6. a Development Code Update eeting Date: 5/4/2010
Agenda Item:
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14727 209`h St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Continue discussion of the Development Code update.
Deadline! Timeline: N/A
Background: The purpose of the discussion on May 4 will he to address several
issues that have been identified at previous meetings, and to review
and finalize the following materials listed below that have been
developed for Chapter 1 and 2 of the Development Code to date. Our
discussion will include the following items:
• Definitions, Districts and Permits for the following Uses:
➢ Essential Services
➢ Home Occupations
➢ Animals
• Review and Finalize Revised Tables for Uses and Dimensional
Standards
Recommendation: 1 recommend that the Commission and Council review the materials
provided and complete discussion of the district regulations.
Attachments! • Proposed New/Revised Definitions (April 27, 2010)
Materials provided: • Memo on Home Occupations Regulations (April 21, 2010)
• Memo on Animal-Related Uses (April 20, 2010)
• Table of Allowable Land Uses (April 27, 2010)
• Table of Lot Area and Setback Requirements (April 15, 2010)
Contact(s):
Prepared by: Sherri Buss, TKDA (651 292-4582) and
Anne Hurlburt, Administrator
(dcv code work session 5 4 10)
Page 1 of 1
04/28/10
Proposed new/revised definitions: to be added to Chapter 1
April 27, 2010
City of Scandia 14530.000
Agricultural Direct-market Business: A commercial enterprise in which agricultural products are
produced on a site and marketed and sold directly to consumers without an intermediate
wholesaler or distributor other than a farm co-op organization. Direct market business may
include enterprises such as pick-your-own operations, and operations in which delivery of
products is made directly to consumers.
Agricultural Processing: Processing on the farm of horticulture, forestry, dairy, egg, or apiary
products grown on the farm in the course of preparing the product for market. Agricultural
processing shall not include animal slaughtering or meat/animal processing. Agricultural
processing is subordinate and incidental to the farm operation. Agricultural processing includes
activities such as cutting, drying, packaging, canning, milling, grinding, freezing, heating and
fermenting of product.
Agritourism Enterprise: A commercial enterprise on a working farm or plant nursery in which
the public or invited groups participate in recreational or educational activities. These activities
must be related to agriculture or natural resources and incidental to the farm operation. This term
includes farm tours, hayrides, corn mazes, and classes related to agricultural products or skills,
and similar uses. Campgrounds or overnight camping shall not be considered an Agritourism
enterprise.
Animals, Domestic Farm: Cattle, hogs, bees, sheep, goats, llamas, chickens, turkeys, 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.
Animals, Domestic Pets: House pets such as dogs, cats and birds (except those defined as farm
animals or wild animals) that can be contained within a principal structure throughout the entire
year, provided that containment can be accomplished without special modifications to the
structure requiring a building permit from the City. Includes rabbits normally sheltered outside
the home.
Animals, Wild or Exotic: Any animal that is wild, ferocious, or vicious by nature, habit,
disposition, or character. Animals in this category include any ape (including chimpanzee,
gibbon, gorilla, orangutan, or siamang),baboon, bear, bison, bobcat, cheetah, crocodile, coyote,
deer (including members of the deer family such as elk, antelope and moose), elephant, ferret,
fox,hippopotamus, hyena,jaguar, leopard, lion, lynx, monkey, puma, also known as cougar,
mountain lion or panther, rhinoceros, a snake which is poisonous, or any constrictor snake, snow
leopard, tiger, wolf, or hybrid mix of any of the wild animals, such as wolf/dog mixes.
Campgrounds: Any area, whether privately or publicly owned, used on a daily, nightly, weekly,
or longer basis for the accommodation of 5 or more tents, or recreational camping vehicles, free
of charge or for compensation.
Conference Center: A hall or other building that is designed to hold meetings, public and private
business and social events or conferences. May he included as part of a resort.
Delicatessen/Coffee House: A shop where ready-to-serve food, such as cooked meats, salads,
sandwiches, etc. which are prepared in advance, and coffee, tea or other non-alcoholic beverages
are sold.
Drive-through: Any use where products and/or services are provided to the customer under
conditions where the customer does not have to leave the car.
Essential Services : Includes underground or overhead gas, electrical, steam or water
distribution systems; collection, communication, supply or disposal systems including poles,
wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants or other similar equipment and accessories in conjunction with such systems.
Essential services do not include buildings or Essential Services--Transmission Facilities.
Essential Services --:Fransmission Facilities: A facility that transforms, converts, or switches
telephone, gas, electrical, steam, waste, or water transmission services, such as electrical power
lines with a voltage of 35 kv or greater; utility substations; bulk gas or fuel being transfeired
from station to station and not intended for en route consumption ; or other similar equipment,
related buildings, storage and accessories, including necessary structures and accessories for
electric substations, gas substations, and telephone switching and relay facilities.
Farmers' Market: Three or more vendors coordinated by a single organization for the purpose of
outdoor display and direct sale of Christmas trees, and nursery and horticultural products (fruits,
vegetables, flowers, shrubs, and the like) to consumers.
Feed and Seed Sales: a retail establishment which offers for sale hulk packages or quantities of
feed for farm animals and/or seeds used in agricultural production.
Flower Shop: A building or premises used primarily for the retail sale of potted or cut flowering
plants, vegetable and herb plants, flower care and handling, floral design or flower arranging,
merchandising, and display and flower delivery and related products and services to consumers.
Food and Beverage Processing: The manufacture or packaging of food and beverage products
primarily from raw materials or bulk storage and handling of the products and materials, but not
including meat processing.
Garden su I store: A place of business where retail and wholesale gardening, landscaping, or
farming products arc sold to the retail customer. These centers import the majority of the items
sold. These items may include plants, nursery products and stock, fertilizers, potting soil,
hardware, power equipment and machinery, hose, rakes, shovels, decorative rock, stone, gravel,
mulch, and other similar materials and tools.
General store: A retail store for the sale of more than one type of general merchandise or food.
Typical general merchandise includes clothing and other apparel, equipment for hobbies and
sports, gifts, flowers and household plants, dry goods, toys, furniture, antiques, books and
stationery, pets, drugs, auto parts and accessories and similar consumer goods.
Government Use ldin sand Storage: An area of land or structures used for public purposes,
storage, or maintenance and which is owned or leased by the U.S. federal government, State of
Minnesota, Metropolitan Council, Washington County, or City of Scandia for purposes of
carrying out governmental duties, The definition does not include publicly or privately operated
school facilities.
Grocery store: A retail establishment which offers for sale food products, household items and
other goods associated with the same.
Home Occupation: A use of a residential or agricultural property for gainful employment which
a) is clearly incidental and subordinate to the use of the property as residential or agricultural; b)
is carried on solely within the main dwelling or accessory buildings and does not alter or change
the exterior character or appearance of the property; and c) is created and operated by the
occupant of the dwelling.
Meat Processing: The processing of a product usable as human or animal food and made wholly
or in part from meat or a portion of the carcass of animals.
Motor Vehicle, Recreational Vehicle or Boat Sales: Any place where motor vehicles,
recreational vehicles, or boats and boat trailers or other marine related products, are sold to the
general public. Business activities accessory to this use include motor vehicle repair, car wash,
fuel dispensing, and the rental of vehicles.
Outdoor temporary seasonal sales: A temporary outdoor display anclior sale of the following:
Christmas trees, nursery products, and horticultural products (fruits, vegetables, flowers, shrubs,
and the like).
Plant Nursery: A building or premises used for the retail sale of trees, shrubs, flowers or other
plants. The use may include the sale of accessory products, including products that are used in
the culture, display and decoration of lawn, garden, farm and indoor plants; but does not include
the sale of power tools, tractors and other vehicles, decorative rock, stone, gravel,retaining walls
and similar materials, except as an incidental use.
Recreation,Indoor Commercial: A privately-owned business directed toward the general public
that offers recreational entertainment within buildings, such as bowling alleys, billiard halls, and
roller skating, operated with the intention of earning a profit..
Recreation, Outdoor Commercial: A business privately-owned business directed toward the
general public that offers non-motorized recreational activities in outdoor areas, such as
waterslides, golf, miniature golf, driving ranges, and skiing and operated with the intention of
earning a profit. Campgrounds or overnight camping shall not be considered a Recreation,
Outdoor Commercial use.
Residence, Assisted-living: 'lousing establishment with services that is registered with the State
of Minnesota and provides sleeping accommodations to more than 12 adult residents, at least 80
percent of which are 55 years of age or older, and at a minimum provides or makes available
health-related services under a class A or class F home care license issued by the State of
Minnesota, whether offered or provided directly by the establishment or another entity.
