HomeMy WebLinkAbout2018-05-21 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
Council Chambers
1830 County Road B East
Monday, May 21, 2018
7:00 p.m.
Council Chambers - Maplewood City Hall
1830 County Road B East
Call to Order
Roll Call
Approval of Agenda
Approval ofMinutes:
April 16, 2018
New Business
NPDES Phase IIand MS4 Permit, 2017SWPPP AnnualReport
Unfinished Business
Urban AgricultureOrdinance Amendments
VisitorPresentations
Commissioner Presentations
Staff Presentations
Waterfest–June 2
Rush Line BRTWorkingGroup
MaplewoodNature CenterPrograms
Adjourn
Agenda Item 4.a.
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
7:00 p.m., Monday,April 16, 2018
Maplewood Fire Station 2, Conference Room
1955 Clarence Street North
1. CALL TO ORDER
A meeting of the Environmental and Natural Resources Commission was called to order at 7:05
p.m.by Chair Ries.
2. ROLL CALL
Keith Buttleman, Commissioner Present
Mollie Miller, Commissioner Absent
Candace Okeson, Commissioner Present
Ann Palzer, Commissioner Absent
Ted Redmond, Vice Chair Present
Ryan Ries, Chairperson Present
Tom Sinn, Commissioner Present
Staff Present
Shann Finwall, Environmental Planner
3. APPROVAL OF AGENDA
Commissioner Redmondmoved to approve the agenda as submitted.
Seconded by CommissionerOkeson. Ayes –All
The motion passed.
4. APPROVAL OF MINUTES
Commissioner Buttleman stated that the “Approval of Minutes” portion of the minutes reflect him
as the Chair, not Chair Ries. The minutes should be corrected as follows: Approval of Minutes
fromChair RiesButtleman.
CommissionerButtlemanmoved to approve the March 19, 2018, Environmental and Natural
Resources Commission meeting minutes as amended.
Seconded by CommissionerSinn. Ayes – All
The motion passed.
5. NEW BUSINESS
a.Greenhouse Gas Emissions fromHousehold Consumption in Maplewood
i.Environmental Planner, Shann Finwall introduced the speakers for the
Greenhouse Gas Emissions from Household Consumption in Maplewood.
ii.Philipp Muessig, Greenstep Coordinator, MPCA, addressed the commission.
iii.Madalyn Cioci, Sustainable Products, MPCA, addressed the commission.
April 16, 2018
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Environmental and Natural Resources Commission MeetingMinutes
iv.Kuishuang Feng, Research Professor, University of Maryland addressed the
commission via Skype.
No action was needed.
b.Wakefield Park Building Solar Panel Proposal
i.Environmental Planner, Shann Finwallintroduced the Wakefield Park Building
Solar Panel Proposal and answered questions of the commission.
ii.Senior Vice President of Business Development with Ideal Energies, 5810 Nicollet
Avenue, Minneapolis, addressed the commission and answered questions
regarding the solar panels.
CommissionerRedmondmoved torecommend approval of the Wakefield Park Building
Solar Panel Proposal on the conditionthat Ideal Energies review and verify the Small
General Service Cashflow with the Environmental Commission –Energy Subcommittee.
Seconded by CommissionerOkeson.Ayes –All
The motion passed.
City staff stated that this item will go before the Parks and Recreation Commission on
Wednesday, April 25, 2018.Prior to that meeting staff will work with Ideal Energies and
the Environmental Commission –Energy Subcommittee to review and verify the Small
General Service Cashflow.
6.UNFINISHED BUSINESS
a.2018 Goal Implementation Plan
i.Environmental Planner, ShannFinwall gave a briefreport on the 2018 Goal
Implementation Plan.
The Environmental Commission chose to focus on the energy and urban agriculture goals
as outlined in the 2040 Comprehensive Plan. To facilitate those goals the Commission
created two subcommittees as follows: Energy Subcommittee –Commissioners Ries,
Redmond, Sinn; Urban Agriculture Subcommittee –Commissioners Okeson, Buttleman,
Palzer. Commissioner Miller will serve as an alternate on both subcommittees. The
Commission will finalize these subcommittees during the May meeting.
7.VISITOR PRESENTATIONS
None present.
8.COMMISSION PRESENTATIONS
None.
9.STAFF PRESENTATIONS
a.Wetland Buffer Variance Process Review–Staff updated the Commission on the
wetland buffer variance process. This question was posed by the Commission during
their review of the wetland buffer variance proposal at 832 McKnight Road South.
b.Update on Urban Agriculture Ordinance Amendments–The urban agriculture
ordinance amendments will be presented to the City Council during a workshop on April
23, Planning Commission on May 15, and City Council on June 11.
April 16, 2018
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Environmental and Natural Resources Commission MeetingMinutes
c.Maplewood Spring Clean Up –April 21, 2018 from 8:00 a.m. to 1:00p.m. at Aldrich
Arena.
d.Maplewood All Parks Clean Up –Maplewood Community Center, Saturday, April 21,
2018, 8:00 a.m. –10:00 a.m.
e.Waterfest –Saturday, June 2, 2018 from 11:00a.m. –4:00p.m. at Phalen Regional Park
Pavilionin St Paul.
f.Maplewood Nature Center Programs–The Commission read Nature Center programs
for the public. For more information contact the Maplewood Nature Center at (651) 249-
2170.
10.ADJOURNMENT
Chair Ries adjourned the meeting at 9:15p.m.
April 16, 2018
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Environmental and Natural Resources Commission MeetingMinutes
Agenda Item 5.a.
MEMORANDUM
TO: Environmental and Natural Resources Commission
FROM: Steven Love, Public Works Director / City Engineer
Shann Finwall, AICP, Environmental Planner
DATE: May 11, 2018
SUBJECT: NPDES Phase II and MS4 Permit, 2017 SWPPP Annual Report
Introduction
Maplewood is required to prepare an annual report detailing the progress made in the previous year toward
satisfying the requirements of this permit. The process includes soliciting public comment on
2017 Storm Water Pollution Prevention Plan (SWPPP) annual report. The Environmental and Natural
Resources Commission will hold a public hearing to allow for public comments on t2017 SWPPP
annual report.
Background
A 1987 amendment to the federal Clean Water Act required implementation of a two-phase comprehensive
national program to address pollution from stormwater runoff. This program was named the National
Pollutant Discharge Elimination System (NPDES). Since 1991, NPDES Phase I regulated cities with
populations of 100,000 or more. NPDES Phase II took effect in 2003, regulating cities with populations of
10,000 or more. Maplewood is among a group of approximately 220 entities in Minnesota listed as a
Municipal Separate Storm Sewer System (MS4) under the NPDES Phase II permit.
