HomeMy WebLinkAboutNo 979 Allowing the Keeping of Poultry in All Zoning DistrictsOrdinance 979
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.
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.
Poultry means domesticated birds in the order of Galliformes (excluding the genus
Meleagris) that serve as a source of eggs or meat.
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.
Sec. 44-103. Prohibited uses.
The following uses are prohibited in the R-1 Residence district:
(1) The raising or handling of livestock (except for goats and sheep outlined in
Chapter 10, Article X, Goats and Sheep) 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 or display of commercial products, when not on a property with a
residential use.
Section 3. This section amends the Maplewood Zoning Code to allow the keeping of
poultry in the Rural Residential zoning districts with a permit.
Sec. 44-118. - Uses.
(3) Prohibited uses. The city prohibits the following uses in the R-1R zoning district:
(b) The raising or handling of livestock (except for goats and sheep outlined
in Chapter 10, Article X, Goats and Sheep) or animals causing a
nuisance, except for licensed kennels.
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.
Sec. 44-192. Uses.
(b) Prohibited uses.
(1) Accessory buildings without an associated dwelling on the same
premises.
(2) The raising or handling of livestock or animals causing a nuisance, except
for licensed kennels.
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.
Chapter 10 (Animals), Article IX (Poultry)
Sec. 10-476. Definitions.
Brooding means the period of poultry growth when supplemental heat must be provided,
due to the bird’s inability to generate enough body heat.
Coop means the structure for the keeping or housing of poultry permitted by the
ordinance.
Exercise yard means a larger fenced area that provides space for exercise and foraging
for the birds when supervised.
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 poultry 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 poultry 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:
(a) Keeping of poultry is allowed in all zoning districts with a permit.
(b) Number of Poultry: Up to ten (10) poultry on any lot.
(c) Roosters: Roosters are prohibited.
(d) Slaughtering: Slaughtering of poultry on the property is prohibited.
(e) Coop Standards: A separate coop is required to house the poultry. Coops must
be constructed and maintained to meet the following minimum standards:
(1) Located in the rear or side yard.
(2) Setback at least five (5) feet from the rear or side property lines.
(3) Interior floor space – four (4) square feet per bird.
(4) Interior height – adequate room to allow access for cleaning and
maintenance.
(5) Doors – one (1) door to allow humans to access the coop and one (1) for
birds (if above ground level, must also provide a stable ramp).
(6) Windows – one (1) square foot window per ten (10) square feet floor
space. Windows must be able to open for ventilation.
(7) Climate control – adequate ventilation and/or insulation to maintain the
coop temperature between 32 – 85 degrees Fahrenheit.
(8) Nest boxes – one (1) box per every three (3) birds.
(9) Roosts – shall be sufficient for the number of birds in the coop.
(10) Rodent proof – coop construction and materials must be adequate to
prevent access by rodents.
(11) Coops shall be constructed and maintained in a workmanlike manner.
(f) Poultry Run: A run or exercise yard is required.
(1) Runs must be constructed and maintained to meet the following minimum
standards:
a) Location: rear or side yard.
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 poultry can access the space beneath, that area may
count as a portion of the minimum run footprint.
c) Height: Adequate room to allow access for cleaning and
maintenance.
1) Gate: One gate to allow human access to the run.
2) Cover: Adequate to keep poultry in and predators out.
3) Substrate: Composed of material that can be easily raked
or regularly replaced to reduce odor and flies.
(2) Exercise Yards: 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 bird.
(g) Prohibited Storage of Poultry:
(1) Poultry must not be housed in a residential house or commercial building.
(2) Poultry must not be housed in an attached or detached garage, except for
brooding purposes only.
(h) Unsanitary Conditions: All premises on which poultry 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 poultry from the premises
and/or revoking a poultry permit.
(i) Food Storage: All grain and food stored for the use of the poultry on a premise
with a poultry permit shall be kept in a rodent proof container.
(j) Nuisances: Poultry shall not be kept in such a manner as to constitute a
nuisance to the occupants of adjacent property.
(k) Disposal: Dead poultry must be disposed of according to the Minnesota Board of
Animal Health rules which require poultry carcasses to be disposed of as soon as
possible after death, usually within forty-eight (48) to seventy-two (72) hours.
Legal forms of poultry carcass disposal include burial, off-site incineration or
rendering, or composting.
Sec. 10-480. Permit
(1) Permit required.
The officer shall grant a permit for poultry after the applicant has obtained the
written consent of at least 60 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 or business.
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.
(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:
(a) A description of the real property upon which it is desired to keep the
poultry.
(b) The genus and number of poultry to be maintained on the premises.
(c) A site plan of the property showing the location and size of the proposed
poultry coop and run, setbacks from the poultry 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
poultry in a run or exercise area. Portable coops and cages are allowed,
but portable locations must be included with the site plan.
(d) Statements that the applicant will at all times keep the poultry 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.
(e) Such other and further information as may be required by the officer.
(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 poultry
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, or annoyance, or to protect the public health and safety. Such permit may
be modified from time to time or revoked by the officer for failure to conform to
such restrictions, limitations, prohibitions. Such modification or revocation shall
be effective after ten (10) days following the mailing of written notice thereof by
certified mail to the person or persons keeping or maintain such poultry.
