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7.b ii Report on Ordinance 199 amending the Development Code for Livestock and Accessory Structures444 Cedw 5lreel, 5vte 1500 Saint Paul, MN 55101 651 292,4400 tkda.com Mi TKD Memorandum To: Scandia City Council Reference: Keeping Domestic Fowl on Smaller Lots — Code Amendment Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Project No.: 16623.000 From: Sherri Buss, RLA AICP, Routing: Planner Date: August 14, 2018 BACKGROUND A City resident recently requested that Scandia consider allowing residents to have chickens on lots smaller than five acres and adopt standards for this use that would allow it on smaller lots. The Development Code currently requires a minimum lot size of 5 acres to keep livestock, including chickens and other domestic fowl, and setbacks that would prohibit many smaller lots from including structures to house livestock. Many communities in Washington County and the Metro Area have adopted standards for keeping chickens and other fowl on small parcels. The Planning Commission discussed the issue at recent meetings, developed a draft ordinance to permit keeping domestic fowl on smaller lots, and held a public hearing on the draft ordinance on August 7. The resident who requested the ordinance amendment thanked the Commission for their work on the ordinance. The Commission recommended the Development Code amendment to the Council for approval. ORDINANCE AMENDMENT HIGHLIGHTS The Commission recommended that the City should not over -regulate this use, but should permit a variety of domestic fowl, and adopt suitable standards for the number of chickens and other domestic fowl permitted on smaller lots The proposed Code amendment includes required setbacks and other performance standards that are tailored to regulating this use on smaller parcels. Highlights of the proposed ordinance include: • No permits are required to keep 5 domestic fowl or less. • The ordinance requires an Administrative permit for more than 5 domestic fowl, which would allow for staff to check on setbacks and other standards. • The maximum number of fowl permitted would be 5 chickens per acre on smaller parcels. A maximum of 5 chickens would be permitted on a parcel that is smaller than 1 acre. Adjacent nonconforming parcels under the same ownership would be considered 1 parcel to determine the acreage and number of chickens permitted. • Roosters are prohibited, as well as Guineafowl and Peacocks. An ernptoyeeowned cmpany prorminq clkrmalllye 1301 on aid equal uppo-rluWly Chickens on Small Lots Page 2 Scandia Planning Commission August 21, 2018 • The structure setbacks for residential structures apply to coops and pens, and a 20 -foot minimum distance must be maintained between coops and pens and residential buildings on adjacent properties. • Coop structures larger than 200 square feet require a building permit, and if electricity is provided, an electrical permit is required. • Domestic fowl should not become a nuisance, and the city may revoke the permit or use if the animals become a nuisance. • The Commission recommended adding an item to the draft ordinance and to the Accessory Structure section to note that the parcel area of parcels in Shoreland Districts includes only the area above the Ordinary High Water Level (OHWL). This is consistent with the standards of the Shoreland Management District ordinance. 7