The State of Minnesota regulates the disposal of stormwater by a State Disposal System (SDS) permit.
The Minnesota Pollution Control Agency (MPCA) administers both NPDES and SDS permits in Minnesota.
In turn, the MPCA regulates cities and other public entities through its MS4 permit. The City of Maplewood
was issued coverage under the MS4 permit on March 17, 2014.
The MS4 permit application requires the city to develop a SWPPP. The MPCA has established six
minimum control measures (MCM) the SWPPP must address. They are:
MCM 1 - Public Education and Outreach
MCM 2 - Public Participation and Involvement
MCM 3 - Illicit Discharge, Detection and Elimination
MCM 4 - Construction Site Storm Water Runoff Control
MCM 5 - Post-Construction Storm Water Management
MCM 6 - Pollution Prevention and Good Housekeeping
pollution from stormwater runoff for each of the six minimum control measures.
Discussion
is available for public viewing at the Public Works Department front counter and on the
www.maplewoodmn.gov/stormwater.
An advertisement for the public hearing and the plan viewing was posted on May 9 and May 16, 2018 prior
to the public comment period.
will report on progress made toward meeting the MS4 permit goals in 2017. Following the presentation,
the Environmental and Natural Resources Commission will formally open the meeting floor to public
comment.
When all comments have been received, staff will address those comments, incorporate the comments into
the report, and then finalize the report for submittal to the MPCA. No comments had been submitted to the
Public Works Department at the time this report was written.
Recommendation
Staff recommends the Environmental and Natural Resources Commission open the floor to public
2017 SWPPP annual report. No further action is needed. City staff will compile and
address public comments and incorporate them in the final 2017 SWPPP report submittal to the MPCA.
Link
1. Maplewood 2017 SWPPP Annual Report: www.maplewoodmn.gov/stormwater
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Agenda Item 6.a.
ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT
Meeting Date May 21, 2018
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:
Shann Finwall, AICP, Environmental Planner
PRESENTOR:
Shann Finwall, AICP, Environmental Planner
AGENDA ITEM:
Urban Agriculture Ordinance Amendments
ActionRequested:MotionDiscussionPublic Hearing
FormofAction: ResolutionProclamation
OrdinanceContract/Agreement
Policy Issue:
City code requires that the Planning Commission hold a public hearing when considering ordinance
amendments. The Planning Commission held a public hearing for the ordinance amendments on
May 15, 2018. The City Council will make the final decision.
Recommended Motion:
I move to recommend approval of the ordinance resolution. The resolution amends the City’s
codes to remove barriers and promote urban agriculture uses.
Fiscal Impact:
Is There aFiscalImpact?No Yes, the true or estimated cost is $0
Financingsource(s): Adopted Budget BudgetModificationNew Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Infrastructure & Asset Mgmt.
CommunityInclusiveness
Removing barriers to urban agriculture uses by amending the City’s ordinances will give all
residents access to healthy foods.
Background
The goal of the local foods section in the Sustainability Chapter of the 2040 Comprehensive Plan is
to create a healthy, walkable community by providing healthy food options and accessibility for all
people, regardless of income. Several actions are identified to achieve that goal including the
completion of an urban agriculture zoning review to remove barriers and promote local food access
in all zoning districts. The Environmental and Natural Resources Commission completed a zoning
review in December 2017. Based on the review, the ENR Commission is recommending
amendments to the City’s ordinances that will facilitate urban agriculture uses while minimizing
health, safety, and nuisance concerns. The recommendations are separated into three focusareas
including:
1.Animal agriculture (keeping of poultry,etc.)
2.Crop agriculture (community gardens,etc.)
3.Direct to consumer sales (farm stands,etc.)
During the May 21, 2018, ENR Commission meeting, the Commission will have an opportunity to
do the following:
Review the ordinance amendments in theirentirety.
Review feedback received by the Planning Commission during the May 15public
hearing.
Recommend final amendments ifneeded.
Make a final recommendation to the CityCouncil.
Discussion
Animal Agriculture
Types of Urban Animal Agriculture
There are four main types of animal agriculture that could take place in a residential suburban
environment including:
1.Keeping of Poultry –The keeping of poultry such as chickens for egg production, meat,
fertilization of plants, and control of garden pests. Land use concerns include noise, odor,
rodent and pest problems, and potential for the poultry to transmitdiseases.
2.Keeping of Bees –The keeping of honeybees for honey and pollination. The primary land
use concern with beekeeping in urban areas is the potential forstings.
3.Aquaculture and Aquaponics –This includes fish farming and closed-loop systems between
plants and fish for the production and sale of plants and fish. Land use concerns include
poorly maintained systems that could cause odors orattractmosquitoes.
4.Keeping of Goats and Sheep –The keeping of goats and sheep for dairy, wool, meat, and
maintaining plant growth by foraging. Land use concerns include odor, noise, damage to
property, and runawayanimals.
Other forms of animal agriculture require large lots and agricultural zoning, such as raising of pigs.
These types of uses would not be compatible in the City’s suburban environment.
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Proposed Animal Agriculture Ordinance Amendments
1.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 a residential lot with a permit.
Amendments proposed include:
a.Allowing other types of poultry in addition to chickens(i.e., quail andpheasants)
b.Changing the neighborhood consent requirements from 100 percent to a majority
consent for approval of a poultrypermit.
c.Allowing the keeping of poultry on property that is not zoned single family residential
with apermit.
Note: The ENR Commission recommended increasing the number of poultry from ten hens
to a maximum of 30 with a permit, depending on size of lot. Staff is recommending that the
maximum number of poultry remain at ten hens.
2.Beekeeping
Maplewood’s ordinancesare silent on the keeping of bees. The code prohibits the keeping
of animals that pose a nuisance. Insects (bees) are included in the definition of animal, so
the code could be interpreted to allow the keeping of bees as long as they do not pose a
nuisance. Amendments proposed include:
a.Allow beekeeping in any zoning district as a permitteduse.
b.Hive placementrequirements.
3.Aquaculture andAquaponics
Permitted uses in the light and heavy manufacturing zoning district include the
manufacturing, assembly,or processing of food products, except meat, poultry, or fish.
Aquaculture and aquaponics involve the processing of fish and could be interpreted as a
prohibited use in these zoning districts. Amendments proposed include:
a.Amend the M-1 and M-2 Zoning Districts to allow for theseuses.
4.Temporary Keeping of Goats andSheep
Maplewood’s ordinances prohibit the keeping of goats and sheep in most residential zoning
districts. The keeping of goats and sheep is allowed with a conditional use permit on
property zoned Farm Residential. Amendments proposed include:
a.Allow the temporary keeping of goats and sheep (up to 60days) for vegetative
management with apermit.
b.Require a majority neighborhood consent for the temporary keeping of goats and
sheep.
c.Allow up to 75 goats or sheep, depending on size oflot.
