HomeMy WebLinkAbout2016-12-19 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
Monday, December 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 of Minutes: November 21, 2016
5. New Business
a. Resolution of Appreciation for Environmental and Natural Resources
Commissioner Ginny Yingling
6. Unfinished Business
a. Urban Agriculture Zoning Review
7. Visitor Presentations
8. Commission Presentations
9. Staff Presentations
a. Reschedule January and February ENR Commission Meetings due to National
Holidays (Proposed Dates: Wednesday, January 25 and Wednesday, February
22)
b. Nature Center Programs
10. Adjourn
Agenda Item 4
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
7:00 p.m., Monday,November 21, 2016
Council Chambers, City Hall
1830 County Road B East
1. CALL TO ORDER
A meeting of the Environmental and Natural Resources Commission was calledto order at 7:01
p.m.by Chair Miller.
2. ROLL CALL
Keith Buttleman, Commissioner Present
MaryHenderson, Commissioner Present
Mollie Miller, Chair Present
Ann Palzer, Commissioner Present
Ted Redmond, Commissioner Present
Ryan Ries, Commissioner Present
Tom Sinn, Vice Chair Present
Staff Present
Shann Finwall, Environmental Planner
Chris Swanson, Environmental & City Code Specialist
3. APPROVAL OF AGENDA
Chair Miller inquired why the Trash and Recycling Contract Review was no on the November
agenda.Staff indicated that the City attorney and management are currently reviewing the
contracts. More information will be broughtforward to the Commission at a later date.
Commissioner Riesmoved to approve the agenda as submitted.
Seconded byCommissionerPalzer. Ayes – All
The motion passed.
4. APPROVAL OF MINUTES
CommissionerSinnmoved to approve the October 17,2016, Environmental and Natural
Resources Commission meeting minutes as submitted.
Seconded by CommissionerRies. Ayes – Chair Miller,
Commissioner’s Buttleman,
Henderson, Palzer, Ries, Sinn
Abstention – Commissioner Redmond
The motion passed.
November 21, 2016
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Environmental and Natural Resources Commission MeetingMinutes
5.NEW BUSINESS
a.New Member Orientation
i.Environmental Planner Finwall reviewed the new member orientationand
welcomed the newest ENR Commissioner, Ted Redmond.
ii.The City Council appointed Commissioner Redmond in September to a three-year
term. Commissioner Redmond is filling the openposition left by Commissioner
Yingling.CommissionerYingling was present in the audience and approached the
podium to say thank you to the commission and staff, and offer encouragement for
moving forward with the City’s environmental initiatives.The commission and staff
thanked Commissioner Yingling for her nine years of service as an Environmental
Commissioner.
6.UNFINISHED BUSINESS
a.Urban Agriculture Zoning Review
i.Environmental Planner Finwall gave theupdate on the Urban Agriculture Zoning
Review.
ii.Environmental & City Code SpecialistSwanson addressed and answered
questions of the commission.
The commission recommended changes to the animal agriculture ordinanceamendmentsas
follows:
Keeping of poultry: allowthe keeping of poultry on property not zoned single family
residential with a conditional use permit.
Temporary keeping of goats and sheep: 1) allow the keeping of sheep on residential
property for the same purposes; 2) limit the number of goats and sheep based on the size
of the lot; and 3) require neighborhood consent for the temporary keeping of goats and
sheep.
Keeping of bees: 1) require beekeepers to test and treat their honeybees for mites; and
2) require beekeepers to keep current with all beekeeping best practices as outlined in the
University of Minnesota Bee Lab.
These changes will be made by staff, for final review by the commission in December.
The commission also began a review of crop agriculture.
7.VISITOR PRESENTATIONS
None present.
8.COMMISSION PRESENTATIONS
Commissioner Sinn asked if staff has an update regarding the Community Solar Garden the City
of Maplewood subscribed to earlier in the year. That garden was planned for a site in Scandia,
Minnesota.Staff said the construction is underway and scheduled for completion in the Spring of
2017.
