Loading...
5.5 PCSR 04-25-2017Request for Action ToItem Number Planning Commission5.5 Agenda Section Meeting DatePrepared by Public HearingsApril 25, 2017BrieAnna Simon, Planner Item Description Reviewed by City of Elk River Ordinance AmendmentChris Leeseberg, SeniorPlanner Ordinance amendment to expand opportunities Reviewed by for the keeping of chickens in residential areas, Zack Carlton, Planning Manager Case No. OA 17-03 Action Requested Discuss the proposed regulations regarding the keeping of chicke Recommend, by motion, approval of the proposed Ordinance Amendment, and direct staff to make any appropriate changes. . Why is this amendment being proposed? Every year staff receives numerous calls asking if chickens are permitted within the urban specifically on lot sizes less than five acres in size. The ordinance currently requires five acres of land and a Conditional Use Permit (CUP) for lots within the urban service district to h urban service district, chickens are permitted on properties lesCUP. If the a property is greater than five acres in size outside of the urban service district, chickens are permitted and the number of chickens can be doubled with a CUP. On all propert property lot size and required permitting is obtained, the prope animal units per one acres of fenced pasture land or 100 chickens per one acr Staff brought this information to the City Council during a work ordinance, and staff was directed to look into a possible amendmTwosurveysrequesting resident feedback were also posted to the citys social media pages. The results of those surveys are described below. What is the public benefit? Based on the support shown in the first survey, residents would like to see the keeping of chickens expanded to smaller lots, specifically those below 2.5 acres in district. Additionally, the survey asked questions on the number of chickens permitted, specific regulations on the keeping of chickens, and permitting requirements. This survey was open to everyone, not just residents of Elk River. After eliminating duplicates, t6responses with 70 percent of those surveyed in favor of permitting chickens on smaller lot sizes. Of the survey participants 71 percent said they are in favor of permitting chickens on lots below the current minimum of 5 acres. After the Planning Commission meeting on March 28, 2017, a second survey was posted to the citys social media to receive feedback on regulations specific to discussions from the first public hearin. This survey was open to everyone, not just residents of Elk River. Af presented 135 responses.The survey resulted in approximately 50/50 responses for permitting chickens on lot sizes less than 5 acres. These surveys are not statistically valid but staff has referenced the results to help influence the proposed ordinance.Staff has also been contacted by residents concerned about the proposed ordinance and impacts to their properties. Their specific concerns include free range chickens, which are not permitted with this ordinance. The proposed amendment expands opportunities for the keeping of ludes regulations intended to reduce impacts to neighboring properties. Background/Discussion City staff reviewed all of the survey results and compared those to zoning regulations fromnearby and similar cities. The cities inventoried include: Otsego Hastings RamseyBurnsville Anoka Rochester Jordan Shoreview Shakopee Other cities in the area were reviewed (e.g., Big Lake, St. Michael, and Rogers), however chickens on smaller lot sizes are not permitted in these communities. Staff modified regulations from the above communities to fit our communitys desires, and to address concerns of noise, pests, odor, waste management, and predators expressed in the survey. Number of Chickens Staff recommends allowinga total of 12 chickens on lots all lots 2.5 to 5 acres in size regardless of zoning.These are the lots that can be located within the urban service district (i.e., R1-b, R1-c, and R1-d zoning district) or on lots located outside the urban service district (i.e., R1-a zoning district). Staff also recommends allowing this number to be increased with a CUP to match the existing agricultural animal units. Chickens would not be permitted to roam the property, and must b Chicken Coop and Run Staff recommends requiring a fully enclosed run and coop, which must be located in the rear yard. Additionally, to reduce impactsof animals and rodents, staff recommends the following: The coop and run shall meet all building and zoning codes. This includes coops not exceeding 200 square feet. The entire coop and run areas will need to be in a complete enclosure, including protective overhead netting to defend against other predators. Staff recommends using hardware cloth to enclose the run area. Hardware cloth will be extended 1 foot at 90 degrees at the base predators. The coop and run area will need to maintain sanitary conditions. The intent of the following regulations is to protect neighbors encompass the entire rear yard area. The chicken coop size will be no larger than 10 square feet per chicken with a maximum height allowed for accessory structures in the zoning district o. N:\Departments\Community Development\Planning\Case Files\OA\OA 17-03 Chickens\4-Planning Commission\PC 04-25-17\5.5_OA 17-03 sr PC 03-28-17.docx Coops must be elevated a minimum of 12 inches and maximum of 24 grade to provide adequate circulation.The floor of the coop must be constructed of rodent resistant material. The run size will be no larger than 20 square feet per chicken. The run is to be constructed of weather resistant wood and wire material (i.e., hardware cloth) to completely enclose the facility. Setbacks Staff recommends limiting the location of coops and runs to the 10 foot setback from side and rear property lines. If the proper be required from all property lines fronting a street. Coops and runs may not be located in drainage and utility easements and need to meet all accessory structures requ The coop will count towards the permitted garage size and towards thssory structures. This limit will typically be two structures and a total of 1,200 from adjacent inhabited structures is proposed. This includes ne Additionally, staff is recommending the location of coops and runs to maintain the 45 foot setback from wetlands and stormwater ponds on all lots. This setback area is animals and water quality. See the attached memo from the Stormwntal Coordinator for more information. Fencing Staff is not looking to require a secondary fence (opaque or transparent) for chickens on lots 2.5 acres or greater. Staff does recommend chickens maintain a 25 foot setback from wetlands and stormwater to ensure the safety of the animals and water quality. See the a Coordinator and Environmental Coordinator for more information. Additional Requirements Staff recommends prohibiting roosters, guinea fowls,and animals running at large (free range). Roosters may be permitted on lots 2.5 to 5 acres with a CUP as permitted in the code. This is important to control noise levels and reduce the impacts to residents on other properties. A CUP will provide a public hearing and a chance to inform neighbors of the