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HomeMy WebLinkAbout# 13 Ordinance 08-177 Related to the Keeping of Chickens STAFF REPORT DATE: June 20, 2017 CONSENT ITEM #: 13 AGENDA ITEM: Approval of Ordinance No. 08-177 amending the city’s provisions related to the keeping of chickens. SUBMITTED BY: Julie Johnson, City Clerk Adam Huesman, Administration Intern ISSUE BEFORE COUNCIL: Should the City Council approve Ordinance No. 08-177. BACKGROUND: The city clerk has been informed by residents on multiple occasions that the minimum height requirement for chicken coops as currently outlined in parts I and J of Section 95.111 of the City Code limits residents’ ability to utilize prefabricated chicken coop kits. The current minimum height requirement is six feet, but the prefabricated coops generally range between four to six feet in height. PROPOSAL DETAILS/ANALYSIS: In contrast to The City of Lake Elmo’s minimum height requirement of six feet, the cities of Golden Valley and Shakopee code state that coops may not exceed six feet in height. Rather than dictating a minimum height, they set a height limit. Additionally, the City of Stillwater’s chicken keeping code does not mention height requirements. The minimum height of six feet was established by The City of Lake Elmo to allow for ease of cleaning and maintenance. Staff believes that a minimum height of 4 feet would allow adequate room for cleaning, maintenance, and free movement of the chickens, while greatly expanding residents’ options for purchasing prefabricated chicken coop kits. We find that prefabricated chicken coop kits are an esthetically pleasing, and sound alternative to resident designed and built coops. FISCAL IMPACT: None RECOMMENDATION: Staff is recommending that the City Council approve Ordinance No. 08-177 as part of the consent agenda. The recommended motion for the action is as follows: “Move to approve Ordinance No. 08-177 amending Section 95.111 related to the keeping of chickens.” ATTACHMENTS: 1. Ordinance No. 08-177 2. Prefabricated Chicken Coop Examples CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-177 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING THE CITY’S PROVISIONS RELATED TO THE KEEPING OF CHICKENS SECTION 1. The City Council of the City of Lake Elmo hereby amends Section 95.111 of the City Code by adding the underlined language and deleting the stricken language as follows: § 95.111 PERMIT CONDITIONS. Each person keeping chickens within the City of Lake Elmo shall comply with the following: (A) No person may keep a rooster or crowing hen. (B) No person may allow chickens to range freely without fencing or without a mobile pen. (C) No person may keep chickens inside the house or attached garage. (D) Chickens must be provided a secure and well ventilated roofed structure (“chicken coop”). (E) The roofed structure and required fencing 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. (F) The roofed structure shall be fully enclosed, wind proof, and have sufficient windows for natural light. (G) Chickens, coops, and/or runs shall not be kept in such a manner as to constitute a nuisance. (H) The chicken coop and run shall be kept in good repair as to be in compliance with the property maintenance regulations elsewhere in the code. (I) All chicken coops must have a minimum size of 4 square feet per bird and must be at least 6 feet in height to allow access for cleaning and maintenance. 4 feet in height. (J) Fenced in chicken runs must have a minimum of 10 square feet per bird and must be at least 6 feet in height to allow access for cleaning and maintenance. 4 feet in height. (K) All butchering waste shall be disposed of in a sanitary manner. (L) Dead chickens must be disposed of according to the Minnesota Board of Animal Health rules which require chicken carcasses to be disposed of as soon as possible after death, usually within 48 to 72 hours. Legal forms of chicken carcass disposal include burial, off-site incineration or rendering, or composting. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance No. 08-177 was adopted on this 20th day of June 2017. LAKE ELMO CITY COUNCIL ___________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance ________ was published on the _____ day of _________________, 2017.