7.b ii Ordinance No 199 amending Development Code for Livestock and Livestock operations and Accessory StructuresCITY OF SCANDIA
ORDINANCE NO. 199
AN ORDINANCE AMENDING
ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE,
CHAPTER 2, SECTION 4.15 REGARDING LIVESTOCK AND LIVESTOCK
OPERATIONS AND SECTION 3.2 REGARDING ACCESSORY STRUCTURES
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.
(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 five (5) acres
provided that the standards in Section 4.16 are met. The minimum lot size of parcels in
Ordinance No. 199 Page 1 of 4
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.
(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 five (5) acres
provided that the standards in Section 4.16 are met. The minimum lot size of parcels in
Ordinance No. 199 Page 1 of 4
Shoreland Areas includes only the area of the parcel that is above the Ordinary High
Water Level (OHWL).
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. Up to five (5) domestic fowl are permitted on a parcel that is
less than five (5) acres in size.
(C) 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 comply 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 comply with the
following standards:
1. Hen chickens are permitted and roosters are prohibited.
2. All chickens shall be of the subspecies Gallus gallus domesticus, and shall be
tolerant of local climate conditions. All fowl species kept on parcels smaller than
five (5) acres shall be domesticated varieties.
Guinea fowl are prohibited (members of the Family Numididae, genus Agelastes,
Numida, Guttera, or Acryllium) and Peafowl (Peacocks) are prohibited (Pavo
cristatus, Pavo muticus, and Afropavo congensis).
4. Fowl may be slaughtered on the property in locations that are not visible to the
public or adjacent properties.
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.
6. 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.
7. 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 permanent
coop structures shall maintain a minimum setback of twenty (20) feet from
dwellings on adjacent properties, and shall be located in rear yards only. If the
physical characteristics of the property do not permit the coop to be located within
Ordinance No. 199 Page 2 of 4
the rear yard, the property owner may request approval of an Administrative
Permit to locate the coop in the front or side yard.
No person may allow domestic fowl to range freely without fencing or without a
mobile pen.
9. Structures and areas in which domestic fowl are kept or maintained, including
coops and pens, shall be kept reasonably clean from filth, garbage, and any
substances which attract rodents.
10. 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.
11. 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.
Section 2. Ordinance No. 122, the City of Scandia Development Code ("Development Code", or
"Code"), Chapter Two, Section 3.2, Accessory Structures, shall be amended to read as follows:
(1) Residential and Agricultural Accessory Structures. The following additional standards
apply to all residential and agricultural accessory structures:
(A) Accessory structures may not include a dwelling unit unless it meets the standards of
Section 4.2 Accessory Dwelling Units of this Development Code. Accessory
structures or portions of structures that meet the standards of Section 4.2 may be
rented or leased. Other accessory structures shall not be rented, leased, or sold
separately from sale of the primary single-family dwelling on the lot.
(B) Accessory structure height is limited to the permitted building height in each zoning
district.
(C) The permitted total square footage and number of all accessory structures is as follows:
Ordinance No. 199 Page 3 of 4
Residential Accessory
Agricultural and Rural
Structures (non-agricultural) *
Buildings
Number of
Total Square
Number of
Total Square
Lot Size****
Structures**
Footage
Structures
Footage
Parcels less than 1 acre
1
720 sq. ft.
None
None
1.0 to less than 3.0 acres
1
1,000 sq. ft.
3.00 acres to less than 5.00 acres
2
2,500 sq. ft.
1 rural use
4,000 sq. ft.
5.00 acres to less than 10.00 acres
2
3,000 sq. ft.
building***
including non -
agricultural
(3 total)
buildings
2 agricultural
6,000 sq. ft.
10.00 acres to less than 20.00 acres
2
3,500 sq. ft.
buildings (4
including non -
agricultural
total)
buildings.
Ordinance No. 199 Page 3 of 4
If the property has no attached garage, one detached garage up to 24'x 36' in size is
permitted in addition to the number of accessory structures listed in Section (C) above.
This exception is intended to permit a garage only, and the square footage of the garage
may not be added to the number or square footage of accessory structures that are
permitted on the property by the table above. The total area of structures including the
garage shall meet the lot coverage requirements. The property owner must demonstrate
that there is adequate space available on the parcel for a primary and secondary septic
system that meet Washington County SSTS ordinance requirements outside the area
proposed for the garage.
** One single story shed of 120 square feet or less is permitted in addition to the number of
accessory structures listed in Section (C), above. Ice fishing houses stored on parcels of
land during non -winter months shall be deemed to be the permitted shed.
*** One rural accessory structure to shelter domestic farm animals or to provide storage for
rural/farm uses is permitted on lots between 5.0 and 10.00 acres.
**** Lot area of parcels within Shoreland areas shall include only the area of the parcel that is
above the Ordinary High Water Level (OHWL).
Section 3. Effective Date. This ordinance shall be in full force and effect upon its adoption and
publication according to law.
Passed and adopted by the City Council of the City of Scandia this 21' day of August, 2018.
Christine Maefsky, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk
Ordinance No. 199 Page 4 of 4
Residential Accessory
Structures (non-agricultural) *
Agricultural and Rural
Buildings
Lot Size****
Number of
Structures**
Total Square
Footage
Number of
Structures
Total Square
Footage
20.00 acres to less than 30.00 acres
2
4,500 sq. ft.
No limit
provided
structures are
agricultural
buildings.
No limit
provided
structures are
agricultural
buildings
30.00 acres to less than 40.00 acres 2 5,500 sq. ft.
40.00 acres to less than 60.00 acres 2 6,000 sq. ft.
60.00 acres to less than 80.00 acres 2 7,000 sq. ft.
80.00 acres and larger 2 8,000 sq. ft.
If the property has no attached garage, one detached garage up to 24'x 36' in size is
permitted in addition to the number of accessory structures listed in Section (C) above.
This exception is intended to permit a garage only, and the square footage of the garage
may not be added to the number or square footage of accessory structures that are
permitted on the property by the table above. The total area of structures including the
garage shall meet the lot coverage requirements. The property owner must demonstrate
that there is adequate space available on the parcel for a primary and secondary septic
system that meet Washington County SSTS ordinance requirements outside the area
proposed for the garage.
** One single story shed of 120 square feet or less is permitted in addition to the number of
accessory structures listed in Section (C), above. Ice fishing houses stored on parcels of
land during non -winter months shall be deemed to be the permitted shed.
*** One rural accessory structure to shelter domestic farm animals or to provide storage for
rural/farm uses is permitted on lots between 5.0 and 10.00 acres.
**** Lot area of parcels within Shoreland areas shall include only the area of the parcel that is
above the Ordinary High Water Level (OHWL).
Section 3. Effective Date. This ordinance shall be in full force and effect upon its adoption and
publication according to law.
Passed and adopted by the City Council of the City of Scandia this 21' day of August, 2018.
Christine Maefsky, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk
Ordinance No. 199 Page 4 of 4