Loading...
HomeMy WebLinkAboutChicken Ordinance Packet REQUEST FOR PLANNING COMMISSION ACTION Families, Fields and Fair __________________________ The City That Soars! Description The Falcon Heights Environment Commission recommends adoption of an ordinance allowing and regulating the keeping of a limited number of hens in residential neighborhoods of Falcon Heights. Background In 2012 the Falcon Heights Environment Commission took up the topic of back yard chickens under the principle that growing food locally is a good sustainability practice. Commissioners met with Bill Stephenson of St. Paul’s Animal Control department, which manages that city’s chicken permits and inspections, and with Jane McHattie, a St. Paul resident who keeps chickens. Commissioners studied chicken ordinances from Stillwater, Maplewood, Minneapolis, Eagan and other cities. Commissioners used these codes as models to craft an ordinance for Falcon Heights, drafted by the City Attorney, which was presented to the City Council at their workshop on March 6. The proposed ordinance would add Article IV to Chapter 10 Animals, providing conditions under which residents may keep up to four hens in their back yards, by permit. The ordinance would amend the Zoning Code, Chapter 113, Sections 113- 174(d) and 113-181(d)(1) to allow as an accessory use for single family and two- family homes the keeping of chickens as regulated by Chapter 10, Article IV. A majority of the Council favoring adoption, the proposed ordinance was sent to the Planning Commission. As the proposed ordinance amends the Zoning Code of the City, State Statute requires a public hearing and a recommendation by the Planning Commission. At the request of Mayor Lindstrom a straw poll was set up on the website to survey citizens on this matter. At 3:00 p.m. on May 23, the poll stood at 129 in favor of chickens; 58 opposed. The poll allows only one vote per computer. Budget Impact Unknown Attachment(s)  Draft ordinance allowing and regulating the keeping of chickens  Map of the Metro area showing chicken ordinance status in cities  Spreadsheet of city ordinances Action(s) Requested  Hold a public hearing on the proposed ordinance.  Discuss the proposed ordinance and make a recommendation to the City Council. Meeting Date May 28, 2013 Agenda Item 1 Title Chicken Ordinance Submitted By Deborah Jones, Staff Liaison Doc. #168232v.1 RNK: 1/7/2013 1 ORDINANCE NO. ____ CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTERS 10 AND 113 OF THE FALCON HEIGHTS CITY CODE CONCERNING CHICKENS THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1. Chapter 10 of the Falcon Heights City Code is amended by adding Article IV to read as follows: ARTICLE IV. CHICKENS 10-34 Keeping of chickens. A. Any person who keeps chickens in the City must obtain a permit prior to acquiring the chickens. Chickens may only be kept in zoning districts where chickens are an allowed accessory use. The initial permit is valid for up to two (2) years beginning on the date the chickens arrive on the site and ending on December 31 of the following year. Subsequent permits are valid from January 1 of one year to December 31 of the second year. Applications for permits must be made to the Zoning and Planning Director. (1) Fees charged for the issuance of a permit to keep chickens will be set by the City Council. (2) If the permit applicant is not the fee owner of the premises on which the chickens are sought to be kept and for which the permit would apply, the application shall be signed by all fee owners of the premises. (3) The City may refuse to grant or may revoke a permit if the chickens become a nuisance, as evidenced by a second substantiated violation (within 12 months of a first substantiated violation) of this Section of the City Code, or Chapter 22 of the City Code. (4) The City may refuse to grant a permit to, or may revoke a permit