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Home My WebLink About2016-11-21 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCESCOMMISSION Monday, November 21, 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:October 17, 2016 5.New Business a.New Member Orientation 6.Unfinished Business a.Urban Agriculture -Zoning Review 7.Visitor Presentations 8.Commission Presentations 9.Staff Presentations a.Tennis Sanitation Recycling Facility TourUpdate b.Energize Maplewood!Update c.Nature Center Programs 10.Adjourn Agenda Item 4 MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday,October 17, 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 7:04 p.m.by Chair Miller. 2. ROLL CALL Keith Buttleman, Commissioner Present MaryHenderson, Commissioner Present Mollie Miller, Chair Present Ann Palzer,Commissioner Present Ryan Ries, Commissioner Present Tom Sinn, Vice Chair Present Ginny Yingling, Commissioner Present Staff Present Shann Finwall, Environmental Planner Chris Swanson, Environmental & Code Specialist City Council Liaison Present Kathleen Juenemann, City Councilmember 3. APPROVAL OF AGENDA Commissioner Ries moved to approve the agenda as submitted. Seconded by CommissionerYingling. Ayes – All The motion passed. 4. APPROVAL OF MINUTES CommissionerRiesmoved to approve the July 18, 2016, Environmental and Natural Resources Commission meeting minutes as submitted. Seconded by CommissionerYingling. Ayes – Chairperson Miller, Commissioners Ries, Sinn, & Yingling Abstentions – Commissioners Henderson & Palzer The motion passed. October 17, 2016 1 Environmental and Natural Resources Commission MeetingMinutes 5.NEW BUSINESS a.Trash/Recycling Contract Review i.Environmental Planner, Shann Finwall gave the report on the Trash/Recycling Contract Review and answered questions of the commission. ii.Health Educator with Ramsey County Public Health, Jean Buckley, addressed the commission. iii.EnvironmentalandCode Specialist, Chris Swanson addressed and answered questions of the commissionregarding trash and recycling. iv.City Council Liaison, City CouncilmemberKathleen Juenemannaddressed the commissionregarding trash and recycling. The commission reviewed the existing trash and recycling contracts, solid waste ordinance and standards, and gave comment and feedback on future trash and recycling program policy considerations. Jean Buckley, Health Educator with Ramsey County, detailed the County’ssolid waste goals and offered feedback and guidance on Maplewood’s solid wasteprogram. Additionally, Ms. Buckley announced that the County has authorized solid waste technical assistance for the City’s trash/recycling contract review with Foth Infrastructure and Environment. No action was required. This item will be brought back to the commission at a later date. 6.UNFINISHED BUSINESS a.Urban Agriculture –Zoning Review I.Environmental Planner, ShannFinwall gave the update on the Urban Agriculture Zoning Review and answered questions of the commission. ii.Environmental & Code Specialist, Chris Swanson, addressed and answered questions of the commission. The commission reviewed the animal agriculture portion of the ordinance amendments. The commission requested additional information on the poultryand goat ordinance amendments including: Reviewingthe coop and run requirements to ensure they are adequate for the additional types of poultrybeing allowed. Adding language to allow for the keeping of poultry at schools, churches, and government agencieswith a conditional use permit. Reviewing the goat ordinance to allow the temporary keeping of goatsfor vegetative management purposesin all zoning districts with a permit. The urban agriculture zoning review will continue in November, with the commission finalizing the animal agriculture portion and beginning to review crop agriculture. 7.VISITOR PRESENTATIONS Kevin Berglund, 1929 Kingston Avenue, Maplewood,addressed the commissionand offered comments on the city’s trash and recycling programs. October 17, 2016 2 Environmental and Natural Resources Commission MeetingMinutes 8.COMMISSION PRESENTATIONS a.Pollinator Community Award Chair Miller announced that the city was presented with the Pollinator Community Award on September 11, 2016, in Stillwater bythe Pollinator Friendly Alliance.The award was given to the city for the adoption of the Pollinator Resolution and the city’s work on improving habitat and educating about pollinators. The award is displayed at the Maplewood Nature Center. 9.STAFF PRESENTATIONS a.Environmental and Natural Resources Commission Positions Ann Palzer, Mary Henderson, and Ginny Yingling’s terms expired September 30, 2016. Ann Palzerand Mary Henderson were reappointed.Ginny Yingling has decided to step down from the commission. Staff indicated that after nine years of exceptional policy direction on the commission, Ginny will be missed.Therefore, there is one position open to serve on the commission. The city is taking applications now, with interviews scheduled for November. b.Fall Clean Up Campaign (Last Four Full Weeks in October)–Chris Swanson reported on the Fall CleanupCampaign. The last four weeks in Octoberthe city partners with our trash contractor, Republic Services, to offer reduced pricebulky item curbside collection. For more information contact Republic Services at 651-455-8634. c.Energize Maplewood!Update–Shann Finwall reported on the three energy actions that are currently underway in the Energize Maplewood! program: Energize Your Congregation –there are ten congregations participating;Building Tune Up Program –all seven businesses participating have had their energy audits and are preparing to make the energy efficiency improvements; and Benchmark Your Business –the city is partneringwith the Minnesota Chamber of Commerce to offer Maplewood businessesfree energy assessments, energy benchmarking, and Energy Starcertificationif they qualify. d.Fish Creek Sneak PeekTour–October 19–Shann Finwall reminded the commission of the upcoming sneak peek tour of the new Fish Creek trail on Wednesday, October 19, from 4:30 to 6 p.m. The Parks Commission has invited the City Council and Environmental Commission to attend. The trail is open to the public now, and the city will host an “open house”for the trail in the spring. e.Planning for Resilient Cities –October 24–Shann Finwall reminded the commission of the Planning for Resilient Cities workshop on Monday, October 24from 6 to 8:30 p.m. The workshop is put on by the Alliance for Sustainability. f.Tour of Tennis Sanitations Expanded Recycling Facility October 28–Chris Swanson reminded the commission of the tour of Tennis Sanitation’s expanded recycling facility in St. Paul Park on Friday, October 28, 2016 from 3:00 to 4:30 p.m. g.Nature Center Programs ShannFinwall presented the upcoming Nature Center Programs. For more information contact the Maplewood Nature Center at (651) 249-2170or visit the website at www.maplewoodmn.gov/nc. 10.ADJOURNMENT Chair Miller adjourned the meeting at 8:52p.m. October 17, 2016 3 Environmental and Natural Resources Commission MeetingMinutes Agenda Item 5.a. MEMORANDUM TO: Environmental and Natural Resources Commission FROM:Shann Finwall, AICP, Environmental Planner DATE: November 17, 2016 for the November 21 ENR CommissionMeeting SUBJECT:New Member Orientation Introduction The City Council appointed Ted Redmond to the Environmental and Natural Resources (ENR) Commission on November 14, 2016to a three-year term, expiring September 30, 2019. CommissionerRedmond is the newest memberof the ENR Commission, replacing CommissionerYingling who did not seek reappointment after nine years on the Commission. Background Attached for your review is the ENRCommissionNew Member Orientation memorandum. The memorandum outlines the objectives, review process, responsibilities, and scope of authorityof the Commission. Summary Staff will review the New Member Orientation memorandum attached during the November 21, 2016, ENR Commission meeting. Review of this information is intended to assist new Commissioners and to update existing commissioners. Attachment Environmental and Natural Resources New Member Orientation New Member Orientation Attachment Environmental and Natural Resources New Member Orientation Date Revised: November 17, 2016 INTRODUCTION This orientation outlines the objectives, review process, responsibilities, and scope of authority of the Environmental and Natural Resources (ENR) Commission. It is intended to assist new commissioners and to update existing commissioners. ORIENTATION Origination of the ENRCommission In 2004 the Maplewood City Councilcreated the Environmental Committee, formed as an ad- hoc committee responsible for advising the City Counciland other commissions and boards on matters relevant to the environment. This includes such matters as recycling, solid waste, environmental education, water resources, wetlands, and storm water management.On September11, 2006, the City Counciladopted the committee as a full-fledged commission when it adopted the ENR Commission ordinance. ENR Commission Purpose/Objective The ENR Commission was formed to establish environmental priorities and to propose changes necessary to existing environmental ordinances which ensure that the city’s environmental assets are protected, preserved, and enhanced. Attached is a copy of the ENR Commission ordinance (Attachment 1) that explains in detail the ENR’s purpose/objective. ENR Commission Staff Liaison The Environmental and Economic Development Department (EEDD) provides staff liaisons and technical support for four of the City’s citizen advisory boards and commissions including the Environmental and Natural Resources Commission. Shann Finwall, Environmental Planner, is the staff liaison to the Commission. Contact information for EEDD is listed below. Contact Information Following is list of staff contacts that serve as technical support to the Commission: DuWayne Konewko,EEDDand Parks Director (651) 249-2330 duwayne.konewko@maplewoodmn.gov Michael Martin, Economic Development Coordinator(651) 249-2303 michael.martin@maplewoodmn.gov Shann Finwall, AICP, Environmental Planner (651) 249-2304 shann.finwall@maplewoodmn.gov Virginia (Ginny) Gaynor, Natural Resources Coord. (651) 249-2416 virginia.gaynor@maplewoodmn.gov Ann Hutchinson, Lead Naturalist (651) 249-2172 ann.hutchinson@maplewoodmn.gov Chris Swanson, Environmental Specialist (651) 249-2305 chris.swanson@maplewoodmn.gov 1 Agenda Packets City staff will prepare an ENR Commission agenda packet the week before the scheduled meeting. The packets contain an agenda, minutes fromprevious meetings, and staff reportsfor each agenda item. City staff mailsthe packets to the ENR Commissioner’s homes so they receive them the Friday before the meeting. Staff also sends an e-mail with the agenda attached and a link to the packet oncecomplete, normally on the Thursday prior to the meeting. ENR Commissioner Responsibility Each commissioner should review the staff reports and visit the propertiesif applicable to form an opinion of the project and become familiar with the proposal or item before the meeting. Meetings Meeting Dates:The third Monday of each month. Starting Time:7:00 p.m. Meeting Location:City Councilchambers at Maplewood City Hall, 1830 E. County Road B Quorum:A simple majority of the current membership of the commissioners constitutesa quorum. Cancellations/Staff will inform the ENR Commission of meeting cancellations. Meetings Rescheduling:are canceled when we cannot get a quorum or if there are no items to review. Officers:A chairperson and vice chairperson shall be elected by the Commission at the first ENR Commission in January of each year, and willserve until their successors have been elected. City CouncilThe chair will represent the ENR Commission at City Councilmeetings Meeting:where ENR Commission items are on the agenda. The chair will present the Commission’s recommendations and answer questions from the City Councilregarding the decision. If the chair is unavailable to attend the City Councilmeeting, the chair will appoint a representative from the commission. CommissionHandbook The City Counciladopted a Commission Handbook to provide general information, rules, policies, and state statutes for commission members.The Commission Handbook is currently being revised and will be distributed once complete. Rules of Procedure On December 21, 2009, the ENR Commission adopted the Rules of Procedure (Attachment2). The Rules were approved by the City Councilon March 8, 2010. ENRAnnual Report Each year theENR Commission submits an annual report to the City Council. The annual report includes actions and activities for the previous year and goals for the new year. Staff drafts the annual report for review by the ENR Commission during the meeting in February. The report is then forwarded to the City Councilfor final approval. 