6. Discussion on draft ordinance regulating domestic fowl444 Cedw 5lreel, 5vte 1500
Saint Paul, MN 55101
651 292,4400
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Mi
TKD
Memorandum
To: Scandia Planning Reference: Keeping Domestic Fowl on
Commission Smaller Lots – Draft Ordinance
for discussion
Copies To: Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
Project No.: 16623.000
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: May 29, 2018
A City resident recently requested that Scandia consider allowing residents to have a number of
chickens on lots smaller than five acres by adopting standards for this use rather than requiring
the minimum lot size and setbacks that are required for keeping Livestock (minimum five acres).
Many communities in Washington County and the Metro Area have adopted standards for
keeping a small number of chickens. The Planning Commission discussed the issue at its May
meeting, and requested that the Planner develop a draft ordinance for keeping domestic fowl on
smaller lots. The draft is attached for discussion on June 5.
The Commission's comments at the May meeting (paraphrased in italics) included:
• The ordinance should include all domestic fowl, not just chickens. Guinea fowl should
not be permitted.
o The draft ordinance includes all domestic fowl—chickens, ducks, turkeys, and
geese. It limits chickens to the domestic species that does not include guinea
fowl.
• The setbacks should be smaller than those required for livestock, but setbacks should
be required to protect adjacent properties.
o The draft ordinance states that the setbacks should be the structure setbacks
required for all structures in the zoning ordinance (typically 40 feet front, 20 feet
side, and 50 feet rear), must be located at least 20 feet from structures on
adjacent properties, and must be located in the rear yard. The Commission
should discuss the setback requirements.
• The City should not over -regulate this use. No permits should be required for 5 chickens
or less.
o The draft ordinance requires no permit for 5 chickens or less. It requires an
Administrative permit for more than 5 chickens, which would allow for a check on
setbacks and other standards.
An ernptoyeeowned cmpany prorminq clkrmalllye 1301 on aid equal uppo-rluWly
Chickens on Small Lots Page 2 May 1, 2018
Scandia Planning Commission
• The Commission will discuss whether roosters will be permitted. (Most communities do
not permit roosters on small lots.)
o The draft ordinance does not permit roosters. This is a requirement in virtually all
ordinances for chickens on small lots in communities in the Metro Area.
• There should be limits on the size of flocks permitted on small lots.
o The draft ordinance limits the total number of domestic fowl to 5 per acre on
parcels that are smaller than five acres. A similar requirement is included in the
"chicken exception" in the current Development Code.
• The City's nuisance standards should apply for this use.
o This performance standard is included in the draft ordinance.
Some other issues for discussion in the draft include:
• Should coops be counted toward the number and size of accessory structures permitted
on lots? Should 1 coop be permitted on a small lot that does not need to be counted
toward the limit?
• Should slaughtering be permitted on small parcels? Some ordinances prohibit this.
• Are the performance standards appropriate for the level of regulation that the
Commission believes the City should maintain for keeping domestic fowl on small
parcels?
I
CITY OF SCANDIA
ORDINANCE NO.
AN ORDINANCE AMENDING
ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE,
CHAPTER 2, SECTION 4.15 REGARDING LIVESTOCK AND LIVESTOCK
OPERATIONS
The City Council of the City of Scandia, Washington County,
Section 1. Amendment. Ordinance No.
("Development Code", or "Code"), Chapter I
Operations, shall be amended to read as follows:
4.15 Livestock and Livestock Operations
(A)
(B)
(C)
hereby ordains:
ent Code
Livestock
Animal Density. Livestock and livestock 7orations shomply with al he following
standards regardless of the number of animal the property or whether a permit is
required:
No livestock, with the except n of fowl, shall be pla*roat
site of less than 5 acres.
For purposes of this section, 5 acres may in Jude the of way.
The following equivalents shall a�ly when det g animal units:
3.
4.
one mature dairy cow
kne slaughter steer or heifer
6S7
Animal Units
1.4
1.0
1.0
0.4
0.02
0.1
0.05
0.018
0.01
0.5
;d above, the number of animal units shall be defined as the
ie animal divided by 1,000 pounds.
shall be required for each animal unit or its equivalent. The
greater density than allowed as stated above shall require an
interim use permit. To obtain such permit, the applicant shall 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.
(E) The minimum acreage and animal density requirements above are waived for the keeping
of domestic fowl (chickens, turkeys, geese or ducks) on lots smaller than 5 acres provided
that the standards in Section 4.16 are met.
Ordinance No. — Page 1 of 3
4.16 Domestic Fowl on Lots Smaller Than Five Acres
(A) The keeping of up to five (5) domestic fowl on a lot that is smaller than five (5) acres
does not require a City permit. Any person wishing to keep more than five (5) domestic
fowl on a parcel that is smaller than five (5) acres shall obtain an Administrative Permit
from the City prior to acquiring the fowl.
(B) The total number of domestic fowl may not exceed 5 fowl per acre on a parcel that is less
than five (5) acres in size.
(C) The principal use of the property shall be single-family residen#i h nd contain a single-
family residential structure. Domestic fowl shall not be permitted on vacant properties or
those containing multi -family residential uses.Coo ctures used to house domestic
fowl that are greater than 120 square feet in size sh comply wit the Accessory
structure limitations on the number and size of resid tial accessstructures permitted
by Chapter 2, Section 3.2 of the Developmelit Codes
(D) The keeping of domestic fowl on lots
following standards: 4
1. Hen chickens are permitted and
2. All chickens shall be
tolerant of local climz
five (5) acres shall be
3. Domestic fowl shall not be q
4. 1 may be ghtered on
*4r adja properties.
than fitk(5) acres shall 614INWith the
es Gallus s domesticus, and shall be
All fowl sp pt on parcels smaller than
ties.
le the ipal structure.
)ertv in locations that are not visible to the
Coops an ached exercise p shall be provided for all domestic fowl. Coops
and pens 11 be fally-enclwWd including overhead areas, and shall be constructed
of durable m s. The coop shall have sufficient windows for natural light.
The floor area o p must equal at least two (2) square feet per fowl and the
combina ' n of th or area and pen area must equal at least ten (10) square feet
a
ome c fowl.
s larger than 200 square feet, the owner shall obtain a building permit.
is to be provided for hearing or lighting, the owner shall obtain an
mit.
7. Toops, pens and other structures for domestic fowl shall meet the structure setback
requirements of the zoning district where the parcel is located, plus all structures
shall maintain a minimum setback of twenty (20) feet from dwellings on adjacent
properties, and shall be located in rear yards only.
8. No person may allow domestic fowl to range freely without fencing or without a
mobile pen.
Ordinance No. — Page 2 of 3
9. All food stored for domestic fowl shall be kept in rodent -proof containers stored
inside coops or other buildings.
10. Structures and areas in which domestic fowl are kept or maintained, including
coops and pens, shall be kept reasonable clean from filth, garbage, and any
substances which attract rodents. All feces shall be collected daily and properly
disposed of on a regular basis as fertilizer, composted, or transported off the
premises.
11. Domestic fowl shall not be kept in such a manner as t nstitute a public nuisance
as defined by the City Code. The City may revoke f the animals become
a nuisance.
12. The City may enter and inspect any propert c1 the coop and back yard, at
any reasonable time for the purpose of i estiRting a reported violation or to
ascertain compliance or noncomplia itNhe City Code and Certificate of
Compliance.
This ordinance shall be in full f d effect upon its adoption and
Section 2_ F,ffective nate_
, 2018.
;fsky, Mayor
Ordinance No. — Page 3 of 3