Residential Facility, State-Licensed: Any facility, public or private, which for gain or otherwise
regularly provides one or more persons with a 24-hour per day substitute for care, food, lodging,
training, education, supervision, habitation, rehabilitation, and treatment they need, hut which for
any reason cannot be furnished in the person's own home. Residential facilities include, but are
not limited to, state institutions under the control of the commissioner of public welfare, foster
homes, residential treatment centers, maternity shelters, group homes, residential programs, or
schools for handicapped children.
Sports and Fitness Clubs: a place which houses exercise or sports equipment and sponsors sports
and physical exercise activities.
Studio: An indoor space that has been built or equipped to accommodate learning, practicing or
the performance of activities such as arts, dance, health and fitness, decorating, music,
photography and similar uses.
Temporary Outdoor Sales: Any sales conducted outside a building or structure for a limited
period of time. Such sale may include tent sales, sidewalk sales, produce stands and similar
outdoor sales.
Theatre: A building for the presentation of films or the performing arts. Theatre facilities
regulated under Ordinance 88, regulating Adult-Oriented Uses, are excluded from this definition,
Transient Merchant: Any person, individual, co-partnership, incorporation, both as principal and
agent, who is engaged in, does, or transacts any temporary and transient business selling goods,
wares, and merchandise; and, who for the purpose of carrying on such business, has complied
with the administrative permit requirements of this Chapter, and hires, leases, occupies, or uses a
site, parking lot, vacant lot, motor vehicle, or trailer in a zoning district where it is allowed by
this Chapter.
Transient Produce Merchant: Any person who engages in or transacts in a temporary and
transient business within the city, selling the products of the farm or garden occupied and
cultivated by that person; and, who for the purposes of carrying on such business, hires, leases,
occupies, or uses, a site, parking lot, vacant lot, motor vehicle, or trailer on a site other than the
property on which the produce is grown and cultivated in a zoning district where it is allowed by
this Chapter.
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To: Mayor and Council
Planning Commission
From: Anne Hurlburt,City Administrator
Date: April 21,2010 for Discussion at May 4,2010 Meeting
Re: Home Occupations Regulations
The current Development Code(see attached excerpt) allows home occupations by Certificate of
Compliance(CC) in the Agricultural(AP,AG)and Residential (SR, SFE)districts, subject to
performance standards listed in Chapter 2, Section 10.13.
The draft Code would allow home occupations as an Accessory use in all districts except IP
(Industrial Park.) No(zoning)permit would be required to operate a home-based business. An
enforcement action could be brought against the operator of any home business that violates the
standards and/or becomes a nuisance to its neighbors.
Some communities require Conditional Use Permits(CUP)or some sort of Administrative Permit
(AP)or license for home-based businesses. Very few existing Scandia home-based businesses have
applied for or received any type of zoning approval,even though the current code requires a CC.
There are few, if any,recent complaints about home-based businesses that comply with the existing
performance standards. A CUP or AP requirement for compliant home businesses would only
increase bureaucracy and cost for the owner and the city, so is not recommended at this time.
However,it may be advisable to add a zoning permitting procedure for some or all home occupations
if there is a significant change in the standards. If, for example,the city would decide to allow retail
businesses that would generate more traffic than a typical single family residence(8 to 10 average
daily trips),or allow for employees who do not live in the home, some conditions may be necessary to
prevent them from becoming a nuisance to neighbors and to ensure they fit with the desired
community character.
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Some edits to the existing performance standards will be needed to work with the new zoning districts
and to reflect elimination of the Certificate of Compliance(CC.) A redlined version of the existing
code language is attached.
A more complex regulatory approach could be considered; however, spending a significant amount of
time studying this issue is probably beyond the scope of"phase 1"of the Development Code update.
Staff is not aware of any citizen requests to expand or amend the regulations. I recommend that if the
Council and Commission wish to make significant changes to how Scandia regulates home
occupations, that the issue be studied again later after the major update to implement the
Comprehensive Plan has been completed.
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Home Occupations—Existing Code Language
Definition:
Home Occupation: A use of a residential or agricultural property for gainful employment which a) is clearly
incidental and subordinate to the use of the property as residential or agricultural; b) is carried on solely within
the main dwelling or accessory buildings and does not alter or change the exterior character or appearances of
the property; and c) is created and operated by the occupant of the dwelling.
Performance Standards:
10.13. Home Occupations
(1) Required Peunits. Home occupations are allowed in the Agricultural(AP,AG)and Residential
(SR, SFE) districts. Home occupations must meet the performance standards for home occupations and
are required to obtain a certificate of compliance.
(2) Other Requirements. The home occupation must comply with all rules and regulations of
Federal, State, County, Town and local agencies. Any required State or County license shall be
obtained prior to authorization of the certificate of compliance. In the event the license cannot be
obtained without zoning approval, the applicant shall provide documentation that the license has been
applied for and provide the name of the licensing agency contact person.
(3) Performance Standards. A home occupation must comply with all of the following standards:
(A) No person, other than the residents of the premises, shall be engaged in such home
occupation.
(B) No traffic shall be generated by any home occupation in greater volume than would
normally be expected from a single-family residence.
(C) Any sign associated with the home occupation shall be in compliance with Chapter
Two,Section 9.13 of this Development Code. (reference to Sign regulations)
(D) The home occupation shall not generate hazardous waste unless a plan for off-site
disposal of the waste is approved.
(E) A home occupation at a dwelling with an on-site sewage treatment system shall only
generate normal domestic household waste unless a plan for off-site disposal of the waste is
approved.
(F) The home occupation shall not constitute, create or increase a nuisance to the criteria
and standards established in Chapter Two, Section 9.3 and 9.4.(reference to Environmental
Regulations, Exterior Storage)
(G) There shall be no outdoor display or storage of goods, equipment or materials for the
home occupation.
(H) Parking needs generated by the home occupation shall be provided on-site.
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Home Occupations-Draft Code Language(Redlined)
Definition:
Home Occupation: A use of a residential or agricultural property for gainful employment which a)-is clearly
incidental and subordinate to the use of the property as residential or agricultural and in compliance with all
performance standards of the Scandia Development Code_; earied on so rthe nz n g r
ancesf fit p �pey-a � rs
crca{-ed
Performance Standards:
10.13. Home Occupations
(I) 1 e ' 't-&-Home occupations are an allowed accessoryuse to a single tanuly residence
in the Agriculture Core (AG C),Agriculture
Preserves (AP), General Rural (GIq_Village '\e iborhood jV\), Village Mixed Use A (Mt A),
Village Mixed Use B (VMU B) and Rural Cormnercial(RCOMVII districts. H
n ,T the pert- r • e � s--h home oee -and-are required to- in-a certificate of
(2) 01-her tats.-The home occupation must comply with all rules and regulations of
Federal, State, County, Town and local agencies.-required State-of-County- license shall-be
Wined prim-a-authorization cif the- r ate of compliance. In the event the license t-he
� m4al, the-a documentation that the licen .-been
applied for and p i e-+hE-na , g gency contact person.
(3) Performance Standards.A home occupation must comply with all of the following standards:
(A) No person, other than the residents of the premises, shall be engaged in such home
occupation.
(B) No traffic shall be generated by any home occupation in greater volume than would
normally be expected from a single-family residence.
(C) Any sign associated with the home occupation shall he in compliance with all
regulations for signs as provided by this Chapter.Chaptcr-" -of-t s
Development Code.
(D) The home occupation shall not generate hazardous waste unless a plan for off site
disposal-of .
(E) A home occupation at a dwelling with an on-site sewage treatment system shall only
generate normal domestic household waste-nnlesss a plan for off site disposal of the waste-s
approved.
(F) The home occupation shall not consti
.4include the use or storage of
hazardous materials or explosives, create radiation or electrical interference create any
nuisance as defined by this Chapter, or include exterior storage other than what is allowed for a
silefamily residence.
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......._..-..-_
(G) There shall be no outdoor display or storage of goods, equipment or materials for the
home occupation.
(H) Parking needs generated by the home occupation shall be provided on-site.
U) The home occupation shall be carried out within the main dwelling or accessory
buildings and shall not alter or change the exterior character or appearance of the property.
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s ,k
To: Mayor and Council
Planning Commission
From: Anne Hurlburt,City Administrator
Date: April 26, 2010 for Discussion at May 4,2010 Meeting
Re: Animal-Related Uses,Development Code Update
There are several types of animal-related uses in the current and draft Development Code that need further
discussion by the Council and Planning Commission: horse training facilities(private and commercial)
kennels(private and commercial),livestock and livestock operations(including feedlots), setbacks for farm
animal-related accessory buildings and uses,and the general keeping of animals as an accessory use. Excerpts
of the existing code are attached for reference.
Livestock operations and keeping animals of many types seem to be part of Scandia's"rural character." Some
regulations are necessary to prevent nuisances and health and safety hazards. However,the current code
language can be confusing and has at times been difficult to enforce, so updates are needed. At the same time,
we should keep in mind that significant changes in the regulations could raise major concerns in the
community.