2 City Council/Advisory Commissions and Boards Attached is a contact list for the City Counciland all City Commissions and Boards (Attachment 3). CablecastofENRCommission Meetings The City of Maplewood cablecastsENR Commission meetings.The meetings are aired live on Channel 16 and re-run throughout the month.For re-run schedules visit the City’s website at http://www.maplewoodmn.gov/555/Channel-16-Schedule.The meetings are also streamed live on the City’s website at http://www.maplewoodmn.gov/673/Watch-Meetings-Online. City Website . The website is a The City of Maplewood has a website located at www.maplewoodmn.gov good source of information. In addition to current city news and information, the website contains the city code of ordinances, information on upcoming ENR Commission meetings (including packets), and ENRmeeting minutes. SUMMARY The City of Maplewood would like to welcome you as a new member of the ENR Commission. We look forward to working with you on ensuring the City’s environmental assets are protected, preserved, and enhanced. P\\environmenta\\environemental commission\\orientation Attachments: 1.ENR Commission Ordinance 2.ENR Commission Rules of Procedure 3.City Council/Advisory Commission and Board Contact List 3 MINUTES Attachment 1 MAPLEWOOD CITY COUNCIL 7:38 P.M. Monday, September 11, 2006 Council Chambers, City Hall Meeting No. 06-23 K. UNFINISHED BUSINESS 1. Ordinance to Establish Full Commission Status for the Environmental Committee (Second Reading) a. Environmental Manager Konewko presented the report. Mayor Longrie moved to adopt the following second reading of the ordinance to establish the Environmental and Natural Resources Commission as an advisory board to the city council as provided by the Minnesota Statute: MAPLEWOOD ORDINANCE NO. 872 DIVISION 4. ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Sec. 18.180. Established The city council establishes for the city an environmental and natural resources commission as an advisory board to the city council, as provided in Minn. Stats. §§ 462.351-462.365. (Code 1982, § 25-17) Sec. 18-181. Advisory body; exceptions All actions of the advisory environmental and natural resources commission shall be in the nature of recommendations to the city council, and the commission shall have no final authority about any matters, except as the council may lawfully delegate authority to it. (Code 1982, § 25-18) State law reference- City environmental and natural resources agency to be advisory, except as otherwise provided by state statute or charter, Minn. Stats. § 462.354, subd. 1. Sec. 18.182. Composition; appointment; qualifications; terms (a) The environmental and natural resources commission shall have seven members appointed by the council. The members shall be residents of the city and may not hold an elected city public office. When possible, the council shall select commission members to represent the various areas of the city and to help meet the needs of the residents. (b) The city council shall appoint members of the environmental and natural resources commission for three-year terms. If the appointment is to fill a vacancy, the appointment would be to finish the unexpired part of the vacated terms. (Code 1982, § 25-19) Sec. 18.183. Chairperson and vice-chairperson. The environmental and natural resources commission shall elect a chairperson and a vice- chairperson at the first environmental and natural resources commission meeting in January each year. The chairperson shall be responsible for calling and presiding at meetings and shall have an equal vote with other members of the commission. If the chairperson is not at a meeting, the vice-chairperson shall assume the duties of the chairperson for that meeting. If the chairperson resigns from or is otherwise no longer on the environmental and natural resources City Council Meeting 09-11-06 1 commission, the vice-chairperson shall become the acting chairperson until the environmental and natural resources commission can hold an election for new officers. (Code 1982 § 25-20) Sec. 18.184. Vacancies. (a) Any of the following may cause the office of an environmental and natural resources commissioner to become vacated: (1) Death or removal from the city (2) Disability or failure to serve, as shown by failure to attend three meetings in any year, may be cause for removal by council majority, unless good cause can be shown to the council. (3) Resignation in writing. (4) Taking public office in the city. (b) Vacancies shall be filled by the council for the unexpired portion of the vacated term. (Code 1982, § 25-21) Sec. 18.185. Officers; meetings; rules of procedure. (a) The environmental and natural resources commission shall elect its own officers, establish meeting times, and adopt its own rules of procedure to be reviewed and approved by the city council. (b) All meetings of the environmental and natural resources commission shall be open to the public and published on the city’s website. (Code 1982, § 25-22) Sec. 18.186. Duties and responsibilities. In order to protect, preserve and enhance the environment of the City of Maplewood, the Environmental and Natural Resources Commission will: (1) Establish environmental priorities for the city in partnership with the City Council. (2) Recommend to the Community Design Review Board, Planning Commission and City Council changes necessary to existing policies, operating procedures and ordinances that control, protect, preserve and enhance the city’s environmental assets. (3) Recommend to the Community Design Review Board, Planning Commission and City Council new policies, operating procedures and ordinances that control, protect, preserve and enhance the city’s environmental assets. (4) Actively participate in and support the mission and goals of the Maplewood Nature Center and Neighborhood Preserves by promoting environmental awareness through educational programs, communications and co-sponsored activities. (5) Pro-actively promote greater use and appreciations of the city’s environmental assets. (6) Review the role of other city groups and how they might assist, support and advise the Environmental and Natural Resources Commission. (7) Sponsor environmental projects to enhance, repair, replace or restore neglected or deteriorating environmental assets of the city. (8) Develop educational programs and materials that foster the mission to the Environmental and Natural Resources Commission. (9) Develop and promote the use of “sustainable practices” for city policies and procedures. (Code 1982, § 25-23) City Council Meeting 09-11-06 2 Sec. 18.187. Compensation; expenses. All members of the environmental and natural resources commission shall serve without compensation. However, approved expenses of the environmental and natural resources commission shall be paid from available city funds. Sec. 18.188. Responsibilities of the Environmental Manager. Subject to the direction of the city manager, the environmental and natural resources commission and its chairperson, the environmental manager who reports to the city engineer shall: (1) Conduct all correspondence of the commission. (2) Send out all required notices (3) Attend all meetings and hearings of the commission. (4) Keep the dockets and minutes of the commission’s proceedings. (5) Keep all required records and files. (6) Maintain the files and indexes of the commission. (Code 1982, § 25-25) Sec. 18.189. Duties of city engineer, city attorney and other city employees. (a) The city engineer and the city attorney shall be available to the environmental and natural resources commission. The city engineer and attorney shall have the right to sit in with the commission at all meetings, but shall not be entitled to vote as members of the commission. (b) All city engineering department employees and other regular employees or personnel of the city shall cooperate with the environmental and natural resources commission and make them self available and attend meetings when requested to do so. (Code 1982, § 25-26) This ordinance shall be effective on October 1, 2006. Seconded by Councilmember Hjelle Ayes-All City Council Meeting 09-11-06 3 Attachment ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION RULES OF PROCEDURE Adopted by Environmental and Natural Resources Commission on October 7, 2008 Amendments made by the commission on December 21, 2009 Adopted by the City Council on March 8, 2010 We, the members of the Environmental and Natural Resources Commission of the City of Maplewood, Minnesota, created pursuant to Division 4, Sections 18.180 to 18.189 of the Maplewood Code of Ordinances, hereby adopt the following "Rules of Procedure," subject to the provisions of said Article, which is hereby made a part of these Rules: A. APPOINTMENTS The city council shall make appointments to the environmental and natural resources commission by following the current city appointment policy. B. MEETINGS 1.All meetings shall be held in the council chambers in Maplewood City Hall, 1830 E. County Road B, unless otherwise directed by the chairperson or staff, in which case at least 24 hours notice will be given to all commissioners. 2.Regular meetings shall be held at 7:00 p.m. on the third Monday of each calendar month, provided that when the meeting falls on a legal holiday, such meeting shall be rescheduled. 3.Special meetings may be held upon call by the chairperson or in his/her absence, by the vice chairperson, or by any other commissioner with the concurrence of a majority of the commissioners with at least 72 hours notice to all commissioners. C.COMMUNITY DEVELOPMENT AND PARKS DEPARTMENT In addition to carrying out the duties prescribed in city ordinance the environmental planner or a designated replacement shall: 1.Prepare the agenda for each meeting. 2.Act as technical advisor on any matter which comes before the commission. 3.Make written recommendations to the commission on matters referred to the commission. 4.Schedule any matter with the city council that has been reviewed by the commission that requires city council approval. -1- D. AGENDA 1. Copies of the agenda, together with pertinent staff reports and copies of the minutes of the previous meeting shall be made available to each member of the commission no later than three days prior to the next scheduled meeting. 2. The agenda format shall generally read as follows: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes e. Unfinished Business f. New Business g. Visitor Presentations h. Commissioner Presentations i. Staff Presentations j. Adjournment E. QUORUM 1. A simple majority of the current membership of the commissioners shall constitute a quorum. 2. Any action by the commission shall require a majority vote of the members present. F. ELECTION OF OFFICERS A chairperson and vice chairperson shall be elected at the first environmental and natural resources commission in January of each year and will serve until their successors have been elected. Nominations and members interested in serving as the chairperson or vice- chairperson shall be announced at the last meeting of the year. The chairperson will call for further nominations at the first meeting in January each year prior to the election. G. DUTIES OF THE CHAIRPERSON 1. In addition to the duties prescribed in the ordinance, the chair shall represent the commission at each city council meeting where a commission item is on the agenda, to present the commission’s recommendations and to answer questions from the city council regarding the decision. If the chair is unavailable to attend the city council meeting, the chair will appoint a representative from the commission. H. CHAIRPERSON AND VICE-CHAIRPERSON 1. The chairperson, vice chairperson, and such officers as the commission may decide shall be elected and assume duties according to the current ordinance. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. -2- 3. If the chairperson resigns from or is otherwise no longer on the commission, the vice chairperson shall become the acting chairperson until the commission can hold an election for new officers. If the vice chairperson resigns or is otherwise no longer on the commission, the commission will elect a new vice chairperson at the next possible commission meeting. I. TEMPORARY COMMITTEES 1. The commission shall elect by a majority vote such standing committees and temporary committees as may be required and such committees will be charged with the duties, examinations, investigations, and inquiries relative to subjects assigned by the chair. 2. No standing or temporary committee shall have the power to commit the commission to the endorsement of any plan or program without the express approval of the commission. J. VACANCIES The environmental and natural resources commission positions shall be vacated or recommended to the city council for vacation according to the current environmental and natural resources ordinances. K. AMENDMENT OR SUSPENSION OF RULES 1. Any of the foregoing rules may be temporarily suspended by a majority vote of the commissioners present. 