Loading...
HomeMy WebLinkAbout2013-07-17 PACKET 08.A.REQUEST OF CITY COUNCIL ACTION COUNCIL MEETING DATE 7/17/13 PREPARED BY: Community Development ORIGINATING DEPARTMENT AGENDA ITEM # . . Jennifer Levitt STAFF AUTHOR *�***********************************,�********** COUNCIL ACTION REQUEST 1. Consider amending the Animal Control and Zoning Ordinances to allow fowl and/or poultry animals on residentially zoned property that have between three and five acres of land with requirements for licensing and performance standards. 2. Consider authorizing the publication of the ordinance amendment by title and summary. STAFF RECOMMENDATION 1. Adopt the ordinance amending the Animal Control and Zoning Ordinances to allow fowl and/or poultry animals on residentially zoned property that have between three and five acres of land with requirements for licensing and performance standards. 2. Adopt the resolution authorizing publication of the ordinance amendment by title and summary. =� •: ��►�►� •► = •► � PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS: DATE 6/24/13 REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from John McCool dated 7/3/13 � RESOLUTION: Draft � ORDINANCE: Draft ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Excerpt from unapproved minutes of the 6/24/13 Planning Commission meeting ��►I ► :� •: •►I►l ► � �� Date *******************�**************************** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage � Grove � Pride andProsPerity Meet TO: FROM DATE: RE: Mayor and Members of the City Council Ryan Schroeder, City Administrator John McCool, Senior Planner July 3, 2013 Proposed Animal Control and Zoning Ordinance Amendments — Fowl and Poultry Proposal Amend the Animal Control and Zoning Ordinances to allow fowl and/or poultry animals on resi- dentially zoned property that has between three and five acres of land. The proposed ordinance amendments will require a property owner wanting fowl and/or poultry to obtain a license for these animals and comply with certain performance standards. Planning Commission Review The Planning Commission held a public hearing on June 24, 2013. No written or oral testimony was received at the public hearing nor did anyone speak against the proposed ordinance amendments. The Planning Commission supported the proposed ordinance amendments to the Animal Control and Zoning Ordinance allowing fowl and/or poultry on residentially zoned property that have between three and five acres of land. The Planning Commission's recommendation passed on a vote of five ayes to two nays. Two Commission members stated that they did not support the proposed ordinance amendments because they believe farm animals should not be on residentially zoned property less than five acres as previously recommended. An excerpt from the Planning Commission's unapproved minutes is attached. Background The City Council 14, 2013 to make tial properties. directed the Public Safety, Health and Welfare Commission to meet on May a recommendation if fowl and/or poultry should be allowed on urban residen- 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 Honorable Mayor, City Council Members and Ryan Schroeder Proposed Animal Control and Zoning Ordinance Amendments Fowl and Poultry July 3, 2013 Page 2 of 7 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 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 atso 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 on a vote of 6-to-1. 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-to-0) voted not to change the definition 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 and 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 Honorable Mayor, City Council Members and Ryan Schroeder Proposed Animal Control and Zoning Ordinance Amendments Fowl and Poultry July 3, 2013 Page 3 of 7 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. Rural Lot Areas RESIDENTAIL LOTS GREATER THAT 1 ACRE Honorable Mayor, City Council Members and Ryan Schroeder Proposed Animal Control and Zoning Ordinance Amendments Fowl and Poultry July 3, 2013 Page 4 of 7 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. Average Urban Lot Area Honorable Mayor, City Council Members and Ryan Schroeder Proposed Animal Control and Zoning Ordinance Amendments Fowl and Poultry July 3, 2013 Page 5 of 7 � ,-;;! yv'? 5.,'t,' 1:�`;'�.r:' I... . ,. '-`.`''� k-*�_ t _.. { r , . � � _'. - . � --. . � , . Y. �. .. `` , . - ; � r `� � � �� r r3 . �� � � ��1 ���'�-; ,� � `� . QY � 1 :s, .:) g� '; }'. . . f �. ,.. _. . . - ��� -.�. u�1 ss_ ' - _ . .. _ ` _.�.,i �_� ._ . _.�l :�� Ordinance Amendment Summary Most of the proposed city code amendments for allowing fowl and/or poultry on a minimum of three acres were made in City Code Title 5, Animal Control Ordinance. The proposed ordinance amendment does include changes to the Title 11, Zoning Ordinance for Farm Operations in Residential Districts. The proposed amendment in the Zoning Ordinance merely creates a category to keep fowl and/or poultry on land that is three to less than five acres in area and refers to the regulations 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 three to less than five 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. -�s ° ,.: ,.f .