(4) Violations.
(a) 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.
(b) If any person is found guilty by a court for violation of this section, their
permit to own, keep, harbor, or have custody of poultry shall be deemed
automatically revoked and no new permit may be issued for a period of
one (1) year.
(c) 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 poultry.
(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 poultry.
(6) Fees; issuance.
For each poultry permit the fee is as may be imposed, set, established and fixed
by the City Council, by resolution, from time to time.
(7) Term.
Permits issued under this division shall have a duration period of two years. 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
with the office of the city clerk prior to the expiration date.
(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 poultry being owned, kept or harbored by such person,
and no part of the permit fee shall be refunded.
Sec. 10-481 – 10-491. Reserved.
The Maplewood City Council approved this ordinance on June 11, 2018.
Affidavit of Publication
State of Minnesota } ss
County of Ramsey
______ R_O_B_IN_NI_S_S_W_AND __ T ___________ , being duly sworn, on oath , says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as MAPLEWOOD REVIEW , and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02 , 331A.07 , and other applicable laws, as amended .
(B) The printed MAPLEWOOD ORDINANCE SUMMARY
which is attached was cut from the columns of said newspaper, and was printed and published once each
TH
week, for 1 successive weeks; it was first published on WEDNESDAY , the 4 day of
JULY , 20____!!_, and was thereafter printed and published on every to and
including , the day of , 20 __ ; and printed below is a copy of
the lower case alphabet from A to Z , both inclusive, which is hereby acknowledged as being the size and
kind of type used in the compos ition and publication of the notice :
• ABCDEFGHIJKLMNOPQRSTUVWXYZ
• ABCDEFGHIJKLMNOPQRSTUVWXYZ
·abcdefghijklmnopqrstuvwxyz
BY: &btw vltM~
TITLE LEGAL COORDINATOR
RATE INFORMATION
(2) Maximum rate allowed by law for the above matter ........................................... $25 .00 per col. inch
(3) Rate actually charged for the above matter ....................................................... $ per col . inch
1/18
MAPLEWOOD ORDINANCE
SUMMARY
URBAN AGRICULTURE USES
On June 11 , 2018, the City Council
of the City of Maplewood adopted
Ordinance Nos . 978 through 985 ,
ordinances which create or amend
city code to allow for urban agriculture
uses . A summary of the ordinances
follows :
Ordinance No. 978
An Ordinance Allowing the
Keeping of Bees
1 . Allow beekeeping in any zoning
district as a permitted use . .
2. Hive placement requirements as
follows: •
a. Located at least five feet from any
property line with the front of the hive
facing in toward the property.
b . Located at least ten feet from a
public sidewalk with the front of the
hive facing in toward the property.
c. Located at least 25 feet from a
principal building on an adjoining lot.
Ordinance No. 979
An Ordinance Allowing the
Keep ing of Poultry in All Zoning
Districts
1 . Allowing other types of poultry in
addition to chickens (i.e ., quail and
pheasants)
2. Changing the neighborhood
consent requirements from 1 oo
percent to 60 percent consent for
approval of a poultry permit.
3. Allowing the keeping of poultry
on pro perty that is not zoned sir,g!P.
fam ily res idP.ntial v,,th a permit.
Ordinance No. 980
An Ordinance Allowing the
Temporary Keeping of Goats and
Sheep
1. Allow the temporary keeping of
goats and sheep (up to 60 days)
for vegetative management with a
permit.
2. Require 60 percent neighborhood
consent for the te mporary keeping of
goats and sheep .
3. Allow up to 75 goats or sheep ,
depending on size of lot.
Ordinanc~ No . 981
An Ordinance Allowing
Aquaponics and Aquaculture
in the Light and Heavy
Manufacturing Zoning Districts
1. Amend the M-1 and M-2 Zoning
Districts to allow for these uses.
Ordinance 982
An Ordinance Allowing
Community and Market Gardens
1 . Allow community gardens one '
acre or under as a permi tted use in
any zoning district with standards
such as setbacks , time limits for sale
of produce, etc.
2. Allow community gardens over
one acre in any zoning district wjth a
conditional use permit.
Ordinance 983
An Ordinance Allowing Front Yard '
Gardening and Permaculture
1 . Adding text that makes it clear that
front yard gardening is a permitted
use in all residential zoning districts.
Ordinance 984
An Ordinance Allowin g Urban
Farms
1. Allow urban farms on park land if
it meets the City's Par k Master Plan.
2. Allow urban farms in all other
zoning districts with a conditional use
permit.
The urban agriculture ordin ance s
go into effect after publication. An
official copy of the ordinances are
on file in the office of the Maplewood
City Clerk , 1830 County Road B
East, Maplewood , or can be obtained
on the city's website at W)/iJll.
maptewoodmn gov/urbanagricutture .
Questions regarding th is ordinance
should be directed to Shann Finwall ,
AICP, Environmental Planner at
(651) 249-2304 or shann finwaH@
maptewoodmn gov.
(Review: July 4, 2018) ·~I .. ~ ....
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