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Crop Agriculture
Types of Crop Agriculture
There were four types of crop agriculture reviewed by the ENR Commission including:
1.Community and Market Gardens -These are cultivated spaces typically gardened and
managed by one or more persons –either on undeveloped lots or on leased lands for
private consumption or retailsale.
2.Front Yard Gardening -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.Land use concerns include height of crops andaesthetics.
3.Urban Farms -For-profit agricultural operation. Land use concerns include additional
people and activity to the site, parking, lighting, signage, accessory building, large
equipment, chemical pesticides orherbicides.
4.Season Extenders -Any method of protecting crops from the elements in order to extend
the length of the growing season (hoop house, greenhouse). Land use concerns include
building code issues andaesthetics.
Proposed Crop Agriculture Ordinance Amendments
1.Community and MarketGardens
Maplewood’s ordinances are silent on the use of land for a community or market garden.
Land use concerns include parking, exterior storage, availability of water, etc. There are
existing community gardens in the City. These are located on church, school, City,
townhouse, and business properties. Two were approved through a formal city process
including a conditional use permit and as part of a park master plan. Others were installed
as part of an existing conditional use permit for schools and churches, as an accessory use
for a townhouse development, and as a pre-existing farming use. Proposed amendments
include:
a.Allow community gardens one acre or under as apermitted use in any zoning district
with standards such as setbacks, time limits for sale of produce,etc.
b.Allow community gardens over one acre in any zoning district with a conditional use
permit.
Note: The ENR Commission recommended a staff review for a community garden under
one acre. Staff is recommending that the community gardens under one acre bepermitted
without a staff review as long as it meets the standards outlined in the ordinance
amendment.
2.Front YardGardening
Maplewood’s ordinances do not define where a residential garden can be placed on a lot,
but does restrict the height of tall grasses. Proposed amendments include:
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a.Adding text that make it clear that front yard gardening is a permitted use in all
residential zoningdistricts.
3.UrbanFarms
Maplewood’s codes are silent on urban farms. Proposed amendments include:
a.Allow urban farms on park land if it meets the City’s Park MasterPlan.
b.Allowurbanfarmsonallotherzoningdistrictswithaconditionalusepermit.
4.SeasonExtenders
The existing ordinances adequately address season extenders. Hoop houses and
greenhouses are allowed on residential property as long as the size and location meet the
City’s accessory structure ordinance and a building permit is obtained for structures over
200 square feet. Hoop houses and greenhouses are allowed with design review, conditional
use permit in some cases, and a building permit on commercial property. No ordinance
amendments arerecommended.
Direct to Consumer Sales
Types of Direct to Consumer Sales
Direct to Consumer Sales involves consumers buying agriculture products or prepared foods
directly from farmers or venders. Direct to consumer sales can bring fresh produce into areas
where access to nutritional food is not readily available. Examples of Direct to Consumer Sale uses
include farm stands, farmer’s markets, and food trucks. Land use concerns with these types of
uses include traffic, noise, and parkingissues.
Proposed Direct to Consumer Sales Ordinance Amendments
The City’s ordinances would allow for farms stands, farmer’s markets, and food trucks in the
Business Commercial and Light and Heavy Manufacturing Zoning Districts only for up to four
months with a permit, longer with a conditional use permit. Proposed ordinance amendment:
1.Definedirecttoconsumersalesastheexteriorsaleofagriculturalproductsorprepared
foods directly from farmers or venders toconsumers.
2.Allow direct to consumer sales in all commercial zoning districts for up to four months with
permit.
Note: The ENR Commission recommended direct to consumer sales be allowed for up to six
months to match the state’s growing season. Staff is recommending that the use be limited to four
months as approved by the City Council during the temporary sales ordinance amendment adopted
in 2015. If the City Council decides it is comfortable with extending direct to consumer sales to six
months, staff would recommend extending all temporary exterior sales to six months as well to
ensure ordinances are consistent.
Planning Commission Public Hearing
The Planning Commission held a public hearing for the ordinance amendments on May 15, 2018.
No members of the public were present for the public hearing. The Planning Commission
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recommended approval of a majority of the ordinance amendments. However, some of the
Commissioners had concerns about some of the proposed changes. The concerns are
summarized below and will be discussed with the ENR Commission during the May 21 meeting:
Animal Agriculture
Poultry
o The City should maintain the 100 percent neighborhoodconsent.
o The City should notify more than the adjacent property owners of a poultrypermit.
o The City should require a 6-foot high privacy fence around a poultry coop so the
neighbors cannot see thecoop.
o There should be a limit on the number of poultry coops on onelot.
BeeOrdinance
o The number of hives should be limited to the size of thelot
o The hive setbacks to a public sidewalk should beincreased
Temporary Keeping of Goats andSheep
o On residential property the City should not allow a resident to temporarily keep goats
on their own, only if they hire a goat/sheep herder rental company to do thework.
Aquaculture/AquaponicsOrdinance
o No concerns
CropAgriculture
Community and MarketGardens
o Noconcerns
Front YardGardens
o Limitfrontyardvegetablegardeningtoapercentageofthefrontyardonly.
UrbanFarms
o No concerns
Direct to ConsumerSales
Farm stands, farmer’s markets, foodtrucks
o Noconcerns
Timeline
The schedule for the urban agriculture ordinance amendments are as follows:
April 23, 2018: City Council Workshop#1
May 14, 2018: City CouncilWorkshop
May 15, 2018: Planning Commission (PublicHearing)
May 21, 2018: Environmental and Natural ResourcesCommission
June 11, 2018: CityCouncil
June 20, 2018: Ordinance AmendmentsPublished
Attachments
1.Urban Agriculture ZoningReview
2.Proposed Urban Agriculture OrdinanceAmendments
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Attachment 1
City of Maplewood Urban Agriculture –Zoning Review
Updated March 14, 2018
Background
The Environmental and Natural Resources (ENR) Commission’s Urban Agriculture
Subcommittee is made up of three Commissioners. The Subcommittee reviewed the City’s
ordinances to determine areas where urban agriculture would be allowed or prohibited. In
reviewing the information, the Subcommittee focused on three types of urban agriculture
including animal agriculture (keeping of chickens, etc.), crop agriculture (community gardens,
etc.), and direct to consumer sales (farm stands, etc.). Based on this review the full ENR
Commission is recommending ordinance amendments that will remove barriers and promote
urban agriculture uses.
Ordinance Review
1.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 was rezoned to Single Family Residential District
(R-1).
o Permitted Uses (Section44-71)
Commercial farming or gardening, including the use or storage of associated
equipment.
