HomeMy WebLinkAboutItem Work Session ZO
MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 25 April 018
RE: Lakeville – Zoning Ordinance; Annual Review
TPC FILE: 135.01
BACKGROUND
The Planning Department initiates an annual review of the Zoning Ordinance, Subdivision
Ordinance, and/or City Code to address issues identified in the course of ongoing
administration of the City’s development regulations and review of development applications.
An initial work session was held on 15 February 2018 to discuss the list of topics compiled by
City staff during 2017 and receive direction from the Planning Commission as to possible
amendments. Action on a number of items was deferred with City staff requested to provide
additional information.
Exhibits:
Survey of urban chicken regulations
University of Minnesota Backyard Chicken Information
ANALYSIS
Sport Courts. City staff proposed amendments to clarify the application of performance
standards adopted in 2016 for sport courts regulated by Section 11-18-7.H of the Zoning
Ordinance. After further discussion by City staff, we are withdrawing our recommendation to
amend the performance standards at this time. The amendments were proposed in reaction
to an isolated set of circumstances and would be more difficult to implement broadly for all
sport court proposals. No further action regarding the performance standards for sport courts
is required at this time.
2
House Pets. Section 11-35-3 of the Zoning Ordinance regulates keeping of animals within the
City. Keeping house pets is allowed in all agricultural/rural and residential zoning districts;
horses are allowed in all agriculture/rural zoning districts; farm animals are allowed on uses
defined as farms in all zoning districts; and raptors and honey bees are allowed as interim uses.
The City received a request to allow for keeping of mini-juliana pigs as a house pet. City staff
requested direction at the 15 February 2018 Planning Commission work session as to whether
mini-juliana pigs should be added to the definition of house pets. The Planning Commission
took no action and requested that more information regarding the keeping of such animals be
provided for additional review and discussion. In following up with the requestor, that
individual informed City staff that they are not pursuing the matter at this time. No action
regarding expanding the current definition of house pets is required.
Urban Chickens. The City continues to receive requests from residents wishing to keep
chickens upon urban residential properties. Keeping of chickens, defined as farm animals, is
currently only allowed on farm properties in the AP, Agricultural Preserve District, RA, Rural
Agricultural District, or the RAO, Rural Agricultural Overlay District.
City staff updated research completed in March 2014 of cities in the Twin Cities Metropolitan
Area that are adjacent to or similar in character to Lakeville in regard to population and growth
characteristics. This research shows there are a variety of rules and regulations pertaining to
the keeping of chickens in residential areas. Of the 10 cities studied, seven allow keeping urban
chickens (Eden Prairie approved keeping of urban chickens in 2014). Three cities do not allow
the keeping of chickens outside of rural residential or farm properties, including Plymouth,
which was added to the survey as part this current review of the issue.
City staff in 2014 provided the Planning Commission and City Council the following language for
a proposed amendment to the Zoning Ordinance to allow keeping of chickens by administrative
permit on urban single family properties within the RS-1, RS-2, RS-3, RS-4, RS-CBD, RST-1 and
RST-2 Districts:
11-35-3.C. Keeping of Chickens:
1. Administrative Permit Required:
a. The keeping of chickens (defined as fowl of the genus Gallus
and species Gallus domesticus) may be allowed upon a
property developed with a single family dwelling within a
residential zoning district subject to approval of an
administrative permit in accordance with Section 8 of this Title
and the provisions of this Section.
b. The application for an administrative permit shall include the
information required by Section 11-8-3.B of this Title and the
following additional information:
3
(1) The number of chickens to be kept.
(2) A detailed sketch plan of the property drawn to scale
including, but not limited to, the location and
dimensions of the coop and run.
(3) Specifications for the coop and run including, but not
limited to, dimensions, exterior finish materials and
construction methods.
(4) Any other information the Zoning Administrator deems
necessary to evaluate the application for compliance
with the requirements of this Section and the City
Code.
c. An administrative permit approved in accordance with this
Section shall not be transferred to another owner upon the
sale or change in occupancy of the property to which it is
issued and shall not be transferred to another property.
2. Performance Standards:
a. The owner of the chickens must occupy the premises for
which the administrative permit is issued.
b. Chickens:
(1) The maximum number of chickens allowed to be kept
on a property shall be two (2) chickens.
(2) The keeping of roosters is prohibited.
c. A structure for housing the chickens herein defined as a coop
and outdoor exercise area herein defined as a run shall be
provided for the keeping of chickens in accordance with
requirements for accessory buildings in Sections 11-18-7 and
fences in 11-21-5 of this Title and the following requirements:
(1) Area:
(a) The interior floor space of the coop shall provide
a minimum of two (2) square feet for each
chicken authorized by the administrative permit.
