Covington City Zoning Code

18.80 Development Standards

Animals, Home Occupation, Home Industry

18.80.010 Purpose.

The purpose of this chapter is to enhance and preserve the compatibility between neighboring properties by regulating the scope and intensity of accessory uses or activities. (Ord. 05-15 § 1 (Exh. A); Ord. 42-02 § 2 (21A.30.010))

18.80.015 General requirements.

The keeping of domestic animals, livestock, fowl, and bees is permitted outright as an accessory use to any primary use, in each case subject to all of the following requirements.

(1) Domestic animals which are kept indoors as household pets in aquariums, terrariums, cages or similar containers are permitted in all zoning districts and shall not be limited in number, except as provided in Chapter 6.05 CMC. Other domestic animals kept indoors or outdoors shall be limited to five, of which not more than three may be unaltered cats or dogs.

(2) Kennels and catteries within the City must comply with the following, in addition to the provisions adopted under Chapter 6.05 CMC and CMC 18.25.050 and 18.31.080.

(a) For kennels located on residential zoned sites:

(i) The minimum site area shall be five acres; and

(ii) Structures housing animals and outdoor animal runs shall be a minimum distance of 100 feet from property lines abutting residential zones; and

(iii) The maximum number of adult dogs shall be 10;

(b) For kennels located on nonresidential zoned sites, run areas shall be completely surrounded by an eight-foot solid wall or fence and are subject to the requirements in Section 11.04.060 King County Code and CMC 18.25.050 and 18.31.080; and

(c) Catteries shall be on sites of 35,000 square feet or more, and buildings used to house cats shall be a minimum distance of 50 feet from property lines abutting residential zones.

(3) Fowl are permitted in all zoning districts, except the town center district, with no required minimum lot size, subject to the following:

(a) Five fowl are allowed on lots less than 16,000 square feet. One additional fowl is allowed for every additional 4,000 square feet of lot size.

(b) Structures and confinement areas housing fowl shall be located a minimum of 10 feet from all property lines and 20 feet away from any dwelling unit on an adjacent lot.

(4) Livestock is permitted in all zoning districts, except the town center district, subject to the following:

(a) The minimum lot size for keeping livestock is 20,000 square feet for the first animal, and 15,000 square feet for each additional animal unit;

(b) All livestock facilities and outdoor confinement areas shall be located a minimum of 10 feet from all property lines and a minimum of 30 feet from any dwelling unit on an adjacent property and shall be subject to the following additional restrictions:

(i) Grazing areas may project to property lines;

(ii) Swine shall not be kept within 50 feet of all property lines and dwelling units, with the exception of miniature potbelly pigs in accordance with subsection (8) of this section; and

(iii) Doorways and other openings to the livestock facilities and outdoor confinement shall be oriented away from neighboring properties unless no alternative location exists that does not create an impact to neighbors.

(5) All livestock facilities, structures housing fowl, confinement areas, and grazing areas shall be cleaned of manure or refuse on a regular basis. The director shall have the authority to require more frequent cleaning if the manure or refuse becomes a nuisance.

(6) No portion of a livestock facility, structure housing fowl, confinement area, and/or grazing area shall be located within a critical area and/or critical area buffer unless permitted pursuant to Chapter 18.65 CMC:

(a) A farm conservation plan prepared by the King Conservation District shall be submitted to the City for any livestock facilities, structures housing fowl, confinement areas, and/or grazing areas located on properties with critical areas and critical area buffers. The farm conservation plan shall be prepared in accordance with Chapter 18.65 CMC, Section 21A.30.045(A), (B), (C), and (D) King County Code, and Section 21.30.060 King County Code.

(b) All existing livestock facilities, structures housing fowl, confinement areas, and grazing areas located within critical areas or critical area buffers shall provide a farm conservation plan to the City within two years of the adoption of this chapter.