Commercial greenhouses or nurseries.
Stands for the sale of agricultural products produced on the premises.
o Conditional Uses (Section44-72)
Livestock raising and handling. 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 salablebyproducts.”
A landscape business or any other similar use as an accessory use to
residential property.
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 PermittedUses
Single family homes and accessoryuses.
Section 44-101 includes 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 occupationlicense.
Crop Gardens -Accessory uses include crop gardening. 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. Land
use concerns include height of crops and aesthetics. The City code does not
regulate where a garden can be placed on the lot, except for restrictions on
planting in the boulevard. Sight Obstructions at Intersections (Section. 32-
246): Plant material that is higher than 2 feet, 6 inches is prohibited within
the right-of-way(boulevard).
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 anuisance.
o Conditional Uses (in the R1(R) Zoning DistrictOnly)
Commercial farming or gardening, including the use or storage or associated
equipment when on a property with a singledwelling.
Stands for the sale of agricultural products grown or produced on the
property.
o ProhibitedUses
Raising or handling of livestock and poultry (except chickens as outlined in
ArticleIX).
Accessory buildings without an associated dwelling on the samepremises.
Commercial plant nurseries, commercial greenhouses, farms or any structure
for the sale or display of commercial products when not on a property with a
residentialuse.
) are permitted if the following circumstances take
o Home occupations (Division 2
place for less than 30 days each year, if for more than 30 days each year the use
requires a home occupation permit approved by the CityCouncil:
Employment of anonresident.
Customers or customers’ vehicles on thepremises.
Home Occupations must not:
Have more than one vehicle associated with the home occupation which is
classified as a light commercialvehicle.
Not generate traffic in greater volumes than would normally beexpected in a
residentialneighborhood.
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Have more than one non-resident employee working on thepremises.
Have vehicles associated with the home occupation parked on thestreet.
Example urban agriculture uses that would be allowed for 30 days per year
without a home occupation would include farm stands.
o Uses Allowed with aPermit
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
before the City will issue the permit. The fee for a chicken permit is $75 for
the first year, and $50thereafter.
2.Commercial
Business Commercial/Light and HeavyManufacturing
o Permitted uses in Section 44-511 include the temporary exterior sale of goods,
up to four months per year, pursuant to licensing and permitting requirements in
chapter 14, article vi, chapter 20, article IV and chapter 28, article II. This
language would allow farm stands, food trucks andpush carts, and farmers
markets in the Business Commercial/Light and Heavy Manufacturing District if
the use was limited to fourmonths.
o Conditional uses in Section 44-512 include the exterior storage, display, sale or
distribution of goods or materials. This language wouldallow farm stands, food
trucks and push carts, and farmers markets for longer than four months in the
Business Commercial/Light and Heavy Manufacturing District with a conditional
usepermit.
Shopping CenterDistrict
o Conditional uses in Section 44-597 include the exterior storage, display, sale, or
distribution of goods or materials. This language would allow farm stands, food
trucks and push carts, and farmers markets within the Shopping Center District
with a conditional use permit, regardless of thetimeframe.
Business CommercialModified
o Prohibited uses in Section 44-559 include the exterior storage, display, sale or
distribution of goods or materials. This language would restrict farm stands, food
trucks andpush carts, and farmers markets within the Business Commercial
ModifiedDistrict.
Mixed UseDistrict:
o Prohibited uses in Section 44-680 include the exterior storage, display, saleor
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distribution of goods or materials. This language would restrict farm stands, food
trucks and push carts, and farmers markets within the Mixed Use District.
Light ManufacturingDistrict:
o Permitted uses in Section 44-636 allows manufacturing, assembly or processing
of food products, except meat, poultry or fish. This language would prohibit the
assembly or processing of fish in a facility that uses aquaculture (fish farming) or
aquaponics (fish farming in a closed loop systems that create a relationship
between plants andfood).
Heavy ManufacturingDistrict:
o Permitted uses in Section 44-676 allow manufacturing, assembly or processing
of food products, except meat, poultry or fish. This language would prohibit the
assembly or processing of fish in a facility that uses aquaculture (fish farming) or
aquaponics (fish farming in a closed loop systems that create a relationship
between plants andfood).
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, publicservice, or public building uses.” The
City has interpreted a “community garden” as a public use in the past andauthorized
a 250 plot community garden to be developed on a vacant business commerciallot.
3.Parks and CommunityPreserves
The Maplewood Zoning Code and Comprehensive Plan outline codes and policies that
would allow for food production including edibles, foraging, permaculture, community
gardens, urban farms, etc., as follows:
Open Space and Parks District (Sec. 44. Division 1.): The Open Space and Parks
District section of the zoning code allows for improvements and structures within
open space lands and public parks that are consistent with the Maplewood
Comprehensive Land UsePlan.
2040 Comprehensive (Parks, Trails, and Open Space Chapter Section 3.3.1): The
goals and policies outlined in this chapter include integrating food production in city
parks and preserves including edibles, foraging, permaculture, community gardens,
etc.
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Attachment 2
Proposed Maplewood Urban Agriculture Ordinance Amendments
Updated April 13, 2018
ANIMAL AGRICULTURE
1.BEES
ORDINANCENO.
An Ordinance Allowing the Keeping of Bees
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the animal chapter to allow the keeping of bees as a
permitted use in all zoning districts. (Additions are underlined and deletions are stricken
from the original ordinance.)
Chapter 10 (Animals), Article XI (Bees)
Sec. 10-511. –Purpose
Promote the conservation, health, and diversity of bee pollinators through best practices in the
keeping of bees.
Sec. 10-512. Definitions
Bee means a domestic honeybee of the species Apis mellifera
Beekeeper means a person who is responsible for the keeping of bees on a property.
Beekeeping means the keeping of bees in a hive.
Hive means a structure intended for the housing of a bee colony.
Sec. 10-513. –Beekeeping as an Accessory Use.
Beekeeping is permitted outright (in all zoning districts) as an accessory use.
Sec. 10-514.Nuisances.
Sec. 10-515. -Hive Regulations:
(1)No hive shall be located closer than five (5) feet from any propertyline.
(2)No hive shall be located closer than ten (10) feet from a publicsidewalk.
(3)No hive shall be located closer than twenty-five (25) feet from a principal building on an
adjoininglot.
Proposed Maplewood Urban Agriculture Ordinance Amendments
Updated April 13, 2018
2.GOATS/SHEEP
ORDINANCENO.
An Ordinance Allowing the Temporary Keeping of Goats and Sheep
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Code to allow the temporary
keeping of goatsand sheep in the Single Dwelling zoning district for prescriptive
grazing. (Additions are underlined and deletions are stricken from the original
ordinance.)
