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HomeMy WebLinkAboutItem 10 Date: Item No. ORDINANCE AMENDING TITLES 4 AND 11 OF THE CITY CODE AND SUMMARY ORDINANCE FOR PUBLICATION Proposed Action Staff recommends adoption of the following motion: Move to approve an ordinance amending Titles 4 and 11 of the City Code and the summary ordinance for publication. Overview Planning Department staff recommends approval of an ordinance amending Titles 4 and 11 of the City Code. The proposed ordinance is Phase 2 of the 2018 annual review and update of the Zoning Ordinance and it includes amendments that would: 1) preclude motor vehicle salvage auction uses, and 2) allow the keeping of chickens on urban residential properties. The Planning Commission held a public hearing on the Phase 2 Zoning Ordinance amendment at their June 7, 2018 meeting. There was public comment from one Lakeville resident in support of the keeping of chickens on urban residential properties. The Planning Commission separated their recommendation on the proposed ordinance amendment into two motions. They unanimously recommended approval of the amendment concerning motor vehicle salvage auction uses. The motion to approve the keeping of chickens on urban residential properties failed on a 3 (ayes) to 4 (nays) vote. Primary Issues to Consider • What is the process for keeping chickens on urban residential properties if the ordinance is approved? Supporting Information • Staff response to primary issues • Ordinance (clean and redlined) amending Titles 4 and 11 of the City Code • Summary Ordinance for Publication • June 7, 2018 draft Planning Commission meeting minutes • May 31, 2018 planning report Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Daryl Morey, Planning Director July 2, 2018 City Code Staff Response to Primary Issues to Consider • What is the process for keeping chickens on urban residential properties if the ordinance is approved? If approved by the City Council, property owners would have to apply for a one-time administrative permit and comply with the performance standards approved with the Zoning Ordinance amendment. On-going compliance with the performance standards would be on a complaint basis and would be inspected by Planning Department staff. While the Planning Commission did not recommend approval of the ordinance amendment to allow the keeping of chickens on urban residential properties, they did state that they felt the performance standards prepared by staff were the best possible standards they could forward to the City Council for their consideration on this matter. If the City Council chooses to vote on the keeping of chickens on urban residential properties separately from the motor vehicle salvage auction use provisions, they could pull Section 3 of the proposed ordinance out for a separate vote. 1 ORDINANCE NO.________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 4-1-6 of the Lakeville City Code (Nuisances – Public Nuisances Defined) is hereby amended to add the following definition: JUNK MOTOR VEHICLES: The keeping of junk motor vehicles defined by and 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. Section 2. Section 11-2-3 of the Lakeville City Code (Zoning Ordinance - Definitions) is hereby amended to add the following definitions: MOTOR VEHICLE SALVAGE YARD: Any tract of land upon which two (2) or more junk motor vehicles are kept outside, 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. Section 3. Section 11-35-3 of the Lakeville City Code (Animals - ) is hereby amended to add the following provisions: 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 2 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: (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 three (3) 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: 3 (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 thirty two (32) square feet in area. (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 4 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 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 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. 5 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. Section 4. Section 11-85-9.C of the Lakeville City Code (I-CBD District – Interim Uses) is hereby repealed in its entirely with subsequent sections renumbered accordingly. Section 5. Section 11-86-9.C of the Lakeville City Code (I-1 District – Interim Uses) is hereby is hereby repealed in its entirely with subsequent sections renumbered accordingly. Section 6. Section 11-87-9.C of the Lakeville City Code (I-2 District – Interim Uses) is hereby is hereby repealed in its entirely with subsequent sections renumbered accordingly: Section 7. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this 2nd day of July, 2018. CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST BY: ________________________ Charlene Friedges, City Clerk 1 ORDINANCE NO.________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 4-1-6 of the Lakeville City Code (Nuisances – Public Nuisances Defined) is hereby amended to add the following definition: JUNK MOTOR VEHICLES: The keeping of junk motor vehicles defined by and 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. Section 2. Section 11-2-3 of the Lakeville City Code (Zoning Ordinance - Definitions) is hereby amended to add the following definitions: MOTOR VEHICLE SALVAGE YARD: Any tract of land upon which two (2) or more junk motor vehicles are kept outside, 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. Section 3. Section 11-35-3 of the Lakeville City Code (Animals - ) is hereby amended to add the following provisions: 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 2 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: (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 three (3) 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: 3 (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 thirty two (32) square feet in area. (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 4 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 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 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. 5 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. Section 4. Section 11-85-9.C of the Lakeville City Code (I-CBD District – Interim Uses) is hereby repealed in its entirely with subsequent sections renumbered accordingly: C. Outdoor storage as a principal use for uses, 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 11-21-9 of this title. 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. Section 5. Section 11-86-9.C of the Lakeville City Code (I-1 District – Interim Uses) is hereby is hereby repealed in its entirely with subsequent sections renumbered accordingly: C. Outdoor storage as a principal use for uses, 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 11-21-9 of this title. 6 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. Section 6. Section 11-87-9.C of the Lakeville City Code (I-2 District – Interim Uses) is hereby is hereby repealed in its entirely with subsequent sections renumbered accordingly: C. Outdoor storage as a principal use for uses, 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 11-21-9 of this title. 