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HomeMy WebLinkAbout2013-06-24 PACKET 06.3.STAFF REPORT CASE: TAI 2-036 ITEM: 6.3 PUBLIC MEETING DATE: 6124113 TENTATIVE COUNCIL REVIEW DATE: 6/19113 APPLICATION APPLICANT: City of Cottage Grove REQUEST: Amend the Animal Control and Zoning Ordinances to allow fowl and /or poultry animals on residentially zoned property that has between 3 and 4.9 acres of land. The proposed ordinance amendments will require a property owner wanting fowl and /or poultry to obtain a license for these animals. SITE DATA LOCATION: N/A ZONING: N/A CONTIGUOUS LAND USE: NORTH: NIA EAST: N/A SOUTH: N/A WEST: N/A SIZE: N/A DENSITY: N/A RECOMMENDATION Approval. COTTAGE GROVE PLANNING DIVISION Planning Staff Contact: John McCool, Senior Planner, 651 - 458 -2874, imccool(acottage- g rove. org G: \CITYFILES \12 CITYFILES \036TA Keeping Chickens \TAl2 -036 Keeping Chickens SR cover 2013- 06- 24.docx Planning Staff Report Animal Control and Zoning Ordinance Amendments Keeping Fowl and /or Poultry in Residential Districts Planning Case No. TA2012 -036 June 24, 2013 Proposal Amend the Animal Control and Zoning Ordinances to allow fowl and /or poultry animals on resi- dentially zoned property that has between 3 and 4.9 acres of land. The proposed ordinance amendments will require a property owner wanting fowl and /or poultry to obtain a license for these animals. Background The City Council directed the Public Safety, Health and Welfare Commission to meet on May 14, 2013 to make a recommendation if fowl and /or poultry should be allowed on urban residen- tial properties. All of the Public Safety Commission members were in attendance and each participated in the discussion on this matter. Pete Koerner, Deputy Director of Public Safety and I summarized the packet of materials distributed to the Commission. Mary Britton Clouse with the Chicken Run Rescue was in attendance and answered questions from the Commission and individuals in the audience. Ms. Clouse stated that some individuals have given up on the idea of keeping chickens after realizing that it is more work than they an- ticipated; some do a good job and maintain a healthy flock and others don't care for the birds as much as they should. Her rescue organization is occasionally inundated with injured or un- wanted birds. It was her opinion that the City of Minneapolis is inadequately staffed to process, inspect, and enforce all the chicken license applications. She recommended to the Commission that the City of Cottage Grove should not change their five -acre minimum lot area requirement. Ms. Clouse did state that if the ordinance was changed, the City should require a minimum coop and pen area per chicken. She suggested a four square foot minimum coop area per chicken and ten square feet per chicken for the pen area. In regards to the assumption that cities allow- ing backyard chickens don't have problems, Ms. Clouse's response was that many cities do not collect data or take time to document those kinds of details. She thought there should be a report on the number of birds that die and their cause of death. Bob Burtman, 9476 Harkness Court supported the idea of amending city ordinances to allow chickens and ducks in the backyard. Mr. Burtman stated that having chickens or ducks is no different than people with dogs, cats, other household animals, or places where wild animals (e.g. geese, ducks) already congregate. Mr. Burtman stated that he keeps the food for his ducks in the garage so that other uninvited birds are not a problem and reported that city ordinances Planning Staff Report Planning Case No. TA2012 -003 January 23, 2012 Page 2 of 6 do not require a dog house and that the owner must pick up their dog's feces daily. Mr. Burtman also believed ducks are not louder than most dogs and are good pets. Most of the Public Safety Commission members expressed concerns for chickens in the back- yards of urban residential lots. They acknowledged that two- thirds of other communities do not allow chickens in backyards, other advisory commissions in Cottage Grove have recommended not changing the five -acre requirement for farm animals, and expressed concerns for potential health issues if owners of chickens or ducks are not responsible in maintaining healthy birds and sanitary coops and pens. Other concerns pertained to potential noise, odor, enforcement, and general health issues for people and birds. Comments supporting an ordinance amendment were also expressed, generally noting that