9.STAFF PRESENTATIONS
a.Tennis Sanitation Recycling Facility Tour Update
i.Environmental & City Code SpecialistSwanson gave an update on the Tennis
Sanitation Recycling Tourheld on October 28, 2016 in St. Paul Park.Tennis
November 21, 2016
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Environmental and Natural Resources Commission MeetingMinutes
expanded and updated their recyclingfacility. No commission members were able
to attend the tour, so staff will work on scheduling another tour date in the future.
b.Energize Maplewood! Update
i.Environmental PlannerFinwall said the Partners in Energy memorandumof
understanding expires at the end of December 2016. However, not all of the
energy actions are complete. Staff is working with Xcel Energy to get an amended
agreement that would ensure technical assistance until May 2017. Final energy
actions to complete include Energize Your Congregation, Building Tune Up
Program, and Benchmark Your Business.
c.Nature Center Programs
i.Environmental PlannerFinwall presented the upcoming Nature Center Programs.
For more information contact the Maplewood Nature Center at (651) 249-2170.
9.ADJOURNMENT
Chair Miller adjourned the meeting at 8:40p.m.
November 21, 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, AICP, Environmental Planner
DATE: December 15, 2016
SUBJECT:Approval of a Resolution of Appreciation for Environmental and Natural
Resources Commissioner Ginny Yingling
Introduction
Commissioner Ginny Yingling has beena member of the Environmental and Natural Resources
(ENR) Commission for nine years and ten months, serving fromNovember 30, 2006, to
September 30, 2016.
Background
Commissioner Yingling did not seek reappointment to the ENR Commission when her term
ended September 30, 2016.
Recommendation
Recommend approval of the attached Resolution of Appreciation for Ginny Yingling for her years
of service on the Environmental and Natural Resources Commission.
Attachment
1.Resolution of Appreciationfor Ginny Yingling
Attachment 1
RESOLUTION OF APPRECIATION
WHEREAS, Ginny Yingling has been a member of the Maplewood
Environmental and Natural Resources Commission for nine years and ten
months, serving from November 30, 2006 to September 30, 2016. Ms. Yingling
has served faithfully in those capacities; and
WHEREAS, the Environmental and Natural Resources Commission
and City Council have appreciated her experience, insights and good
judgment; and
WHEREAS, Ms. Yingling has freely given of her time and energy,
without compensation, for the betterment of the City of Maplewood; and
WHEREAS, Ms. Yingling has shown dedication to her duties and has
consistently contributed her leadership and efforts for the benefit of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of
the City of Maplewood, Minnesota, and its citizens that Ginny Yingling is
hereby extended our gratitude and appreciation for her dedicated service.
Passed by the Maplewood
City Council on _______________.
______________________________
Nora Slawik, Mayor
Passed by the Maplewood
Environmental and Natural
Resources Commission on
December 19, 2016.
______________________________
Mollie Miller, Chairperson
Attest:
________________________________
Karen Haag, City Clerk
Agenda Item 6.a.
MEMORANDUM
TO: Environmental and Natural Resources Commission
FROM:Shann Finwall, AICP, Environmental Planner
Chris Swanson, Environmental and Code Specialist
DATE: December 15for the December 19 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.)
During the December meeting the ENR Commission will finalize their review of animal
agriculture andbegin reviewing crop agriculture.
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).Based on this information, the ENR Commission is
reviewing and making recommendationson amendments to existing ordinances that will remove
these barriers.
Discussion
Animal Agriculture
Keeping of Poultry
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 November ENR Commission meeting the Commission finalized amendments to the
chicken ordinance (Attachment 2). Notable changes include: 1) neighborhood consent -
changing from 100 percent to a majorityconsent for the keeping of chickens; 2) number of
chickens – changing from a maximum of 10 chickens to a number based on space
requirements, not to exceed 30 chickens; 3) allowing the keeping of other types of poultry, such
as quail and pheasants; and 4) allowing the keeping of poultry on property not zoned single
family residential with a conditional use permit.
Keeping of Goats
Maplewoodcitycodes prohibitsthe keeping of goats in residential zoning districts. The keeping
of goats is allowed with a conditional use permit on property zoned Farm.
