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HomeMy WebLinkAbout2016-10-17 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCESCOMMISSION Monday, October 17, 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 Cityof Maplewood on September 11, 2016, by the Pollinator Friendly Alliance 9.Staff Presentations a.Environmental and Natural Resources Commission Positions b.Fall Clean Up Campaign(Last Four Full Weeks in October) c.Energize Maplewood!Update d.Fish Creek SneakPeak –October 19 e.Planning for Resilient Cities –October 24 f.Tour of Tennis Sanitation’s Expanded Recycling Facility -October 28 g.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 1 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 2 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 3 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:October 12, 2016 for the October 17 ENR Commission Meeting SUBJECT: Trash/Recycling Contract Review Introduction The City’s residential trash and recycling contracts will end December 31, 2017.During the October Environmental and Natural Resources (ENR) Commission meeting the Commission will review the existing contracts, discuss solid waste policies, and draft a timeline for new contracts. 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 guide the 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 to privately 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 goals of 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 theOctober 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. 2 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: 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 themost 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.Single Hauler vs. Consortium vs. Districts –The RFPs could allow for proposals that include a single hauler, consortium of haulers, or various haulers in different districts. 5.Organics Collection–Consider opportunities for curbside organics collection. 6.Spring Clean UpEvents–Maplewood contracts with a separate hauler for its annual Spring Clean Up event. This service could be included in a new contract. 3 7.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. 8.Public Space Solid Waste Management –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 solid waste management. 9.Purchase of Recycling Carts–The City should review the option of purchasing recycling carts for our residential recycling program. Ramsey County offers public entity innovation grants to help municipalities improve their recycling programs. In 2013the City of Maplewood was awarded a grant in the amount of $100,000 from Ramsey County to cover a portion of the cost of recycling carts. The City ultimately adopted a contract that required the recycling contractor to supply the carts, so we never received the grant funds. That grant opportunity is still available to the City for the purchase of recycling carts. 10.Trash Cart Fee -To pay for the City-owned trash carts, Republic Services includes a $.75 per cart per month fee on all residential trash bills. That fee is reimbursed to the City and used to pay for the seven-year utility bonds issued originally to purchase the carts. During the RFP process, the City should review this fee and determine if it should be adjusted for future contracts. 11.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? 12.Routing Improvements –Review routing improvements including reducing collection days from fiveto four, eliminating collections on Fridays. 13.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 future trash and recycling contracts. 14.Revenue Share –Consider opportunities for revenue share for recyclables. Proposed Timeline Toensure adequate time to implement new contract conditions beginning January 2018, the new trash and recycling contracts should be approved by mid-year 2017. With this deadline in mind, the proposed timeline for the trash/recycling RFP and contract renewal is as follows: October 2016 through January 2017 –review existing contracts and draftRFP February 2017 –approve RFP March 2017 -release RFP April 2017-review proposals May 2017–draft new contracts June2017-approve new trash and recycling contracts July through December 2017 –plan for new contract conditions including education and outreach, possible ordinance and standards amendments, etc. 4 Recommendation Review the trash and recycling contract updates, policy review, proposed timeline,and be prepared to discuss and offer feedback during the October Environmental and Natural Resources Commission meeting. 5 Agenda Item 6.a. MEMORANDUM TO: Environmental and Natural Resources Commission FROM:Shann Finwall, AICP, Environmental Planner DATE: October 12, 2016for the October 17 ENR Commission Meeting SUBJECT:Urban Agriculture – Zoning Review Introduction 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.) Background The urban agriculture subcommittee reviewed the City’s existing 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 October meeting the ENR Commission willcontinue their focus on animal agriculture. In particular, reviewing amendments to the chicken ordinance,regulations for backyard beekeeping, amendments to the manufacturing zoning district to allow aquaculture and aquaponics uses, and the keeping of goats. 