This memo will highlight issues with the various animal-related uses and provide some discussion questions
that would help staff and consultants draft improved code language.
Horse Training Facilities
The current code regulates horse training facilities as follows:
Employee Quarters
Permit Allowed?
Private, 10 or fewer horses None No
Private,more than 10 horses CC No
Commercial, 10 or fewer horses CC Yes
Commercial,more than 10 horses CUP Yes
Commercial facilities are defined as an accessory building in which horses not owned by the property owner
are kept for commercial use including boarding,breeding,hire, sale, show,and training. Private facilities are
where horses owned by the property owner are kept for private use and training.
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All must be accessory to residential or farm dwellings. All are subject to other sections of the code(accessory
building size, setbacks, animal density provisions in the Livestock section, sanitation,building code etc.)
which do not need to be repeated in this section. Unique performance standards for horse training facilities
include a separate sanitary sewer service for wash stalls, employee living quarters or public service areas of
commercial facilities and a manure management plan which"may"be required. There is also some language
(Section 10.14 (6) (c)) about horse shows that covers some of the same issues as the city's recently-adopted
special (outdoor) events ordinance.
Discussion issues:
• Should any permits be required for private horse training facilities, if all other code requirements are
met? (Currently require a CC.)
• Should horse training facilities be allowed outside of the AG and GR Districts? Is 10 or more horses
the right threshold for requiring a CUP??
• Must all horse training facilities be accessory to a residence,or could there be a free-standing facility?
• Should separate employee living quarters in a commercial horse training facility be allowed?
Kennels
A kennel is currently defined as any place that more than 4 of any type of domestic pet over 6 months of age
are kept. The current code recognizes two types of kennels: commercial (current standards include 10-acre
minimum lot size& setbacks) and private. Both types currently require a CUP, which is recommended to
change to an lUP (so that the permits will expire) in the draft code.
Discussion issues:
• Is the number-of-animals threshold (4 of any type pet)the right one?
• Is it practical or desirable to include all types of pets(such as birds or rabbits)in the kennel definition,
as it is currently written? Or should it be limited to dogs and/or cats only?
• Does the 10-acre minimum lot size for all commercial kennels work?
• Should commercial kennels be allowed in commercial zones? (Draft ordinance would allow by IUP.)
Or, should they be allowed only as an accessory use to a veterinary clinic(which would require a CUP
in VMU A, VMU B and RCOMM.)
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Livestock/Livestock Operations
Staff has observed that the current regulations on livestock (domestic farm animals) are probably one of the
most easily misunderstood, and most often violated, sections of the existing Development Code. Enforcement
actions may take a significant amount of staff effort and expense. Some provisions have not been consistently
enforced. Solutions to enforcement problems have employed creative ideas not consistent with the ordinance
(such as sharing or leasing grazable land not controlled by the animal owner.)
Discussion issues:
• The current standards require 5 acres to keep any livestock? Should there he any exceptions for
smaller lots, or for some types of animals, such as "backyard chickens"(which are allowed in many
urban communities on small lots.) Attached is a memo prepared by TKDA planners for another client
(Stillwater Township) about this topic.
• One of the most difficult issues to explain and enforce is the requirement for a minimum amount of
"grazable" land. "Grazable acres"is defined as"open, non-wetland, non-woodland acreage currently
providing enough pasture or other agricultural crops capable of supporting summer grazing at the
density required in the ordinance." Property owners focus on the minimum acreage(5 acres with 2
acres grazable per animal unit) and ignore the"grazable"requirement. They often want to count area
occupied by buildings, woods and other areas not accessible to or usable by animals. Determining
how much land is grazable can require use of air photos and land cover data, and turn into a debate
with the owner. Owners(sometimes with implied consent by the town/city) have wanted to count
land owned by their neighbors, even though their animals may not have access.
The original purpose for requiring"grazable" land may have been to assure sufficient food for the
animals. It may also help avoid damage to wetlands and other sensitive resources, and help avoid the
creation of feedlot conditions, where grass does not grow and run-off can create a pollution problem.
However,there is a question whether the need for"grazable" land is valid, as there are many types of
animals included in the definition that do not graze, or are supplied with feed year-round even though
they are grazing animals. There are other regulations in place(such as the city's shoreland
regulations, state feedlot regulations, and watershed district erosion control rules) that deal with
pollution concerns.
Should the requirement for grazable acres be continued? Or is an animal density requirement based
on total land area sufficient to prevent overpopulation of animals?
• Standards that apply specifically to feedlots are difficult to identify as currently written. A feedlot is
defined as any:
"lot or building or combination of lots and buildings intended for the confined feeding,
breeding,raising,or holding of animals and specifically designed as a confinement area in
which manure may accumulate,or where the concentration of animals is such that a vegetative
cover cannot be maintained within the enclosure."
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Feedlot standards should be coordinated with and reference the MPCA(Minnesota Pollution Control
Agency) rules, which cover all sizes of feedlots, no matter how many animals are present, and require
registration of feedlots of over 50 animal units,or 10 animal units in a shoreland district. In the draft
code, "feedlot" is recommended to be a separately listed use, allowed by CUP in the AG C, AP and
GR Districts only, regardless of size.
Should small feedlots (i.e. less than 10 animal units) also require a CUP? One option would be to
require a CUP only for feedlots required to be registered with the MPCA.
Should any feedlots be allowed in the other zoning districts? It is possible to have a "feedlot"with
only one animal unit, if the animal(s) are kept in conditions where vegetative cover cannot be
maintained. If so, what type of permit(if any) should be required?
Farm Animal Accessory Structures and Setbacks
The following setbacks currently apply to domestic farm animal structures, feed lots and manure storage sites:
Horizontal
Natural/Man-Made Features Setbacks
Any property line 100 feet
Any existing well or residential structure on the same parcel 50 feet
Any existing well or residential structure on adjacent or nearby 200 feet
parcel
Any body of seasonal or year-round surface water 200 feet
Any area of seasonally high ground water level or mottled soil 100 feet
closer than 4 feet to the surface(Section 9.2 (3) (F) 2)
Accessory structures, feedlots or manure storage may not be place on slopes that exceed 13%, nor may those
uses or a grazing area be located in a marsh or wetland.
Because these standards are located in a different section of the code,they are not frequently read or applied
with the livestock standards as they should. Violations appear to be common; for example, staff knows of
more than one instance in which a chicken coop was placed closer than 100 feet from the property line, in
violation of the code. Property owners are unlikely to have setback information for their neighbors' buildings
or wells, or soil borings needed to determine some of the setback requirements. Since a building or other type
of permit is often not obtained, there may not be an enforcement mechanism until and unless there is a
complaint.
Discussion issues:
• Should all of these setback requirements be retained in the updated code?
• The current code states that building permits are required for accessory structures, except for
agricultural buildings which require a Certificate of Compliance. Should the permit requirement
(possibly an Administrative Permit, which is replacing the Certificate of Compliance) be continued for
agricultural buildings? What type of permit should be required for an accessory structure housing
farm animals?
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Keeping of Animals (Accessory)
The keeping of animals, including ordinary household pets (that are not otherwise included in the definition of
a kennel or horse training facility, or covered by the section on livestockflivestock operations,) is suggested as
an allowable accessory use in all zoning districts. Other than the Development Code, the City has no other
ordinances governing animals, except for Ordinance#75 which regulates dogs only(running-at-large,rabies
vaccination, dangerous dogs, etc.)
The only provision in the existing code regarding keeping of wild or exotic animals is the definition, which
says they"are not allowed." However,there is at least one location in Scandia where wild and exotic animals
are currently kept. The owner has asked about opening his facility to the public,which raises many safety and
environmental concerns.
Updates to the definitions of the various categories of animals are recommended. The current definition of
"domestic pets", for example, does not include many animals commonly kept as pets. The definition of"wild
or exotic" animals is very limited (bears, lions, wolves, ocelots and "similar" animals) and should be
expanded to be more inclusive.
Discussion issues:
• The proposed definitions (see Attachment A) should be reviewed. Should more animals be listed as
domestic pets (ferrets, or miniature pot-bellied pigs, for example?)
• Should Scandia allow the keeping of any wild and exotic animals? If so, what type of permitting
process should be required and what standards should be applied?
Attachments:
A. Animal Definitions,existing and proposed
B. Development Code Excerpt,Animal-Related Performance Standards
C. TKDA Memo re: Keeping of Livestock(Chickens)to Stillwater Township,March 25,2010
D. Feedlot Program Overview,Minnesota Pollution Control Agency
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E. Attachment A—Animal Definitions
Existing Development Code:
Animals,Domestic Farm: Cattle, hogs,horses,bees,sheep,goats,chickens and other animals commonly kept for
commercial food producing purposes.