2. The "Rules of Procedure" may be amended at any regular meeting by a majority vote. L. RULES OF ORDER In all points not covered by these rules, the commission shall be governed in its procedures st by Rosenberg’s Rules of Order, Simple Parliamentary Procedures for the 21 Century. P:\\PW\\Works\\Environemental\\Environmental Commission\\ENR Rules of Procedure -3- Attachment 3 All Active Commissioner Contact Info - Public {ƷğŅŅ \[źğźƭƚƓʹ YğƩĻƓ IğğŭЏЎЊ͵ЋЍВ͵ЋЉЉЋYğƩĻƓ͵ŷğğŭθĭź͵ƒğƦƌĻǞƚƚķ͵ƒƓ͵ǒƭ City Council 2940 Frank Street ΛIΜtŷƚƓĻʹ /ƚǒƓĭźƌƦĻƩƭƚƓ Marylee Abrams ĻƩƒ 9ǣƦźƩĻƭʹ12/31/2017Maplewood, MN 55109 Λ/ΜtŷƚƓĻʹ Marylee.Abrams@maplewoodmn.gov ΛΜtŷƚƓĻʹ ΛIΜtŷƚƓĻʹ 721 Mt Vernon Ave E651.771.3670 /ƚǒƓĭźƌƦĻƩƭƚƓ Kathleen Juenemann ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 12/31/2017Maplewood, MN 55117 kathleen.juenemann@maplewoodmn.gov ΛΜtŷƚƓĻʹ ΛIΜtŷƚƓĻʹ 1756 East Shore Drive651.738.7099 ağǤƚƩ Nora Slawik ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 12/31/2017Maplewood, MN 55109 Nora.Slawik@maplewoodmn.gov ΛΜtŷƚƓĻʹ ΛIΜtŷƚƓĻʹ 1710 East Shore Drive651-888-0085 /ƚǒƓĭźƌƦĻƩƭƚƓ Bryan Smith ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 12/31/2019Maplewood, MN 55109 bryan.smith@maplewoodmn.gov ΛΜtŷƚƓĻʹ 328 McKnight Road S.ΛIΜtŷƚƓĻʹ651-444-0531 /ƚǒƓĭźƌƦĻƩƭƚƓ Tou Xiong ĻƩƒ 9ǣƦźƩĻƭʹ12/31/2019Maplewood, MN 55119 Λ/ΜtŷƚƓĻʹ tou.xiong@maplewoodmn.gov ΛΜtŷƚƓĻʹ {ƷğŅŅ \[źğźƭƚƓʹ aźƉĻ ağƩƷźƓЏЎЊ͵ЋЍВ͵ЋЌЉЌaźĭŷğĻƌ͵ağƩƷźƓθĭź͵ƒğƦƌĻǞƚƚķ͵ƒƓ͵ǒƭ Community Design Review Board 1173 Lakewood Dr S ΛIΜtŷƚƓĻʹ651.578.1658 /ŷğźƩ Matt Ledvina ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 4/30/2017Maplewood, MN 55119 Mattledvina@comcast.net ΛΜtŷƚƓĻʹ ΛIΜtŷƚƓĻʹ 3010 Furness Ct. N. wckempe@yahoo.com Bill Kempe ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 4/30/2018Maplewood, MN 55109651.226.7933 ΛΜtŷƚƓĻʹ ΛIΜtŷƚƓĻʹ 2620 Knollwood Ct. N jason.lamers@boral.com Jason Lamers ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 4/30/2018Maplewood, MN 55109 ΛΜtŷƚƓĻʹ 612.940.7362 ΛIΜtŷƚƓĻʹ Vacant ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 4/30/2019 ΛΜtŷƚƓĻʹ 2460 King Ave ΛIΜtŷƚƓĻʹ651.730.5966rojiananth@aol.com Ananth Shankar ĻƩƒ 9ǣƦźƩĻƭʹ4/30/2019Maplewood, MN 55119 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ651.290.1938 {ƷğŅŅ \[źğźƭƚƓʹ {ŷğƓƓ CźƓǞğƌƌЏЎЊ͵ЋЍВ͵ЋЌЉЍ{ŷğƓƓ͵CźƓǞğƌƌθĭź͵ƒğƦƌĻǞƚƚķ͵ƒƓ͵ǒƭ Environmental & Natural Resources Com 1861 Kenwood Dr. W ΛIΜtŷƚƓĻʹ507-380-3186savetheapples2@yahoo.com /ŷğźƩ Mollie Miller ĻƩƒ 9ǣƦźƩĻƭʹ9/30/2017Maplewood, MN 55117 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ 345 Sophia Avenue E ΛIΜtŷƚƓĻʹ651-895-4862tom.sinn@envirotechnologicalsolutions.co źĭĻΏ/ŷğźƩ Tom Sinn ĻƩƒ 9ǣƦźƩĻƭʹ9/30/2017Maplewood, MN 55117 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ 2503 Haller Lane ΛIΜtŷƚƓĻʹ Keith Buttleman ĻƩƒ 9ǣƦźƩĻƭʹ9/30/2018Maplewood, MN 55119 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ 2503 Cypress St.ΛIΜtŷƚƓĻʹ ries.ryan@gmail.com Ryan Ries ĻƩƒ 9ǣƦźƩĻƭʹ9/30/2018Maplewood, MN 55109 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ ΛIΜtŷƚƓĻʹ Vacant ĻƩƒ 9ǣƦźƩĻƭʹ9/30/2019 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ Page 1 of 4 Thursday, November 17, 2016 All Active Commissioner Contact Info - Public 1211 Century Ave. S.ΛIΜtŷƚƓĻʹ mphonthepond@comcast.net Mary Henderson ĻƩƒ 9ǣƦźƩĻƭʹ9/30/2019Maplewood, MN 55119 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ ΛIΜtŷƚƓĻʹ 2497 Stillwater Road E. annpalzer@gmail.com Ann Palzer ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 9/30/2019Maplewood, MN 55119 ΛΜtŷƚƓĻʹ {ƷğŅŅ \[źğźƭƚƓʹDźƓƓǤ DğǤƓƚƩЏЎЊ͵ЋЍВ͵ЋЍЊЏźƩŭźƓźğ͵DğǤƓƚƩθĭź͵ƒğƦƌĻǞƚƚķ͵ƒƓ͵ǒƭ Heritage Preservation Commission ΛIΜtŷƚƓĻʹ Vacant ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 4/30/2017 ΛΜtŷƚƓĻʹ ΛIΜtŷƚƓĻʹ 1594 Mary St.651.773.9253john@nai-architects.com John Gaspar ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 4/30/2017Maplewood MN 55119 ΛΜtŷƚƓĻʹ 1100 County Road C ΛIΜtŷƚƓĻʹ651.490.3251happypebbl@hotmail.com /ŷğźƩ Peter Boulay ĻƩƒ 9ǣƦźƩĻƭʹ4/30/2018Maplewood, MN 55109 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹP - 651.296.421 2494 Adele St.ΛIΜtŷƚƓĻʹ651.765.8600bobcardinal@comcast.net Bob Cardinal ĻƩƒ 9ǣƦźƩĻƭʹ4/30/2018Maplewood, MN 55109 Λ/ΜtŷƚƓĻʹ 651.398.1457 ΛΜtŷƚƓĻʹ 952.564.3806 ΛIΜtŷƚƓĻʹ Vacant ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 4/30/2019 ΛΜtŷƚƓĻʹ ΛIΜtŷƚƓĻʹ 1937 Kenwood Dr W651.340.4747rchcur@aol.com źĭĻΏ/ŷğźƩ Richard Currie ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 4/30/2019Maplewood, MN 55117 ΛΜtŷƚƓĻʹ 612.267.4006 ΛIΜtŷƚƓĻʹ 1102 Lakewood Drive S.612.232.9693 Frank Gilbertson ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 4/30/2019Maplewood, MN 55119 ΛΜtŷƚƓĻʹ {ƷğŅŅ \[źğźƭƚƓʹ aźĭŷğĻƌ ağƩƷźƓЏЎЊ͵ЋЍВ͵ЋЌЉЌaźĭŷğĻƌ͵ağƩƷźƓθĭź͵ƒğƦƌĻǞƚƚķ͵ƒƓ͵ǒƭ Housing & Economic Development Commi 1910 Prosperity Rd.ΛIΜtŷƚƓĻʹ amybrianfinley@gmail.com Brian Finley ĻƩƒ 9ǣƦźƩĻƭʹ9/30/2017Maplewood, MN 55109 Λ/ΜtŷƚƓĻʹ651.357.0793 ΛΜtŷƚƓĻʹ 2311 Case Ave. E.ΛIΜtŷƚƓĻʹ warrenwessel@gmail.com /ŷğźƩ Ώ .ǒƭźƓĻƭƭ wĻƦ Warren Wessel ĻƩƒ 9ǣƦźƩĻƭʹ9/30/2017Maplewood, MN 55119 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ 2625 Southlawn Dr.ΛIΜtŷƚƓĻʹP-651.779.9935P-madukabosi@yahoo.com Benosi Maduka ĻƩƒ 9ǣƦźƩĻƭʹ9/30/2018Maplewood, MN 55109 Λ/ΜtŷƚƓĻʹP-651.366.2287 ΛΜtŷƚƓĻʹP-651.266.3732 2975 Walter ST.ΛIΜtŷƚƓĻʹ ungerslaw@comcast.net Dennis Unger ĻƩƒ 9ǣƦźƩĻƭʹ9/30/2018Maplewood MN 55109 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ 830 New Century Blvd. S.ΛIΜtŷƚƓĻʹ .ǒƭźƓĻƭƭ wĻƦ Mark Jenkins ĻƩƒ 9ǣƦźƩĻƭʹ9/30/2019Maplewood MN 55119 Λ/ΜtŷƚƓĻʹ mark@jenkinsweb.net ΛΜtŷƚƓĻʹ612.701.2019 4194 Homewood Ave ΛIΜtŷƚƓĻʹjennifer.lewis@wpglimcher.com .ǒƭźƓĻƭƭ wĻƦ Jennifer Lewis ĻƩƒ 9ǣƦźƩĻƭʹ9/30/2019White Bear Lake, MN 55110 Λ/ΜtŷƚƓĻʹ651.770.3863 ΛΜtŷƚƓĻʹ763.286.3139 Page 2 of 4 Thursday, November 17, 2016 All Active Commissioner Contact Info - Public 1088 Gordon Ave ΛIΜtŷƚƓĻʹ Joy.A.Tkachuck@HealthPartners.Com źĭĻΏ/ŷğźƩΉ{ĻĭƩĻƷğƩǤ Joy Tkachuck ĻƩƒ 9ǣƦźƩĻƭʹ9/30/2019Maplewood, MN 55109 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ {ƷğŅŅ \[źğźƭƚƓʹWźƒ ğǤƌƚƩЏЎЊ͵ЋЍВ͵ЋЊЋЊƆğƒĻƭ͵ƷğǤƌƚƩθĭź͵ƒğƦƌĻǞƚƚķ͵ƒƓ͵ǒƭ Park & Recreation Commission ΛIΜtŷƚƓĻʹ 2927 Walter St651.490.5064brannon@ti.com Craig Brannon ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 4/30/2017Maplewood, MN 55109 ΛΜtŷƚƓĻʹ ΛIΜtŷƚƓĻʹ 2231 Ide Court Terri Mallet ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 4/30/2017Maplewood, MN 55109 ΛΜtŷƚƓĻʹ ΛIΜtŷƚƓĻʹ 1844 E. Shore Dr. Nikki Villavicencio ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 4/30/2017Maplewood, MN 55109 ΛΜtŷƚƓĻʹ ΛIΜtŷƚƓĻʹ Vacant ĻƩƒ 9ǣƦźƩĻƭʹ4/30/2018 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ 1751 Edgemont ΛIΜtŷƚƓĻʹ651.788.7580 Dorothy Molstad ĻƩƒ 9ǣƦźƩĻƭʹ4/30/2018Maplewood, MN 55117 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ ΛIΜtŷƚƓĻʹ 2968 Howard St. Nrhsusag@aol.com Russell Susag ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 4/30/2018Maplewood, MN 55109 ΛΜtŷƚƓĻʹ ΛIΜtŷƚƓĻʹ Vacant ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 4/30/2019 ΛΜtŷƚƓĻʹ ΛIΜtŷƚƓĻʹ Vacant ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 4/30/2019 ΛΜtŷƚƓĻʹ 1622 County Road C E.ΛIΜtŷƚƓĻʹ rickbrandon46@gmail.com Rick Brandon ĻƩƒ 9ǣƦźƩĻƭʹ4/30/2019Maplewood, MN 55109 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ {ƷğŅŅ \[źğźƭƚƓʹ aźƉĻ ağƩƷźƓЏЎЊ͵ЋЍВ͵ЋЌЉЌaźĭŷğĻƌ͵ağƩƷźƓθĭź͵ƒğƦƌĻǞƚƚķ͵ƒƓ͵ǒƭ Planning Commission 2973 Edward St ΛIΜtŷƚƓĻʹ651.484.2132 źĭĻΏ/ŷğźƩƦĻƩƭƚƓ Tushar Desai ĻƩƒ 9ǣƦźƩĻƭʹ12/31/2016Maplewood, MN 55109 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ 3010 Furness Ct. N.ΛIΜtŷƚƓĻʹwckempe@yahoo.com Bill Kempe ĻƩƒ 9ǣƦźƩĻƭʹ12/31/2016Maplewood, MN 55109 Λ/ΜtŷƚƓĻʹ651.226.7933 ΛΜtŷƚƓĻʹ 2550 Clarence St.ΛIΜtŷƚƓĻʹ651.484.1453arbybuckle@msn.org /ŷğźƩ Paul Arbuckle ĻƩƒ 9ǣƦźƩĻƭʹ12/31/2017Maplewood, MN 55109 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ651.494.9302 1276 County Rd C E ΛIΜtŷƚƓĻʹ Frederick Dahm ĻƩƒ 9ǣƦźƩĻƭʹ12/31/2017Maplewood, MN 55109 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ 2569 Hillwood Dr. E.ΛIΜtŷƚƓĻʹ JohnTDonofrio@gmail.com John Donofrio ĻƩƒ 9ǣƦźƩĻƭʹ12/31/2017Maplewood, MN 55119 Λ/ΜtŷƚƓĻʹ651.331.0041 ΛΜtŷƚƓĻʹ Page 3 of 4 Thursday, November 17, 2016 All Active Commissioner Contact Info - Public 1700 East Shore Dr.ΛIΜtŷƚƓĻʹP- 612.877.165P-eadsx001@umn.edu John Eads ĻƩƒ 9ǣƦźƩĻƭʹ12/31/2018Maplewood, MN 55109 Λ/ΜtŷƚƓĻʹP-612.877.1655 ΛΜtŷƚƓĻʹP-612.672.1837 ΛIΜtŷƚƓĻʹ 1745 Clarence St.yemkoby@hotmail.com Allan Ige ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 12/31/2018Maplewood, MN 55109 ΛΜtŷƚƓĻʹ {ƷğŅŅ \[źğźƭƚƓʹĻƩƩźĻ wğƒĻğǒǣЏЎЊ͵ЋЍВ͵ЋЉЎЍĻƩƩźĻ͵wğƒĻğǒǣθĭź͵ƒğƦƌĻǞƚƚķ͵ƒƓ͵ǒƭ Police Civil Service Commission ΛIΜtŷƚƓĻʹ 1989 Duluth St.651.490.9759dbirkholz@preshomes.org {ĻĭƩĻƷğƩǤ Debra Birkholz ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 12/31/2016Maplewood, MN 55109 ΛΜtŷƚƓĻʹ ΛIΜtŷƚƓĻʹ 3029 Bartelmy Lane James Meehan ĻƩƒ 9ǣƦźƩĻƭʹΛ/ΜtŷƚƓĻʹ 12/31/2017Maplewood, MN 55109 ΛΜtŷƚƓĻʹ 651.274.5342 439 Oday Circle ΛIΜtŷƚƓĻʹ l1liddell@aol.com /ŷğźƩ Lisa Marie Liddell ĻƩƒ 9ǣƦźƩĻƭʹ12/31/2018Maplewood, MN 55119 Λ/ΜtŷƚƓĻʹ ΛΜtŷƚƓĻʹ Page 4 of 4 Thursday, November 17, 2016 Agenda Item 6.a. MEMORANDUM TO: Environmental and Natural Resources Commission FROM:Shann Finwall, AICP, Environmental Planner Chris Swanson, Environmental and Code Specialist DATE: November 16 for the November 21 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 November 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 willremove 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 October ENR Commission meeting the Commission proposedseveral changes to the chicken ordinance(now called the poultry ordinance). Three 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 to a maximum number based on space requirements, not to exceed 30 chickens; and 3) allowing the keeping of other types of poultry, such as quail and pheasants. Additionally, theCommission requested staff research and offer code language for two additional items as follows: Review the coop and run requirements to ensure they are adequate for the additional types of poultrybeing allowed. Add language to allow for the keeping of poultry at schools, churches, and government agencieswith a conditional use permit. Changes to those portions of the poultry ordinance are attached (Attachment 2). Keeping of Goats Maplewood’s codes prohibit the 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 proposedallowing the temporary keeping of goats in all zoning districts for purposes of vegetative management with a permit.Attachment 3 is proposed language for the temporary keeping of goats. Keeping of Bees The ENR Commission is proposing the following backyard honeybee code language(additions are underlined): Zoning and Animal Chapter 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. Animal Chapter Regulations: Hive Regulations: o No hive shall be located closer than 5 feet from any property line. o No hive shall be located closer than 10 feet from a public sidewalk or 25 feet from a principal building on an adjoining lot. o No hive shall be located on a rooftop unless inspected and permitted by the building department. General Regulations: o A constant supply of water shall be provided for all hives. o Care must be taken so as not to cause a public nuisance. Aquaculture and Aquaponics The ENR Commission is proposing the following language in the Zoning Code to allow aquaculture and aquaponics uses (additions are underlined deletions are stricken): 2 Zoning Definitions: Aquaculture is the farming of aquatic organisms such as fish, crustaceans, and mollusks. It involves cultivating freshwater and saltwater aquatic populations under controlled conditions for the production and sale of fish. Aquaponics is a closed-loop system between plants and fish. It involves cultivating fish and plants in a symbiotic environment for the production and sale of fish and produce. Zoning District: Light and Heavy Manufacturing Districts: o Permitted uses allows manufacturing, assembly or processing of food products, except meat, poultry,or fish(excluding the assembly or processing of fish associated with aquaponics or aquaculture operations). Crop Agriculture Types of Crop Agriculture Attachment 4 is the Crop Agriculture section of the Guidebook for Municipal Zoning for Local Foods. This guidebook was found to be a valuable resource when the Commission reviewed it in its entirety during the beginning of the urban agriculture zoning reviewearlier thisyear. The guidebook describes the following types of crop agriculture that could take place in a residential suburban environment, and details the land use concerns associated with those uses. Here is a summaryfrom the guidebook and how the City’s existing codes would apply: Front Yard Gardening o Description: Most residential crop gardens are planted in the back or side yard. The increasing popularity of consuming home-grown produce has expanded to the front yard. o Land use concerns: Height of crops and aesthetics. o Existing codes: Maplewood’s codes are silent on front yard gardening. Private Gardening on Vacant Lots o Description: Gardening on vacant lots owned or rented by a private household or government entity. o Land use concerns:Additional people and activity to the site; parking, lighting, signage, accessory buildings. o Existing codes: Maplewood’s codes only allow a garden as an accessory use to a residential house. Community Gardens o Description: Shared gardens managedcollectively by a group, either on an existing developed lot, undeveloped land, or within a right-of-way. o Land Use Concerns:Additional people and activity to the site;parking, lighting, signage, accessory building, farm stands where retail trade is conducted. 