�s. � - � ;. Honorable Mayor, City Council Members and Ryan Schroeder Proposed Animal Control and Zoning Ordinance Amendments Fowl and Poultry July 3, 2013 Page 6 of 7 5-4-13(B), Keeping of Fowl or • Permit Application Required. Poultry • Site plan showing the location and size of the coop and run. • Number of fowl and/or poultrv 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. • Keeping fowis or poultry inside a house or attached garage is 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. 5-4-13(C), Keeping of Fowl or • Roof structure must be fully enclosed, waterproof and wind proof. Poultry • Floors, walis 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. • Coop must be a minimum of 4 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 heiaht must be a minimum of six feet. Honorable Mayor, City Council Members and Ryan Schroeder Proposed Animal Control and Zoning Ordinance Amendments Fowl and Poultry July 3, 2013 Page 7 of 7 • 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 three to less than five acres must comply with Animal Control requirements. :- •�iu-�.. .� That the City Council accepts the Planning Commission's recommendation to amend the Animal Control and Zoning Ordinances to allow fowl and/or poultry animals on residentially zoned property that have between three and five acres of land. The proposed ordinance amendments will require a property owner wanting fowl and/or poultry to obtain a license for these animals and conform to certain perFormance standards. A copy of the draft ordinance amendment is attached. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 5, ANIMAL CONTROL AND TITLE 11, REQUIREMENTS, OF THE COTTAGE GROVE CITY CODES RELATING TO KEEPING CHICKENS AND/OR DUCKS IN ANY ZONING DISTRICT The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT. "The Code of the City of Cottage Grove, County of Washington, State of Minnesota," shall be amended by amending Title 5-4-1; Definitions, by adding the following: 5-4-1: DEFINITIONS: COOP: The enclosed structure for keeaina or housina fowl or aoultrv permitted bv the ordinance. FOWL: A bird. such as the duck, aoose, turkev. or pheasant that is used as food or hunted as aame. HEN: Female fowl or aoultrv. POULTRY: Domestic fowls. such as chickens. turkevs. ducks. or aeese, raised for meat or eaas. ROOSTER: Male fowl or aoultrv. RUN: A fullv enclosed and covered area attached to a cooa where the fowl or aoultrv can roam. SECTION 2. AMENDMENT. "The Code of the City of Cottage Grove, County of Washington, State of Minnesota," shall be amended by amending Title 5-4-1; Definitions to read as follows: WILD ANIMAL: Any animal that is wild, ferocious, or vicious by nature, habit, disposition, or character. Animals in this category include, but are not limited to, the following: any ape (including chimpanzee, gibbon, gorilla, orangutan, or siamang), baboon, bear, bison, bobcat, cheetah, crocodile, coyote, deer (including all members of the deer family such as elk, antelope, and moose), elephant, fox, ��r�� hirr! /i �„ „���,��� noo�o n,,,,;� �„� ryr^� ��°�, hippopotamus, hyena, jaguar, leopard, lynx, monkey, puma (also known as cougar, mountain lion, or panther), pot bellied pigs, rhinoceros, any snake which is poisonous or any constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the wild animals such as wolf/dog mixes. Page 1 Ordinance No. XXX Page 2 of 7 49 50 51 52 53 54 55 56 SECTION 3. AMENDMENT. "The Code of the City of Cottage Grove, County of Washington, State of Minnesota," shall be amended by adding Title 5-4-13; Keeping of Fowl or Poultry: 5-4-13: Keepina of Fowl or Poultrv: Anv person keepina fowl or qoultrv in anv zonina district on land with three to less than five acres of land within the Citv of Cottaae Grove shall comalv with the followina: 57 A. License Reauired: Anv aerson who keeps fowl or aoultrv in the Citv of Cottaae Grove 58 must obtain an annual license arior to acauirina the fowl or aoultrv. The annual license 59 is valid on the date the fowl or poultrv arrive on the site and endina on December 31. 60 Subseauent permits are valid from Januarv 1 to December 31. Aaalications for aermits 61 must be made to the Citv Clerk's office. 62 63 1) Annual License Fee: Fees charaed for the issuance of an annual license for 64 keeaina fowl or aoultrv will be set bv the Citv Council in the annual fees 65 resolution. An inspection of the coop and outdoor run will be aerformed annuallv. 66 67 2) The Citv mav refuse to arant or mav revoke an annual license if the fowl or 68 poultrv become a nuisance, as evidenced bv a second substantiated violation 69 fwithin 12 months of the first substantiated violation). 