HomeMy WebLinkAbout2016-09-19 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCESCOMMISSION
Monday, September 19, 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:July 18, 2016
5.New Business
a.Trash/Recycling Contract Review
6.Unfinished Business
a.Urban Agriculture -Zoning Review
7.Visitor Presentations
8.Commission Presentations
a.Chair Miller -Pollinator Community AwardPresented to the City of Maplewood
on September 11, 2016, by the Pollinator Friendly Alliance
9.Staff Presentations
a.Fall Clean Up Campaign(Last Four Full Weeks in October)
b.Energize Maplewood!Update
c.Tour of Tennis Sanitation’s Expanded Recycling Facility (Possible Dates -
October 5, 12, 14, 28)
d.Nature Center Programs
10.Adjourn
Agenda Item 4
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
7:00 p.m., Monday,July18, 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 7:05
p.m.by Chair Miller.
2. ROLL CALL
Keith Buttleman, Commissioner Present
MaryHenderson, Commissioner Absent
Mollie Miller, Chair Present
Ann Palzer, Commissioner Absent
Ryan Ries, Commissioner Present
Tom Sinn, Vice Chair Present
Ginny Yingling, Commissioner Present
Staff Present
Shann Finwall, Environmental Planner
3. APPROVAL OF AGENDA
Commissioner Buttlemanmoved to approve the agenda as submitted.
Seconded by CommissionerSinn. Ayes – All
The motion passed.
4. APPROVAL OF MINUTES
CommissionerRies moved to approve the June 20, 2016, Environmental and Natural Resources
Commission meeting minutes as submitted.
Seconded by CommissionerYingling. Ayes – All
The motion passed.
5. NEW BUSINESS
a.GreenStep Cities – Step 4 Award
i.Environmental Planner, ShannFinwall gave the reporton the GreenStep Cities
Step 4 Award.
Maplewood received the highest recognition in the GreenStep Cities program during the
June League of Minnesota Cities conference in St. Paul. Step 4 is awarded to cities that
begin to measuretheir sustainability best practices. The GreenStep Cities program
coordinators are now designing the final recognition in the program – Step 5 – which will
challenge cities to show improvement in the sustainability measurements. More
July 18, 2016
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Environmental and Natural Resources Commission MeetingMinutes
information can be found on the City’s GreenStep Cities webpage at
www.maplewoodmn.gov/greenstepcities
b.City of Maplewood Greenhouse Gas Assessment –Presentation by Ted Redmond,
Co-Founder of Pale Blue Dot,LLC.
i.Environmental Planner, Shann Finwall introduced the itemand the presenter Ted
Redmond.
ii.Co-Founder of Pale Blue Dot,LLC,Ted Redmond, gave the presentation on the
greenhouse gas assessment and answered questions of the commission.
The GreenStep Cities –Step 4 metrics require that a City measure its city-wide and city-
operation GHG. In 2016 Ted Redmond, co-founder of Pale Blue Dot, LLC, and a resident
of Maplewood, donated his services to the City to complete a GHG baseline assessment.
For additional information visit the City’s website at
http://www.ci.maplewood.mn.us/1639/Greenhouse-Gas-Assessment
6.UNFINISHED BUSINESS
a.Urban Agriculture –Zoning Review
i.Environmental Planner, Shann Finwall gave the update on the Urban Agriculture
Zoning Reviewand answered questions of the Commission.
The Commission discussed the following:
Maximum number of chickens should be based on the size of the lot, with an
overall maximum of 30 to 50 chickens.
Change the requirement for 100 percent neighborhood approval to a majority
of neighbor approval.
Backyard beekeeping -add language that promotes backyard beekeeping with
some regulations including a definition of beesand the location of the hive
from the property line.
Aquaculture –change the language to allow aquaculture in the M-1 zoning
district. Look into laws regarding the release ofinvasive species into the
waterways.
Staff will bring further information back to the commission.
7.VISITOR PRESENTATIONS
th
Glenn Olson, Vice Chair on the North St. Paul Environmental Commission, 2027 –17Avenue
East, North St. Paul, addressed the Commission.Mr. Olsonstated North St. Paul completed
Step 3 in the GreenStep Cities program. Mr. Olson said he was curious how the ENR
Commission in Maplewood operates sohe decided to attend a meetingand hopes that the two
commissions can work on projects together in the future.