noise and odor is no different than dogs and other communities do allow chickens in backyards with certain regulations to mitigate adverse impacts. The Public Safety, Health and Welfare Commission recommended to the City Council that City ordinances not change to allow chickens or ducks in the backyard of urban residential lots, thus maintaining the current five -acre minimum requirement. The motion passed 6 ayes to 1 nay. The Commission also discussed the idea of amending city ordinances to include chickens and ducks as a household pet. Limiting the number of household pets to three animals could be any combination of dogs, cats, chickens, and ducks as long as there are three or few animals per parcel. The general consensus by the Commission is that household pets must be an indoor (house) animal. The Commission unanimously (7 ayes to 0 nay) voted not to change the defini- tion for "Pet." On May 15, 2013, the City Council unanimously approved amending city ordinances to reduce the minimum lot area for keeping fowl and /or poultry from five acre to three acres with a 100 foot minimum setback between the coop /outdoor pen an any neighboring dwelling and to prepare a list of performance standards for the coop /pen, building permit, and other regulations for their consideration. An excerpt from the City Council's unapproved minutes for their meeting on May 15, 2013, is attached Discussion Rural vs. Urban Lot Sizes In advance of the City Council meeting in May 2013, Council asked for a map showing parcels of land that are greater than one acre in area. A copy of this map is shown below. The green colored areas on the Rural Map identifies all the rural lots that are one acre or larger. A map showing the average lot area of urban residential lots was also prepared. Within the 13 sections identified on the map, the cumulative number of urban residential lots is 9,618 lots cov- ering a total area of 2,897 acres. The average size for urban residential lots for all 9,618 parcels is 0.31 of an acre. Both maps are shown below. Planning Staff Report Planning Case No. TA2012 -003 January 23, 2012 Page 3 of 6 Cottage -� J Grove ozPerity Meet "" ` Wh ere Pride and P r "a as s 2 / I a.. Legend �aaeweneai r.rcxe oieewrmen, _ �cryemwMary e %�k - � Major Roads I 4 — C P I IT w S RESIDENTAIL LOTS GREATER THAT 1 ACRE Rural Lot Areas Cottage Grove =` ( � her hitle andP�'jN Meet - —`1y AVERAGE URBAN RESIDENITA LOT SIZE FOR 9,878 LOTS COVERING 2,897 ACRES Legend City Boundary - - - - -- Major Roads N W E S ,o>ao 0 1,300 zeoo 5m tew 10400 ce =� ALJ Average Urban Lot Area Planning Staff Report Planning Case No. TA2012 -003 January 23, 2012 Page 4 of 6 Coop Standards Where localities allow for chickens in the back yard, there are common ordinance requirements for coops and pens. Most communities require the property owner to obtain a building permit and have minimum setbacks for the coop and pen from property lines and neighboring residen- tial dwellings. The setbacks from the property line ranged from 0 feet to 50 feet, with the com- mon range being 5 to 10 feet. Setbacks from neighboring dwellings ranged range from 6 feet to 100 feet. The common range was 25 to 50 feet. The photos below are coop and pen examples. In Minneapolis and Saint Paul; enforcement is more about coop /pen designs and aesthetics and not so much about chickens. They occasio- nally find coops constructed of salvaged materials (pallets, assorted boards, corrugated metal or fiberglass, tarps, etc.). Most of the property owners licensed to have chickens comply with the rules and regulations, but the small percentage of noncompliant properties expend many staff hours for code enforcement. Ordinance Amendment Summary Most of the proposed city code amendments for allowing fowl and /or poultry on with a minimum of three acres were made in City Code Title 5, Animal Control Ordinance. The proposed ordin- ance amendment does include changes to the Title 11, Zoning Ordinance for Farm Operations Planning Staff Report Planning Case No. TA2012 -003 January 23, 2012 Page 5 of 6 in Residential Districts. The proposed amendment in the Zoning Ordinance merely creates a category to keep fowl and /or poultry on land that is 3 to 4.9 acres in area and refers to the reg- ulations required in the Animal Control section of the City Codes. No changes were made for keeping farm animals on land that is greater than five acres in area. The proposed changes to the Animal Control section of the City Code are summarized below: PROPOSED AMENDMENT PROPOSED REGULATION 5 -4 -1, Definitions Define coop, fowl, hen, poultry, rooster, run and amend wild animal. • Keeping fowl or poultry on 3.0 —4.9 acres must obtain a license. • Annual license fee set by the City's annual fees resolution. 