Animals, Domestic Pets: Dogs,cats, birds and similar animals commonly kept in a residence.
Animals,Wild or Exotic: Bears, lions, wolves,ocelots and similar animals shall not be considered domestic pets
and are not allowed.
Proposed/Draft:
Animals,Domestic Farm: Cattle,hogs,bees, sheep,goats, llamas,chickens,turkeys, 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.
Animals,Domestic Pets: House pets such as dogs,cats,and birds(except those defined as farm animals or wild
animals)that can be contained within a principal structure throughout the entire year,provided that containment
can be accomplished without special modification to the structure requiring a building permit from the City.
Includes rabbits normally sheltered outside the home.
Animals,Wild or Exotic: Any animal that is wild, ferocious,or vicious by nature,habit,disposition or character.
Animals in this category include any ape(including chimpanzee,gibbon,gorilla,orangutan,or siamang),baboon,
bear, bison,bobcat,cheetah,crocodile,coyote,deer(including members of the deer family such as elk,antelope
and moose),elephant,ferret, fox,hippopotamus,hyena,jaguar, leopard, lion, lynx, monkey,puma,also known as
cougar,mountain lion or panther,rhinoceros,a snake which is poisonous,or any constrictor snake,snow leopard,
tiger,wolf,or hybrid mix of any of the wild animals such as wolf/dog mixes.
6
e
Chapter Two Zoning Regulations (Revised 9/27/06) Effective 6/1/99
(D) No lan 11 be subdivided ave a larger
structure and/or e total number of structures as
pe • is Developm ode.
Accessory structures used to house E) Domestic Farm Animals. Accessory structures used to
domestic farm animals are subject shelter domestic farm animals must meet the following
to additional regulations requirements:
(F) All domestic farm animal structures, feedlots and manure
storage sites shall be setback as follows:
Natural/Man-Made Features Horizontal
Setbacks
(a) any property line 100 feet
(b) Any existing well or residential structure on the
50 feet
same parcel
(c) Any existing well or residential structure on
200 feet
adjacent or nearby
(d) Any body of seasonal or year-round surface
200 feet
water
1. Said structure, feedlot or manure storage shall not
be placed on slopes which exceed thirteen (13)
percent.
2. Evidence of seasonally high ground water level or
mottled soil (as established by six (6) foot borings)
shall not be closer than four(4) feet to the natural
surface ground grade in any area within one
hundred(100) feet of the proposed structure and/or
feedlot.
3. No marsh or wetland (as established by the
predominant wetland vegetation and/or soils) shall
be utilized for placement of the proposed structure,
feedlot or grazing area.
(4 Retail and General Business Districts. The following ad • nal
.:ndards shall apply in these districts:
(A) • - accessory structure is allowed t a parcel provided it
is uses or storage related to t•- principal use of the
property. . eparate b ess is allowed in the
accessory struct• •
(B) The acces t structure . t be placed to the rear of the
princi• building and confo ith applicable setback
re..irements and lot coverage starts: ds.
(5) •,o accessory building shall exceed 35 feet in hei
2.9-6 New Scandia Township Development Code
Chapter Two Zoning Regulations (Revised 9/27(06)Effective 6/1/99
(B) No traffic shall be generated by any home occupation
greater volume than would normally be expected fro , a
single-family residence.
(C) Any sign associated with the home occupatie shall be in
kompliance with Chapter Two, Section 9. / of this
D- elopment Code.
(D) The h• e occupation shall not g- erate hazardous waste
unless a . an for off-site dispo of the waste is
approved.
(E) A home occupa 'on at . :welling with an on-site sewage
treatment system .a only generate normal domestic
household waste , s a plan for off-site disposal of the
waste is approv:..
(F) The home o• upation shall .t constitute, create or
increase a uisance to the crite and standards
establis• in Chapter Two, SectI . 9.3 and 9.4.
(G) The shall be no outdoor display or st. .ge of goods,
-• 'ipment or materials for the home occ sation,
(H) 'arking needs generated by the home occupa ..n shall be
provided on-site.
The purpose of this section is to 10.14. Ho e Training Facilities
regulate horse training structures
and their use, (1) Required Permits. Horse training facilities are allowed in the
Agricultural (AG) District. A certificate of compliance shall be
Horse Training Facility,
required for private horse training facilities of more than ten
Commercial: The use of an
horses and commercial horse training facilities of ten or fewer
accessory building in which horses
horses. Commercial horse training facilities of more than ten
not owned by the property owner
horses shall obtain a conditional use permit.
are kept for commercial use
including boarding, breeding, hire,
(2) Other Requirements. A horse training facility must comply
sale, show and training,
with all rules and regulations of Federal, State,County, Town
Horse Training Facility, Private: and local agencies.
The use of an accessory building
incidental to the existing dwelling (3) General Standards. Horse training facilities must comply with
unit in which hot-ses own-e-ribTiThe all of the following standards:
property owner are kept for private
use and training. (A) Horse training facilities shall meet the setback
requirements for detached domesticated farm animal
buildings and agricultural farm buildings as indicated in
Chapter Two, Section 9.2, Accessory Structures, of this
Development Code.
2.10-10 New Scandia Township Development Code
Effective 6/1/99 (Revised January 25, 2007) Chapter Two •:• Zoning Regulations
(B) Horse training facilities equipped with wash stalls shall
be provided with a drainage and septic system separate
from the principal structure.
(C) All horse training facilities must meet the animal density
per acre and livestock operation requirements of Chapter
Two, Section 10.18 of this Development Code.
(D) All accessory buildings must meet the requirements for
size as indicated in Chapter Two, Section 9.2, Accessory
Structures of this Development Code.
(E) A manure management plan may be required by the
zoning administrator or Planning Commission.
(4) Horse training facilities are considered accessory to residential
or farm dwellings.
(5) Private horse training facilities of more than ten horses must
meet the following standard: Private horse training facilities
may not be used for human living quarters, preparing of meals,
or for similar personal living activities.
(6) Commercial horse training facilities must meet all of the
following standards:
(A) One full time employee for the horse training facility may
reside at the property, including the stable. Living
quarters for the employee must meet the standards of the
Uniform Building Code of Minnesota.
(B) Every commercial horse training facility, or portion
thereof, where the public is served shall be provided
sanitary facilities in accordance with the regulations of
the Uniform Building Code of Minnesota and
Washington County Individual Sewage Treatment
System Regulations.
(C) The property owner of land to he used for a horse show
must provide information on traffic volume, number of
participants, sanitary service, and human and animal
waste disposal.
This section establishes provisions 10.15. Kennels-Commercial
for the location of commercial
kennels within the Township.
(1) Commercial kennels shall be permitted with a conditional use
A commercial kennel is any place permit in the Agricultural District (AG) only and excluding that
where four (4) or more of any type part thereof lying within the Shoreland Overlay District.
of domestic pets, over six (6)
months of age, are boarded, bred,
trained or offered for sale. This
term does not include pet shops or
veterinary establishments.
New Scandia Township Development Code 2.10-11
Chapter Two •3 Zoning Regulations (Revised 9/27/06) Effective 6/1/99
(2) Other Requirements. Commercial kennels must comply with
all rules and regulations of Federal, State, County, Town and
local agencies.
(3) Performance Standards. Commercial kennels must comply with
all of the following standards.
(A) The minimum lot area required for commercial kennels is
ten (10) acres.
(B) The confinement, care or breeding of animals shall be
within an enclosed structure and shall be setback a
minimum of one hundred (100) feet from any property
line and fifty (50) feet from any water supply well.
(C) An individual sewage treatment system shall be installed
with the capacity to handle waste and hosings from the
kennel and kennel runs.
10.16. Kennels-Private
(1) Required Permits. A conditional use permit is required by the
Town for a private kennel in all districts. The Town Board
shall take into consideration the kind and number of animals
kept or to be kept on the premises, the facilities being
maintained for the care and keeping of the animals, the effect
of the animals on neighboring properties and the general health
and welfare of the Town.
The purpose of this section is to 10. 7. Light Manufacturing s�
establish standards regulating light '.
manu_facturingfacilities. ( `� Required Permits. A conditional use permit is re•.ired for light
anufacturing facilities in the General Busined:District (GB).
Light manufacturing is a use
engaged in the manufacture, (2) Othe'/"equirements. Light manufacture facilities must
predominantly from previously comply',, ith all rules and regulations;. Federal, State, County
prepared materials, of finished and Local :zencies.
products or parts, including
processing, fabrication, assembly, (3) Manufacturing facilities must
Performance St.�!dards. Li s��
treatment,packaging, incidental
comply with the fs owie standards:
storage, sales and distribution of
such products. (A) Exterior Sto..•ge ermitted as an accessory use to the
permittey ise provie . it it meets the following standards:
1. °I'he exterior storage ea must be located to the rear
of the building. ��E
2. Such uses include, but are n`t limited to, the
following: lumber yard, mach.. e shops, products
assembly, sheet metal shops, pia 'cs, electronics,
/ general vehicle repair, body work a s painting,
2.10-12 New Scandia Township Development Code
Effective 6/1/99 (Revised January 25, 2007) Chapter Two •: Zoning Regulations
contractor shops and storage yards, foo :and non-
alcoholic beverages, signs and displa ,, printing,
clothing, textiles and used auto pa .