8.COMMISSION PRESENTATIONS
None.
9.STAFF PRESENTATIONS
a.National Night out –August 2, 2016
Environmental Planner, Shann Finwall explained that National Night Out is scheduled for
nd
Tuesday, August 2.The Commission is invited to join staff while attending National
Night Out parties to educate and promote Maplewood’s environmental programs. In
July 18, 2016
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Environmental and Natural Resources Commission MeetingMinutes
particular, staff will be visiting parties to promote the upcoming Energize Your
Congregation! Energy Challenge.
b.Solar Garden Subscription Agreement Update
The City Council approved the community solar garden subscription agreement.With the
agreement, Maplewood willadvance its renewable energy goals and will see a savings of
$201,707 in rebates to our electric bill over a 25 year time period.The community solar
garden is proposed to be constructed in Scandia, Minnesota. The garden is scheduled to
be complete by early next year.
c.Nature Center Programs
Environmental Planner, ShannFinwall presented the upcoming Nature Center Programs.
For more information visit the Nature Center’s website at www.maplewoodmn.gov/nc.
10.ADJOURNMENT
Chair Miller adjourned the meeting at 8:20p.m.
July 18, 2016
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Environmental and Natural Resources Commission MeetingMinutes
Agenda Item 5.a.
MEMORANDUM
TO: Environmental and Natural Resources Commission
FROM:Shann Finwall, Environmental Planner
Chris Swanson, Environmental and Code Specialist
DATE:September 14, 2016 for the September 19ENR Commission Meeting
SUBJECT: Trash/Recycling Contract Review
Introduction
The City’s residential trash and recycling contracts will end December 31, 2017.During the
September Environmental and Natural Resources (ENR) Commission meeting the Commission
will review the existing contracts,discuss solid waste policies, and draft a timeline for the
contract review.
Background
Following are details regarding Maplewood’s trash and recycling contracts:
Trash Collection Contract (www.maplewoodmn.gov/trash)
Contracted Hauler - Republic Services
Contract Ends - December 31, 2017with the opportunity for two one-year extensions at the
City’s discretion.
Collection Area – Curbside collection of single family residential homes with four or less
units. Manufactured homes and townhomes can opt into the program.
Materials Collected –Trash, yard waste, and bulky items.
Carts – City supplies the carts in four sizes and Republic Services manages the carts.
Billing – Republic Services does the billing.
Recycling Collection Contract (www.maplewoodmn.gov/recycling)
Contracted Hauler - Tennis Sanitation
Contract Ends - December 31, 2017with no language in the contract that would allow
extensions.
Collection Area – Curbside collection of single family residential homes (including
townhomes and manufactured homes) and centralized collection at multi-familyhomes
(apartments). Churches and small businesses can opt into the program.
Materials Collected –Single sort recyclables.
Carts – Tennis Sanitation supplies the carts in three sizesto single-family, townhomes, and
manufactured homes and 95 gallon carts to multi-family homes.
Billing – Recycling feeisaddedto residential water bills.
Discussion
Ramsey CountySolid Waste Master Plan
Ramsey County’s Solid Waste Master Plan
(2011 to 2030) is established in Minnesota statute to
guidethe County’s solid waste system development. Key themes in the plan include:
1.Accountability-waste is everyone’s responsibility, not just government’sresponsibility.
2.Waste as a Resource -Waste should be considered a resource, saving money, energy and
reducing pollution.
3.Solid Waste Hierarchy -The solid-waste management hierarchy identified in state law
should guide decision making:
a.Waste reduction and reuse
b.Waste recycling
c.Composting of yard waste and food waste
d.Resource recovery through composting or incineration
e.Land disposal
4.Waste Generators -Generators of waste are responsible for the waste they produce.
5.Lead by Example -Government, in all its functions, generates waste, and should serve as a
leader in properly handling waste.
6.Product Stewardship -Product stewardship, which is a preventive approach to waste, and
which creates shared responsibility, is a key future direction.
7.Private-Sector Initiatives -Private-sector initiatives are key for the future, with State law
giving preference toprivately provided services.
8.Greenhouse Gas -Greenhouse gas reductions can be met by handling waste appropriately.
