HomeMy WebLinkAbout2016-04-18 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCESCOMMISSION
Monday, April 18, 2016
7:00 p.m.
Council Chambers -Maplewood City Hall
1830 County Road B East
1.Call to Order
2.Roll Call
3.Approval of Agenda
4.Approval ofMinutes:March 21, 2016
5.New Business
6.Unfinished Business
a.Implementation of Goals
b.Urban Agriculture -Zoning Review
7.Visitor Presentations
8.Commission Presentations
9.Staff Presentations
a.Mississippi River Corridor Critical Area Rulemaking Update
b.Maplewood Spring Clean Up (Saturday, April 23, 8 a.m. to 1 p.m.)
c.All Parks Clean Up (Saturday, April 23)
d.Fix It Clinic (Saturday, April 23, 10 a.m. to 2 p.m.)
e.Waterfest (Saturday, June 4, 11 a.m. to 4 p.m.)
f.Nature Center Programs
10.Adjourn
Agenda Item 4
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
7:00 p.m., Monday,March 21, 2016
Council Chambers, City Hall
1830 County Road B East
1. CALL TO ORDER
A meeting of the Environmental and Natural Resources Commission was called to order at 7:03
p.m.by Chair Miller.
2. ROLL CALL
Absent
Keith Buttleman, Commissioner
MaryHenderson, Commissioner Present
Mollie Miller, Chair Present
Ann Palzer, Commissioner Present
Ryan Ries, Commissioner Present
Tom Sinn, Vice Chair Present
Ginny Yingling, Commissioner Present
Staff Present
Michael Martin, Economic Development Coordinator
Chris Swanson, Environmental and City Code Specialist
3. APPROVAL OF AGENDA
Commissioner Riesmoved to approve the agenda as submitted.
Seconded by CommissionerSinn. Ayes – All
The motion passed.
4. APPROVAL OF MINUTES
Chair Miller had a correction to 9 a. Nick Carver gave a presentation on the green building code
not on solar systems.
CommissionerPalzermoved to approve theFebruary 25, 2016, Environmental and Natural
Resources Commission Meeting minutes as amended.
Seconded by CommissionerRies. Ayes – Chair Miller,
Commissioner’s Henderson,
Palzer, Ries & Sinn
Abstention – Commissioner Yingling
The motion passed.
March 21, 2016 1
Environmental and Natural Resources Commission MeetingMinutes
5.NEW BUSINESS
a.Tennis Sanitation Recycling Collection Annual Review
i.Chris Swanson, Environmental and City Code Specialist,gave the Tennis
Sanitation Recycling Collection Annual Reviewreport.
1)2015 Recycling Year End Report
2)2016 Recycling Work Plan
ii.David Domack, Tennis Sanitation, addressed and answered questions of the
Commission.
CommissionerSinnmoved torecommend approval of the Tennis Sanitation Recycling
Collection Annual Review including the 2015 Recycling Year End Report and 2016
Recycling Work Planwith the condition that additional research and education be
conducted on how to recycle or dispose of Styrofoam.
Seconded by CommissionerYingling.Ayes –All
The motion passed.
b.Republic Services Trash and Yard Waste Collection Annual Review
i.Maplewood Environmental and City Code Specialist, Chris Swansongave the
Republic Services Trash and Yard Waste Collection Annual Review.
1)2015 Trash and Yard Waste Collection Year End Report
2)2016 Trash and Yard Waste Collection Work Plan
ii.Rich Hirstein, Republic Servicesaddressed and answered questions of the
commission.
Commissioner Sinnmoved toapprove Republic Services 2015 Trash and Yard Waste
Collection Year End Report and 2016 Trash and Yard Waste Collection Work Plan.
Seconded by CommissionerRies.Ayes –All
The motion passed.
6.UNFINISHED BUSINESS
None.
7.VISITOR PRESENTATIONS
None present.
8.COMMISSION PRESENTATIONS
Chair Miller stated she wished the Building Official, Nick Carver was present this eveningsince
he discussed green building and solar systems at the last ENR meeting.She found a website
address thatis more specific to Minnesota regarding potential for solar systems in our area
mngov/solarapp.
Commissioner Sinn commented that as a follow up tohis judging the high school science fair
recently, one high school science project was about convertingwaste paper into ethanol.
March 21, 2016 2
Environmental and Natural Resources Commission MeetingMinutes
9.STAFF PRESENTATIONS
a.Ramsey –Washington Metro Watershed District Environmental Forum: Pollinators
–Plight and Possibilities (Thursday, March 24 @ 7 p.m.)
Theenvironmental forum will be presented by Dr. Marla Spivak andheld at H.B. Fuller
Company, 1200 Willow Lake Blvd in Vadnais Heights, Thursday, March 24, 2016 at 7:00
p.m.
b.Alliance for Sustainability Comprehensive Plan Workshop (Monday, March 28 @ 6
p.m.)
Thecomprehensive plan workshop will be held for elected leaders, citycommissions,and
community volunteers at Ramsey County Public Works Center, 1425 Paul Kirkwold Drive,
Arden Hills,on Monday, March 28, 2016 from 6:00–8:30 p.m.
c.Maplewood Spring Clean Up (Saturday, April 23, 8 am to 1 p.m.)
