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CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO.08-100 AN ORDINANCE AMENDING THE ZONING CODE CONCERNING LIVESTOCK AND KENNELS AND ALSO AMENDING THE ANIMALS CHAPTER OF THE GENERAL REGULATIONS OF THE CITY OF LAKE ELMO SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, by repealing City Code Section 154.914 in its entirety. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title IX: General Regulations; Chapter 95: Animals, by adding the following language: ARTICLE IV. LIVESTOCK § 95.50 LIVESTOCK. (A) Purpose. The purpose of the following sections are to promote and preserve the natural resources within the City of Lake Elmo by regulating the keeping of livestock. Erosion as a result of overgrazing and leeching of manure into groundwater have adverse and potentially irreversible impacts on water quality and environmentally sensitive lands. (B) Prohibition of manure deposition without safeguards. No manure or livestock waste shall be deposited, stored, kept, or allowed to remain upon any site without reasonable safeguards adequate to prevent the escape or movement of the manure or wastes or a solution of the manure or wastes from the site which may result in pollution of any public waters or any health hazard. (C) Pollution Control Agency standard minimum requirement. All regulations imposed by the Minnesota Pollution Control Agency relating to keeping of livestock shall be adhered to and the regulations shall be considered the minimum safeguard necessary to prevent pollution of public water or creation of a health hazard. (D) Inadequate safeguards. In case the Zoning Administrator shall find that any manure is stored or kept on any lot or storage site without a safeguard, or that any existing safeguard is inadequate, the Zoning Administrator may order the owner or other responsible person to immediately remove the manure from the storage site and refrain from further storage or keeping of any manure at the site unless and until an adequate safeguard is provided. (E) Hazards and nuisances. On parcels of less than 40 acres which are not part of a larger crop -producing commercial agricultural farm, the keeping of horses, cattle, or other grazing animals on a site with less than 2 acres of existing grazable land per animal is, by this section, declared to be a nuisance. No domestic farm animals; or livestock, other than chickens or bees, shall be allowed on any parcel of less than 5 acres. No commercial kennels shall be placed on any site of less than 10 acres. (F) Grazable acres. Grazable acreage shall be defined as open, non -treed acreage 1