HomeMy WebLinkAboutNo 913 Allowing the Keeping of Chickens in Single Dwelling Residential Districts
ORDINANCE NO. 913
An Ordinance Allowing the Keeping of Chickens in
Single Dwelling Residential Districts
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Code to allow the keeping of
chickens in single dwelling residential districts (except for the R-1S, Small Lot Single
Dwelling Residential District).
Chapter 44 (Zoning), Article II (District Regulations), Division 3 (R-1 Residence District)
Sec. 44-6. Definitions.
Poultry means domesticated birds 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.
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.
Section 2. This section amends the Maplewood Zoning Code to add clarifying language
to the R-1S (Small Lot Single Dwelling Residential District) and R-1R (Rural Single
Dwelling Residential Conservation District).
There are five single dwelling residential districts in the City as follows: R-1, R-1S, RE-
30,000, RE 40,000, and R-1R. The R-1 district lists the specific uses. Two other single
dwelling residential districts (RE-30,000 and RE 40,000) refer to the R-1 district for
permitted and prohibited uses. Clarifying language is needed in the R-1S and R-1R
districts to ensure the permitted and prohibited uses are carried over from the R-1
district as well (except for raising of chickens in the R-1S district).
Chapter 44 (Zoning), Article II (District Regulations), Division 5 (R-1S Small-lot Single
Dwelling Residential 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.
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(b) The raising or handling of livestock, poultry or animals causing a
nuisance, except for licensed kennels.
(c) Because of small lot sizes in the R-1S district, the keeping of chickens as
outlined in Sections 10-476 through 10-487, Chickens, is prohibited in the
R-1S district.
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.
Section 3. This section adds language to the city’s Animal Ordinance (Chapter 10) to
address the permitting requirements for chickens in single dwelling residential districts
(except the R-1S district):
Chapter 10 (Animals), Article IX (Chickens)
Sec. 10-476. Definitions.
Brooding means the period of chicken growth when supplemental heat must be
provided, due to the bird’s inability to generate enough body heat.
Chicken means a domesticated bird that serves as a source of eggs or meat.
Coop means the structure for the keeping or housing of chickens 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.
Rooster means a male chicken.
Run means a fully enclosed and covered area attached to a coop where the chickens
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 hens 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 each single dwelling residential unit, except the R-1S district
where the keeping of chickens is prohibited:
(1) 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 are prohibited.
(3) Slaughtering of chickens on 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.
(5) A separate coop is required to house the chickens. 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) feet to allow access for cleaning and maintenance.
(e) 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 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 every three (3) hens.
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(i) Roosts – one and one-half (1 ½) 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.
(6) A run or exercise yard is required.
(a) Runs must be constructed and maintained to meet the following minimum
standards:
1) Location: rear or side yard.
2) Size: Ten (10) square feet per bird, if access to a fenced exercise
yard is also available; sixteen (16) square feet per bird, if access
to an exercise yard is not available. If the coop is elevated two
(2) feet so the hens can access the space beneath, that area may
count as a portion of the minimum run footprint.
3) Height: Six (6) feet in height to allow access for cleaning and
maintenance.
4) Gate: One gate to allow human access to the run.
5) Cover: Adequate to keep hens in 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 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 chicken.
(7) Chickens must not be housed in a residential house or an attached or detached
garage, except for brooding purposes only.
(8) All premises on which hens are kept or maintained shall be kept clean from filth,
garbage, and any substances which attract rodents. The coop and its
surrounding must be cleaned frequently enough to control odor. Manure shall
not be allowed to accumulate in a way that causes an unsanitary condition or
causes odors detectible on another property. Failure to comply with these
conditions may result in the officer removing chickens from the premises or
revoking a chicken permit.
(9) All grain and food stored for the use of the hens on a premise with a chicken
permit shall be kept in a rodent proof container.
(10) Hens shall not be kept in such a manner as to constitute a nuisance to the
occupants of adjacent property.
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(11) Dead chickens must be disposed of according to the Minnesota Board of Animal
Health rules which require chicken carcasses to be disposed of as soon as
possible after death, usually within forty-eight (48) to seventy-two (72) hours.
Legal forms of chicken carcass disposal include burial, off-site incineration or
rendering, or composting.
Sec. 10-480. Permit required.
The officer shall grant a permit for chickens after the applicant has sought the written
consent of 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.
Where an adjacent property consists of a multiple dwelling or multi-tenant property, the
applicant need obtain only the written consent of the owner or manager, or other person
in charge of the building. Such written consent shall be required on the initial application
and as often thereafter as the officer deems necessary.
Sec. 10-481. Application.
Any person desiring a permit required under the provisions of this article shall make
written application to the city clerk upon a form prescribed by and containing such
information as required by the city clerk and officer. Among other things, the application
shall contain the following information:
(1) A description of the real property upon which it is desired to keep the chickens.
(2) The breed and number of chickens to be maintained on the premises.
(3) A site plan of the property showing the location and size of the proposed chicken
coop and run, setbacks from the chicken 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 chickens in a run or exercise
area. Portable coops and cages are allowed, but portable locations must be
included with the site plan.
(4) Statements that the applicant will at all times keep the chickens 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 permit.
(5) Such other and further information as may be required by the officer.
Sec. 10-482. Permit conditions.
(1) 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 chickens
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
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odors, or annoyance, or to protect the public health and safety. Such permit may
be modified from time to time or revoked by the officer for failure to conform to
such restrictions, limitations, prohibitions. Such modification or revocation shall
be effective after ten (10) days following the mailing of written notice thereof by
certified mail to the person or persons keeping or maintaining such chickens.
Sec. 10-483. Violations.
(1) Any person violating any of the sections of this ordinance shall be deemed guilty
of a misdemeanor and upon conviction, shall be punished in accordance with
section 1-15.
(2) If any person is found guilty by a court for violation of this section, their permit to
own, keep, harbor, or have custody of chickens shall 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 chickens.
Sec. 10-484. Required; exceptions.
No person shall (without first obtaining a permit in writing from the city clerk) own, keep,
harbor or have custody of any live chicken.
Sec. 10-485. Fees; issuance.
For each residential site the fee for a permit is as may be imposed, set, established and
fixed by the City Council, by resolution, from time to time.
Sec. 10-486. Term.
The permit period under this section shall expire one (1) year from the date the permit is
issued.
Sec. 10-487. Revocation.
The city manager may revoke any permit issued under this ordinance if the person
holding the permit refuses or fails to comply with this ordinance, with any regulations
promulgated by the city council pursuant to this ordinance, or with any state or local law
governing cruelty to animals or the keeping of animals. Any person whose permit is
revoked shall, within ten (10) days thereafter, humanely dispose of all chickens being
owned, kept or harbored by such person, and no part of the permit fee shall be refunded.
The Maplewood City Council approved this ordinance on July 11, 2011.
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