3 o Existing codes: Maplewood’s codes are silent on community gardens. The conditional use permit ordinance does allow public uses on any zoning district with a conditional use permit. The Rice Street community garden was approved through this process. Market Gardens o Description: Community garden where all or a portion of the harvest is offered for retail sale. o Land use concerns:Additional people and activity to the site; parking, lighting, signage, accessory building, farm stands whereretail trade is conducted. o Existing codes: Maplewood’s codes are silent on market gardens. Urban Farms o Description: For-profit agricultural operation. o Land use concerns: Additional people and activity to the site; parking, lighting, signage, accessory building, farm stands where retail trade is conducted, large equipment, chemical pesticides or herbicides. o Existing codes: Maplewood’s codes are silent on urban farms. Season Extenders o Description: Any method of protecting crops from the elements in order to extend the length of the growing season (hoop house, greenhouse). o Land use concerns: Building code and aesthetics. o Existing codes:Greenhouses and larger structures, Maplewood’s code would allow these structures with design review approval and a building permit. Maplewood’s codes are silent on the smaller structures. Recommendation 1.Finalize and make a recommendation on the animal agricultureordinance amendments. Staff will present the Environmental and Natural Resources Commission’s recommendations on this section of the urban agriculture review to the Planning Commission. 2.Offer comment and feedback on the crop agriculture zoning review. Attachments 1.Urban Agriculture Zoning Review Study 2.Keeping of Poultry Ordinance 3.Keeping of GoatsOrdinance 4.Municipal Zoning for Local Foods in Iowa: A Guidebook for Reducing Local Regulatory Barriers to Local Foods (Crop Agriculture Section) 5.Municipal Zoning for Local Foods in Iowa –Full Guidebook Found at https://blogs.extension.iastate.edu/planningBLUZ/files/2012/01/ZONING-FOR- LOCAL-FOODS-GUIDEBOOK.pdf 4 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 Attachment 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 Updated Ordinance Language Proposed Since October ENR Commission Meeting Shown in Blue ORDINANCE NO._______ An OrdinanceAllowing theKeepingofPoultry 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. 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 1 Attachment 2 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, 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. 2 Attachment 2 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 Codeto 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 suitability of conditional uses. The city is not obligated to approve such uses. Sec44-1092 – Conditional Uses Thecity 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. 3 Attachment 2 (6) Planned unit developments (PUD). (7) Construction of anoutlot. (8)Keeping of poultryas 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 Galliformeschicken. 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 meat sources 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. 4 Attachment 2 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 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. (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. 5 Attachment 2 (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 cleanedfrequently 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. Sec. 10-480.Keeping of onsingle dwellingresidential lots. (1)Permit required. 6 Attachment 2 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. (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 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. (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 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, 7 Attachment 2 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 bedeemed 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 poultrychickensshallbe 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. Permits issued under this division shall have a duration period of one year. 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 everytwo (2) years.A permit renewal application shall be filed with the office of the city clerk prior to the expiration date. each year. 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. 8 Attachment 2 Sec. 10-487. (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.Thekeeping of poultry on lots notzoned single dwellingresidentialis allowed with approval of aconditional use permit as outlinedin Sec. 44-1091 (Conditional Uses)and 10- 479 (Limitation on the Keeping of Poultry). 9 Attachment 3 Added Goat Language in Red ORDINANCE NO._______ An Ordinance Allowing the Temporary Keeping of Goats 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 theownership 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. …. 1 Attachment 3 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)(exceptfor goats outlined in Chapter 10, Article X, Goats) 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)(exceptfor goats outlined in Chapter 10, Article X, Goats) 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. R-1S District Chapter 44 (Zoning), Article II (District Regulations), Division 5 (R-1S Small-Lot Single-Dwelling District) 2 Attachment 3 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 animal chapter to allow the temporary keeping of goatsin all zoning districts with permit. (Additions are underlined.) Chapter 10 (Animals), Article X (Goats) Sec. 44-492. Definitions Buckmean a male goat. Doemeans a female goat. Goatmeans an animal in the subspecies of Capra Aegagrus Hircus. Officer means any person designated by the city manager as an enforcement officer Wethers means a castrated Buck Sec. 10-493. 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 this section. Sec. 10-494.Permitted Use. The City allowsthe temporary keeping of goats in all zoning districtsfor vegetation management with a permit issued by the City Clerk. Sec. 10-495.Permit Required. 3 Attachment 3 No person shall stable, keep or permit any goats to remain on any lot or premises within the city without a permit. The city manager or their designee shall grant a permit for goats after the applicant has been issued a permit. Sec. 10-496. 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 goats. (2)The breed and number of goats 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 guidelines. (5)List of person(s) managing and monitoring the goats and their qualificationsin the raising, handling and controlling of goats. (5) Statements that the applicant will at all times keep the goats 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 and grounds for cancellation of the permitand/or the issuance of a citation. Sect 10-497 - Limitations for the Keeping of Goats: (1)Does and Wethers are permitted; Bucks are prohibited. (2)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. The goats may be moved to a separate holding pen at night, which shall be located the maximum distance practicable from residences. (3)Prohibited Fences: Fencing shall not be electrified or of a barbed wire type. (4)No more than seventy five (75) goats are permitted on any single acre of the premises (5)All sites on which goats are kept or maintained shall be kept clean from filth, garbage, and any substances which attract rodents. (6)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. 4 Attachment 3 (7)Goats 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 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 goatsshall 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 goats. Sec 10-499. Term of Permit No property owner or person shall store on a property goats for more than sixty (60) days in any twelve (12) month period starting with the day/date the animals are moved on site. The city may grant a time extension of an additional sixty (60) days provided the property owner gets approval from the city. In such a case, the property owner shall make every effort to adhere to the one-hundred andtwenty (120)day-maximum time limit. Sec.10-500. 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 mailto the person or persons keeping or maintain such goats. 5 Attachment 4 Crop Agriculture in the Urban Environment Introduction Crop production in the context of urban agriculture encompasses a broad spectrum of activities, and distinctions, they are in fact often referring to closely related land use practices. It is important for in this chapter are generally organized from least-intensive land uses to most intensive. They will be addressed in the following order: Front-yard gardening Private gardening on vacant lots Community gardens Market gardens Urban farms Season extenders The code provisions for each are found at the end of the chapter. Figure 5-1. Front-yard Garden; Ames, IA. Photo courtesy of Andrea Vaage 34 Attachment 4 Land Use Activities Front-Yard Gardening Home gardening has been practiced since people have lived in homes! Owners of single-family detached residences have always been able to grow fruits and vegetables in their backyards largely unchallenged by zoning regulations. The increasing popularity of consuming home-grown produce, however, has expanded the backyard garden to the front yard. A homeowner may start front-yard gardening for a variety of reasons. It may simply be a desire to grow more produce. It may be the case that the quality of land on the lot is better in the front yard than in the back yard. Oftentimes, backyards are too shady for gardens and the front yard is the only reasonable location. yard gardening can reduce the intensive fertilization and irrigation needed for a traditional lawn, and also add attractive plots and raised beds as edible landscape elements. Land-Use Concerns The seemingly inconsequential move of the backyard garden to the front yard has given rise to a host of zoning-related issues. Gardening in the front-yard does pose some public risks that are not present in backyard gardening. These concerns involve issues of safety and visibility for both pedestrians on the sidewalk and automobile users in the road, particularly if sweet corn or other tall-standing crops are being plants (Kurutz, 2012). Concerns over the aesthetics of front-yard gardening also are regularly voiced. Manicured lawns are the cultural norm, and produce gardens often appear overgrown and weedy compared to that cultural Figure 5-2. Front-yard Garden; Ames, IA. Photo courtesy of Andrea Vaage 35 Attachment 4 Existing Regulations Survey Most municipalities do not explicitly ban front yard gardening in their zoning code, though language on what is allowed in front yards may inadvertently restrict most typical garden vegetation. In fact, for many adopting proactive enabling language) is all that is needed to allow front-yard gardening. The land use concerns associated with front yard gardening are addressed in various ways. Several communities regulate the size of plants allowed in the front-yard. Kansas City, Missouri does not allow row crops in residential areas. This designation applies to plants that are greater than 24 inches in height and are grain, fruit, or vegetable plants. Edible plants less than 24 inches tall are therefore allowed. garden. Sacramento historically limited front-yard produce gardens to 30 percent of the required setback area, but lifted that cap in 2007. (Barth, 2014). structures, gardens, or other plantings in that area. This is done to allow motorists unobstructed views regulations concerning front yard gardens. Form is also a consideration in order to meet aesthetic standards. In addition to the restrictions noted above, the front-yard fruit and vegetable plantings allowed in Kansas City are regulated in a way that they are an element of landscaping, rather than a garden. Other communities prohibit vining and creeping plants. Private Gardening on Vacant Lots, Community Gardens, Market Farms, Urban Farms In the context of this report, private gardening on vacant lots is meant to refer to the act of raising produce for personal consumption on a vacant lot owned or rented by a private household. Community gardens are shared cultivated spaces typically gardened and managed collectively by a group - either on undeveloped lots or on leased public lands - for private consumption (not for retail sale). Market gardens are similar in scale and location to community gardens, and may be owned by an individual or group. The primary characteristic that distinguishes market gardens from community gardens is that all or a portion the city limits. Urban farms are distinguished from market gardens primarily by the scale of the operations and the variety of products grown or sold, although in many places the terms are synonymous. Private gardening on vacant lots. In many cities, a large number of residential lots have been vacant for years. One way to utilize these lots is to allow the owners to utilize them for gardening. Utilizing vacant lots for cultivation greens neighborhoods and can prevent illegal garbage dumping (Maloney, 2013, pg. 112). Zoning acts as a barrier to gardening on vacant lots when agricultural activities are not allowed as principal permitted uses on lots in residential or commercial zones. Under these codes the garden can only be accessory to a principal permitted structure, such as a house, on the same lot. Thus property owners who own vacant lots and community garden groups are prohibited from putting vacant lots to use to raise gardens. The simple solution employed by many cities, of course, has been to revise their codes to allow for gardening as a principal permitted use on lots in residential or commercial zones. 