6.2. SR 03-21-2005
Item #6.2.
MEMORANDUM
TO:
FROM:
Mayor and City Council
Michele MCPherso~ector of Planning
DATE:
March 21, 2005
SUBJECT:
Case No. OA 05-0 I
Request by Richard Foster to Amend Private Kennels
Requirement
Request
The applicant is requesting that private kennels be allowed in districts other than the Rla
Single Family Zoning District.
Attachments
· Section 1081 -1084, Chapter 10 Article 3 - Dogs and Cats
· Section 30-991 Proposed Language
· Ordinance No. 05 -
Analysis
Section 10 of the Elk River City Code regulates animals. Specifically, Article 3 titled, "Dogs
and Cats" regulates domestic dogs and cats. This section of the ordinance requires that any
dog or cat over six months of age needs to have a license if it is kept within the City limits.
Section 10-83 requires a kennel permit for anyone owning more than three dogs or three
cats over the age of six months. Currently, private kennels are only allowed in the Rla
Single Family District as a conditional use. This precludes large lot owners in other zoning
districts from having more than three dogs or three cats over six months of age.
In single family owner-occupied homes, it is possible that a family may own at least three
dogs and/or three cats without the City being aware of the number of animals, unless a
complaint is received. On large lots (over five acres), it seems reasonable to allow private
kennels as a permitted use, especially given the fact that you could own a horse on the same
five acres. On lots less than five acres, it may reasonable to require a conditional use for a
Private Kennels/OA 05-01
March 21, 2005
Page 2
private kennel, due to the proximity of adjacent neighbors. A conditional use permit will
allow the City to determine the site conditions are appropriate for the nwnber of animals
and also put the adjacent neighbors on notice that a property owner will own more than
three dogs or three cats. In no case would the on-going breeding and sale of animals be
allowed as part of the permit.
Planning Commission Action
The Planning Commission conducted a public hearing on February 23, 2005. No one spoke
for or against the request. The Commission recommended approval of the ordinance
language.
Recommendation
Staff and the Planning Commission recommend that the City Council approve the ordinance
language relating to private kennels.
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ARTICLE III. DOGS AND CA TS*
*State law references: Dogs and cats, Minn. Stats. ch. 347.
Sec. 10-81. Confinement of female dogs in heat.
It is unlawful for the owner of any female dog in season to allow such dog to be off such
owner's premises.
(Code 1982, 9 502.12)
Sec. 10-82. License.
(a) Required; term. No person shall own, harbor, or keep a dog or cat over six months of
age within the city unless a current license for such dog or cat has been obtained. The
license shall be issued for a two-year period and shall expire on December 31 of the last
year of the license issued.
(b) Animals owned by nonresidents. Dogs and cats over six months of age owned or kept
by nonresidents of the city are not permitted to remain in the city longer than ten days
without complying with the terms of this section.
(c) Application; fee; receipt. It shall be required of each person owning, keeping, or
harboring a dog or cat to pay a license fee to the city administrator as imposed by this
section, except as provided in section 10-83. The license fee for any dog or cat shall be
as established by resolution. Each application for such license shall include a statement,
signed by the person applying for the license, which certifies that the dog or cat has
been inoculated for rabies not more than 24 months preceding the date of application.
Upon receipt of the license fee and the signed application, the city administrator shall
execute the receipt in triplicate, the original of which shall be given to the person who
pays the fee. The duplicate shall be given to the police department and the third copy
shall be retained in the records of the city administrator. This receipt shall describe the
dog or cat as to color, breed, age, sex and weight. Any owner shall produce for
inspection the license receipt upon the request of the animal warden or a police officer.
(d) Unlawful use of receipt, tag or inoculation certificate. It shall be unlawful for any person
to use for any dog or cat a license receipt, license tag, or rabies inoculation certificate
issued to another person, dog or cat.
(e) Tags. The city administrator shall procure a sufficient number of metallic tags for
delivery of one such tag to the person paying the license fee. It shall be the
responsibility of the owner of the dog or cat for which the tag was obtained to
permanently attach the tag to the collar of the dog or cat in such manner that the tag
may be readily seen. The tag is not transferable to any other dog or cat or to a new
owner of the dog or cat. If a tag is lost or stolen, the owner may obtain a new tag by
surrendering the license receipt for the first tag and by paying an additional fee as duly
set by the council from time to time.
(Code 1982, 99 502.16, 502.18, 502.20, 502.22)
State law references: County dog licenses, Minn. Stats. 9 347.08 et seq.
Sec. 10-83. Kennel permit.
(a) Required. No person shall own, harbor, or keep upon his premises more than three
dogs or cats over the age of six months unless in a commercial or private kennel duly
permitted under this section. If the premises are ten acres or more, the person may
own, keep, or harbor up to ten cats over the age of six months as long as they have
been spayed and neutered and documentation as to that fact is provided.
(b) Issuance. No person shall operate a commercial or private kennel in the city without first
obtaining a permit. Application for such permit shall be made to the city administrator
and shall be accompanied by the permit fee. Such a permit shall be issued upon a
showing of compliance with all laws and ordinances.
(c) Term; fee. Commercial and private kennel permits shall be issued on an annual basis,
expiring on December 31 following the first effective day of the kennel permit. The
commercial kennel permit fee shall be as established by resolution.
(d) Maintenance of premises; inspections; revocation of permit. Commercial and private
kennels shall be kept in a clean and healthful condition at all times and shall be open for
inspection by duly authorized city authorities at any reasonable time. A commercial or
private kennel permit may be revoked by the council by reason of the violation of this
chapter or any health or nuisance order, law, or regulation.
