HomeMy WebLinkAboutUA Agenda Packet 092821
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
September 28, 2021
URBA N A FFA IRS A D VISO RY C O MMIT T EE SPEC IA L MEET IN G
T EN TAT IVE A G EN D A
6:00 P M
1.Call to Order
2.Approve Agenda
3.Approve Minutes
A.Approve Minutes of August 24, 2021, Special Meeting
4.Action Items
A.Animal Ordinance Discussion Following Previous Public Hearing
C omments
5.Other Business
A.Tentative Schedule for Next UA Committee Meeting
Tuesday, October 26, 2021, at 6:00 p.m.
6.Adjourn
I T E M: 3.A.
UR B A N A F FA I R S A D V I S O RY ME E T I NG D AT E:September 28, 2021
S E C T I O N:A pprove Minutes
Description:
A pprove Minutes of A ugust 24, 2021, Special Meeting
S taff Contact:
Carol Kovacic, Planning Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Approve minutes of special meeting of August 24, 2021.
S UM M ARY:
T he minutes of the Urban A ffairs Advisory C ommittee meeting are attached for your review
and approval.
B AC K G RO UND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Minutes
I T E M: 4.A.
UR B A N A F FA I R S A D V I S O RY ME E T I NG D AT E:September 28, 2021
S E C T I O N:A ction I tems
Description:
A nimal Ordinance Discussion F ollowing Previous Public Hearing Comments
S taff Contact:
A lex Sharpe, Planning and Economic Dev. S pec.
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
With a series of motions, authorize staff to further amend the draft animal ordinance to:
1. Include preventing an applicant for a permit from applying for three years if a prior
permit has been revoked by C ity Council.
2. Not permit chickens outside of the coop/run.
3. Take no additional action in the draft ordinance related to:
1. Vaccination of chickens
2. Bedding, except as a best practice reference
3. Retain chain link covering on the run as a best practice.
S UM M ARY:
T he Urban Affairs A dvisory C ommittee conducted a public hearing on Tuesday, August 24th
concerning a draft ordinance amendment addition that would allow the keeping of chickens in
single-family residential areas. Approximately 20 attended the public hearing and eight
attended virtually. T he feedback from those testifying at the public hearing focused both on
the ordinance draft and support or opposition to keeping chickens. Comments are
summarized here and further discussed in the background section of the staff report.
Permit holders should have a 3-strike provision; and loss of permit should nuisances
continue to occur?
T here may be a preferred, and not desirable, bedding material to consider?
T he type of cover for the run; as a roof or a minimum of a protective mesh being a best
practice?
Free range allowed at limited times with adult present and a fenced yard?
Are there best practices for vaccinating birds to prevent diseases from spreading to the
commercial poultry industry?
An anticipated process of dates/meetings/actions contemplated through the end of the
year.
As part of that process, a public hearing is being planned with the Planning C ommission for
Wednesday October 20 at 7:00 p.m. to discuss their feedback about minimum lot size and
finalizing single family zoning districts that would be allowed to keep chickens. Setbacks and
separation of uses would also be revisited. Planned Development (PD) Districts, in
particular, tend to have smaller lots and therefore have closer proximity to the keeping of
chickens and the impact from nuisance conditions.
At the the public hearing on August 24, ten individuals testified to Urban Affairs from Apple
Valley, sharing feedback on the draft ordinance and their position on chickens. Eight
supported the keeping of chickens. Two were opposed to the keeping of chickens. Since an
article appeared August 13 in the Dakota County Tribune on the review of the animal
ordinance, staff has also received 14 emails in opposition to the keeping of chickens.
Staff has also gone back to the petition in support of chickens received in November 2020:
T here were 250 signatures.
223 reside in Apple Valley (27 were from neighboring communities).
169 households are represented by reported address (entire household members
including parents and children signing in some instances).
All signatures were reportedly sourced from multiple visits at the A pple Valley Farmers
Market in the fall of 2020 by volunteers in support of keeping chickens.