Cities in Ramsey County oversee the collection of trash and recycling from the curb. Ramsey
County works with cities to ensure the goalsof the master plan are met. They support the solid
waste goals through waste handling at the Ramsey/Washington County Resource Recovery
Facilityand the household hazardous waste/yard waste/organic collection programs.Ramsey
County also uses outreach and education, planning and evaluation, regulation, financial
incentives, technical assistance and consultation to accomplish the master plan objectives.
Jean Buckley, Health Educator with the Ramsey County Public Health Department, will be
present during the September ENR Commission meeting. Ms. Buckley will update the ENR
Commission on Ramsey County’s solid waste goals and offer feedback and guidance on
Maplewood’s solid waste program. In addition, Ramsey County has authorized technical
assistance to the City of Maplewood for the review and drafting of request for proposals (RFPs)
for new trash and recycling contracts. During upcoming meetings staff and the Commission will
work with the County’s solid waste consultant, Dan Krivit of Foth Infrastructure and
Environment, on the project.
Maplewood Solid Waste Program
In addition to the trash and recycling collection contracts, Maplewood’s solid waste program is
regulated by the City’s solid waste management ordinance and standards. These regulations
were updated in 2012 after the City organized its residential trash hauling. The goal of the
ordinance and standards is to improve solid waste management and to serve the following
purposes:
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1.Encourage the separation and recovery of materials and energy from waste.
2.Ensure the protection of public health and safety and promote city cleanliness and livability.
3.Promote best management practices in solid waste management to protect air quality, water
quality, and natural resources.
4.Be consistent with the requirements of the State statutes, State rules and Ramsey County
ordinances, and with State and Ramsey County solid waste plans.
5.Provide high quality solid waste and recycling services in the most cost-effective manner
possible.
6.Coordinate solid waste management among political subdivisions.
Policy Considerations
In April 2016 the ENR Commission appointed three Commissioners to serve on the
trash/recycling subcommittee. The subcommittee met on July 12 to detail solid waste
management goals and policies to be reviewed by the full Commission:
1.Solid Waste Management Goals–Outline goals that will help guide the future of
Maplewood’s solid waste managementprogram.
2.Contract Extensionsversus Request for Proposals–Maplewood could negotiate with the
existing haulers for extensions of their contracts. But to ensure the most competitive pricing
and services, the City should obtain proposals from other haulersas well.
3.Feasibility of Combining the Trash and Recycling Contracts–Currently the City contracts
with two separate haulers for trash and recycling. An RFP could include the option for one
contractor to take over the trash and recycling.
4.Organics Collection–Consider opportunities for curbside organics collection.
5.Spring Clean UpEvents–Maplewood contracts with a separate hauler for its annual Spring
Clean Up events. This service could be included in a new contract.
6.City Facilities –Maplewood contracts with a separate hauler for the collection of trash,
recycling, and organics at City facilities. This service could be included in a new contract.
7.Public Space –Maplewood’s Park Department collects trash and recycling from the parks
and disposes it at centralized locations for collection by the City’s haulers. A new contract
could include additional services for public space recycling.
8.Trash and Recycling Carts–Maplewood supplies the carts for trash service. The City could
consider purchasing carts for its recycling program as well.
9.Radio Frequency Identification Data (RFID)–Maplewood’s trash carts are equipped with
RFID. The purpose of the RFID was for cart inventory and customer service. What type of
improvements could be made with the RFID system?
10.Routing Improvements –Review routing improvements including reducing collection days
from fiveto four.
11.Pay as YouThrow Pricing–A successful pay as you throw program would have pricing
variables of at least 150 percentper cart.The City should consider incorporatingpay as you
throw pricing in the future pricing.
12.Revenue Share –Consider opportunities for revenue share for recyclables.
Proposed Timeline
The City should ensure there is adequate time to prepare for new conditions once contracts are
approved. As such, new contracts should be in place by July 2017 to allow at least five months
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of preparation. With this deadline in mind, the proposed timeline for the trash/recycling contract
renewal is as follows:
October 2016 through January 2017 –review existing contracts and draftRFPs.
February 2017 –approve RFPs.
March 2017 -release RFPs.
May 2017 -review proposals.
June 2017 –draft new contracts.
July 2017-approve new trash and recycling contracts.
August through December 2017 –preparation for new contract conditions including
education and outreach, possible ordinance and standards amendments, etc.
Recommendation
Review the trash and recycling contract updates, policy review, proposed timeline,and be
prepared to discuss and offer feedback during the September Environmental and Natural
Resources Commission meeting.