5- 4- 13(A), Keeping of Fowl or • An inspection of the coop and outdoor run will be performed annually. Poultry • Refuse or revoke annual license after a second violation. • Annual license is non - transferable or runs with the land. • Exceptions: Circus, show, parade, special events, veterinary hospitals or research facilities. 5- 4- 13(B), Keeping of Fowl or • Permit Application Required. Poultry • Site plan showing the location and size of the coop and run. a Number of fowl and /or poultry on the premises. • A building permit and electrical permit (if electricity to the coop is proposed) is required. • Written consent by 100% of owners or occupants of privately or publicly owned real estate that is adjacent to the proposed site. • Written consent from the owner or manager of a multiple dwelling or multi- tenant residential property and written approval by the tenants within the building. • One annual license per parcel. • Must be a single - family residential property. • Cumulative total of four fowl or poultry animals. • Prohibit roosters. • Must be kept in a coop /pen if not attended. 5- 4- 13(C), Keeping of Fowl or • Keeping fowls or poultry inside a house or attached garage is Poultry prohibited. • Butchering must not be in public view. • Coops and pens allowed only in rear yard. • Minimum setback between coop /outdoor run and neighboring dwelling is 100 feet. • Minimum setback between coop /outdoor run and property lines is 50 feet. • Roof structure must be fully enclosed, waterproof and wind proof. • Floors, walls and pen must be kept clean, sanitary and healthy condition with droppings collected daily. • Droppings placed in covered container until transported off the premises to a proper disposal site. • Prohibit droppings to be used as fertilizer or mixed in with compost. • Coop floor a minimum of 24 inches above the ground. Planning Staff Report Planning Case No. TA2012 -003 January 23, 2012 Page 6 of 6 Recommendation That the Planning Commission recommend to the City Council the approval of the proposed Animal Control and Zoning Ordinance to allow a property owner on residentially zoned land that has between 3 and 4.9 acres of land to have no more than four fowl and /or poultry animals on their property. The proposed ordinance amendment requires the property owner wanting fowl or poultry animals to obtain a license from the City of Cottage Grove and abide by the performance standards stipulated in the ordinance. A copy of the draft ordinance amendment is attached. Prepared by: John McCool, AICP Senior Planner Attachment Draft Ordinance Amendment • Coop must be a minimum of 10 square feet per fowl or poultry. Total floor area is 50 square feet. • Climate control to maintain coop temperature between 32 -85 degrees Fahrenheit. • Coop must be constructed and maintained in good workman -like manner. Exterior finishes must be quality weather resistant materials of wood, metal, or composite materials. Fiberglass, corrugated steel, metal or PVC hoops, cotton, nylon or plastic fabrics prohibited. • Only one coop and outdoor run per parcel. • Grain and food stored in rodent proof manner. • Outdoor run must be a minimum of 100 feet from neighboring dwelling and 50 feet from any property line. • Pen must have a minimum of 10 square feet per fowl or poultry, but not greater than 100 square feet in total area. • Pen height must be a minimum of six feet. • Outdoor pen must have a protective material overhead. • Ground surface within the outdoor run must be covered with vegetation, mulch, or landscape rock materials. • Fowl and /or poultry must not constitute a nuisance to occupants of adjacent properties. • Sale of eggs, chicks, or adult fowl or poultry from the property is prohibited. • No changes make to keeping farm animals on parcels greater than five 11- 3 -7(B), Farm Animals acres. No license required. • Keeping fowl or poultry on parcels with 3.0 to 4.9 acres must comply with Animal Control requirements. Recommendation That the Planning Commission recommend to the City Council the approval of the proposed Animal Control and Zoning Ordinance to allow a property owner on residentially zoned land that has between 3 and 4.9 acres of land to have no more than four fowl and /or poultry animals on their property. The proposed