The Maplewood Spring Clean Upwill be held Saturday, April 23, 2016 from 8 a.m.to 1
p.m.at Aldrich Arena located at 1850 White Bear Avenue. For more information see the
city’s webpage www.maplewoodmn.gov/cleanups.
d.All Parks Clean Up (Saturday, April 23)
The Maplewood Parks and Recreation Commission inviteyou to participate in the annual
Maplewood Parks Spring Clean Upheld on Saturday, April 23, 2016 from 8 to 10 a.m.
For more information contact Jim Taylor at 651-249-2121 or email him at
james.taylor@maplewoodmn.gov.
e.Nature Center Programs
For information on programs contact the Maplewood Nature Center at (651) 249-2170.
8.ADJOURNMENT
Chair Miller adjourned the meeting at 8:14p.m.
March 21, 2016 3
Environmental and Natural Resources Commission MeetingMinutes
Agenda Item 6.a.
MEMORANDUM
TO:
Environmental and Natural Resources Commission
FROM:
Shann Finwall, AICP, Environmental Planner
SUBJECT:
Implementation of Goals
DATE:
April 13, 2016 for the April 18 ENR Commission Meeting
Introduction
In January the Environmental and Natural Resources (ENR) Commission held a goal setting
session. During the session the ENR Commissionreviewed action items andadopted goals for
2016. During the April ENR Commission meeting, the ENR Commissionshould review the
goals and determine how best to implement them.
Discussion
Action Items
1.Mississippi River Critical Corridor Area (MRCCA):A small portion of Maplewood is
located within the MRCCA, along the southeast corner of the City, south of Carver
Avenue and west of Interstate 494. On April 11, 2016, the Minnesota Department of
Natural Resources (DNR) published a Notice of Hearing to adopt rules for the MRCCA,
beginning the formal comment period on the proposed rules.During this period, an
Administrative Law Judge will review the proposed rules and take public input through a
formal comment and public hearing process. Once the new rules are adopted (projected
for late 2016), they will not take effect in Maplewood immediately. The DNR will work
with the Metropolitan Council and communities in the MRCCA to develop a notification
schedule for communities to begin the process of amendingtheir MRCCA plans and
ordinances to be consistent with the new rules.Notification will be phased over a multi-
year period. It is not clear when the DNR will notify communities to start this process,
but once it starts, it will take about one year to update local plans and ordinances.
2.Partners in Energy: The City of Maplewood adopted the Energize Maplewood!Energy
Action Plan in April 2015. The plan outlines energy actions that will be implemented
over a two- to three-year period. The ENR Commissionshould continue to play a
supporting role in implementation of the energy actions. Specifically in 2016 are three
energy actions that need to be programmed and implemented including energy
awareness and outreach to auto dealerships, restaurants, and churches.
3.Trash and Recycling Collection Contracts: The City’s residential trash and recycling
contracts both end on December 31,2017.In 2016 the ENR Commission should review
those contracts in preparation for next year’s changes. Following is background on the
contracts:
Trash Collection Contract: The City organized its residential trash collection in 2011.
The City has a five-year contract with Republic Services for trash collection that ends
December 31, 2017. The contract also allows two, one-year extensions at the City’s
discretion.
Recycling Collection Contract: The City has had organized residential recycling
collection for many years. The City had a two-year contract with Tennis Sanitation for
recycling collection that ended December 31, 2015. The contract allowed two, one-year
extensions at the City’s discretion. The City extended the contract for two years, with
the extended contract ending December 31, 2017.
Following are issues the ENR Commission should review in preparation of contract
reviews in 2017:
Solid Waste Management Goals
Contract extensions versus Request for Proposals
Feasibility of combing trash/recycling contracts
Curbside organics collection
Spring clean up events
City facilities trash and recycling collection
Park trash and recycling collection
Carts
RFID data
Routing improvements including reducing collection days from fiveto four
Pay as you throw pricing
Goals
1.Urban Agriculture –In 2016 the ENR Commission will continue to review the City’s
ordinances and recommend a new ordinance or zoning code amendments that will
remove barriers and promote urban agriculture, while ensuringno negative impacts to
surrounding properties.
2.Environmental Education –In 2016 the ENR Commission will continue to work on
environmental education and outreach. The ENR Commissionwill identify key
environmental messages to be shared during events and public service announcements
throughout the year. Examples of environmental education include energy awareness,
increased recycling, and urban agriculture.
3.Energize Maplewood!Energy Action Plan: The City of Maplewood adopted the Energy
Action Plan in April 2015 as part of the Partners in Energy programand its partnership
with Xcel Energy. The plan outlines energy actions that will be implemented over a two-
to three-year period. In 2016 the ENR Commission will continue to play a supporting
role in implementation of the energy actions. Specifically in 2016 the ENR Commission
will assist with energy awareness and outreach to auto dealerships, restaurants, and
churches.
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Implementation Strategies
1.Mississippi River Critical Corridor Area: Based on the State’s schedule for reviewing
and adopting the new rules as outlined above, the ENR Commission will not need to
review the City’s MRCCA ordinance until sometime next year.
2.Trash and Recycling Collection Contracts: Ramsey County’s Technical Assistance
Program offers solid waste management technical assistance to cities. Ramsey County
has authorized theirsolid waste management contractor, Foth Infrastructure and
Environment, to assist Maplewood with a review of our trash and recycling contractin
2016. Staff recommends the ENRCommission form a solid waste management
subcommittee toassist with the review. Estimated time commitment is one to three
subcommittee meetings in 2016. Recommendations regarding the trash and recycling
contracts will be brought to the full ENR Commissionfor review.
