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Staff Reports
Staff Reports CITY OF Chi 4B SHOREWOOD 5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 • 952.960.7900 III www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Marie Darling, Planning Director MEETING DATE: March 1, 2022 RE: Draft Text Amendments for Urban Farm Animals Proposed Ordinance Amendments The proposed ordinance amendments: 1. Add new definitions of enclosure/run and urban farm birds. 2. Add requirements that urban farm bird enclosures/run and shelters must be fully enclosed or covered with nets. 3. Add a greater setback for bird enclosures/runs and shelters to increase the distance from the enclosures to side property lines. 4. Amend regulations that don't need to apply to rabbits or bees. 5. Add a means to revoke and deny permits. The memo from the February 15, 2022 Planning Commission meeting is attached for background on the Council direction on this amendment. At that meeting, the Commission reviewed the proposed amendments and made recommendations that staff should: • Remove the limit on the number of animals based on lot size because the greater setbacks and full enclosures would be adequate to reduce the impacts without an additional limit on the number of animals below six per property or not permitting people on smaller properties from having chickens. • Review the language in the denial of permits section and revise as necessary to make sure penalties apply to permits in that section. • Research what would be the status of permanent enclosures used as shelters for urban farm birds that could not be moved to meet the new setback. If the structure was permitted as part of a previous animal permit and is permanent secured to the ground and therefore unable to be moved, if would be considered legally nonconforming. All other structures must be moved to comply with the new setback. Public Hearing Staff request the Commission review the amendments, hold a public hearing, take all public testimony and make a recommendation to the City Council on the amendments. Notice of the public hearing was Page 2 published in the official newspapers at least 10 days prior to the public hearing and mailed to all urban farm animal permit holders. ATTACHMENTS: Planning Commission memo from the February 15, 2022 meeting City Council memo from November 22, 2022 meeting Draft Ordinance Draft ORDINANCE CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE APPROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 705 (FARM AND OTHER ANIMALS) Section 1: City Code Chapter 705.09 (Farm Animals) Subd. 2 is hereby amended as follows: Language underlined is proposed for insertion and language stricken is proposed for deletion 705.01 PURPOSE. The purpose of this chapter is to establish regulations and controls regarding the keeping of animals other than domestic pets, such as dogs and cats, within the city limits. 705.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AUTHORIZED CITY PERSONNEL. The Chief of Police, the health authority, their designees, and other personnel assisting in the enforcement of this chapter. ENCLOSURE/RUN. An enclosed area where animals can roam unsupervised which may or may not be attached to the shelter coop or hutch MALTREATED ANIMAL. An animal that has not been given adequate food, water or proper shelter from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment, or that has been subjected to the conduct prohibited by M.S. § 343.21. NUISANCE ANIMAL. An animal, conditions caused by an animal, or the improper care and maintenance of an animal that result in running at large, offensive odor, excessive noise or damage to property, so as to disturb the rights of or threaten the safety of a member of the general public, or interfere with the ordinary use and enjoyment of their property. OWNER. A person owning, keeping, harboring or acting as custodian of an animal. All adult occupants of the property where the animal resides or is kept are considered an OWNER or OWNERS. PERSON. An individual, firm, partnership or corporation. PREMISES. A building, structure, shelter or land where an animal is kept or confined. RURAL FARM ANIMAL. Cattle, mules, sheep, goats, swine, llamas, ostriches, emus, and including, but not limited to, other animals typically maintained in a farm setting, but not in an urban setting. UNDER RESTRAINT. An animal being within a private motor vehicle of a person owning, harboring or keeping the animal; or controlled by a leash not exceeding six feet in length. URBAN FARM ANIMAL. Ducks, geese, turkeys, chickens, guinea hens, bees and rabbits. URBAN FARM BIRDS. Ducks,geese, turkeys, chickens or guinea hens VETERINARY HOSPITAL. A place for the treatment, hospitalization, surgery, care and boarding of animals and birds, under the direction of one or more licensed veterinarians. WILD ANIMAL. Any of the following: a. Front-fanged venomous snakes, including the Viperidae and Elapidae families of snakes, such as rattlesnakes and cobras; b. Snakes over eight feet in length; c. Reptiles that have the physical ability as adults to cause substantial bodily injury, as defined in M.S. § 609.02, Subd. 7a, to humans and/or domestic animals, such as python snakes and crocodilians; d. Animals that can transmit rabies and cannot be vaccinated against rabies; e. Mammals that, as a breed, are considered wild by nature because of breeding, history, character, habit or disposition; and f. Mammals that have at least 25% of their heritage from mammals specified in paragraph e. above. g. Specifically, such animals as a wolf, fox, skunk, raccoon, mink, bobcat, deer and monkey, but not including a fish, bird, ferret, hamster or gerbil. 705.03 ENFORCEMENT. The Chief of Police or designees will enforce the provisions of this chapter, with the assistance of other personnel when appropriate. 705.04 RIGHT OF ENTRY. Authorized city personnel have the right to enter upon a premises at reasonable times for the purpose of discharging their duties imposed by this chapter, when there is reasonable belief that a violation of this chapter has been committed. 705.05 IMPOUNDING OF ANIMALS. Subd. 1. Seizure and impoundment. Authorized city personnel may seize and impound an animal found to be in violation of this chapter. These personnel may enter onto private property to seize and impound animals when: a. They have a reasonable and immediate concern for the animal's health, safety or welfare; b. They have a reasonable and immediate concern for the health and safety of human beings or other animals as a result of the animal's continued presence on the property; or c. They have reasonable cause to believe that a violation of this chapter has occurred or is occurring, and that seizure is necessary to prevent further violation, but only after a reasonable effort has been made to contact an occupant of the property. Subd. 2. Interference. A person must not interfere with authorized city personnel impounding an animal, nor refuse to surrender an animal to these personnel. Subd. 3. Cost of impoundment. The animal owner is responsible for the costs of impounding and housing an impounded animal. 705.06 HEALTH AND MAINTENANCE STANDARDS. Subd. 1. Health standards. The owner of an animal kept in the city must comply with the following standards. a. An animal kept outdoors or in an unheated enclosure must be provided with adequate shelter and bedding to protect it from the sun, rain, snow and temperatures below 50°F. b. The shelter must include a moisture-proof and windproof structure of suitable size to allow the animal to stand in an upright position, and to lie down stretched out so that no part of its body need touch the sides of the structure. The structure must be made of durable material sufficient to allow retention of body heat, with a solid floor raised at least two inches from the ground, and an entrance covered by a flexible windproof material or self-closing swinging door. The structure must be provided with sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets or the equivalent to provide insulation and protection against cold and dampness, and to promote retention of body heat. The structure must be structurally sound and maintained in good repair. c. In lieu of the requirements of paragraphs a. and b., an animal may be provided with access to a barn with a sufficient quantity of loose hay or bedding, and protection against cold and dampness. d. If an animal is confined by a chain, the chain must be so attached that it cannot become entangled with the chains of other animals or other objects. A chain must be of a size adequate to restrain the animal involved, and must be attached to the animal by means of a well-fitted collar. The collar must be large enough to allow free breathing, but small enough to avoid being easily pulled over the animal's head. A chain must be at least three times the length of the animal, as measured from the tip of its nose to the base of its tail. e. An animal must be provided with sufficient food and water to meet necessary nutritional requirements. f. No person shall deposit or cause to be deposited upon any lot or in any street, alley, lake, river or other body of water, sewer or manhole, or bury or conceal in any way, a dead animal or part thereof. The owner or other person having charge of an animal at the time of its death shall remove or cause to be removed the dead body of such animal within 24 hours after death to a crematory, sanitary landfill, rendering factory or any other place approved by the Chief of Police or his or her designee. Subd. 2. Maintenance standards. An owner of an animal kept in the city must comply with the standards below. An action to enforce the provisions of this chapter shall follow the procedures set forth in Chapter 104 of this code. a. An owner must maintain an animal and the area where it is kept so that no odor that offends the senses of a reasonable person is detected, for more than one day, off the property where the animal is kept. b. An owner must maintain the property where the animal is kept so that there is no erosion, and no drainage of water contaminated by the animal onto adjacent properties or into public waters or wetlands. c. An owner must manage the feces and other bodily wastes from the animal in a timely and sanitary manner that prevents health risks and prevents odors that are prohibited under paragraph a. above. d. All feed kept for animals shall be stored in animal-proof, galvanized containers. Subd. 3. Veterinary clinic with indoor overnight care and indoor kennels. In addition to the standards established under Subd. 1. above, veterinary clinics with indoor care and indoor kennels, where allowed by zoning, must comply with Minn. Rules Chapter 9100, as may be amended. 