5.4. PCSR 04-26-2022 Request for Action
Cir•ci
Elk -
River=
To Item Number
Planning Commission 5.4
Agenda Section Meeting Date Prepared by
Public Hearings April 26, 2022 Chris Leeseberg, Senior Planner
Item Description Reviewed by
City of Elk River Zack Carlton, Community Development Director
■ Ordinance Amendment—Section 30-803(d), Reviewed by
Keeping of Chickens, Case No. OA 22-03
Action Requested
Recommend, by motion, approval of the ordinance amendment.
Background/Discussion
The city is requesting an ordinance amendment to clearly outline how many chickens are allowed on parcels 5
acres or larger. The ordinance is clear that 12 chickens are allowed on parcels 2 1/2 - 5 acres but it is not clear to
reference the table in Section 30-803 for parcels larger than 5 acres. This proposed clarifying language does not
change any current regulations on chickens.
Staff is also proposing, for discussion/recommendation,to limit roosters to only to the R-1a zoning district (2 '/Z
minimum lot sizes). This would only allow roosters on properties outside of the Urban Service District.
Attachments
■ Proposed Amendment
■ Section 30-803
The Elk River Vision P I I E R E I I Y
A welcoming community avith revolutionary and spirited resourcefulness, exceptional [NAWR
service, and community engagement that encourages and inspires prosperity. Updated.August 2020
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City of
Elk
River
Ordinance 22 -
An Ordinance Amending Chapter, Section 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 § Section 30-803,Animals of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(1) Number and type of chickens.
aA maximum of 12 chickens (hens) are allowed on parcels two and one-half to five acres
on all residentially zoned properties in the ci .
gib.For all residentially zoned properties,larger than five acres, the number of chickens shall
be as outlined in Section 30-803 (e)(2).
6c.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.
ed.Chickens are not permitted on parcels below two and one-half acres in size in the R1-b,
R1-c, and R1-d zoning district.
&e.Roosters are not permitted on parcels two and one-half acres to five acres in size, unless
a conditional use permit is granted on parcels within the R-1a zoning district only.
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 River this 24th day of May,2022.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
P 0 W I R 1 9 0
AVR
Last Updated janunT 2019 INI
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. A maximum of 12 chickens(hens)are allowed on parcels two and one-half to five acres on all
residentially zoned properties in the city.
b. 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.
C. Chickens are not permitted on parcels below two and one-half acres in size in the R1-b, R1-c,and
R1-d zoning district.
d. Roosters are not permitted on parcels two and one-half acres to five acres in size, unless a
conditional use permit is granted.
(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.
d. A 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.
i. Chicken coops and runs must be setback at least 25 feet from any residential structure and
at least ten feet from the property line.
ii. 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.
iii. A chicken coop and run may not be located within 45 feet of a wetland or stormwater
pond.
g. Design standards.
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i. 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.
ii. Chicken runs may not exceed 20 square feet per chicken and must have a protective
overhead netting to keep chickens separated from other animals.
iii. 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.
(1) The keeping of agricultural animals in the Al and 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.
(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
Slaughter steer or heifer 1.0
Horse 1.0
Mature dairy cow 1.4
Swine under 55 pounds 0.5
Swine over 55 pounds 0.4
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.
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(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 other waste materials be removed within four days of
notice to the owner of the land.
(f) 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.
a. The purpose 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
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Rear 20
Public Right-of-Way or Trail Easements 30
Adjacent Dwelling Units 30
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.
2. 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. The 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%-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.
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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 area 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 5:00 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
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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.
(3) The applicant must also submit a copy of all permits required from the state department of natural
resources, United States Department of Agriculture, United States Fish and Wildlife Service, and any
other governmental agency if applicable.
(i) Inspections.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.
(Code 1982, §908; Ord. No.04-21, §2, 12-20-2004; Ord. No. 17-09, § 1,5-15-2017; Ord. No. 18-08, §2, 5-21-2018)
Cross reference(s)—Animals,ch. 10.
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