proposed animals on the All grains, feed, and manure are to be stored in rodent-proof containers and disposed of properlyand promptly. Animals will be prohibited in the garage, house or accessory dwelling units of a property. The slaughtering of animals will also be prohibited. Additionally, manure may not be stored within 45 feet of all wetlands and stormwater ponds. This setback area is important to ensure water quality. Maintaining the 45 foot buffer area will help protect the water bodies from fecal contamination due to run off. Permitting Staff recommends no permit for the first 12 chickens on parcels 2.5 acres or greater. A CUP obtained to increase the number of chickens to meet the existing agricultural animal units or to permit roosters or guinea fowl. Similar to shedsless than 200 square feet, it will be the property owners responsibility to meet all of the ordinance requirements. Sites pursue enforcement measures. N:\Departments\Community Development\Planning\Case Files\OA\OA 17-03 Chickens\4-Planning Commission\PC 04-25-17\5.5_OA 17-03 sr PC 03-28-17.docx Overview of the Proposed Ordinance (1)No chickens are permitted on parcels below 2.5 acres in size. (2)A total of 12 chickens are allowed on parcels 2.5 acres to 5 acrin size. The number of chickens can be increased with a CUP to the agricultural animal standards outlined in Section 30-803. (3)No roosters on parcels 2.5 acres to 5 acres in size, unless a CUP is granted. (4)Every person who owns, controls, keeps, maintains, or harbors ch confined at all times in a chicken coop or chicken run on the premise. Chickens are not allowed in any part of a house or accessory structures. (5)No chicken coop or run shall be constructed on any parcel of land before co principal building. (6)All chicken coops and runs must comply with all applicable building and zoning codes and regulations. (7)A chicken coop and run will be considered an accessory structure and will count towards total lot coverage. (8)A chicken coop and run cannot be located in the front or side ya front yard setbacks from all property lines adjacent to right-of-ways. (9)A chicken coop and run must be setback at least 25 feet from any residential structure on any adjacent lot and at least 10 feet from the property line. (10)A chicken coop and run may not be located within 45 feet of a wetland or stormwater pond. (11)A chicken coop may be no larger than 10 square feet per chicken and may not exceed 6 feet in height. A chicken coop must be elevated a minimum of 12 inches a above grade to ensure circulation beneath the coop. A chicken cot flooring. (12)A chicken run cannot exceed 20 square feet per chicken and the f in height. A chicken run must have a protective overhead netting to keep th separated from other animals. (13)A chicken coop and run must be completely enclosed. A chicken coop and run may be enclosed with weather resistant wood or woven wire materials, and may allow chickens to contact the ground. Hardware cloth or similar material will extend1 foot at 90 degrees at the base of the coop and run area to protect from predators. (14)Chicken grains and feed must be stored in rodent-proof containers. (15)No chicken may be kept or raised in a manner as to cause injury other property in the vicinity by reason of noise, odor, or filt. (16)The slaughtering of chickens is prohibited. Financial Impact None Council Meeting If acted on, this item will go to the May 15, 2017, City Council meeting. Attachments March 28, 2017 Planning Commission Staff Memo Second Survey Results Stormwater Coordinator and Environmental Coordinator Memo N:\Departments\Community Development\Planning\Case Files\OA\OA 17-03 Chickens\4-Planning Commission\PC 04-25-17\5.5_OA 17-03 sr PC 03-28-17.docx Request for Action To Item Number Planning Commission 6.8 Agenda Section Meeting Date Prepared by Public HearingsMarch 28, 2017BrieAnna Simon, Planner Item Description Reviewed by City of Elk River Ordinance Amendment Chris Leeseberg, Senior Planner Ordinance amendment to expand opportunities Reviewed by for the keeping of chickens in residential areas, Zack Carlton, Planning Manager Case No. OA 17-03 Action Requested Recommend, by motion, approval of the Ordinance Amendment as proposed. Why is this amendment being proposed? Every year staff receives numerous calls asking if chickens are permitted within the urban specifically on lot sizes less than five acres in size. The ordinance currently requires five acres of land and a Conditional Use Permit (CUP) for lots within the urban service urban service district, chickens are permitted on properties less than five acres in size with a Conditional Use Permit. If the a property is greater than five acres in size chickens are permitted and the number of chickens can be doubled within the City of Elk River, if the property lot size and required per permitted to have 0.01 animal units per one acres of fenced past fenced pasture land. Staff brought this information to the City Council during a work session to discuss ordinance, and staff was directed to look into a possible amendm vey are described below, but there is support for allowing chickens on properties of all What is the public benefit? Based on the support shown in the survey, a majority of resident chickens expanded to smaller lots, specifically those below 2.5 district. Additionally, the survey asked questions on the number of chickens to allow, specific regulations on the keeping of chickens, and permitting requirements. This survey was open to everyone, not just residents of Elk River. After eliminating duplicates, the survey6 responses with 70 percent of those surveyed in favor of permitting chickens on smaller lotOf the survey participants 89 percent lived in the City of Elk River, of which 71 percent said on smaller lot sizes. The proposed amendment expands opportunities for the keeping of chickens intended to reduce impacts to neighboring properties. Background/Discussion With the majority of those surveyed in favor of permitting chickzes, city staff reviewed all of the survey results and compared those to zoning regulations from nearby and similar cities. The cities inventoried include: Otsego Hastings Ramsey Burnsville Anoka Rochester Jordan Shoreview Shakopee Other cities in the area were reviewed (e.g., Big Lake, St. Michael, and Rogers), however chickens on smaller lot sizes are not permitted in these communities. Staff modified regulations from the above communities to fit our communities desires, and t address concerns of noise, pests, odor, waste management, and predators expressed in the survey. Number of Chickens Survey Results Number of Chickens Lot Size of Those in Support Survey Results of Urban Chickens Survey Results 3% V Less Than 0.3 0 19% Acres 29% 1-3 0.3 to 2.5 V Acres 13% 4-6 Greater Than 7-10 2.5 Acres  V 36% Blank Other City Code Research Minnesota City Chickens Per Acre Minimum Lot Size Anoka 4 Total Max 0 Burnsville 4 Total Max 0 Hastings 4 Per Acre 1 acre Jordan 4 Total Max 10,000 square feet Otsego 10 Per Acre 0 6-48 (Less than 3 Acres) Sliding Scale Ramsey 0 0.04 Units (Greater Than 3 Acres) 3 Total Max Rochester 0 12 Max - Education/Institutional Use Shakopee 5 Total Max 