705.07 WILD ANIMALS Subd. 1. Wild animals prohibited. A person must not keep, own, harbor or otherwise possess a wild animal within the city, except as provided in Subd. 2. below. Subd. 2. Wild animals allowed. Wild animals may be brought into the city for the purpose of entertainment, education or display only by the following: a. A zoo operated by a governmental agency or a tax-exempt, non- profit corporation; b. The Department of Natural Resources; c. Another similar public educational or charitable organization; d. A circus; or e. A city-licensed pet shop. An organization listed above may bring a wild animal or animals into the city under this subdivision only if the organization can and does comply with the standards contained in Subd. 3. below. No organization covered by this subdivision may have wild animals within the city on more than seven days in a consecutive 12- month period, except that an organization listed above that has a wild animal within the city on the effective date of this section may continue to keep that animal as long as it lives, if the organization obtains a permit from the city and complies with the standards specified in Subd. 3. below. Subd. 3. Standards for keeping of wild animals. An organization that has a wild animal must comply with the following standards at all times that it possesses a wild animal within the city. a. A non-governmental organization must have liability insurance to cover potential personal injury or property damage caused by the animal(s), in an amount of at least $300,000 per person per occurrence. b. The animal(s) must be kept in a locked cage or other secure enclosure at all times when the public is allowed to be near it(them). c. The cage or enclosure must be constructed of sufficient materials so that a person, including a child, cannot put a finger, hand or another portion of the body into the cage or enclosure so that the animal(s) could touch it. Alternatively, structural barriers may be used to keep the public away from the cage or enclosure. d. Only personnel with adequate training or experience in handling wild animals may have contact with the animal(s) while in the city. e. The animal(s) must be transported to the display location in the city in a secure enclosure sufficient to prohibit potential contact with humans or other animals, except for the personnel identified under paragraph d. above. f. No sale of a wild animal(s) may occur, nor may orders for the sale of wild animals be taken. g. The display location must be inspected by authorized city personnel before the wild animal(s) may be brought into the city. h. Authorized city personnel must be allowed to periodically inspect the display location during reasonable hours while the animal(s) is(are) in the city. If a wild animal bites a person, the animal must be forfeited immediately to authorized city personnel for rabies testing. 705.08 FORFEITURE OF ANIMAL OWNERSHIP RIGHTS. Subd. 1. Forfeiture of rights. The ownership rights of a person owning the following types of animals may be forfeited to the city pursuant to the procedure in this section: a. A public nuisance animal; b. A wild animal; and c. A maltreated animal. In addition, the ownership rights with respect to other animals owned by the same owner may be forfeited if he or she has demonstrated an inability or unwillingness to properly care for or control such animals, in order to prevent any of them from becoming public nuisance or maltreated animals. Subd. 2. Notice. Authorized city personnel must notify the owner or apparent owner of the animal sought to be forfeited that the city intends to forfeit his or her ownership rights. The notice must be served on the owner personally or by registered mail. The notice must be in writing and state the reasons why forfeiture is sought, including a summary of applicable incidents. The notice must state that the owner has a right, within ten days after receiving the notice, to request a hearing before a Hearing Officer appointed under City Code Chapter 104. The request for a hearing must be in writing and must state the reason or reasons for the request. A failure to request the hearing will constitute an admission of the facts alleged in the notice, and the animal will be deemed forfeited to the city. Subd. 3. Findings of fact. If the owner requests a hearing, the hearing will be held in accordance with City Code Chapter 104. The Hearing Officer must make written findings of fact and reach a conclusion whether the allegations are true and whether the animal will be forfeited to the city. The findings and conclusions must be made within ten working days after the hearing and must be served on the owner personally or by registered mail. The decision of the Hearing Officer is final, but may be appealed by a writ of certiorari to the District Court. Subd. 4. Animal confinement. After receiving the forfeiture notice and during the forfeiture proceedings, the owner must keep the subject animal confined within his or her home or within a secure, covered enclosure. If the owner fails to do so, or if there is an immediate threat to public health or safety or to the animal's health or safety, authorized city personnel may immediately impound the animal and keep it at the impound facility, at the owner's expense, until a forfeiture determination has been made. Subd. 5. Forfeiture. If the animal is deemed or ordered forfeited, the owner must immediately give the animal to authorized city personnel, and a failure or refusal to do so is a misdemeanor. Authorized city personnel may use reasonable force and go onto private property to take the animal into custody. Subd. 6. Disposition of forfeited animal. Authorized city personnel will determine, on a case-by-case basis, whether forfeited animals are destroyed or given to new owners who will adequately care for and control them. 705.09 FARM ANIMALS. Subd. 1. Rural farm animals. Unless otherwise provided for, a person shall not keep, own, harbor or otherwise possess a rural farm animal within the city. Subd. 2. Urban farm animals. A person may own, keep, harbor or otherwise possess urban farm animals within the city in accordance with the provisions of this section. a. An urban farm animal may only be kept on properties zoned and used for single-family homes. The owner of the urban farm animals shall live in the dwelling on the property. b. An urban farm animal, including any enclosure and shelter, may only be kept in the buildable area of the rear yard of the property, as defined by the Zoning Code. Urban farm bird enclosures/runs and shelters shall be fully enclosed or covered with nets ar a minimum of 30 feet from side prop( 'ty lines c. An urban farm animal that is kept outside must be provided a shelter structure of appropriate size, that is accessible to the animal at all times as provided in § 705.06, Subd. 1. of this chapter. In additional to being located in the building buildable area of the lot rear yarn as required by paragraph b above, the shelter and any enclosure/run for urban farm birds must be situated closer to the animal owner's home than to any dwelling on an adjacent property. d. The urban farm animal, excluding bees, must be contained on the property by the use of a fence or other appropriate containment device or structure and all enclosures/runs, structures, or other containment devised must be kept in conformance with the regulations of Section 705.06 of this chapter. e. Roosters are not allowed. f. Culling urban farm animals for commercial purposes is prohibited. g. The ground or floor of the area where an urban farm animal (except bees) is kept must be covered with vegetation, concrete or other surface approved by the Planning Department, so that it can be, and is, sufficiently maintained to adequately dissipate offensive odors, in compliance with § 704.06, Subd. 2.a. and c. of this chapter. h. The combined number of chickens, ducks, geese, turkeys, guinea hens, or rabbits shall not exceed six. The number of bee hives shall not exceed four. j. Any person having more than the allowable number of animals set forth in paragraphs h. and i. above, at the time of the adoption of this chapter, shall not replace animals in excess of those limitations. k Subd. 3.. Permit issuance; fees; expiration; revocation. (1) Permit Required. No urban farm animal may be kept in the city until a permit to do so has been conditionally approved by the Zoning Administrator and issued by the office of the Building Official after the Building Official or staff representative has made an inspection of the property to ascertain that the premises comply with all requirements of this chapter. Detailed plans and specifications, accurate and drawn to scale, must be submitted with the application, including, but not limited to, the following: (a) Site plan showing the location and setbacks of existing and proposed buildings, fences and structures on the subject property, with dimensions to the property lines. (b) Architectural plans showing floor plans, building elevations and dimensions. (2) Fees. (a) The permit fee and other fees and charges set forth in this chapter shall be collected by the city before the issuance of any permits, and the Building Official, or other persons duly authorized to issue the permit for which the payment of a fee is required under the provisions of this chapter, may not issue a permit until the fees shall have been paid. (b) The City Council shall, from time to time, establish a fee within the city's master fee schedule. (3) Expiration of Permits. (a) The permit shall expire one year from the date the permit is issued. (b) A permit may be renewed according to the application process identified in subsection (1) above. (4) Denial of Permits. A request for a permit or permit renewal may be denied under the following circumstances: (a) The applicant fails to submit any of the materials or application fees required by this Chapter. (b) The materials submitted indicate improvements in violation of this Chapter. (c) The required inspection does not occur for three calendar months after the permit is issued. (d) Violations are found at the inspection that are not corrected as directed. (e) The property owner was informed of a violation on the property and the applicant failed to correct it as directed in Chapter 104.03 or multiple violations were noted on the property. (ef) The applicant has failed to comply with any condition set forth in any other permits under this section granted by the City of Shorewood. (fq) The applicant, or one acting in their behalf, made oral or written misstatements or misrepresentations accompanying the application. gh) The activities of the property owner create or have created a danger to the public health, safety or welfare. (5) Revocation of Permits. Any permit issued under this section may be revoked or suspended as a penalty for a violation of this Chapter or for violation of the following conditions. No suspension or revocation may take effect until the permittee has received notice of the revocation, either personally, by US mail or electronic mail. (a) The permittee has proven unable to keep or shelter the animals or maintain the property as required by city code and/or the regulations in this chapter. (db) As a result of the permitted activity, the property contains conditions that might injure or endanger the safety, health or welfare of neighboring property owners or any member of the public. (ec) The property owner has violated any regulation or provision of the Code applicable to the activity to which the license has been granted or any regulation or law of the state so applicable or has failed to pay any penalties required by this section and the master fee schedule. 705.10 PENALTY. Violation of this chapter shall be grounds for add€ enforcement pursuant to § 104.03 of this code )r revocation of permits as noted in Section 705.09 Subd. 3. NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 3. That Ordinance XXX Amending Shorewood City Code, Chapter 705, Farm and Other Animals has been hereby approved and adopted. Section 4. This Ordinance XXX adopting the Amendment to City Code, Chapter 705, Farm and Other Animals shall take effect upon publication in the City's official newspaper. 41 CITY OF 11 SHOREWOOD 5B mace 5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 • 952.960.7900 www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission FROM: Marie Darling, Planning Director MEETING DATE: February 15, 2022 RE: Draft Text Amendments for Urban Farm Animals Last September, the City Council adopted standards for the keeping and care of urban farm animals, but asked staff to research additional standards to reduce the negative impacts, primarily keeping birds on the owner's property. In November, staff presented information to the City Council and they directed staff to put the requirements into code format and review through the normal processes. Attached to this memo is the information sent to the City Council and proposed draft language. Please review the language and discuss concerns. Staff have set the public hearing for the March meeting, unless something in the meeting discussion impacts the review calendar. Proposed Ordinance Amendments The proposed ordinance amendments: 1. Add a new definition of enclosure/run and urban farm birds. 