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 31 The Citv mav refuse to arant an annual license to. or mav revoke a aermit from, a person convicted of crueltv to animals. (41 An annual license is non-transferable and does not run with the land. 5) An annual license constitutes a limited license aranted to the land owner bv the Citv and in no wav creates a vested zonina riaht. (6) Prior to issuance of a permit. the prospective annual license holder must acknowledae thev have read the Chicken Run Rescue aublication entitled "Recommendations for Municipal Reaulations of Urban Chickens (2010)" or similar publications approved bv the Citv. 71 Prior to issuance of an annual license. the prospective annual license holder must arovide a plan for maintainina an adeauate temaerature in the cooa for safetv of the fowl or poultrv. The alan must address both extreme winter and summer temperature conditions. (8) Exceptions: This section does not aaalv to animals which are temporarilv brouaht into the Citv for the purpose of participatina in anv circus, show, parade or special event: nor does it applv to anv aublic zoo, or persons keeaina animals for a public zoo as volunteers, docents or otherwise: nor to anv bonafide research institution. public or private schools. or veterinarv hosaital. arovided rotective devices adeauate to prevent such animal from escapina or iniurina the public are provided. 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 B. Permit Application: Anv person desirina a license reauired under the provision of this article shall make written application to the Citv Clerk uaon a form arescribed bv and containina such information as reauired bv the Citv Clerk. Amona other thinas, the application shall contain the followina information: (11 A description of the real propertv upon which it is desired to keep fowl or poultrv. 2) The breed and number of fowl or aoultrv to be maintained on the aremises. (3) A site plan of the propertv showina the location and size of the broaosed coop and run, setbacks from the cooa and run to propertv lines and surroundina buildinas (includina houses and buildinas on adiacent lots), and the location. stvle, and heiaht of fencina proposed to contain the fowl or aoultrv in a run or exercise area. Portable coops and caaes are allowed, but aortable locations must be included with the site alan. 115 4) Statements that the applicant will at all times keea the fowl or aoultrv in 116 accordance with all the conditions arescribed bv citv ordinance and/or Citv Clerk. 117 or modification thereof. and that failure to obev such conditions will constitute a 118 violation of the arovisions of this chaater and arounds for cancellation of the 119 permit and removal of the fowl or aoultrv from the propertv. 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 5) Such other and further information as mav be reauired bv the Citv Clerk. 6) A buildina permit is reauired for the cooa. If electricitv is aroposed for the cooa. an electrical aermit is also reauired. C. Permit Conditions: 1) If aranted, the license shall be issued bv the Citv Clerk and shall state the conditions, if anv. imaosed upon the permitted for the keepina of fowl or poultrv under this permit. The permit shall specifv the restrictions. limitations. conditions. and prohibitions which the citv deems reasonablv necessarv to protect anv person or neiahborina use from unsanitarv conditions. unreasonable noise or odors, or annovance, or to arotect the public health and safetv. Such permit mav be modified from time to time or revoked bv the citv for failure to conform to such restrictions, limitations, arohibitions. Such modification or revocation shall be effective after ten davs followina the mailina of written notice thereof bvi certified ___. _... mail to the aerson or persons licensed to keea such fowl or poultrv. 2) The Citv shall arant a license for fowl or poultrv after the aaalicant has souaht the written consent of one hundred aercent of the owners or occuaants of arivatelv or aubliclv owned real estate that are located adiacent (i.e.. sharina propertv linesl on the outer boundaries of the aremises for which the aermit is beina reauested. Ordinance No. XXX Page 4 of 7 145 Where an adiacent aropertv consists of a multiale dwellina or multi-tenant 146 propertv. the applicant must obtain the written consent of the owner or manaaer, 147 or other person in charae of the buildina and tenants within the buildina. Such 148 written consent shall be reauired on the initial application and as often thereafter 149 as the citv deems necessarv. 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 3) Each person holdina a aermit to keep fowl or aoultrv on propertv with three to less than five acres of land within the Citv of Cottaae Grove shall complv with the followina: al Onlv one annual license for keepina fowl or poultrv will be aranted per a� (b) The principal use of the specified propertv must onlv be sinale-familv residential. An annual license will not be issued for anv aropertv which is used arincipallv for somethina other than sinale-familv. cl No person mav keep more than a cumulative total of four fowls or poultries. dl Keepina a rooster is prohibited. e) No fowl or poultrv shall be allowed to roam freelv without beina within a comaletelv enclosed pen. fl Keeaina live fowl or poultrv inside a house or attached aaraae is prohibited. Butcherina a fowl or