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Agenda Item 6.a.
MEMORANDUM
TO: Environmental and Natural Resources Commission
FROM: Shann Finwall, AICP, Environmental Planner
DATE: September 15, 2016 for the September 19 ENR Meeting
SUBJECT: Urban Agriculture Zoning Review
Introduction
The Environmental and Natural Resources (ENR)
Animal agriculture (keeping of chickens, etc.)
Crop agriculture (community gardens, etc.)
Direct to consumer sales (farm stands, etc.)
City Programming (composting classes, etc.)
Background
zoning code to determine
where urban agriculture uses are permitted, or could be interpreted to be permitted, and where
there are barriers to the use (Attachment 1). During the September meeting the ENR
Commission will continue their focus on animal agriculture. In particular, reviewing
amendments to the chicken ordinance,regulations for backyard beekeeping, and amendments
to the manufacturing zoning district to allow aquaculture and aquaponics uses.
Discussion
Keeping of Chickens
The City of Maplewood adopted a chicken ordinance on July 11, 2011. The ordinance allows
the keeping of up to ten chickens (hens only) on residential property with a permit.
During the July Environmental Commission meeting the Commission proposed several changes
to the chicken ordinance. Two notable changes include: 1) neighborhood consent - changing
from 100 percent to a majority; and 2) number of chickens changing from a maximum of 10 to
a maximum number based on space requirements, not to exceed 30 chickens. These edits and
others are reflect on the attached ordinance (Attachment 2).
The chicken ordinance was drafted in 2011 as a way to promote urban agriculture by allowing
residential properties to cultivate their own food sustainably by raising chickens for egg and
meat sources. Since that time the City has received requests to keep other types of poultry for
these same reasons including quail and pheasants. All of these birds, including chickens, are
Galliformes. Galliformes are an order of bird that includes chicken, grouse, quail, ptarmigan,
partridge, pheasant, and turkey. Staff is including a revision in the attached ordinance that
would allow the keeping of all Galliformes except turkey in residential districts.
Keeping of Bees
During the July Environmental Commission meeting the Commission reviewed code language
for backyard beekeeping (see below). The code is proposed to promote the backyard
beekeeping as an urban agriculture use and to regulate the location of bee hives in order to
alleviate nuisances. One change the Commission suggested was adding Minnesota native
bees to the definition. Staff reviewed this and determined that the City code should only deal
with domestic honeybees that produce honey.
The Citys policies and programs will help promote and protect native bee populations. The
Maplewood City Council adopted a pollinator resolution in January 2016 to help protect
Minnesota native bees and other pollinators. The resolution commits the City to developing
even stronger policies and practices to help protect pollinators. Staff will be drafting those
policies and practices this fall. More information can be found on the Citys pollinator webpage
at www.maplewoodmn.gov/pollinators.
Proposed Backyard Honeybee Code Language
Definitions:
Bee domestic honeybees, Apis mellifera
Beekeeping keeping of bees in a hive.
Hive a structure intended for the housing of a bee colony.
Zoning Districts:
Beekeeping is permitted outright (in all zoning districts) as an accessory use.
Hive Location:
No hive shall be located closer than 5 feet from any property line.
No hive shall be located closer than 10 feet from a public sidewalk or 25 feet from a principal
building on an adjoining lot.
No hive shall be located on a rooftop unless inspected and permitted by the building
department.
General Regulations:
A constant supply of water shall be provided for all hives.
Care must be taken so as not to cause a public nuisance.
Aquaculture and Aquaponics
Aquaculture is the farming of aquatic organisms such as fish, crustaceans, and mollusks. It
involves cultivating freshwater and saltwater aquatic populations under controlled conditions for
the production and sale of fish. Aquaponics is a closed-loop system between plants and fish. It
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involves cultivating fish and plants in a symbiotic environment for the production and sale of fish
and produce.
Residential Aquaculture and Aquaponics
not include a definition for these uses and does not specify
where they would be permitted. However, in residential districts the home occupation ordinance
could allow a small scale residential aquaculture or aquaponics business with a home
occupation permit. Home occupation permits require a public hearing with the Planning
Commission and final approval by the City Council. Nuisances associated with the small scale
residential aquaculture and aquaponics uses would be addressed at that time.
One nuisance discussed during the July Environmental Commission meeting was the release of
invasive fish into Minnesota waterways from a residential aquaculture and aquaponics system.