3.Urban Agriculture: In 2015 the ENR Commission formed an urban agriculture
subcommittee. Subcommittee members were Commissioners Edmundson and Miller.
In 2015 the subcommittee took an urban agriculture tour in the City and met once to
review the City’s zoning code. Commissioner Yingling joined the subcommittee for the
tour and the meeting. Staff recommends the urban agriculture review be brought back
to the full Commission for review and recommendations. Full Commission review is
scheduled to begin April 2016.
4.Environmental Education: In 2015 the ENR Commission formed an environmental
education subcommittee. Subcommittee members were Commissioners Miller, Sinn,
and Yingling. In 2015 the subcommittee met once to plan the educational focus for the
Waterfest booth. Staff recommends the ENR Commission appoint or reappoint
members to serve on an environmental education subcommittee. The subcommittee
should meet to discuss themes for upcoming events and community outreach. In
particular the subcommittee should meet prior to the June 4thWaterfest event to plan
the educational focus for the ENR Commission’s booth. Estimated time commitment is
one to three meetings and/or events.
5.Energize Maplewood! Energy Action Plan: City staff has applied for two grants to assist
with the outreach and education to restaurants and auto dealerenergy actions outlined
in the plan. The first grant would fund one event and live webinar to be held in June.
The event/webinar would cover six topics of key interest to building and business owners
–roofing, parking lots, landscaping, exterior lighting, interior lighting, and special
considerations for restaurants. The second grant would fund a continuation of the event
and webinar as a seriesto begin in September 2016. If funded, City staff would
appreciate assistance from the ENR Commission.Until then no action is required on
this goal, except to continue to support the Energize Maplewood!Team Energy
Challenge for the ENR Commissioners that are participating in the Challenge.
RECOMMENDATION
The ENR Commission should discuss how best to implement the 2016 goals.
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Agenda Item 6.b.
MEMORANDUM
TO:
Environmental and Natural Resources Commission
FROM:
Shann Finwall, AICP, Environmental Planner
DATE:
April 14, 2016, for the April 18 ENR Commission Meeting
SUBJECT:
Urban Agriculture – Zoning Review
Introduction
Urban agricultureis the practice of growing, processing and distributing fresh food by people
living in urban areas. Urban agriculture includes a wide range of activities related to food,
including community gardens, farms, farmers’ markets and more. Urban agriculture is one of
the Environmental and Natural Resources (ENR) Commission’s 2016 goals. In particular, the
ENR Commission should review the City’s ordinances and policies and offer recommendations
on revisions that will remove barriers and promote urban agriculture, while ensuring no negative
impacts to surrounding properties.
Background
In 2015 the ENR Commission formed an urban agriculture subcommittee to begin the urban
agriculture zoning review. In October 2015 the urban agriculture subcommittee met to review
the City’s ordinances and policies to determine how best to remove barriers and promote urban
agriculture.Thismemorandum serves as a summary of the meeting and offers suggestions to
the full ENR Commission on moving forward with the urban agriculture zoning review.
Discussion
Urban Agriculture Goals
The urban agriculture subcommittee began with a discussion of the goals for promoting urban
agriculture including:
Fair access to local foods.
Increase food security.
Encourage participation.
Education.
Move the community toward healthy living.
Support the community.
Quality of life.
Scope of Review
The urban agriculture subcommittee defined the scope of review to include the review of
existing codes to recommend the development of regulations that:
Remove barriers to urban agriculture.
o
Promote urban agriculture.
o
Ensure no negative impacts to surrounding properties.
o
Encourage positive impacts.
o
Integrate community engagement.
o
Offer well balanced guidelines.
o
Review of Existing Codes
The urban agriculture subcommittee reviewed theCity’s existing zoning code to determine
where urban agriculture uses are permitted, or could be interpretedto be permitted, and where
there are barriers to the use.
Residential
Farm District (Sections44-71 and 44-72): It is estimated there are 200 residential lots that
are zoned Farm District. The Farm District zoning is a remnant district from the City’s
agricultural era. As large lots were subdivided into smaller lot residential developments,
Farm zoned land had been rezoned to Single Family ResidentialDistrict (R-1).
Permitted uses in the Farm District include any use permitted in the R-1zoning district,
o
plus commercial farming or gardening, commercial greenhouses or nurseries, and
stands for the sale of agricultural products.
Conditional uses include livestock raising and handling and operating a landscape
o
business as an accessory use.
Single and Double Dwelling Residential Districts Including R-1, R-1(R), R-E, R-1S, R-2
(Sections 44-101,44-117,44-152,44-192,44-241):
Permitted Uses
o
Single family homesand accessory uses.
Bees-Keeping of Certain Animals (Section 10-32):No person shall keep, maintain,
or harbor within the city any animal kept in such numbers or in such a way as to
constitute a likelihood of harm to the public, which constitutes a public nuisance.
Definition of animal includes “insect.” Interpretation –bees are allowed as long as
they don’t become a nuisance.