0 4 Total Max 0 Shoreview Greater than 4 2 acres or more with CUP N:\Departments\Community Development\Planning\Case Files\OA\OA 17-03 Chickens\4-Planning Commission\OA 17-03 sr PC 03-28-17.docx Recommendation Staff recommends allowing a total of 4 chickens on lots all lots less than 2.5 acres. These are the lots that will typically be located in the urban service district (i.e., R1-b, R1-c, and R1-d zoning district) or on lots with shared sewer and water in the Open Space Preservation zoning district. Staff also recommends allowing 12 chickens without a CUP on parcels above 2.5 acres, but below five acres outside of the of the urban service district (i.e., R1-a zoning district). These lots would need to follow the same permitting and design standards as those identified for smaller lot sizes. This number can be increased with a CUP to meet the existing agricultural animal regulations. Setbacks Survey Results Setback Requirments Survey Results 4% On the property line 15% At least 5 feet 29% At least 10 feet 30% At least 20 feet 22% Blank City Code Research Adjacent Inhabited Minnesota City Property Lines (min) Structures (min) Anoka 5' 5' Burnsville 10' 50' Hastings 25' 25' Jordan 25' 25' Required Setbacks of Principal Buildings Otsego in Respective Zoning District - Doubled Side Yard Setback Ramsey 10' 30' Rochester Meet accessory structure setbacks 25' Shakopee 10' 50' Shoreview Meet accessory structure setbacks 30' Recommendation Staff recommends limiting the location of coops and runs to be t, and requiring a 10 foot setback from side and rear property lines. If the property is a corner lot, front yard setbacks will be required from all property lines adjacent to streets. Coops and runs may not be located in drainage and utility easements and need to meet all additional accessory structures requirements outlined in the zoning code. The coop and run area will count towards total lot coverage. Additionally, a 25 foot setback from adjacent inhabited structures is proposed. This includes neighboring homes. N:\Departments\Community Development\Planning\Case Files\OA\OA 17-03 Chickens\4-Planning Commission\OA 17-03 sr PC 03-28-17.docx Additionally, staff is recommending the location of coops and runs to maintain the 45 foot setbackon all lots within the City of Elk River from wetlands and stormwater p This setback area is important to ensure the safety of the animals and water quality. See the atta Coordinator and Environmental Coordinator for more information. Fencing Survey Results Fence Requirements Survey Results 2% Require fences (chain link 22% ortransparent fence material) Require 100 percent opaque fences(cannot see through) 9% Allow Free Range 67% Blank City Code Research Minnesota City Fencing Anoka Fully Enclosed Facilities Fully Screened with Solid Fence or Landscaped Buffer - Min of 4' Burnsville height and Max 6' height Hastings Fully Enclosed Facilities Jordan Fully Enclosed and Covered Facilities Otsego Fully Fenced Outdoor Yard Fully Fenced Exercise Area Ramsey Non-opaque fencing - 10' setback from all property lines Fully Screened with Solid Fence or Landscaped Buffer - Min of 4' Rochester height and Max 6' height Fully Screened with Solid Fence or Landscaped Buffer - Min of 4' Shakopee height and Max 6' height Shoreview Fully Enclosed Facilities Recommendation Staff recommends requiring a fully enclosed run and coop area with a 100 percent opaque fence. The opaque fence will improve safety of the chickens from predators and neighboring animals (e.g., dogs) by eliminating them from view. Staff is open to discussing additional screening or secondary fences and landscaped buffers, but would like the Planning CommissionHaving the yard fully fenced may help prevent chickens from running loose if one/multiple get out of the coop and run area, further reducing potential conflicts with other animals. N:\Departments\Community Development\Planning\Case Files\OA\OA 17-03 Chickens\4-Planning Commission\OA 17-03 sr PC 03-28-17.docx Additionally, staff is recommends fencing for chicken run areas maintain a 25 foot setback from wetlands and stormwater ponds. This setback area is important to ensure t quality. See the attached memo from the Stormwater Coordinator a more information. Chicken Coop and Run Concerns identified in the survey included noise, pests, odor, w and run design requirements are important to help alleviate thes among cities inventoried. City Code Research Minnesota City Coop and Run Restrictions Comply with Zoning and Building Codes Anoka Clean, sanitary, fully enclosed Must meet all building and zoning codes Backyard only Coop-max 10 sqft/chicken and max height 6 ft Burnsville Coop-Elevated min of 12 in/max 24 in above grade for circulation Run-Not exceed 20 sqft/chicken Run-wood or woven wire material Protective overhead netting to separate from other animals Completely covered enclosure to protect from elements and predators Hastings Solid floor Maintain sanitary conditions Located in Rear Yard Jordan Max Coop Size of 40 sqft - min 4 sqft per chicken Max height of 10' Otsego Located in Rear Yard Ramsey - Coop-max 10 sqft/chicken and max height 6 ft Coop-elevated at least 24 in Coop-floor constructed using rodent resistant concrete Rochester Run-Not exceed 20 sqft/chicken Run-wood or woven wire material Protective overhead netting to separate from other animals Maintain sanitary conditions Backyard only Coop-No larger than 10 sqft/chicken and max height 6 ft Coop-Elevated min of 12 in/max 24 in above grade for circulation Shakopee Run-Not exceed 20 sqft/chicken Run-wood or woven wire material Protective overhead netting to separate from other animals Must meet all building and zoning codes for accessory structures Maintain sanitary conditions Shoreview Not placed in front yard Not placed in side yard abutting a street N:\Departments\Community Development\Planning\Case Files\OA\OA 17-03 Chickens\4-Planning Commission\OA 17-03 sr PC 03-28-17.docx RecommendationCoop and run area Staff recommends requiring chicken coop and runs to only be permitted in the rear yard. Additionally, to reduce impacts of animals and rodents, staff recommends the following: The coop and run shall meet all building and zoning codes. This includes permits for coops and runs exceeding 200 square feet. The entire coop and run areas will need to be in a complete encl protective overhead netting to protect from other animals for ru The coop and run area will need to maintain sanitary conditions. Due to the mixed results of the survey, the following recommendas are put in place to ensure chicken coops and runs do not encompass the entire rear yard, along with establishing an atheistic standard. The chicken coop size will be no larger than 10 square feet per chicken with a maximum height of six feet Since the maximum height fence for residential properties withou height of the coop should be six feet to ensure it does not exceed the fence height. Coops must be elevated a minimum of 12 inches and maximum of 24 inches above grade to provide adequate circulation. The floor of the coop must be constructed of rodent resistant material. The run size will be no larger than 20 square feet per chicken. The run is