Minnesota has a law that prohibits the release of invasive species that can threaten natural
resources (http://www.dnr.state.mn.us/invasives/laws.html). This is covered by state law and
would be reviewed and discussed during a request for an aquaculture or aquaponics home
occupation permit.
Commercial Aquaculture and Aquaponics
The manufacturing zoning districts specifically prohibits the assembly or processing of fish,
which can be interpreted to mean that aquaculture or aquaponics uses are prohibited. To
promote the uses within manufacturing zoning districts, staff recommends the following
amendments:
Definitions:
Aquaculture is the farming of aquatic organisms such as fish, crustaceans, and
mollusks. It involves cultivating freshwater and saltwater aquatic populations under
controlled conditions for the production and sale of fish.
Aquaponics is a closed-loop system between plants and fish. It involves cultivating fish
and plants in a symbiotic environment for the production and sale of fish and produce.
Zoning District:
Light and Heavy Manufacturing Districts:
o Permitted uses allows manufacturing, assembly or processing of food products,
except meat, poultry, or fish (excluding the assembly or processing of fish
associated with aquaponics or aquaculture operations).
Summary
Once the animal agriculture amendments are finalized above, the Commission can move
forward with the other sections of review including crop agriculture (community gardens, etc.)
and direct to consumer sales (farm stands, etc.)
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Recommendation
The Environmental and Natural Resources Commission should review the report and offer
comment and feedback on moving forward with the animal agriculture section of the urban
agriculture zoning review.
Attachment
1. Urban Agriculture Zoning Review Study
2. Code Language for the Keeping of Poultry
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Attachment 1
City of Maplewood Urban Agriculture – Zoning Review
Update June 16, 2016
The Environmental and Natural Resources (ENR) Commission’s 2016 goal is to review the
City’s ordinances and make recommendations that will remove barriers and promote urban
agriculture uses. There are four aspects of the Commission’s review including:
Animal agriculture (keeping of chickens, etc.)
Crop agriculture (community gardens, etc.)
Direct to consumer sales (farm stands, etc.)
City Programming (composting classes, etc.)
Review of Existing Codes
The urban agriculture subcommittee reviewed the City’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.For animal agriculture uses the following ordinances apply:
Residential
Farm District (Sections 44-71 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 Residential District (R-1).Livestock
raising and handling are allowed in the Farm District with a conditional use permit. Livestock
is defined as “horses, cattle, mules, asses, goats, sheep, swine, buffalo, llamas, ostriches,
reptiles, genetic hybrids of the foregoing, and other living animals usually kept for agriculture
husbandry, or the production of edible or salable byproducts.”
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):
o Permitted Uses
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.
o Prohibited Uses
Raising or handling of livestock and poultry(except chickens as outlined in Article
IX).
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.
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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 volumes than 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 dwelling are allowed
with a home occupation license. Interpretation -aquaculture and aquaponicscould be
allowed with a home occupation.
o Uses Allowed with a Permit
Chickens(Article IX): Keeping of up to ten hens with a permit approved by City staff
is allowed in residential districts (except R-1S). Maplewood’s chicken ordinance was
adopted in 2011 and allows the keeping of up to ten hens on residential property with
a permit. A property owner applying for a permit must have consent from 100
percent of their adjacent property owners for the City to issue the permit. The fee for
a chicken permit is $75 for the first year, and $50 thereafter.
Commercial
Light Manufacturing District:
o Permitted uses in Section 44-636allows manufacturing, assembly or processing of food
products, except meat, poultry or fish. Interpretation –assembly or processing of meat,
poultry, or fish is prohibited, which would exclude aquaculture or aquaponics, which
refers to fish farming and closed loop systems that create a relationship between plants
and food.
Heavy Manufacturing District:
o Permitted uses in Section 44-676allow manufacturing, assembly or processing of food
products, except meat, poultry or fish. Interpretation –assembly or processing of meat,
poultry, or fish is prohibited, which would exclude aquaculture or aquaponics, which
refers to fish farming and closed loop systems that create a relationship between plants
and food.
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 could include animal agriculture by a public entity in some zoning
districts with a conditional use permit.
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Attachment 2
ORDINANCE NO._______
An Ordinance Allowing the Keeping of Poultry in
Single Dwelling Residential Districts
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Codeto allow the keeping of
poultry in single dwelling residential districts. (Additions are underlined and deletions
are stricken from the original ordinance.)
