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4. Discussion on draft amendment to development code regulating livestock and livestock operations444 Cedw 5lreel, 5vte 1500 Saint Paul, MN 55101 651 292,4400 tkda.com 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: 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. An ernptoyeeowned cmpany prorminq clkrmalllye 1301 on aid equal uppo-rluWly 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