ordinance amendment requires the property owner wanting fowl or poultry animals to obtain a license from the City of Cottage Grove and abide by the performance standards stipulated in the ordinance. A copy of the draft ordinance amendment is attached. Prepared by: John McCool, AICP Senior Planner Attachment Draft Ordinance Amendment Cottage Grove City Council I G May 15, 2013 Regular Meeting J M ION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER OLS%N, TO APPROVE THE EAST POINT DOUGLAS UNDERGROUNDING PROJkCT AS PRESENTED. MOTION CARRIED 4 -1 WITH COUNCIL MEMBER LEHRKLVOTING NAY. MOTION Rt COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER LEHRKE, T TABLE THE 70 STREET UNDERGROUNDING PROJECT AND TO SCHEDUX A SPECIAL MEETING WITH XCEL TO DISCUSS THE COSTS. THE CITY CLERX CONDUCTED A ROLL CALL VOTE: MAYOR BAILEY VOTED NAY; COUNCIL PVMBER PETERSON VOTED NAY; COUNCIL MEMBER OLSEN VOTED NA ' COUNCIL MEMBER THIEDE VOTED AYE; AND COUNCIL MEMBER EHRKE VOTED AYE, MOTION CARRIED. 3 WITH COUNCIL MEMBER THIEDE AND COUNCIL MEMBER LEHRKE VOTIW NAY. MOTION BY COUNCIL MER PETERSON, SECONDED BY COUNCIL MEMBER OLSEN, TO APPR E THE 70 STREET UNDERGROUNDING PROJECT, THE CITY CLERK CONDUCTED AWZOLL CALL VOTE: MAYOR BAILEY VOTED AYE; COUNCIL MEMBER PETERSN VOTED AYE; COUNCIL MEMBER OLSEN VOTED AYE; COUNCIL ME ER THIEDE VOTED NAY; AND COUNCIL MEMBER LEHRKE VOTED NAY. MOTION CARRIED 3 -2 WITH COUNCIL MEMBER LEHRKE VOTING NAY. MOTION BY COUNCIL MEMBER THIEDE, S OLSEN, THAT WE UTILIZE THE CFRS PRO WITH COUNCIL MEMBER LEHRKE VOTING 5. 6. PUBLIC HEARINGS - None. BID AWARDS - None, BER THIEDE AND COUNCIL ED BY COUNCIL MEMBER MOTION CARRIED. 4 -1 - None. 8. UNFINISHED AND NEW BUSINESS A. Consider Poultry /Fowl Polic Senior Planner gave a presentation on the meeting held by the Public Safety, Health, and Welfare Commission to discuss the City's poultry /fowl policy. Overall, the Commission recommends that there not be a requirement of lowering or amending the City Ordinance to allow chickens or ducks in the backyards of residential properties. The Commission also discussed whether to change the definition of a pet, whether we should allow chickens and ducks as a household pet and they recommended that Cottage Grove City Council I C May 15, 2013 Regular Meeting ll there not be a change to that definition. They commented that the household pet be an animal housed in the house and they did not feel it would be appropriate to have these kind of animals in the house. By a 7 -0 vote the Commission recommended that there be no change to the pet definition. The Commission voted to not amend the City Ordinance at this time. Bob Burtman, 9476 Harkness Court South, Cottage Grove, recommended that the City Council amend the City Ordinances to allow him to maintain his ducks at his residence. People should be allowed to have these animals, they are not a nuisance, and they are played with, and bathed. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO AMEND THE CITY CODE AND REDUCE THE MINIMUM LOT SIZE FROM FIVE TO THREE ACRES WITH A 100 FOOT SETBACK AND TO DIRECT STAFF PREPARE A LIST OF PERFORMANCE STANDARDS ON COOP SIZES, BUILDING PERMIT REQUIREMENTS, AND OTHER PERTINANT PERMITTING TO ENGAGE IN THIS ACTIVITY. MOTION BY COUNCIL MEMBER LEHRKE TO AMEND THE MOTION TO START A PET PILOT PROGRAM FOR THE FIRST 10 PROPERTIES AND TO REVISIT IT IN ONE YEAR OR WHEN THERE ARE COMPLAINTS. MOTION FAILED FOR LACK OF A SECOND. UPON VOTE BEING TAKEN ON THE ORIGINAL MOTION, MOTION CARRIED. 4 -1 WITH COUNCIL MEMBER LEHRKE VOTING NAY. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER OLSEN, TO RECONSIDER THE MOTION. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER OLSON, SECONDED BY COUNCILMEMBER THIEDE, TO AMEND THE CITY CODE AND REDUCE THE MINIMUM LOT SIZE FROM FIVE TO THREE ACRES WITH A 100 FOOT SETBACK AND TO DIRECT STAFF PREPARE A LIST OF PERFORMANCE STANDARDS ON COOP SIZES, BUILDING PERMIT REQUIREMENTS, AND OTHER PERTINANT PERMITTING TO ENGAGE IN THIS ACTIVITY. MOTION CARRIED, 5 -0. Senior Planner McCool high h kited the two variance applications and the recommendations of the Planning mission. MOTION BY COUNCIL MEMBER OLSEN, SE D BY COUNCIL MEMBER LEHRKE, TO ADOPT RESOLUTION NO, 2013 -062 SOLUTION GRANTING A VARIANCE TO REDUCE THE REQUIRED OT REAR YARD SETBACK TO 22 FEET TO ALLOW CONSTRUCTION OF A HO T 7675 1 ORDINANCE NO. XXX 2 3 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, 4 AMENDING TITLE 5, ANIMAL CONTROL AND TITLE 11, REQUIREMENTS, 5 OF THE COTTAGE GROVE CITY CODES RELATING TO KEEPING 6 CHICKENS AND /OR DUCKS IN ANY ZONING DISTRICT 7 8 The City Council of the City of Cottage Grove, Washington County, Minnesota, does 9 hereby ordain as follows: 10 11 SECTION 1. AMENDMENT "The Code of the City of Cottage Grove, County of 12 Washington, State of Minnesota," shall be amended by amending Title 5 -4 -1; Definitions, by 13 adding the following: 14 15 5 -4 -1: DEFINITIONS: 16 17 COOP: The enclosed structure for keeping or housing fowl or poultry permitted by the 18 ordinance. 