(7) All livestock and fowl shall be kept within an enclosure or a fence of sufficient strength and construction to prevent the escape of or injury to the livestock and fowl.

(8) Miniature potbelly pigs, commonly known as Vietnamese, Chinese, or Asian potbelly pigs (Sus scrofa bittatus), may be kept as domestic animals in accordance with subsection (1) of this section; provided, each potbelly pig is not greater than 22 inches in height at the shoulder or no more than 150 pounds in weight. Swine that exceed these limitations shall be considered livestock and shall meet setback requirements in subsection (4) of this section. The maximum number of potbelly pigs kept as domestic animals shall be two per household.

(9) Bees may be kept subject to the following regulations:

(a) Properties housing bees shall be a minimum of 10,000 square feet in area.

(b) Two hives are permitted if the subject property is less than 20,000 square feet in area. One additional hive is allowed for each additional 10,000 square feet in lot size.

(c) Hives shall be a minimum of 25 feet from each property line, with the hive(s) entrance(s) facing away from the nearest property line.

(d) All hives shall be registered with the Washington State Department of Agriculture, pursuant to RCW 15.60.021, prior to April of each year in which they are kept.

(10) The keeping of domestic animals, livestock, fowl, and bees for any for-profit venture shall comply with the requirements of Chapter 5.10 CMC and CMC 18.80.100 and 18.80.110.

(11) The keeping of domestic animals, livestock, fowl, and bees is permitted on properties without a primary use if two or more lots are conjoined and owned by the same landowner, and one of the properties contains a primary use. (Ord. 05-15 § 1 (Exh. A))

18.80.017 Other requirements, nuisances, and enforcement.

(1) The raising and keeping of domestic animals, livestock, fowl or bees is also subject to Chapters 6.05, 8.20, and 8.30 CMC.

(2) The following domestic animal, livestock, fowl, or bee uses under this chapter shall also be considered nuisances:

(a) Causes damages to the property of anyone other than its owner;

(b) Is vicious in nature;

(d) Causes unsanitary conditions in enclosures or surroundings; provided, however, that this subsection is not violated if the alleged nuisance occurs by the accumulation of expected amounts of manure, urine, or other animal waste products and the manure is not allowed to stockpile, but is either composted, tilled into the ground or hauled away from the premises;

(e) Barks, whines, howls or other disturbing noises are made in an excessive, continuous, or untimely fashion;

(f) Is determined by the King County Health Department to be a public nuisance by virtue of being offensive or dangerous to the public health, welfare or safety.

(3) Except as otherwise provided in this chapter, any violation of any provision of this chapter constitutes a civil code violation subject to and enforced pursuant to the provisions of Chapter 1.30 CMC. (Ord. 05-15 § 1 (Exh. A))

18.80.018 Amortization requirements.

Except for as provided in CMC 18.80.015(6), the following amortization requirements shall apply to prior legal nonconforming animal uses under this chapter:

(1) 18.25.030

Any prior legal nonconforming animal uses must be discontinued or brought into conformance with CMC 18.80.015(1), (3), (7), (8), (9), and (10) within three months of the effective date of the ordinance codified in this chapter.

(2) Any prior legal nonconforming animal uses must be discontinued or brought into conformance with CMC 18.80.015(2), (4), and (6) within one year of the effective date of the ordinance codified in this chapter.

(a) An extension or exemption from the amortization requirements in this subsection (2), only, may be applied for by the owner of the property on which the prior legal nonconforming animal use exists. An application for an amortization exemption or extension may be approved, or approved with modification, by the Director if it satisfies all of the following criteria:

(i) The use is compatible with the subject property;

(ii) The use substantially complies with the requirements of the code for the land use district in which it is located. Minor deviations from these code provisions may be approved by the Director if he or she concludes that the use is compatible with the character of the primary structures on the subject property and with the structures and uses on surrounding properties;

(iii) The enforcement of this code would result in a substantial hardship to the applicant due to the size, shape, topography, location, or surroundings of the subject property and such hardship was not created by any action of the applicant;

(iv) The use is consistent with the City’s comprehensive plan; and

(v) The use is consistent with and does not endanger the public health, safety and welfare.