The purpose of this section is to
3. 1 he exterior storage area mus.'se fenced and
protect the Township's valuable sc -ened from view of Fed: al, State, County, and
groundwater and surface water Tovv' roadways and all 'operty lines.
resources by establishing minimum
regulations and a permitting
process(or livestock operations. (B) The light manu`��cturing fn` ility may contain a retail sales
p p room provided it Bets:' e following standards:
Animal Unit: A unit of measure
used to compare differences in the 1. Retail sales a/ li ited to those products which are
production of animal manures that produced b the ma r,facturing use.
employs as a standard the amount
of manure produced on a regular 2. Retail a es use shall not cupy more than twenty
basis by a slaughter steer or heifer. (20) rcent of the light ma�,facturing building.
Feedlot: A lot or building or (C) All ov ead doors, and loading and u`loading areas to
combination of lots and buildings the f ility shall be located on the side o ear of the
intended for the confined feeding, bui ing provided these areas are screened om view of
breeding, raising or holding of F deral, State County, and Town highways.
animals and specifically designed
as a confinement area in which (D) Landscaping and screening shall be provided acco ing
manure may accumulate, or where to Chapter Two, Section 9.12 of this Development de.
the concentration of animals is
such that vegetative cover cannot 10.18. Livestock and Livestock Operations
be maintained within the enclosure.
Open lots used for the feeding and (1) Required Permits.
rearing of pouloy shall be
considered to be a feedlot. (A) In all districts, livestock may be raised or bred without a
Livestock Operations: A lot or permit provided there are less than eleven (11) animal
building or combination of lots and units on the property and there are sufficient grazable
buildings intended for the breeding, acres.
raising or holding of eleven (I I) or
more animal units. (B) Any person owning or conducting a livestock operation
containing eleven (1 1) or more animal units in the AP or
Livestock: Domestic farm animals AG districts shall obtain a certificate of compliance.
including but not limited to cattle,
hogs, horses, llamas, bees, sheep, (C) Any person owning or conducting a livestock operation
goats, chickens and other animals with eleven (1 1) or more animals units in the SR and SFE
commonly kept for commercial Districts shall obtain a conditional use permit.
food production purposes and
pleasure. (2) \Other Requirements. Livestock and livestock operations must
comply with all rules and regulations of Federal, State, County,
Pastures: Areas where grass or
Town and local agencies.
other growing plants are used for
grazing and where the
(3) Performance Standards. Livestock and livestock operations
concentration of animals is such must comply with all of the following standards regardless of
that,a vegetation cover is the number of animal units on the property or whether a permit
maintained during the growing
is required:
season.
New Scandia Township Development Code 2.10-13
Chapter Two Zoning Regulations (Revised 9/27/06) Effective 6/1/99
(A) No livestock shall be placed on any site of less than five
(5) acres. For purposes of this section, five (5) acres may
include the road right of way.
(B) Required Setbacks.
1. The following shall be the minimum setback
requirements for feedlots.
(a) County Parks 300 feet
(b) DNR protected water
course or lake 300 feet
(c) Wetlands 75 feet
(d) Private Well 100 feet
(C) The following equivalents shall apply when determining
animal units:
Animal Units
1. one mature dairy cow 1.4
2. one slaughter steer or heifer 1.0
3. one horse 1.0
4. one swine over 55 pounds 0.4
5. one goose or duck 0.02
6. one goat or sheep 0.1
7. one swine under 55 pounds 0.05
8. one turkey 0.018
9. one chicken 0.01
10. one llama 0.5
For animals not listed above, the number of animal units
Legal nonconforming livestock shall be defined as the average weight of the animal divided
operations may expand their by one thousand (1,000) pounds.
operations in volume without
obtaining the required permits, (D) A minimum of two (2) grazable acres shall be provided
provided the number of animal for each animal unit or its equivalent. Grazable acres
units complies with the provisions shall be defined as open, non-wetland, non-treed acreage
of this section. If the livestock currently providing enough pasture or other agricultural
operation expands in terms of land crops capable of supporting summer grazing at the
aired to
density stated above.
area, the operator is required
comply with the provisions of the
Development Code and shall obtain The keeping of livestock in greater density than allowed
a permit as required by the as stated above shall require an interim or conditional use
Development Code. permit. To obtain such permit, the applicant must
demonstrate that facilities are present and appropriate
practices are being employed to preclude surface or
ground water contamination, excessive manure
accumulation, odor, noise and other nuisances.
2.10-14 New Scandia Township Development Code
Effective 6/1/99 (Revised January 25, 2007) Chapter Two •:• Zoning Regulations
(E) The construction of an earthen waste storage basin is
permitted provided a certificate of compliance is issued.
1. The structure shall not be used for the storage of
animal manure for a period in excess of 12 months
or the time period for which it was designed.
2. The design of the structure shall be prepared and
designed by a registered Professional Engineer or
staff from the Washington County Soil and Water
Conservation District qualified in the design of
earthen structures or prepared by other
professionals specializing in the design of such
structures and with the proper training for such
design and signed by a registered Professional
Engineer.
(F) Pastures. Livestock may graze within shoreland and bluff
impact zones provided permanent vegetation is
maintained or a conservation plan has been submitted to
the Zoning Administrator that is consistent with the
technical guides of the Washington County Soil and
Water Conservation District.
This section establishes provisions 10.19. Motor Vehicle Repair
for the location of motor vehicle
repair establishments within the (1) Required Permits. A conditional use peiniit is req ed for
Township in a manner that does not motor vehicle repair establishments in the Gene Business
adversely impact adjacent District(GB).
properties and protects the
environment. (2) ether Requirements. Motor vehicle repa' establishments must
co Bly with all rules and regulations o Federal, State, County,
Motor Vehicle Repair- Major:
General repair, rebuilding or Towand local agencies. j
reconditioning of engines, motor (3) Performa e Standards. Motor vehicle repair establishments
vehicles or trailers; collision must compl with all of the,4ilowing standards.
service including body,frame or
fender straightening or repair, (A) Lots and str ,ture's utilized for motor vehicle repair must
overall painting and upholstering; meet the mini m standards of the zoning district in
vehicle steam cleaning. which the uge is le,..ated.
Motor Vehicle Repair-Minor:
Repairs, incidental body and fender (B) A drai age system for ',llection of any hazardous
work, replacement of parts and ma.eS'ial run-off must be i- tailed. Such system shall be
motor services to passenger subject to approval by the zo ing administrator.
automobiles and trucks not
exceeding 12,000 pounds gross (C) The entire site, other than that de oted to structures and
weight, but not to include any landscaped areas, shall be an impe •ous surface and
operation specified under "Motor maintained for control of dust, erosioi and drainage.
Vehicle Repair- Major."
(D) Location and number of access driveways hall be
approved by the county engineer if such esta lishment is
New Scandia Township Development Code 2.10-15
f
'���-
Ott" a ti Livestock and the Environment
Feedlot Program Overview
Minnesota
Pollution
Control Water Quality/Feedlots#1 01 • Updated March 2009
Agency
n Minnesota there are more than 30,000 1 ,a�z �
I
registered feedlots,ranging in size from ��� ` f 4,
§ ti. ,�i z ti15�Y
small farms to large-scale commercial w a,4 , t
livestock operations. Agriculture including , .,
Contents livestock comprises a major portion of the ,
Feedlot Rule..... ..,, 2
state's economy.Many organizations and \ ,.)
