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5.e Farm, Livestock, Fowl - PC Packet1 | P a g e Date of Meeting: September 5, 2023 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Frannie Nielsen, Consultant Planner Re: UDC Amendment to Section 153.300.030 and Section 153.600.030 Regarding Domestic Animals and Livestock The Planning Commission requested that staff prepare an amendment to the Unified Development Code (UDC) to amend the definitions and use standards related to domestic farm animals, domestic fowl, keeping of animals and livestock. Currently, the definition and standards for domestic farm animals and livestock are similar and a clearer distinction is needed. A public hearing on the proposed ordinance is required. BACKGROUND The City adopted the UDC on September 20, 2022, to replace the previous zoning and subdivision codes. The UDC addresses use standards for livestock and keeping of animals. 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 is allowed only in the A-P, AG-C, and RR-G districts. Standards for Keeping of Animals are minimal when compared to Livestock standards. This issue was identified previously during the review of an application. Staff evaluated the request based on the Livestock use as the “Domestic Fowl on Lots Smaller than Five Acres” Standards are only included under that use. After further reviewing the code, staff believes that this section should have been included under the Keeping of Animals use specific regulations and referenced by the Livestock use standards. 2 | P a g e Previous discussion also focused on the definitions of domestic farm animals and livestock and how the current use standards serve the needs of Scandia. Domestic fowl and beekeeping can be less intense uses the than keeping of animals and livestock. The proposed amendment reflects updated language to specify regulations for domestic fowl and bees to give property owners more flexibility for these less intense uses. City staff also conducted research for accessory structure setback regulations related to domestic farm animals and livestock. Staff found that Scandia’s current UDC has similar intent and regulations compared to neighboring communities. Domestic Farm Animal Accessory Structure Setbacks in Neighboring Communities Minimum Setback from: Scandia Forest Lake Washington County Any property line 100 feet 100 feet 100 feet Any existing well or residential structure on the same parcel 50 feet 50 feet 50 feet Any seasonal or year- round wetland, lake or stream 200 feet 200 feet 200 feet OVERVIEW OF UDC AMENDMENT The ordinance language shows what will be struck from the ordinance with a strikethrough and new text as underlined red text. 153.600 MASTER GLOSSARY 153.600.30 Definitions of Use, Standards And Term 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 not to exceed 11 animal units. Colony: An aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. Livestock: 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. No livestock, with the exception of fowl, may be kept on any site of less than 5 acres. 3 | P a g e 153.300 ALLOWED USES 153.300.030 Use Specific Regulations (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. Domestic Fowl on Lots Smaller than Five Acres a. The minimum acreage, animal density requirements, and setback requirements for accessory structures incidental to the keeping of domestic fowl (chickens, turkeys, geese, or ducks) are waived 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: i. Hen chickens are permitted. ii. Roosters are prohibited. iii. All chickens shall be of the subspecies Gallus gallus domesticus. iv. All fowl species kept on parcels smaller than five (5) acres must be domesticated varieties. v. 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). vi. Fowl may be slaughtered on the property in locations that are not visible to the public or adjacent properties. vii. 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. 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 and temporary 4 | P a g e 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 viii. 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. ix. No person may allow domestic fowl to range outside her/his property boundaries. x. 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. xi. 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. xii. 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 III. Beekeeping a. Beekeeping is prohibited on lots smaller than five acres. b. Colonies shall be located only in the rear yard and setback a minimum of 25 feet from all property lines. c. Each colony shall have a beehive no larger than 8 cubic feet. d. Honeybee colonies shall be kept in hives with removable frames. e. Each beekeeper must ensure that a convenient source of water is always available within ten feet of each colony. f. Each beekeeper must ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the lot. Such 5 | P a g e materials once removed from the site shall be handled and stored in sealed containers or placed within a building or other vermin-proof container. g. Each beekeeper shall maintain the beekeeping equipment in good condition h. Permit Required i. No beekeeping may occur on any property in the city unless the city issues an administrative permit to the beekeeper on that specific property. The permit will be valid for two growing seasons. ii. Permits are non-transferable and do not run with the land. iii. A permit constitutes a limited license granted to the beekeeper by the city and in no way creates a vested zoning right. iv. By signing the permit, the beekeeper acknowledges that he or she shall defend and indemnify the city against any and all claims arising out of keeping the bees on the premises. v. All standards of practice must be met