Sec. 44-103. Prohibited uses.
The following uses are prohibited in the R-1 Residence district:
(1)The raising or handling of livestock, poultry (except for chickens as outlined in Sections
10-476 through 10-487, Chickens) (except for goats and sheep outlined in Chapter 10,
Article X, Goats and Sheep) or animals causing a nuisance, except for licensedkennels.
(2)Accessory buildings without an associated dwelling on the samepremises.
(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 residentialuse.
Section 2. This section amends the Maplewood Zoning Code to allow the temporary
keeping of goats and sheep in the Rural Conservation Dwelling zoning district.
(Additions are underlined and deletions are stricken from the original ordinance.)
Sec. 44-118.Uses.
(3)Prohibited uses. The city prohibits the following uses in the R-1R zoningdistrict:
(b)The raising or handling of livestock, poultry (except for chickens asoutlinedin
Sections 10-476 through 10-487, Chickens) (except for goats and sheep outlined
in Chapter 10, Article X, Goats and Sheep) or animals causing a nuisance,
except for licensedkennels.
Section 3. This section amends the Maplewood Zoning Code to allow the temporary
keeping of goats and sheep in the Small-Lot Single-Dwelling zoning district. (Additions
are underlined and deletions are stricken from the original ordinance.)
Sec. 44-192.Uses.
(b)Prohibiteduses.
(1)Accessory buildings without an associated dwelling on the samepremises.
(2)The raising or handling of livestock, poultry (except for chickens as outlined in
Sections 10-476 through 10-487, Chickens) (except for goats and sheepoutlined
in Chapter 10, Article X, Goats and Sheep) or animals causing a nuisance,
except for licensedkennels.
(3)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.
Section 4. This section amends the animal chapter to allow the temporary keeping of
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goats and sheep in all zoning districts with a permit. (Additions areunderlinedand
deletions are stricken from the original ordinance.)
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Chapter 10 (Animals), Article X (Goats and Sheep)
Sec. 10-492.Purpose.
It is the purpose of this ordinance to permit the keeping and maintenance of goats and sheep
brought in temporarily for the purpose of vegetation management.
Sec. 10-493. Definitions
Buck means a male goat.
Doe means a female goat.
Goat means an animal inthe subspecies of Capra Aegagrus Hircus.
Grazing means goats or sheep eating vegetation.
Officer means any person designated by the City Manager as an enforcement officer.
Ram means a male sheep.
Sheep means ananimal in the subspecies of Ovis Aries
Wethers means a castrated buck.
Sec. 10-494. Permitted Use.
The City allows the temporary keeping of goats and sheep in all zoning districts for vegetation
management with a permit issued by the City Clerk.
Sec. 10-495. Permit Required.
(1)No person shall stable, keep, or permit any goats or sheep 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 or sheep after the applicant has met all requirements contained in this
ordinance.
(2)The Officer shall grant a permit for the temporary keeping of goats or sheep after the
property owner has obtained the written consent of a majority (over 50 percent) of the
property owners of privately or publicly owned real estate that are located adjacent(i.e.,
sharing property lines) on the outer boundaries of the premises for which the permit is
being requested, or in the alternative, proof that the applicant’s property lines are one
hundred fifty (150) feet or more from any house orbusiness.
(3)Where an adjacent property consists of a multiple dwelling or multi-tenant property, the
applicant need obtain only the written consent of the owner, manager, or other person in
charge of the building. Such written consent shall be required on the initial application
and as often thereafter as the officer deemsnecessary.
Sec. 10-496.Application.
Any person desiring a permit required under the provisions of this ordinance shall make written
application to the City Clerk upon a form prescribed by and containing such information as
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required by the City Clerk and officer. Among other things, the application shallcontainthe
followinginformation:
Proposed Maplewood Urban Agriculture Ordinance Amendments
Updated April 13, 2018
(1)A description of the real property upon which it is desired to keep goats orsheep.
(2)The breed and number of goats or sheep to be maintained on thepremises.
(3)The timeframe for grazing at theproperty.
(4)A site plan of the property showing the location and size of the proposed grazing area.
Grazing must follow the wetlandordinance.
(5)List of person(s) managing and monitoring the goats andsheep.
(6)Statements that the applicant will at all times keep the goats and sheep in accordance
with all of the conditions prescribed by the officer, or modification thereof, and that failure
to obey such conditions will constitute a violation of the provisions of this ordinance and
grounds for cancellation of the permit and/or the issuance of a citation to theapplicant.
Sect 10-497. Limitations for the Keeping of Goats and Sheep:
(1)Permitted and Prohibited Goats and Sheep: Does and Wethers are permitted; Bucks
and Rams areprohibited.
(2)Fences: Every owner, keeper, custodian, or harborer of goats or sheep shall erect
and/or maintain a fence, as described in this ordinance and the fence ordinance found in
Section 12-3, to contain and confine all goats and sheep kept or maintained on the
premises. The fence shall be at least five (5) feet in height and the meshing shall be of a
size to contain the goats and sheep. The goats and sheep maybe moved to a separate
holding pen at night, which shall be located the maximum distance practicable from
residences.
(3)Number of Goats or Sheep Allowed: Up to four (4) goats or sheep on parcels that are
ten thousand (10,000) square feet in area or less, with one (1) additional goat orsheep
per every one thousand (1,000) square feet of lot area over ten thousand (10,000)
square feet, to a maximum of seventy-five (75) goats or sheep perparcel.
(4)Maintenance: All sites on which goats or sheep are kept or maintained shall be kept
clean from filth, garbage, and any substances which attractrodents.
(5)Odor: The site shall be cleaned frequently enough to control odor. Manure shall not be
allowed to accumulate in a way that causes an unsanitary condition or causes odors
detectible on another property. Failure to comply with these conditions may result in the
City revoking the permit and requiring the removal of the goats or sheep from the
premises.
(6)Nuisance: Goats or sheep shall not be kept in such a manner as to constitute a
nuisance to the occupants of adjacentproperty.
Sec. 10-498.Violations.
(1)Any person violating this ordinance shall be deemed guilty of a misdemeanor and upon
conviction, shall be punished in accordance with Section1-15.
(2)If any person is found guilty by a court for violation of this ordinance, their permit to
temporarily keep goats or sheep shall be deemed automatically revoked and no new
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permit may be issued for a period of one(1)year.
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(3)Any person violating any conditions of this permit shall reimburse the city for all costs
borne by the city to enforce the conditions of the permit including but not limited to the
pickup and impounding of goats andsheep.
Sec 10-499. Term of Permit
No property owner or person shall store on a property goats or sheep for more than sixty (60)
days in any twelve (12) month period starting with the date the animals are moved on the
parcel. The city may grant a time extension of an additional sixty (60) days provided the
property owner gets approval from the city.
