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4.2. PCSR 12-22-2020 Request for Action Cir•ci Elk - River= To Item Number Planning Commission 4.2 Agenda Section Meeting Date Prepared by Public Hearings December 22, 2020 Chris Leeseberg, Senior Planner Item Description Reviewed by City of Elk River - Ordinance Amendment to Zack Carlton,Planning Manager allow the keeping of chickens on residential lots Reviewed by greater than one acre, Case No. OA 20-07 Action Requested Recommend, by motion, approval of the ordinance amendment. Background/Discussion In 2017, the city drafted an ordinance to expand opportunities for the keeping of chickens on residential parcels. Currently, chickens are only allowed on residential lots 2 1/2 acres or larger. Since adoption of the ordinance the city has received numerous requests to allow chickens on lots less than 2 1/2 acres in size. Council discussed this during a work session earlier this year and directed staff to draft an ordinance amendment allowing the keeping of chickens on residential lots 1 acre or larger. The number of chickens allowed under the proposed ordinance are as follows: Lot Size in acres Chickens (roosters may be allowed with a CUP) 1 < 21/2 6 21/2 < 5 12 5 and larger Follow ag animal regulations - Section 30-803 (e) Roosters would continue to be allowed only on lots 2 1/2 acres or larger with a Conditional Use Permit. Financial Impact None Mission/Policy/Goal ■ Meet changing needs ■ Reflect the culture of citizens and what is important to majority Attachments ■ Proposed Ordinance Amendment The Elk River Vision P O N E R E o R Y A welcoming community avith revolutionary and spirited resourcefulness, exceptional [NAWR service, and community engagement that encourages and inspires prosperity. Updated.August 2020 Sec. 30-803. -Animals. (a) Definitions. The definitions in section 30-1 are applicable in this section. (b) Purpose. It is the intent of this section to establish regulations which will allow the keeping of animals within the city in a safe, clean, and healthy manner. The city recognizes that certain types of animals require regulations and standards to ensure that the health, safety, and welfare of the public is protected and to promote the compatibility of land uses as it relates to the keeping of animals. (c) Applicability of other regulations. The provisions of this section relate to the regulation of animals in the context of land use compatibility. These standards and provisions are not exclusive of other regulations set forth in this Code. The provisions of any other ordinance, statute or rule which impose other or greater restrictions shall also apply. (d) Keeping of chickens. (1) Number and type of chickens. a.Chickens are not permitted onar s les an one 1 acre in size in an zoning district. b.A maximum of 6 chickens (hens) are allowed on parcels one (1) acre to two and one-half(2 1Q acres on all residentially zoned properties. a7c. A maximum of 12 chickens (hens) are allowed on parcels two and one-half to five acres on all residentially zoned propertie d.Parcels-oaerexceedin 5 acres in the R-.1 a shall follow the standaracas outlined in (e)(2) of this section as they relate to the ke chickens. 6e. For parcels within the R-1a zoning district,the number of chickens can be increased with a conditional use permit, as described in this section. £Roosters may be allowed with a conditional use permit on parcels two and one-half2 '/2 acres or largerto five acres ift size,t F, conditional ttsp peimmq ante 2) Chicken coop and run. a.Every person who owns, controls, keeps,maintains, or harbors chickens must keep them confined at all times in a chicken coop or chicken run. b.Chickens are not allowed in principal or accessory structures. c.Chicken coops may not be constructed on any parcel of land before construction of the principal structure. 'AA chicken coop will be considered an accessory structure and will count towards total lot coverage. e.Chicken coops and runs must comply with all applicable building and zoning codes and regulations. f. Setbacks. 1. Chicken coops and runs must be setback at least 25 feet from any residential structure and at least ten feet from the property line. 2. Chicken coops and runs must be located in the rear yard. Corner lots must maintain front yard setbacks from all property lines adjacent to rights-of-way. 3. A chicken coop and run may not be located within 45 feet of a wetland or stormwater pond. g.Design standards. 1. Chicken coops may be no larger than ten square feet per chicken and must be elevated between 12 and 24 inches to ensure air circulation beneath the coop. A chicken coop must have rodent resistant flooring. 2. Chicken runs may not exceed 20 square feet per chicken and must have a protective overhead netting to keep chickens separated from other animals. 