19 20 FOWL: A bird, such as the duck. goose, turkey. or pheasant that is used as food or 21 hunted as game. 22 23 HEN: Female fowl or poultry. 24 25 POULTRY: Domestic fowls, such as chickens, turkeys, ducks, or geese. raised for meat 26 ore s. 27 28 ROOSTER: Male fowl or poultry. 29 30 RUN: A fully enclosed and covered area attached to a coop where the fowl or poultry 31 can roam. 32 33 34 SECTION 2. AMENDMENT "The Code of the City of Cottage Grove, County of 35 Washington, State of Minnesota," shall be amended by amending Title 5 -4 -1; Definitions to 36 read as follows: 37 38 WILD ANIMAL: Any animal that is wild, ferocious, or vicious by nature, habit, 39 disposition, or character. Animals in this category include, but are not limited to, the following: 40 any ape (including chimpanzee, gibbon, gorilla, orangutan, or siamang), baboon, bear, bison, 41 bobcat, cheetah, crocodile, coyote, deer (including all members of the deer family such as elk, 42 antelope, and moose), elephant, fox, any game bird (includ pheasants, ducks ge ese, quail, 43 and gfouse), hippopotamus, hyena, jaguar, leopard, lynx, monkey, puma (also known as 44 cougar, mountain lion, or panther), pot bellied pigs, rhinoceros, any snake which is poisonous 45 or any constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the wild animals 46 such as wolf /dog mixes. 47 48 Page 1 Ordinance No. XXX Page 2 of 7 49 SECTION 3. AMENDMENT "The Code of the City of Cottage Grove, County of 50 Washington, State of Minnesota," shall be amended by adding Title 5 -4 -13; Keeping of Fowl or 51 Poultry: 52 53 5 -4 -13: Keeping of Fowl or Poultry: Any person keeping fowl or poultry in any zoning district 54 on land with 3.0 to 4.9 acres of land within the City of Cottage Grove shall comply with the 55 following: 56 57 A. License Required: Any person who keeps fowl or poultry in the City of Cottage Grove 58 must obtain an annual license prior to acquiring the fowl or poultry. The annual license 59 is valid on the date the fowl or poultry arrive on the site and ending on December 31. 60 Subsequent permits are valid from January 1 to December 31. Applications for permits 61 must be made to the City Clerk's office. 62 63 1) Annual License Fee: Fees charqed for the issuance of an annual license for 64 keeping fowl or poultry will be set by the City Council in the annual fees 65 resolution. An inspection of the coop and outdoor run will be performed annually. 66 67 21 The City may refuse to grant or may revoke an annual license if the fowl or 68 poultry become a nuisance, as evidenced by a second substantiated violation 69 (within 12 months of the first substantiated violation). 70 71 3) The City may refuse to grant an annual license to, or may revoke a permit from. a 72 person convicted of cruelty to animals. 73 74 4) An annual license is non - transferable and does not run with the land. 75 76 5) An annual license constitutes a limited license granted to the land owner by the 77 City and in no way creates a vested zoning right. 78 79 6) Prior to issuance of a permit, the prospective annual license holder must 80 acknowledge they have read the Chicken Run Rescue publication entitled 81 "Recommendations for Municipal Regulations of Urban Chickens 2010 1" or 82 similar publications approved by the City. 83 84 7) Prior to issuance of an annual license, the prospective annual license holder 85 must provide a plan for maintaining an adequate temperature in the coop for 86 safety of the fowl or poultry. The plan must address both extreme winter and 87 summer temperature conditions. 88 89 (8) Exceptions: This section does not apply to animals which are temporarily 90 brought into the City for the purpose of participating in any circus, show. parade 91 or special event: nor does it apply to any public zoo, or persons keeping animals 92 for a public zoo as volunteers, docents or otherwise: nor to any bonafide 93 research institution. public or private schools, or veterinary hospital. provided 94 protective devices adequate to prevent such animal from escaping or injuring the 95 public are provided. 