Composting (Section 30-23): Home lawn, garden waste, and kitchen food scraps
may be composted in small quantities on a residential lot as long as the compost pile
does not create a nuisance for neighbors. Compost piles must be placed at least
five feet from rear and side property line and shall not be placed in a front yard.
Prohibited Uses
o
Raising or handling of livestock and poultry (except chickens as outlined in Article
IX).
Commercial plant nurseries, commercial greenhouses, farms or any structure for the
sale or display of commercial products, when not on a property with a residential
use.
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Uses Allowed with a Permit
o
Home Occupations(Division 2)with a permit approved by the City Council if any of
the following circumstances would occur more than 30 days each year.
Employment of a nonresident.
Customers or customers’ vehicles on the premises.
Home Occupations must not:
Have more than one vehicle associated with the home occupation which is
classified as a light commercial vehicle.
Not generate traffic in greater volumesthan would normally be expected in a
residential neighborhood.
Have more than one non-resident employee workingon the premises.
Have vehiclesassociated with the home occupation parked on the street.
Section 44-101includes permitted uses in residential zoning districts and specifies
that commercial plant nurseries and greenhouses on a property with a dwellingare
allowed with a home occupation license.
Chickens(Article IX): Keeping of up to ten hens with a permit approved by City staff
is allowed in residential districts (except R-1S).
Commercial
Neighborhood Commercial Districts(Section 44-426): Conditional uses include “other uses,
where the City Council finds that the use would be compatible with the neighborhood and
the intent of this division.”Interpretation –an urban agriculture use could be determined to
be compatible with the neighborhood.
Commercial Office District(Section 44-471): Conditional uses to include “public and
quasipublic uses appropriate to the district.”Interpretation –a community garden or other
similar urban agriculture use could be determined to be a public or quasipublic use
appropriate to the district.
Business Commercial Modified(Section 44-556):Prohibited uses in Section 44-559include
exterior storage, display, sale, or distribution of equipment, goods, or materials.
Interpretation –a farmer’s market would be prohibited.
Business Commercial:
Permitted uses in Section 44-511allow the temporary sales of goods, up to six months
o
per year, pursuant to licensing and permitting requirements.Interpretation –temporary
sales can include a farmer’s market or the sale of other urban agriculture products.
Conditional uses in Section 44-512include any building or outside use, except parking,
o
that is within 75 feet of a residential building.Interpretation –any outside use could
include a wide variety of urban agriculture uses including an urban farm, etc.
3
Shopping Center District: Conditional uses in Section 44-597include exterior storage,
display, sale ordistribution of goods or materials, but not including a junkyard, salvage
automobile, or other wrecking yard. The city may require screening of such uses.
Interpretation –sale of goods could include a farmer’s market or the sale of other urban
agriculture products.
Light Manufacturing District:
Permitted uses in Section 44-636allows the temporary sales of goods, up to six months
o
per year, pursuant to licensing and permitting requirements (this ordinance was adopted
by the City Council August 2015); and manufacturing, assembly or processing of food
products, except meat, poultry or fish. Interpretation –temporarysales can include a
farmer’s market or the sale of other urban agriculture products; processing of food
products can include many urban agriculture activities.
Conditional uses in Section 44-637include any building or outside use, except parking,
o
that is within 75 feet of a residential building.Interpretation –an outside use can include
many urban agriculture activities.
Heavy Manufacturing District: Permitted uses in Section 44-676allow the temporary sales
of goods, up to sixmonths per year, pursuant to licensing and permitting requirements (this
ordinance was adopted by the City Council August 2015); and manufacturing, assembly or
processing of food products, except meat, poultry or fish. Interpretation –temporary sales
can include a farmer’s market or the sale of other urban agriculture products; processing of
food products can include many urban agriculture activities.
Conditional Use Permits(Article V): The City Council may issue conditional use permits for
the following uses in any zoning district where they are not specifically prohibited: “Public
and private utilities, public service, or public building uses.”Interpretation –public service or
public building uses can include many urban agriculture activities.
Stationary Sales Location (Section 28-43): No sales of goods, wares or merchandise may
be made from a stationary location, stand or vehicle on public rights-of-way without first
obtaining a permit therefore. Interpretation –the City cannot allow a neighborhood group,
as an example, to use unused right-of-way for a neighborhood garden.
Off-Street Parking(Section 44-17): All uses within commercial zoning districts are required
to supply off-street parking. Parking size and number is based on the use. All off-street
parking spaces must be constructed of hard surface (concrete/bituminous/pervious
pavement) with appropriate drainage controls or an alternative parking method of reinforced-
turf when certain criteria are met. Interpretation –the construction of hard surface parking
spaces is costly and could create a barrier to urban agriculture activities such as a
community garden.
Adjacent Communities
The urbanagriculturesubcommittee researched six surrounding suburban residential
communities for their urban agriculture ordinances and policies (attached). The research found
that many communities have ordinances pertaining to the keeping of animals, in particular
chickens and bees, but there are no ordinances pertaining to the growing or sale of local food.
4
The City of St. Paul has a comprehensive ordinance pertaining to urban agricultureincluding
standards and conditions for all urban agriculture uses. The ENR Commission should review
thestandards for ideas on how theycould be used in Maplewood.
Recommendation
The Environmental and Natural Resources Commission should review the report by the urban
agriculture subcommittee and offer feedback on moving forward with the zoning review.
