HomeMy WebLinkAboutUA Agenda Packet 102621
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
October 26, 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 Consent Agenda Items
A.Approve Minutes of September 28, 2021, Special Meeting
B.Approve the 2022 Urban Affairs Regular Meeting Calendar, in
Accordance with Adopted Policy, on the Fourth Tuesday of Each Month
Beginning at 6:00 p.m.
4.Action Items
A.Urban Affairs Advisory C ommittee Animal Ordinance Recommendations
5.Other Business
A.Tentative Schedule for Next UA Committee Meeting
Tuesday, J anuary 25th, 2022 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 :October 26, 2021
S E C T I O N:A pprove Consent
Agenda I tems
Description:
A pprove Minutes of September 28, 2021, S pecial Meeting
S taff Contact:
B reanna Vincent, Planning Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Approve Minutes of September 28, 2021, Special Meeting
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.
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Minutes
CITY OF APPLE VALLEY
URBAN AFFAIRS SPECIAL ADVISORY COMMITTEE MINUTES
September 28, 2021
1. CALL TO ORDER
The City of Apple Valley Urban Affairs Advisory Committee meeting was called to order by
Chair Sharon Schwartz at 6:00 p.m.
Members Present: Sharon Schwartz, Pamela Sohlberg, Walton Mahlum,
Linda Blake, and Sandy Breuer
Members Absent: John Vegter, Ann Ahrens
Staff Present: Bruce Nordquist, Community Development Director, Alex Sharpe,
Planner/Economic Development Specialist
2. APPROVAL OF AGENDA
Chair Schwartz asked if there were any changes to the agenda.
MOTION: Breuer moved, seconded by Sohlberg, approving the agenda. Ayes - 5 -
Nays - 0.
3. APPROVAL OF MINUTES – August 24, 2021
Chair Schwartz asked if there were any changes to the minutes.
MOTION: Mahlum moved, seconded by Sohlberg, approving the minutes of the meeting
of August 24, 2021. Ayes - 5 - Nays – 0
Linda Blake arrived at 6:10 p.m.
4. ACTION ITEMS
A.Public Hearing on Draft Animal Ordinance
Planner Alex Sharpe briefly presented on the staff report materials.
Chair Schwartz asked if the figures in the reports included planned developments
Planner Sharpe stated that it does include planned developments but only the single
family properties and also does not include the residential flex zone that was created for
the Apple Valley golf course. It does include property that is less than 5000 sq. ft. feet
and may not be buildable.
Urban Affairs Minutes
September 28, 2021
2
Commissioner Mahlum asked if City staff can just show up to a resident’s property for an
inspection or does staff make an appointment?
Planner Sharpe stated out of courtesy the City would notify the resident of the intent to
enter their property given a permit has been applied for or issued. Staff is only on the
property for the purpose of the chicken coops. Code Enforcement wouldn’t be there for
any other purpose.
Chair Schwartz wanted to double check that the permit is applied for by the resident not
the property.
Planner Sharpe said yes the permit did not run with the land but with the resident.
Chair Schwartz expressed her concern that one member of a family will get the permit
and if it needs to be revoked another member of the family can get the permit. How do
we stop that from happening?
Planner Sharpe believes the city ordinance covers extreme cases of multiple family
members trying to get permits after being revoked. The revocation ordinance was added
because of the public hearing comments but no other changes were added.
Staff Recommended Action by Chair Schwartz
Motion: Staff is directed to amend the current draft ordinance to include language
from the City Attorney memo preventing an applicant from re-applying for a
permit to keep chickens for 3-years if their permit is revoked by City Council
MOTION: Sohlberg, seconded by Mahlum Ayes - 5 Nays – 0.
Planner Sharpe mentioned that bedding material was mentioned at the public hearing.
Other cities do not have required bedding materials. Staff recommends including
bedding materials in a best practice handout. No Committee action was required for the
draft ordinance.