(b) The coop shall not exceed two hundred (200)
square feet in area.
4
(2) The exterior finish of the coop shall be wood provided
that the surfaces are painted or stained for exterior use
or the wood is of proven durability for exterior use, such
as cedar, redwood, or cypress.
(3) The coop shall be winterized so as to provide
protection for the chickens during winter.
(4) A run with sides and overhead fully enclosed by
fencing or wire mesh or netting with a minimum area of
five (5) square feet and maximum area of twenty (20)
square feet per chicken authorized by the
administrative permit shall be provided and attached to
the coop so as to provide controlled access between
the coop and run.
(5) The construction of and materials used for the coop
and run must be adequate to prevent access by
predators and vermin.
(6) Location:
(a) The coop and run shall be located only within a
rear yard as defined by this title.
(b) The coop and run shall be setback a minimum
of twenty (20) feet from any lot line.
(c) The coop and run shall not be located within a
drainage and utility easement.
(d) The coop and run shall be located closer to the
principal dwelling upon the property to which the
administrative permit is issued than any other
residential dwelling on an abutting property.
d. Chickens shall be confined inside of a coop from sunset to
sunrise each day to prevent attracting predators and minimize
nuisance noise.
e. All feed for chickens shall be stored inside of an enclosed
structure or within a watertight and vermin proof container.
f. Waste:
(1) The chicken coop and run shall be kept in a sanitary
and odor free condition, including the regular and
5
frequent removal, storage in a leak proof container,
and proper disposal of any accumulated feces or waste
that may create a hazard to public health, safety, and
welfare.
(2) Feces, discarded feed, and chicken carcasses shall be
not be composted or buried upon the property.
g. Prohibited Activities:
(1) No chicken shall be permitted to roam freely in any
area not on the premises to which an administrative
permit has been issued in accordance with this section.
(2) Chickens shall not be kept or allowed at any time within
a residential dwelling or accessory structure other than
a coop allowed by this section.
(3) Eggs from chickens kept upon the property to which
the administrative permit is issued are for personal use
and consumption by the occupants and shall not be
offered for sale or sold.
(4) The slaughtering of chickens upon a residential
property is prohibited.
(5) Chickens shall not be kept for breeding purposes.
3. Administration and Enforcement:
a. The administrative permit shall be administered in accordance
with Section 11-8-3.D of this title.
b. The premises, including the chicken coop and run, for which
a permit is issued in accordance with this section shall at all
reasonable times be open to inspection by community service
officers, the zoning administrator, or other city official to
determine compliance with the requirements of the
administrative permit, this section, or other provisions of the
Zoning Ordinance and City Code relating to public health,
safety, and welfare.
Motor Salvage Auctions. The City has been approached in the past regarding development of
a large site as a motor vehicle salvage auction location on properties zoned I-2, General
Industrial District. Such a use involves outdoor storage of damaged, inoperable, or salvage
motor vehicles being sold at retail or wholesale by insurance companies. Chapter 6, Section 2
regulates junked/dismantled motor vehicles within the City including a definition of an
6
automobile graveyard and junk motor vehicle together with performance standards that
include compliance with the Zoning Ordinance and a prohibition on outdoor storage.
However, as Section 11-87-9.B of the Zoning Ordinance allows outdoor storage as a principal
use within the I-2 District by approval of an interim use permit, the City Attorney has advised
that an auto salvage auction would be considered under this provision. In that development
of a motor vehicle salvage auction would not be consistent with the City’s economic
development goals to increase employment opportunities, expand tax base and that the use
has potential negative effects to the environment or surrounding properties, City staff is
recommending the Zoning Ordinance address this use more specifically. It is recommended
that the Zoning Ordinance (and City Code) be updated to include a definition of motor vehicle
salvage yards that includes auction activities. The use would not be listed as a permitted,
conditional or interim use within any zoning district making it prohibited in accordance with
Section 11-1-9 of the Zoning Ordinance. We further recommend that the allowance of outdoor
storage as a principal use be amended to state that the provision applies only to uses not
specifically defined by the Zoning Ordinance to close an unintended loop hole. We offer the
following language:
4-1-6: JUNK MOTOR VEHICLES: The keeping of junk motor vehicles
except as allowed by this Code is hereby declared to be a nuisance subject
to administrative, civil, and/or criminal enforcement actions by the City.