County Program 2 programs work with livestock producers to
Permits 2 ensure that we continue to have a healthy ' "
Environmental review 3 livestock industy and a healthy natural `,
Air Quality........... 3 environment. ,�
����
The Minnesota Pollution Control Agency
(MPCA)regulates the collection, , . '4. , ;°
transportation, storage,processing and
disposal of animal manure and other
livestock operation wastes. The MPCA t- ,.. 4 'Y' ;_
Feedlot Program implements rules
governing these activities, and provides
assistance to counties and the livestock
industry. The feedlot rules apply to most
u
aspects of livestock waste management
including the location, design, • Ensuring that nutrient-rich manure is
construction, operation and management of applied to cropland at a rate, time and
feedlots and manure handling facilities. method that prevents nutrients and
other possible contaminants from
The MPCA feedlot staff of engineers, entering streams, lakes and ground
hydrologists, soil scientists and pollution water.
control specialists are located in St. Paul
and six regional offices: Brainerd, Detroit The MPCA works with farmers to make
Lakes, Mankato, Marshall,Rochester,and sure their feedlots are environmentally
Willmar. They work in the areas of land safe. It provides technical assistance to
application of manure,permitting.data farmers, and conducts inspections at
management, technical assistance, and feedlots to be certain they comply with
compliance with feedlot rules. environmental requirements. Some of those
requirements for feedlots include:
Protect Water• Construction specifications that ensure
There are two primary concerns about the feedlot will properly contain the
feedlots in protecting water in our manure;
agricultural areas:
• Ensuring that manure on a feedlot or
manure storage area does not run into
water;
wq-f1-01 Minnesota Pollution Control Agency • 520 Lafayette Rd. N., St. Paul, MN 55155-4194 • www.pca.state.mn.us
651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats
• Manure management plans for many medium and
large-sized feedlots;
• Requirements for the amount and placement of121,,„,,!..,,,,,,„,i,f,„4.7
nutrients spread on fields. tttA#M4, ','t
Feedlot Rule Revised in 2000 t11i 4 "'',� �`
In October 2000 a major revision of the feedlot rule(Minn.
R. ch. 7020)went into effect. The main goals for the t�� kttlig�� `ti "`
Mar+aur , y
feedlot rule are: 1, , t F
■ Register all feedlots capable of holding 50 or more * y "t r
animal units(10 in shoreland areas). . -
• Focus on animal feedlots and manure storage areas ,` �
that have the greatest potential for environmental
impact; ***:,:.:,4i'i,4si -,, • rE;,;';''
-A
•
,,,,,,,,,,,,,,J,,,,,,,,„;., b I-',%,'''
■ Expand the role of delegated counties in the feedlot
program;
• Increase agency and delegated-county staff field t. '. t •t .
presence. in- � . �.
The feedlot rule does not specifically regulate pasture •
operations;however,they still must abide by Minnesota ' s m .. rAztl,
Rules chapter 7050 prohibiting pollution of state waters. • •u et t �A '.
v, , , , a
«; «Data Nettle $* el ems fat f ie
Delegated County Program
Green shaded counties are In the MPCA Cooney Feedlot Program as of March 2009
In 55 counties the feedlot program is conducted through a
cooperative arrangement between the MPCA and county 1,100 feedlots currently operating with NPDES permits,
government. County feedlot programs have responsibility about 1,060 have general permits and about 40 have
for implementing state feedlot regulations for facilities individual permits.A general permit is a single document
with fewer than 1,000 animal units (AU), or those that do that can apply to all livestock facilities whose operations
not require federal permits. These responsibilities include: are similar. The MPCA or delegated counties also issue
registration,permitting, inspections,education and permits for feedlot construction, and interim permits
assistance, and complaint follow-up. allowing feedlots with pollution problems to operate in a
two-year period during which the problems are corrected.
Delegated counties receive state grants to help fund their
programs. Funds are awarded based on the number of Nutrient and Manure Management
feedlots in the county with more than 50 AU (10 in Livestock manure is a valuable resource if managed
shoreland)and the level of inspections completed. In properly. It has been estimated that the amount of manure
recent years annual grants statewide have totaled more generated by livestock in Minnesota
than $2 million. would be equivalent to that of a human
i' 1 s o ulation of about 50 million. Land
Feedlot Permits q¢ 4 p p
_:� �- application removes livestock manure
The revised feedlot rule eliminated ' v
from feedlots and provides fertilizer for
the need for most smaller-sized -- _ " -_� � ffi crops. There are many ways to ensure that
feedlots to have permits.Most large 71 A land-applied manure does not run off into
feedlots operate with state and
p , '- T � waters, and is not over applied beyond
federal permits. The National . crop nutrient needs. Manure management
T '
Pollutant Discharge Elimination _ plans are required when producers need
System(NPDES)permit and the n
to apply for a feedlot permit,or when a
State Disposal System(SDS)permit �l_ facility has 300 or more AU and does not
require specific conditions to comply • F use a licensed commercial applicator.
with state law and the federal Clean i a`. Manure management plans help ensure
Water Act. Of the approximately that application rates do not exceed crop
Livestock and the Environment • wq-f1-01 • Updated March 2009 Minnesota Pollution
page 2 Control Agency
nutrient needs, and that setbacks from waters and drain The MPCA provides training opportunities and
tile intakes are observed. assistance to counties and livestock producers. County
feedlot officers receive inspection and permitting
Environmental Assessments at Large training, covering all aspects of the program. MPCA
Feedlots technical staff conduct workshops and presentations for
An environmental assessment looks at how a proposed county staff and producer groups.
feedlot project will affect the air, water and land, and at
ways to mitigate any problems so that the project can go Feedlot Program Statistics
forward and be environmentally safe. Environmental • More than 30,000 registered feedlots.
Assessment Worksheets (EAWs) are mandatory for • Approximately 1,100 large, federally-permitted
proposed feedlots over 1,000 AU, or over 500 AU in a feedlots.
sensitive area. More information is available on the • 55 counties delegated to administer the program not
Environmental Quality Board Web site: including large feedlots with federal permits.
www.egb.statc.mn.us/. • More than 6,000 feedlot inspections 2002-08.
Pasture For More Information
Pastures are a common type of livestock operation. For more information about the Feedlot Program contact
Typical examples include beef grazing and cow/calf Kim Brynildson at (651) 757-2250, Wayne Anderson at
operations. Distinguishing pastures from other types of (651) 757-2195, Courtney Ahlers, 651-757-2183, or
livestock operations is not always easy. Some operations Forrest Peterson at(320) 441-6972. More information is
include both pasture and feedlot components. Pastures also available on the MPCA Web site at
arc exempt from feedlot rules, but not exempt from www.pca.statc.mn.us/hovfecdlots.html.
Minnesota's water quality rules (Minn. R. ch. 7050 and
7060). Other Information Sources
A pasture developing feedlot conditions, such as manure Producer organizations also provide environmental
accumulation and lack of vegetative cover within the management information to their members. Many dairies
immediate vicinity of supplemental feeding or watering have qualified for the Environmental Quality Assurance
devices, working areas, and access lanes (including designation through the Minnesota Milk Producers
winter feeding areas), will not be considered a feedlot Association. The following Web sites are good
and is exempt from feedlot rules. Seasonal or crop information sources for feedlots and manure
residue grazing also is exempt, provided that feedlot management:
•
conditions are not allowed to develop. Manure and Odor Education Research— University
of Minnesota Extension: www.manure.umn.edu/
Air Quality • Minnesota Department of Agriculture
www.mda.state.mn.usianimals/delault.htm
As some livestock operations have grown larger and • National Agriculture Compliance Assistance Center
more people are choosing to live near livestock fatius,
www.epa.goviagriculture/
odor (particularly hydrogen sulfide) has become an
issue. There are regulations for hydrogen sulfide and
ammonia, which can be toxic at high levels. The MPCA
does not regulate odor in general; however some local
units of government may have restrictions related to
odor.
The MPCA does regulate hydrogen sulfide emissions
and requires the following:
• Requiring odor management plans to he included in
the permits of large feedlots.
• Monitoring hydrogen sulfide emissions at feedlots
where there have been odor complaints.
Training and Technical Assistance
Livestock and the Environment • wq-f1-01 • Updated March 2009 Minnesota Pollution
Control A cy
page 3
444 Cedar Street,Suite 1500
Saint Paul,MN 55101
ENGINEERING*ARCHITECTURE•PLANNING;,
The right time.The right people.The right company (651)292-4400
(651)292-0083 Fax
www.tkda.corn
MEMO.' a NDUM
To: Planning Commission Reference: Ordinance updates: Keeping of
Stillwater Township Livestock (Chickens)
Copies To: Kathy Schmoeckel, Town Clerk
Town Board Proj. No.: 14560.000
From: Berry Farrington Routing:
Date: March 25, 2010
BACKGROUND
At its February meeting, the Planning Commission decided to look further into options to amend the zoning
ordinance to allow for small flocks of chickens on lots smaller than 5 acres. The zoning ordinance currently
allows for livestock, including chickens, on lots 5 acres and greater in size.
The Planning Commission should discuss if it would like to make a recommendation to change the minimum
lot size for keeping of chickens, and should discuss potential performance standards for keeping of chickens
on smaller lots.
ANALYSIS
One of the perfoiiitance standards regulating livestock is a maximum number of animal units based on
available grazable acres. Standardized animal units are a comparison of animal waste output of any given
animal and a that of a steer or heifer cow. One chicken equals .01 animal unit, substantially less than all other
animals listed in the ordinance. Therefore, it is appropriate to consider amending the ordinance in reference
to chickens, but not necessarily other types of livestock. In addition, there has been local interest expressed
in keeping small flocks of chickens, but not other types of livestock.