2. Add a requirement that urban farm bird enclosures/run and shelters must be fully enclosed or covered with nets. 3. Add a greater setback for bird enclosures/runs and shelters to increase the distance from the enclosures to side property lines. 4. Amend regulations that don't need to apply to rabbits or bees. 5. Limit urban farm birds to parcels of 1/2 acre or larger and allow fewer farm animals on parcels less than 1 acre. 6. Add a means to revoke and deny permits. Staff request the Commission discuss the amendments and provide initial comments. Staff has scheduled a public hearing for the March meeting to take public testimony. ATTACHMENTS: City Council Memo from November 22, 2021 Minutes from November 22, 2021 City Council meeting Draft Ordinance 7D vl ` MEETING TYPE _ REGULAR Cityof Shorewood Council Meeting Item . . .. .. . .. . .. ... .. .. . ........ . ...... .. ........ . . .... .. . ... ..... . .... . ........ ... .... .. ......... . . .. ... . ... . .. ... Title/Subject: Urban Farm Animals Discussion Meeting Date: November 22, 2021 Prepared By: Marie Darling, Planning Director Attachments: Potential Ordinance Amendments for Urban Farm Animals Background: In September of this year, the City Council adopted some additional standards for urban farm animals, but listened to concerns from residents regarding nuisance issues like chickens flying out of enclosures and escaping during coop cleanings, etc. Staff has researched means to contain chickens and other fowl. Below is a summary of the research and recommendations on how to proceed. Restrict lot size for fowl and increase setbacks to property lines for enclosures and coops. Staff re-reviewed many of our neighboring cities' ordinances for examples on lot area and setbacks to see how other cities regulate them. Minnetonka requires one acre to have any farm animals, including fowl. Chanhassen regulates the number of chickens based on the size of the lot—four for properties under an acre, eight on properties of 1 to 2.5 acres, etc. Setbacks vary by city, with suburban cities having greater setbacks than urban cities. See next page for a table summarizing the cities' setbacks. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. City Side abutting Side Rear Adjacent Water a street (2nd Home bodies front) Bloomington 50, but not in 30 30 50 front yards Chanhassen Same as 10 10 25 house Chaska Not in front 10 10 50 15 yard Eden Prairie Not in front 10 10 50 15, not in yards buffers Minneapolis Not in front 10 10 20 yards Minnetonka Not in front Farther yards than from owner's home Plymouth Not in front 20 20 Not in yard buffers Shakopee Not in front Not in side 10 50 yard yards Shorewood Not in front 10 (in rear Same as Farther yards yard) house than from owner's home St. Paul 5 5 Staff recommendation: o An increase in the setbacks from the side property lines to at least 30 feet to provide greater distance from the enclosure to the property line to reduce the likelihood an escaped fowl would cross the property lines. o A minimum lot size of one acre (43,570 square feet) to acre (21,780 square feet) so that the lots are large enough to have space for the enclosures, coops and setbacks. Require chicken coops and enclosure areas to be fully enclosed with nets or screens to prevent fowl from escaping. Bloomington, Chanhassen, Chaska, Plymouth and Shakopee require enclosures to be fully enclosed or to have nets over the top. Staff recommendation: o Add a definition for fowl enclosure/run that requires the confinement area to be fully enclosed with nets or screens on the top. o Consider adding a minimum size for the enclosure/run based on the number of chickens. Require wing clipping. None of the other cities that staff reviewed required wing clipping or even mentioned it. I reviewed two websites (Raising Happy Chickens and Backyard Poultry) and it seems very common. It involves trimming the first 10 feathers at the end of one wing so that the bird lacks the balance needed for flight. According to both websites, the practice does not harm or hurt them because the quills lack blood supply and nerves. Because the wing feathers molt and grow back each year, the wing clipping must be repeated annually on the new feathers. Some chicken owners are opposed to wing clipping for aesthetic or ethical reasons. Staff recommendation: o No amendments to require wing clipping. While the wing clipping may not harm or hurt the animal, if the City requires the practice staff has to enforce it. City staff does not have the appropriate training or the time necessary to catch each bird and verify wing trimming at each annual inspection. Annual inspections for chickens would be more efficient if the inspectors were able to concentrate on the coop/enclosures and nuisance issues and not check all the chickens. Additional recommendation: Add standards for rejecting permit application or revoking permits. Review standards for applicability to rabbits and bees. Financial or Budget Considerations: Cost of publishing any additional ordinance amendments and noticing current permit holders. Next Steps: Subject to Council direction, staff would begin drafting amendments to the ordinance. Some of the above amendments would require a public hearing through the Planning Commission (lot size/setbacks), but others could be approved solely by the City Council (enclosure requirements/wing clipping/permit denial-revocation). CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 22, 2021 Page 6 of 13 D. Urban Farm Animal Discussion Planning Director Darling explained that this item is a continuation of previous discussion regarding chickens and other fowl. She stated that the Council recently approved changes to the standards for urban farm animals, but were concerned after hearing from some residents that chickens are constantly noisy and frequently escape from their enclosures. The Council directed staff to come up with some means of containing the chickens and asked them to look specifically into enclosures and wing clipping. She noted that staff also looked at the possibility of requiring more land in order to be allowed to have chickens or other fowl. Following their research, they are not making any recommendations regarding wing clipping as inspecting and enforcing that practice would be time consuming and an inefficient use of the inspector's time. Staff is recommending that the lot size and setback be increased from the side property lines to be greater than what is currently in place. She stated that this recommendation would be in the hope that there is more space between the coop and the property lines. They are also recommending that the enclosures be fully enclosed which could include nets or screening over the top and noted that the Council may want to consider a minimum sized enclosure based on the number of chickens and adding standards for rejecting or revoking permits, and exempting rabbits and bees from many of the new standards. Mayor Labadie asked if there was anyone present who would like to speak regarding urban farm animals, however, there was no one present for this issue. Councilmember Johnson stated that his only concern is if the City has any current permit holders that have a lot that is less than the proposed half acre. Planning Director Darling stated that they do and how this would be written up and structured is so that it would apply to new permit requests for a minimum sized lot. She stated that this would mean that all the people who currently have chickens can maintain the same number of chickens until they voluntarily decide to discontinue the practice. Councilmember Gorham asked about the review of enclosures and whether there was generally a minimum size listed. He noted that if the Council were to recommend a size, he does not think he would know where to begin. Planning Director Darling stated that there are several standards based on some of the websites she found. She noted that similar to minimum house sizes, it is a certain square footage per chicken or fowl and is based on maintaining minimum standards. She stated that property owners could go larger if they can accommodate that on their property. Councilmember Gorham asked if they could go larger but would then be subject to accessory structures and building permit limitations. Planning Director Darling stated that was correct. Councilmember Gorham asked if she was looking for input from the Council on a minimum size. Planning Director Darling noted that she plans to propose some options to the Council following her research, if the Council decides to move forward. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 22, 2021 Page 7 of 13 Councilmember Callies stated that she thinks the proposed changes sound reasonable to her, particularly the fully enclosed enclosures. CouncilmemberGorham asked if most ofthe currentpermit holders have fullyenclosed areas. Planning Director Darling stated that most of the current chicken owners have enclosed coops, but there are a few that allow their chickens to free range and are just enclosing them with fencing. She stated that the City will define `enclosure' and require that it either have a top, a screen, or a net on it. Councilmember Gorham expressed his appreciation to Planning Director Darling for how much time she has spent researching this issue. Councilmember Callies asked if her understanding was correct that this that would still apply to the existing permit holders so they would have to fully enclose their coops, but would not have to meet the minimum lot size. Planning Director Darling confirmed that this was a correct understanding. There was consensus of the Council that these recommendations are reasonable and directed staff to proceed with drafting the amendments to the ordinance. 5B Draft ORDINANCE CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE APPROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 705 (FARM AND OTHER ANIMALS) Section 1: City Code Chapter 705.09 (Farm Animals) Subd. 2 is hereby amended as follows: l underlined is proposed for insertion and language stricken is proposed for deletion 705.01 PURPOSE. The purpose of this chapter is to establish regulations and controls regarding the keeping of animals other than domestic pets, such as dogs and cats, within the city limits. 705.