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HomeMy WebLinkAbout4 - Ordinance Amendment - Chickens, Ducks, and QuailAince 1857 Hastings MINNESOTA Planning Commission Memorandum To: Planning Commission From: Justin Fortney, City Planner Date: May 13, 2024 Item: Ordinance Amendment #2024-16— Amend Ordinances: 155 & 91 Keeping of Chickens in Residential Areas Planning Commission Action Requested Hold a public hearing and review the attached amendment proposal to Hastings City Zoning Code 155 and Animal Code 91, to allow ducks, quail, and additional chickens and make a recommendation to the City Council. History The City of Hastings has allowed the keeping of four chickens since the summer of 2021 on residential properties. There are currently nine chicken license holders and there have been no complaints. A request has been made to increase the number of chickens from four to six and to allow ducks and quail. Alternative poultry for backyard chicken flocks are sought for a variety of reasons. The number one reason is due to chicken egg allergies. Although, cross-reactivity is common with quail eggs (69%) and duck eggs (66%).1 Research - Ducks Ducks are starting to be allowed in some cities that have allowed chickens. In most of those instances, the allowable number of ducks is lower than the number of allowable chickens. The cities allowing ducks indicated that it was a recent change and there have been few to no license applications to report on. Duck facts: - They are relatively quiet including the drakes (males). - Messier than chickens, as their excrement is much wetter than chickens. Need more space than chickens. o They nest and lay on the floor rather than a perch o They can be larger than chickens. o More area is needed for waste to dry. o They don't require a pond but need bathing water deep enough to submerge their head. - Mixing chickens and ducks in the same coop is debatable. It is often done successfully. The two have different needs but can adapt. They generally wouldn't choose to live together, certainly not in the wild. Research — Quail Few cities allow quail specifically by name. Some allow them because they are not specifically prohibited. Most cities that allow quail, do it by allowing poultry in general. Those cities often subtract out poultry that are not allowed (turkey, guineafowl, etc). Often those cities have limited numbers of poultry regardless of type. This is very limiting for Quail since they are substantially smaller than the other poultry. Quail facts: - Quail are quiet. Male calls are low and sound like a songbird. - They and their eggs are small (3-4 = a chicken egg) - They need to be housed on their own, not as part of a mixed flock. - They need a fully enclosed house and cage because of their flighty nature. - Typical housing resembles a raised cage or hutch with a wire floor and an enclosure with sand or wood shaving/ straw litter. Sometimes people build a netted aviary. - Total space required is 1.5 square feet each. Feedback from other cities Staff reached out to many of the cities allowing ducks or quail. The response was uniformly that there have not been any issues, but that they have few to no license holders other than for chickens. Most of the allowances were new and there were only a small number of or no citizens that had ducks or quail. Some cities require applicants to choose chickens or ducks, but most don't address cohabitation. Typically, cities only allow one coop. The city of Cottage Grove Code Enforcement Officer said there are not any licensed ducks yet. Based on her experience growing up with chickens and ducks, she believes they should not cohabitate and too many ducks will cause an odor issue. A city of Minneapolis animal control service representative said with a tier I permit, they allow up to 6 fowl including chickens and ducks in combination. He said they have not had any issues that couldn't be rectified. City Allowed Notes Zumbrota 10 chickens and or ducks, only 4 may be ducks No pools, one duck license North Branch 6 chickens and or ducks Brainard 4 chickens OR 4 ducks Can't have both Cambridge 6 chickens and or ducks Separate coops required, allow drakes Isanti 6 chickens and up to 2 ducks Duck wings must be clipped Oak Park Heights 4 chickens and or ducks Ducks must be flightless, no wing clipping. 