to be constructed of wood and wire material to completely encl the facility. Additional Requirements City Code Research Minnesota City Additional Restrictions Anoka No Roosters No Roosters Principal building required on property Burnsville Grains and feed stored in rodent-proof containers Cannot run at large Not allowed in home and/or garage No roosters Hastings Food containers and feeders must not be accessible to rodents an wild birds Jordan No Roosters Otsego No Roosters, Male Peacocks or Water Fowl Ramsey No Roosters No roosters Rochester Feed and manure must keep rodent and raccoon proof containers an not placed in yard compost piles Principal building required on property Grains and feed stored in rodent-proof containers Shakopee Cannot run at large Not allowed in home and/or garage No roosters (lot size less than 2 acres) No slaughtering Cannot run at large Shoreview Food materials stored outside must be in closed containers with lids Not raised or kept for fighting No cockfighting N:\Departments\Community Development\Planning\Case Files\OA\OA 17-03 Chickens\4-Planning Commission\OA 17-03 sr PC 03-28-17.docx Recommendation Staff recommends requiring a principle building on the property to ensure animals are looke times. Additionally, staff recommends prohibiting roosters, guinea fowls, and animals running at large (free range). This is important to control noise levels and reduce the impacts to residents on other properties. All grains, feed, and manure are to be stored in rod-proof containers and disposed of properly and promptly. Animals will be prohibited in the garage, house or accessory dwelling units of a property. The slaughtering of animals will also be prohibited. Additionally, manure may not be stored within 45 feet of all wetlands and stormwater ponds. This setback area is important to ensure water quality. Maintaining the 45 foot buffer area will help protect the water bodies from fecal contamination due to run off. Permitting Survey Results Permitting 2% Yes, application and chicken tags 9% only (similar to dog license) Yes, application and site inspection 28% 44% Yes, review with public notices,public hearing, and approval by CityCouncil (conditional use permit) 17% No permitting required Notified if Neighbor Applying for Chicken Permits 3% 36% Yes No Blank 61% N:\Departments\Community Development\Planning\Case Files\OA\OA 17-03 Chickens\4-Planning Commission\OA 17-03 sr PC 03-28-17.docx City Code Research Minnesota City Permitting/ Licensing Anoka No Permit/ License $50 License Fee Burnsville 2 year permit Police Department Enforce Licenses approved by City Council Notify property owners within 350' of Planning Commission meeting Not run with land or transferable Hastings Staff inspect property prior 1 year probationary period before fully grant Annual license fee Backyard Chicken Permit Jordan Tags required for each chicken Otsego Fowl Keeping License Ramsey Fee Title Permit Required 2 year permit Rochester Granted by common council Provide scaled diagram and locations of coop, run, distance from property lines, structures and sizes Shakopee No License Required to City Manager Shoreview 2 year permit Minnesota City Impounding Restrictions Burnsville 10 days 5 business days Hastings Failure to claim revoke license Rochester Suspended or revoked permit by council action guilty of misdemeanor Shakopee 3 business days Recommendation Staff recommends requiring a two year permit, site inspection, and tags for each chicken. An initial site inspection will be conducted prior to approval of the permit. Wi, the coop, run and fenced area will need to be installed prior to a permit and chicken tags being issued. Staff also recommends tagging the chickens. The cost of the permit is anticipated to c the tags and site inspection. These tags will help code enforcement personnel easily detect those who do verses those who do not have a permit. It will also help to return chickens to their rightful owner if they get loose. The first time a loose chicken is identified, staff will work wi enclosure. The second offence will result in a suspended or revoked permit. Without tags it may be difficult to identify whose animals are loose and increased time to identify who does/does not have a permit for code enforcement. N:\Departments\Community Development\Planning\Case Files\OA\OA 17-03 Chickens\4-Planning Commission\OA 17-03 sr PC 03-28-17.docx Overview of the Proposed Ordinance (1) No roosters or guinea fowl. (2) No more than 4 chickens are allowed on parcels below 2.5 acres in size. (3)A total of 12 chickens are allowed on parcels 2.5 acres to 5 acrin size. The number of chickens can be increased with a conditional use permit for this in the urban service area. (4)Every person who owns, controls, keeps, maintains, or harbors ch confined on the premises at all times in a chicken coop or chickChickens are not allowed in any part of a house or accessory structure. (5)No chicken coop or run shall be constructed on any parcel of lan principal building. (6)All chicken coops and runs must comply with all applicable building and zoning codes and regulations. (7)A chicken coop and run will be considered an accessory structure and will count towards total lot coverage. (8)A chicken coop and run cannot be located in the front or side ya front yard setbacks from all property lines adjacent to right-of-ways. (9)A chicken coop and run must be setback at least 25 feet from any residential adjacent lot and at least 10 feet from the property line. (10)A chicken coop and run may not be located within 45 feet of a wetland or stormwater pond. (11)A chicken coop and run must be completely screened from view with an opaque fencing. (12)A chicken coop may be no larger than 10 square feet per chicken and may not exceed 6 feet in height. A chicken coop must be elevated a minimum of 12 inches a inches above grade to ensure circulation beneath the coop. A chicken coop must have ro resistant flooring. (13)A chicken run cannot exceed 20 square feet per chicken and the f in height. A chicken run may be enclosed with wood or woven wires, and may allow chickens to contact the ground. A chicken run must have a protec keep the chickens separated from other animals. (14)Chicken grains and feed must be stored in rodent-proof containers. (15)No chicken may be kept or raised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason of noise, odor, or filt Financial Impact None, the permit fee will cover the time necessary to inspect and ad Council Meeting If acted on, this item will go to the April 17, 2017, City Council meeting. Attachments City Code Requirements Review Survey Questions Survey Results Stormwater Coordinator and Environmental Coordinator Memo N:\Departments\Community Development\Planning\Case Files\OA\OA 17-03 Chickens\4-Planning Commission\OA 17-03 sr PC 03-28-17.docx Survey Results 1.The keeping of chickens on parcels less than 1/2 acre will not b Prohibit Chickens on Lots Less Than 1/2 Acre 44% Agree 56% Disagree Agree Disagree Way too close to neighbors and children Most of the homes in Elk River are on less than half an acre! Chickens do NOT need much land. As for proximity to neighbors and noise concerns, chickens