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 proposedseveral 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 quailand pheasants. All of these birds, including chickens, are Galliformes.Galliformesare 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 Galliformesexcept turkeyin 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 thelocation 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 City’s 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 City’s 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 belocated 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. AquacultureandAquaponics Aquaculture is the farming of aquatic organisms such as fish, crustaceans, and mollusks. It involves cultivating freshwater and saltwater aquatic populations under controlledconditions for the production and sale of fish. Aquaponicsis a closed-loop systembetween plants and fish. It 2 involves cultivating fish and plants in a symbiotic environment for the production and sale of fish and produce. Residential Aquaculture and Aquaponics Maplewood’s zoning code does 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 asmall scale residential aquaculture or aquaponics business with ahome 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 useswould 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 prohibitsthe assembly orprocessing of fish, which can be interpreted tomean 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 plantsin 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). Keeping of Goats Maplewood’s ordinances prohibit the keeping of goats in residential zoning districts. The keeping of goats is allowed with a conditional use permit on property zoned Farm. Goats are included in urban agriculture primarily for their dairy, wool fiber, and meat. However, the keeping of goats is labor intensive, and goats have an ability to escape from any enclosure that is not well built and maintained. Other land use concernswith the keeping goats on residential property include aesthetics, noise, smell, and property damage. 3 For the concerns outlined above, staff is not recommending the Cityallow the permanent keeping of goats, but the City shouldreview ordinance language that would allow the temporary keeping of goats for the management of vegetation. Goats browse on brush and weeds without disturbing the existing grass and soil. They are an excellent alternative to using machines and herbicidesfor managing invasive vegetation such as buckthorn.Maplewood has received requests from businesses and residents over the last few years to temporarily keep goats for this purpose. Staff researched ordinances that allow for the keeping of goats in three cities: St. Paul, MN; Laguna Beach, CA; and San Diego, CA (Attachment 3). Based on this information and other research on the subject, staff is suggesting the following changes to the City’s ordinances to allow for the temporarykeeping of goats for the management of vegetation: Residential Zoning Districts Sec. 44-103. -Prohibited uses. The following uses are prohibited in the R-1 residence district: The raising or handling of livestock, (except for Goats outlined insections 10….)poultry (except for chickens as outlined in sections10-476 through10-487, chickens) or animals causing a nuisance, except for licensed kennels. Section 10, Article 10 Purpose:It is the purpose and intent of this article to permit the keeping and maintenance of goats brought in temporarily, to privately-owned non-agricultural zones for the purpose of performing brush management in accordance with subsection. Permit Required: No person shall stable, keep or permit any Goats to remain on any lot or premises within the city without a permit. The environmental officer shall grant a permit for Goats after the applicant has sought the written consent of 100 percent of the owners or occupants of private residential estate 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 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 of the building. Such written consent shall be required on the initial application and as often thereafter as the officer deems necessary. Limitations for the Keeping of Goats: Does and wethers are permitted; rams are prohibited. Livestock Fences: Every owner, keeper, custodian or harborer of livestock shall erect and/or maintain a fence, as described in this section, to contain and confine all livestock kept or maintained on his premises. The fence shall be at least 5 feet in height and the meshing shall be of a size to control the animals. Prohibited Fences: Fencing shall not be electrified or of a barbed wire type. All sites on which goats are kept or maintained shall be kept clean from filth, garbage, and any substances which attract rodents. 4 The site 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 City removing the herd from the premises or and revoking the permit. 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.). 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. Attachments 1.Urban Agriculture Zoning Review Study 2.Code Language for the Keeping of Poultry 3.Code Language for the Keeping of Goatsin Three Cities 5 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. 1 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. 2 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. …. 1 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) 2 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. 3 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. 4 (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. 5 (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 6 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. 7 Attachment 3 Goat Ordinances Saint Paul, MN Chapter 200 Sec. 198.02. -Permits required; exceptions. Hoofed animals.No person shall stable, keep or permit any hoofed animal to remain on any lot or premises within the city without a permit. Sec. 198.04. - Permit; application, procedures, term and fee. (a) Application.Any person desiring a permit required under the provisions of section 198.02 shall make written application therefor to the environmental health officer upon a form prescribed by and containing such information as required by the environmental health 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 animal or animals. (2) The species and number of animals to be maintained on the premises. (3) A statement that the applicant/permittee will at all times keep the animals in accordance with all the conditions prescribed by the environmental health 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. (4) Such other and further information as may be required by the environmental health officer. (b) Consent. The applicant for any permit required under the provisions of section 198.02 shall provide with the application the written consent of seventy-five (75) percent of the owners or occupants of privately or publicly owned real estate within one hundred fifty (150) feet of the outer boundaries of the premises for which the permit is being requested or, in the alternative, proof