11-2-3:
MOTOR VEHICLE SALVAGE YARD: Any tract of land upon which two (2)
or more junk motor vehicles are kept and shall include any building,
structure, or enclosure used or intended for use as part of the equipment of
such motor vehicle salvage yard, including uses involved in wholesale or
retail sale or auction of junk motor vehicles or junk motor vehicle parts.
JUNK MOTOR VEHICLE: Any motor vehicle which is not in a condition for
legal operation upon public streets or is partially dismantled, or which is
used for the sale of parts or as a source of repair or replacement parts for
other vehicles, or which is kept for scrapping, dismantling or salvage of any
kind, or which is not properly licensed for operation within the state of
Minnesota, except seasonal service vehicles, where license is required for
part of the year only.
11-85-9/11-86-9/11-87-9:
C. Outdoor storage as a principal use for uses other than those
specifically defined by this title, provided that:
1. The storage area is fenced and screened from view of
neighboring residential uses, abutting residential districts and
the public right-of-way in compliance with section 11-21-9of
this title.
7
2. The storage area is surfaced with asphalt, concrete or pavers
to control dust.
3. The storage area does not take up parking space as required
for conformity to chapter 19 of this title.
4. The storage does not include any waste, except as provided
in section 11-18-11 of this title.
5. The interim use permit shall terminate upon a change of
occupancy or other date as determined by the City Council in
accordance with section 11-5-7 of this title.
CONCLUSION
City staff is seeking input and direction regarding the additional Zoning Ordinance update topics
outlined herein prior to drafting formal amendments for consideration at a public hearing to be
scheduled for a future Planning Commission meeting.
c. Justin Miller, City Administrator
David Olson, Community and Economic Development Director
Zachary Johnson, City Engineer
Andrea McDowell-Poehler, City Attorney
URBAN CHICKEN SURVEY
Regulations and
Cities
Apple
Valley
Farmington
Burnsville Eagan Bloomington Woodbury Maple
Grove
Eden Prairie Minnetonka Plymouth
Chickens
Allowed in
R Districts
No
SF and TF
Lots Only
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Hens Only (no.
allowed)
N/A
Yes (3)
Yes (4)
Yes (5)
Yes (4)
N/A
24
Yes(4)
5 /half acre
N/A
Restricted to
Coop/Run
N/A
Yes
Yes
Yes/fenced yard
Yes
N/A
N/A
Yes
Yes
N/A
Setback
Standards
N/A
One coop/run
25 ft setback to
any other home
and 10 feet
from property
lines. Max coop
ht. 6 feet. Min.
4 foot screening
fence
Coop or run min.
50 ft. from
adjacent
residential bldg.,
10 ft. from
property lines.
Not allowed in
side or front
yards
Min. 25 ft
separation from
any home. 10 ft
min side/rear
setback
Min. 50 feet from
any lot line
N/A
N/A
Side/rear yard
only, setback
minimum 10ft.
from property
line and 50ft.
from adjacent
homes
Not allowed in
front yard.
Appropriate size
required and
fencing is
required. Min.
setback of house
and not less than
10 feet.
N/A
Slaughtering
N/A
No
No
No
No
N/A
N/A
No
N/A
N/A
Min. Lot Size N/A 10,000 sf No N/A No N/A 1.0 acre N/A N/A N/A
Building Size
and
Construction
N/A
Min. 10sf per
chicken max.
6ft tall
Max. 10 sf per
chicken. Max. 6
feet tall.
Min. 2sf per
chicken, 5 sf per
run. Quality,
durable exterior
materials
required
Coop run max. 20
square feet per
bird. Max. 120 sf
and 6 feet in
height
N/A
N/A
Min.
4sf./chicken
N/A
N/A
Screening
N/A
Min. 4 ft fence
to screen
coop/run
Min. 4 foot tall
fence or
landscaping
N/A
Min. 4 foot solid
fence to screen
abutting
residential
N/A
N/A
No
No
N/A
Permit or
License Req.
N/A
Permit
License
Permit
No
N/A
No
Yes
No
N/A
Other Special
Restrictions
N/A
Owner must
reside on the
premises
None
Owner must
reside on
premises. Permit
not transferable.
Eggs for
personal
consumption
only
Single or two
family lots only.
No advertising
egg sales
N/A
1 acre min
residential or
ag properties
N/A
N/A
On rural zoned
property only
Staff
Enforcement
N/A
Annual
Inspections
Required
Animal Control
Animal Control
Zoning
Enforcement
N/A
Animal
Control
Police
Dept.
City Department
of Health
N/A
Prepared by: Frank Dempsey, Associate Planner (revised 3/14/14) / The Planning Company LLC (revised 7 February 2018)