2 duck licenses have been issued. Minneapolis 6 chicken ducks, or quail They weren't sure if anyone has applied for ducks yet. Cottage Grove 6 fowl or poultry They have about 30 licenses, no ducks, one quail. Specific to Quail Maplewood 10 Poultry of the order Galliformes (includes Quail) Excludes turkeys and roosters Oakdale 6 Poultry 4 SF/ bird coop, 10 or 16 SF run Baudette 12 birds total, 6 may be chickens coop/ run area 10 SF per chickens and 2 SF for quail Staff recommendation There haven't been issues with the four chickens currently allowed in Hastings. While allowing up to four chickens is the most common among other cities, many have increased their allowance to six or more. Current regulations require four square feet per chicken for coop sizing and eight square feet for the run. This is on the higher end for chickens, but on the low end for duck coops and very low for duck runs. A higher ratio is more critical in this climate where they will be coop bound more often. Staff is proposing to allow less ducks than chickens due to a higher likelihood of smells and their need for more space. Staff is also proposing to not allow for keeping of both chickens and ducks at one property. Two separate coops facilities will clutter yards and be esthetically detracting. Forcing animals from different orders to live together doesn't seem ethical, even if it works. Staff is also proposing to not allow duck ponds or kiddie pools for duck features. Swimming water is not necessary and raises concerns as stagnant water that would breed mosquitos, smells, and bacteria. Quail hutches are very small and can be easily screened making them very compatible on a residential lot, even in addition to chickens or ducks. The attached ordinance amendment proposal includes changes to the existing keeping of chickens regulations, which were adopted in 2021. Below is a summary of substantive changes. 1. Allow up to 6 female chicken (from 4)(no ducks). 2. Allow up to 3 female ducks (no chickens). a. No ponds or kiddie pools allowed. b. Coops minimum of 5 square feet and runs of 15 square feet/ duck (slightly more than for chickens 4 & 8 SF). 3. Allow up to 10 quail. 1.5 square feet each. a. Quail hutch/ cages must be screened and meet property line setbacks Attachments: • Ordinance Amendment Proposals ADD Delete 91.02 Keeping Of Animals It is unlawful for any person to keep any animal (other than cats and dogs), not in transit, in any part of the city not zoned for agricultural purposes. A. Exceptions. 1. Chickens (Gallus gallus domesticus), ducks (Anas platyrhynchos domesticus), and quail (Coturnix japonica domesticus) subject to the following regulations: a. Purpose. The purpose of this division is to provide a means, through the establishment of specific standards and procedures, by which chickens, ducks, and quail can be kept in areas that are principally not used for agricultural. It is recognized that the keeping of chickens is clearly incidental and subordinate to the primary use and will not be allowed to negatively impact the character, health, safety or general welfare of the surrounding area. b. License required. No person shall keep chickens ducks and quail within the city on any nonagricultural property without first obtaining a license from the city, where permitted by the zoning ordinance. For purposes of this subsection, "property" shall mean the lot or contiguous lots that are owned or controlled by the applicant upon which the license shall apply. c. Application. An application for a license to keep chickens ducks, and quail shall be made to the city clerk on the form prescribed by the city. The applicant must provide all the information required on the form, including, but not limited to: 1) The name and address of the owner(s) of the chickens, ducks, and quail and the owner of the property where they chickcns will be kept, if different; 2) The number of chickens or ducks. and quail to be kept on the property; 3) A scaled site plan or property survey showing the property dimensions, the proposed location of the building and enclosed outdoor area to house the chickens on the subject property along with the dimensions of the building and enclosure; 4) A drawing or picture of the proposed building to house the chickcns keeping improvements along with a list of the exterior materials for the building; 5) Payment of the fee for the license to keep chickens, ducks, and quail as set forth in the city fee schedule. d. Granting issuance of license. The city clerk may administratively approve a license or license renewal under this subsection if: 1) The applicant has submitted the required documentation that meets the requirements herein; and 2) For renewal applications, the license holder has not had more than two violations of this subsection within the previous 12 months. e. Standards. Any person keeping chickens, ducks, and quail on nonagricultural property, where permitted by the zoning ordinance, shall comply with the following: 1) Up to four total hcn chickcnsUp to 10 quail and six chickens or three ducks may be kept on any property of any size. 2) For large properties, (a single lot or more than one contiguous lot combined) that arc more than one acre double the original number of chickens, ducks, and quail allowed may be kept per each acre over one acre.may keep four hcn chickcns per 3) No person shall keep chicken roosters or drake ducks on the property. 