3. Chicken coops and runs must be completely enclosed. A chicken coop and run must be enclosed with weather resistant wood or woven wire materials. Additionally, hardware cloth or similar material must extend one foot beyond the base of the coop and run area to protect from predators. (3) Additional requirements. a.Chicken feed must be stored in rodent-proof containers. b.Chicken may not 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 filth. c.The slaughtering of chickens is prohibited. (e) Agricultural animals. The keeping of agricultural animals inNR-1a zoning district is a permitted use on parcels which are five acres or larger and a conditional use on parcels which are smaller than five acres. In the R-1b,R-1c, and R-1d districts, the keeping of agricultural animals is a conditional use and shall be limited to parcels which are five acres or largeIP's"'ft'I'n' a.The keeping of chickens o€n parcelsfiv e ac' es shall follow the standards outlined in (d)(1) of this section. (2) The number of animals permitted shall be limited to one animal unit per acre of fenced pasture land as outlined in the following table: Animal Animal Unit Value Slaughters W or heifer 11.0 Horse 6, —�0 Mature dairy co 1.4 Swine under 55 poA .5 Swine over 55 pounds Sheep 0.1 Duck 0.2 Turkey 0.018 Chicken 0.01 Note: For animals not listed in this table,the number of animal units shall be defined as the average weight of the animal divided by 1,000 pounds. The total number of allowed animal units per acre may be increased,provided there is an approved manure management plan following the Minnesota Pollution Control Agency Technical Guidelines for Manure Management and Applications. Such approval may be obtained through the conditional use permit process as noted in sections 30-651 through 30-657. In no event,however, shall the increased amount exceed twice the allowed animals as indicated in subsection (d)(2). (3) Stables and barns.All agricultural animals shall be provided a shelter under roof appropriately sized to accommodate the specific animal in a humane manner. For setback requirements see section 30-1007. (4) Fences. Agricultural animals shall be enclosed in a pen or corral. Fences for pens, corrals,pasture or similar enclosures must be of sufficient height and strength to retain such animals. For setback requirements see section 30-1007. (5) Sanitation and health standards. Any stable or barn in which animals are kept or maintained shall be kept clean so as to prevent the transmittal of disease to other animals or persons. Manure shall be removed from confined areas with sufficient frequency and disposed of properly to avoid nuisances from odors or breeding of flies. If manure is used as fertilizer,it shall be turned under immediately if possible, or as soon as the frost leaves the ground.Application of manure should be conducted in such a manner so as not to permit runoff toward surface waters. If the city finds that the manure and other waste materials create a nuisance by attracting flies, other insects, or rodents, or by creating offensive odors, the city may order that the manure and othera t . terials be removed within four days of notice to the owner of the land. _ (� Keeping of honeybees. Honeybees are an asset to the community and important in the pollination of plants and in the production of honey and other products. (1) Purpose. °*"4­ ' a.The purpo of this ordinance is to establish certain requirements for beekeeping within the city,to avoid issues which might otherwise be associated with beekeeping in populated areas. b.Compliance with this ordinance shall not be a defense to a proceeding }' alleging that a given colony constitutes a nuisance,but such compliance may be offered as evidence of the beekeeper's efforts to abate any proven nuisance. c.Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony violates applicable ordinances regarding public health,but such compliance may be offered as evidence of the beekeeper's compliance with acceptable standards of practice among hobby beekeepers in the State of Minnesota. (2) Colony density. a.Every residentially zoned lot or parcel of land of at least one acre,but below five acres shall be permitted six colonies. b.There is no limit to the number of colonies for residentially zoned parcels five acres and above. c.If any beekeeper serves the community by removing a swarm or swarms of honeybees from locations where they are not desired, that person shall not be considered in violation of the colony density restrictions in this section if the following conditions are met: 1. The person temporarily houses the honeybees at an apiary site of a beekeeper registered with the city, 2. The bees are not kept for more than 30 days, and 3. The site remains in compliance with the other provisions of this section. (3) Colony location. a.Hives cannot be located in the front or side yards. Corner lots shall be considered to have two front yards. All hives must adhere to the below setbacks: Parcel Size Minimum Distance (feet) Front 35 Side 20 Rear 20 Public Right-of-Way or Trail Easements 30 \' Adjacent Dwelling Units Wr b.Hives cannot be located in any drainage and utility easements; floodway or regulated floodplain as defined in division 11 of the city code;or the first 25 feet of the wetland buffer as defined in section 30-1852 of the City Code. c.Except as otherwise provided in this section,in each instance where any part of a hive is kept within 25 feet of a lot line of the apiary site, a flyway barrier of at least six feet in height must be constructed. 1. The flyway barrier must consist of a wall, fence, or dense vegetation that requires honeybees to fly over,rather than through,the barrier. If a dense vegetation flyway barrier is used,the initial planting may be a minimum of four feet in height,but the vegetation must reach a .height of at least six feet within two years after installation. 3. If a wall or fence flyway barrier is used,the materials must be decay resistant,maintained in good condition, and constructed in accordance with sections 30-796 of this code. 4. tiThe flyway barrier must continue parallel to the lot line of the apiary site for at least ten feet in both directions from the hive or must contain the hive or hives in an enclosure at least six feet in height. 