During the November ENR Commission meeting the Commission reviewed an ordinance that
would allow the temporary keeping of goats in all zoning districts for purposes of vegetation
management with a permit(Attachment 3).Changes proposed during the meetingand reflected
on the attached ordinance include: 1) allow the keeping of sheep on residential property for the
same purposes; 2) limit the number of goats and sheep based on the size of the lot; and 3)
require neighborhood consent for the temporary keeping of goats and sheep.
Keeping of Bees
Maplewood city code is silent on the keeping of bees. The code does prohibit the keeping of
animals that pose a nuisance. Insects (bees) are included in the definition of animal, so the
code could be interpretedtoallow the keeping of bees as long as they do not pose a nuisance.
The Commission is proposing adding language in the code that would promote backyard
beekeeping while offering limited regulations to ensure nuisances with adjacent property owners
is avoided(Attachment 4). During the November Commission meeting, the Commission
requested two additional changes which are noted on the attached ordinance and defined here:
1) require beekeepers to test and treat their honeybees for mites; and 2) require beekeepers to
keep current with all beekeeping best practices as outlined in the University of Minnesota Bee
Lab.
Aquaculture and Aquaponics
Permitted uses in the light and heavy manufacturing zoning district include the manufacturing,
assembly, or processing of food products, except meat, poultry, or fish. Aquaculture and
aquaponics involves the processing of fish and could be interpreted as a prohibited use in these
zoning districts. The Commission proposed an amendment to the manufacturing zoning
districts to ensure these types of uses are permitted (Attachment 5).
Crop Agriculture
During the November meeting the Commission reviewed the land use issues associated with
urban crop agriculture as follows: 1) community gardens; 2) front yard gardening; 3) private
gardening on vacant lots;4) market gardens; 5)urban farms; and 6) season extenders. During
the December meeting the Commission will review community gardens more closely.
Community Gardens
A community garden is a shared garden managed collectively by a group. These gardens are
developed on vacant land, in parks or other public spaces, or in large underutilized properties
belonging to places of worship, corporate campuses, organizations, or schools and universities.
Community gardening involves growing food primarily for one’s own consumption on a shared
plot of land away from one’s home. However, some community garden plots can be used to
raise food crops for sale tolocal restaurants or other buyers.A good source of background
information on setting regulations for community gardens can be found in the
Community
Garden Policy Reference Guide(Public Health Law Centers, 2012).
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Land use concerns with community gardens include additional people and activity to the site,
parking, lighting, signage, accessory buildings,or farm stands where retail trade is conducted.
The establishment of clear standards can ensure that community gardens are compatible
neighbors.
Maplewood city code is silent on community gardens. The conditional use permit ordinance
does allow all “public and private utilities, public service, or public buildings uses” in any zoning
district with a conditional use permit. The City recently approved a conditional use permit to
allow for the development of the Rice Street Gardens. Rice Street Gardens is located on vacant
land owned by the St. Paul Regional Water Servicesand leased by Galilee Lutheran Church
located across Rice Street in Roseville. The garden includes 226garden plots which can be
leased to residents in the area for a small annual fee. Several other nonprofit groups assist and
support the garden including Arrive Ministries and Interfaith Action.
The City approved the development of the community garden with aconditional use permit.
The conditional use permit allowed the City to includeconditions to ensure the land use
concerns were addressed. It is staff’s opinion that the conditional use permit process worked
and proved to be a valuable source of reviewfor community gardens. However, the applicants
did state that one barrier caused by the process was the cost of the conditional use permittothe
nonprofit groups.The cost of a conditional use permit is $1,650. That fee is reviewed and
approved by the City Council yearly.
Staff proposes the following amendment to the City code to allow community gardens in any
zoning district with a conditional use permit:
Sec. Sec. 44-6. Definitions.
Community Gardenmeans a single plot of land gardened collectively by a group of
people or a plot of land divided into sub-plots for individual food production.
Sec.44-1092. Conditional Uses
The city council may issue conditional use permits for the following uses in any zoning
district in which they are not specifically prohibited:
…
(9)Community Gardens.
Recommendations
1.Recommend approval of the animal agriculture ordinance amendments (Attachments 2
through 5). These amendments will be forwarded to the Planning Commission for their
review and recommendation to the City Council.
2.Review the community garden recommendations and offer comment and feedback.