from, a person convicted of cruelty to animals. Doc. #168232v.1 RNK: 1/7/2013 2 (5) Permits are non-transferable and do not run with the land. (6) A permit is a license granted to the chicken keeper by the City and does not create a vested zoning right. . (7) Prior to issuance of a permit, the prospective permit holder must acknowledge they have read the chicken run educational material provided by the City. (8) Prior to issuance of a permit, the prospective permit holder must provide a detailed sketch plan of the premises on which chickens are sought to be kept, including the location, the dimensions and design of the coop and run, establishing compliance with the chicken coop and run specifications provided in this Article. (9) Prior to issuance of a permit, the prospective permit holder must provide a plan for maintaining an adequate temperature in the coop for the safety of the chicken hens. The plan must address both extreme winter and summer temperature conditions. (10) The permit application will be processed administratively. It will not be referred to the City Council for consideration. 10-35 Each person holding a permit to keep chickens within the City must comply with the following: (1) The principal use of the specific property must be either single-family residential or two-family residential. A permit will not be issued for any property which is used principally for something other than single-family or two-family. If the property's principal use is two-family residential, then the property owner must sign the permit in addition to the chicken keeper; (2) No person may keep more than four (4) chickens; (3) No person may keep a rooster; (4) No person may allow chickens to range freely without fencing or without a mobile pen; (5) No person may keep any chickens inside a house or garage; (6) No person may slaughter any chickens within the City; Doc. #168232v.1 RNK: 1/7/2013 3 (7) Chickens must be provided a secure and well ventilated roofed structure ("chicken coop"); (8) The roofed structure for the chickens may only be located in a rear yard and must meet setback and building separations as established in City zoning and building codes, except that the roofed structure and fencing must maintain a 20-foot separation from dwellings on adjacent properties; (9) The roofed structure shall be fully enclosed, wind proof, and have sufficient windows for natural light; (10) All premises on which hens are kept or maintained shall be kept clean from filth, garbage, and any substance which attracts rodents. The coop and its surrounding must be cleaned frequently enough to control odor. Manure shall not be allowed to accumulate in a way that causes an unsanitary condition or causes odors to be detected on another property. Failure to comply with these conditions may result in removal of chickens from the premises or revocation of a chicken permit. (11) Chickens must be kept in the roofed structure, an attached pen, or a detached mobile pen whenever they are unattended by the keeper; but when attended by the keeper, the chickens are allowed in a completely fenced exercise yard; (12) The coop's attached pen must be securely constructed with at least a mesh type material and shall have protective overhead netting to keep the chickens separated from other animals; (13) The coop's attached pen must be well drained so there is no accumulation of moisture; and (14) The floor area of the roofed structure or a combination of the floor area and attached pen area must equal at least ten (10) square feet of area per chicken. (15) All grain and food stored for the use of the hens on a premises with a chicken permit shall be kept in a rodent proof container. (16) Leg bandings are required on all chickens. The bands must identify the owner and the owner’s address and telephone number. SECTION 2. Section 113-174(d) of the Falcon Heights City Code