36 Attachment 4 Figure 5-3. Garden on Vacant Lot; Des Moines, IA. Photo courtesy of Linda Gobberdiel Community gardens and market gardens. Community gardens are a similar solution to a similar set of problems. Allowing groups to cultivate vacant lots in urban areas can increase property values, help build a sense of community, and provide community members with affordable access to food. Many public areas are ideal for community gardens. Allowing on-site sales of all or part of the harvest (market gardens) also generates income for the individuals or group managing and cultivating the land. Figure 5-4. Neighborhood Church Community Garden; Cedar Rapids, IA. Photo courtesy of Andrea Vaage 37 Attachment 4 Urban farms TTTypically larger than market gardens, and include larger-scale production of food-producing or purposes using a variety of horizontal and vertical growing techniques including in-soil, container, hydroponic, and aquaponic growing systems. End products are typically sold on- or off-site at a stand, market, or store . (Hodgson et al, 2011). Most urban farms are privately run by an individual or a group. A common type of urban farm is a Community Supported Agriculture (CSA) farm, where individuals not associated with the operation pay for Figure 5-5. Matthew 25 Urban Farm; Cedar Rapids, IA. Photo courtesy of Neo Mazur Land-Use Concerns All of the obvious attributes of crop agriculture nuisance concerns, aesthetics, security, etc. are relevant to developing land use regulations. Generally speaking, moving along the continuum from gardening on vacant lots, to community and market gardens, to urban farms increases the intensity of the potentially negative attributes of these activities. Each step along the way adds another dimension that must be considered: Community gardens are usually larger than private gardens on vacant lots, and bring additional people and activity to the site. Market gardens bring retail consumers to the site. This adds parking, lighting, and signage issues, and accessory buildings or farm stands where retail trade is conducted. Urban farms are more intense and potentially more complex operations. Operators may wish to use larger equipment (for example, tractors versus walk-behind tillers), chemical pesticides or herbicides, and may wish to include beekeeping, aquaculture or animal agriculture in their businesses. 38 Attachment 4 Existing Regulations Survey While the distinctions among types of crop agriculture set forth above for this report are clear, the local codes are not consistent; nor are the activities allowed and disallowed under each. For example, many cities allow on-site sales at community gardens, while others disallow any retail sales even from operations to which they are applied. A variety of examples are provided below. Rather than take one choices regarding the types of activities to allow and creating regulations that address the fundamental land use concerns associated with those activities: Size of parcel being cultivated Many communities distinguish among types of operations based on the size of the parcel used for production, assuming that the intensity of the operation increases as parcel size increases. While an easy-to-implement bright line, this method only indirectly (and imprecisely) addresses the underlying activities of the operation. Number of individuals involved in the operation In the case of community gardens, market gardens, and urban farms which all have the potential to have many people working the land at the same time, some communities limit the hours that people can be working on-site. Types of accessory structures necessary for the operation Temporary types of season extenders (discussed in detail below) are generally excluded from the calculations of number or square footage of accessory structures allowed on site. Buildings used for retail sales, however, are usually closely controlled. Retail sales When on-site retail sales are allowed, issues of parking, signage, hours of sales, buildings or other structures where transactions occur, ADA compliance, and soil testing are among the many that are addressed in current codes. Types of equipment and chemicals necessary for the operation - Some communities restrict farm equipment to only those used for home use or only small walk-behind equipment, while others only require equipment be kept within a certain noise range. Codes restricting pesticide use usually limit the type of pesticides to those marketed for home use or require those using pesticides for urban agriculture to report the use upon submittal of a management plan. When municipal policies have been adopted to allow gardens on public land, it is important for some activity, and on which public lands. Licensing schemes from Des Moines, Iowa and Hartford, Connecticut are provided. 39 Attachment 4 Figure 5-7. Matthew 25 Urban Farm; Cedar Rapids, IA. Photo courtesy of Neo Mazur 40 Attachment 4 Season Extenders Season extenders refer to any method of protecting crops from the elements in order to extend the length extenders use a covering to protect plants from wind and other elements and to capture sunlight and retain heat. They may be used by homeowners for their own gardens, by community gardeners, or by commercial urban farmers. The types of season extenders are numerous. A plastic tarp that covers individual plants or a row of plants is a season extender, as is a commercial greenhouse complete with heating and ventilation systems. The greatest regulatory challenges are those posed by structures that fall in between these extremes. Cold frame. Cold frames are typically wooden boxes with transparent lids made of glass or plastic garden beds and do not use an active energy source. They are the smallest and least intrusive season extenders. As such, they do not pose regulatory problems and are not further addressed in this chapter. Low Tunnel, Hoophouse and High Tunnel. Low tunnels, hoophouses and high tunnels are light-weight, typically temporary structures. Coverings such as tarps or spun-bonded polyethylene are pulled over be fastened by attaching straps to the sides of raised beds. Low tunnels are small; just large enough to cover the crops being protected. The terms hoophouse and high tunnel are used interchangeably by most; however, sometimes hoophouse is used to refer to a structure that is large enough to walk through, while high tunnel may refer to a structure large enough to drive through. These structures are taken down before winter unless they have solid end walls. None of these structures incorporate active (mechanical) venting. Greenhouse. Greenhouses are large, usually permanent structures that provide the greatest amount of climate control. These structures typically include ventilation and heating systems. Greenhouses come in a variety of materials. Figure 5-8. Matthew 25 Urban Farm; Cedar Rapids, IA. Photo courtesy of Neo Mazur 41 Attachment 4 Land-Use Concerns The primary land use concern with season extenders is the sturdiness of the structures. Will this structure stand up in high winds, or will it become a hazard as it blows down the street and through yards wish to see large plastic tarps covering unknown materials when they look out of their kitchen window. Existing Regulations Survey The regulatory challenges communities seek to address with regard to season extenders are (1) how to determine where they should be allowed to locate, (2) the safety and sturdiness of the design of temporary structures, and (3) the point at which to classify any given season extender as a permanent structure. Other than (1), the other issues are generally addressed through local building codes. treatment in current codes. Broadly speaking, the movement along the continuum from low tunnels to greenhouses increases the level of regulatory attention. The line between hoophouses (generally Hoophouses are often excluded from calculations of maximum site coverage and maximum number of buildings on a lot while greenhouses are treated as any other permanent structure. Many codes pertaining to season extenders, other than cold frames and low tunnels in home gardens, allow them only in areas that already permit agricultural uses such as community and market gardens, or urban farms, or in Urban Agriculture Districts (discussed in a later chapter). Code Language Front-Yard Gardening General Restrictions Kansas City, Missouri \[A home garden is\] a garden maintained by one or more individuals who reside in a dwelling unit located garden may be donated or sold on-site within a reasonable time of its harvest. The sales may only take place during the period of May 15 through October 15. Row crops are not permitted in the front yard of a residentially zoned and occupied property, except which are 24 inches or more in height. Row crops shall not mean cultivated or attended trees, bushes, or shrubbery less than 6 feet in height, or trees in excess of 6 feet in height, and shall not include grain, the side property lines or from the front of the principal building. A home garden is an accessory use to a principal residential use, and must comply with the lot and building standards for its zoning district. On-site sales made in accordance with this section shall not be considered to be commercial activity under this Code, and shall not be subject to the restrictions for home occupations. Any area of land that is cannot be considered to be a Home Garden. (Kansas City, MO §88-312). 42 Attachment 4 North Redington Beach, Florida Front yard gardens. Front yard gardens will be allowed by calendar-year yearly permit upon application to the town clerk and adhering to the following regulations: Gardens shall be no more than 120 square feet; No plants taller than 32 shall be allowed; There shall be no exposed soil (ground between plants must be covered with some other material); No vining plants, tomatoes or corn shall be allowed; If any resident with a front-yard garden receives three violations of these restrictions within one permit year, the permit shall be canceled and the garden removed. (North Redington Beach, FL §30-57(f)). Northbrook, Illinois The guidelines are applicable to all garden areas established in front yards in the Village of Northbrook. The guidelines are applicable to all types of gardens, not just vegetable gardens. All gardens must comply with the existing standards in Sec. 19-57 of the Northbrook Municipal Code that prohibit any change in existing grade that would create drainage or erosion problems. the Municipal Code. In particular, gardens must not cause problems (mud, water, icing, etc.) for nearby public sidewalks. Nothing in the guidelines shall be deemed permission to violate the limitations on the height of grasses for lawn areas established in the Municipal Code. (Northbrook, IL Front Yard Gardening Guidelines). Orlando, Florida Front Yard. At least 40% of the pervious area of the front and street sideyards shall be landscaped with shrubs and groundcovers, or a combination thereof. The remainder may be planted with turfgrass, annuals and vegetable gardens, up to a maximum of 60%. (Orlando, FL §60.223). Gardening on Vacant Lots Community Gardens Detroit, Michigan Urban Garden. food or non-food crops for personal or group use. The products of an urban garden may or may not be for commercial purposes. Urban Farm. food crops for personal or group use . The products of an urban farm may or may not be for commercial purposes. (Detroit, MI §61-16-124). 