Sec. 10-500. Application Fees.
The application fee for a goat or sheep permit under this ordinance shall be set by the city
council, by resolution, from time to time.
Sec.10-501. 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 orrevocation shall be
effective after ten (10) days following the mailing of written notice thereof by certified mail to
the person or persons keeping or maintain such goats or sheep.
Sec. 10-502–10-510 –Reserved.
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3.POULTRY
ORDINANCENO.
An Ordinance Allowing the Keeping of Poultry in
All Zoning Districts
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Code to amend definitions for
livestock and poultry. (Additions are underlined and deletions are stricken from the
original ordinance.)
Sec. 44-6.Definitions.
Livestock means 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 of poultry.animals addressed
by chapter 10.
Poultry means domesticated birds in the order of Galliformes (excluding the genus Meleagris)
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.
Section 2. This section amends the Maplewood Zoning Code to allow the keeping of
poultry in the Single Dwelling Residential zoning districts with a permit. (Additions are
underlined and deletions are stricken from the original ordinance.)
Sec. 44-103. Prohibited uses.
The following uses areprohibited 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 withoutan associated dwelling on the samepremises.
(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 residentialuse.
*Note: Change this section if the temporary keeping of goat/sheep ordinance is approved.
Section 3. This section amends the Maplewood Zoning Code to allow the keeping of
poultry in the Rural Residential zoning districts with a permit. (Additions are underlined
and deletions are stricken from the original ordinance.)
Sec. 44-118. -Uses.
(3)Prohibited uses. The city prohibits the following uses in the R-1R zoningdistrict:
(b)The raising or handling of livestock, poultry (except for chickens asoutlinedin
Sections 10-476 through 10-487, Chickens) or animals causing a nuisance,
except for licensedkennels.*
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*Note: Change this if the temporary keeping of goat/sheep ordinance is approved.
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Section 4. This section amends the Maplewood Zoning Code to allow the keeping of
poultry in the Small-Lot Single-Dwelling zoning districts with a permit. (Additions are
underlined and deletions are stricken from the original ordinance.)
Sec. 44-192.Uses.
(b)Prohibiteduses.
(1)Accessory buildings without an associated dwelling on the samepremises.
(2)The raising or handling of livestock, poultry or animals causing a nuisance,
except for licensedkennels.
(3)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.
Section 5. This section adds language to the city’s Animal Ordinance (Chapter 10) to
address the permitting requirements for poultry in all zoning 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 poultrychicken growth when supplemental heat must be provided,
due to the bird’s inability to generate enough body heat.
Coop means the structure for the keepingor housing of poultrychickens permitted 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 (excluding the genus Meleagris)
that serve as a source of eggs or meat.
Rooster means a male domesticated bird in the order of Galliformes.
Run means a fully enclosed and covered area attached to a coop where the poultrychickens
can roam unsupervised.
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Sec. 10-477.Purpose.
It is recognized that the ability to cultivate one’s own food is a sustainable activity that can also
be a rewarding past time. Therefore, it is the purpose and intent of this ordinance to permit the
keeping and maintenance of poultryhens for 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.
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:
(a)Keeping of poultry is allowed in all zoning districts with apermit.
(ba)Number of Poultry:Up to ten (10) poultry on any lot. 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.
(cb)Roosters: Roosters areprohibited.
(dc)Slaughtering: Slaughtering of poultrychickens on the property isprohibited.
(d)Leg banding of all chickens is required. The bands must identify the owner and the
owner’s address and telephonenumber.
(e)Coop Standards: A separate coop is required to house the poultrychickens. Coops
must be constructed and maintained to meet the following minimumstandards:
(1)Located in the rear or sideyard.
(2)Setback at least five (5) feet from the rear or side propertylines.
(3)Interior floor space –four (4) square feet perbird.
(4)Interior height –six (6) feet adequate room to allow access for cleaning and
maintenance.
(5)Doors –one (1) standard door to allow humans to access the coop and one (1)
for birds (if above ground level, must also provide a stableramp).
(6)Windows –one (1) square foot window per ten (10) square feet floor space.
Windows must be able to open forventilation.
(7)Climate control –adequate ventilation and/or insulation to maintain the coop
temperature between 32 –85 degreesFarenheit.
(8)Nest boxes –one (1) box per every three (3)birdshens.
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(9)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 thefloor.
(10)Rodent proof –coop construction and materials must be adequate toprevent
access byrodents.
(11)Coops shall be constructed and maintained in a workmanlikemanner.
(f)Poultry Run: A run or exercise yard isrequired.
(1)Runs must be constructed and maintained tomeet the following minimum
standards:
a)Location: rear or sideyard.
b)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
poultryhens can access the space beneath, that area may count as a
portion of the minimum runfootprint.
c)Height: Adequate roomSix (6) feet in height to allow access for cleaning
andmaintenance.
1)Gate: One gate to allow human access to therun.
2)Cover: Adequate to keep poultryhens in and predatorsout.
3)Substrate: Composed of material that can be easily raked or
regularly replacedto reduce odor andflies.
(2)Exercise Yards: Exercise yards must be fenced and arerequired if the run
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
birdchicken.
(g)Prohibited Storage ofPoultry:
(1)PoultryChickens must not be housed in a residential house or commercial
building attached or detached garage, except for brooding purposesonly.
(2)Poultry must not be housed in an attached or detached garage, except for
brooding purposesonly.
(h)Unsanitary Conditions: All premises on which poultryhens are kept or maintained shall
be keptclean from filth, garbage, and any substances which attract rodents. The coop
and its surrounding must be cleaned frequently enough to control odor. Manure shall
not be allowed to accumulate in a way that causes an unsanitary condition or causes
odors detectible on another property. Failure to comply with these conditions may result
in the officer removing poultrychickens from the premises and/or revoking a
poultrychickenpermit.
(i)Food Storage: All grain and food stored for the use of the poultryhens ona premise with
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apoultrychicken permit shall be kept in a rodentproofcontainer.
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(j)Nuisances: PoultryHens shall not be kept in such a manner as to constitute a nuisance
to the occupants of adjacentproperty.
(k)Disposal: Dead poultrychickens must be disposed of according to the Minnesota Board
of Animal Health rules which require poultrychicken carcasses to be disposed of assoon
as possible after death, usually within forty-eight (48) to seventy-two (72) hours. Legal
forms of poultrychicken carcass disposal include burial, off-site incineration or rendering,
orcomposting.
Sec. 10-480. Permit required.
(1)Permitrequired.