A Zoning Ordinance amendment could include reducing the minimum lot size from 5 acres to a smaller lot
size for chickens, and could also include perfoiiiiance standards specific to chickens.
Lot Size
The City of Stillwater allows for livestock, including chickens, on properties 3 acres or greater. The City's
ordinance does not include other livestock-specific or fowl-specific performance standards. Stillwater
Township's smaller parcels are generally in the Transition Zone, eventually to be annexed into the City. If
the Town seeks to lower the minimum lot size for chickens, the Planner recommends 3 acres for consistency
with the City of Stillwater's requirements.
Performance Standards
A number of communities in the area have updated their ordinances relevant to chickens. Sample ordinance
language from the City of Bayport and the City of Burnsville is provided at the end of this memo. These
cities recently updated their ordinances to allow for chickens.
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
Chickens Page 2 March 25, 2010
Stillwater Township
Elements of these and other ordinances include:
• Maximum number of chickens.
• Allowance of hens but not roosters.
• Chicken coop and chicken run standards, such as minimum coop area per bird.
• Neighbor consent. Legally, this may be a questionable practice.
• Chickens are not allowed to he kept in the dwelling unit.
• Location standards, such as setbacks.
Permitting
Many communities that allow for "urban" chickens use some kind of permit to allow small flocks of
chickens. A permit allows the Township to confirm that performance standards are being met. In addition,
using a permit will maintain that the Township's ordinance, with a lesser minimum lot size, is still more
strict than the County's ordinance. At this time, the County has the same 5 acre minimum lot size as the
Township. If the Township decides to lower the minimum lot size for small flocks of chickens, The Planner
recommends that the Township consider using a Certificate of Compliance as the permitting mechanism.
OTHER ORDINANCES
City of Stillwater
Sec. 31-514. Miscellaneous Residential and Non-Residential Performance Standards.
Subdivision. 1. Farm animals. In all districts any lot upon which farm animals are kept must be at least three acres in
size. Farm animals are defined as: horses, cows, sheep, bees, pigs, chickens, ducks, rabbits and other commonly
known domestic farm animals.
City of Bayport
729.03. Permit requirements.
(1) Livestock and domestic farm animals. The keeping of domestic farm animals in greater density than
allowed by section 729.01 shall require a conditional use permit. To obtain such permit, the applicant must
demonstrate that facilities are present and appropriate practices are being employed to preclude surface or
ground water contamination, excessive manure accumulation, odor, noise or other nuisances. The applicant
must have a Minnesota Pollution Control Agency feedlot permit for the proposed use.
(2) Small bird and fowl. The keeping of small birds or fowl on any site shall require a permit. The duration
of the permit is January 1--December 31 of each year. The annual fee for such permit shall he $25.00 for up
to two birds/fowl, which must be paid at the time of application. The city zoning administrator may grant a
permit pursuant to this section and the following conditions:
(a) The applicant shall make written application and agree to adhere to all conditions under which the
permit was granted (failure to adhere will result in refusal/revocation)
(b) The applicant adheres to a minimum of one inspection of the premises on an annual basis (failure to
adhere will result in refusal/revocation)
Chickens Page 3 March 25, 2010
Stillwater Township
(c) The applicant has received written consent of at least 80 percent of all persons having ownership in a
property that adjoins to the property for which the permit is sought and can consistently provide this written
consent as often as the city deems necessary.
(d) At no time shall there be more than any combination of four birds or fowl on any single or two-family
property (no birds or fowl are allowed on any property that contains three or more dwelling units).
(e) The conditions under which the bird or fowl will be kept and cared for does not constitute a nuisance or
health/safety concern.
(f) The bird or fowl will at no time be contained within a dwelling unit.
(g) The applicant must demonstrate that facilities are present and appropriate practices are being employed
to preclude surface or ground water contamination, excessive fecal accumulation, odor, noise or other
nuisances.
The city's zoning administrator or animal control officer may refuse or revoke any permit at any time for
unsanitary or unfit conditions.
City of Burnsville
Licenses for keeping chickens are required.
6-2-31: CHICKENS WITHIN CITY LIMITS:
(A) Confinement: Every person who owns, controls, keeps, maintains or harbors hen chickens must keep them
confined on the premises at all times in a chicken coop or chicken run while in the city. Chickens are not allowed to
be located in any part of the home and/or garage.
(B) Chicken Coops And Chicken Runs:
1. Any chicken coop and run fencing must be consistent with building and zoning codes.
2. No chicken coop or run shall be constructed on any lot prior to the time of construction of the principal building.
3. Chicken coops and runs shall not be in the front or side yard.
4. Any chicken coop or run shall be set back at least fifty feet(50')from any residential structure on any adjacent lots and
ten feet (10')from the property line.
5. Any coop or run shall be screened from view with a solid fence or landscaped buffer with a minimum height of four feet
(4').
6. All chicken coops must have a maximum size of ten (10) square feet per chicken and must not exceed six feet(6') in
total height. Fenced in chicken runs must not exceed twenty (20) square feet per chicken and fencing must not exceed
six feet (6') in total height. Chicken runs may be enclosed with wood and/or woven wire materials, and may allow
chickens to contact the ground. Chicken runs must have a protective overhead netting to keep the chickens separated
from other animals.
7. Chicken coops must be elevated a minimum of twelve inches (12") and a maximum of twenty four inches (24") above
grade to ensure circulation beneath the coop.
8. Chicken grains and feed must be stored in rodent proof containers.
`
Chickens Page March 25` 20|0
Stillwater Township
(C) Conditions And Inspection: No person who owns, oontros, keops, maintains or harbors hen chickens shall permit
the premises where the hen chickens are kept to boorremain in an unhoe|thy, unsanitary ornoxious condition or to
permit the premises 0zbein such condition that noxious odors are carried ho adjacent public or private property. Any
chicken coop and chicken run authorized under this section may be inspected at any reasonable time by the city
animal control officer or other agent nfthe city. (Ord. 1153. 3'17'2000).
DRAFT April 27,2010 Chapter Two 0 Zoning Regulations
Allowable Land Uses
P Permitted CUP Conditional Use Permit required
A Permitted Accessory Use IUP Interim Use Permit required
AP Administrative Permit required
Zoning District
Land Use Ua. _
u Z v
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AGRICULTURAL AND LAND BASED USES
Aggregate Mining and Related
Must be located in Aggregate Mining Overlay District
Activities
Agricultural Direct-Market Business P P P AP
T
Agricultural Processing P P P
Agriculture P P P P P
Agritourism Enterprise CUP CUP CUP CUP
Fre( and S__c;. Saic;' CI„:1) CUP CUP
I
Feedlots CUP CUP CUP Chapter 2, Section 10.18
z vest c k a , _ Liv 1ovk rt .. tip n ; if ) P P - Chapter 2, Section 10.18
Horse Training Facility, Commercial Ap Chapter 2, Section 10.14
AP AP(10 or Fewer Horses)
Horse Training Facility, Commercial CUP CUP Chapter 2, Section 10.14
(over 10 Horses)
Plant Nursery CUP CUP CUP CUP F ("'`P CUP Chapter 2, Section 10.23
City of Scandia Development Code 2-I
DRAFT April 27,2010 Chapter Two 0 Zoning Regulations
P Pettuitted CUP Conditional Use Permit required
A Permitted Accessory Use IUP Interim Use Permit required
AP Administrative Permit required
Zoning District
V 9
L f > r o Q� 1-1
Land Use U t tn ' W o d m Z a Cl.) c
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`L `/ i Z 2 — h CIc5 Gd cad`y " y u u = 7. 4.1 to
U Q a j
Temporary Farm Dwelling it;P il T
rH A- ut Chapter 2, Section 10.33
RESIDENTIAL USES
Accessory Apartments, Accessory to a1; ,PP �,i> ,i CUP CUP CUP Chapter 2, Section 10.1
Residential Use
Accessory Apartment, Accessory to a CUP CUP CUP CUP TBD
Commercial Use
Daycare Facility(Nursery, Day)
Located within a Residential Setting, A A A A A
Serving 14 or Fewer Persons, State A
Licensed
Exterior Storage of Personal Property A A A A A A
Home Occupations A A A A A A Chapter 2, Section 10.13
Kennel, Private PR 1' I,1' il v, I r ig Chapter 2, Section 10.16
Multi-Family Residence CUP 1 CUP CUP CUP Chapter 2, Section 10.21
Open Space Conservation Subdivision CUP CUP Chapter 2, Section 12
Recreation Equipment A A A A A A 1 A
City of Scandia Development Code 2-2
DRAFT April 27,2010 Chapter Two 0 Zoning Regulations
P Permitted CUP Conditional Use Permit required
A Pefmfitted Accessory Use !UP Interim Use Permit required
AP Administrative Permit required
Zoning District
o d co
o u es ° y i 1 6�i
Land.Use y 'S - a 15� L 8
L.
h Ci
e_ P P P P P Chapter 2, Section 10.7
F ,.
