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5.b Draft Ordinance No ___ Domestic Fowl Draft for Public HearingCITY OF SCANDIA ORDINANCE NO. 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. (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 five 5) acres Deleted: the provided hat the standards in Section 4.16 are met_ The minimum lot size of parcels in / Deleted: Deleted. 169 Ordinance No. _ 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. (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 five 5) acres Deleted: the provided hat the standards in Section 4.16 are met_ The minimum lot size of parcels in / Deleted: Deleted. 169 Ordinance No. _ 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 within to o 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. (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: Ordinance No. 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 Agelastes. Numida, Guttera, or Acryllium) and Peafowl (Peacocks) are prohibited Wavo cristatus, Pavo muticus, and Afropavo con e�nsis). 4. Fowl may be slaughtered on the property in locations that are not visible to the public or adjacent properties. 5. 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 the rear yard, the property owner may request approval of an Administrative Permit to locate the coop in the front or side yard. Deleted: 169 Page 2 of 4 8. 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 reasonable 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 Deleted: <#>All poultry yards, runs, coops or other structures "Code"), Chapter Two, Section 3.2, Accessory Structures, shall be amended to read as follows: 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 animal unit, as follows:¶ (1) Residential and Agricultural Accessory Structures. The following additional standards Type of Fowl 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 Deleted: district. (C) The permitted total square footage and number of all accessory structures is as follows: Ordinance No. Deleted: 169 Page 3 of 4 Residential Accessory Agricultural and Rural Structures(non -agricultural) * Buildin s 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 - (3 total) agricultural 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. 20.00 acres to less than 30.00 acres 2 4,500 sq. ft. No limit provided structures are No limit provided structures are 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. Ordinance No. Deleted: 169 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 for 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,21St day of August, ZOI$. {Deleted: april v \� � Deleted: Deleted: 6 Christine Maefsky, Mayor ATTEST: Neil Soltis, Administrator/Clerk Ordinance No. Deleted: 169 Page 4 of 4 Residential Accessory Structures (non-agricultural) * Agricultural and Rural Buildings Lot Size**** Number of Total Square Structures** Footage Number of Structures Total Square Footage 60.00 acres to less than 80.00 acres 2 7,000 sq. ft. agricultural buildings. agricultural buildings 80.00 acres and larger 2 8,000 sq. ft. If the property has no attached garage, one detached garage up to 24'x 36' in size is permitted in addition to the number of accessory structures listed in Section (C) above. This exception is intended to permit a garage only, and the square footage of the garage may not be added to the number or square footage of accessory structures that are permitted on the property by the table above. The total area of structures including the garage shall meet the lot coverage requirements. The property owner must demonstrate that there is adequate space available on the parcel for a primary and secondary septic system that meet Washington County SSTS ordinance requirements outside the area proposed for the garage. ** One single story shed of 120 square feet or less is permitted in addition to the number of accessory structures listed in Section (C), above. Ice fishing houses stored on parcels of land during non -winter months shall be deemed to be the permitted shed. *** One rural accessory structure to shelter domestic farm animals or to provide storage for rural/farm uses is permitted on lots between 5.0 and 10.00 acres. **** Lot area for parcels within Shoreland areas shall include only the area of the parcel that is above the Ordinary High Water Level (OHWL). Section 3. Effective Date. This ordinance shall be in full force and effect upon its adoption and publication according to law. Passed and adopted by the City Council of the City of Scandia this,21St day of August, ZOI$. {Deleted: april v \� � Deleted: Deleted: 6 Christine Maefsky, Mayor ATTEST: Neil Soltis, Administrator/Clerk Ordinance No. Deleted: 169 Page 4 of 4