that applicant's property lines are one hundred fifty (150) feet or more from any structure. However, where a street separates the premises for which the permit is being requested from other neighboring property, no consent is required from the owners or occupants of property located on the opposite side of the street. Where a property within one hundred fifty (150) feet consists of a multiple dwelling, the applicant need obtain only the written consent of the owner or manager, or other person in charge of the building. (c) Fees; term of permit. For all permits issued hereunder, the fee shall be established by ordinance as provided in section 310.09(b) of the Legislative Code. The term of the permit shall be one (1) year from date of issuance, and the permit may be renewed from year to year with payment of an additional fee, established by ordinance as provided in section 310.09(b) of the Legislative Code, upon application to the environmental health officer; provided, however, that upon any adverse action or violation of the conditions of the permit or substantial amendment to the permit application as originally described, a new application, fee and investigation may be required before the granting of a permit or renewal thereof. 1 (d) Investigation by environmental health officer; may grant permit. The environmental health officer shall make such investigation as is necessary and may grant, deny or refuse to renew any application for permit under this chapter. (e) Permit; conditions. If granted, the permit shall be issued by the environmental health officer and shall state the conditions, if any, imposed upon the permittee for the keeping of animals under the permit. The permit shall specify the restrictions, limitations, conditions and prohibitions which the environmental health officer 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 environmental health officer for failure to conform to such restrictions, limitations or prohibitions. Such modification or revocation shall be effective from and after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such animals. (f) Refusal to grant or renew a permit. The environmental health officer may refuse a permit to keep or maintain animals hereunder for failure to comply with the provisions of this chapter, if the facilities for the keeping of the animals are or become inadequate for their purpose, if the conditions of the permit are not met, if a nuisance condition is created, or if the public health and safety would be unreasonably endangered by the granting of such permit. (g) Numbers of animals; species. The permit shall state the maximum number and species of animals which may be maintained on the premises. The permittee shall not exceed the maximum number of animals allowed on the permit or substitute the animals with different species. A permittee that wishes to increase the number of animals allowed or to substitute or add a different species to those listed on the permit, shall be required to apply for a new permit and pay the appropriate fee Sec. 198.05. - Rules and regulations; conditions of permits. (a) Rules and regulations. The environmental health officer shall promulgate rules and regulations prescribing the general conditions, limitations and prohibitions applicable to the keeping of animals or classes of animals under permits granted pursuant to the provisions of this chapter. Such rules and regulations, and any amendments thereto, are effective twenty (20) days after filing with the city clerk. (b) Special conditions. The environmental health officer may prescribe specific conditions, limitations and prohibitions pertaining to the keeping of particular animals under any permit granted pursuant to the provisions of this chapter as the environmental health officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or for the control of rodents and insects, or to protect the public health and safety. 2 Laguna Beach, CA 6.20.010 Permit Required: It shall be unlawful to keep any equine, bovine, swine, sheep or goat within the corporate city limits without a permit from the director of animal services. Every such person desiring to keep such livestock shall file an application for a permit with the animal services manager, containing such information as the animal services manager requires. (Ord. 918 § 1, 1978). 6.20.030 Livestock Fences: Every owner, keeper, custodian or harborer of livestock shall erect and/or maintain a fence, as described in this section, to contain and confine all livestock kept or maintained on his premises. Such fence shall be sufficiently good, strong and substantial as to prevent the ingress and egress of livestock. No wire fence is a good and substantial fence within the meaning of this section unless it has three tightly stretched barbed wires securely fastened to posts of reasonable strength, firmly set into the ground not more than one rod apart, one of which wires shall be at least four feet above the surface of the ground. Any kind of wire or other fence of a height, strength and capacity equal to or greater than the wire fence described in this section is a good and substantial fence within the meaning of this section. Cattle guards of such width, depth, rail spacing and construction as will effectively turn livestock are also a good and substantial fence. (Ord. 918 § 1, 1978). 1 goat/1-2 acres/month. San Diego, CA Section 44.0307 Cattle, Goats and Sheep (a) It is unlawful to bring or maintain, within a nonagricultural zone within the City, any cattle, bovine animals, goats, or sheep. (b) Section 44.0307(a) shall not apply to the following: (1) Dairies or dairy farms licensed during the month of July 1953. (2) Any goats brought in temporarily, to privately-owned non-agricultural zones for the purpose of performing brush management in accordance with the Land Development Code section 142.0412 (c) Property owners shall remove and properly dispose of droppings from cattle, goats or sheep as needed to prevent accumulation, to avoid a health or sanitation problem, or the breeding of flies, and to prevent discharge into the Storm Water Conveyance System, as defined in section 43.0302. 3