Definitions
Chapter 44 (Zoning), Article I (District Regulations)
Sec. 44-6. Definitions.
Livestockmeans horses, cattle, mules, asses, goats, sheep, swine, buffalo, llamas, ostriches,
reptiles, genetic hybrids of the foregoing, and other living animals usually kept for agriculture,
husbandry, or the production of edible or salable byproducts. This definition shall be expressly
construed as having no application to the ownership or disposition ofpoultry.animals addressed
bychapter 10.
Poultry means domesticated birds in the order of Galliformes(exluding the genus Meleagri) that
serve as a source of eggs or meat.and that include among commercially important kinds,
chickens, turkeys, ducks, geese, peafowl, pigeons, pheasants and others.
Farm District
Chapter 44 (Zoning), Article II (District Regulations), Division 2 (F Farm Residence District)
Sec. 44-71. Permitted uses.
The only uses permitted in the F farm residence district are the following:
(1)Any uses permitted in the R-1 residence district subject to its regulations.
….
Sec. 44-72. Conditional uses.
In the F farm residence district, the following uses may be permitted by conditional use permit:
(1)Any use allowed by conditional use in the R-1 residence district, except that equipment
and vehicles used for on-site farming or equipment and vehicles used for on-site
landscaping business or any other similar business approved with a conditional use
permit, as described in subsection (5) of this section, shall be permitted.
….
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R-1 District
Chapter 44 (Zoning), Article II (District Regulations), Division 3 (R-1 Residence District –Single
Dwelling)
Sec. 44-103. Prohibited uses.
The following uses are prohibited in the R-1 Residence district:
(1)The raising or handling of livestock, poultry (except for chickens as outlined in Sections
10-476 through 10-487, Chickens)or animals causing a nuisance, except for licensed
kennels.
(2)Accessory buildings without an associated dwelling on the same premises.
(3)Commercial plant nurseries, commercial greenhouses, farms or any structure for the
sale of display of commercial products, when not on a property with a residential use.
R-1R District
Chapter 44 (Zoning), Article II (District Regulations), Division 3.5 (R-1R Rural Conservation
Dwelling District)
Sec. 44-118. Uses.
(a)…
(b)…
(c)Prohibited uses. The city prohibits the following uses in the R-1R zoning district:
(1)Accessory buildings without an associated single dwelling on the same property.
(2)The raising or handling of livestock, poultry (except for chickens as outlined in
Sections 10-476 through 10-487, Chickens)or animals causing a nuisance,
except for licensed kennels.
RE District
Chapter 44 (Zoning), Article II (District Regulations), Division 4(RE Residence Estate District)
Sec. 44-152. Permitted and conditional uses.
Any permitted or conditional use permitted in an R-1 residence district (single dwelling) is
permitted in an R-E residence estate district. Such uses are subject to the R-1 regulations,
exceptas stated in sections 44-153 and 44-154.
Sec. 44-153. Accessory uses; prohibited uses.
Any accessory use permitted in an R-1 district (single dwelling) is permitted in the R-E
residence estate district. Any prohibited use in the R-1 district is prohibited in the R-E district.
R-1S District
Chapter 44 (Zoning), Article II (District Regulations), Division 5 (R-1S Small-Lot Single-Dwelling
District)
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Sec. 44-192. Uses.
(1)Permitted uses. The only permitted uses allowed in the R-1S small-lot single-dwelling
residential district are the permitted uses in the R-1 district.
(2)Prohibited uses.
(a)Accessory buildings without an associated dwelling on the same premises.
(b)The raising or handling of livestock, poultryor animals causing a nuisance,
except for licensed kennels.
(c)Because of small lot sizes in the R-1S district, the keeping of chickens as
outlined in Sections 10-476 through 10-487, Chickens, is prohibited in the R-1S
district.
Sec. 44-193. Conditional uses.
In the R-1S small-lot single-dwelling district, the city may permit any use permitted by
conditional use permit in the R-1 district.
Section 2.This section adds language to the city’s Animal Ordinance (Chapter 10) to
address the permitting requirements for poultry in single dwelling residential districts.
(Additions are underlined and deletions are stricken from the original ordinance.)
Chapter 10 (Animals), Article IX (PoultryChickens)
Sec. 10-476. Definitions.