aoultrv must not be in aublic view. 4) Fowl or aoultrv must be provided a secure and well ventilated roofed structure "coo " al The coop mav onlv be located in a rear vard. b) The coop must maintain a minimum of 100 foot seaaration from all dwellinas on adiacent aroaerties and a minimum of 50 feet separation from anv aropertv line that adioins public riaht-of-wav or land. c) The roof structure must be fullv enclosed, waterproof and wind aroof. d) The floors and walls of the coop shall be keat in a clean, sanitarv and healthv condition with all droaainas collected on a dailv basis and alaced in a firearoof covered container until transqorted off the aremises to a proaer disposal site. Droapinas applied as fertilizer or mixed in with compost is prohibited. Ordinance No. XXX Page 5 of 7 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 (e) Fowl or aoultrv must be keat in the cooa. run or a detached mobile pen whenever thev are unattended bv the keeper. fl The coop's floor must be a minimum of 24 inches above the around. The floor area of the roofed coop must be eaual to at least four sauare feet of area aer fowl or poultrv and not areater than 50 sauare feet. (h) The cooa must have a minimum of one sauare foot window aer ten sauare feet floor saace. Windows must be able to oqen for ventilation. (i) Climate control — Adeauate ventilation and/or insulation to maintain the coop temaerature between 32-85 dearees Fahrenheit. (i) Coops and pen enclosures must be constructed and maintained in a workman-like manner. Exterior finishes must be constructed of aualitv weather resistant materials consistina of wood. metal, or enaineered comaosite materials that are similar to the color aalette of the principal structure. The coop and outdoor run must be maintained in a condition of reasonable reaair and must not remain in a condition of disreaair or constitute a nuisance. No fiberalass or steel corruaated materials. metal hoops or PVC materials. cotton, nvlon or plastic fabrics are prohibited. The cooa roof shall be covered with fiberalass shinale roof materials. kl Onlv one coop and outdoor run per aarcel. 5) All arain and food stored for the use of the fowl or poultrv must be keat in a rodent proof manner. 61 An outdoor run or exercise vard is reauired and must be constructed and maintained to meet the followina standards: fa) Location: The outdoor run mav onlv be located in a rear vard and must maintain a minimum of 100 foot seaaration from all dwellinas on adiacent roaerties and a minimum of 50 feet seaaration from anv propertv line that adioins public riaht-of-wav or land. (bl Size: A minimum of ten sauare feet per fowl or aoultrv and not areater than 100 sauare feet of aross area. (c) Heiaht: Six feet in heiaht to allow access for cleanina and maintenance. d) Gate: One aate to allow human access to the run. (e) The coop's attached aen must be securelv constructed with at least a mesh tvae material and shall have protective overhead nettina to keep the fowl or poultrv seaarated from other animals. Ordinance No. XXX Page 6 of 7 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 fl The coop's attached pen must be well drained so there is no accumulation of moisture or become an erosion issue. a) If the around surFace within the outdoor run area becomes barren soil and without a arass coverina the area, then mulch materials must be alaced on the exposed around surFace. 71 Fowl and/or poultrv shall not be keat in such a manner as to constitute a nuisance to occupants of adiacent propertv. 81 Eaas, chicks, adult fowl or poultrv shall not be sold. (9) No person shall keea. maintain or harbor within the Citv of Cottaae Grove anv animal or species that is prohibited bv Federal or Minnesota law. SECTION 4. AMENDMENT. "The Code of the City of Cottage Grove, County of Washington, State of Minnesota," shall be amended by amending Title 11-3-7; Farming Operations in Residential Districts to read as follows: 11-3-7: Farming Operations in Residential Districts: Agriculture is a permitted use in all residential districts, subject to the following: A. Sales Of Agricultural Products: Limited sales of products produced on the owner's property may be conducted on the premises from a roadside stand by conditional use permit. Such stand shall not exceed twelve feet (12') in height or five hundred (500) square feet in floor area, and no portion of any such stand shall be located or erected nearer than forty feet (40') to any street line. B. Farm Animals: 1. Parcels Less Than Forty Acres: The keeping of any farm animal on parcels of less than forty (40) acres in size shall be permitted, subject to the following conditions: a. The property must contain at least five (5) acres in contiguous ownership or leasehold. b. The property must contain at least one and one-half (11/2) acres of land per animal unit. This number may be exceeded only by conditional use permit. c. 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. Ordinance No. XXX Page 7 of 7 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 C e 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. The Minnesota Pollution Control Agency does not require that a feedlot permit be issued. 