The officer shall grant a permit for poultrychickens after the applicant has
obtainedsought the written consent of a majority (over 50 percent)one hundred (100)
percent of the owners or occupants of privately or publicly owned real estate that are
located adjacent (i.e., sharing property lines) on the outer boundaries of the premises for
which the 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 orbusiness.
Where an adjacent property consists of a multiple dwelling or multi-tenant property, the
applicant need obtain only the written consent of the owner or manager, or other person
in charge of the building. Such written consent shall be required on the initial application
and as often thereafter as the officer deems necessary.
Sec. 10-481.Application.
(2)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:
(a1)A description of the real property upon which it is desired tokeepthe
poultrychickens.
(b2)The genusbreed and number of poultrychickens to be maintainedonthe
premises.
(c3)A site plan of the property showing the location and size oftheproposed
poultrychicken coop and run, setbacks from the poultrychicken coop 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
poultrychickens in a run or exercise area. Portable coops and cages are
allowed, but portable locations must be included with the siteplan.
(d4)Statements that the applicant will at all times keep thepoultrychickensin
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 thepermit.
(e5)Such other and further information as may be required by theofficer.
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Sec. 10-482. Permitconditions.
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Updated April 13, 2018
(3)Permitconditions.
(1)If granted, the permit shall be issued by the city clerk and officer and shallstatethe
conditions, if any, imposed for the keeping of poultrychickens under 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, orannoyance, or to protect the
public health and safety. Such permit may be modified from time to time or revoked by
the officer for failure to conform to such restrictions, limitations, prohibitions. Such
modification or revocation shall be effective after ten (10) days following the mailing of
written notice thereof by certified mail to the person or persons keeping or maintain such
poultrychickens.
Sec. 10-483.Violations.
(4)Violations.
(a1)Any person violating any of the sections of this ordinance shall bedeemedguilty
of a misdemeanor and upon conviction, shall be punished in accordance with
section1-15.
(b2)If any person is found guilty by a court for violation of this section, theirpermitto
own, keep, harbor, or have custody of poultrychickens shall be deemed
automatically revoked and no new permit may be issued for a period of one (1)
year.
(c3)Any person violating any conditions of this permit shall reimburse the cityfor all
costs borne by the city to enforce the conditions of the permit including but not
limited to the pickup and impounding ofpoultrychickens.
Sec. 10-484. Required; exceptions.
(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. Fees; issuance.
(6)Fees;issuance.
For each poultry permitresidential site the fee for a permit is as may be imposed, set,
established and fixed by the City Council, by resolution, from time to time.
Sec. 10-486.Term.
(7)Term.
Permits issued under this division shall have a duration period of twooneyears. The first
two years of a permit shall require an annual inspection after year one. The expiration
date of such permit is as may be imposed, set, established and fixed by the city clerk,
from time to time. A permit renewal application shall be filed withthe office of the city
clerk prior to the expiration date.
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Sec.10-487. Revocation.
Proposed Maplewood Urban Agriculture Ordinance Amendments
Updated April 13, 2018
(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. 10-481–10-491. Reserved.
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4.AQUAPONICS/AQUACULTURE
ORDINANCENO.
An Ordinance Allowing Aquaponics and Aquaculture in the Light and Heavy
Manufacturing Zoning Districts
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the zoning code to add definitions for aquaculture and
aquaponics. (Additions are underlined and deletions are stricken from the original
ordinance.)
Sec. 44-6. Definitions
Aquaculture means 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 means 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.
Section 2. This section amends the Light Manufacturing (M-1) and Heavy Manufacturing
(M-2) zoning districts to allow for aquaponics and aquaculture as a permitted use.
(Additions are underlined and deletions are stricken from the original ordinance.)
Sec. 44-636. Permitted Uses
The city shall permit the following uses by right in the M-1 light manufacturing district:
(6)Manufacturing, assembly or processingof:
(d)Food products, except meat, poultry or fish (excluding theassemblyor
processing of fish associated with aquaponics or aquacultureoperations).
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CROP AGRICULTURE
1.COMMUNITY AND MARKETGARDENS
ORDINANCENO.
An Ordinance Allowing Community and Market Gardens
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section creates a new ordinance to allow for community and market
gardens of one acre or less as a permitted use and over one acre as a conditional use in
all zoning districts. (Additions are underlined and deletions are stricken from the original
ordinance.)
Chapter 18, Article V, Division 9 (Community and Market Gardens)
Sec. 18-610. –Definitions.
A Community and Market Garden are cultivated spaces typically gardened and managed by
one or more persons –either on undeveloped lots or on leased lands for private consumption or
retailsale.
Sec. 18-611. Community and Market Gardens Under One Acre in Size.
(a)Allowed in any zoning district with the followingstandards:
(1)Maintain a 5-foot setback to all propertylines.
(2)On-site sales shall be limited only to products grown on the site with thefollowing
requirements:
1)Sales shall be limited to no more than thirty (30) calendar days ayear.
2)Sales shall only take place between the hours of 7am –7pm.
3)Sales shall not take place on the public sidewalk orboulevard.
(3)Soil tests showing that lead levels are less than one hundred parts per million
(100ppm), or raised planting beds with soil barriers and clean, imported soilwill
berequired.
(4)Community or market garden accessory structures are allowed including
greenhouses and hoop houses. A building permit is required for structures larger
than 200 square feet inarea.
(5)Subject to minimum property maintenance standards as outlined inMaplewood
Cityordinances.
(6)Abide by noise regulations as outlined in Maplewood Cityordinances.
(7)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 anuisance.
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(8)Any tools, equipment, and material shall be stored and concealed withinan
Proposed Maplewood Urban Agriculture Ordinance Amendments
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enclosed, secure structure.
(b)When a community or market garden has beendiscontinued:
(1)The property shall be restored with native plantings; or at a minimum grass and
ground cover to control erosion, dust, andmud.
(2)All structures accessory to the community or market garden shall beremoved.
Sec. 18-612. Community or Market Gardens Over One Acre in Size.
Allowed with a conditional use permit pursuant to 44-1092.
Section 2. This section amends the Maplewood Zoning Code to add a definition for
community and market gardens. (Additions are underlined and deletions are stricken
from the original ordinance.)
Chapter 44 (Zoning), Article I (In General)
Sec. 44-6.Definitions.
Community and Market Garden are cultivated spaces typically gardened and managed by one
or more persons –either on undeveloped lots or on leased lands for private consumption or
retail sale.
Section 3. This section amends the Maplewood Zoning Codeto allow for community and
market gardens over one acre with a conditional use permit in any zoning district.
(Additions are underlined and deletions are stricken from the original ordinance.)
Sec. 44-1092. –Conditional uses.