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AUTHORIZED CITY PERSONNEL. The Chief of Police, the health authority, their designees, and other personnel assisting in the enforcement of this chapter. ENCLOSURE/RUN. An enclosed area where animals can roam unsupervised which may or may not he attached to the shelter coon or hutch MALTREATED ANIMAL. An animal that has not been given adequate food, water or proper shelter from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment, or that has been subjected to the conduct prohibited by M.S. § 343.21. NUISANCE ANIMAL. An animal, conditions caused by an animal, or the improper care and maintenance of an animal that result in running at large, offensive odor, excessive noise or damage to property, so as to disturb the rights of or threaten the safety of a member of the general public, or interfere with the ordinary use and enjoyment of their property. OWNER. A person owning, keeping, harboring or acting as custodian of an animal. All adult occupants of the property where the animal resides or is kept are considered an OWNER or OWNERS. PERSON. An individual, firm, partnership or corporation. PREMISES. A building, structure, shelter or land where an animal is kept or confined. RURAL FARM ANIMAL. Cattle, mules, sheep, goats, swine, llamas, ostriches, emus, and including, but not limited to, other animals typically maintained in a farm setting, but not in an urban setting. UNDER RESTRAINT. An animal being within a private motor vehicle of a person owning, harboring or keeping the animal; or controlled by a leash not exceeding six feet in length. URBAN FARM ANIMAL. Ducks, geese, turkeys, chickens, guinea hens, bees and rabbits. URBAN FARM BIRDS. Ducks, geese, turkeys, chickens or guinea hens. VETERINARY HOSPITAL. A place for the treatment, hospitalization, surgery, care and boarding of animals and birds, under the direction of one or more licensed veterinarians. WILD ANIMAL. Any of the following: a. Front-fanged venomous snakes, including the Viperidae and Elapidae families of snakes, such as rattlesnakes and cobras; b. Snakes over eight feet in length; c. Reptiles that have the physical ability as adults to cause substantial bodily injury, as defined in M.S. § 609.02, Subd. 7a, to humans and/or domestic animals, such as python snakes and crocodilians; d. Animals that can transmit rabies and cannot be vaccinated against rabies; e. Mammals that, as a breed, are considered wild by nature because of breeding, history, character, habit or disposition; and f. Mammals that have at least 25% of their heritage from mammals specified in paragraph e. above. g. Specifically, such animals as a wolf, fox, skunk, raccoon, mink, bobcat, deer and monkey, but not including a fish, bird, ferret, hamster or gerbil. 705.03 ENFORCEMENT. The Chief of Police or designees will enforce the provisions of this chapter, with the assistance of other personnel when appropriate. 705.04 RIGHT OF ENTRY Authorized city personnel have the right to enter upon a premises at reasonable times for the purpose of discharging their duties imposed by this chapter, when there is reasonable belief that a violation of this chapter has been committed. 705.05 IMPOUNDING OF ANIMALS. Subd. 1. Seizure and impoundment. Authorized city personnel may seize and impound an animal found to be in violation of this chapter. These personnel may enter onto private property to seize and impound animals when: a. They have a reasonable and immediate concern for the animal's health, safety or welfare; b. They have a reasonable and immediate concern for the health and safety of human beings or other animals as a result of the animal's continued presence on the property; or c. They have reasonable cause to believe that a violation of this chapter has occurred or is occurring, and that seizure is necessary to prevent further violation, but only after a reasonable effort has been made to contact an occupant of the property. Subd. 2. Interference. A person must not interfere with authorized city personnel impounding an animal, nor refuse to surrender an animal to these personnel. Subd. 3. Cost of impoundment. The animal owner is responsible for the costs of impounding and housing an impounded animal. 705.06 HEALTH AND MAINTENANCE STANDARDS. Subd. 1. Health standards. The owner of an animal kept in the city must comply with the following standards. a. An animal kept outdoors or in an unheated enclosure must be provided with adequate shelter and bedding to protect it from the sun, rain, snow and temperatures below 50°F. b. The shelter must include a moisture-proof and windproof structure of suitable size to allow the animal to stand in an upright position, and to lie down stretched out so that no part of its body need touch the sides of the structure. The structure must be made of durable material sufficient to allow retention of body heat, with a solid floor raised at least two inches from the ground, and an entrance covered by a flexible windproof material or self-closing swinging door. The structure must be provided with sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets or the equivalent to provide insulation and protection against cold and dampness, and to promote retention of body heat. The structure must be structurally sound and maintained in good repair. c. In lieu of the requirements of paragraphs a. and b., an animal may be provided with access to a barn with a sufficient quantity of loose hay or bedding, and protection against cold and dampness. d. If an animal is confined by a chain, the chain must be so attached that it cannot become entangled with the chains of other animals or other objects. A chain must be of a size adequate to restrain the animal involved, and must be attached to the animal by means of a well-fitted collar. The collar must be large enough to allow free breathing, but small enough to avoid being easily pulled over the animal's head. A chain must be at least three times the length of the animal, as measured from the tip of its nose to the base of its tail. e. An animal must be provided with sufficient food and water to meet necessary nutritional requirements. f. No person shall deposit or cause to be deposited upon any lot or in any street, alley, lake, river or other body of water, sewer or manhole, or bury or conceal in any way, a dead animal or part thereof. The owner or other person having charge of an animal at the time of its death shall remove or cause to be removed the dead body of such animal within 24 hours after death to a crematory, sanitary landfill, rendering factory or any other place approved by the Chief of Police or his or her designee. Subd. 2. Maintenance standards. An owner of an animal kept in the city must comply with the standards below. An action to enforce the provisions of this chapter shall follow the procedures set forth in Chapter 104 of this code. a. An owner must maintain an animal and the area where it is kept so that no odor that offends the senses of a reasonable person is detected, for more than one day, off the property where the animal is kept. b. An owner must maintain the property where the animal is kept so that there is no erosion, and no drainage of water contaminated by the animal onto adjacent properties or into public waters or wetlands. c. An owner must manage the feces and other bodily wastes from the animal in a timely and sanitary manner that prevents health risks and prevents odors that are prohibited under paragraph a. above. d. All feed kept for animals shall be stored in animal-proof, galvanized containers. Subd. 3. Veterinary clinic with indoor overnight care and indoor kennels. In addition to the standards established under Subd. 1. above, veterinary clinics with indoor care and indoor kennels, where allowed by zoning, must comply with Minn. Rules Chapter 9100, as may be amended. 705.07 WILD ANIMALS. Subd. 1. Wild animals prohibited. A person must not keep, own, harbor or otherwise possess a wild animal within the city, except as provided in Subd. 2. below. Subd. 2. Wild animals allowed. Wild animals may be brought into the city for the purpose of entertainment, education or display only by the following: a. A zoo operated by a governmental agency or a tax-exempt, non- profit corporation; b. The Department of Natural Resources; c. Another similar public educational or charitable organization; d. A circus; or e. A city-licensed pet shop. An organization listed above may bring a wild animal or animals into the city under this subdivision only if the organization can and does comply with the standards contained in Subd. 3. below. No organization covered by this subdivision may have wild animals within the city on more than seven days in a consecutive 12- month period, except that an organization listed above that has a wild animal within the city on the effective date of this section may continue to keep that animal as long as it lives, if the organization obtains a permit from the city and complies with the standards specified in Subd. 3. below. Subd. 3. Standards for keeping of wild animals. An organization that has a wild animal must comply with the following standards at all times that it possesses a wild animal within the city. a. A non-governmental organization must have liability insurance to cover potential personal injury or property damage caused by the animal(s), in an amount of at least $300,000 per person per occurrence. b. The animal(s) must be kept in a locked cage or other secure enclosure at all times when the public is allowed to be near it(them). c. The cage or enclosure must be constructed of sufficient materials so that a person, including a child, cannot put a finger, hand or another portion of the body into the cage or enclosure so that the animal(s) could touch it. Alternatively, structural barriers may be used to keep the public away from the cage or enclosure. d. Only personnel with adequate training or experience in handling wild animals may have contact with the animal(s) while in the city. e. The animal(s) must be transported to the display location in the city in a secure enclosure sufficient to prohibit potential contact with humans or other animals, except for the personnel identified under paragraph d. above. f. No sale of a wild animal(s) may occur, nor may orders for the sale of wild animals be taken. g. The display location must be inspected by authorized city personnel before the wild animal(s) may be brought into the city. h. Authorized city personnel must be allowed to periodically inspect the display location during reasonable hours while the animal(s) is(are) in the city. If a wild animal bites a person, the animal must be forfeited immediately to authorized city personnel for rabies testing. 705.08 FORFEITURE OF ANIMAL OWNERSHIP RIGHTS. Subd. 1. Forfeiture of rights. The ownership rights of a person owning the following types of animals may be forfeited to the city pursuant to the procedure in this section: a. A public nuisance animal; b. A wild animal; and c. A maltreated animal. In addition, the ownership rights with respect to other animals owned by the same owner may be forfeited if he or she has demonstrated an inability or unwillingness to properly care for or control such animals, in order to prevent any of them from becoming public nuisance or maltreated animals. Subd. 2. Notice. Authorized city personnel must notify the owner or apparent owner of the animal sought to be forfeited that the city intends to forfeit his or her ownership rights. The notice must be served on the owner personally or by registered mail. The notice must be in writing and state the reasons why forfeiture is sought, including a summary of applicable incidents. The notice must state that the owner has a right, within ten days after receiving the notice, to request a hearing before a Hearing Officer appointed under City Code Chapter 104. The request for a hearing must be in writing and must state the reason or reasons for the request. A failure to request the hearing will constitute an admission of the facts alleged in the notice, and the animal will be deemed forfeited to the city. Subd. 3. Findings of fact. If the owner requests a hearing, the hearing will be held in accordance with City Code Chapter 104. The Hearing Officer must make written findings of fact and reach a conclusion whether the allegations are true and whether the animal will be forfeited to the city. The findings and conclusions must be made within ten working days after the hearing and must be served on the owner personally or by registered mail. The decision of the Hearing Officer is final, but may be appealed by a writ of certiorari to the District Court. Subd. 4. Animal confinement. After receiving the forfeiture notice and during the forfeiture proceedings, the owner must keep the