Commissioner Mahlum asked if they could see the best practice manual before it was sent
to the City Council
Planner Sharpe stated that the handout would be created if an ordinance amendment is
adopted. The committee can be sent the materials for the handout but typically these
types of documents are created administratively. A draft version could be sent to the
committee but the committee would typically not meet to discuss an informational
handout.
Chair Schwartz asked how often the bedding needs to be changed or cleaned.
Urban Affairs Minutes
September 28, 2021
3
Planner Sharpe stated that other cities ordinances did not include timeframes for how
often the bedding must be changed. However the ordinance does include the provision
that the coop be kept clean in order to prevent odors.
On the topic of roofing materials, no questions and no action was required by the
committee.
On the topic of allowing free range movement, existing language in the draft ordinance
does not allow free range.
Discussion followed with Commissioner Mahlum moved seconded by Sohlberg to not
allow free range movements. Breuer opposed, seeking a fenced in area as long as an adult
is present.
Chair Schwartz asked how tall the fences have to be.
Planner Sharpe stated that the ordinance did not include a minimum fence height but
stated that the chickens shall be contained and unable to escape.
Commissioner Breuer said that letting the chickens be in a fenced in yard with an adult
enables the family to have a bond with the chickens.
Chair Schwartz reiterated that the chickens are not pets they are farm animals.
Discussion followed on free range and chickens being more than just farm animals to
families.
MOTION: Retain the existing language that requires chickens to be kept in the
coop/run at all times. Ayes - 3 Nays - 2
Staff reviewed information from the Minnesota State Veterinarian and confirmed small
flock vaccination is not recommended and no actions are required by the Committee.
Future next steps discussed.
Commissioner Mahlum asked if what was discussed in the meeting could possibly be
changed by the Planning Commission. He asked what the Planning Commission’s role
was.
Planner Sharpe stated that the Planning Commission’s role is as advisors on land use
issues of the draft ordinance. The Commission is the City’s experts on this. They may
choose to make additional recommendations to City Council on land use related items.
Urban Affairs Minutes
September 28, 2021
4
Community Director Nordquist discussed the timeframe of the Planning Commission and
the City Council discussing chickens. Discussions could go on into beginning of next
year.
Commissioner Mahlum asked if the draft ordinance 91.07 was new since it was
underlined.
Planner Sharpe said the section in 91.07 is not new text but that the order of the
ordinance had been altered because of additional language added. This is common in
larger ordinances as any new language can affect older sections which now need new
numbering.
Community Director Nordquist clarified what is in the ordinance.
Commissioner Breuer asked how to participate in the future meetings
Planner Sharpe gave her the options on how to participate in the upcoming meetings and
the difference in informal meetings and the formal meetings.
5. OTHER BUSINESS
A. Next Urban Affairs meeting is scheduled for Tuesday, October 26, 2021 at 6 PM.
6. ADJOURN
Hearing no further comments from the Urban Affairs Advisory Committee, Chair Schwartz
asked for a motion to adjourn.
MOTION: Sohlberg moved, seconded by Mahlum to adjourn the meeting at 6:53 p.m.
Ayes - 5- Nays - 0.
Respectfully Submitted,
__________________________________________________
Alex Sharpe, Planning and Economic Development Specialist
Approved by the Urban Affairs Advisory Committee
on 10/26/2021 . Sharon Schwartz, Chair
I T E M: 3.B.
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 :October 26, 2021
S E C T I O N:A pprove Consent
Agenda I tems
Description:
A pprove the 2022 Urban Affairs Regular Meeting Calendar, in Accordance with Adopted P olicy,
on the F ourth Tuesday of Each Month Beginning at 6:00 p.m.
S taff Contact:
B reanna Vincent, Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
1. Approve the 2022 Urban Affairs meeting calendar.
2. Approve a start time of 6:00 p.m. for each meeting.
S UM M ARY:
Prior to the end of each year, commissions and committees are asked to establish a calendar
of public meetings for the following year. Urban Affairs is somewhat unique in that their
responsibility is to perform as an ad hoc committee on topics as directed by the City
Council. T he most recent assignment was to consider the keeping of chickens and
recommend draft city ordinance changes if chickens should be permitted. Other items that
involved Urban Affairs have included topics related to sustainability, regulating the use of
temporary flexible dumpsters, the placement of temporary health care dwellings, zoned refuse
hauling, and the parking and storage of recreational vehicles on residential property.