As staff prepares for upcoming Planning Commission meetings, there will be a closer look at
the 11,009 single family lots that potentially could keep chickens. focus on lot size, building
coverage ratios, and setbacks.
B AC K G RO UND:
P ublic Hearing Comments and Staff Responses
A memo from the C ity Attorney is attached to this report that provides additional ordinance
language, and responses to public comments.
Hearing C omment: How will the C ity confirm compliance of coops/runs when they are
installed/permitted?
Staff Response: The draf t ordinance requires a permit to keep chickens that shall include a
site plan which contains the location of the coop/run, setbacks, distances f rom neighboring
structures, and inf ormation on the materials. Applicants will be required to submit photos
of the f inished product to ensure materials are in compliance and setbacks are met, which is
common with other permits of this type. If compliance issues occur, Code Enf orcement staff
are authorized to enter the property through the permit process to ensure the coop/run is
installed per the submitted permit materials.
Committee Action:
T here are no actions required by the C ommittee for this item.
Hearing C omment: How will the C ity address non-compliance and enforcement?
If a nuisance is found, can the ordinance allow for prompt removal or compliance?
Staff Response: A memo f rom the C ity Attorney is attached to this report which outlines the
code enf orcement process in greater detail. The C ity Attorney f inds that the current draf t
language does not require an amendment.
The C ity has three processes to address complaints. First, if a complaint is received, C ode
Enforcement will f ollow-up with site visits as necessary, determine code violations that exist
and send an enf orcement letter with a deadline f or compliance with the City C ode. Once
concerns are addressed, the case is closed. Failure to comply and repeat of f enses puts the
permit at risk of being reconsidered and may lead to other legal action. The second is an
internal administrative process, where the permit to keep chickens can be revoked by action
of the C ity C ouncil. If a permit is revoked the chickens and the coop/run must be removed
f rom the subject property. This response can be completed promptly if compliance is not
achieved. The third process involves the court system in a criminal process that involves
additional time granted through the due process procedures. These actions can occur
simultaneously.
Additionally, the C ity Attorney has provided draf t language that the C ommittee may add to
the ordinance by motion that would prevent an applicant that has had their permit revoked
by the C ity C ouncil f rom applying f or a permit f or three years. As this is an applicant
based approach it would apply to any property owned by the applicant within the C ity.
Committee Action:
T he C ommittee is asked to direct staff to either retain the existing draft ordinance as written,
or amend the draft to include provisions preventing an applicant from applying for a permit
for three years if their permit to keep chickens is revoked.
Hearing C omment: Are there preferred coop bedding materials that could reduce odors?
Staff Response: Research on bedding materials has f ound that chipped pine or cedar can
result in reduced odors. However, staff has not noted any ordinance by a city that includes
a bedding material provision. Staf f recommends this inf ormation be included in the best
practice resources and educational materials that will be developed and made available to
residents.
Committee Action
T he C ommittee can by motion direct staff to retain the existing draft as written without
referencing bedding in the ordinance.
Hearing Comment: What roofing materials are permitted for the chicken run? C an chain
link, or other materials that allow sunlight into the run be permitted?
Staff Response: The current draf t ordinance requires the run to include a roof per the
recommendation f rom the University of Minnesota Extension. The current draf t allows the
roof of the run to be chain-link or other suitable material that meets accessory structure
requirements. Staf f research f ound that all surrounding communities allow the run to be
constructed with a material such as chain link to allow sunlight into the run. The coop must
also include a roof , but this roof must be of solid materials.
Committee Action
No changes are required to the draft ordinance to allow this, therefore no action by the
Committee is required.
Hearing Comment: T he current ordinance does not permit chickens outside of the coop or
run. Do other cities allow chickens outside of the run if the yard is fenced or an adult is
present?