5. A flyway barrier is not required if the hive is located on a rooftop. (4) Additional requirements. a.Honeybee colonies shall be kept in hives with removable frames,which shall be kept in sound and useable condition. b.Each colony on the apiary site shall be provided with a convenient and adequate source of water which must be located within ten feet of each active colony on the applicant's property. c.Materials from a hive such as wax combs or other materials that might encourage robbing by other bees shall be promptly disposed of in a sealed container or placed within a building or other bee and vermin proof enclosure. d.For each colony permitted to be maintained,there may also be maintained upon the same apiary lot, one nucleus colony in a hive structure not to exceed one standard 9 5/8 -inch depth box,ten frame hive body with no supers. e.Each beekeeper shall maintain his beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather,potential theft or vandalism and occupancy by swarms. It shall not be a defense to this ordinance that a beekeeper's unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees. f.Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to prevent swarming. g.Honey may not be sold from any residential property unless a home occupation permit has been obtained and required conditions met in accordance with section 30-801 of this Code. (5) Permit. a.Each apiary site must apply for registration and receive approval prior to bringing any honeybees into the city. b.The application for a beekeeping permit must be upon a form provided by the city.All required information must be complete. c.Beekeeping training and education is required for the beekeeper prior to the issuance of the initial beekeeping permit by the city.At the time of application for registration,the beekeeper must submit a certificate of completion of a honeybee keeping course from an accredited institution. d.If the beekeeper relocates a hive or colony to a new apiary site, the beekeeper shall apply for an updated beekeeping permit,prior to the relocation, on the form provided by the city. e.The beekeeping permit shall be valid until March 31 of each calendar year following initial issuance and must be renewed by the registrant prior to expiration each year by submitting a renewal form on a form provided by the city. {'f.Upon receipt of a beekeeping permit for initial review, the city will send written notice to all owners of properties located within 350 feet of the property the apiary site(s) are identified on. Any objections to the registration must be made in writing and received within 14 days of mailing the notice. If any written objection is received, the beekeeping permit must be referred to the city administrator or designee. 1. The beekeeping permit must be denied if the city receives a written objection from a resident living within the designated notification urea that includes medical documentation by a licensed physician of an allergy to honeybee venom. g.The fees for the registration will be determined by the city council in the city's fee schedule. h.The property must be in compliance with all other applicable city regulations in order to receive approval and renewal. i. If the standards of practice are not maintained subsequent to issuance of a beekeeping permit,the permit may be revoked by the city administrator or designee. j. Beekeepers operating in the city prior to the effective date of the section will have until July 1, 2019 to apply for registration. (6) Inspection. a.Upon initial registration,renewal every two years or any updated registration, each beekeeper must allow for an inspection of the site. b.A designated city official shall have the right to inspect any apiary for the purpose of ensuring compliance with this ordinance between 8:00 a.m. and 5:00 p.m. once annually upon 30 days notice to the owner of the apiary property. c.In the case of a complaint regarding the apiary,the apiary site may be inspected without prior notice. (g) Dangerous animals. No person shall keep or be allowed to keep in the city any animal which is dangerous by nature as defined in section 30-1. (h) Nontraditional or exotic animals. (1) A person may keep a nontraditional or exotic animal only upon issuance of a conditional use permit in accordance with subdivision III of division 2 of this article. In determining whether an animal is considered nontraditional or exotic,it shall be the responsibility of the applicant to supply the city with the necessary data and information to reasonably prove that the animal is not dangerous in captivity. This information shall he part of the public record and shall be discussed as part of the conditional use permit review. (2) If a conditional use permit is approved which allows the keeping of a nontraditional or exotic animal, this use shall be at a minimum subject to the agricultural standards as set forth in subsection (d) of this section. In reviewing a request to keep nontraditional or exotic animals, the city may impose conditions and restrictions as it finds necessary,including,but not limited to, the following: a.Restrictions on the number and type of animals. b.Setbacks greater than those required in subsections (d)(3) and (4) of this section. c.Restrictions on the size,height and type of enclosures. d.Screening or landscaping of the proposed use. CInspec applicant must also submit a copy of all permits required from the state rtment of natural resources,United States Department of Agriculture,United s Fish and Wildlife Service, and any other governmental agency if applicable. (i) tions. The city may at any time inspect the lot and structures where animals are kept to ensure compliance with the conditions and restrictions of this article and strict compliance with the terms and conditions of a conditional use permit.