2. Keepina Fowl and/or Poultrv on Parcels Between Three and Less than Five Acres: The keeaina of anv fowl and/or aoultrv on aarcels between three and less than five acres shall be permitted, subiect the reaulations in Title 5-4-13� Kee ina of Fowl or Poultrv of the Citv Codes. �3. 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 Attest: Caron M. Stransky, City Clerk 2013. Published in the South Washington County Bulletin on Myron Bailey, Mayor , 2013 RESOLUTION NO. 2013-XXX RESOLUTION AUTHORIZING THE PUBLICATION OF ORDINANCE NO. XXX BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Cottage Grove adopted Ordinance No. XXX, to amend City Code Title 5, Animal Control, and Title 11, Zoning Ordinance, to allow fowl and/or poultry animals on residentially zoned property that have between three and less than five acres of land. The proposed ordinance amendments will require a property owner wanting fowl and/or poultry to obtain a license for these animals and conform to certain performance standards; and WHEREAS, Minnesota Statutes, Section 412.191, subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the City Clerk shall cause the following summary of Ordinance No. XXX to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Cottage Grove has adopted Ordinance No. XXX. The ordinance amends City Code Title 5, Animal Control, and Title 11, Zoning Ordin- ance, to allow fowl and/or poultry animals on residentially zoned property that have between three and less than five acres of land. The proposed ordinance amend- ments will require a property owner wanting fowl and/or poultry to obtain a license for these animals and conform to certain perFormance standards. The full text of Ordinance No. XXX is available for inspection at Cottage Grove City Hall during regular business hours and is posted at the Washington County Park Grove Library. BE IT FURTHER RESOLVED that a copy of the ordinance will be kept in the City Clerk's office at City Hall for public inspection and that a full copy of the ordinance be posted in a public place in the City. Passed this 17th day of July 2013. Attest: Myron Bailey, Mayor Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON JUNE 24, 2013 6.3 Poultry and Fowl Ordinance Amendment — Case TA13-023 The City of Cottage has applied for amendments to City Code Title 5, Animal Control Ordin- ance, and Title 11, Zoning Ordinance, relating to fowl, poultry, farm animal, and wild animal definitions, and to reduce the minimum lot size requirements in all zoning districts allowing poultry and fowl from five acres to three acres with the possibility of requiring performance standards. McCool summarized the staff report and recommended approval. Harter expressed concern about confusion if the ordinance read 4.9 acres and suggested changing it to read "less than five acres." Harter when neighbors could object to a license after one has been issued. McCool stated that it is an annual license so every year they would need to reapply and provide a new signature report from the neighbors. Harter asked during the time period when the license is granted, could a new neighbor object at that time. McCool responded that the new neighbor would have to wait until the license expires to object. Johnson asked if the ordinance had already been amended to allow poultry and fowl on proper- ties between three and five acres and if the Planning Commission was just discussing the stan- dards. McCool responded there was direction from the Council to allow poultry and fowl on three-acre parcels but they did not provide details. The Planning Commission should review the entire amendment and make a recommendation to the City Council. Johnson stated that he is uncomfortable reducing the minimum lot size from five acres to three acres and if it is going to happen, he would like to see strict requirements. ° Rostad asked if this ordinance amendment would assist those that currently have chickens and ducks. McCool responded they would still not meet the ordinance requirements. The animals have been removed from those properties. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Brittain made a motion to recommend approval of the ordinance amendment with the modification from ten square feet to four square feet. Harter seconded. Johnson asked if he votes nay, is it nay to reducing the minimum lot size or is it nay to just the conditions. He stated that he does not agree with allowing poultry and fowl on lots with less than five acres. Rostad explained that this action would amend the ordinance to allow poultry and fowl on parcels between three and five acres with conditions. Motion passed on a 5-to-2 vote (Johnson and Rostad). Johnson explained that he grew up on a farm and he considers chickens a farm animal. He does not believe that farm animals belong in a city; they belong on farms and not on residential par- cels close to neighboring homes. Rostad explained that he has asked other residents in the city about this issue and he has not found a single person in support of it.