4. Discussion on draft amendment to development code regulating livestock and livestock operations444 Cedw 5lreel, 5vte 1500
Saint Paul, MN 55101
651 292,4400
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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: June 25, 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 and it specifically includes all
species of 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.
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Chickens on Small Lots Page 2 July 3, 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?
7
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 4/10/2018
Animal Regulation in Cities Page 32
2. Chickens
Like other animals, cities take different approaches for regulating
chickens. Some cities include chickens in the same regulations that apply
to other farm animals or livestock. Other cities have ordinances that allow
chickens in the city under certain circumstances. However the city decides
to regulate chickens, it is important to be clear about the regulations.
State v. Nelson, 499 N.w.2d
A Minnesota court has found that, unless specifically included in the
512 (Minn. Ct. App. 1993).
definition, chickens and roosters do not fall under the regulation of
ordinances that reference livestock. If the city would like to include
chickens in this category, it may do so by defining the term to include
chickens, poultry, fowl, or other similar descriptions. The bottom line here
is that if the city wants to regulate chickens, it should make sure that
chickens are covered by the ordinance.
"Backyard Chicken Basics,""Urban
chickens," also called "city chickens," are becoming a more
University of Minnesota
Extension, small Farms.
common issue in cities across the state and country. The urban chicken
"movement" is often linked to the increased desire for people to be closer
to their food sources. Urban chickens allow people to raise chickens at
their homes to have access to fresh eggs on a regular basis.
This small-scale keeping of chickens is different than a business that raises
hens for eggs and meat. Those businesses are regulated differently than
residents who want to keep a few chickens in their backyards.
"Keeping Backyard Poultry,"
There are no state laws that address urban chickens or keeping of chickens
Centers for Disease Control
and Prevention (Mar. 16,
in cities, so it is up to the city council to decide if it wants to regulate the
2018).
keeping of chickens. The city may choose to allow, allow if a permit is
obtained from the city, or prohibit urban chickens. The city can do this in a
Contact the LMC Research
number of ways, including regulation under the general animal or farm -
Department for sample
ordinances.
animal ordinance or by passing an ordinance specific to keeping chickens.
If the city chooses to regulate the keeping of urban chickens, some
common requirements include:
• Allowing only hens (no roosters).
• Limiting the number of hens allowed.
• Maintaining coops or runs in a sanitary and humane condition.
• Keeping chickens contained or under control at all times.
• Locating coops a certain distance from property lines and other
structures like houses.
League of Minnesota Cities Information Memo: 4/10/2018
Animal Regulation in Cities Page 32
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, Minnesota hereby ordains:
Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code
("Development Code", or "Code"), Chapter Two, Section 4.15, Livestock and Livestock
Operations, shall be amended to read as follows:
4.15 Livestock and Livestock Operations
(A) Animal Density. Livestock and livestock operations shall comply with all of the following
standards regardless of the number of animal units on the property or whether a permit is
required:
(B) No livestock, with the exception of fowl, shall be placed on any site of less than 5 acres.
For purposes of this section, 5 acres may include the road right of way.
(C) The following equivalents shall apply when determining animal units:
For animals not listed above, the number of animal units shall be defined as the
average weight of the animal divided by 1,000 pounds.
(D) A minimum of 2 acres shall be required for each animal unit or its equivalent. The
keeping of livestock in 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.
(El 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 Deleted: the
hat the standards in Section 4.16 are mets
Deleted:
Deleted. 169
Ordinance No. - Paee 1 of 3
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 shall be defined as the
average weight of the animal divided by 1,000 pounds.
(D) A minimum of 2 acres shall be required for each animal unit or its equivalent. The
keeping of livestock in 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.
(El 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 Deleted: the
hat the standards in Section 4.16 are mets
Deleted:
Deleted. 169
Ordinance No. - Paee 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.
( The principal use of the property shall be single-family residential and contain a single-
family residential structure. Domestic fowl shall not be 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 shall comms with the Accessory
structure limitations on the number and size of residential accessory structures permitted
by Chapter 2, Section 3.2 of the Development Code.
(D) The keeping of domestic fowl on lots smaller than five (5) acres shall comms with the
following standards:
1. Hen chickens are permitted and roosters are prohibited.
2. All chickens shall be of the subspecies Gallus Qallus domesticus, and shall be
tolerant of local climate conditions. All fowl species kept on parcels smaller than
five (5) acres shall be domesticated varieties.
3. Guineafowl are prohibited (members of the Family Numididae,eg nus A elastes,
Numida, Guttera, or Acryllium).
4. Domestic fowl shall not be kept inside the principal structure.
5. Fowl may be slaughtered on the property in locations that are not visible to the
public or adjacent properties.
6. Coops and attached exercise pens shall be provided for all domestic fowl. Coops
and pens shall be fully -enclosed including overhead areas, and shall be constructed
of durable materials. The coop shall have sufficient windows for natural light.
The floor area of the coop must equal at least two (2) square feet per fowl and the
combination of the floor area and pen area must equal at least ten (10) square feet
of area per domestic fowl.
7. If the coop is larger than 200 square feet, the owner shall obtain a building permit.
If electricity is to be provided for hearing or lighting, the owner shall obtain an
electrical permit.
8. Coops, 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.
Ordinance No. - Paee 2 of 3
9. No person may allow domestic fowl to range freely without fencing or without a
mobile pen.
10. All food stored for domestic fowl shall be kept in rodent -proof containers stored
inside coops or other buildings.
It. 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.
12. Domestic fowl shall 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.
13. 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 and Certificate of
Compliance.
Deleted: <#>All poultry yards, runs, coops or other structures
housing fowl shall meet the minimum setback requirements for
accessory structures for domestic farm animals.¶
<#>A minimum of 1 acre of land shall be required for each 0.1
Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and animal unit, as follows:¶
publication according to law. Type of Fowl
Passed and adopted by the City Council of the City of Scandia this_, 201,8. Deleted: April 17
Deleted: 6
Christine Maefsky, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk
Ordinance No. - Paee 3 of 3