subject animal confined within his or her home or within a secure, covered enclosure. If the owner fails to do so, or if there is an immediate threat to public health or safety or to the animal's health or safety, authorized city personnel may immediately impound the animal and keep it at the impound facility, at the owner's expense, until a forfeiture determination has been made. Subd. 5. Forfeiture. If the animal is deemed or ordered forfeited, the owner must immediately give the animal to authorized city personnel, and a failure or refusal to do so is a misdemeanor. Authorized city personnel may use reasonable force and go onto private property to take the animal into custody. Subd. 6. Disposition of forfeited animal. Authorized city personnel will determine, on a case-by-case basis, whether forfeited animals are destroyed or given to new owners who will adequately care for and control them. 705.09 FARM ANIMALS. Subd. 1. Rural farm animals. Unless otherwise provided for, a person shall not keep, own, harbor or otherwise possess a rural farm animal within the city. Subd. 2. Urban farm animals. A person may own, keep, harbor or otherwise possess urban farm animals within the city in accordance with the provisions of this section. a. An urban farm animal may only be kept on properties zoned and used for single-family homes. The owner of the urban farm animals shall live in the dwelling on the property. b. An urban farm animal, including any enclosure and shelter, may only be kept in the buildable area of the rear yard of the property, as defined by the Zoning Code. Urban farm bird enclosures/runs and shelters shall be fully enclosed or covered with nets ar-' " r 30 fF-t from side pr-perty lin c. An urban farm animal that is kept outside must be provided a shelter structure of appropriate size, that is accessible to the animal at all times as provided in § 705.06, Subd. 1. of this chapter. In additional to being located in the building buildable area of the let-rear varL, as required by paragraph b above, the shelter and any enclosure/run for urban farm birds must be situated closer to the animal owner's home than to any dwelling on an adjacent property. d. The urban farm animal, excluding bees, must be contained on the property by the use of a fence or other appropriate containment device or structure_and_ all enclosures/runs, structures, or other containment devised must be kept in conformance with the regulations of Section 705.06 of this chapter. e. Roosters are not allowed. f. Culling urban farm animals for commercial purposes is prohibited. g. The ground or floor of the area where an urban farm animal (except bees) is kept must be covered with vegetation, concrete or other surface approved by the Planning Department, so that it can be, and is, sufficiently maintained to adequately dissipate offensive odors, in compliance with § 704.06, Subd. 2.a. and c. of this chapter. h. The combined number of chickens, ducks, geese, turkeys, guinea hens, or rabbits shall not exceed six on properties greater than 1 acre, four on parcels between '/Z to 1 acre. Urban farm birds shall not be permitted on parcels smaller than '/z acre. i. The number of bee hives shall not exceed four. j. Any person having more than the allowable number of animals set forth in paragraphs h. and i. above, at the time of the adoption of this chapter, shall not replace animals in excess of those limitations. Is Subd. 3.. Permit issuance; fees; expiration; revocation. (1) Permit Required. No urban farm animal may be kept in the city until a permit to do so has been conditionally approved by the Zoning Administrator and issued by the office of the Building Official after the Building Official or staff representative has made an inspection of the property to ascertain that the premises comply with all requirements of this chapter. Detailed plans and specifications, accurate and drawn to scale, must be submitted with the application, including, but not limited to, the following: (a) Site plan showing the location and setbacks of existing and proposed buildings, fences and structures on the subject property, with dimensions to the property lines. (b) Architectural plans showing floor plans, building elevations and dimensions. (2) Fees. (a) The permit fee and other fees and charges set forth in this chapter shall be collected by the city before the issuance of any permits, and the Building Official, or other persons duly authorized to issue the permit for which the payment of a fee is required under the provisions of this chapter, may not issue a permit until the fees shall have been paid. (b) The City Council shall, from time to time, establish a fee within the city's master fee schedule. (3) Expiration of Permits. (a) The permit shall expire one year from the date the permit is issued. (b) A permit may be renewed according to the application process identified in subsection (1) above. (4) Denial of Permits. A request for a permit or permit renewal may be denied under the following circumstances: (a) The applicant fails to submit any of the materials required by this Chapter. (b) The materials submitted indicate improvements violation of this Chapter. (c) The required inspection does not occur for three calendar months after the permit is issued. (d) Violations are found at the inspection that are not corrected as directed. (e) The property owner was informed of a violation on the property and the applicant failed to correct it as directed in Chapter 104.03 or multiple violations were noted on the property. (fd) Failure to pay any application fee or penalty required by this section and the city's master fee schedule. (eg) The applicant has failed to comply with any condition set forth in any other permits granted by the City of Shorewood. (fh) The applicant, or one acting in their behalf, made oral or written misstatements or misrepresentations accompanying the application. (gil The activities of the property owner create or have created a danger to the public health, safety or welfare. (5) Revocation of Permits. Any permit issued under this section may be revoked or suspended as a penalty for a violation of this Chapter or for violation of the following conditions. No suspension or revocation may take effect until the permittee has received notice of the revocation, either personally, by US mail or electronic mail. (a) The permittee has proven unable to keep or shelter the animals or maintain the property as required by city code and/or the regulations in this chapter. (db) As a result of the permitted activity, the property contains conditions that might injure or endanger the safety, health or welfare of neighboring property owners or any member of the public. (ec) The property owner has violated any regulation or provision of the Code applicable to the activity to which the license has been granted or any regulation or law of the state so applicable. 705.10 PENALTY. Violation of this chapter shall be grounds for administrative enforcement pursuant to § 104.03 of this code or revocation of permits as noted in Section /05.09 Subd. 3. NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 3. That Ordinance 582 Amending Shorewood City Code, Chapter 705, Farm and Other Animals has been hereby approved and adopted. Section 4. This Ordinance 582 adopting the Amendment to City Code, Chapter 705, Farm and Other Animals shall take effect upon publication in the City's official newspaper. MEETING TYPE • ���1 REGULAR City of Shorewood Council Meeting Item Title/Subject: Urban Farm Animals Discussion Meeting Date: November 22, 2021 Prepared By: Marie Darling, Planning Director Attachments: Potential Ordinance Amendments for Urban Farm Animals Background: In September of this year, the City Council adopted some additional standards for urban farm animals, but listened to concerns from residents regarding nuisance issues like chickens flying out of enclosures and escaping during coop cleanings, etc. Staff has researched means to contain chickens and other fowl. Below is a summary of the research and recommendations on how to proceed. Restrict lot size for fowl and increase setbacks to property lines for enclosures and coops. Staff re-reviewed many of our neighboring cities' ordinances for examples on lot aarea and setbacks to see how other cities regulate them. Minnetonka requires one acre to have any farm animals, including fowl. Chanhassen regulates the number of chickens based on the size of the lot—four for properties under an acre, eight on properties of 1 to 2.5 acres, etc. Setbacks vary by city, with suburban cities having greater setbacks than urban cities. See next page for a table summarizing the cities' setbacks. • Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. City Side abutting Side Rear Adjacent Water • a street (2nd Home bodies front) Bloomington 50, but not in 30 30 50 front yards Chanhassen Same as 10 10 25 house Chaska Not in front 10 10 50 15 yard Eden Prairie Not in front 10 10 50 15, not in yards buffers Minneapolis Not in front 10 10 20 yards Minnetonka Not in front Farther yards than from owner's home Plymouth Not in front 20 20 Not in yard buffers Shakopee Not in front Not in side 10 50 yard yards 411 Shorewood Not in front 10 (in rear Same as Farther yards yard) house than from owner's home St. Paul 5 5 Staff recommendation: o An increase in the setbacks from the side property lines to at least 30 feet to provide greater distance from the enclosure to the property line to reduce the likelihood an escaped fowl would cross the property lines. o A minimum lot size of one acre (43,570 square feet)to '/z acre (21,780 square feet) so that the lots are large enough to have space for the enclosures, coops and setbacks. Require chicken coops and enclosure areas to be fully enclosed with nets or screens to prevent fowl from escaping. Bloomington, Chanhassen, Chaska, Plymouth and Shakopee require enclosures to be fully enclosed or to have nets over the top. Staff recommendation: o Add a definition for fowl enclosure/run that requires the confinement area to be fully enclosed with nets or screens on the top. • • o Consider adding a minimum size for the enclosure/run based on the number of chickens. Require wing clipping. None of the other cities that staff reviewed required wing clipping or even mentioned it. I reviewed two websites (Raising Happy Chickens and Backyard Poultry)and it seems very common. It involves trimming the first 10 feathers at the end of one wing so that the bird lacks the balance needed for flight. According to both websites, the practice does not harm or hurt them because the quills lack blood supply and nerves. Because the wing feathers molt and grow back each year, the wing clipping must be repeated annually on the new feathers. Some chicken owners are opposed to wing clipping for aesthetic or ethical reasons. Staff recommendation: o No amendments to require wing clipping. While the wing clipping may not harm or hurt the animal, if the City requires the practice staff has to enforce it. City staff does not have the appropriate training or the time necessary to catch each bird and verify wing trimming at each annual inspection. Annual inspections for chickens would be more efficient if the inspectors were able to concentrate on the coop/enclosures and nuisance issues and not check all the chickens. Additional recommendation: Add standards for rejecting permit application or revoking permits. • Review standards for applicability to rabbits and bees. Financial or Budget Considerations: Cost of publishing any additional ordinance amendments and noticing current permit holders. Next Steps: Subject to Council direction, staff would begin drafting amendments to the ordinance. Some of the above amendments would require a public hearing through the Planning Commission (lot size/setbacks), but others could be approved solely by the City Council (enclosure requirements/wing clipping/permit denial-revocation). • 1111 CITY OF 4 ws)4 h ,, ,, SHOREWOOD c•:r 5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 • 952.960.7900 11111 www.ci.shorewood.mn.us - cityhall©ci.shorewood.mn.us MEMORANDUM TO: Planning Commission FROM: Marie Darling, Planning Director MEETING DATE: September 7, 2021 RE: Text Amendments for Urban Farm Animals Attached are several amendments to the current ordinance related to keeping urban farm animals. Notice of these amendments were published in the official newspaper at least 10 in advance of the public hearing. Mailed notice of the amendments to the regulations were sent to all permit holders and those who have indicated interest in the regulations at least 10 days in advance of the public hearing. Background In June, a resident came to Matters from the Floor at the City Council and asked that the City review and amend the City's regulations regarding the required consent of a portion of the neighbors in order to have chickens or to add a variance process. The Council asked staff to provide a review the city's regulations and background on what other cities allow. When the information was presented, Council asked staff to draft ordinance amendments for their review. They reviewed the proposed amendments at a meeting on July 26, 2021. The Minnesota Supreme Court recently made a decision on an unrelated case that appears to require cities to follow the same process for ordinance amendments on codes that are related or dependent on zoning regulations as actual zoning amendments. As a result, the City Council forwarded the potential amendments to the Planning Commission to ask for their review and to hold a public hearing. At their August 3, 2021 meeting,the Planning Commission reviewed the draft ordinance referred to them by the City Council and made the following suggestions: • to remove the screening that staff had previously proposed and • to review statutory language for farm animals regarding keeping them for commercial purposes Page 2 Proposed Ordinance Amendments The proposed ordinance amendments: 1. Remove the requirement that 75 percent of neighbors within 150 feet must consent to the request and remove the requirement requiring screening to the neighbors' satisfaction. 2. Add a requirement that the animal shelter must be located closer to the animal owner's home than to a home on an abutting property. 3. Limit the ownership of urban farm animals to properties with single-family dwellings. 4. Require a renewal of the permit after five years. 5. Prohibit culling (slaughtering), except for the owner's own use (as allowed by Minnesota Statute 28A.15). 6. Remove regulations that prohibit keeping urban farm animals for commercial purposes. Any urban farm animal owner may sell the eggs or live animals, as permitted by the Minnesota Constitution. Staff also propose several housekeeping issues to correct code references, clarify regulations, improve grammar, and the like. Timeframe for permit renewal: Staff recommends five years for the renewal period for a few reasons: 1. Five years allows the animals to mature and for most fowl to stop laying eggs. 2. The cost of an urban farm animal permit is $50 and dog licenses are $10 for each dog, with multiple animal licenses at $25 initially and $10 for renewals plus individual dog licenses. Dog tags and multiple dog licenses must be renewed every year,but no inspections are required. 3. The five-year timeframe would not be a burden on either staff or the permit holder. ATTACHMENTS: Council memos for June 28 and July 26, 2021 PC Memo for August 3, 2021 Current Section 705 of City Code (Farm and Other Animals) Proposed Ordinance • CITY OF wa ; SHOREWOOD • 5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 • 952.960.7900 www.ci.shorewood.mn.us • cityhall©ci.shorewood.mn.us MEMORANDUM TO: Planning Commission FROM: Marie Darling, Planning Director MEETING DATE: August 3, 2021 RE: Discussion of Text Amendments for Urban Farm Animals Background In June, a resident came to Matters from the Floor and asked that the City review and amend the City's regulations regarding the required consent of a portion of the neighbors in order to have chickens or to add a variance process. The Council asked staff to provide a review the city's regulations and background on what other cities • allow. When the information was presented, Council asked staff to draft ordinance amendments for their review. They reviewed the proposed amendments at a meeting on July 26, 2021. The Minnesota Supreme Court recently made a decision on an unrelated case that appears to require cities to follow the same process for ordinance amendments on codes that are related or dependent on zoning regulations as actual zoning amendments. As a result, the City Council forwarded the potential amendments to the Planning Commission to ask for their review and to hold a public hearing. In advance of the public hearing, staff included the amendments on this agenda for discussion purposes. Proposed Ordinance Amendments 1. Remove the requirement that 75 percent of neighbors within 150 feet must consent to the request. 2. Add a regulation that the animal shelter must be located closer to the animal owner's home that to a home on an abutting property. 3. Limit the ownership of urban farm animals to properties with single-family dwellings. 4. Require a renewal of the permit after five years. 5. Prohibit slaughtering. The attached ordinance amendment reflects all the above items. Staff also added a requirement for screening because the neighbors will no longer be consulted on the appropriate fencing. Staff proposed • requiring screening when the enclosure is located within 25 feet of a property line. Staff recommended privacy fencing,but the Planning Commission may recommend otherwise. Page 2 • Staff also propose several housekeeping issues to correct code references, incomplete regulations and similar. Timeframe for permit renewal: Staff recommends five years for the renewal period for a few reasons: 1. Five years allows the animals to mature and for most fowl to stop laying eggs. 2. The cost of an urban farm animal permit is $50 and dog licenses are $10 for each dog, with multiple animal licenses at $25 initially and $10 for renewals plus individual dog licenses. Dog tags and multiple dog licenses must be renewed every year,but no inspections are required. ATTACHMENTS: Council memos for June 28 and July 26, 2021 Current Section 705 of City Code (Farm and Other Animals) Proposed Ordinance • • 7H MEETING TYPE \1l REGULAR City of Shorewood Council Meeting Item Title/Subject: Farm Animal Regulations (Chickens) Applicant: City of Shorewood Meeting Date: June 28, 2021 Prepared By: Marie Darling, Planning Director Attachments: Chapter 705 of City Code (Farm And other Animals) Background: The City Council directed staff to explore the following options and to provide information on how other cities regulate farm animals: 1. Do other cities require neighbors to approve requests for chickens and other farm animals? 2. Do other cities allow variances within their animal ordinances for the keeping of animals? • Staff and the city attorney recommend against inserting a variance process within the animal section of the code because 1) the process is costly and time-consuming for both the applicant and the city and 2) variances should be used for a dimensional relief. Other cities' farm animal regulations only include the variance process if they are included in the zoning regulations. Staff researched the ordinances of several other cities, including Bloomington, Chanhassen, Chaska, Deephaven, Eden Prairie, Excelsior, Minneapolis, Minnetonka, Minnetrista, Mound, Plymouth, Shakopee, St. Paul and Tonka Bay. The following cities do not allow chickens: Excelsior, Mound, and Tonka Bay. For purposes of comparing ordinances, Deephaven and Minnetrista only allow chickens on 10 acre parcels or within the agricultural district. As a result, their regulations are not compatible. The following cities require neighbor approval: St. Paul (7-15 chickens), Shorewood The following cities require neighbor notice: Chanhassen, St. Paul (1-6 chickens) The following cities do not notice or approval: Bloomington, Chaska, Eden Prairie, Minneapolis, Minnetonka, Plymouth, Shakopee • Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Staff and the city attorney recommend removing the neighbor approval requirement • from the City Code because the basis for the neighbor approval could be subjective and capricious. Objective standards are more appropriate when reviewing permits. Staff requests Council direction on whether notification of neighbors should be required. The City Council may want to consider when and where is it appropriate for chickens to be allowed. Should they only be allowed on properties over a certain size? Should there be a distance requirement between the coop/hive/hutch and adjacent dwellings? Staff also recommends the Council direct a code amendment that requires farm animal shelters be situated closer to the animal owner's dwelling than to any of the neighboring dwellings, similar to standard found in Bloomington's Code. Financial or Budget Considerations: Outside of publication and staff time to draft the ordinance amendment, there is no additional impact to the budget related to this ordinance amendment. • • •a 9A • MEETING TYPE \1\ REGULAR City of Shorewood Council Meeting Item Title/Subject: Discussion Regarding Amendments for Urban Farm Animals Applicant: City of Shorewood Meeting Date: July 26, 2021 Prepared By: Marie Darling, Planning Director Attachments: Potential Ordinance Amendments for Urban Farm Animals Chapter 705.09 (Farm Animals) of City Code Background: On June 28, 2021, the City Council reviewed general information on how other cities and Shorewood regulate farm animals and directed staff to draft amendments to the ordinance to allow the following changes to the regulations: 1. Remove the requirement that a 75 percent of neighbors within 150 feet must consent to the request. 2. Add a regulation that the animal shelter must be located closer to the animal • owner's home that to a home on an abutting property. 3. Limit the ownership of urban farm animals to properties with single-family dwellings. 4. Require a renewal of the permit, but not require a fee. 5. Prohibit slaughtering. The attached ordinance amendment reflects all the above items. Staff also added a requirement for screening because the neighbors will no longer be consulted on the appropriate fencing. Staff proposed requiring screening when the enclosure is located within 25 feet of a property line. Financial or Budget Considerations: Without a renewal fee, the City would be subsidizing the cost of processing the renewals and conducting the inspections for animal owners. Next Steps: At the June 28, 2021 meeting, staff mentioned that due to a recent Supreme Court Decision, the adoption of an ordinance amendment that relies on zoning ordinance regulations may also have to follow the same process as zoning amendments. Because the case was only recently decided, the League has not yet had time to put together guidance on this topic. To avoid any legal ambiguity with this ordinance amendment, staff recommends that the City follow the same public hearing process for this amendment as a zoning ordinance amendment. The next available meeting to hold a public hearing on this topic would be September 7, 2021. 1111 Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. 