Brooding means the period of poultrychickengrowth when supplemental heat must be provided,
due to the bird’s inability to generate enough body heat.
Chicken means a domesticated bird of the order Galliformes(excluding the genus Meleagri)that
serves as a source of eggs or meat.
Coop means the structure for the keeping or housing of poultrychickenspermitted by the
ordinance.
Exercise yard means a larger fenced area that provides space for exercise and foraging for the
birds when supervised.
Hen means a female chicken.
Officer means any person designated by the city manager as an enforcement officer.
Poultry means domesticated birds in the order of Galliformes(exluding the genus Meleagri) that
serve as a source of eggs or meat.
Rooster means a male chicken.
Run means a fully enclosed and covered area attached to a coop where the poultrychickens
can roam unsupervised.
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Sec. 10-477. Purpose.
It is recognized that the ability to cultivate one’s own food is a sustainable activity that can also
be a rewarding past time. Therefore, it is the purpose and intent of this ordinance to permit the
keeping and maintenance of poultryhensfor egg and meatsources in a clean and sanitary
manner that is not a nuisance to or detrimental to the public health, safety, and welfare of the
community.
Sec. 10-478. Investigation and Enforcement.
Officers designated by the city manager shall have authority in the investigation and
enforcement of this article, and no person shall interfere with, hinder or molest any such officer
in the exercise of such powers. The officer shall make investigations as is necessary and may
grant, deny, or refuse to renew any application for permit, or terminate an existing permit under
this article.
Sec. 10-479. Limitations for each single dwelling residential unit, except the R-1S district where
the keeping of chickens is prohibited:
(1)Number of Poultry:Up to ten (10 poultry on residential lots that are 10,000square feet
in area or less, with one (1) additional poultry per every 5,000 square feet of lot area
over 10,000 square feet, or a maximum of 50 poultry, whichever is less. No more than
ten (10) hens shall be housed or kept on any one (1) residential lot in any area of the city
zoned for single dwelling residential with a permit as outlined below.
(2)Roosters:Roosters are prohibited.
(3)Slaughtering:Slaughtering of poultrychickenson the property is prohibited.
(4)Leg banding of all chickens is required. The bands must identify the owner and the
owner’s address and telephone number.
(45)A separate coop is required to house the poultrychickens. Coops must be constructed
and maintained to meet the following minimum standards:
(a)Located in the rear or side yard.
(b)Setback at least five (5) feet from the rear or side property lines.
(c)Interior floor space –four (4)square feet per bird.
(d)Interior height –six (6)feetadequate roomto allow access for cleaning and
maintenance.
(e)Doors –one (1)standarddoorto allow humans to access the coop and one (1)
for birds (if above ground level, must also provide a stable ramp).
(f)Windows –one (1)square foot window per ten (10)square feet floor space.
Windows must be able to open for ventilation.
(g)Climate control –adequate ventilation and/or insulation to maintain the coop
temperature between 32 –85 degrees Farenheit.
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(h)Nest boxes –one (1)box per everythree(3)hens.
(i)Roosts –shall be sufficient for the number of birds in the coop.one and one-half
(1 1/2) inch diameter or greater, located eighteen (18) inches from the wall and
two (2) to three (3) inches above the floor.
(j)Rodent proof –coop construction and materials must be adequate to prevent
access by rodents.
(k)Coops shall be constructed and maintained in a workmanlike manner.
(56) A run or exercise yard is required.
(a)Runs must be constructed and maintained to meet the following minimum
standards:
1)Location: rear or side yard.
2)Size: Ten (10)square feet per bird, if access to a fenced exercise yard is
also available; sixteen (16)square feet per bird, if access to an exercise
yard is not available. If the coop is elevated two (2)feet so the
poultryhenscan access the space beneath, that area may count as a
portion of the minimum run footprint.
3)Height: Adequate roomSix (6)feet in heightto allow access for cleaning
and maintenance.
4)Gate:One gate to allow human access to the run.
5)Cover: Adequate to keep poultryhensin and predators out.
6)Substrate: Composed of material that can be easily raked or regularly
replace to reduce odor and flies.
(b)Exercise yards must be fenced and is required if therun does not provide at least
sixteen (16)square feet per bird. Exercise yards must provide a minimum of
one-hundred seventy-four (174)square feet per bird.chicken.