The decision to issue an amortization extension or exemption under this subsection shall be made in the sole discretion of the Director, and such decision shall be final.

(3) Any prior legal nonconforming animal uses must comply with all other provisions of this chapter not enumerated above immediately upon the effective date of the ordinance codified in this chapter.

(4) Any and all new animal uses shall be subject to the provisions of this chapter. (Ord. 05-15 § 1 (Exh. A))

18.80.020 Animal regulations – Small animals.

Repealed by Ord. 05-15. (Ord. 42-02 § 2 (21A.30.020))

18.80.030 Animal regulations – Livestock – Purpose.

Repealed by Ord. 05-15. (Ord. 42-02 § 2 (21A.30.030))

18.80.040 Animal regulations – Livestock – Densities.

Repealed by Ord. 05-15. (Ord. 42-02 § 2 (21A.30.040))

18.80.050 Animal regulations – Livestock – Farm management plans.

Repealed by Ord. 05-15. (Amended at request of department 2/08; Ord. 42-02 § 2 (21A.30.045))

18.80.060 Animal regulations – Livestock – Management standards.

Repealed by Ord. 05-15. (Ord. 42-02 § 2 (21A.30.060))

18.80.070 Animal regulations – Livestock – Building requirements.

Repealed by Ord. 05-15. (Ord. 6-05 § 1; Ord. 23-04 § 18; Ord. 42-02 § 2 (21A.30.062))

18.80.080 Animal regulations – Livestock – Education and enforcement.

Repealed by Ord. 05-15. (Ord. 10-07 § 13; Ord. 42-02 § 2 (21A.30.066))

18.80.090 Existing livestock operations.

Repealed by Ord. 05-15. (Ord. 42-02 § 2 (21A.30.070))

18.80.100 Home occupation.

Residents of a dwelling unit may conduct one or more home occupations as accessory activities, provided:

(1) The total area devoted to all home occupation(s) shall not exceed 20 percent of the floor area of the dwelling unit. Areas with attached garages and storage buildings shall not be considered part of the dwelling unit for purposes of calculating allowable home occupation area but may be used for storage of goods associated with the home occupation;

(2) In urban residential zones, all the activities of the home occupation(s) shall be conducted indoors, except for those related to growing or storing of plants used by the home occupation(s);

(3) One full-time or full-equivalent nonresident may be employed and work in the dwelling unit where the home occupation is located. A home occupation may have additional nonresident employees if the employees work off-site and do not visit the premises except as otherwise allowed in this section;

(4) The home occupation shall not be used as a headquarters or meeting location for the assembly of employees or subcontractors, including staging or dispatch of employees or subcontractors to other locations, except that meetings with off-site employees of the home occupation may occur up to four times in a calendar year;

(5) The following activities, as a home occupation, shall be prohibited in urban residential zones only:

(a) Repair of automobiles, trucks, watercraft, recreation vehicles, other motor vehicles, heavy equipment, and devices with internal combustion engines;

(b) Body work or painting of automobiles, trucks, watercraft, recreation vehicles, other motor vehicles, heavy equipment, and devices with internal combustion engines;

(c) Parking and storage of automobiles, trucks, watercraft, recreation vehicles, heavy equipment, and devices with internal combustion engines; and

(d) Storage of building materials for use on other properties;

(6) In addition to required parking for the dwelling unit, on-site parking shall be provided as follows:

(a) One stall for a nonresident employed by the home occupation(s); and

(b) One stall for patrons when services are rendered on-site;

(7) Sales shall be limited to:

(a) Mail order sales; and

(b) Telephone sales with off-site delivery;

(8) Services to patrons shall be arranged by appointment or provided off-site;