is amended by adding subsection (13) to read as follows: Doc. #168232v.1 RNK: 1/7/2013 4 (13) Keeping of chickens as regulated by the Code. SECTION 3. Section 113-181(d)(1) of the Falcon Heights City Code is amended to read as follows: (13) All accessory uses as permitted in the R-1 and R-2 Districts except that the keeping of chickens, as regulated by the Code, is only allowed as accessory to a single- family or two-family home. SECTION 4. This ordinance is effective immediately upon its passage and publication. ADOPTED this ______ day of _______________, 2013, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: _______________________________________ P e t e r L i n d s t r o m , M a y o r ATTEST: ___________________________________ Bart Fischer, City Administrator/Clerk St. Paul HugoBlaine Eagan Minneapolis Grant Lakeville Andover East Bethel Afton Orono Corcoran PlymouthMedina Ramsey Dayton Woodbury Ham Lake Lino Lakes Oak Grove May Twp. Burns Twp. Columbus Twp. Bloomington Rosemount Eden Prairie Shakopee Edina Burnsville Maple Grove Empire Twp. Linwood Twp. Cottage Grove Marshan Twp. Minnetonka Vermillion Twp. Lake Elmo St. Francis Savage Hassan Twp. Sand Creek Twp. Brooklyn Park Chaska Spring Lake Twp. Forest Lake Twp. Chanhassen Coon Rapids Fridley Maplewood Prior Lake Roseville Apple Valley Hastings Nininger Twp. Shoreview Victoria Anoka Farmington Louisville Twp. Champlin Richfield North Oaks Helena Twp.Cedar Lake Twp.New Market Twp. New Scandia Twp. Greenfield Inver Grove Heights Credit River Twp. Oakdale Minnetrista Independence Dahlgren Twp. Arden Hills Stillwater Twp. Crystal Stillwater Laketown Twp. St. Louis Park Golden Valley Mound Shorewood Rogers Mendota Heights St. Lawrence Twp. White Bear Twp. Carver Baytown Twp. Jackson Twp. Wayzata West Lakeland Twp. New Brighton MahtomediBrooklyn Center Vadnais HeightsWhite Bear Lake Hopkins San Francisco Twp. New Hope NewportSouth St. Paul Eureka Twp. Jordan West St. Paul Forest Lake Deephaven Little Canada Douglas Twp. Fort Snelling (unorg.) Hampton Twp. Mounds View Dellwood Castle Rock Twp. Hanover Robbinsdale Centerville Chaska Twp. North St. Paul Columbia Heights St. Anthony Tonka Bay Coates St. Paul Park Ravenna Twp. Grey Cloud Island Twp. Circle Pines Bethel Falcon Heights Oak Park Heights Sunfish Lake Spring Lake Park Lilydale Woodland Osseo Gem Lake Vermillion Excelsior Maple Plain Long Lake Greenwood Minnetonka Beach Pine Springs Lexington White Bear Twp.Stillwater Twp. Marine on St. Croix Lauderdale Loretto Mendota Medicine Lake Birchwood Village Landfall Chickens in the Metro Area Google spreadsheet + added staff research Legend Chickens MAYBE NO YES Published by Google Drive –Report Abuse – Updated automatically every 5 minutes Chicken Laws for Minnesota Cities : Sheet1 CITY CHICKENS ALLOWED INFO accessory building Eagan NO Oakdale YES-with permit http://oakdale.govoffice2.com/vertical/Sites/%7B9D2ABE6F-4847- Mounds View NO http://www.ci.mounds-view.mn.us/vertical/Sites/%7B9DACB450-8 Little Canada NO http://www.ci.little-canada.mn.us/vertical/Sites/%7BEB0504CE- 3D9E-4F5B-8199-A5A488B9A257%7D/uploads/%7B30DF8DD9 -62C0-48BE-BA01-C18D4804C1F6%7D.PDF Recently banned every possibility of farm animals in city limits Apple Valley NO Cottage Grove YES-but w/ 1 1/2 acres http://www.sterlingcodifiers.com/codebook/index.php?book_id=50 West St. Paul YES_w/permit & feet restr. only 2 under 5 acres http://www.ci.west-saint-paul.mn.us/index.asp? Type=B_LIST&SEC={5AB2A4C2-6052-4911-AF1B- 3C51575DB80A}#{D1265D7C-C172-4CA3-9CC6- CFC4F97B81C4} St. Paul YES_w/permit & feet restr. Montrose YES http://www.montrose-mn.com/assets/files/docs/ZoningOrds/1022.p Anoka YES-up to four http://www.anoka.govoffice2.com/vertical/Sites/%7B213A9A90-C8 Ramsey YES_with 3 acres Otsego YES_with license http://www.ci.otsego.mn.us/vertical/Sites/%7B2D2448C9-1D69-4E Maplewood YES-Approved July 11th, 2011 http://www.ci.maplewood.mn.us/DocumentView.aspx?DID=2035 St. Michael NO-in Residential under 4 acres http://www.amlegal.com/nxt/gateway.dll/Minnesota/smichael/cityof f=templates$fn=default.htm$3.0$vid=amlegal:stmichael_mn Ham Lake NO, only in R-A rural agriculture with 5 acres http://www.ci.ham-lake.mn.us/docs/article05.pdf Dayton YES-with CUP in R-2 http://www.amlegal.com/nxt/gateway.dll/Minnesota/dayton_mn/day f=templates$fn=default.htm$3.0$vid=amlegal:dayton_mn http://www.cityofdaytonmn. 