705.09 FARM ANIMALS. • Subd. 1. Rural farm animals. Unless otherwise provided for, a person shall not keep, own, harbor or otherwise possess a rural farm animal within the city. Subd.2. Urban farm animals. A person may own,keep,harbor or otherwise possess urban farm animals within the city in accordance with the provisions of this section. a. An urban farm animal may only be kept in the buildable area of the rear yard of the property, as defined by the Zoning Code. b. An urban farm animal that is kept outside must be provided a shelter structure of appropriate size, that is accessible to the animal at all times as provided in § 704.06, Subd. 1. of this chapter. The shelter structure and confinement areas shall be adequately screened to the satisfaction of neighboring property owners, as provided in § 705.09, Subd. 2.j.(2). Screening may be achieved by fencing or landscaping, or a combination of both. c. The urban farm animal must be contained on the property by the use of a fence or other appropriate containment device or structure. d. Roosters are not allowed. e. An urban farm animal must not be kept on residentially-zoned property if it is being • used as part of a commercial purpose, whether or not the commercial use occurs on the residentially-zoned property. f. The ground or floor of the area where an urban farm animal is kept must be covered with vegetation, concrete or other surface approved by the Planning Department,so that it can be,and is,sufficiently maintained to adequately dissipate offensive odors, in compliance with § 704.06, Subd.2.a. and c. of this chapter. g. The number of chickens, ducks,geese,turkeys,guinea hens,or rabbits shall not exceed six. h. The number of bee hives shall not exceed four. i. Any person having more than the allowable number of animals set forth in paragraphs g.and h. above, at the time of the adoption of this chapter, shall not replace animals in excess of those limitations. j. Permit issuance;fees. (1) No urban farm animal may be kept in the city until a permit to do so has been approved by the Zoning Administrator and issued by the office of the Building • 11110 Official. No permit shall be granted until the necessary fee has been paid,and until the Building Official or staff representative has made an inspection of the property, and has ascertained that the premises comply with all requirements of this chapter. Detailed plans and specifications, accurate and drawn to scale, must be submitted with the application, including, but not limited to,the following: (a) Site plan showing the location and setbacks of existing and proposed buildings, fences and structures on the subject property. (b) Architectural plans showing floor plans,building elevations and dimensions. (c) Landscaping plan showing how the shelter structure and confinement areas will be screened from adjoining properties. (2) The applicant for any permit required under the provisions of this chapter shall provide with the application, the written consent of 75% of the owners or occupants of privately or publicly owned real estate within 150 feet of the outer boundaries of the premises for which the permit is being requested, or, in the alternative,proof that the applicant's property lines are 150 feet or more from any structure. Where a street separates the premises for which the permit is being requested from other neighboring property,no consent is required from the owners or • occupants of property located on the opposite side of the street. Where a property within 150 feet consists of a multiple dwelling, the applicant need only obtain the written consent of the owner or manager,or other person in charge of the building. (3) Fees. (a) The permit fee and other fees and charges set forth in this chapter shall be collected by the city before the issuance of any permits, and the Building Official, or other persons duly authorized to issue the permit for which the payment of a fee is required under the provisions of this chapter,may not issue a permit until the fees shall have been paid. (b) The City Council shall, from time to time, establish a fee schedule by ordinance. (Ord. 493,passed 3-12-2012)Penalty, see § 104.01 11111 • ORDINANCE xxx CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE APPROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 705 (FARM AND OTHER ANIMALS) Section 1: City Code Chapter 705.09 (Farm Animals) Subd. 2 is hereby amended as follows: 705.09 FARM ANIMALS Subd. 2 (Urban Farm Animals):. Subd. 2. Urban farm animals. A person may own,keep,harbor or otherwise possess urban farm animals within the city in accordance with the provisions of this section. a. An urban farm animal may only be kept on properties zoned and used for single- family homes. The owner of the urban farm nimals shall live in the dwelling on the property. ��,�r a,b_An urban farm animalN IIImay only be kept in the buildable area of the rear yard of the property, as defined by the Zoning Code. c. -c. _An urban farm animal that is kept outside must be provided a shelter structure of appropriate size,that is accessible to the animal at all times as provided Vin § 7045.06, Subd. 1. of this chapter.In addition to being located in the buildable jarea of the lot as required by paragraph b above,the must be: irc4 cite lo;ct.re_ (1) Situated closer to the animal owner's home than to any dwelling on an �,� adjacent property. —(21 The shelter structure and confinement areas shall be Located. a minimum of 25 feet from adjacent properties or-adequatety ree `- `he tJ satisfaction of neighboring pro.crty owners, as provided in § 705.09, .ubd. 4 ` 2.j. . Screening may b: ac "eyed by fencin: . andscapi•_, or a 5 'C . combs. .tion of both to . hei_ht o foot abov: Ile shelte •ut :o less than four feet in •-ight , • no greater than tin height. Fe, ' ,shall be a solid privacy - . The screening s• . •- one foot i idth b- end the enclosure ea on ea . ide as provi•ed in Sec "en 70.5.t• Subd. 2.c. d. c. The urban farm animal must be contained on the property by the use of a fence or other appropriate containment device or structure. f e. Roosters are not allowed. III o))04*' • ____________ IIIf. An urban farm animal must not be kept on residentially-zoned property if it is being used as part of a commercial purpose, whether or not the commercial use occurs on the residentially-zoned ro _ 7g. The ground or floor of the area where an urban farm animal is kept must be covered with vegetation, concrete or other surface approved by the Planning Department,so that it can be,and is,sufficiently maintained to adequately dissipate offensive odors, in compliance with § 7045.06, Subd. 2.a.and c.of this chapter. h. The number of chickens,ducks,geese,turkeys,guinea hens,or rabbits shall not exceed a combined total of six. i. The number of bee hives shall not exceed four. j. Any person having more than the allowable number of animals set forth in paragraphs gi.and hi. above, at the time of the adoption of this chapter, shall not replace animals in excess of those limitations. k. Slaughtering urban farm animals is prohibited on residentially used or zoned properties. 1FI_Permit issuance;fees. (1) No urban farm animal may be kept in the city until a permit to do so has been approved by the Zoning Administrator and issued by the office of the Building Official.No permit shall be granted until the necessary fee has been paid,and until the Building Official or staff representative has made an inspection of the property, andproperty and has ascertained that the premises comply with all requirements of this chapter. Detailed plans and specifications, accurate and drawn to scale, must be submitted with the application, including,but not limited to,the following: (a) Site plan showing the location and setbacks of existing and proposed buildings, fences and structures on the subject property, with dimensions to the property lines. (b) Architectural plans of the shelter showing floor plans, building elevations and dimensions. ( neir"-, • (2)The applicant for any permit required under the provisions of this chapter III shalt p ide .it the pli ation,the ritto „t of7 V W lllrl5 „fth e. ZII{r J Vl eeeupants-ef-pfivatel-y-er-pubtiely-ewned-r-eal-estate-within4-SO-feet-ef4he-euter • t, .,,nd ries r+we emises f r,..i.: h +i e .. rmit is being ested „ +t,e structure. Where a street separates the premises for which the permit is being ritte., . nt of the other person : charge of the building r (3)(2) Fees. (a) The permit fee and other fees and charges set forth in this chapter shall be collected by the city before the issuance of any permits, and the Building Official, or other persons duly authorized to issue the permit for which the payment of a fee is required under the provisions of this chapter,may not issue a permit until the fees shall have been paid. (b) The City Council shall, fr m time to time, establish a fee schedule by RCcum, . (3) Expiration of Permits. (a) The permit shall expire ' �sri•rrTT�'F'j n r t oSYA�l�.i e�+ ii ttl i i n s - f i �iseri_ �.-" five years from the date the permit is issued. 111 (b) A permit may be renewed according to the process listed above, kept. ee sparred. NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 2. That Ordinance xxx Amending Shorewood City Code, Chapter 705, Farm and Other Animals has been hereby approved and adopted. Section 3. This Ordinance xxx adopting the Amendment to City Code, Chapter 705, Farm and Other Animals shall take effect upon publication in the City's official newspaper. rk Y ''// i , S 1.09,47:- j , III - 11►. 9A MEETING TYPE • �l� REGULAR City of Shorewood Council Meeting Item Title/Subject: Discussion Regarding Amendments for Urban Farm Animals Applicant: City of Shorewood Meeting Date: July 26, 2021 Prepared By: Marie Darling, Planning Director Attachments: Potential Ordinance Amendments for Urban Farm Animals Chapter 705.09 (Farm Animals) of City Code Background: On June 28, 2021, the City Council reviewed general information on how other cities and Shorewood regulate farm animals and directed staff to draft amendments to the ordinance to allow the following changes to the regulations: 1. Remove the requirement that a 75 percent of neighbors within 150 feet must consent to the request. 2. Add a regulation that the animal shelter must be located closer to the animal • owner's home that to a home on an abutting property. 3. Limit the ownership of urban farm animals to properties with single-family dwellings. 4. Require a renewal of the permit, but not require a fee. 5. Prohibit slaughtering. The attached ordinance amendment reflects all the above items. Staff also added a requirement for screening because the neighbors will no longer be consulted on the appropriate fencing. Staff proposed requiring screening when the enclosure is located within 25 feet of a property line. Financial or Budget Considerations: Without a renewal fee, the City would be subsidizing the cost of processing the renewals and conducting the inspections for animal owners. Next Steps: At the June 28, 2021 meeting, staff mentioned that due to a recent Supreme Court Decision, the adoption of an ordinance amendment that relies on zoning ordinance regulations may also have to follow the same process as zoning amendments. Because the case was only recently decided, the League has not yet had time to put together guidance on this topic. To avoid any legal ambiguity with this ordinance amendment, staff recommends that the City follow the same public hearing process for this amendment as a zoning ordinance amendment. The next available meeting to hold a public hearing on this topic would be September 7, 2021. • Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. • ORDINANCE xxx CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE APPROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 705 (FARM AND OTHER ANIMALS) Section 1: City Code Chapter 705.09 (Farm Animals) Subd. 2 is hereby amended as follows: 705.09 FARM ANIMALS Subd. 2 (Urban Farm Animals):. Subd. 2. Urban farm animals. A person may own,keep,harbor or otherwise possess urban farm animals within the city in accordance with the provisions of this section. a. An urban farm animal may only be kept on properties zoned and used for single- family homes. The owner of the urban farm animals shall live in the dwelling on the property. a:b=An urban farm animal may only be kept in the buildable area of the rear yard of the • property, as defined by the Zoning Code. h An urban farm animal that is kept outside must be provided a shelter structure of appropriate size,that is accessible to the animal at all times as provided in § 7045.06, Subd. 1. of this chapter. The shelter must be situated closer to the animal owner's home than to any dwelling on an adjacent property. The shelter structure and confinement areas shall be located a minimum of 25 feet from adjacent properties or adequately screened- to the satisfaction -of -neighboring § 705.09, Subd. 2.j.