(Code 1982, 9502.36)
State law references: State animal dealer license, Minn. Stats. 9347.34 et seq.
Sec. 10-84. Standards for kennels.
(a) Private and commercial kennel facilities shall be structurally sound and maintained in
good repair. Indoor housing facilities should be adequately ventilated and have ample
light and heat, either natural or artificial.
(b) Animals kept outside shall be provided with access to shelter to protect them from the
sun, rain, and snow, together with adequate bedding when the temperature falls below
50 degrees Fahrenheit.
(c) If animals are confined by chains, such chains shall be so attached that they cannot
become entangled with the chains of other animals or any other objects. Chains shall be
of a size commonly used for the size of animals involved and shall be attached to the
animal by means of a well-fitted collar. Such chain shall be at least three times the
length of the animal as measured from the tip of its nose to the base of its tail.
(d) Enclosures shall be of sufficient size to allow each animal to turn around fully and stand,
sit, and lie in a comfortable normal position. The floors of the enclosure shall be
constructed so as to prevent injury to the animal's legs and feet.
(e) The temperature for indoor housing facilities shall not be allowed to fall below 50
degrees Fahrenheit for animals not accustomed to lower temperatures.
(f) Disposal facilities shall be provided to minimize vermin, infestation, odors and disease
hazards.
(g) Adequate storage and refrigeration shall be provided to protect food supplies against
contamination and deterioration.
(Code 1982, 9 502.38)
Sec. 30-991. R-l districts.
(b) Permitted uses. Permitted uses in the R-l districts are as follows:
(1) Single-family dwellings per section 30-799.
(2) Licensed day care facilities for 12 or fewer children.
(3) Model homes in compliance with section 30-800.
(4) Agricultural uses in the R-la district (more than five-acre lot size).
(5) Public parks, playgrounds and open space.
(6) Permitted home occupations.
(7) Truck tractor and/or trailer parking (nonplatted parcels five acres in size or greater
within the R-la district).
(8) State-licensed residential facilities or housing with services establishments registered
under Minn. Stats. ch. 144D serving six or fewer persons, licensed day care facilities serving
12 or fewer persons and group family day care facilities licensed under Minnesota Rules,
parts 9502.0315 to 9502.0445, to serve 14 or fewer children, except that a residential facility
whose primary purpose is to treat juveniles who have violated criminal statutes relating to
sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be a permitted use.
State law references: Similar provisions, Minn. Stats. ~ 462.357, subd. 7.
(9) Open space preservation development plats within the R-la district (residential
clustering) .
(10) Towers less than 60 feet in height.
(11) Governmental offices.
(12) Private kennels on parcels five (5) acres or greater. excluding lots located in cluster
subdivisions (see Section d. item 12).
(c) Accessory uses. Accessory uses in the R-l districts are as follows:
(1) Accessory farm structures.
(2) Public shelters and essential services.
(3) Garages and sheds, including metal-skinned buildings in R-la districts.
(4) Private recreational facilities.
(d) Conditional uses. Conditional uses in the R-l districts are as follows:
(1) Conditional home occupations.
(2) Fairground facilities.
(3) Golf courses and country clubs.
(4) Governmental buildings and facilities.
(5) Temporary mobile homes used as a residence.
(6) Institutional uses.
(7) Licensed day care facilities in institutional buildings.
(8) Agricultural uses in the R-la district (less than five-acre lot size).
(9) Agricultural uses in R-lb, R-lc, and R-ld districts (five-acre minimum lot size).
(10) Feedlots in the R-la district.
(11) Commercial kennels in the R-la district.
(12) Private kennels on parcels less than five (5) acres or lots located in cluster
subdivisions in the R 1a di3trict.
(13) Truck tractor and/or trailer parking (platted parcels or parcels less than five acres in
size within the R-la district).
(14) Cooperative gardening in preserved open space.
(15) Horticulture and floriculture services in preserved open space.
(16) Private stables in preserved open space.
(17) Wayside stands in preserved open space.
(18) Therapeutic massage and sauna establishments operated as a home occupation.
(Code 1982, ~ 900.12(5); Ord. No. 99-32, ~ 3(900.12(5)(A), (5)(C)), 11-15-1999; Ord. No. 01-
05, ~ 2, 4-16-2001)
(Code 1982, ~ 900.12(6))
ORDINANCE 04 -
CITY OF ELK RNER
AN ORDINANCE OF THE CITY OF ELK RNERAMENDING
SECTIONS 30-793 AND 30-803
OF THE CITY CODE OF ORDINANCES
RELATING TO ACCESSORY BUILDINGS AND TO ANIMALS
Case No. OA 04-06
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-991 titled "R-1 Districts (b) Permitted uses" and (d) Conditional
uses" of the Elk River Code of Ordinances shall be amended as follows:
Sec. 30-991. R-1 districts.
(b) Permitted uses. Permitted uses in the R-1 districts are as follows:
(12) Private kennels on parcels five (5) acres or greater. excluding lots located in
cluster subdivisions (see Section d. item 12).
(d) Conditional uses. Conditional uses in the R -1 districts are as follows:
(12) Private kennels on parcels less than five (5) acres or lots located in cluster
subdivisions.
Section 3. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the GtyCouncil of the Gty of Elk River this 21st day of March, 2005.
Attest:
Stephanie Klinzing
Mayor
Joan Schmidt
Gty derk
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