20regarding%20Farm% 20Animals.pdf http://www f=template $vid=amleg Andover YES_with restrictions http://files.andovermn.net/pdfs/Clerk/CityCode/TITLE_12_Zoning_ Champlin NO http://library1.municode.com/default-now/home.htm? infobase=14283&doc_action=whatsnew Blaine NO Domestic farm animals, including cattle, horses, sheep, goats and chickens are only permitted in Agricultural (AG) and Farm Residential (FR) zoning districts Roseville YES http://www.cityofroseville.com/index.aspx?NID=1677 Brooklyn Park NO http://www.amlegal.com/nxt/gateway.dll/Minnesota/brooklyn/brook f=templates$fn=default.htm$3.0$vid=amlegal:brooklynpark_mn Fridley YES-just passed http://www.ci.fridley.mn.us/images/article-files/citycode/100% 20Health,%20Safety%20and% 20Welfare/Ch_101_Animal_Control.pdf http://fridley.patch.com/artic -council-oks-backyard- chickens#photo-5798490 Plymouth NO-only in FRD future restricted development http://plymouthmn.gov/Modules/ShowDocument.aspx? documentid=754 Brooklyn Park NO http://www.amlegal.com/nxt/gateway.dll/Minnesota/brooklyn/brook f=templates$fn=default.htm$3.0$vid=amlegal:brooklynpark_mn Minnetonka Yes-1 per .10 acres http://www.amlegal.com/nxt/gateway.dll/Minnesota/minneton/cityo f=templates$fn=default.htm$3.0 $vid=amlegal:minnetonka_mn$anc= Maple Grove NO- at least 1 acre http://library.municode.com/index.aspx? clientId=13556&stateId=23&stateName=Minnesota Shorewood MAYBE-no laws against? Vadnais Heights 1 acre required http://www.cityvadnaisheights.com/Government/City- Code/Zoning-Code.aspx New Brighton No rules? Thank you for your question in regards to backyard chickens. New Brighton ordinance currently does not address chickens. There is a nuisance code which may address many concerns if someone had chickens and didn’t take care of them but it is not specifically addressed at this time. If someone keeps chickens they would be required to ensure they don’t become a nuisance because of odor or noise. Let me know if you have any other questions. Lexington NO Burnsville YES http://www.sterlingcodifiers.com/codebook/index.php? book_id=468 Richfield YES-up to three in residential zoning http://www.cityofrichfield.org/Residents/Codes/docs/ch09.pdf Saint Paul Park YES http://www.stpaulpark.govoffice.com/vertical/Sites/% 7B917EB38B-D67A-4E8B-9D54-1241156F27C8%7D/uploads/% 7B30F853F7-2F51-46FE-9884-9CB6FBAAD5ED%7D.PDF Newport YES http://www.ci.newport.mn.us/documents/Chapter6Animals.pdf Mounds View NO http://www.ci.mounds-view.mn.us/vertical/Sites/%7B9DACB450- 86B3-4304-946D-6016EF70E9E3%7D/uploads/%7B226EF007- 3579-4362-BD2A-3CC9A0EC8557%7D.PDF North Saint Paul NO § 95.24 EXOTIC PETS/NON-DOMESTIC ANIMALS. No person shall harbor any exotic or non- domestic pets, nor build, maintain or use a structure for the keeping of such animals within the city limits. Bloomington YES http://www.ci.bloomington.mn.us/code/index.php/o/page/p/1119 Robbinsdale YES-with permit http://www.ci.robbinsdale.mn.us/Download/City% 20Code/Chapter%209.pdf Saint Anthony NO-Not closer than 500 ft of any building or property http://www.ci.saint-anthony.mn.us/vertical/Sites/%7B5ED4AFB9- D450-4F68-BA29-2600D3C2A620%7D/uploads/%7BED535969- 1E1F-4A2F-BE7B-6B456E2C9227%7D.PDF Falcon Heights No law against? Columbia Heights No law against? Page 1 of 1Chicken Laws for Minnesota Cities 12/10/2012https://spreadsheets.google.com/spreadsheet/pub?hl=en_US&hl=en_US&key=0AkE_sjjr...