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Attachments
1.UrbanAgriculture Zoning Review Study
2.Keeping of Poultry Ordinance
3.Keeping of Goatsand Sheep Ordinance
4.Keeping of Bees Ordinance
5.M-1 and M-2 Zoning District Ordinance
6.Community Garden Policy Reference Guide(Public Health Law Center 2012)
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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
Text added since the ENR Commission’s review in November 2016 are shown in blue.
ORDINANCE NO._______
An Ordinance Allowing the Keeping of Poultry in
Single Dwelling ResidentialDistricts
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.
Poultrymeans domesticated birds in the order of Galliformes (excludingthe 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.
Urban Agriculture means the practice of growing, processing, and distributing fresh food by
people living in urban areas.
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
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landscaping business or any other similar business approved with a conditional use
permit, as described in subsection (5) of this section, shall be permitted.
….
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,
except as 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.
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R-1S District
Chapter 44 (Zoning), Article II (District Regulations), Division 5 (R-1S Small-Lot Single-Dwelling
District)
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 amends the Maplewood Zoning Code to allow the keeping of
poultry in all zoning districts with a conditional use permit. (Additions are underlined
and deletions are stricken from the original ordinance.)
Sec 44-1091.Purpose
The purpose of a conditional use permit is to provide the city with some discretion, based on
specific standards, in determining the suitabilityof conditional uses. The city is not obligated to
approve such uses.
Sec 44-1092.Conditional Uses
The city council may issue conditional use permits for the following uses in any zoning district in
which they are not specifically prohibited:
(1) Public and private utilities, public service or public building uses.
(2) Mining. Refer to the requirements under article IV of this chapter.
(3) Library; community center; state-licensed day care or residential program unless
exempted by state law; church; hospital and a helistop as an accessory use to a
hospital; any institution of any educational, philanthropic or charitable nature;
cemetery, crematory or mausoleum.
(4) An off-street parking lot as a principal use in other than a commercial or industrial
district.
(5) Part of an apartment building for commercial use, intended for the building's
residents, such as drugstore, beauty parlor, barbershop, medical office or similar
use.
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(6) Planned unit developments (PUD).
(7) Construction of anoutlot.
(8)Keeping of poultryon lots not zoned single dwelling residential as outlined in Chapter
10.
Section 3.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(excludingthe genus Meleagri)
that serve as a source of eggs or meat.
Rooster means a male domesticated bird in the order of Galliformes.
Run means a fully enclosed and covered area attached to a coop where the poultrychickens
can roam unsupervised.
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
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grant, deny, or refuse to renew any application for permit, or terminate an existing permit under
this article.
Sec. 10-479. Limitations for the keeping of poultry: 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 3050poultry, whichever is less. No more
thanten (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.
(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.
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(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)feetin 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.
(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.
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Sec. 10-480. Keeping of poultry onsingle dwelling residential lots.
(1)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 thepremises 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.
(2)Application.
Any person desiring a permit for the keeping of poultry 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:
(a1)A description of the real property upon which it is desired to keep the
poultrychickens.
(b2)The genusbreedand number of poultrychickensto be maintained on the
premises.
(c3)A site plan of the property showing the location and size of the proposed
poultrychickencoop 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.
(d4)Statements that the applicantwill 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.
(e5)Such other and further information as may be required by the officer.
Sec. 10-482.
(3)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
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this permit. The permit shall specify the restrictions, limitations, conditions and
prohibitions which the 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 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.
(4)Violations.
(a1)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.
(b2)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.
(c3)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.
(5)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.
(6)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.
(7)Term.
The expiration date of such permit is as may be imposed, set, established and fixed by
the city clerk, from time to time. If there are no violations of this chapter after the first
year and thereafter, the permit shall expire every two (2) years.A permitrenewal
application shall be filed with the office of the city clerk prior to the expiration date.
Sec. 10-487.
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(8)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 poultrychickens
being owned, kept or harbored by such person, and no part of the permit fee shall be
refunded.
Sec. 10-481. The keeping of poultry on lots not zoned single dwelling residential is allowed
with approval of a conditional use permit as outlined in Sec. 44-1091 (Conditional Uses) and 10-
479 (Limitation on the Keeping of Poultry).
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Attachment 3
Text added since the ENR Commission’s review in November 2016are shown in blue.