The city council may issueconditional use permits for the following uses in any zoning district in
which they are not specifically prohibited:
(8)Community and Market Gardens Over One Acre inSize
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2.FRONT YARDGARDENING/PERMACULTURE
ORDINANCENO.
An Ordinance Allowing Front Yard Gardening and Permaculture
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Code to allow for front yard
gardening and permaculture as a permitted use in all residential zoning districts.
(Additions are underlined and deletions are stricken from the original ordinance.)
Sec 44-6. –Definitions.
Home garden is a garden within a residential property.
Sec. 44-101. –Permitted uses.
The only uses permitted in the R-1 residence district are as follows:
1.One single-family dwelling and its accessory buildings and uses on each lot....
6.Homegarden.
Section 44-103. –Prohibited uses.
The following uses are prohibited in the R-1 residence district:
2.Accessory buildings without an associated dwelling on the same premises, exceptfor
accessory buildings approved as part of a community or marketgarden.
Section 2. This section amends the rental housing maintenance code to add clarifying
language that identifies that permaculture is allowed as a permitted use in all residential
zoning districts. (Additions are underlined and deletions are stricken from the original
ordinance.)
Sec. 12-99. –Yards.
(d)Removal of noxious weeds. The yard shall be free from noxious weedsandtall
nonnative turf grass as required in section18-31(8).
(h)Yards and landscaped areas. The owner shall maintain all yards andlandscapingand
replace all damaged or dead plants required by the city. If a yard is landscaped with tall
native grasses, a five (5) foot wide manicured buffer of mowed grass or other shorter
plants will be required around the perimeter of the yard that is adjacent otherproperties
with manicuredlawns.
Section 3. This section amends the owner-occupied housing maintenance code to add
clarifying language that identifies that permaculture is a permitted use in all residential
zoning districts. (Additions are underlined anddeletions are stricken from the original
ordinance.)
Sec. 12-147–Exterior property areas.
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(b)Removal of noxious weeds and pests. All exterior property areas shall be kept free from
noxious weeds and tall nonnative turf grass species of weeds or plant growth, rodents,
vermin or other pests which are noxious or detrimental to the publichealth.
Section 4. This section amends the nuisance code to add clarifying language that
identifies that permaculture is not a nuisance. (Additions are underlined and deletions
are stricken from the original ordinance.)
Sec. 18-31. –Nuisances affecting health, safety, comfort or repose.
The following are hereby declared to be public nuisances affecting health, safety, comfort or
repose:
(8)All noxious weeds. Noxious weeds shall be as defined by the state department of
agriculture. Tall nonnative turf grasses and other rank growths that are adversely
affecting the public health, safety, welfare, comfort or repose shall also be considered a
public nuisance. Wetlands and public open space such as parks, nature center or
county open space, are exempted from the tall nonnative turf grass part of this
subsection. The noxious weed requirements shall apply. The environmental health
officer shall interpret and enforce this subsection, subject to an appeal to the citycouncil.
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Proposed Maplewood Urban Agriculture Ordinance Amendments
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3.URBANFARMS
ORDINANCENO.
An Ordinance Allowing Urban Farms
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Code to define urban farms.
(Additions are underlined and deletions are stricken from the original ordinance.)
Sec. 44-6. –Definitions.
Urban farms means large-scale gardening in an urban environment for training or production.
Section 2. This section amends the Conditional Use Permit ordinance to allow urban
farms with a conditional use permit in any zoning district.
Sec. 44-1092. –Conditional uses.
The city council may issue conditional use permits for the following uses in any zoning district in
which they are not specifically prohibited:
(9)UrbanFarms
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Proposed Maplewood Urban Agriculture Ordinance Amendments
Updated April 13, 2018
4.DIRECT TO CONSUMERSALES
Section 1. This section amends the Maplewood Zoning Code to define direct to
consumer sales and exterior sale of goods. (Additions are underlined and deletions are
stricken from the original ordinance.)
Sec. 44-6. –Definitions.
Direct to consumer sales means the sale of agricultural products or prepared foods directly from
farmers or venders to consumers including, but not limited to, community supported agriculture,
farm stands, farmer’s markets.
Exterior sale of goods means the exterior storage, display, sale, or distribution of goods or
materials, but not including a junkyard, salvage automobile, or other wrecking yard, and direct to
consumer sales.
Section 2. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Neighborhood Commercial zoning district as an accessory use. (Additions
are underlined and deletions are stricken from the original ordinance.)
Sec. 44-428. –Accessory uses.
(3)Direct to consumer sales, up to four (4) months per year, pursuant tolicensingand
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
articleII.
Section 3. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Commercial Office zoning district. (Additions are underlined and deletions
are stricken from the original ordinance.)
Sec. 44-472. –Permitted uses.
(7)Direct to consumer sales, up to four (4) months per year, pursuant tolicensingand
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
articleII.
Section 4. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Business Commercial zoning district. (Additions are underlined and
deletions are stricken from the original ordinance.)
Sec. 44-511. –Permitted uses.
The city shall only permit the following uses in a BC business commercial district:
(19)Direct to consumer sales, up to four (4) months per year, pursuant tolicensingand
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
articleII.
Section 5. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Limited Business Commercial zoning district. (Additions are underlined and
deletions are stricken from the original ordinance.)
Sec. 44-536. –Permitted uses.
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Proposed Maplewood Urban Agriculture Ordinance Amendments
Updated April 13, 2018
(c)Direct to consumer sales, up to four (4) months per year, pursuant to licensing and
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
articleII.
Section 6. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Business Commercial Modified zoning district. (Additions are underlined
and deletions are stricken from the original ordinance.)
Sec. 44-557. –Permitted uses.
(11)Direct to consumer sales, up to four (4) months per year, pursuant tolicensingand
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
articleII.
Sec. 44-559. -Prohibited uses.
Prohibited uses in the BC(M) business commercial district (modified) are as follows:
(3)The exterior storage, display, sale, or distribution of equipment, goods, ormaterials,
except direct to consumersales.
Section 7. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Shopping Center zoning district. (Additions are underlined and deletions are
stricken from the original ordinance.)
Sec. 44-596. –Permitted uses.
(13)Direct to consumer sales, up to four (4) months per year, pursuant tolicensingand
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
articleII.
Section 8. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Mixed Use zoningdistrict. (Additions are underlined and deletions are
stricken from the original ordinance.)
Sec. 44-680. -Uses.
Type of UsesPermitted (P)
Conditional Use Permit (CUP)
Prohibited (P)
Exterior storage, display, sale or distribution of goodsormaterials.P*PR
Direct to consumer sales, up to four (4) monthsperyear.P
*Pursuant to licensing and permitting requirements in chapter 14, article VI, chapter 20, article IV and
chapter 28, article II.
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