Many commissions and committees meet at 7:00 p.m. on the scheduled meeting day. Urban
Affairs has consistently met at 6:00 p.m. for several years and the 2022 calendar continues
that scheduled time. Because of the ad hoc nature of the Urban Affairs Advisory C ommittee,
meetings without assigned topic direction from the C ity Council will be cancelled.
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Calendar
APPLE VALLEY
URBAN AFFAIRS ADVISORY COMMITTEE
2022 MEETING CALENDAR
Meetings, when scheduled, are held on the fourth Tuesday of each month
at 6:00 p.m. at the Apple Valley Municipal Center, 7100-147th Street West.
Urban Affairs is an adhoc committee meeting at the direction of the City Council
concerning topics as assigned.
MEETING DATE
January 25, 2022
February 22, 2022
March 22, 2022
April 26, 2022
May 24, 2022
June 28, 2022
July 26, 2022
August 23, 2022
September 27, 2022
October 25, 2022
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 :October 26, 2021
S E C T I O N:A ction I tems
Description:
Urban Affairs Advisory Committee A nimal Ordinance Recommendations
S taff Contact:
B ruce Nordquist, Community Development Director and
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:
T he C ommittee is asked to respond to the following two actions related to the draft animal
ordinance:
1. Recommend the keeping of chickens in Apple Valley; voting in favor or not.
2. Recommend the draft animal ordinance amendments prepared by the Urban Affairs
Advisory Committee, subject to lot size and setback review by the Planning
Commission, should the keeping of chickens be allowed.
S UM M ARY:
T he City of Apple Valley amended C hapter 91 of C ity C ode in 2014 to regulate the keeping
of a variety of animals. By definition, a farm animal is kept for agricultural purposes.
Examples include horses, cattle, goats, pigs, sheep, and bees. Farm poultry is kept for
agricultural purposes. Examples include chickens, ducks, geese, turkeys, pigeons and doves.
Every year since 2014, staff receives multiple calls requesting that the C ity Code be
amended to allow chickens. To a lessor extent, some residents request a broader change to
the C ity C ode to allow bees, pigs and goats. A ll past requests have been denied by staff
given the Code clarity. T hese options are not allowed. In the intervening years, subsequent to
the Apple Valley actions, most cities in the seven county Twin Cities area have acted in
support of chickens and sometimes bees. Maple Grove and Woodbury do not allow farm
animals and poultry on regular residential lots. At least 65 other communities, including our
neighboring communities in Dakota C ounty, allow the keeping of chickens.
In November 2020, a petition was submitted to the City in support of the keeping of
chickens. T he primary location for the gathering of signatures included the weekly St. Paul
Growers Association Farmer's Market and Pahl's Market. T he C ity C ouncil directed the
Urban Affairs Advisory C ommittee and staff to consider the request. T he petition represents
169 Apple Valley households in support of chickens.
Since February of 2021, the Urban Affairs Advisory C ommittee, an adhoc committee that
makes recommendations to the City Council, was assigned and routinely met on the topic of
allowing chickens to be kept in residential areas. Guiding the evaluation was U of M
agricultural extension experts, best practice examples from other cities, other city ordinance
examples, and feedback from residents at public hearings that were announced on the City
website. Feature articles were also reported in the Dakota County Tribune.
T he process has attracted both those in support and those opposed to the keeping of
chickens. T he draft Animal Ordinance was prepared by the C ity A ttorney as guided by
Urban Affairs and staff if the keeping of chickens is supported. Given that two specific land
use related items are included in the draft, lot size and setback considerations,
recommendations will come from the Planning Commission related to those topics to the City
Council.
T he following represents a summarized representation of multiple messages to Urban Affairs,
the Planning C ommission and staff that shares support and opposition to chickens:
T hose in support of the keeping of chickens provide the following feedback:
1. Residents want to keep chickens.
2. By petition, chickens should be allowed in residential areas and reasonably regulated as
to care, sanitation practices, no roosters and like other pet requirements.