are far less noisy than a barking dog. Chickens are meant to roam. I think it should be permitted. That is incredibly restrictive. The city don't take care of the dog problem why add Urban farming should not be limited to individuals with more problems acreage restrictions. No If you are trying to limit owners to four hens I really don't see why a small yard can't handle this Agree No more than 4 chickens NO ROOSTERS on less than 1/2 acre. Good! Disagree Yes! Houses are too close together! I disagree because chickens belong in the country, not within city limits. If they are that close to neighbors, it may get stinky or It's privately owned property, stay out of it. noisy Agree. You should lower the limit of chickens for this size of property. Only if they get a permit and approval of Let everyone have some chickens shelter/location on property. Half an acre (or less) is not proper area in which to 6 hens on city lots can be well maintained with fenced have a decent size chicken coop and fenced in place lots and proper housing outdoors to run. would be permitted for hens only.Why does the size of the lot matter? Just keep them a certain distance from property lines. Agree. Even some hens can be noisy. This will eliminate most people. Chickens should not be allowed in neighborhoods. Why not smaller fenced in yards? They are great for You should have to have 1+ acres to have a chicken. insect and mosquito control. They are restricted to the homeowners property. Less lawn chemicals are used on lots where people have chickens, which is something the city promotes. Page 1 Agree Disagree Good. Chickens don't belong in non-farm Many cities allow keeping of chickens on less than a 1/2 environments. While it's a current fad the fact is acre, including the city of Minneapolis, among others. people abandon them, there are chicken shelters all Hens are quiet, each to care for, and a great way to teach over the country because of that. Also, neighbors have children responsibility and where our food comes from. no choice in living with these dirty, noisy animals being Limiting to over 1/2 acre limits most homes in the cities. next to them. They are NOT the same as dogs. Decreases house values next to it. People buying a city I would agree if this was 'free-range' chickens. However, sized lot and building a nice home on it certainly do fully contained chicken coops (such as are purchased at not expect to have chickens running around within 10 Fleet Farm or Tractor Supply can house 4 - 6 hens nicely feet of their property. When it comes to resale of a with easy upkeep. They take up space no larger than 6' x more expensive home and if there is a homemade 8'. chicken coop, unpainted outside your window buyers will not give your home a second look. If people want to raise chickens they should buy a hobby farm or a much larger parcel of land and landscape and build hedges around it. If the person gets agreement from all surrounding neighbors within a specified distance, it should be allowed. I think you can have chickens but not roosters! Chickens are awesome pets for laying and keeping bugs away They don't hurt anything Chickens need very little space. Let people have the freedom to have laying hens. Roosters may be a nuisance. Why let them. If they want to have chickens let them. I feel that people should be able to have 2 chickens per person in the household: We needs less regulation This is America, you know "Land of the FREE." Not land of I can't do what I want on my own property that I worked and paid for! Nothing less than 2 acres should be permitted If there's no rooster and the place is kept clean, they should not be a problem If they are just having laying hens then I don't see why it matters on lot size if they only have 4. Page 2 2.The keeping of chickens on parcels between 1/2 and 1 acre is lim Limit to 4 Hens (0.5-1 Acres) 47% Agree 53% Disagree Agree Disagree It should be 1/4-1 acre. The allowance should be at least six on half and more for up to an acre at least six or more hens Agree Should be 6 hens. Potentially not all will live, and if you star may only end up with 2 which is not enough eggs for a small fami A limit is good to be in place to No! Houses are WAY too close together! Chickens are NOT domest help reduce overpopulation of the animals. I bought a city home, not a country home with farm ani chickens, noise, and smell next door :( Agree Why only 4? 4-6 Still too close to neighbors 6 The city don't take care of the dog problem why add more problem If out of city limits. I think that there should be a distinction between 'free-range' and fully contained coops. 4 hens for free range would be healthy for the hens and could be easily kept clean. If the homeowner had a fully contain example) no larger than 8' x 10', they should be able to house 8 Six hens or less would be preferred. You shouldn't count as long as they keep it clean 6 hens on any city lots can be well maintained with fenced lots housing Private property. Government should not be allowed to tell peopl chickens they're allowed to have. more than an acre is needed You should be able to keep more. Should not be allowed I would say 6 is easy on that amount of land. 10 would be easy. not that difficult to take care of. NO ROOSTERS Half an acre to an acre is more than sufficient to handle more tens I think chickens should only be allowed on 1+ acre Not agreed 6 No limit, provided the hens are for personal uses and not commer Page 3 Agree Disagree I think that is still too small of an area. If you want farm an to more acreage! On an acre of land a resident should be allowed to have up to 20 birds I would think 6 hens would be okay on 1 acre of land. No limit needed Should be less None Good. Chickens don't belong in non-farm environments. While it's a current fad the fact is people abandon them, there are chicken shelters all over the country because of that. Also, neighbors have no choice in livi dirty, noisy animals being next to them. They are NOT the same Again, we should have the freedom to do what we please. I think over 20 should be considered a farm, everything else should be fine. 6 seems okay. No chickens in city Lim ts No chickens in less than 1 acre. Nothing less than 2 acres should be permitted. Only parcels of 1+ should beallowed any chickens Should not allow any Should not allow any under 1 acre No chickens should be allowed in a housing development like TBF Even if they have a half acre. 1/2 acre is too small. An acre should still be landscaped to keit hidden. 3.The keeping of chickens on parcels between 1 and 2.5 acres is li Limit to 8 Hens (1-2.5 Acres) Agree 47% 53% Disagree Agree Disagree I would think a rooster would be You should easily be able to keep 20 plus chickens on between 1 okay on parcels of this size. of land That is reasonable 4 hens here is plenty Not unreasonable Why the limit on a large parcel? Agree A lot that large can handle more than eight hens without concern Agree Not within city limits. Page 4 Agree Disagree I 'd say that 8 -10 chickens could I think the limit should be 20 or more. If people are raising to be allowed on 2 -2.5 acres.keep them for 6-7 weeks then take in to get butchered I thinkthat there should be a distinction between 'free-range' and fully contained coops. 