5.a Staff Report-animal noise and accessory structures
Staff Report
Date of Meeting: November 13, 2018
To: Planning Commission
From: Neil Soltis, Administrator
Re: Regulation of animal noise and accessory structures
Background: There has been an ongoing issue with a resident being disturbed by a donkey braying
in the early morning hours. The owners of the property where the donkey is located run a petting
zoo business out of their house that provides animals for various events. The parcel where the
animals are located is over 5 acres in size and located in the General Rural zoning district where
agricultural and livestock activities are permitted uses. The development code allows livestock on
properties of 5 acres or greater. The Sheriff Deputy has verified that the parcel is in compliance
with the animal density requirements and setbacks.
Noise - The Development code regulation regarding noise refers to the MPCA standards. The City’s
noise ordinance, which was adopted in 1999, generally reflects the MPCA standards but also
contains language regarding noises prohibited.
However, the City’s ordinance does provide an exemption from the noise ordinance for agricultural
activities.
While the development code does not specifically include a definition of an agricultural activity, the
definitions of agricultural building and agricultural production both reference livestock and / or
domestic farm animals.
The issue of enforcing the noise ordinance has been discussed with the City Prosecutor and he feels
that it is questionable whether a citation based on the current noise ordinance would be upheld
based on the agricultural activity exemption.
Copies of the Noise Ordinance, Development Code, State Statute regarding noise pollution, and
guides from the League with regard to animal regulation and nuisances follow this cover memo.
Accessory structures - The issue of the number of accessory structures has been raised which raises
the questions as to what constitutes an accessory structure. On this particular lot a maximum of 3
accessory structures with a maximum combined area of 4,000 s.f. and a 120 s.f. shed would be
allowed. As shown in the photo below there are a number of smaller structures used to house
animals.
Below are the applicable definitions contained in the Development Code:
The text of the development code does not provide an exception for small structures beyond the
120 s.f. structure that does not require a building permit. Consequently, the code as constructed
does not allow for shelters of a size for small animals, including domestic animal such as dogs.