Staff Response: Staf f recommends that chickens not be allowed outside of the coop/run area
and transported in a carrying cage if removed f rom the area. Urban Af f airs has spent
considerable time evaluating the land use aspects to the keeping of chickens. It has been
determined by Urban Af f airs during several meetings that containment within prescribed
setbacks is an essential consideration to reducing nuisance conditions with neighboring
property. The nature of “f ree range” counters the requirements f or established setbacks
and the keeping and caring f or the chickens in the coop/run. Also, as mentioned elsewhere
in the staf f report, the S tate Senior Veterinarian has reminded staf f that chickens should be
treated as livestock, not pets. Staf f researched surrounding communities and f ound that the
number of communities which allow chickens to be f ree-range or require the chickens to be
in the coop/run at all times are evenly split. These findings are shared below:
City - Free Range Permitted?
Bloomington - No, chickens must be kept in coop or run at all times.
Burnsville - No, chickens must be kept in coop or run at all times.
Eagan - Yes, within fenced or "contained" area.
Inver Grove Heights - No, chickens must be kept in coop or run at all times.
Lakeville - Yes chickens may be in yard but must be kept in the coop or run from sunset to
sunrise.
Plymouth - Yes, but must be supervised.
Rosemount - Yes, allowed outside of the coop/run for "short periods of exercise in a fenced
area."
West St. Paul - Yes, within a contained area.
Woodbury - C urrently only permitted in agricultural zones. Ordinance review likely to begin
in fall 2021.
The City Attorney's memo discusses options the Committee can consider.
1. Staff is recommending retaining the existing language that requires chickens to be kept
in the coop/run at all times.
2. Allow chickens outside of the coop/run, if the yard is f enced and the design of the
f ence prevents a chicken f rom leaving the premises. This action ignores stated
setbacks.
3. Allow chickens outside of the coop/run, if under the direct supervision of an adult and
the yard is f enced and designed to prevent a chicken from leaving the premises. This
action ignores stated setbacks
The C ity Attorney advised that chickens should not be permitted outside of the coop/run if
there was not a f enced area to prevent the chickens f rom leaving the premises as this would
directly impact neighboring properties.
Committee Action
Staff recommends retaining the existing language in the draft ordinance.
Hearing C omment: Should the City require chickens to be vaccinated to prevent diseases
from spreading to the state's commercial poultry farms/operations?
Staff Response: S taf f contacted the the Minnesota Board of Animal Health, specif ically the
State of Minnesota's Senior Veterinarian, Shauna Voss to query whether vaccinations are a
recommended requirement, and if so which vaccines are suggested.
The State of Minnesota's of f icial policy statement is that Cities should not require
vaccinations f or small-f lock back yard chicken operations. Large f locks, such as commercial
f arms are required to vaccinate their f owl f or a wide range of diseases. These requirements
change over time depending on the diseases present in the state. Dr. Voss recommended
that small f lock owners ensure they purchase birds from a reputable dealer that does
vaccinate their flock, but this is more f or human health than to protect the chicken and
turkey industry in the state. She also suggested that the City note in promotional materials
that chickens should be treated as livestock, and not pets. The state tracks salmonella and
other f owl related outbreaks. C hickens that are treated as pets are signif icantly more likely
to spread disease and sickness than those which are managed as livestock; ref erenced as
f arm poultry in the present animal ordinance.
Committee Action
T here are not actions required by the C ommittee for this item.
Public C omment: What is the timeline and next steps for the ordinance review?
Staff Response: The Committee's action is to finalize the draft ordinance and provide
direction on f inalizing the draf t ordinance. Urban Af fairs meets once monthly at 6:00 p.m.
on the f ourth Tuesday. When the draf t ordinance is completed, a recommendation will be
f orwarded to the C ity Council f or consideration. The Planning Commission is holding a
public hearing on October 20, 2021 at 7:00 p.m. to review zoning and setbacks within the
draft ordinance as these subjects are related to land use. The Planning C ommission with
then provide the City C ouncil with a recommendation on land use related provisions of the
draft ordinance. It is planned that the City C ouncil will review the recommendations of
Urban Af fairs and the Planning Commission by the end of 2021.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Ordinance
Memo
1
CITY OF APPLE VALLEY
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, REVISING
CHAPTER 91 OF THE CITY CODE REGULATING ANIMALS BY
ESTABLISHING PERMITTING REQUIREMENTS AND REGULATIONS FOR
THE KEEPING OF CHICKENS WITHIN THE CITY
The City Council of Apple Valley ordains:
Section 1. Chapter 91 of the Apple Valley City Code is amended by adding to Section
91.01 the following definitions to be alphabetized with the existing definitions and to read as
follows:
§ 91.01 DEFINITIONS.