4 hens for free range would be healthy for the could be easily kept clean. If the homeowner had a fully contain example) no larger than 8' x 10', theyshould be able to house 8 hens. You shouldn't count as long as they keep it clean maybe 4 hens You should be able to keep more. None On that much land (2 1/2 acres) you could have upwards of 30 or chickens easily. On an acre you could have up to 15 easily No!!! Should be able to have as many as you want, just as long as they property and kept for. Maybe change the limit to 10-15 No limit they are paying taxes and should be able to have as man they want No limit. 12 hens No limit needed 2 Freedom There shouldn't be a limit 4 hens Nothing less than 2 acres should be permitted No limit Should allow none Depends on where you live. 4.The keeping of chickens on parcels between 2.5 and 5 acres is limited to 12 hens. Limit to 12 Hens (2.5-5 Acres) 46% Agree Disagree 54% Page 5 Agree Disagree Agree 5 acres is enough to have 50+ chickens Agree Should be able to have as many as they want. Agree. Same concern here as stated above Fine the city don't take care of the dog running free why add moreproblems Starting to look like a small It depends on if they are keeping them for meat and slaughter or business for egg sales but the zone eggs 12 is reasonable. For meat you process them in a few weeks is rural. would not be much for 5 acres You shouldn't count as long as they keep it clean Chickens do not belong within city limits. This is a bit too micromanaging. Maybe 8 hens If you have this much land you should be able to have a hobby fa take a look at nowthen limits. They are far more practical. Way too many Thats a small hobby farm. :) Seems that more could be kept on places with that acreage. With this kind of acres you should be able to have as many as yo as long as they are staying on property and being kept for with I would think up to 20 would be ok Tax payers No limit. Seems like too many chickens. No limit Roosters should also be allowed at this size yard No limit needed The limit should be higher - or no limit at all 2 Freedom Definitely shouldn't be a limit 5 acres is a lot to limit to 12. 8 hens No limit Page 6 5.The keeping of roosters and guinea fowl will be prohibited (comments). No Roosters and Guinea Fowl 29% Agree Disagree 71% Agree Disagree They are too noisy to be kept in a neighborhoodOn small acreage they should be prohibited because of the noise Unless they are a legal farm 1 rooster isn't unreasonable on large parcels (10 acres+) Agree Learn the birds before you regulate them Chickens do not belong within city limits.Above 2.5 acres they can be maintained in limited quantities The purpose of having chickens within the city limits the city don't take care of the dogs running free why would be for egg production. Roosters are not needed for would I think they will police chickens any better egg production. It does cost more to order only pullets, however, it is difficult to get rid of a rooster if you order straight run chicks. Guinea fowl and roosters are loud and would be a nuisance to neighbors. However, dogs barking are just as bad or worse. On the largest parcels in the survey, a rooster should be allowed. Not guinea fowl. Roosters should be allowed if on more than 2 acres!!! Roosters prohibited, guinea fowl in fenced area. Limit to one rooster Less regulation needed roosters should be allowed at a certain acreage -such as 5 Is this city wide? Because that's ridiculous if it's city wide. Page 7 6.Chickens must be contained within a coop or run at all times, an least 10 feet from any property line, and 25 feet from a residen Coops and runs also need to include a protective overhead covering. Coop Setbacks and Covering 33% Agree Disagree 67% Agree Disagree I think on some larger properties, they don't need to be What is the concern about free-range chickens in caged. Not sure what that magic number would be. I live someone's own yard? They are excellent for controlling on a 4 acre lot and my surrounding neighbors have about pests (especially ticks!) so there is this added benefit for 15 acres or more. Their chickens are on my property all owners if they are allowed to roam in the yard. the time, but I don't mind. Size should depend on number of hens/chickens Chickens are not meant to be confined. They need to be able to roam. Agree Chickens do not belong within city limits. I agreed to this for chickens on LT 1 acre, if that gets The city don't take care of the dogs running free why approved. I would prefer it not. For properties over 3 would I believe they will police chickens acres, I think the chickens could be let out during the day. Sounds standard for city restrictions, but I would say that You are really limiting where a set up could be placed. sounds unreasonable for acres 2.5 and above Who will enforce this, how much in tax dollars will this Why an overhead covering. Predation shouldn't be the cost? I see problems coming, big ones.city's concern. AgreeRuns shouldn't need to be covered. Mostly agree. However, if the neighbor's house is at least Should be more than 10 feet from any property lines. 25 feet away from the coop, I would think placing the They leave waste and make noise. TEN FEET from coop close to the property line would not be an issue, and property lines is NOT ENOUGH! Also will reduce would keep kids from entering a homeowner's yard to price values of homes next to it especially in a look in the coop. residential area with regular sizedcity lots. No chickens in city limits Who cares Permit and inspection for under 1 acre. Structure no! House yes. A garage or playhouse is a structure so they should not be considered! Need protection from animals on the prowl: Dogs, 10 feet is not enough from property line. Rest of Eagles, Fox, etc. statement sounds good. They should be able to run free on acre or more. free range chickens should be allowed at a certain acreage - such as 5 At what acreage? Less than 5 I'm ok with. Anything over 5 they should be able to do what they want. Page 8 Agree Disagree More distance should be mandatory How about minimum size of coop according to # of chickens. Otherwise you'll have completely copped up chickens inside very tiny coops. If I am outside Iallow my chickens to free range. If I am not outside they are contained within a run and an electric fence. Chickens will wander around my yard but never too far from the coop as they are always aware that they need to be near shelter. Have used a chicken tractor before. I never lock my chickens in a run unless we are out of town. Or in the winter. The coop and run SHOULD be at least 10 feet from property lines and 25 feet from houses. AGREE 7.Chicken coops shall be limited to 6 feet in height, will be considered an accessory structure, and must follow all setback standards described in the city code. Coop Height Regulations 36% Agree Disagree 64% Agree Disagree AgreeShould not be considered accessory structure especially if it ha Permanent structure. Dog houses are not so it is unfair to restrict chicken coops Agree No need to involve city staff in measuring