4) The slaughter of chickcns animals within the city is prohibited. 5) The owner of the chickens, ducks and quail shall live in the residential dwelling on the property. 6) Chickens ducks, and quail more than feur-two months old shall not be kept inside the residential dwelling. f. Shelter and outdoor enclosure requirements. Every person who owns, controls, keeps, maintains or harbors lrchickens, ducks, and quail must keep them confined on the premises at all times and provide them with a building te-shelter the chickcns and an cncloscd outdoor ar a. Buildings to housc thc chickcns and cncloscd outdoor ar as for the chickcns shall comply that complies with the following standards: 1) Chickens and ducks shall be provided with a secure well well -ventilated roofed structure with a solid floor. The floors and walls of the roofed structure shall be kept clean, sanitary and in a healthy condition. 2) Only one building and enclosed outdoor area to house the chickens or ducks and one cncloscd outdoor ar a shall be allowed per lot. 3) Buildings to house the chickens or ducks shall comply with the accessory building requirements and standards in 155.05(D). 4) Fencing for the required enclosed outdoor area for the chickens or ducks may utilize poultry netting fence. Fencing may be galvanized or earth tone but shall not be bright colors and in no case can the fence be electrified. Fencing for the enclosed outdoor area should be six feet high or secured from above for predator protection. to bcttcr protcct thc chickcns from prcdators. 5) Buildings to house thc chickens shall provide for a minimum of 4 square feet per chicken. The enclosed outdoor area shall provide for a minimum of 8 square feet per chicken. 6) Buildings to house ducks shall provide for a minimum of 5 square feet per duck. The enclosed outdoor area shall provide for a minimum of 15 square feet per duck. 7) Building hutches to house quail shall provide for a minimum of 1.5 square feet per quail. The buildings hutches shall include an enclosed section with a solid floor and caged area with a solid roof. Building hutches must be screened from view. 4 -)Any device used for heating (i.e. heat lamps) within the building to housc the chickcns must be properly rated for that use and secured so as not to cause a fire hazard. 5)9) Buildings and lenclosed outdoor areas for thc chickcns shall not be located in the front or side yards. 6)10) Any building to housc chickcns and the enclosed outdoor area for the chickens, ducks, and quail shall be set back at least five feet from all property lines. g. Duration of license. A license to keep chickens, ducks, and quail shall be issued to the applicant for a period of five years, so long as thc license holder continucs to own chickcns. The license is not assignable or transferrable. If the license holder moves from the property but the chickens ducks or quail remain on the property, the new owner must apply for a new license. If any license holder does not own chickens, ducks, or quail for a period of one year, the license automatically terminates. h. Conditions/maintenance and inspections. No person who owns, controls, keeps, maintains or harbors chickens ducks, and quail shall permit the premises where they chickcns are kept to be in or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors to be carried to adjacent public or private property. Feeders and food storage containers must not be accessible to rodents and wild birds. No chicken, ducks, and quail shall be kept or raised in a manner as to cause injury to persons or other animals on properties in the vicinity by reason of noise, odor or filth. Any building to house chickens, ducks, and quail or enclosed outdoor area for the chickens authorized under this section may be inspected at any reasonable ]• CHAPTER 155 ZONING CODE time by authorized city staff to inspect for compliance with this chapter and other relevant laws and regulations. Revocation of license. A license may be revoked by the city council for a violation of any condition of this section following notice and a hearing as provided for in this code. Violations. Violations of this subsection are punishable with a misdemeanor citation or civil or administrative penalties, as authorized by law. 155.22 R-1 Low Density Residence B.8 Keeping chickens, ducks, and quail pursuant to 91.02. 155.22.5 R -1L Low Density Residence Large Lot B.2 Keeping chickens, ducks, and quail pursuant to 91.02. 155.23 R-2 Medium Density Residence B.5 Keeping chickens, ducks, and quail pursuant to 91.02. 155.24 R-3 Medium High Density Residence B.6 Keeping chickens, ducks, and quail pursuant to 91.02. 155.36 PI Public Institution B.8 Keeping chickens, ducks, and quail pursuant to 91.02.