ORDINANCE NO._______
An Ordinance Allowing the Temporary Keeping of Goatsand Sheep
The MaplewoodCity Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Codeto allow the temporary
keeping of goats and sheep in all zoning districts with a permit. (Additions are
underlinedand 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.
Poultrymeans domesticated birds in the order of Galliformes (excludingthe 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-1District
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)(except for goats and sheep outlined in Chapter 10,
Article X, GoatsandSheep)oranimals 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)(except for goatsandsheepoutlined
in Chapter 10, Article X, Goatsand Sheep)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,
except as 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.
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R-1S District
Chapter 44 (Zoning), Article II (District Regulations), Division 5 (R-1S Small-Lot Single-Dwelling
District)
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, poultry (except for chickens as outlined in
Sections 10-476 through 10-487, Chickens)(except for goats and sheep outlined
in Chapter 10, Article X, Goats and Sheep)or 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 amends the animal chapter to allow the temporary keeping of
goats and sheep in all zoning districts with apermit. (Additions are underlinedand
deletions are stricken from the original ordinance.)
Chapter 10 (Animals), Article X (Goatsand Sheep)
Sec. 10-492. Definitions
Buckmeansa male goat.
Doemeans a female goat.
Goatmeans an animal in the subspecies of Capra Aegagrus Hircus.
Grazingmeans goats or sheep eating vegetation.
Officermeans any person designated by the City Manager as an enforcement officer.
Ram meansa male sheep.
Sheep means and animal in the subspecies ofOvis Aries
Wethers means a castrated buck.
Sec. 10-493. Purpose.
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It is the purpose and intentof this ordinance to permit the keeping and maintenance of goats
andsheep brought in temporarily, to privately owned non-agricultural zonesfor the purpose of
performing brushvegetation managementin accordance with this section.
Sec. 10-494. Permitted Use.
The City allows the temporary keeping of goatsand sheepin all zoning districts for vegetation
management with a permit issued by the City Clerk.
Sec. 10-495. Permit Required.
(1)No person shall stable, keep,or permit any goatsorsheep to remain on any lot or
premises within the city without a permit. The City Manager or their designee shall grant
a permit for goatsor sheepafter the applicant has been issuedmet all requirements
contained in this ordinance.
(2)Permits shall be classified into two (2) tiers, with Tier I consisting of one (1) to four (4)
goats or sheep and Tier II consisting of five(5) to seventy-five (75) goats or sheep.
(3)The Officer shall grant a Tier Ipermit for goats or sheep after the applicant has sought
the written consent of a majority of the property owners 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.
(4)The Officer shall grant a Tier II permit for goats or sheep after the applicant has sought
the written consent of a eighty (80) percent of the owners 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.
(5)Where an adjacent property consists of a multiple dwelling or multi-tenant property, the
applicant need obtain only the written consent of the owner, 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. 10-496. Application.
Any person desiring a permit required under the provisions of this ordinance 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 goatsor sheep.
(2)The breed and number of goats or sheep to be maintained on the premises.
(3)The timeframe for grazing at the property.
(4)A site plan of the property showing the location and size of the proposed grazing area.
Grazing must follow the City’s wetland guidelinesordinance.
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(5)List of person(s) managing and monitoring the goats and sheepand their qualifications
in the raising, handling,and controlling of goatsor sheep.
(6)Statements that the applicant will at all times keep the goats and sheep in 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
ordinance and grounds for cancellation of the permit and/or the issuance of a citationto
the applicant.
Sect 10-497.-Limitations for the Keeping of GoatsandSheep:
(1)Permitted and ProhibitedGoats and Sheep:Does and Wethers are permitted; Bucks
and Rams are prohibited.
(2)LivestockFences: Every owner, keeper, custodian,or harborer of goats or sheep shall
erect and/or maintain a fence, as described in this sectionordinanceand the fence
ordinance found in Section 12-3,to contain and confine all goats and sheep kept or
maintained on the premises. The fence shall be at least five (5)feet in height and the
meshing shall be of a size to contain the goats and sheep.The goats and sheep may be
moved to a separate holding pen at night, which shall be located the maximum distance
practicable from residences.