* * * *
CHICK. A chicken between the age of 0 to 4 weeks.
CHICKEN. Fowl of the genus Gallus and species Gallus domesticus that is commonly
referred to as domesticated fowl.
CHICKEN COOP. Any structure used for the housing of chickens.
CHICKEN RUN. A outdoor area for the keeping and exercising of chickens.
ROOSTER. A male chicken.
Section 2. Chapter 91 of the Apple Valley City Code is amended by revising Section
91.06(D)(1) to read as follows:
§ 91.06 ANIMALS WITHIN CITY LIMITS.
* * * *
(D) Keeping of certain animals prohibited.
(1) Prohibited animals. No person shall keep, maintain or harbor within the city
any of the following animals:
(a) Any animal or species prohibited by Minnesota or federal law.
(b) Farm poultry or farm animal, except in the following cases:
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1. Farm poultry or farm animals may be kept on property zoned
for agricultural uses.
2. Horses may be kept on property zoned R-1 Single Family
Residential (minimum lot size of 40,000 sq. ft.).
3. Chickens when kept in compliance with this chapter.
Section 3. Chapter 91 of the Apple Valley City Code is amended by adding Section
91.07 to read as follows:
§ 91.07 KEEPING OF CHICKENS.
(A) Chicken permit required. It is unlawful for any person to keep, harbor, maintain,
possess, or otherwise control any chicken within the city, except:
(1) On property zoned for agricultural uses (A);
(2) A chick kept for educational purposes on property zoned for institutional
uses (P); or
(3) Pursuant to a permit issued by the city under this subdivision on a property
zoned R-1, R-2, or R-3, or on a property designated for one family detached dwelling within a
planned development.
(B) Permit application and fees. An application for a permit hereunder shall be filed
with the Community Development Director or his/her designee upon an application form
furnished by the city. The permit fee, which shall be paid and filed with the permit application,
shall be in an amount established by City Council resolution. A permit issued hereunder shall be
for the duration of two years from the date of issuance. The initial permit application shall
include, but not be limited to, the following:
(1) The full name and address of the following persons:
(a) The applicant signed thereto; and
(b) The owner(s) of the premises on which chickens are sought to be kept
and for which the permit would apply.
(2) The street address of the premises on which chickens are sought to be kept.
(3) The number of chickens sought to be kept on the premises up to a maximum
of five.
(4) A detailed sketch plan of the premises on which chickens are sought to be
kept. The sketch plan shall include: the location of the residence on the premises; the location of
accessory structures on the premises; and the location, dimensions, and design of the chicken
coop and chicken run and setbacks to the side and rear property lines. The information regarding
3
the coop and run shall establish compliance with the chicken coop and chicken run specifications
provided in this subdivision.
(5) A statement certifying whether the property's homeowners' association rules,
if any, prohibit the keeping of chickens on the property for which the application is sought.
(6) If the applicant is not the fee owner of the premises on which the chickens
are sought to be kept and for which the permit would apply, the application shall be signed by all
fee owners of the premises.
(7) Any other and further information the city deems necessary.
(C) Permit renewal application. At least 30 days prior to the expiration of the current
permit, the applicant shall file with the Community Development Director or his/her designee on
a form prepared by the city an application for permit renewal. There shall not be a fee for a
timely filed application for permit renewal. The renewal permit application shall include, but not
be limited to, the following:
(1) The number of chickens the applicant currently maintains on the property;
(2) Confirmation that the chicken coop and chicken run remain in the same
location on the premises. If the applicant seeks to move the location of the structure, the
applicant shall file an initial permit application and pay the permit fee therefor; and
(3) Any other and further information the city deems necessary.
