7.2. SR 01-19-2021it ci
Elk*
River
Request for Action
To
Item Number
Mayor and City Council
7.2
Agenda Section
Meeting Date
Prepared by
Public Hearings
January 19, 2021
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Ordinance Amendment: Allow Keeping of
Zack Carlton, Planning Manager
Chickens on Residential Lots Greater than One
Reviewed by
Acre
Cal Portner, City Administrator
Action Requested
Recommend, by motion, denial of the proposed 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 requests to allow chickens on lots less than 2 1/2 acres in size. The Council discussed this during a
work session and directed staff to draft an ordinance amendment allowing the keeping of chickens on residential
lots 1 acre or larger for consideration by the Planning Commission.
The number of chickens, allowed under the proposed ordinance reviewed by the Planning Commission, are as
follows:
Lot Size in acres Chickens (roosters may be allowed with a CUP)
1 < 2 1/2 6
2 1/2 < 5 12
5 and larger Follow ag animal regulations - Section 30-803 (e)
Roosters would continue to be allowed only on lots 2'/2 acres or larger with a Conditional Use Permit.
Planning Commission
The Planning Commission recommended denial of the request by a 5-2 vote.
Reasons in favor:
■ Homeowner associations or covenants that already prevent residents from keeping agricultural animals.
Numerous neighborhoods are not going to be impacted by this amendment because of parameters in place
to prevent this type of activity.
Reasons against:
■ Anyone who wants to keep chickens would not move into the city to keep them.
Tbis type of farm animal is best on a lot larger than 2.5 acres to avoid interfering with neighbors.
■ Chickens will attract other animals to come into the neighborhood, especially in smaller areas.
The Elk River Vision P I I E I E U I i
A welcoming community with revolutionary and spirited resourcefulness, exceptional [NATURE]
service, and community engagement that encourages and inspires prosperity. Updated. August 2020
■ 1 acre is too small, but 1.5 to 2 acres is enough area.
■ Urban setting is just too small.
■ When drafted in 2017, the Planning Commission spent months reviewing and studying this ordinance and
felt it was still adequate.
■ Concerns regarding continued scope creep on smaller lots.
Financial Impact
None
Mission/Policy/Goal
■ Meet changing needs
■ Reflect the culture of citizens and what is important to majority
Attachments
Proposed Ordinance Amendment to Planning Commission
City Comparison
Map Showing Lot Sizes
N:\Public Bodies\Agenda Packets\01-19-2021\Final\7.2 sr.docx
of
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Ordinance 21 -
to be removed
Underlines to be added
An Ordinance Amending Chapter, 30-803, Animals of the City of Elk River,
Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 30-803, Animals of the City of Elk River Code of Ordinances shall be
amended to read as follows: - -
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 on parcels less than one (I) acre in size in any
zoning district.
b.A maximum of 6 chickens (hens) are allowed on parcels one (1) acre to two
and one-half (2 1/2) 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 properties iii the ci.
standards-*s outlined in (e)(2) of this section as
they relate to the keeping of 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.
i. Chicketis are not permitted on parcels below two aftd one half acres in
C,f. Roosters are not pefmitted may be allowed with a conditional use
permit on parcels two and one-half 42 1/Z acres or larger to five�
(e) Agricultural animals.
Last Updated January 2019
Paw€RID 9Y
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to be removed
Underlines to be added
a The keeping of agricultural animals (excluding chickefis) in �1qp A R-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 larger.
L The keeping of chickens on parcels less than five acres shall follow the
standards outlined in (d) (1) of this section.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk Rive&, 19th day of January, 2021.
ohn J. Dietz;
ATTEST:
Tin,
Last Updated January 2019
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