(9) The home occupation(s) may use or store a vehicle for pickup of materials used by the home occupation(s) or the distribution of products from the site, provided:

(a) No more than one such vehicle shall be allowed;

(b) Such vehicle shall not park within any required setback areas of the lot or on adjacent streets; and

(10) The home occupation(s) shall not use electrical or mechanical equipment that results in:

(a) A change to the occupancy type of the structure(s) used for the home occupation(s);

(b) Visual or audible interference in radio or television receivers, or electronic equipment located off-premises; or

(11) Home occupations shall be permitted to continue as a legal nonconforming use so long as the use continues to comply with the criteria that were in effect at the time of original approval and so long as the business complies with local and state regulations, including renewal of a required business license as set forth in Chapter 5.10 CMC.

(12) A home occupation shall not be transferable to any other person, nor shall a home occupation be valid at any address other than the one appearing on the issued permit.

(13) Uses not allowed as home occupations may be allowed as a home industry pursuant to CMC 18.80.110. (Ord. 15-09 § 1 (Exh. 1); Ord. 42-02 § 2 (21A.30.080))

18.80.110 Home industry.

A resident may establish a home industry as an accessory activity, provided:

(1) The site area shall be no less than one acre;

(2) The area of the home industry shall not exceed 50 percent of the floor area of the dwelling unit. Areas within attached garages and storage buildings shall not be considered part of the dwelling unit for purposes of calculating allowable home industry area but may be used for storage of goods associated with the home occupation;

(3) No more than four nonresidents shall be employed in a home industry;

(4) In addition to required parking for the dwelling unit, on-site parking shall be provided as follows:

(a) One stall for each nonresident employee of the home industry; and

(b) One stall for customer parking;

(5) Additional customer parking shall be calculated for areas devoted to the home industry at the rate of one stall per:

(a) One thousand square feet of building floor area; and

(b) Two thousand square feet of outdoor work or storage area;

(6) Sales shall be limited to items produced on-site, except for items collected, traded and occasionally sold by hobbyists, such as coins, stamps, and antiques;

(7) Ten feet of Type I landscaping shall be provided around portions of parking and outside storage areas which are otherwise visible from adjacent properties or public rights-of-way; and

(8) The Director shall ensure compatibility of the home industry by:

(a) Limiting the type and size of equipment used by the home industry to those which are compatible with the surrounding neighborhood;

(b) Providing for setbacks or screening as needed to protect adjacent residential properties;

(d) Determining acceptable levels of outdoor lighting; and

(e) Requiring sound level tests for activities determined to produce sound levels which may be in excess of those set forth in the Covington noise ordinance, Chapter 8.20 CMC. (Ord. 42-02 § 2 (21A.30.090))

18.80.120 Protection of agricultural uses.

(1) Agricultural uses, having long-term commercial significance and existing at the time of adoption of this code, may request that any approval of a development permit, on abutting property, be required to take reasonable steps to protect the existing agricultural use. The determination of long-term commercial significance must first be made by the City Council. The Council, in making such determination, will consider the following:

(a) The property owner, requesting such determination, must submit written verification that the property is in active agricultural production. Such verification may include, but not be limited to, income tax statements showing that the agricultural land is primarily devoted to the commercial production of agricultural uses listed in RCW 36.70A.030(2), and that the property has long-term commercial significance for agricultural production.

(2) The property owner of the long-term agricultural use desiring protection, upon receipt of a notice of a proposed development, must submit, in writing, verified, detailed information what adverse impacts the proposed development will have on the agricultural use and what specific protective measures are needed to protect the agricultural use from such impacts.

(3) In reviewing development permit applications, where an agricultural property owner has requested protection of the agricultural use, the reviewing agency will take the following into consideration:

(a) The unique need(s) of the agricultural use.

(b) The protective measure will be the minimum necessary to provide for the continued operation of the agricultural use, while not adversely impacting the rights of the abutting property owners.