(D) Granting or denying issuance of permit. The Community Development Director or
his/her designee may grant an initial or renewal permit under this subdivision; however, a permit
may not be issued or renewed unless the application filed demonstrates compliance with the
requirements of this subdivision. A permit shall not be issued or renewed until the city inspects
and approve the premises, including the chicken coop and chicken run, at which chickens are
sought to be kept. At the city’s discretion, the inspection may occur through the review of
documentation and photos specified by the city. The Community Development Director or
his/her designee shall deny a permit hereunder for any of the following reasons:
(1) The application is incomplete or contains false, fraudulent or deceptive
statements.
(2) The applicant does not or has not complied with one or more of the
provisions of this subdivision.
(3) The premises for which the permit is sought, including, but not limited to, the
proposed or existing chicken coop or chicken run, is not in compliance with any provisions of
this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building
or safety.
(4) The proposed chicken coop or chicken run would result in a violation of or
be inconsistent with the accessory structure zoning regulations elsewhere in this Code.
4
(5) The applicant or owner of the premises where the chickens are to be kept has
been convicted of a violation under this subdivision or a similar regulation of this state or
political subdivision thereof.
(6) The applicant does not own or lease the chickens proposed to be kept on the
premises.
(7) The applicant is not the occupant of the premises for which the permit is
sought to be issued.
(E) Conditions of permit. A permit granted under this subdivision shall be subject to the
following conditions:
(1) Occupancy. The owner of the chickens must occupy the premises for which
the permit is issued;
(2) Inspection. The premises, including the chicken coop and chicken run
thereon, for which a permit is issued shall at all reasonable times be open to inspection by the
Community Development Director or his/her designee or any other city official to determine
compliance with this subdivision, other City Code provisions and state laws relating to zoning,
health, fire, building or safety;
(3) Transferability of permit. A permit issued hereunder shall be
nontransferable. It is unlawful to keep, harbor, maintain, possess, or otherwise control any
chicken on property that is not identified on the permit.
(4) Specifications for chicken feed. All feed for the chickens shall be stored in
metal, water-tight, vermin-proof containers with properly fitting lids.
(5) Specifications of chicken coop and chicken run. A chicken coop and chicken
run are required. The construction and location of the chicken coop and chicken run shall be in
compliance with the applicable building and zoning regulations of the city and the following
requirements:
(a) The interior floor space of the chicken coop shall be a minimum size
of five square feet for each chicken authorized under the permit.
(b) The chicken coop and chicken run shall be professionally constructed
or of similar construction standards and materials. The exterior finish materials of the chicken
coop shall be: (i) weather-resistant, protective covering material, decay-resistant wood, or if
exterior finish wood is not decay resistant, then the wood finish shall be protected from the
elements and decay by paint or protective covering (e.g., siding, fascia wrap); and (ii) in
accordance with the accessory structure regulations set forth in the zoning regulations in this
Code.
(c) The construction of and materials used for the chicken coop and
chicken run must be adequate to prevent access by rodents.
5
(d) The chicken run shall be attached to the chicken coop. The chicken
coop and run shall be deemed as a single accessory structure and subject to the accessory
structure regulations set forth in the zoning regulations of this Code.
(e) The floor area of the chicken run shall be a minimum size of ten
square feet for each chicken authorized under the permit.
(f) The total square footage of the chicken coop and chicken run shall not
exceed 100 square feet.
(g) The chicken run shall be fully enclosed by fencing or other similar
material and may include a roof instead of fencing over the top of the run.
(h) The chicken coop and chicken run shall be located on the premises in
compliance with the following setbacks: (i) at least ten feet from the rear lot line; (ii) at least ten
feet from the side lot lines; (iii) the chicken coop and chicken run shall be closer to the residence
on the permitted property than an inhabitable building on a neighboring property.