Attachment
1.Surrounding Community Ordinances
2.City of St. Paul Urban Agriculture Review
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Attachment 1
Surrounding Community Ordinances
City of Shoreview
Keeping of Animals:
1.No person shall keep more than three (3) dogs, three (3) cats,
three (3) Vietnamese Potbellied Pigs or four (4) chickens on residentially zoned property.
The total number of combined licensed animals per residentially zoned property shall not
exceed four (4), with chickens considered one (1) licensed animal.
Chickens:
2.Chickensmay be kept within the City limits on residential properties located
in the RE, Residential Estate Zoning District and the R1, Detached Residential District,
subject to the following conditions:
a.On residential properties less than 2 acres in size: i. A maximum of four (4) hen
chickens or pullets are permitted. ii.Roosters are prohibited.
b.On residential properties containing two (2) or more acres in size:
1)A conditional use permit may be required for more than four (4) hen
chickens or pullets.
2)Roosters may be permitted provided the crowing is not a nuisance.
c. The butchering of chickens is prohibited.
d.Chickens shall be fully contained on the property at all times through the use of
fencing.
e.Shelters must comply with all requirements of the Development Code concerning
accessory structure and said structures shall not be placed in the front, side yard
or side yard abutting a street on residential property. Said shelters shall be
setback a minimum of 30-feet from an adjacent principal dwelling.
f.Food materials that are stored outside shall be in closed containers with lids.
g.All containment areas and shelters shall be maintained in a clean, sanitary, and
odor free environment and shall be free from the presence of rodents or vermin
at all times.
h.Chickens shall not be raised or kept for fighting. Cockfighting is prohibited.
i.No person shall keep, maintain or breed chickens on property located within the
City of Shoreview unless a license is obtained pursuant to the provisions stated
herein. Application shall be made on a form provided by the City Manager. The
City Council shall from time to time set a fee by ordinance for the initial license
and the bi-annual renewals. The City Animal Control Officer will conduct an
inspection of the property to determine compliance with the license and
ordinancestandards. The license fee must be submitted with the application. The
fee will be established by City Council ordinance. A license shall be issued for a
period of two years. Upon completion of the application form, receipt of the
license fee, the City Manager shall cause a license to be issued to the applicant.
An applicant who has obtained a license shall notify the City Manager of the
applicant’s address changes within the corporate limits of the City within ten (10)
days of an address change.
1
City of Oakdale
Keeping of Animals:
Pet owners with more than 3 of any single type of domestic animal, over
3 months old, need to obtain a Special Use Permit from the Oakdale Police Department.
Special Use Permits are also need for hoofed animals, bees, and wild/exotic animals.
No person shall keep or permit more than one live rabbit, or any chinchilla, mink, chicken,
turkey, duck, goose, pigeon, or similar small animal or bird, in any dwelling or on the same lot or
premises as a dwelling or other such premise within the city without a permit. This paragraph
does not apply to any hamster, gerbil, white rat, mouse or guinea pig maintained as a pet.
No person shall keep or allow to be kept any man-made or manufactured hive or other facility
for the housing of bees within the city without a permit.
City of Stillwater
Keeping of Bees:
Subd. 1.Definitions. The following words and terms shall have the meanings ascribed in this
section unless the context of their usage indicates another usage.
"Apiary" means the assembly of one or more colonies of bees at a single location.
"Beekeeper" means a person who owns or has charge of one or more colonies of bees.
"Beekeeping equipment" means anything used in the operation of an apiary, such as hive
bodies, supers, frames, top and bottom boards and extractors.
"Colony" means an aggregate of bees consisting principally of workers, but having, when
perfect, one queen and at times drones, brood, combs, and honey.
"Hive" means the receptacle inhabited by a colony that is manufacturedfor that purpose.
"Honey bee" means all life stages of the common domestic honey bee, apis mellifera (African
subspecies and Africanized hybrids are not allowed).
"Lot" means a contiguous parcel of land under common ownership.
Subd. 2.Purpose of ordinance.The purpose of this section is to establish certain requirements
for beekeeping within the city, to avoid issues that might otherwise be associated with
beekeeping in populated areas.
1.Compliance with this section 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.
2.Compliance with this section 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.
Subd. 3.Standards of practice.
1.Honey bee colonies shall be kept in hives with removable frames, which must be kept in
sound and usable conditions.
2
2.Each beekeeper must ensure that a convenient source of water is available within ten
feet of each colony at all times that the colonies remain active outside the hive.
3.Each beekeeper must ensure that no wax comb or other material that might encourage
robbing by other bees are left upon the grounds of the apiary lot. Such materials once
removed from the site shall be handled and storedin sealed containers, or placed within
a building or other vermin-proof container.
4.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.
5.Honey bee colonies may only be kept on single-family residential property zoned A-P
(Agriculture Preserve), RA (Single-Family Residential), RB (Two-Family Residential), TR
(Traditional Residential), LR (Lakeshore Residential), CR (Cottage Residential), or CCR
(Cove Cottage Residential). One exception to the single-family residential standard is
that honeybee colonies may be kept on a two-family property if it is zoned RB and a
resident owner of the property is the beekeeper.