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. Section 7. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this 2nd day of July, 2018. 7 CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST BY: ________________________ Charlene Friedges, City Clerk SUMMARY ORDINANCE NO. ______ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLES 4 (HEALTH AND SANITATION) AND 11 (ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE This ordinance amends Titles 4 and 11 of the Lakeville City Code. Amendments have been made to the following chapters of the Lakeville City Code: Title 4 (Health and Sanitation) Chapter 1-6 (Nuisances – Public Nuisances Defined) Title 11 (Zoning Ordinance) Chapter 2-3 (Definitions) Chapter 35-3 (Keeping Animals) Chapter 85-9 (I-CBD District – Interim Uses) Chapter 86-9 (I-1 District – Interim Uses) Chapter 87-9 (I-2 District – Interim Uses) A printed copy of the entire ordinance is available for inspection by any person during the City Clerk’s regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota this 2nd day of July 2018. CITY OF LAKEVILLE BY: _________________________ Douglas P. Anderson, Mayor ATTEST: _________________________ Charlene Friedges, City Clerk 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 MEMORANDUM TO: Daryl Morey FROM: D. Daniel Licht, AICP DATE: 31 May 2018 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 that was discussed at another work session on 3 May 2018. Exhibits:  Draft ordinance amendment  3 May 2018 Planning Commission Work Session Minutes  Survey of urban chicken regulations  University of Minnesota Backyard Chicken Information ANALYSIS 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. 2 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 with 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. The Planning Commission continues to have concerns about allowing chickens within residential districts. If keeping of chickens is to be allowed, the Planning Commission’s recommendation is that the number of chickens be limited to three hens and that comprehensive performance standards be adopted. The Planning Commission also indicated a willingness to review the number of hens allowed and performance standards as part of future Zoning Ordinance updates as necessary based on actual implementation and administration of the proposed ordinance, if approved by the City Council. The key provisions of the proposed Zoning Ordinance amendment pertaining to the keeping of chickens are as follows:  The administrative permit would be valid for one year and eligible for renewal with an application submitted 30 days prior to expiration of the current permit.  The owner of the chickens must be an occupant of the property to which the administrative permit is issued.  A maximum of three hens are allowed and roosters are prohibited. The chickens must be kept within a coop from sunset to sunrise to prevent attracting predators and minimize nuisance noise issues.  A coop constructed out of wood materials with a minimum of two square feet of area per chicken is required with a maximum size of 32 square feet. An attached run enclosed by fencing must also be provided with a maximum area of 20 square feet.  The coop and run must be in a rear yard, setback 20 feet from all lot lines, located closer to the owner’s dwelling than any other dwelling, not within a drainage and utility easement, and screened from view of adjacent properties.  Feed and waste must be maintained so as not to cause nuisance conditions, attract vermin or create any other risk to public health safety and welfare. 3  Chickens cannot be kept for breeding purposes, eggs cannot be sold, and the chickens cannot be slaughtered on the property.  The provisions include an inspection requirement allowing the City Community Service Officer, Zoning Administrator or other official access to the property to verify compliance. 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 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. The Planning Commission discussed making allowance for auto salvage businesses but limiting the use to indoor activities only. City staff discussed this concept further but does not recommend this approach to address this type of business. CONCLUSION The Planning Commission will consider the proposed amendments outlined on the attached draft City Code/Zoning Ordinance amendment at public hearing to be held on 7 June 2018. City staff recommends approval of the proposed amendments as presented. c. Justin Miller, City Administrator David Olson, Community and Economic Development Director Zachary Johnson, City Engineer Andrea McDowell-Poehler, City Attorney 1 ORDINANCE NO.________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 4-1-6 of the Lakeville City Code (Nuisances – Public Nuisances Defined) is hereby amended to add the following definition: JUNK MOTOR VEHICLES: The keeping of junk motor vehicles defined by and 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. Section 2. Section 11-2-3 of the Lakeville City Code (Zoning Ordinance - Definitions) is hereby amended to add the following definitions: 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. Section 3. Section 11-35-3 of the Lakeville City Code (Keeping Animals) is hereby amended to add the following provisions: 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 2 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: (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 three (3) 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: 3 (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 thirty two (32) square feet in area. (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 4 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 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 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. 5 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. Section 5. Section 11-85-9.C of the Lakeville City Code (I-CBD District – Interim Uses) is hereby amended to read as follows: 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 11-21-9 of this title. 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. Section 6. Section 11-86-9.C of the Lakeville City Code (I-1 District – Interim Uses) is hereby amended to read as follows: 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 6 the public right-of-way in compliance with section 11-21-9 of this title. 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. Section 7. Section 11-87-9.C of the Lakeville City Code (I-2 District – Interim Uses) is hereby amended to read as follows: 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 11-21-9 of this title. 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. Section 8. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this ______ day of ______________, 2018. 7 CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST BY: ________________________ Charlene Friedges, City Clerk 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)