6.10.020 Administrative modifications.
The director of planning, community and economic development (“administrator”), or designee, shall have the authority to grant or deny modifications, as listed below, to the standards of this section.
A. The following modifications may be allowed (only one modification is allowed per property):
1. An increase of up to one hundred fifty percent of the allowable number of hens.
2. Two people owning or renting a house or duplex within three hundred feet of each other may consolidate each property’s allotted number of hens on one parcel. At least one of the owners of the hens must reside on the parcel where the hens are kept.
3. The required enclosure setback to a habitable building on an adjacent property may be reduced to not less than ten feet, with the adjacent property owner’s written approval.
B. Applications for modifications to this section shall be made to the administrator and shall include materials deemed necessary by the administrator.
1. Upon receipt of an application the administrator shall require notification by mail to adjacent properties. This notice shall describe the location and modification proposed by the applicant.
2. Two calendar weeks after notification the administrator may either grant or deny the application. If granted, conditions of the permit (if any) shall be attached and a copy sent to the adjacent property owners.
3. Any aggrieved party shall have five business days from the date of the decision to appeal the decision of the administrator to the city council. The appeal shall be in writing and is to be filed with the city clerk. The permit shall not become valid until expiration of the five days. An appeal stays the validity of the permit until a decision is made by the city council.
4. If after approval of the modification, the property owner violates any of the conditions upon the permit, or if the modification is found to be having a detrimental effect upon the surrounding neighborhood, the administrator, upon thirty day notice, shall have the authority to revoke or place additional restrictions on the permit. This decision may be appealed to the city council by the party owning the chickens within thirty days of the mailing of the administrator’s decision (Ord. 2955 Att. A, 2015)