(2). Screening may be achieved by fencing or landscaping, or a combination of both,to a height of 1 foot above the coop or other habitable structure, but no less than four feet in height and no greater than six feet in height. Fencing shall be a solid privacy fence. The screening shall be one foot in width beyond the enclosure area on each side as provided in Section 705.09 Subd. 2.c. d. F-- The urban farm animal must be contained on the property by the use of a fence or other appropriate containment device or structure. f e. Roosters are not allowed. f An urban farm animal must not be kept on residentially zoned property if it is being used as part of a commercial purpose, whether or not the commercial use occurs on the residentially-zoned property. 1111 • g. The ground or floor of the area where an urban farm animal is kept must be covered with vegetation, concrete or other surface approved by the Planning Department,so that it can be,and is, sufficiently maintained to adequately dissipate offensive odors, in compliance with § 7045.06, Subd. 2.a. and c. of this chapter. h. The number of chickens,ducks, geese,turkeys, guinea hens, or rabbits shall not exceed a combined total of six. i. The number of bee hives shall not exceed four. j. Any person having more than the allowable number of animals set forth in li paragraphs gi. and hj. above, at the time of the adoption of this chapter, shall not replace animals in excess of those limitations. k. Slaughtering urban farm animals is prohibited on residentially used or zoned properties. Permit issuance;fees. • ( (1) No urban farm animal may be kept in the city until a permit to do so has been approved by the Zoning Administrator and issued by the office of the Building Official.No permit shall be granted until the necessary fee has been paid, and until the Building Official or staff representative has made an inspection of the proper-t3r andproperty and has ascertained that the premises comply with all requirements of this chapter. Detailed plans and specifications, accurate and drawn to scale, must be submitted with the application, including,but not limited to, the following: (a) Site plan showing the location and setbacks of existing and proposed buildings, fences and structures on the subject property,with dimensions to the property lines. (b) Architectural plans of the shelter showing floor plans, building elevations and dimensions. (c) Landscaping plan showing how the shelter structure and confinement areas will be screened from adjoining properties. (2)te .e plicant for -ehapter shalt 0 , lettndaries-of the-prem-ises-fer-whiclh-The , i -fie • -fr-em-ate II/ opposite-side of the street. Where a-property "the 4)(2) Fees. (a) The permit fee and other fees and charges set forth in this chapter shall be • collected by the city before the issuance of any permits, and the Building Official, or other persons duly authorized to issue the permit for which the payment of a fee is required under the provisions of this chapter,may not issue a permit until the fees shall have been paid. (b) The City Council shall, from time to time, establish a fee schedule by Vordinance. (3) Expiration of Permits. ‘c. (a) The permit shall expire if: 1) the use of the property for urban farm animals is not established within six months of permit issuance; or 2) five years from the date the permit is issued. 4%, ) (b) A permit may be renewed according to the process listed above except, tbat-ntrfee-it-refit4e4. III NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 2. That Ordinance xxx Amending Shorewood City Code, Chapter 705, Farm and Other Animals has been hereby approved and adopted. Section 3. This Ordinance xxx adopting the Amendment to City Code, Chapter 705, Farm and Other Animals shall take effect upon publication in the City's official newspaper. * ' \t.qo • 705.09 FARM ANIMALS. Subd. 1. Rural farm animals. Unless otherwise provided for, a person shall not keep, own, harbor or otherwise possess a rural farm animal within the city. Subd. 2. Urban farm animals. A person may own,keep,harbor or otherwise possess urban farm animals within the city in accordance with the provisions of this section. a. An urban farm animal may only be kept in the buildable area of the rear yard of the property, as defined by the Zoning Code. b. An urban farm animal that is kept outside must be provided a shelter structure of appropriate size, that is accessible to the animal at all times as provided in § 704.06, Subd. 1. of this chapter. The shelter structure and confinement areas shall be adequately screened to the satisfaction of neighboring property owners, as provided in § 705.09, Subd. 2.j.(2). Screening may be achieved by fencing or landscaping, or a combination of both. c. The urban farm animal must be contained on the property by the use of a fence or other appropriate containment device or structure. d. Roosters are not allowed. • e. An urban farm animal must not be kept on residentially-zoned property if it is being used aspart of a commercialpurpose, whether or not the commercial use occurs on the residentially-zoned property. f. The ground or floor of the area where an urban farm animal is kept must be covered with vegetation, concrete or other surface approved by the Planning Department,so that it can be,and is,sufficiently maintained to adequately dissipate offensive odors, in compliance with §704.06, Subd. 2.a. and c. of this chapter. g. The number of chickens, ducks, geese,turkeys, guinea hens, or rabbits shall not exceed six. h. The number of bee hives shall not exceed four. i. Any person having more than the allowable number of animals set forth in paragraphs g.and h. above, at the time of the adoption of this chapter, shall not replace animals in excess of those limitations. j. Permit issuance;fees. (1) No urban farm animal may be kept in the city until a permit to do so has been 11111 approved by the Zoning Administrator and issued by the office of the Building Official. No permit shall be granted until the necessary fee has been paid, and • until the Building Official or staff representative has made an inspection of the property, and has ascertained that the premises comply with all requirements of this chapter. Detailed plans and specifications, accurate and drawn to scale, must be submitted with the application, including, but not limited to, the following: (a) Site plan showing the location and setbacks of existing and proposed buildings, fences and structures on the subject property. (b) Architectural plans showing floor plans, building elevations and dimensions. (c) Landscaping plan showing how the shelter structure and confinement areas will be screened from adjoining properties. (2) The applicant for any permit required under the provisions of this chapter shall provide with the application, the written consent of 75% of the owners or occupants of privately or publicly owned real estate within 150 feet of the outer boundaries of the premises for which the permit is being requested, or, in the alternative, proof that the applicant's property lines are 150 feet or more from any structure. Where a street separates the premises for which the permit is being requested from other neighboring property,no consent is required from the owners or • occupants of property located on the opposite side of the street. Where a property within 150 feet consists of a multiple dwelling, the applicant need only obtain the written consent of the owner or manager,or other person in charge of the building. (3) Fees. (a) The permit fee and other fees and charges set forth in this chapter shall be collected by the city before the issuance of any permits, and the Building Official, or other persons duly authorized to issue the permit for which the payment of a fee is required under the provisions of this chapter,may not issue a permit until the fees shall have been paid. (b) The City Council shall, from time to time, establish a fee schedule by ordinance. (Ord. 493,passed 3-12-2012) Penalty, see § 104.01 • 7H MEETING PE REGULAR City of Shorewood Council Meeting Item Title/Subject: Farm Animal Regulations (Chickens) Applicant: City of Shorewood Meeting Date: June 28, 2021 Prepared By: Marie Darling, Planning Director Attachments: Chapter 705 of City Code (Farm And other Animals) Background: The City Council directed staff to explore the following options and to provide information on how other cities regulate farm animals: 1. Do other cities require neighbors to approve requests for chickens and other farm animals? 2. Do other cities allow variances within their animal ordinances for the keeping of animals? Staff and the city attorney recommend against inserting a variance process within the animal section of the code because 1) the process is costly and time-consuming for both the applicant and the city and 2) variances should be used for a dimensional relief. Other cities' farm animal regulations only include the variance process if they are included in the zoning regulations. Staff researched the ordinances of several other cities, including Bloomington, Chanhassen, Chaska, Deephaven, Eden Prairie, Excelsior, Minneapolis, Minnetonka, Minnetrista, Mound, Plymouth, Shakopee, St. Paul and Tonka Bay. The following cities do not allow chickens: Excelsior, Mound, and Tonka Bay. For purposes of comparing ordinances, Deephaven and Minnetrista only allow chickens on 10 acre parcels or within the agricultural district. As a result, their regulations are not compatible. The following cities require neighbor approval: St. Paul (7-15 chickens), Shorewood The following cities require neighbor notice: Chanhassen, St. Paul (1-6 chickens) The following cities do not notice or approval: Bloomington, Chaska, Eden Prairie, Minneapolis, Minnetonka, Plymouth, Shakopee Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Staff and the city attorney recommend removing the neighbor approval requirement from the City Code because the basis for the neighbor approval could be subjective and capricious. Objective standards are more appropriate when reviewing permits. Staff requests Council direction on whether notification of neighbors should be required. The City Council may want to consider when and where is it appropriate for chickens to be allowed. Should they only be allowed on properties over a certain size? Should there be a distance requirement between the coop/hive/hutch and adjacent dwellings? Staff also recommends the Council direct a code amendment that requires farm animal shelters be situated closer to the animal owner's dwelling than to any of the neighboring dwellings, similar to standard found in Bloomington's Code. Financial or Budget Considerations: Outside of publication and staff time to draft the ordinance amendment, there is no additional impact to the budget related to this ordinance amendment.