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6. b Keeping of Domestic Fowl1 | P a g e Date of Meeting: August 1, 2023 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: Review on Keeping of Domestic Fowl At their July 11, 2023, meeting, the Planning Commission briefly discussed how the Unified Development Code (UDC) addresses the keeping of domestic fowl. Staff has compiled the relevant sections of the UDC that address the keeping of domestic fowl and other standards that impact the use. OVERVIEW OF UNIFIED DEVELOPMENT CODE 153.200 ZONING DISTRICTS 153.200.030 BASE ZONING DISTRICTS Subd. 6. Accessory Structure Dimensional Standards for all Base Zoning Districts. The City regulates its Accessory Structures by lot size and use type which is independent from the Base Zoning District. The following Dimensional and Size Standards are provided for Accessory Structures. Accessory Structure Dimensional Standards for Domestic Farm Animals. Accessory structures used to shelter domestic farm animals, except as provided in Section [153.300.030] shall meet the following requirements. All domestic farm animal structures, feedlots and manure storage sites shall be setback as follows: 2 | P a g e Table 153.200.030-21. Accessory Structure Dimensional Standards for Domestic Farm Animals Natural/Man-Made Features Horizontal Setbacks (Minimum) Any property line 100 Feet Any existing well or residential structure on the same parcel 50 Feet Any seasonal or year-round wetland, lake or stream 200 Feet Any structure, feedlot or manure storage shall not be placed on slopes which exceed 13%. 153.300 ALLOWED USES 153.300.020 TABLE OF USES Subd. 1. Classification of Uses. Each Use as established on Table 153.300.020-2. Table of Uses by Base Zoning District is classified as either permitted, permitted through regulation or requirement, or prohibited. The following classifications are provided for reference. (B) Table of Uses. The following table of uses is established by Base Zoning District. BASE ZONING DISTRICTS A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Agricultural and Land Based Uses Livestock and Livestock Operations P P P 153.300.030 Subd. 1 (P) Keeping of Animals A A A A A A A A A 153.300.030 Subd. 1 (L) (L) Keeping of Animals. I. The keeping of animals accessory to residential and agricultural uses in all zoning districts is limited to domestic pets and domestic farm animals, subject to the restrictions of this Section as applicable to horse training facilities, kennels, and livestock and livestock operations. II. The keeping of wild or exotic animals is prohibited in all Zoning Districts. 3 | P a g e (P) Livestock and Livestock Operations. I. Animal Density. Livestock and livestock operations must comply with all of the following standards regardless of the number of animal units on the property or whether a permit is required: a. No livestock, with the exception of fowl, may be kept on any site of less than 5 acres. For purposes of this section, 5 acres may include the road right of way. V. Domestic Fowl on Lots Smaller than Five Acres. a. The minimum acreage and animal density requirements are waived for the keeping of domestic fowl (chickens, turkeys, geese or ducks) on lots smaller than five (5) acres provided the standards in this Section are met. The minimum lot size of parcels in the Shoreland Management Overlay District includes only the area of the parcel that is above the Ordinary High Water Level (OHWL). b. The keeping of up to five (5) domestic fowl on a lot that is smaller than five (5) acres does not require a permit. c. The total number of domestic fowl may not exceed ten (10) fowl per acre on a parcel that is between one (1) and five (5) acres in size. Up to five (5) domestic fowl are permitted on a parcel that is less than one (1) acre in size. d. The principal use of the property must be single-family residential and contain a single-family residential structure. Domestic fowl are not permitted on vacant properties or those containing multi-family residential uses. Coop structures used to house domestic fowl that are greater than 120 square feet in size must comply with the accessory building standards established in Section [153.200.030]. e. The keeping of domestic fowl on lots smaller than five (5) acres must comply with the following standards: Hen chickens are permitted. Roosters are prohibited. All chickens shall be of the subspecies Gallus gallus domesticus. All fowl species kept on parcels smaller than five (5) acres must be domesticated varieties. Guineafowl are prohibited (members of the Family Numididae, genus Agelastes, Numida, Guttera, or Acryllium) and Peafowl (Peacocks) are prohibited (Pavo cristatus, Pavo muticus, and Afropavo congensis). Fowl may be slaughtered on the property in locations that are not visible to the public or adjacent properties. If the coop is larger than 120 square feet, the owner must obtain a building permit. If electricity is to be provided for hearing or lighting, the owner shall obtain an electrical permit. 