a chicken coop It's a chicken coop... A chicken coop isn't any more exciting than a backyard shed. The go through that many hoops to have a few pets Take care of dog problem first Chickens do not belong within city limits. Because chickens spend most of their active time outside of the - 3 square feet per chicken is sufficient space inside a coop. You also will need to provide space to roost at night and space for the nesting boxes. No one puts a s Sheds can be taller, why not chicken coops? Who cares The coop is personal property and the city has no right wasting tax paying dollars trying to collect permit fees for these types of structures Page 9 Agree Disagree 7 feet Need to be high enough (7 ft.) for adult to walk in to check nes With this being considered a structure, I'd hope you aren't thinking of using this to raise property taxes for people that will have these on theirproperty. Why 6'? I think 8 The owner should have the right to build a coop based on their p 250 ft setback from property lines Freedom It's a chicken coop.... 8.The size of a chicken coop will be 10 square feet per chicken an Coop and Run Size Regulations 36% Agree Disagree 64% AgreeDisagree Not an expert here Again other pets are not subject to such strict rules this seems incredibly restrictive Agree Not sure on this one for the smaller lots. Would need a visual o would take on a 1/2 acre lot. If on 1+acre lot Sounds way to large Agree Take care of dog problem first Chickens only need Because chickens spend most of their active time outside of the 2.5 sq feet per chicken - 3 square feet per chicken is sufficient space. Remember, you wil in coop to roost at night and space for the nesting boxes. This would require people to ADD chickens to their flocks to mai coop/run. You should be able to get more or less chickens without needing of your coop. Chickens do not belong within city limits. Size shouldn't matter if it's not buggin anyone Who cares Too much regulation Depends on the lot size Room to run is good. Too big. Less regulations No chickens Page 10 AgreeDisagree The number of chickens you keep varies from year to year - there is no way to enforce this long-term This is not nice to the chickens. They need more space! They sho in a fenced yard. Constitution I understand the limiting of sizes but I'm afraid of people keeping too small of coops for 8 birds. I feel that the chickens should have more space available to the bird. 9.Chicken coops and runs do NOT need to be screened with an opaque fence on parcels of any size. No Opaque Fence Requirement 30% Agree Disagree 70% Agree Disagree This is unsanitary to completely block chickens and is Must have screening, not just for the coop but also any area also unfair. Other kept animals do not need this where the chickens would be visible to an unwilling fencing and would cause undue financial burden on neighbor people wishing to live a more renewable healthy lifestyle. Concern about air flow on a hot day.Chickens do not belong within city limits. Agree Who cares Lets put your dog in a fence it can't look out of. I would think the chickens would need adequate ventilation This is a stupid thought. The first 2 feet from the coming into the coop on hot days. ground on a chicken run should be hardware cloth and the rest can be chicken wire. Chickens are meant to eat bugs and worms. They are meant to breath fresh air. They have better eye sight then humans. Agree. Take care of dog problem first This is just stupid. Page 11 10.On parcels less than 2.5 acres, a site inspection and permit is years, and chicken tags will be issued after the site inspection Permting and Tags 39% Agree Disagree 61% Agree Disagree Permit fee should be higher and A site inspection is a complete waste of tax dollars. Again, younot inspect also note that neighbors and city is dog houses or other animal fences and it is a waste of people's not responsible should the complains could be investigated instead of site inspections. Als chickens be attacked by wild into the reason of having chickens. Economically it is cheaper t animals or should the chickens go from your own chickens and doing site inspections to pay for permits see to a neighbors yard and the like an unnecessary financial burden on people. neighbor's dog attacks the chickens. Agree Why would a permit be required? I think it should be parcels under 2 Site inspection is a waste of money and time for the city. There acres. I like this idea because it will inspections for sheds less than 200sq ft therefore there should detour those who are not serious inspections for a chicken coop and run. Also, no one does site inspections on about it and make sure the dog houses either. It makes no sense to do them for chicken coop chickens are properly set up and should not be a fee either or tags. cared for. Reduce the permit fee to $30Seriously? Raise the fee to $100We have enough permits already and why does the city need any money for me to keep chickens? Permit fee should be over $200 Why do they need to be tagged and permitted? Should not allow chickens in Seriously! You are taxing people who want to raise chickens? What's next ... property's under 2.5 acres!!!! I'm going to have to pay for my patio garden! Residents on smaller parcels should not have to pay for a permit They have dog license now but city still don't take care of them Disagree What part of the city budget is going to keep tabs on every chicken coop to make sure that all the laws and regulations are being followed? coops required to be made of? Old pallets or whatever the owner around? You are just taking any savings out of the reason for having them This isn't necessary and would require the city to maintain a ch The city already gets enough money from taxes. You don't need money if people want to have their own chickens Page 12 Agree Disagree Disagree. No licensing or inspection required. I don't feel like it's necessary to need a permit and I especial years is adequate if you are going to charge considering the lif chicken laying eggs. In addition if you truly feel it's necessary to charge for something so dumb and invade our privacy for something as simpl backyard pets then you should be charging everyone, not just sma Seems a little extreme. I have not seen a similar requirement in communities that have adopted this policy. It would be difficult Would Elk River need to employ someone to do the inspections? $5 like a steep amount to pay for a permit to house a couple of chickens for their eggs. No. If you live on a lot that is less than an acre and in a res sure. But if youre not in a residential area... are NOT on cit and live on an acre or more. The answer to this should be NO. City makes enough on my tax money already Unreal! Too much government regulation. May as well start inspec houses, etc, as well. This is bullshit! Leave people alone and let them have the birds tags? The city must be run by idiots! No way, now you're trying to profit from this, no permits needed Really? Yearly inspections The men who wrote the Constitution would be turning over in thei they read this. Taxed for chickens? Are you going to tax my tomato plants too? Dont charge unless you'll actually enforce. Need to pay 50 per chicken Seems excessive. $50 is fine for the first inspection but too much to pay every t Negates the cost benefit of having your own eggs. 11.Do you have any additional comments regarding the keeping of chi Comments Chickens are less disruptive than dogs. They allow homeowners to animals for their eggs. They contribute to controlling insects and other pests. This shouldn't be rocket scie I think Enforcement will be a problem with this. How badly is this need I agree regulations should be in place for small residential lot regulations or restrictions. My fear is that too many residents that are uninformed about kee roosters that are not prohibited, Also the fact that hens do not l I do with this chicken" affect. 