Prohibited Fences: Fencing shall not be electrified or of a barbed wire type.
No more than seventy-five (75) goats are permitted on any single acre of the premises.
(3)Number of Goats or Sheep Allowed:Up to four (4)goats or sheep on parcels that are
twenty thousand (20,000)square feet in area or less, with one (1) additional goat or
sheep per every five thousand (5,000)square feet of lot area over twenty thousand
(20,000)square feet, to a maximum of seventy-five (75)animals per parcel.
(4)All sites on which goatsor sheepare kept or maintained shall be kept clean from filth,
garbage, and any substances which attract rodents.
(5)The site shall 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 premisesrevoking the permit and requiring the removal
of the goats or sheep from the premises.
(6)Goats or sheep shall not be kept in such a manner as to constitute a nuisance to the
occupants of adjacent property.
Sec. 10-498. Violations.
(1)Any person violating any of thesections ofthis 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 ordinance, their permit to
temporarily keep goatsor sheepshall be deemed automatically revoked and no new
permit may be issued for a period of one (1) year.
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(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 goats and sheep.
Sec 10-499. Term of Permit
No property owner or person shall store on a property goatsor sheepfor more than sixty (60)
days in any twelve (12)month period starting with the day/date the animals are moved on the
parcel. The city may grant a time extension of an additional sixty (60)days provided the
property owner gets approval from the CityClerk. In such a case, the property owner shall
make every effort to adhere to the one-hundred and twenty (120)daymaximum time limit.
Sec. 10-500.Application Fees.
The application fee for a goat or sheep permit under this ordinance shall be setby the city
council, by resolution, from time to time.
Sec.10-500501.Revocation.
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 goats or sheep.
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Attachment 4
ORDINANCE NO._______
An Ordinance Allowing the Keeping of Bees
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the animal chapter to allow the keeping of bees as a
permitted use in all zoning districts.(Additions are underlined and deletions are stricken
from the original ordinance.)
Chapter 10 (Animals), Article XI (Bees)
Sec. 10-511.Definitions
Beemeans a domestic honeybeeof the speciesApis mellifera
Beekeeper means a person who is responsible for the keeping of bees on a property.
Beekeeping means the keeping of bees in a hive.
Hivemeansa structure intended for the housing of a bee colony.
Sec. 10-512.
Beekeeping is permitted outright (in all zoning districts) as an accessory use.
Sec. 10-513.
General Regulations:
(1) Beekeepers must test and treat honeybees for mites and pests.
(2)Beekeepers must supply a constant source of water for all hives.
(3)Beekeepers must keep current with all beekeeping best practices in the keeping of bees
as outlined in the University of Minnesota Bee Lab.
(4) Beekeepers must not cause a public nuisancewith their beekeeping.
Sec. 10-514.
Hive Regulations:
(1)No hive shall be located closer than five (5) feet from any property line.
(2)No hive shall be located closer than ten (10) feet from a public sidewalk.
(3)No hive shall be located closer than twenty-five (25) feet from a principal building on an
adjoining lot.
(4)No hive shall be located on a rooftop unless inspected and permitted by the building
department.
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Attachment 5
ORDINANCE NO._______
An Ordinance AllowingAquaculture and Aquaponics in the M-1 and M-2 Zoning Districts
The Maplewood City Council approves the following changes to the MaplewoodCode of
Ordinances:
Section 1. This section amends the M-1 (Light Manufacturing) and M-2 (Heavy
Manufacturing) zoning districts to allow aquaponics and aquaculture as a permitted use
in these district.(Additions are underlined and deletions are stricken from the original
ordinance.)
Sec. 44-6. Definitions
Aquaculturemeans 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.
Aquaponicsmeans 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.
Sec. 44-636. Permitted Uses
The city shall permit the following uses by right in the M-1 light manufacturing district:
. . .
(6)Manufacturing, assembly or processing of:
. . .
(d)Food products, except meat, poultry or fish(excluding the assembly or
processing of fish associated with aquaponics or aquaculture operations).
Section 2. This section is listed Sec. 44-676. Permitted Uses
The city shall permit the following uses by right in the M-1 heavy manufacturing district:
(1)Any use permitted in the M-1 district except adult use accessory.
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