in order to issue a permit. vi. If the standards of practice are not maintained subsequent to issuance of a beekeeping permit, the permit may be revoked by the city. IV. The keeping of wild or exotic animals is prohibited in all Zoning Districts. Animals that are not identified in the Unified Development Code may be determined to be wild or exotic at the discretion of the Zoning Administrator. V. Accessory structures used for domestic farm animals, with the exception of domestic fowl and bees, must also meet the standards detailed in Section 153.200.030 Subd. 6 for accessory structure setbacks. All accessory structures used for domestic farm animals must meet the required setbacks for the base zoning district and as required by the Shoreland Management Overlay District. (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, animal density requirements, and setback requirements for accessory structures incidental to the keeping of domestic fowl (chickens, turkeys, geese, or ducks) are waived 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. 6 | P a g e 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 120square 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: i. Hen chickens are permitted. ii. Roosters are prohibited. iii. All chickens shall be of the subspecies Gallus gallus domesticus. iv. All fowl species kept on parcels smaller than five (5) acres must be domesticated varieties. v. 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). vi. Fowl may be slaughtered on the property in locations that are not visible to the public or adjacent properties. vii. 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. 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 viii. 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 7 | P a g e 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. ix. No person may allow domestic fowl to range outside her/his property boundaries. x. 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. xi. 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. xii. 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 V. Accessory structures used for livestock or livestock operations, with the exception of domestic fowl and bees, must also meet the standards detailed in Section 153.200.030 Subd. 6 for accessory structure setbacks. All accessory structures used for livestock or livestock must meet the required setbacks for the base zoning district and as required by the Shoreland Management Overlay District. ANALYSIS Staff Analysis At the August 1, 2023, Planning Commission meeting, staff was requested to research provisions related to domestic farm animals, livestock, and related accessory structure setbacks and provide guidance on ordinance language. The Planning Commission discussed the need for research and a proposed amendment to the ordinance regarding livestock, domestic farm animals, and related accessory structures. Staff researched ordinance language of nearby communities including Forest Lake, Stillwater, and Washington County. Staff believes that the proposed changes will provide guidance for livestock and domestic farm animals to meet the goals of the chapter. Staff has researched best practices and other communities in regards to beekeeping and has suggested proposed standards based on this research. Staff utilized Stillwater’s ordinance language in conjunction with research from bestbees.com and buddhabeeapiary.com to craft language to fit the needs of Scandia. The Planning Commission should discuss how the proposed language differentiates livestock and domestic farm animals. RECOMMENDATION After holding the public hearing, the Planning Commission can do one of the following: 8 | P a g e 1. Recommend approval, with or without conditions 2. Recommend denial, with findings 3. Table the request for further review/study Staff recommends that the Planning Commission recommend approval of the UDC text amendment to amend the definitions of livestock, colony, and domestic farm animals in Section 153.600.030 and the specific use standards of livestock, keeping of animals, and domestic fowl in Section 153.300.030 as presented in the ordinance. Attachments A. Draft Ordinance 2023-03 Regarding Domestic Farm Animals and Livestock B. Unified Development Code Section 153.200 Zoning Districts (link only) C. Unified Development Code Section 153.300 Allowed Uses (link only) D. Unified Development Code Section 153.600 Master Glossary (link only) E. Zoning Map – City of Scandia Removed Text: Strikethrough New Text: Red Underlined Page 1 of 7 CITY OF SCANDIA ORDNANCE NO.: 2023-03 AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE SECTION 153.300 AND 153.600 REGARDING DOMESTIC FARM ANIMALS, LIVESTOCK, AND DOMESTIC FOWL STANDARDS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Chapter 153.600.30, shall be amended by adding the underlined text and deleting the stricken text as follows: 153.600 MASTER GLOSSARY 153.600.30 Definitions of Use, Standards and Term 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 not to exceed 11 animal units. Colony: An aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. Livestock: 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. No livestock, with the exception of fowl, may be kept on any site of less than 5 acres. 153.300 ALLOWED USES 153.300.030 Use Specific Regulations (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. Domestic Fowl on Lots Smaller than Five Acres a. The minimum acreage, animal density requirements, and setback requirements for accessory structures incidental to the keeping of domestic fowl (chickens, turkeys, Removed Text: Strikethrough New Text: Red Underlined Page 2 of 7 geese, or ducks) are waived 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: i. Hen chickens are permitted. ii. Roosters are prohibited. iii. All chickens shall be of the subspecies Gallus gallus domesticus. iv. All fowl species kept on parcels smaller than five (5) acres must be domesticated varieties. v. 