43 Attachment 4 Kansas City, Missouri Community Garden. An area of land managed and maintained by a group of individuals to grow and A community garden area may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. A community garden may include common areas (e.g., hand tool storage sheds) maintained and used by the group. (Kansas City, MO §88- 312). Chicago, Illinois Community Garden. A neighborhood-based development with the primary purpose of providing space for based organizations that are responsible for maintenance and operations. Processing and storage of plants or plant products are prohibited on site. Gardening tools and supplies may be stored within an accessory building that is in compliance with Section 17-9-0103.5-B of the Municipal Code. (Chicago, IL §17-17-0103-F). El Cajon, California Community Garden means a property used for food crop cultivation by individuals or a collective group of individuals or organizations, which may be divided into multiple individual garden plots. (El Cajon, CA §17.105.020). Long Beach, California Community Garden individuals of a neighborhood (noncommercial activity). (Long Beach, CA §21.15.605). Philadelphia, Pennsylvania Community Garden. An area managed and maintained by a group of individuals to grow and harvest sale that is incidental in nature. A community garden area may be divided into separate garden plots or orchard areas for cultivation by one or more individuals or may be farmed collectively by members of the group. A community garden may include common areas (e.g., hand tool storage sheds) maintained and used by the group. Community gardens may be principal or accessory uses and may be located on a roof or within a building. (Philadelphia, PA §14-601(11)). Austin, Texas City-Supported Community Garden means eligible city land controlled under a license agreement or non- city land controlled under a land control document which is issued a garden permit and located in the city is used by a group of four or more participating gardeners either on separate plots or farmed collectively by the group to grow, produce and harvest food crops for personal or group use, members; 44 Attachment 4 is operated in a manner that includes water conservation, and in the case of eligible city land includes composting, non-polluting, and integrated pest management practices that promote a sustainable garden, and is cultivated solely for the production of organic produce; may include common areas maintained and used by the group for non-food, ornamental crops; is platted as a legal lot or exempted under Section 25-4-3 (Tis platted as a legal lot or exempted under Section 25-4-3 (Tis platted as a legal lot or exempted under Section 25-4-3 (Temporary Exemption from Platting Requirements); and ). Portland, Oregon Market Garden. A site where food is grown to be sold. The food may be sold directly to consumers, restaurants, stores, or other buyers, or at farmers markets. (Portland, OR §33.910.030). Philadelphia, Pennsylvania Market or Community-Supported Farm. An area managed and maintained by an individual or group of not incidental in nature. Market farms may be principal or accessory uses and may be located on a roof or within a building. (Philadelphia, PA §14-601(11)). Harrisonburg, Virginia Business Garden. A home occupation, where areas of a parcel are managed and maintained by individuals residing on the same parcel or adjoining parcels under the same ownership, used to cultivate personal consumption or use. (Harrisonburg, VA §10-3-191). Figure 5-9. Preparing Garden on Vacant Lot; Des Moines, IA. Photo courtesy of Lina Gobberdiel 45 Attachment 4 General Restrictions Fitchburg, Wisconsin Community gardens shall be allowed in all zoning districts subject to the following: cultivation practices on the site. A small storage shed, 100 square feet or less, shall be permitted, but it shall meet the front setback for the respective district, shall be at least four feet from a side or rear lot line and shall not be greater than 15 feet in height. they are permitted) and those structures shall follow the dimensional standards of the zoning district. (Fitchburg, WI §22-6). Safety Harbor, Florida Community gardens are allowed as principle uses by-right in all zoning districts except the Flex Business/ Industrial district in the city of Safety Harbor, Florida subject to the following regulations: No gardening activities may take place between the hours of 9:00 p.m. and 6:00 a.m. The use of hand tools, and domestic gardening tools and equipment is encouraged; the use of small power equipment such as gas-powered tillers and edgers are allowed; however, gas-powered equipment of greater than 10 horsepower is prohibited. The property owner(s) on which the community garden is located shall be responsible for maintaining the property so that it does not become overgrown with weeds, infested by exotic plants or vermin, a source of erosion or stormwater runoff, polluted by fertilizer or pesticide, insecticide, herbicide, or other agricultural-use chemicals, or does not become a public nuisance. The property owner on which the community garden is located shall ensure that the garden complies with all applicable standards as set forth \[in\] the Pinellas County Code of Ordinances. The produce and horticultural plants grown in a community garden shall not be offered for sale on the In cases where a community garden is located within ten (10) feet of a residential structure, screening is required in a manner determined to be acceptable by the Planning and Zoning Director. Community gardening shall not occur in the front yard of a developed lot that is residentially zoned. (Safety Harbor, FL §41.00). 46 Attachment 4 Belding, Michigan Community gardens are allowed as principle uses by-right in all zoning districts in the city of Belding, Michigan subject to the following regulations: Size limitation. A community garden may not be greater than four (4) acres in size. Setback. All garden plots and any permitted structure shall meet the setbacks of the zoning district except as follows: Except in the B-1 district, the setback from any lot line in a residential district shall be no less than The buffer \[set forth in the code\] shall not be required. Permitted structures. Only the following structures will be permitted in a community garden: Greenhouses, storage sheds, shade pavilions, planting preparation sheds and hoophouses; however, hoophouses shall not be permitted in the B-1 district. Height. No building or other structure may be greater than fourteen (14) feet in height. Maximum coverage. The combined area of all buildings, excluding hoophouses, shall not exceed three hundred (300) square feet. Hoophouse coverings must be maintained and kept intact. The coverings must be removed during non-growing seasons. Fences. Fencing shall be subject to \[the fence regulations of the code\] except for the following: In the B-1 district, an opaque six-foot fence on or near the property line or landscaping no less than six (6) feet in height that completely obscures the garden site shall be placed within the garden property along any adjacent residential lot line. Barbed wire shall not be permitted. A fence within the front yard shall not exceed six (6) feet in height. No fence located in a front yard shall be more than sixty (60) percent opaque. Above ground water tanks, or tanks mounted to trailers or skids, provided that no tank shall not have a capacity greater than one thousand (1,000) gallons. Benches, picnic tables, trellises, arbors and garden art. Planting beds raised up to three (3) feet above grade. Compost bins and rain barrel systems, which may not be located within the required setback or within ten (10) feet of a property line, whichever is greater. Walkways. Walkways shall be unpaved and covered with mulch, gravel or other aggregate treated to control dust. 47 Attachment 4 Signs. Each community garden shall have one (1) sign indicating the name of the community garden and the contact information of the principal operator, including the name and current telephone number. The sign may not exceed six (6) square feet in area nor exceed six (6) feet in height. Trash receptacles shall be provided on site and emptied in a timely manner. Parking. Except in the B-1 district, a designated parking area with a minimum of one (1) parking space per each three (3) garden plots (as designated on the approved site plan) shall be provided. Parking areas shall be maintained as a grass area and kept in a dust-free manner. A community garden in the B-1 district is not required to provide off-street parking. Noise. The use or operation of power tools, mechanical equipment or agricultural implements used outdoors in a community garden adjacent to land in a residential zone district is prohibited before 8:00 a.m. and after 8:00 p.m. The use of hand tools and domestic gardening tools is encouraged. Organic gardening is encouraged. Measures shall be implemented to prevent chemical and water runoff onto adjacent properties. Except for sales of plants produced within the community garden, there shall be no retail sales on the site. Use of land in the B-1 \[Community Business\] district. In the B-1 district, a community garden shall be considered a transitional use until a different allowed use can be established on the property. The required land use agreement shall contain a clause that allows for termination of the community garden at the end of the current growing season if a suitable commercial or mixed use allowed in the district is found for the site. (Belding, MI §2.30). Peoria, Illinois Community gardens are permitted as principal uses by-right in all residential districts, and as an accessory use in the C-1 General Commercial district in Peoria, Illinois subject to the following regulations: Purpose. Throughout residential districts in the City of Peoria, there exists vacant lots which must be mowed and otherwise maintained. Community gardens have been found to be a viable use of vacant land for the cultivation of crops by community groups and individuals. The purpose of this ordinance is to ensure that urban garden areas are appropriately located and protected to meet needs for local food production, community health, community education, garden-related job training, environmental enhancement, preservation of green space, and community enjoyment on sites for which urban gardens represent the highest and best use for the community. Size. Community gardens shall be limited to two acres or less. Setbacks. Planting area and accessory structures must meet the applicable residential district setback requirements. Accessory structure. benches, covered trash receptacles, hoop houses limited to three feet in width and three feet in height, one greenhouse (limited to 120 square feet), one seasonal farm stand (limited to 120 square feet), and required for those structures which are temporary and taken down at the end of the season. Hoop houses shall not be placed on the garden site before March 1st of each year and must be taken down by June 1st. Accessory structures and storage buildings may not occupy more than ten percent of the community garden site. 48 Attachment 4 Fences. Fences shall not exceed four feet in height, shall be 50 percent open in design, and shall meet the same required setbacks as the planting area. If the community garden use is abandoned, the fence must be removed. Accessory structure. benches, covered trash receptacles, hoop houses limited to three feet in width and three feet in height, one greenhouse (limited to 120 square feet), one seasonal farm stand (limited to 120 square feet), and required for those structures which are temporary and taken down at the end of the season. Hoop houses shall not be placed on the garden site before March 1st of each year and must be taken down by June 1st. Accessory structures and storage buildings may not occupy more than ten percent of the community garden site. Fences. Fences shall not exceed four feet in height, shall be 50 percent open in design, and shall meet the same required setbacks as the planting area. If the community garden use is abandoned, the fence must be removed. Signage. permitted. The sign face shall be located parallel to the front property line and shall not be located in the Composting. Must be in an enclosed container, limited only to the materials generated on site and must be used on site. Animals or livestock or bees. The keeping of animals, livestock, or bees is prohibited. Maintenance. The garden shall be properly maintained throughout the year with weekly mowing of grassy areas, weekly removal of weeds and grasses from the garden, weekly collection of rotting vegetables and fruit from the garden area, and weekly collection of all garbage and debris deposited on the site. At the end of each growing season annual vegetation shall be cut down to a height of not more than six inches above ground level. (Peoria, IL §3.20). Warrensburg, Missouri Community gardens are permitted as principle uses by-right in all residential districts and in the Neighborhood Business district, and as a conditional use in the Central Business district in Warrensburg, Missouri subject to the following regulations: Purpose and intent. The purpose of the community garden regulations are to ensure that community gardens are appropriately located and protected to meet needs for local food production, community health, community education, environmental enhancement, preservation of green space, and community enjoyment. Accessory uses and structures. The following uses and structures are considered accessory uses and structures to a community garden use: Greenhouses, hoophouses, cold-frames, and similar structures used to extend the growing season. Benches, bike racks, signs, drinking fountains, raised planting beds, trellises, compost bins, picnic tables, fences, garden art, rain barrel systems, walking trails. Tool sheds, equipment sheds, shade pavilions, rest-rooms facilities. Off-street parking areas and sidewalks. 