R , Chapter 2, Section 10.7
CUP CUP CUP
Single Family Residence P P P P P P CUP'
Temporary Dwelling Unit - IL!)
Care Facility
Temporary Dwelling Unit - Chapter 2, Section 10.32
Construction '' 1_
COMMERCIAL USES
Antique Shops P P P
Appliance sales and repair P P P
Art Gallery and Sales P P P
Bakery Goods and Baking of Goods
for Retail Sales on the Premises CUP CUP 1 CUP
I As part of a PUD
City of Scandia Development Code 2-3
DRAFT April 27,2010 Chapter Two 0 Zoning Regulations
P Permitted CUP Conditional Use Permit required
A Permitted Accessory Use JUP Interim Use Permit required
AP Administrative Permit required
Zoning District
6- o m
L t W 6� +� 74 w
Land Use V Q Ts a
= 2 d b0 b0 I C.) ar �"CL) C0
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Restaurants CUP CUP CUP
- I —
Seasonal Plant and Plant Materials P P P
Retail Sales
Self-Storage Facilities, Enclosed F u; = Chapter 2, Section 10.29
Shoe Sales and Repair P P P
Shopping Center CUP CUP (1. is Chapter 2, Section 10.30
Sporting Goods and Recreational
Equipment Sales,Not Including CUP CUP CUP
Motorized Vehicles or Boats
Sports and Fitness Clubs CUP CUP Swimming Pools Chapter 2,
Section 10.31
Studios -Artist, Dance, Health and
Fitness, Decorating, Music,Portrait P P P
Photography, and Similar Uses
Tailoring Services P P P
Temporary Outdoor Retail Sales AP AP AP
Theaters (Indoor Only) r 1,P CUP
City of Scandia Development Code 2-9
DRAFT April 27,2010 Chapter Two 0 Zoning Regulations
P Permitted CUP Conditional Use Permit required
A Permitted Accessory Use IUP Interim Use Permit required
AP Administrative Petsuit required
Zoning District
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Toy Stores P P P
Veterinary Clinic, Small Animal CUP CUP CUP
Veterinary Clinics, Large Animal CUP
Warehousing and Distribution Chapter 2, Section 10.35
Businesses
Wholesale Businesses (1 )
Yard Waste Facilities CUP CUP Chapter 2, Section 10.37
PUBLIC, SEMI-PUBLIC , AND UTILITY USES
Campgrounds, as part of a Public CUP CUP
Recreation Facility
Cemeteries CUP CUP CUP CUP CUP Chapter 2, Section 10.6
Chapter 2, Section 10.8
City of Scandia Development Code 2-10
f
DRAFT April 27,2010 Chapter Two 0 Zoning Regulations
P Permitted CUP Conditional Use Permit required
A Permitted Accessory Use , IUP Interim Use Permit required
AP Administrative Permit required
Zoning District
` ` ° m r Y aa
Land Use : U e. i L 74 d a 5 c c
C7 _ d a . e
WC'. f Chapter 2, Section 10.9
Golf Courses CUP CUP
Golf Driving Range CUP CUP
Government Uses, Buildings and CUP CUP CUP CUP CUP CUP CUP
Storage
Museums ., i l CUP CUP CUP
Place of Worship CUP CUP CUP CUP CUP Chapter 2, Section 10.22
--- ---------- - _......--.._....-
Public Parks=and Recreation Facility P P P P P p Chapter 2, Section 10.24
Schools CUP CUP CUP CUP CUP ( CUP Chapter 2, Section 10.28
Wind Energy Conversion System Chapter 2, Section 10.35.5
(WECS) CUP CUPCUP CUP CUP CUP CUP
Wireless Communication Antennas CUP CUP CUP CUP CUP CUP CUP CUP Chapter 2, Section 10.36
and Towers
OTHER ACCESSORY USES
Accessory Structures A A A A A A A A
Fences A A A A A A A A Chapter 2, Section 9.5
2 As limited by State Statute 473H
City of Scandia Development Code 2-I 1
DRAFT April 27,2010 Chapter Two 0 Zoning Regulations
CUP Conditional Use Permit required
P Permitted •
MP Interim Use Permit required
A Permitted Accessory Use
AP Administrative Permit required
Zoning District
:. ,. ...
Land Use
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.- 15 C)
44.* C14
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4 C4 tl Ce 7* C4
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I lOrne OCCUM1 Ions P P V P IR P P
Prdeme Kennels, Chapter 2.
Section 10,IP: Commercial
Keppin oi Anirininisi A A Aw A A Kenneis, Chapter 2, Section
I 0,15, I niestocik,„ ilii,Implicit- 2.
Section 10,1
Off-street parking and loading A A A A A A A A Chapter 2, Section 9.10
Signs A A A A A A A A Chapter 2, Section 9.13
Temporary Produce Stands A A A A A A A A
ltetnii; m Blue 'Frixi chanes niacin 1)y Council, Planning Commission and stall from draft document,
hems in Rind Teid sucs requiring additional Intel-diaem and discussion.
Rtargaisimee sectIon indicates, muarrepi lirisai nal oil these ':,:c(:11011., wlehm thc 1)cvelopmcnt (,' 6c, 1 ii , :--,,,,'CtOri ,Aif 11C upilaied in correspond with
updalcd Cock.
City of Scandia Development Code 2-12
DRAFT April 15,2010 Chapter Two 0 Zoning Regulations
Lot Area and Setback Requirements
Zoning District
to
F.
a
V71 o
`' . 00.7a d C.7 - 6,
d rc' 0VV R R C .
D
4 units 1 unit 4 units 1 unit 4 units
DENSITY per 40 per 40 per 40 per 2.5 -- -- -- per 40
acres acres acres acres] ! acres2
2.0 to
MINIMUM LOT 5'0 40 2.0 2.5 See 2.5 2.5 2.0
SIZE acres, or acres acres' acres Footnote4 acres acres acres
20+
acres
MINIMUM
1.0 1.0 1.0 1.0 1.0 1.0 1.0
BUILDABLE See
AREA acres acres acres acres Footnote4 acres acres acres
Varies Varies
MINIMUM by lot by lot
FRONTAGE ON size. size. See
ALL PUBLIC See 300 ft See 160 ft Footnote 5 160 ft 160 ft 160 ft
ROADS table table
below below
MAXIMUM LOT 25% 25% 25% 25% 80% 65% 65% 65%
COVERAGE
For multi-family housing, 1.0 acres minimum lot area per dwelling, with an approved Conditional Use Permit.
2 As part of an approved Planned Unit Development.
3 Unless the parcel is part of an approved Open Space Conservation Subdivision.
4 No minimum lot size or buildable area standards. Wastewater treatment needs must be met.
5 No minimum frontage requirement. Must meet Scandia Design Guidelines.
City of Scandia Development Code 2-1
DRAFT April 15,2010 Chapter Two 0 Zoning Regulations
Zoning.District
To
O E
O H
L
= C7 v Z No Oji
MINIMUM
BUILDING
SETBACK, 40 ft 40 ft 40 ft 40 ft 40 ft 40 ft 40 ft
FRONT
MINIMUM
BUILDING
SETBACK, SIDE, 10ft loft loft loft loft loft loft
EXISTING LOT <
I ACRE
' MINIMUM
BUILDING 20 ft 20 ft 20 ft 20 ftSee 20 ft 20 ft 20 ft
SETBACK, SIDE, Footnote
LOT > 1 ACRE
MINIMUM
BUILDING 50 ft 50 ft 50 ft 50 ft 50 ft 50 ft 50 ft
SETBACK, REAR
MINIMUM
BUILDING 150 ft from centerline, or 75 ft 150 ft from centerline,
SETBACK, from ROW or 75 ft from ROW
MINOR
ARTERIALS
6 No minimum setback requirements. Must meet Scandia Design Guidelines.
City of Scandia Development Code 2-2
DRAFT April 15,2010 Chapter Two 0 Zoning Regulations
Zoning District
< m
0
c I. N MM a a
L a a d d
�I y Iw 4 IL K I� = Qy d E
d a z
Y
MINIMUM
BUILDING
SETBACK, 100 ft from centerline, or 50 ft from 100 ft from centerline,
MAJOR OR j the ROW or 50 ft from the ROW
MINOR
COLLECTORS
MAXIMUM
BUILDING 35 ft 35 ft 35 ft 35 ft 35 ft 35 ft 45 ft 35 ft
HEIGHT
Minimum Frontage on All Public Roads, AG C and GR Districts:
Lot size of 2.0 to 3.0 acres 160 feet
Lot size greater than 3.0 acres and less than 4.0 acres 240 feet
Lot size of 4.0 acres or greater: 300 feet
City of Scandia Development Code 2-3