96 Ordinance No. XXX Page 3 of 7 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 B. Permit Application: information as required by the City Clerk. Among other things, the application shall contain the following information: (1) A description of the real property upon which it is desired to keep fowl or poultnr. (2) The breed and number of fowl or poultry to be maintained on the premises. (3) A site plan of the property showing the location and size of the proposed coop (4) Statements that the applicant will at all times keep the fowl or poultry in (5) Such other and further information as may be required by the Citv Clerk. (6) A building permit is required for the coop. If electricity is proposed for the coop, an electrical permit is also required. C. Permit Conditions: (1) If granted, the license shall be issued by the City Clerk and shall state the odors, or annoyance, or to protect the public health and safety. Such permit may be modified from time to time or revoked by the city for failure to conform to such restrictions limitations prohibitions. Such modification or revocation shall be effective after ten days following the mailing of written notice thereof by certified mail to the person or persons licensed to keep such fowl or poultry. (2) The City shall grant a license for fowl or poultry after the applicant has sought the written consent of one hundred percent of the owners or occupants of privately or permit and removal of the fowl or poultry from the property. Ordinance No. XXX Page 4 of 7 145 146 147 148 149 150 151 Where an adjacent property consists of a multiple dwelling or multi- tenant property, the applicant must obtain the written consent of the owner or manager or other person in charge of the building and tenants within the building. Such written consent shall be required on the initial application and as often thereafter as the city deems necessary. (3) Each person holding a permit to keep fowl or poultry on property with 3.0 to 4.9 152 acres of land within the City of Cottage Grove shall comply with the following: 153 154 a) Only one annual license for keeping fowl or poultry will be granted per 155 a 156 157 (b) The principal use of the specified property must only be single- family 158 residential. An annual license will not be issued for any property which is 159 used principally for something other than single - family. 160 161 (c) No person may keep more than a cumulative total of four fowls or 162 poultnes. 163 164 d) Keeping a rooster is prohibited. 165 166 e) No fowl or poultry shall be allowed to roam freely without being within a 167 completely enclosed pen. 168 169 fl Keeping live fowl or poultry inside a house or attached garage is 170 prohibited. 171 172 (g) Butchering a fowl or poultry must not be in public view. 173 174 (4) Fowl or poultry must be provided a secure and well ventilated roofed structure 175 176 177 a The coop may only be located in a rear yard. 178 179 (b) The coop must maintain a minimum of 100 foot separation from all 180 dwellings on adjacent properties and a minimum of 50 feet separation 181 from any property line that adjoins public right -of -way or land. 182 183 c) The roof structure must be fully enclosed, waterproof and wind proof. 184 185 (d) The floors and walls of the coop shall be kept in a clean. sanitary and 186 healthy condjtion wjth all droppings collected on a daily basis and placed 187 in a fireproof covered container until transported off the premises to a 188 proper disposal site. Droppings applied as fertilizer or mixed in with 189 compost is prohibited. 190 191 e) Fowl or poultry must be kept in the coop, run or a detached mobile pen 192 whenever they are unattended by the keeper. Ordinance No. XXX Page 5 of 7 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 fl The coop's floor must be a minimum of 24 inches above the around. h) The coop must have a minimum of one square foot window per ten square feet floors ace. Windows must be able to open for ventilation. i) Climate control — Adequate ventilation and /or insulation to maintain the coop temperature between 32 -85 degrees Fahrenheit. i) Coops and pen enclosures must be constructed and maintained in a composite materials that are similar to the color palette of the principal structure. The coop and outdoor run must be maintained in a condition of reasonable repair and must not remain in a condition of disrepair or constitute a nuisance. No fiberglass or steel corrugated materials, metal hoops or PVC materials, cotton. nylon or plastic fabrics are prohibited. The coop roof shall be covered with fiberglass shingle roof materials. (k) Only one coop and outdoor run per parcel. (5) All grain and food stored for the use of the fowl or poultry must be kept in a rodent proof manner. 