(i) The chicken coop and chicken run, or any portion thereof, shall not be
located in the front yard, which is defined as any area located between the front lot line and the
front setback line or front building line, whichever is further from the front lot line, running from
side lot line to side lot line.
(j) The chicken coop and chicken run shall be kept in good repair as to be
in compliance with the property maintenance regulations elsewhere in this Code.
(k) The chicken coop and chicken run shall be kept in a sanitary and
odor-free condition, including the regular and frequent removal and proper disposal of any
accumulated chicken feces or waste, dirt or filth that could create a safety or health hazard.
Composting of chicken feces and waste is prohibited.
(l) The chicken coop and chicken run shall be immediately removed
when: (i) a permit granted under this subdivision expires or is revoked; or (ii) when the chicken
coop and chicken run are no longer used for harboring chickens.
(m) Supplying electricity to the chicken coop or chicken run by extension
cord is not permitted. A separate electrical permit shall be required to install a supply of
electricity to the chicken coop or chicken run.
(6) Regulations. The keeping, harboring, maintaining, or possessing of any
chicken under a permit issued pursuant to this subdivision shall be in accordance with the
following:
(a) No more than five chickens shall be kept or harbored on the premises
to which the permit applies.
(b) Roosters are prohibited.
6
(c) Slaughtering of chickens on any property zoned for residential or
institutional use is prohibited.
(d) No chickens shall be kept, maintained, housed or permitted inside any
residential dwelling or any garage.
(e) Chickens shall be kept in the chicken coop or chicken run at all times.
When transferring a chicken into or out of the coop or run, the chicken shall be transported in a
fully enclosed container such as a cage.
(f) Chickens shall not be kept in such a manner as to constitute a public
nuisance. Any violation of the provisions of this subdivision shall be deemed a public nuisance.
(g) No chicken eggs shall be sold or offered for sale; all chicken eggs
shall be for personal use or consumption.
(7) Revocation of permit. A violation of any provision of this subdivision or any
provisions of the permit issued hereunder shall constitute grounds for revocation of a permit.
Section 4. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. _____” a copy of which is attached hereto
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and such summary will clearly inform the public of the
intent and effect of the ordinance.
Section 5. Filing. A copy of the ordinance shall be filed in the office of the City Clerk.
This copy shall be available for inspection by any persons during regular office hours.
Section 6. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice that a printed copy of the
ordinance is available for inspection by any person during regular office hours at the Office of the
City Clerk.
Section 7. Effective date. This ordinance shall take effect upon its passage and the
publication of its title and the official summary.
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PASSED by the City Council this ____ day of ________, 2021.
Clint Hooppaw, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
8
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, REVISING
CHAPTER 91 OF THE CITY CODE REGULATING ANIMALS BY
ESTABLISHING PERMITTING REQUIREMENTS AND REGULATIONS FOR
THE KEEPING OF CHICKENS WITHIN THE CITY.
The following is the official summary of Ordinance No. ____ passed by the City Council of Apple
Valley on _________________, 2021:
Chapter 91 of the City Code is revised to add chicken related definitions and to permit
the keeping of up to five chickens on property zoned “R-1,” “R-2,” or “R-3,” or on
property designated for one family detached dwelling within a planned
development, subject to regulations and a two year permit. Chapter 91 of the City
Code is amended to permit the keeping of a chick for educational purposes on
property zoned “P” for institutional uses.
A printed copy of the ordinance is available for inspection by any person during regular office
hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W.,
Apple Valley, Minnesota 55124.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 953-8835 Direct
(962) 432-3136 Office
(952) 432-3780 Fax
rbies@dmshb.com Email
www.dmshb.com
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MEMORANDUM
To: Alex Sharpe, Planning & Economic Development Specialist
From: Ryan J. Bies, Assistant City Attorney
Date: September 21, 2021
Re: Options for modifications to the ordinance authorizing the keeping chickens within the City.
______________________________________________________________________________
Following public comment before the Urban Affairs Advisory Committee, the City requested
optional changes in the language for the ordinance authorizing the keeping chickens within the City.
