4. discussion on ordinance amending development code sections regulating livestock and accessory structures
Memorandum
To: Scandia Planning
Commission
Reference: Keeping Domestic Fowl on
Smaller Lots – Draft Ordinance
Discussion
Copies To: Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
Project No.: 16623.000
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: August 22, 2018
The Planning Commission requested further discussion of the proposed ordinance amendment
that would permit Domestic Fowl on parcels smaller than five acres in size at its meeting on
September 4.
The Commission heard comments from Scandia residents regarding the proposed limits on the
number of chickens per parcel after the public hearing on the amendment at the August
meeting. The concerns focused on the following differences between the current ordinance and
proposed ordinance:
Current Livestock ordinance (Chapter 2, Section 4.15)
Requires a minimum lot size of 5 acres for most livestock, and
o Includes density standards for the number of livestock that are permitted per
acre. The number is based on the type and size of the animal, as an estimate of
the amount of manure generated.
o For example, the table in Section 4.15 identifies each chicken as 0.01 animal
units. Therefore, 100 chickens = 1 animal unit. So on that basis, the current
ordinance permits up to 100 chickens per grazable acre on parcels that are 5
acres in size or larger.
o Requires minimum setbacks of 100 feet from all parcel boundaries for buildings
or structures that shelter livestock.
The ordinance also Includes an exception that permits keeping domestic fowl on parcels
smaller than 5 acres (Item D), and that section:
o Requires a minimum of 1 acre of land to have domestic fowl on a property
o Permits up to 10 chickens and 5 turkeys, geese or ducks per acre on parcels
between 1 acre and 5 acres in size. (Table in Item D #2)
o Requires all poultry yards, runs, coops or other structures to meet the minimum
setback requirements for accessory structures for domestic farm animals (a
minimum setback of 100 feet from all property lines).
Chickens on Small Lots Page 2 September 4, 2018
Scandia Planning Commission
The Proposed ordinance amendment would make the following changes and would apply
only to parcels that are smaller than 5 acres:
Permits domestic fowl on all parcels less than 5 acres in size
Permits up to 5 chickens or other domestic fowl per acre on smaller parcels. A
maximum of five fowl would be permitted on lots less than 1 acre in size.
Requires all structures to meet the minimum accessory structure standards (a minimum
of 40 feet or front line of existing primary structure from the front lot line, 20 feet from the
side lot line, and 50 feet from the rear lot line.) The structures would need to be located
a minimum distance of 20 feet from residential buildings on adjacent parcels.
The central issue for the ordinance amendment is whether the current standard for the density
of chickens permitted on the smaller parcels (10 per acre) should be reduced as the required
setbacks for the structures that house the animals are reduced to the general standards for
accessory buildings in the ordinance amendment.
Ordinances in other Communities
The Commission reviewed information from other City ordinances in Washington County related
to domestic fowl on smaller parcels during the development of the draft ordinance, including
ordinances in Forest Lake, Hugo, Newport, and Stillwater.
Each of these ordinances permits a maximum number of 5 chickens per parcel on parcels that
are less than 5 acres in size. In most of the communities, structures that house chickens on
small parcels must meet the accessory structure setback requirements; however, Hugo requires
that structures be set back a minimum of 100 feet from all property boundaries on all parcels.
Some of the ordinances, such as the Forest Lake ordinance, permit the structures for domestic
fowl in rear yards only.
The City of Marine on St. Croix permits livestock (including domestic fowl) on parcels that are 5
acres or larger. The maximum density of chickens and fowl is 5 birds per acre.
May Township requires a minimum five acre parcel of keeping livestock, including domestic
fowl.
The communities that permit chickens on parcels that are smaller than five acres in size do not
permit roosters or guineafowl on the small parcels due to potential noise impacts to neighbors.
Planning Commission Discussion on September 4
The Planning Commission should discuss the issues raised related to the density of domestic
fowl permitted on lots smaller than five acres and make its recommendations for the standards
to be included in the ordinance amendment.