49 Attachment 4 General requirements. Accessory structures shall meet the height and setback requirements of the underlying zoning district in which they are located. Regardless of the underlying zoning district designation, a sign shall be allowed per the requirements of \[the sign provisions of this code pertaining to residential districts: one (1) sign per premises, nonilluminated, limited to four (4) square feet in surface display area\]. Fences shall meet the requirements of \[the fence provisions of the Code\]. The community garden and accessory uses and structures shall meet the \[the site triangle requirements of this code: Nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two (2) feet and eight (8) feet above the street grade at the back of the curb of the intersecting streets, within the triangular area formed by the right-of-way lines and a line connecting them at points ten (10) feet from the point of intersection or at equivalent points on private streets.\] and egress are allowed no closer than two (2) feet from any street right-of-way. All exterior lighting street right-of-way. The hours of operation shall be limited to one-half hour before sunrise until one-half hour after sunset daily. No use shall emit an odor that creates a nuisance per \[the Code\]. The site shall be maintained in accordance with \[the Code\] including maintaining the site free of weeds, grass and poisonous or harmful vegetation to a greater height than twelve (12) inches on the average. All uses shall operate in accordance with the noise standards contained in \[the Code\]. Porta potties or equivalent portable restrooms are allowed for a duration of forty-eight (48) hours at any one (1) time. (Warrensburg, MO §27-243). Bloomington, Indiana Community gardens are allowed as principle uses by-right in all zoning districts in the city of Bloomington, Indiana. When located in a residential district a community garden is subject to the following regulations: Structures utilized for the storage of gardening materials shall be permitted subject to the accessory percent (15%) of the community garden site lot area. On-site storage containers, compost bins, and other material storage areas shall be located in the rear removed from the community garden site at least once a week. 50 Attachment 4 Retail sales shall be prohibited on the community garden site, except for the sale of produce grown in the community garden. Such sales shall be in compliance with \[this code: requires temporary permit, one permit per calendar year, maximum of 60 consecutive days\]. Hours of operation shall be restricted to between 5:00 a.m. and 11:00 p.m. daily. Community Gardens shall adhere to the noise standards in the Bloomington Municipal Code. Cultivated areas shall not encroach onto adjacent properties. The community garden site shall be maintained free of high grass in compliance with the Bloomington Municipal Code. (15,000) square feet. One permanent sign shall be permitted. Such sign shall be limited to four (4) square feet in area per side and four (4) feet in height. (Bloomington, IN §20.05.097). St. Paul, Minnesota The principal use of land for production of food or horticultural crops to be harvested, sold, or donated is allowed by-right, except as noted below, in all residential and business districts in the city of St. Paul, Minnesota. Standards and conditions. Approval of a site plan showing the location of all growing plots, sheds, structures, and fencing, with contact information for a site manager. A soil lead test showing that lead levels are less than one hundred (100) parts per million shall be submitted to the zoning administrator with the site plan or raised planting beds with soil barriers and clean, imported soil will be required. In residential, traditional neighborhood, and business districts, an agriculture use having an area greater than one (1) acre requires a conditional use permit. The use shall be subject to the minimum property maintenance standards and noise regulations of the city. Keeping of any animals other than bees is prohibited, except residents of the property may keep animals, subject to city permit requirements. The use shall be conducted in a manner that controls odor, dust, erosion, lighting, and noise and is in compliance with city standards so as not to create a nuisance. This requirement may be enforced through \[the nuisance provisions of the city code\]. Any tools, equipment, and material shall be stored and concealed within an enclosed, secured structure. When an agriculture use has been discontinued, the property shall be restored with grass or planted ground cover to control erosion, dust, and mud. All structures accessory to the agriculture use shall be removed. This requirement may be enforced through \[the nuisance provisions of the city code\]. 51 Attachment 4 Standards and conditions in residential and traditional neighborhood districts for an agriculture use with an area of less than one (1) acre: On-site sales shall be limited only to products grown on the site. Sales shall be limited to no more than three (3) sales in any calendar year and may take place only between the hours of on property owned, rented, leased, or otherwise lawfully occupied by a charitable, institutional, or political organization. Sales shall not take place on the public sidewalk or boulevard. Gardening equipment shall be limited to that which is commonly used for household gardening. Accessory buildings shall not exceed an area greater than ten (10) percent of the parcel or one thousand (1000) square feet, whichever is greater. Temporary structures, not exceeding one hundred eighty (180) days per year, such as hoophouses, cold frames, and similar structures located above gardening plots and being used to extend the growing season are permitted. A building permit is required for any temporary structure covering an area greater than one hundred twenty (120) square feet. St. Paul, MN §65.771). Cedar Rapids, Iowa Urban agriculture uses are allowed as principle uses by-right in all residential zoning districts in the city of Cedar Rapids, Iowa subject to the following regulations: Intent The purpose of this Section is to provide requirements and conditions relating to the establishment and operation of urban agricultural operations as a primary use. The location of urban agricultural operations in established residential neighborhoods should be carefully Regulations Urban agricultural uses shall be limited to the cultivation of plants and produce. Animal husbandry, livestock, and bees shall not be considered urban agricultural uses. Parcels used for urban agricultural uses shall be situated, equipped, operated and maintained so as to minimize to the maximum extent possible, using the best available methods, any impacts on, or interference with other land uses and activities in the general area, or the public health, safety and Odor control; Debris control; Rodent and pest control; and Secure, enclosed, rodent-proof storage of all seed, fertilizer, and other chemical products used in operations. Only walk-behind mechanical farm equipment shall be used. Pesticides, insecticides, fertilizers and other chemical products used in urban agricultural operations must be designed for household use. Pesticides, insecticides, fertilizers and other chemical products designed for commercial agricultural operations shall not be permitted. 52 Attachment 4 Excess stormwater runoff shall be detained on site in connection with any new construction, development, redevelopment or land use change related to urban agricultural operations. for urban agricultural uses. No fence, wall, vegetation or combination of such items exceeding a height of three (3) feet above ground level shall be erected within the required front yard in any district unless a higher screening is required by \[the city code\]. No encroachments shall be permitted in Corner Visual Clearance Areas required by \[the city code\]. An annual permit shall be required. (Cedar Rapids, IA §32.04.030.A.44). San Francisco, California Large scale agriculture uses are allowed as principle uses by-right in Commercial; Industrial; and Production, Distribution, and Repair districts, and as a conditional use in all other districts in the city of San Francisco, California. Neighborhood agriculture uses are allowed as principle uses by-right in all zoning districts. Large-Scale Urban Agriculture. The use of land for the production of food or horticultural crops to be harvested, sold, or donated that occur: (1) on a plot of land 1 acre or larger or (2) on smaller parcels that cannot meet the physical and operational standards for Neighborhood Agriculture. Neighborhood Agriculture. A use that occupies less than 1 acre for the production of food or horticultural crops to be harvested, sold, or donated and comply with the controls and standards herein. The use includes, but is not limited to, home, kitchen, and roof gardens. Farms that qualify as Neighborhood Agricultural use may include, but are not limited to, community gardens, community-supported agriculture, market gardens, and private farms. Neighborhood Agricultural use may be principal or accessory use. products grown that are used for personal consumption are not regulated. The following physical and operational standards shall apply to Neighborhood Agriculture: Compost areas must be setback at least 3 feet from dwelling units and decks; If the farmed area is enclosed by fencing, the fencing must be: (A) wood fencing, (B) ornamental area that borders a public right-of-way will be covered by plant material or other vegetative screening within three (3) years of the fence installation; Use of mechanized farm equipment is generally prohibited in residential districts; provided, however, that during the initial preparation of the land heavy equipment may be used to prepare the land for agriculture use. Landscaping equipment designed for household use shall be permitted; Farm equipment shall be enclosed or otherwise screened from sight; and 8 p.m.; In all districts, sales, pick-ups, and donations of fresh food and horticultural products grown on- site are permitted. In every district except Residential Districts, value-added products, where the primary ingredients are grown and produced on-site, are permitted. 53 Attachment 4 Water Conservation. Any plot of land that exceeds 1,000 square feet and is newly established for Neighborhood Agriculture or Large-Scale Urban Agriculture use shall comply with the applicable water use requirements of \[the city administrative code\] . (San Francisco, CA §102.35). Harrisonburg, Virginia Business gardens are allowed as a principle use by-right in all residential zoning districts in the city of Harrisonburg, Virginia subject to the following regulations: Business garden: A home occupation, where areas of a parcel are managed and maintained by individuals residing on the same parcel or adjoining parcels under the same ownership, used to cultivate personal consumption or use. Individuals operating business gardens shall apply for a home occupation permit. The residential character of all parcels involved shall be maintained. All transactions shall occur off-site. No on-site advertising is permitted. Apiculture or other animal husbandry is prohibited. Areas shall be maintained in a healthy growing condition, free of refuse, debris, overgrown weeds, and dead or spent plant materials. Such areas are subject to \[the code section addressing \] weeds, etc. on lots. Compost shall be used only to support onsite operations. Area and yard restrictions the area of the parcel involved including areas of multiple, adjacent parcels under the same ownership. Cultivation in accessory structures such as hoophouses, green houses, cold frames, etc., and areas used for exterior activities such as storage, compost and disposal areas shall be included in the allowable area. Activities on or within principal buildings including covered and uncovered porches and decks, enclosed accessory storage structures, upon rooftops, and vertical growth areas are exclusive of the allowable area. unless such areas are enclosed with a wall or fence of at least three (3) feet in height. Accessory structures. Accessory structures shall be governed by section 10-3-114, accessory buildings of this chapter. Storage and screening. Storage of equipment, materials, and compost and disposal areas shall be inside a principal or accessory structure or screened. Abandonment. Business gardens which have ceased permanent operation or been abandoned shall be cleared, all structures removed and the area re-vegetated no more than thirty (30) days after the date of days. (Harrisonburg, VA §10-3-191). 