6.Each beekeeper is allowed to make in person sales of honey from the beekeeper's
residence as long as the following standards are met:
a.The beekeeper must live on the apiary lot;
b.All honey sold in person on the residential premise must be produced by the
beekeeper's hives that are located on the subject residential premise;
c.No products may be sold in person at the residence except honey produced from
hives on the premise;
d.No outside storage or display of products or merchandise;
e.No traffic that is greater than the residential level of the neighborhood;
f.No separate business entrance;
g.Only one sign, located on the apiary lot, with a dimension not exceeding two
square feet;
h.Not more than 15 percent of the total gross floor area of the residence or 300
square feet, whichever is less is devoted to making, storing and selling honey;
i.No activity or equipment may be used that creates noise, vibration, glare, fumes,
odor, or electric or television interference is permitted if it is detectable by
adjacent neighbors; and
j.No nonresident employees are permitted.
Subd. 4.Colony density.
1.No person is permitted to keep more than the following numbers of colonies on any lot
within the city, based upon the size of the apiary lot:
a.One-half acre lot or smaller: two colonies;
b.Lot larger than half acre but smaller than three-fourths acre: four colonies;
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c.Lot larger than three-fourths acre lot but smaller than one acre: six colonies;
d.One acre lot but smaller than five acres: eight colonies;
e.Larger than five acres: no restriction.
2.In each instance where a colony is kept less than 25 feet from a property line of the lot
upon which the apiary is located, the beekeeper shall establish and maintain a flyway
barrier at least six feet in height.
Subd. 5.Permit required.
1.No beekeeping may occur on any property in the city unless the city issues a permit to
the beekeeper on that specific property. The permit will be valid for two growing
seasons.
2.A beekeeping permit will only be issued if: a) the permit application documents the
satisfaction of all applicable items found insection 27-3of the City Code and, b) notices
have been mailed to all homes within 150 feet of the applicant's property lines.
3.If there are objections received within ten days of mailing the notices, then the permit
application must be considered by the city council.
4.If there are no objections received within ten days of mailing the notices, then the permit
application will be processed by city staff. It will not be referred to the city council for
consideration.
5.Permits are non-transferable and do not run with the land.
6.A permit constitutes a limited license granted to the beekeeper by the city and in no way
creates a vested zoning right.
7.By signing the permit, the beekeeper acknowledges that he or she shall defend and
indemnify the city against any and all claims arising out of keeping the bees on the
premises.
8.The fee for the initial permit shall be as established by the city council. For each
subsequent permit, there shall be no fee for the permit, unless there are substantial
changes to the apiary or there is a new beekeeper.
7.All standards of practice and colony density standards must be met in order to issue a
permit.
8.If the standards of practice are not maintained subsequent to issuance of a beekeeping
permit, the permit may be revoked by the city.
9.Beekeeping training is required for the beekeeper prior to issuance of an initial
beekeeping permit by the city.
10.Either provide a certificate of completion from a honeybee keeping course from the
University of Minnesota or from Century College;
11.Request consideration for having completed a comparable course from another
institution or instructor;
12.Request consideration for substituting equivalent experience for the honeybee keeping
course; or
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13.Provide a letter from a current beekeeping instructor at the University of Minnesota,
Century College, or other educational institution offering similar beekeeping courses that
states that the permit applicant has gained through other means a substantially similar
knowledge base to one that could be gained through appropriate beekeeping courses at
the University of Minnesota or Century College.
14.Any beekeeper wishing to make in person sales of honey from their home according to
the standards of practice section must so indicate on the annual permit.
Subd. 6.Penalty for violation of section.Any person who shall violate the provisions of this
section shall be guilty of a misdemeanor.
City of Falcon Heights
Keeping of Chickens:
Any person who keeps chickens in the city must obtain a permit prior to
acquiring the chickens. Chickensmay only be kept in zoning districts where chickens are an
allowed accessory use. The initial permit is valid for up to two years beginning on the date the
chickens arrive on the site and ending on December 31 of the following year. Subsequent
permits arevalid from January 1 of one year to December 31 of the second year. Applications
for permits must be made to the zoning and planning director.
1.Fees charged for the issuance of a permit to keep chickens will be set by the city
council.
2.If the permit applicant is not the fee owner of the premises on which the chickens are
sought to be kept and for which the permit would apply, the application shall be signed
by all fee owners of the premises.
3.The city may refuse to grant or may revoke a permit if the chickens become a
nuisance, as evidenced by a second substantiated violation (within 12 months of a
first substantiated violation) of this section of the City Code, orchapterof the City
Code.
4.The city may refuse to grant a permit to, or may revoke apermit from, a person
convicted of cruelty to animals.
5.Permits are non-transferable and do not run with the land.
6.A permit is a license granted to the chicken keeper by the city and does not create a
vested zoning right.
7.Prior to issuance of a permit, the prospective permit holder must acknowledge they
have read the chicken run educational material provided by the city.
8.Prior to issuance of a permit, the prospective permit holder must provide a detailed
sketch plan of the premises on which chickens are sought to be kept, including the
location, the dimensions and design of the coop and run, establishing compliance with
the chicken coop and run specifications provided in this article.
9.Prior to issuance of a permit, the prospective permit holder must provide a plan for
maintaining an adequate temperature in the coop for the safety of the chicken hens.
The plan must address both extreme winter and summer temperature conditions.
5
10.The permit application will be processed administratively. It will not be referred to the
city council for consideration.