3. Chickens should not require neighbor approval as that approval is not required for other
pets. (Legal counsel has requested to staff that the ordinance not include an approval
requirement from neighbors).
4. Chickens don't smell or make noise.
5. Chickens offer a nurturing environment for special needs children, those seeking to
introduce "circle of life" discussion to the family and foster "bonding" experiences for a
family.
6. Locally sourced supply of eggs is made possible.
T hose opposed to the keeping of chickens provide the following feedback:
1. We are opposed to chickens because agricultural locations have systematically been
developed over several years to become more urban, suburban residential areas.
2. According to the Minnesota Board of Animal Health, chickens are livestock, not pets.
3. Residents should not become farmers; raising farm animals in the city.
4. Chicken feces and coops/runs smell. T he odor is not confined to the one property where
permitted.
5. Single-family lots are not large enough to accommodate this change.
6. Patios, decks and open windows are enjoyed in the summer and chickens make noise
and smell.
7. Grew up in a rural area and moved to Apple Valley because of the suburban amenities I
sought. If living next to farm animals was sought, I would have stayed on the farm.
8. Chicken predators include both the wild and domestic; dogs, cats, hawks, fox and
coyote.
9. Egg sources already exist in Apple Valley.
10. Chickens are just an initial action to requests for more farm animal and farm poultry
choices.
11. Lot size does matter and both larger and smaller lots are grouped together throughout
the City and inseparable as a policy.
12. T he decision was made in 2014 that chickens are agricultural animals.
B AC K G RO UND:
T he UA A C has held seven meetings researching the keeping of chickens and developed a
draft ordinance. At the meeting on 9/28/21 the committee completed their work on the draft
ordinance which is summarized below. T he actions requested at this meeting is to provide a
recommendation to the C ity C ouncil on whether the current animal ordinance should be
amended to allow for chickens to be kept on single-family properties within the City. And,
does the committee recommend the draft ordinance prepared from the C ommittee's guidance.
Ordinance Summary
T he following is a bulleted list of the ordinance provisions for reference.
Chickens allowed on all single-family properties. (Further review underway with the
Planning C ommission).
Roosters and butchering are prohibited.
A total of five hens are permitted.
10' side and rear setbacks are required. T he coop must be closer to the subject parcel's
home than any neighboring home.
A permit is required to keep chickens. T he permit must include a site plan, building
materials, and allows for City inspection.
T he coop must be constructed of materials of the same standard as other accessory
structures and counts towards the total number of accessory structures on the lot.
T he coop is required to have a full roof, but the run may be enclosed by chain link or
other permitted material.
If a permit is revoked by the City C ouncil the applicant cannot reapply for a permit to
keep chickens for three years.
Coop waste must be disposed of by a licensed trash hauler and shall not be composted
on site.
Chickens must be kept in the coop/run at all times. C hickens shall not be permitted to
roam on the subject property as it negates the setback requirements.
T he Planning Commission is also reviewing the draft ordinance where it relates to land use as
the C ommission is the C ity's advisor on land use. T he draft ordinance does not alter any
ordinance in the C ity's zoning code but does impact land use in the following ways:
Setbacks, the Planning C ommission has offered feedback that a 20 ft. side setback
could further distance possible nuisance conditions.
Lot area, given all 11,000 single family lots have a variable size and location intermixed
with both larger and smaller lots, it is difficult to differentiate a size at less than 1/2
acre.
Accessory structure requirements, as the coop/run is a structure.
Impervious surface coverage, as the coop/run has a roof and is considered a structure.
T he Planning C ommission has discussed these items at their public hearing on October 20,
2021. T he C ommission's recommendations will be sent to the City Council with those made
by the UA A C. T he attachments include maps that further describe the discussion.
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Ordinance
Map
Map
Map
Exhibit
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.
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(5) The applicant or owner of the premises 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.
(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.
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(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.
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(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
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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.