The discussion of the topics and optional changes in language are as follows:
REVOCATION OF PERMIT
There was concern regarding the City’s ability to quickly address properties that are not incompliance with
the chicken permit requirements. If a property owner refuses to bring their property into compliance, the City
may revoke the permit administratively. If the permit is revoked, the proposed language of the ordinance
requires the removal of the chicken coop and run. No changes are required to incorporate into the ordinance
the ability to administratively revoke the permit.
The permit holder could also be cited for a criminal violation of the City Code. The criminal process is
separate from the process to administratively revoke the permit. A criminal conviction is not required to
revoke the permit. Further, the administrative revocation could move forward whether or not the City cited
the permit holder with a violation of the City Code.
On a related topic, there was a request for a restriction to preclude a person from obtaining a new permit after
the City revoked the person’s permit to keep chickens. Subdivision 91.07(D) contains the conditions which
require the denial of a permit application. Currently, 91.07(D)(5) requires the denial of a permit application
when the person has been convicted of a violation under the section, but this language could be expanded to
make it so that the City was required to deny an application when the applicant or property owner previously
violated the provisions of the section. This expanded language (underlined) is as follows:
(5) The applicant or owner of the premises where the chickens are to be keptat which the permit is
to be used has violated this section within the previous three (3) years of the date of the application
for permit..has been convicted of a violation under this subdivision or a similar regulation of this state
or political subdivision thereof.
The number of years for the duration is just a suggestion.
September 23, 2021
Page 2 of 2
www.dmshb.com
CHICKENS OUTSIDE OF THE COOP AND RUN
Proposed section 91.07(E)(6)(e) requires chickens to be kept in the coop or run at all times except
when transported in a cage. There was a request for optional language to allow chickens outside
of the coop and run. I am including below the current language as well as optional language
(underlined) to modify the language of the proposed ordinance. The current language is as follows:
(e) Chickens shall be kept in the chicken coop or chicken run at all times. When
transferring a chicken into or out of the coop or run, the chicken shall be transported in a
fully enclosed container such as a cage.
Optional language expanding the current language is as follows:
(e) Chickens shall be kept in the chicken coop or chicken run at all times except as follows:
(i) The chickens may freely roam within the yard on the permitted premises if the
yard is enclosed by a fence in accordance with the fence regulations set forth in the zoning
regulations of this Code and which by material and design prevents a chicken from leaving
the premises; or
Or as a second option for (i)
(i) The chickens may freely roam within the yard on the permitted premises if
under the supervision of a person of at least 18 years of age and the yard is enclosed by a
fence in accordance with the fence regulations set forth in the zoning regulations of this
Code and which by material and design prevents a chicken from leaving the premises; or
(ii) When transferring a chicken into or out of the coop or run the fenced portion of
the yard, the chicken shall be transported in a fully enclosed container such as a cage.
BEDDING MATERIAL
The ordinance does not contain a requirement for a specific type of bedding for the chickens.
There was a request for language requiring wood-based bedding. The bedding related language
could be added to 91.07(E)(5)(k). I underlined the new language as follows:
(k) The chicken coop and chicken run shall be kept in a sanitary and odor-free condition,
including the regular and frequent removal and proper disposal of any accumulated chicken feces
or waste, dirt or filth that could create a safety or health hazard. The bedding material in the
chicken coop shall be comprised of chipped pine or cedar wood. Composting of chicken feces and
waste is prohibited.
Please let me know if any other changes are requested.
Ryan Bies
I T E M: 5.A.
UR B A N A F FA I R S A D V I S O RY ME E T I NG D AT E:September 28, 2021
S E C T I O N:Other Business
Description:
Tentative Schedule for Next UA Committee Meeting
S taff Contact:
Carol Kovacic, Planning Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
T he Urban Affairs Advisory C ommittee will meet the fourth Tuesday of each month on an
as-needed basis.
S UM M ARY:
T he next meeting is tentatively scheduled for October, 26, 2021.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A