11.Permit Regulations.Each person holding a permit to keep chickens within the city
must comply with the following:
a.The principal use of the specific property must be either single-family
residential or two-family residential. A permit will not be issued for any property
which is used principally for something other than single-family or two-family. If
the property's principal use is two-family residential, then the property owner
must sign the permit in addition to the chicken keeper.
b.No person may keep more than four chickens.
c.No person may keep a rooster.
d.No person may allow chickens to range freely without fencing or without a
mobile pen.
e.No person may keep any chickens inside a house or garage.
f.No person may slaughter any chickens within the city.
g.Chickens must be provided a secure and well ventilated roofed structure
("chicken coop").
h.The roofed structure for the chickens may only be located in a rear yard and
must meet setback and building separations as established in city zoning and
building codes, except that the roofed structure and fencing must maintain a
20-foot separation from dwellings on adjacent properties.
i.The roofed structure shall be fully enclosed, windproof, and have sufficient
windows for natural light.
j.All premises on which hens are kept or maintained shall be kept clean from
filth, garbage, and any substance which attracts rodents. The coop and its
surrounding must be cleaned frequently enough to control odor. Manure shall
not be allowed to accumulate in a way that causes an unsanitary condition or
causes odors to be detected on another property. Failure to comply with these
conditions may result in removal of chickens from the premises or revocation
of a chicken permit.
k.Chickens must be kept in the roofed structure, an attached pen, or a detached
mobile pen whenever they are unattended by the keeper; but when attended
by the keeper, the chickens are allowed in a completely fenced exercise yard.
l.The coop's attached pen must be securely constructed with at least a mesh-
type material and shall have protective overhead netting to keep the chickens
separated from other animals.
6
m. The coop's attached pen must be well drained so there is no accumulation of
moisture.
n. The floor area of the roofed structure or a combination of the floor area and
attached pen area must equal at least ten square feet of area per chicken.
o.All grain and food stored for the use of the hens on a premises with a chicken
permit shall be kept in a rodent-proof container.
p.Leg bandings are required on all chickens. The bands must identify the owner
and the owner's address and telephone number.
City of Roseville
Nourban agriculture ordinances.
City of Cottage Grove
Keeping of Animals:
Any person keeping fowl or poultry in any zoning district on land with
three (3) to less than five (5) acres of land within the city of Cottage Grove shall comply with the
following:
1.License Required: Any person who keeps fowl or poultry in the city of Cottage Grove
must obtain an annual license prior to acquiring the fowl or poultry. The annual license is
valid on the date the fowl or poultry arrive on the site and ending on December 31.
Subsequent licenses are valid from January 1 to December 31. Applications for licenses
must be made to the city clerk's office.
a.Annual License Fee: Fees charged for the issuance of an annual license for
keeping fowl or poultry will be set by the city council in the annual fees resolution.
An inspection of the coop and outdoor run will be performed annually.
b.Denial; Revocation: The city may refuse to grant or may revoke an annual
license if the fowl or poultry become a nuisance, as evidenced by a second
substantiated violation (within 12 months of the first substantiated violation).
c.Cruelty To Animals: The city may refuse to grant an annual license to, or may
revoke a license from, a person convicted of cruelty to animals.
d.Nontransferable: An annual license is nontransferable and does not run with the
land.
e.License Limited: An annual license constitutes a limited license granted to the
landowner by the city and in no way creates a vested zoning right.
f.Publications To Be Read: Prior to issuance of a license, the prospective annual
license holder must acknowledge they have read theChickenRun Rescue
publication entitled "Recommendations For Municipal Regulations Of
UrbanChickens (2010)" or similar publications approved by the city.
7
g.Maintaining Adequate Temperature: Prior to issuance of an annual license, the
prospective annual license holder must provide a plan for maintaining an
adequate temperature in the coop for safety of the fowl or poultry. The plan must
address both extreme winter and summer temperature conditions.
h.Exceptions: This section does not apply to animals which are temporarily brought
into the city for the purpose of participating in any circus, show, parade, or
special event; nor does it apply to any public zoo, or persons keeping animals for
a public zoo as volunteers, docents or otherwise; nor to any bona fide research
institution, public or private schools, or veterinary hospital, provided protective
devices adequate to prevent such animal from escaping or injuring the public are
provided.
2.License Application: Any person desiring a license required under the provision of this
section shall make written application to the city clerk upon a form prescribed by and
containing such information as required by the city clerk. Among other things, the
application shall contain the following information:
a.A description of the real property upon which it is desired to keep fowl or poultry.
b.The breed and number of fowl or poultry to be maintained on the premises.
c.A site plan of the property showing the location and size of the proposed coop
and run, setbacks from the coop and run to property lines and surrounding
buildings (including houses and buildings on adjacent lots), and the location,
style, and height of fencing proposed to contain the fowl or poultry in a run or
exercise area. Portable coops and cages are allowed, but portable locations
must be included with the site plan.
d.Statements that the applicant will at all times keep the fowl or poultry in
accordance with all the conditions prescribed by city ordinance and/or the city
clerk, or modification thereof, and that failure to obey such conditions will
constitute a violation of the provisions of this section and grounds for cancellation
of the license and removal of the fowl or poultry from theproperty.
e.Such other and further information as may be required by the city clerk.
f.A building permit is required for the coop. If electricity is proposed for the coop,
an electrical permit is also required.