4 | P a g e Coops, pens and other structures for domestic fowl must meet the structure setback requirements of the Zoning District where the parcel is located, plus all permanent coop structures must meet the following minimum setbacks from dwellings on adjacent properties regardless of lot size: Table 153.300.030-2. Domestic Fowl Structure Setbacks Number of Fowl Required setback from dwellings on adjacent properties 1-10 20 feet 11-20 40 feet 21-30 60 feet 31-40 80 feet 41-50 100 feet Coops, pens and other structures for domestic fowl must be located in rear yards only. If the physical characteristics of the property do not permit the coop to be located within the rear yard, the property owner may request approval of an Administrative Permit to locate the coop in the front or side yard. No person may allow domestic fowl to range outside her/his property boundaries. Structures and areas in which domestic fowl are kept or maintained, including coops and pens, must be kept reasonably clean from filth, garbage, and any substances which attract rodents. Domestic fowl may not be kept in such a manner as to constitute a public nuisance as defined by the City Code. The City may revoke a Permit if the animals become a nuisance. The City may enter and inspect any property, including the coop and back yard, at any reasonable time for the purpose of investigating a reported violation or to ascertain compliance or noncompliance with the City Code. 153.600 MASTER GLOSSARY 153.600.30 Definitions of Use, Standards and Terms 12 Animals, Domestic Farm: Cattle, hogs, bees, sheep, goats, llamas, chickens, turkeys, bison, horses (including miniatures) and other animals generally kept for commercial food or fiber production purposes and commonly accepted as farm animals in the State of Minnesota. 128 Livestock: Cattle, hogs, bees, sheep, goats, llamas, chickens, turkeys, bison, horses (including miniatures) and other animals generally kept for commercial food or 5 | P a g e fiber production purposes and commonly accepted as farm animals in the State of Minnesota. Additionally, within the City Code the following regulation applies: § 90.36 LOCATION OF SMALL ANIMAL PINS. No chicken coop, dove cote, dog kennel, rabbit warren, or other yard establishment where small animals or fowls are kept shall be maintained closer than 200 feet to any tenement or apartment house, hotel, restaurant, boarding house, retail food store, building used for school, religious, or hospital purposes or residence other than that occupied by the owner or occupant of the premises upon which the creatures are kept. ANALYSIS Staff Analysis The UDC currently allows the keeping of domestic fowl through two land uses “Keeping of Animals” and “Livestock and Livestock Operations” (Livestock). Keeping of Animals is allowed as an accessory use within all zoning districts, whereas Livestock are allowed only in the A-P, AG-C, and RR-G districts. Standards for Keeping of Animals are minimal when compared to Livestock standards. When this issue was previously discussed, staff was evaluating the request based on the Livestock use as the “Domestic Fowl on Lots Smaller than Five Acres.” standards above. After further reviewing the code, staff believes that this section was included in error under the Livestock use and should be located as a standard under the Keeping of Animals use. RECOMMENDATION The Planning Commission should discuss the issue. If the Commission believes there to be an error in the code or wishes to amend the UDC, the Commission can forward the issue to be considered by the City Council. Attachments A. Unified Development Code Section 153.200 Zoning Districts (link only) B. Unified Development Code Section 153.300 Allowed Uses (link only) C. Unified Development Code Section 153.600 Master Glossary (link only) D. Zoning Map – City of Scandia 6, 01 8.7 Legend 0 4,213 Feet This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: © Bolton & Menk, Inc - Web GIS 6/16/2023 10:14 AM Roads US Trunk Highway Minnesota Trunk Highway County Highway Local Roads Ramp City Limits Parks PUD Overlay Lakes Mining Overlay Saint Croix River District Zoning Agricultural Core Agricultural Preserves Rural Residential General Village Neighborhood Rural Commercial Rural Residential Neighborhood Village Historic Core Village Center Industrial Park Zoning Map