54 Attachment 4 Seattle, Washington Urban farms are permitted as an accessory use in residential zones and as a primary or accessory use in commercial and industrial zones in Seattle, Washington subject to the following regulations: All Urban Farms in Residential Zones. In all residential zones all urban farms are subject to the following provisions: Mechanical equipment. Only mechanical equipment designed for household use may be used. Sales. Retail sales and all other public use of the farm shall begin no earlier than 7:00 a.m. and end by 7:00 p.m. every day of the week. Deliveries. Commercial deliveries and pickups are limited to one per day. On-site sales are not considered commercial pickups. Motor vehicles. No more than two motor vehicles, each with a gross vehicle weight of 10,000 pounds or less, may be used for farm operations. Location. The farm shall be located on the same lot as the principal use to which it is accessory or on a lot where the planting area is within 800 feet of the lot where the principal use is located. Signs. Structures. On a lot with no principal structure: Structures for urban farm use may not exceed 12 feet in height, including any pitched roof. Structures for urban farm use are also subject to the development standards that would apply to an accessory structure in the zone. Urban Farms Requiring Conditional Use Permits in Residential Zones \[those with over 4,000 square feet of planting area\]. Management Plan. The applicant shall provide a proposed urban farm management plan that addresses any probable impacts of the type described in this subsection 23.42.051.B and includes any proposed mitigation measures. The plan shall include, without limitation: a site plan; description of the type of equipment necessary or intended for use in each season and the frequency and duration of anticipated use; disclosure of any intent to spray or otherwise apply agricultural chemicals or pesticides, frequency and duration of application, and the plants, diseases, pests or other purposes they are intended for; disclosure of whether the operation of the farm would involve 750 square feet or more of land-disturbing activity, or would otherwise require drainage approval under Chapter 22.800 et seq.; and a proposed sediment and erosion control plan. Potential Impacts and Mitigation. The Director, in determining whether to approve, approve with conditions or deny the application, shall consider the potential impacts and mitigation, including: 55 Attachment 4 Water Quality and Soils. Impacts of irrigation run-off on adjacent properties, water bodies and environmentally critical areas, and proposed sediment and erosion control measures. Impacts related to the number of staff onsite during work hours, and the number of potential visitors regularly associated with the site. Visual Impacts and Screening. Visual impacts relating to the proposed nature, location, design, and size of proposed features, structures and activities, including the location of composting activities and planting areas, and any existing or proposed screening. Noise and Odor. Impacts related to the location on the lot of the proposed urban farm, any trash or compost storage areas, any farm stand or additional accessory structure, and any other noise-generating or odor-generating equipment and practices. Agricultural Chemicals. Impacts related to the use of chemicals, including any fertilizer and pesticide. Mechanical Equipment. Impacts related to the operation of equipment, including noise, odors, and vibration. Conditions of Approval. Conditions of approval may include, without limitation: measures such as landscaping or fences to mitigate potential visual impacts on adjacent property and public areas; measures such as landscaping, sound barriers or fences, mounding or berming, impacts; and measures related to operation of the urban farm consistent with some or all of the provisions of the urban farm management plan, with any amendments required or permitted by the Director. Odors or Fumes. In all zones, no odors or fumes from an urban farm shall be allowed to escape into the open air in such amounts as to be detrimental to the health of any individuals or the public; or noticeable, discomforting or disagreeable so as to offend the sensibilities of a reasonable individual at a distance of more than 200 feet from an urban farm. (Seattle, WA §23.42.051). Application Requirements Belding, Michigan An application for \[administrative\]\[site plan\] \[special land use\] approval must be submitted to the zoning administrator along with the following documentation: Notarized letter signed by the property owner giving permission for use of property as a community garden. A site plan, drawn to scale, showing the property size with dimensions. The site plan shall show the location of all existing structures on the property as well as on adjacent properties. 56 Attachment 4 The plan shall show the location and setback of all proposed structures and garden plots, including any area or structure proposed for the sale of plants grown on the site. The plan shall show the proposed maximum division of garden plots, by area. The plan shall include proposed fencing and screening, if required. The plan shall indicate the area reserved for parking and the number of parking spaces provided, if required. The plan shall identify the source of water that will be used for irrigation purposes. (Belding, MI §2.30). St. Paul, Minnesota Approval of a site plan showing the location of all growing plots, sheds, structures, and fencing, with contact information for a site manager. A soil lead test showing that lead levels are less than one hundred (100) parts per million shall be submitted to the zoning administrator with the site plan or raised planting beds with soil barriers and clean, imported soil will be required. In residential, traditional neighborhood, and business districts, an agriculture use having an area greater than one (1) acre requires a conditional use permit. The use shall be subject to the minimum property maintenance standards and noise regulations of the city. (St. Paul, MN §65.771). Community Gardens on Public Lands Hartford, Connecticut Municipal garden program. The Parks and Recreation Advisory Commission is hereby empowered to develop and administer a program to encourage the use of vacant public land owned by the City for gardening purposes by the general public. This Commission may: (1) Maintain an inventory of vacant public lands owned by the City; (2) Establish and administer a procedure for selection of persons to use public lands for gardening purposes; and (3) Adopt regulations governing the use of vacant public lands for gardening purposes. charged with the lawful responsibility to manage and control the vacant public land prior to using the property for the municipal garden program. Nothing in this section shall limit the right of the City to enter and take control at any time those public lands being used for the municipal garden program; nor shall these public lands to any and all individuals when the City deems it desirable and in the best interests of the City. program from all suits, claims of liability of each name and nature arising out of or in consequence of the use of public land in the municipal garden program. 57 Attachment 4 The Commission may recommend a schedule of user fees to the Council to cover the administrative maintaining the municipal garden program. (Hartford, CT § 26-15). Des Moines, Iowa all areas of the proposed planting or placement, and shall abide by the terms of such lease, including entities executing a garden lease shall be exempt from the permit requirements of this Code. The garden lease shall be denied if such plantings or placement is likely to create a public danger or city engineer. For purposes of this article, city right-of-way means the surface and space above and below any public Persons or entities desiring to maintain city property that abuts their property or is located on neighboring property shall execute a lease which shall set forth the duties associated with the use of the property. (Des Moines, IA §74-201). Season Extenders Cleveland, Ohio Hoophouse means a structure made of PVC piping or other material covered with translucent plastic, constructed in a half-round or hoop shape. Coldframe means an unheated outdoor structure consisting of a wooden or concrete frame and a top of glass or clear plastic, used for protecting seedlings and plants from the cold. (Cleveland, OH §336). Figure 5-10. Cold Frames; Des Moines, IA. Photo courtesy of Linda Gobberdiel 58 Attachment 4 Wheat Ridge, Colorado the purpose of determining applicability of adopted codes and regulations. by the general public, and that do not contain mechanical or electrical devices, equipment or systems \[are exempt from the building code\]. (Wheat Ridge, CO §5-76). General Restrictions Cleveland, Ohio Accessory uses. Only the following accessory uses and structures shall be permitted in an Urban Garden District: Greenhouses, hoophouses, cold-frames, and similar structures used to extend the growing season. Location. Buildings shall be set back from property lines of a Residential District a minimum distance of Height. Building Coverage. The combined area of all buildings, excluding greenhouses and hoophouses, shall not Cleveland, OH §336). 59 Attachment 4 Figure 5-12. Low Tunnel, Matthew 25 Urban Farm; Cedar Rapids, IA. Photo courtesy of Neo Mazur Belding, Michigan Permitted structures. Only the following structures will be permitted in a community garden: Greenhouses, storage sheds, shade pavilions, planting preparation sheds and hoophouses .. Height. No building or other structure may be greater than fourteen (14) feet in height. Maximum coverage. The combined area of all buildings, excluding hoophouses, shall not exceed three hundred (300) square feet. Hoophouse coverings must be maintained and kept intact. The coverings must be removed during non-growing seasons. (Belding, MI §2.30(D)). Peoria, Illinois the season. Hoophouses shall not be placed on the garden site before March 1st of each year and must be taken down by June 1st. (Peoria, IL §3.20). 60 Attachment 4 Residential Districts Accessory Structures Milwaukee, Wisconsin Principal Building Required. No accessory building shall be located on a lot not containing a principal building, unless the principal use of the lot is for the raising of livestock, a community garden or a commercial farming enterprise. If a principal building on a lot is removed, any accessory building on the lot shall also be removed within 60 days and the premises made compliant with this code . Permitted Structures. The following accessory structures supporting the raising of livestock, a community garden or a commercial farming enterprise shall be permitted: Sheds. Large agricultural structures. Hoop houses. Maximum Number. Not more than one shed and one large agricultural structure may be located on a single lot. The number of hoop houses on a single lot is unlimited. Lot Coverage. The total lot coverage of all sheds, large agricultural structures and hoop houses on a single lot shall not exceed 70% of lot area. The total lot coverage of sheds and large agricultural structures on a single lot shall not exceed 15% of lot area. Setbacks. The minimum front setback, side street setback or rear street setback for a shed, large agricultural structure or hoop house shall be the average plus 5 feet. The minimum side setback or rear setback for a shed, large agricultural structure or hoop house shall be 5 feet. Maximum Height. The maximum height of the sidewall of an agricultural accessory structure shall be 8 feet for a shed, 10 feet for a large agricultural structure and 14 feet for a hoop house. The maximum overall height of an agricultural accessory structure shall be 10 feet for a shed, 14 feet for a hoop house, 14 feet for a large agricultural structure on a vacant lot, and 24 feet or the height of the principal building for a large agricultural structure on a lot containing a principal building. (Milwaukee, WI §295-505-3). 61