APPLE VALLEY AGRICULTURE ZONING DISTRICTS
Legend
-Zone A-Ag Residen1ial (9)
Chickens are currently allowed
in the "A" (Agriculture) zoning district.
Legend
Zone PD Res'l Parcels (2,606)
Zone R-CL Parcels (411)
Zone R3 Parcels (7,572)
Zone R2 Parcels (255)
Zone R1 Parcels (167)
Zone A-Ag Residential (9)
DRAFT ORDINANCE SINGLE FAMILY ZONING DISTRICTS
Legend
Parcels Over 40,000 (292)
Parcels 30,000 to 40,000 (268)
Parcels 20000 to 30000 (1,160)
Parcels 15000 to 20000 (2,273)
Parcels 10000 to 15000 (5,613)
Parcels Less 10000 (1,467)
INVENTORY OF SINGLE FAMILY LOT AREAS
Single-Family Lots By Sq. Ft.
Lot Sq. ft. Acre Total Number of Lots Percentage of Total Grouped
Lots Less than 10,000 sq.
ft. less than .229 1467 12.75% 12.75%
10,000 - 10,999 sq. ft. .23 - .253 744 6.76%
50.99%
11,000 - 11,999 sq. ft. .252 - .275 1709 15.52%
12,000 - 12, 999 sq. ft. .276 - .298 1257 11.42%
13,000 - 13,999 sq. ft. .299 - .321 1021 9.27%
14,000 - 14,999 sq. ft. .322 -.344 882 8.01%
15,000 - 15,999 sq. ft .344 -.367 718 6.52%
20.65%
16,000 - 16,999 sq. ft .368 - .390 525 4.77%
17,000 - 17,999 sq. ft. .390 - .413 380 3.45%
18,000 - 18,999 sq. ft. .414 - .436 357 3.24%
19,000 - 19,999 sq. ft. .437 - .459 293 2.66%
20,000 - 20,999 sq. ft. .460 - .482 239 2.17%
10.54%
21,000 - 21,999 sq. ft. .483 - .505 192 1.74%
22,000 - 22,999 sq. ft. .506 - .527 144 1.31%
23,000 - 23,999 sq. ft. .526 - .550 131 1.19%
24,000 - 24,999 sq. ft. .551 - .574 110 1.00%
25,000 - 25,999 sq. ft. .575 - .597 110 1.00%
26,000- 26,999 sq. ft. .598 - .619 77 0.70%
27,000 - 27,999 sq. ft. .620 - .642 48 0.44%
28,000 - 28,999 sq. ft. .643 - .665 58 0.53%
29,000 - 29,999 sq. ft. .666 - 688 51 0.46%
30,000 - 30,999 sq. ft. .689 - .711 36 0.33%
2.43%
31,000 - 31,999 sq. ft. .712 - .734 33 0.30%
32,000 - 32,999 sq. ft. .735 - .757 38 0.35%
33,000 - 33,999 sq. ft. .758 - .780 28 0.25%
34,000 - 34,999 sq. ft. .781 - .803 24 0.22%
35,000 - 35,999 sq. ft. .804 - .826 23 0.21%
36,000 - 36,999 sq. ft. .827 - .849 22 0.20%
37,000 - 37,999 sq. ft. .850 - .872 23 0.21%
38,000 - 38,999 sq. ft. .873 - .895 13 0.12%
39,000 - 39,999 sq. ft. .896 - .918 28 0.25%
40,000 - 40,999 sq. ft. .919 - .941 13 0.12%
2.64% 41,000 - 41,999 sq. ft. .942 - .964 12 0.11%
42,000 - 42,999 sq. ft. .965 - .987 16 0.15%
43,000 - 43,560 + sq. ft. 1 Acre + 250 2.27%
Total 11073 100.00% 100%
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 :October 26, 2021
S E C T I O N:Other Business
Description:
Tentative Schedule for Next UA Committee Meeting
S taff Contact:
B reanna Vincent, 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 Tuesday, J anuary 25th, 2022 at 6:00 p.m.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A