6 months equals many unwanted ro-5 years and ongoing equals many unwanted hens. Leave the "farming" to the actual farmers. Take care of dog problem first and yes I have two dogs but they dpeoplesproperty The city needs to get a clue and stop regulating. Why should I have to ask permission to own animals on my privateproperty? The amount of government overreach is astonishing. Stay out of my business, stay out of m Page 13 Comments I think the city has better things to spend money and time on. S yards of old cars, junk, over grown grass etc. Keep the chickens keeping chickens than maintain a coop. Chickens can carry diseases and how knowledgeable a be on chickens. I think the city is opening a big can of worms. It seems like the amount of rules is quite in depth and the purpe housing of chickens in the city limits. It is not a friendly policy. The po contained coop and run); health of bird considerations (no more bird); neighbor/noise considerations (25 feet from neighbor's home and no roo in today's society, inspections would only be necessary when the behave these days, they will complain if the birds are noisy, smelly, or loose. A $50 permit every two steep for the casual chicken keeper who intends to keep the eggs beneficial for someone who intends to use the chickens as a potential income source. I really don't think there is any need to have chickens in a res are too close together and it will be too easy for the chickens e concerns about additional predators that may come into the area are housed. The city needs to be ready to enforce that the chic happens to their chickens. Very disappointed in the change in size of lot chickens will be forward moving city. What's next cows and horses. Someone needs to read up on keeping chickens. They are not loud. LESS then a dog though. NO ROOSTERS in town. Chickens need space to roam. I t around your yard is good. I have a moveable electric fence. I caI move the electric fence around my chicken coop. I lock my chickens in my garden fo time. Chickens are good composters. They eat your food and po move dirt around. They can be put to work on a compost pile and move it for you. They poop in compost pile which adds nitrogen to break down the pile into compost. (just l for worms and bugs. They WILL eat your garden goods but are grere gardens. They will eat ticks and mosquitoes. Coops are allowed ten feet from property lines!? I live in the dollars for the city to respond to chicken calls :( Yes, all residents should be allowed to have chickens, even renters not just homeowners. I dontthink they should be allowed in residential areas. Should have 1+ acre Bigger things to worry about I feel that people should have the freedom to have chickens in r nuisance to the neighbors. In general, I do not agree that chickens should be kept in residif my neighbor thought this was a good idea. MOVE TO THE COUNTRY!! Too much thinking about the issue. Many progressive cities allo People raise birds for a variety of reasons but mainly to feed ttaxing and permitting and tagging is going to make it too expensive to farming! Smell and noise are a big worry. Need to have a way for citizens them follow up on the concerns. No chickens in residential neighborhoods. How noisy they can be vocally. Less regulations are needed. No chickens in residential areas. Opposed for any lot less than 2.5 acres. No chickens in less than 1 acre. We moved to a neighborhood, not Page 14 Comments While we agree that some rules should be put in place to ensure disturbance, this seems to be way too much. Instead of burdening our administration and police department with enforcing tight regulation on chickens - this time and effort could be focused on more important issues. What would George Washington do? Must have written notarized permission from neighbors allowing chickens. My neighbors had illegal chickens for 2 years and I notified city several times due to myself getting a wandering into my yard of my home daycare. The 'male city contacthe complaints did NOTHING about the illegal chickens. Neighbors finally were told to get complained. I want some clarification of this. I'm on 5 acres west of the gos going to ban roosters and corner me into only have 12 chickens. Also, if that chickens out of the run-and that absurd when I'm on 5 acres. Keep them out of the neighborhoods. I strongly disagree with allowing any chickens on property's und outdoor enjoyment by allowing this. People can't even seem to ta alone allowing additional animals. I pay very large property taxes to live in this kind of neigh would be ridiculous to be burdened with neighbors' live hobbies. Chickens should not be allowed in residential areas. I don't wan screened in areas that hold the chickens tend to be an eye sore, neighborhood. This would be a great experience for kids who live in the City. What about bird population or the mess that dogs leave? A well-kept group of chickens is pretty quiet and provides a direct food benefit as well as an opportunity for kids to learn. What about other foul that people are putting in chicken coops, Page 15 Memorandum To: BrieAnna Simon From: Brandon Wisner, Stormwater Coordinator Amanda Bednar,Environmental Coordinator Date: March 22, 2017 Subject: Ordinance amendment to expand opportunities for the keeping of chickens in residential areas ________________________________________________________________ In accordance with the current city wetland buffer ordinance, I associated structures (i.e. chicken coop and run) not be placed in the 45 foot setback. Also, the 25 foot wetland buffer should still be free of structures and mowing to allow the vegetation to properly filter fecal content from this type of ust down gradient surface waters such as wetlands, stormwater ponds and lakes/rivers. Associated structures should meet all requirements outlined in t properties within the shoreland district and adjacent to bodies Any structures associated with chickens should not be placed in any drainage and utility easement. These structures should also be placed a minimum of 10 feet from side yard property lines to ensure that any drainage easements are not impacted. Manure management should be properly disposed of, similar to how the county soil and water c . recommends for other agricultural animal uses N:\Departments\Community Development\Planning\Case Files\OA\OA 17-03 Chickens\6-Exhibits\Stormwater and Enviornmental Memos\stormwater&enviornmental 3-22-2017 Chickens.docx