18.50.030 Animals
A. Applicability
1. This section applies to the keeping of animals. The keeping of animals is also subject to the provisions of Title 8 of the Municipal Code.
2. Keeping of animals is subject to the standards set out in this section. For purposes of this section, “large farm animal” means horses, ponies, cows, hogs, pigs and other similarly sized animals and “small farm animal” means chickens, rabbits, pygmy goats and other similarly sized animals.
Type | Lot Size | Special Animal Permit Required | *Maximum Number of Animals Allowed |
|---|---|---|---|
Large Farm Animals | < 3 acres | Yes | 1 per acre |
Large Farm Animals | 3 acres or more | No | 1 per acre |
Small Farm Animals | < 3 acres | Yes | 10 animals; roosters prohibited |
Small Farm Animals | 3 acres or more | No | No Maximum |
Bees | < 3 acres | Yes | 2 Beehives |
Bees | 3 acres or more | No | No Maximum |
Dogs and Cats over 4 months in age* (other domestic pets do not require a permit) | Any Size Lot | Yes, for any combination of more than 4 dogs or cats over 4 months in age. | If a permit is required, the maximum number of dogs and/or cats will be identified on the permit. |
B. Requirements.
The following requirements apply to all lots:
1. Minimum Yard Setback Requirements
a. Chicken coops, chicken tractors, and all other animal enclosures is six (6) feet.
b. Beehives, stand, or apiary is fifteen (15) feet.
2. Farm Animal Enclosures.
Animals must be kept in an enclosed structure or area located in the side or rear yard of the principal dwelling and are not permitted to roam unsupervised outside of the enclosure.
a. Enclosures which are open to the sky must consist of a wall or fence of sufficient height to contain the animals.
b. Enclosures for chickens and rabbits must be a minimum of two (2) square feet per animal and include a run.
c. No chicken coop, chicken tractor or other small farm animal enclosure will exceed eighty-four (84) square feet unless authorized by a special animal permit.
3. Keeping of Bees
a. Fresh, clean water must be kept within twenty (20) feet of the hive, stand, or apiary.
b. The owner of any hive or apiary will install and maintain a flyway barrier six (6) feet in height consisting of a solid wall, fence, vegetation or combination thereof that is parallel to the property line and that extends ten (10) feet beyond the hive or apiary in each direction so that all bees are forced to fly at an elevation of at least six (6) feet above ground level over property lines in the vicinity of the hive or apiary.
C. Special Animal Permit Process
1. Approval.
A special animal permit will be issued if an applicant is in compliance with all requirements of this Section of the UDO and Title 8 of the Municipal Code. Additional conditions, consistent with the standards in this Section, may be imposed on the permit by the Planning Official. These may include, but are not limited to, size of enclosures, lot requirements, and limitation on the number or type of animals.
2. Term.
Permits are valid for a period of five (5) years unless otherwise specified on the permit by the Planning Official.
3. Appeal.
An applicant aggrieved by a final decision by the Planning Official may appeal to the Board of Zoning Appeals (see Section 18.40.220).
4. Revocation
a. The Planning Official may revoke a special animal permit if the permittee has violated any condition of the permit, Title 8 of the Olathe Municipal Code, or any other applicable Olathe Municipal Code or UDO provisions.
b. The Planning Official will send notice of intent to revoke to the permittee identifying the violation(s).
c. A permittee will have thirty (30) days from the date of the notice to request reconsideration by the Planning Official.
d. The Planning Official will inform the permittee within ten (10) days of receipt of the permittee’s request for reconsideration whether the special animal permit was revoked. If revoked, the date of revocation will be provided.
e. If the permittee does not request reconsideration within thirty (30) days of receipt of the notice of intent to revoke, the permit will be revoked effective thirty-one (31) days after the notice of intent to revoke was sent.
f. A permittee who has a special animal permit revoked must wait six (6) months from the date of revocation before submitting a new special animal permit application. (Ord. 20-40 § 3, 2020)