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). vi. Fowl may be slaughtered on the property in locations that are not visible to the public or adjacent properties. vii. 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. 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 and temporary coop structures must meet the following minimum setbacks from dwellings on adjacent properties regardless of lot size: Removed Text: Strikethrough New Text: Red Underlined Page 3 of 7 Table 153.300.030-2. Domestic Fowl Structure Setbacks viii. 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. ix. No person may allow domestic fowl to range outside her/his property boundaries. x. 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. xi. 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. xii. 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 III. Beekeeping a. Beekeeping is prohibited on lots smaller than five acres. b. Colonies shall be located only in the rear yard and setback a minimum of 25 feet from all property lines. c. Each colony shall have a beehive no larger than 8 cubic feet. d. Honeybee colonies shall be kept in hives with removable frames. Removed Text: Strikethrough New Text: Red Underlined Page 4 of 7 e. Each beekeeper must ensure that a convenient source of water is always available within ten feet of each colony. f. Each beekeeper must ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the lot. Such materials once removed from the site shall be handled and stored in sealed containers or placed within a building or other vermin-proof container. g. Each beekeeper shall maintain the beekeeping equipment in good condition h. Permit Required i. No beekeeping may occur on any property in the city unless the city issues an administrative permit to the beekeeper on that specific property. The permit will be valid for two growing seasons. ii. Permits are non-transferable and do not run with the land. iii. A permit constitutes a limited license granted to the beekeeper by the city and in no way creates a vested zoning right. iv. By signing the permit, the beekeeper acknowledges that he or she shall defend and indemnify the city against any and all claims arising out of keeping the bees on the premises. v. All standards of practice must be met in order to issue a permit. vi. If the standards of practice are not maintained subsequent to issuance of a beekeeping permit, the permit may be revoked by the city. IV. The keeping of wild or exotic animals is prohibited in all Zoning Districts. Animals that are not identified in the Unified Development Code may be determined to be wild or exotic at the discretion of the Zoning Administrator. V. Accessory structures used for domestic farm animals, with the exception of domestic fowl and bees, must also meet the standards detailed in Section 153.200.030 Subd. 6 for accessory structure setbacks. All accessory structures used for domestic farm animals must meet the required setbacks for the base zoning district and as required by the Shoreland Management Overlay District. (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: Removed Text: Strikethrough New Text: Red Underlined Page 5 of 7 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, animal density requirements, and setback requirements for accessory structures incidental to the keeping of domestic fowl (chickens, turkeys, geese, or ducks) are waived 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 120square 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: i. Hen chickens are permitted. ii. Roosters are prohibited. iii. All chickens shall be of the subspecies Gallus gallus domesticus. iv. All fowl species kept on parcels smaller than five (5) acres must be domesticated varieties. v. 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). vi. Fowl may be slaughtered on the property in locations that are not visible to the public or adjacent properties. vii. 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 Removed Text: Strikethrough New Text: Red Underlined Page 6 of 7 shall obtain an electrical permit. 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 viii. 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. ix. No person may allow domestic fowl to range outside her/his property boundaries. x. 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. xi. 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. xii. 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 V. Accessory structures used for livestock or livestock operations, with the exception of domestic fowl and bees, must also meet the standards detailed in Section 153.200.030 Subd. 6 for accessory structure setbacks. All accessory structures used for livestock or Removed Text: Strikethrough New Text: Red Underlined Page 7 of 7 livestock must meet the required setbacks for the base zoning district and as required by the Shoreland Management Overlay District. Section 3 Planning Commission. The Planning Commission discussed the proposed ordinance at their September meeting and held a public hearing on the UDC amendment at a public hearing at their September 5th, 2023, meeting. No residents spoke at the public hearing. The Planning Commission voted to recommend approval of the ordinance. Section 4 Effective Date. This ordinance shall be in full force and effect upon its adoption. Passed and adopted by the City Council of the City of Scandia this 19 day of September, 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator 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. 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