3.License Conditions:
a.If granted, the license shall be issued by the city clerk and shall state the
conditions, if any, imposed upon the licensee for the keeping of fowl or poultry
under this license. The license shall specify the restrictions, limitations,
conditions, and prohibitions which the city deems reasonably necessary to
protect any person or neighboring use from unsanitary conditions, unreasonable
noise or odors, or annoyance, or to protect the public health and safety. Such
license may be modified from time to time or revoked by the city for failure to
conform to such restrictions, limitations, or prohibitions. Such modification or
8
revocation shall be effective after ten (10) days following the mailing of written
notice thereof by certified mail to the person or persons licensed to keep such
fowl or poultry.
b.The city shall grant a license for fowl or poultry after the applicant has sought the
written consent of one hundred percent (100%) of the owners or occupants of
privately or publicly owned real estate that are located adjacent (i.e., sharing
property lines) on the outer boundaries of the premises for which the license is
being requested.
Where an adjacent property consists of a multiple dwelling or multi-tenant
property, the applicant must obtain the written consent of theowner or manager,
or other person in charge of the building and tenants within the building. Such
written consent shall be required on the initial application and as often thereafter
as the city deems necessary.
c.Each person holding a license to keep fowl or poultry on property with three (3) to
less than five (5) acres of land within the city of Cottage Grove shall comply with
the following:
1)Only one annual license for keeping fowl or poultry will be granted per
parcel.
2)The principal use of thespecified property must only be single-family
residential. An annual license will not be issued for any property which is
used principally for something other than single-family.
3)No person may keep more than a cumulative total of four (4) fowls or
poultries.
4)Keeping a rooster is prohibited.
5)No fowl or poultry shall be allowed to roam freely without being within a
completely enclosed pen.
6)Keeping live fowl or poultry inside a house or attached garage is
prohibited.
7)Butchering a fowl or poultry must not be in public view.
d.Fowl or poultry must be provided a secure and well ventilated roofed structure
("coop").
1)Location: The coop may only be located in a rear yard.
2)Separation From Dwellings: The coop must maintain a minimum one
hundred foot (100') separation from all dwellings on adjacent properties
and a minimum fifty foot (50') separation from any property line that
adjoins public right of way or land.
9
3)Roof: The roof structure must be fully enclosed, waterproof and
windproof.
4)Sanitation: The floors and walls of the coop shall be kept in a clean,
sanitary and healthy condition with all droppings collected on a daily basis
and placed in a fireproof covered container until transported off the
premises to a proper disposal site. Droppings applied as fertilizer or
mixed in with compost is prohibited.
5)Unattended Fowl Or Poultry: Fowl or poultry must be kept in the coop, run
or a detached mobile pen whenever they are unattended by the keeper.
6)Floor Height: The coop's floor must be a minimum of twenty four inches
(24") above the ground.
7)Floor Area: The floor area of the roofed coop must be equal to at least
four (4) square feet of area per fowl or poultry and not greater than fifty
(50) square feet.
8)Windows: The coop must have a minimum of one square foot window per
ten (10) square feet floor space. Windows must be able to open for
ventilation.
9)Climate Control: Adequate ventilation and/or insulation to maintain the
coop temperature between thirty two (32) and eighty five degrees
Fahrenheit (85°F).
10)Construction: Coops and pen enclosures must be constructed and
maintained in a workmanlike manner. Exterior finishes must be
constructed of quality weather resistant materials consisting of wood,
metal, or engineered composite materials that are similar to the color
palette of the principal structure. The coop and outdoor run must be
maintained in a condition of reasonable repair and must not remain in a
condition of disrepair or constitute a nuisance. Fiberglass or steel
corrugated materials, metal hoops or PVC materials, cotton, nylon or
plastic fabrics are prohibited. The coop roof shall be covered with
fiberglass shingle roof materials.
11)Number Allowed: Only one coop and outdoor run per parcel.
e.All grain and food stored for the use of the fowl or poultry must be kept in a
rodentproof manner.
f.An outdoor run or exercise yard is required and must be constructed and
maintained to meet the following standards:
1)Location: The outdoor run may only be located in a rear yard and must
maintain a minimum one hundred foot (100') separation from all dwellings
on adjacent properties and a minimum fifty foot (50') separation from any
property line that adjoins public right of way or land.
10
2)Size: A minimum of ten(10) square feet per fowl or poultry and not
greater than one hundred (100) square feet of gross area.
3)Height: Six feet (6') in height to allow access for cleaning and
maintenance.
4)Gate: One gate to allow human access to the run.
g.Attached Pen;Construction: The coop's attached pen must be securely
constructed with at least a mesh type material and shall have protective
overhead netting to keep the fowl or poultry separated from other animals.
h.Attached Pen; Drainage: The coop's attached pen must be well drained so there
is no accumulation of moisture or become an erosion issue.
i.Mulch Materials: If the ground surface within the outdoor run area becomes
barren soil and without grass covering the area, then mulch materials must be
placed on the exposed ground surface.
4.Fowl and/or poultry shall not be kept in such a manner as to constitute a nuisance to
occupants of adjacent property.
5.Eggs, chicks, adult fowl or poultry shall not be sold.
6.No person shall keep, maintain or harbor within the city of Cottage Grove any animal or
species that is prohibited by federal or Minnesota law.
11
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