6) An outdoor run or exercise yard is required and must be constructed and maintained to meet the following standards: a) Location: The outdoor run may only be located in a rear yard and must adjoins public right -of -way or land. b) Size: A minimum of ten square feet per fowl or poultry and not greater than 100 square feet of gross area. c) Height: Six feet in height to allow access for cleaning and maintenance. d Gate: One gate to allow human access to the run. e) The coop's attached pen must be securely constructed with at least a mesh type material and shall have protective overhead netting to keep the fowl or poultry separated from other animals. Ordinance No. XXX Page 6 of 7 241 242 g) If the ground surface within the outdoor run area becomes barren soil and 243 without a grass covering the area, then mulch materials must be placed on 244 the exposed ground surface. 245 246 (7) Fowl and /or poultry shall not be kept in such a manner as to constitute a 247 nuisance to occupants of adjacent property. 248 249 8) Eggs, chicks, adult fowl or poultry shall not be sold. 250 251 (9) No person shall keep, maintain or harbor within the City of Cottage Grove any 252 animal or species that is prohibited by Federal or Minnesota law. 253 254 255 256 SECTION 4. AMENDMENT "The Code of the City of Cottage Grove, County of 257 Washington, State of Minnesota," shall be amended by amending Title 11 -3 -7; Farming 258 Operations in Residential Districts to read as follows: 259 260 11 -3 -7: Farming Operations in Residential Districts: 261 262 Agriculture is a permitted use in all residential districts, subject to the following: 263 264 A. Sales Of Agricultural Products: Limited sales of products produced on the owner's 265 property may be conducted on the premises from a roadside stand by conditional 266 use permit. Such stand shall not exceed twelve feet (12') in height or five hundred 267 (500) square feet in floor area, and no portion of any such stand shall be located or 268 erected nearer than forty feet (40') to any street line. 269 270 B. Farm Animals: 271 272 1. Parcels Less Than Forty Acres: The keeping of any farm animal on parcels of 273 less than forty (40) acres in size shall be permitted, subject to the following 274 conditions: 275 276 a. The property must contain at least five (5) acres in contiguous ownership 277 or leasehold. 278 279 b. The property must contain at least one and one -half (11/2) acres of land 280 per animal unit. This number may be exceeded only by conditional use 281 permit. 282 283 c. All buildings intended to house animals shall be set back at least sixty feet 284 (60') from all property lines and at least three hundred feet (300') from a 285 dwelling other than the dwelling on the property in question. 286 Ordinance No. XXX Page 7 of 7 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 d. All pens, yards or other confinement areas, excluding pastures, where animals are kept shall be set back at least sixty feet (60') from all property lines. e. The Minnesota Pollution Control Agency does not require that a feedlot permit be issued. 2. Keeping Fowl and /or Poultry on Parcels Between 3 Acres and 4.9 Acres: The keeping of any fowl and /or poultry on parcels between 3 acres and 4.9 acres shall be permitted, subject the regulations in Title 5 -4 -13: Keeping of Fowl or Poultry of the City Codes, 23. Parcels Larger Than Forty Acres: The keeping of farm animals on parcels larger than forty (40) acres in size is permitted, subject to the following conditions: a. All buildings intended to house animals shall be set back at least sixty feet (60') from all property lines and at least three hundred feet (300') from a dwelling other than the dwelling on the property in question. b. All pens, yards or other confinement areas, excluding pastures, where animals are kept shall be set back at least sixty feet (60') from all property lines. c. The Minnesota Pollution Control Agency does not require that a feedlot permit be issued. SECTION 5. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of 2013. Myron Bailey, Mayor /_{il!Mi Caron M. Stransky, City Clerk Published in the South Washington County Bulletin on , 2013