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5. Discussion on Chapter 3, Section 4.15 regulating livestock and Section 3.2(3)F Accessory structures for domestic animals (chickens)444 Cedw Street, 5vte 1500 Saint Paul, MN 55101 651 292,4400 tkda.com Mi TKD Memorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk From: Sherri Buss, RLA AICP, Planner Date: April 23, 2018 Reference: Keeping Chickens on Smaller Lots -- Zoning Issues Project No.: 16623.000 Routing: 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. This memo reviews some of the common issues communities have considered, and options for standards. The memo is an introduction to this issue. The Planning Commission may review the information below and attached, and discuss whether members want to move forward to consider permitting chickens on smaller lots and developing an ordinance to regulate keeping of smaller numbers of chickens. Numbers of Chickens and Zoning Districts Ordinances typically permit keeping up to 5 chickens on smaller lots. The Cities of Stillwater, Hugo, and Forest Lake permit up to 5 chickens on lots that are less than 5 acres in size. Newport allows up to 4 chickens. The City of St. Paul has a two-tiered system for regulating "urban" chickens: Tier 1 allows 1-6 chickens; Tier 2 allows 7-15 chickens. The Tier 1 permit requires that owners notify their neighbors about the proposed chickens; the Tier 2 permit requires that owners obtain permission for the chickens from 75% of owners or occupants within 150 feet of their property. The ordinances permit female chickens only. Some ordinances permit chickens in single-family residential districts only; others permit them in districts with duplexes as well. An ernptoyeeowned cmpany prorminq clkrmalllye 1301 on aid equal uppailunily Chickens on Small Lots Page 2 May 1, 2018 Scandia Planning Commission Permits All cities require that property owners who want to have chickens obtain an administrative permit. Characteristics of permits include the following: Forest Lake requires that owners obtain a COC for Chickens. This permit runs with the land and does not need to be renewed. Many communities issue one or two-year permits for chickens. Most do not permit the transfer of a permit to a new owner of the property. Stillwater issues a two-year permit; some communities require annual renewal of the permit. Most permits require a fee. This helps to pay for inspections and administrating the permits. Performance Standards Most ordinances include performance standards for chickens and the facilities that they use. Some of the ordinances cite the publication Recommendations for Municipal Regulation of Urban Chickens (2014) that was developed by Chicken Run Rescue and has been endorsed by other animal welfare organizations (copy attached). Some typical standards include: • Chickens are permitted as pets only • Slaughtering, breeding, and sale of chickens is prohibited • The applications often require neighbor notification or consent (Forest Lake and Hugo do not; the other cities reviewed do require either notice or consent) o Standards vary regarding notice. Some require notice of neighbors, others require consent of a majority of neighbors to obtain a permit. o Stillwater requires that if objections are received to a notice, the application must be considered by the City Council. • The applications usually require a site plan. Chicken facilities must typically meet setback requirements for accessory structures in the zoning district where they are located. Newport requires 50' setbacks from property lines for chicken coops and runs. • Require chicken coops and exercise areas and other care and feeding standards, with standards often based on the Recommendations publication from Chicken Run Rescue • Ordinances usually require that chickens be contained within a roofed coop and/or fenced run, or fully -fenced back yard. • Require that the owners comply with the nuisance ordinance, keep the facilities in a clean conditions, and dispose of wastes property off-site. • Permit the City to inspect the property and revoke the permit if the chickens become a nuisance The Recommendations document suggests that the ordinance, permits and fees should allow for additional staff and enforcement. 7