(67)PoultryChickensmust not be housed in a residential house or anattached or detached
garage, except for brooding purposes only.
(78)All premises on which poultryhensare kept or maintained shall be kept clean from filth,
garbage, and any substances which attract 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 detectible on
another property. Failure to comply with these conditions may result in the officer
removing poultrychickensfrom the premises and/or revoking a poultrychickenpermit.
(89)All grain and food stored for the use of the poultryhenson a premise with a
poultrychickenpermit shall be kept in a rodent proof container.
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(910)PoultryHensshall not be kept in such a manner as to constitute a nuisance to the
occupants of adjacent property.
(1011)Dead poultrychickensmust be disposed of according to the Minnesota Board of Animal
Health rules which require chicken carcasses to be disposed of as soon as possible after death,
usually within forty-eight (48)to seventy-two (72)hours. Legal forms of chicken carcass
disposal include burial,off-site incineration or rendering, or composting.
Sec. 10-480. Permit required.
The officer shall grant a permit for poultrychickensafter the applicant has sought the written
consent of a majorityone hundred (100) percentof 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 permit is being requested, or in the alternative, proof
that the applicant’s property lines are one hundred fifty (150) feet or more from any house.
Where an adjacent property consists of a multiple dwelling or multi-tenant property, the
applicant need obtain only the written consent of the owner or manager, or other person in
charge of the building. Such written consent shall be required on the initial application and as
often thereafter as the officer deems necessary.
Sec. 10-481. Application.
Any person desiring a permit required under the provisions of this article shall make written
application to the city clerk upon a form prescribed by and containing such information as
required by the city clerk and officer. Among other things, the application shall contain the
following information:
(1)A description of the real property upon which it is desired to keep the poultrychickens.
(2)The genusbreedand number of poultrychickensto be maintained on the premises.
(3)A site plan of the property showing the location and size of theproposed poultrychicken
coop and run, setbacks from the poultrychickencoop 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 poultrychickensin a run or exercise area.
Portable coops and cages are allowed, but portable locations must be included with the
site plan.
(4)Statements that the applicant will at all times keep the poultrychickensin accordance
with all of the conditions prescribed by the officer, or modification thereof, and that failure
to obey such conditions will constitute a violation of the provisions of this chapter and
grounds for cancellation of the permit.
(5)Such other and further information as may be required by the officer.
Sec. 10-482. Permit conditions.
If granted, the permit shall be issued by the city clerk and officer and shall state the conditions, if
any, imposed upon the permitted for the keeping of poultrychickensunder this permit. The
permitshall specify the restrictions, limitations, conditions and prohibitions which the officer
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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 permit may be modified from time to time or revoked by the officer for failure to
conform to such restrictions, limitations, prohibitions. Such modification or revocation shall be
effective after ten (10) days following the mailing of written notice thereof by certified mail to the
person or persons keeping or maintain such poultrychickens.
Sec. 10-483. Violations.
(1)Any person violating any of the sections of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction, shall be punished in accordance with section 1-15.
(2)If any person is found guilty by a court for violation of this section, their permit to own,
keep, harbor, or have custody of poultrychickensshall be deemed automatically revoked
and no new permit may be issued for a period of one (1) year.
(3)Any person violating any conditions of this permit shall reimburse the city for all costs
borne by the city to enforce the conditions of the permit including but not limited to the
pickup and impounding of poultrychickens.
Sec. 10-484. Required; exceptions.
No person shall (without first obtaining a permit in writing from the city clerk) own, keep, harbor
or have custody of any live poultrychicken.
Sec. 10-485. Fees; issuance.
For each residential site the fee for a permit is as may be imposed, set, established and fixed by
the City Council, by resolution, from time to time.
Sec. 10-486. Term.
The permit period under this section for the first year of issuance shall expireon April 1 of each
year. If there are no violations of this chapter after the first year and thereafter, the permit shall
expire every two (2) years.one year from the date the permit is issued.
Sec. 10-487. Revocation.
The city manager may revoke any permit issued under this ordinance if the person holding the
permit refuses or fails to comply with this ordinance, with any regulations promulgated by the
city council pursuant to this ordinance, or with any state or local law governing cruelty to animals
or the keeping of animals. Any person whose permit is revoked shall, within ten (10) days
thereafter, humanely dispose of all poultrychickensbeing owned, kept or harbored by such
person, and no part of the permit fee shall be refunded.
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