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HomeMy WebLinkAbout#3 - Report PC - 09-23 - Chicken Ordinance - PI Onl Memo To: Planning Commission From: John Hinzman, Planning Director Date: August 24, 2009 SubjectOrdinance Amendment #2009-23 – Keeping of Chickens in the PI : District REQUEST The Planning Commission is asked to hold a public hearing to amend various sections of the City Code to allow the keeping of chickens on properties zoned PI – Public Institution. Chickens would continue to be prohibited within all other zones except A – Agriculture. BACKGROUND At the August 3, 2009 City Council Meeting a request to allow chickens within the PI and certain residential zoning districts was denied by the City Council. Council members supported the request of the Le Duc Historic Estate to allow chickens within the PI Districts, but did not support extending keeping of chickens in residential areas. The Council directed staff to draft a new amendment allowing chickens within the PI district only. Please see attached minutes for further information. CHANGES TO THE PROPOSED ORDINANCE Changes to the previous proposed ordinance include: 1) Keeping of chickens not allowed in residential areas. 2) One acre minimum requirement added to keep chickens in PI District. All other sections remain unchanged. BACKGROUND The Dakota County Historical Society made a written request for the City to modify the ordinance to allow them to keep chickens at the LeDuc Mansion. They would like to keep about 12 chickens at the LeDuc during their open season to interpret the agricultural aspect of William G. LeDuc’s life. Please see the attached letter for further information. OTHER COMMUNITIES th Many Cities like Hastings adopted their first zoning codes in the first half of the 20 century and limited traditional farm animals to agricultural districts. In the last decade, many cities have modified their ordinances to allow chickens in nonagricultural districts. This is for a variety of reasons including recent immigration of diverse cultures, increased focus on local organic food, concerns about the treatment of production chickens, as pets, or in the case of the LeDuc, as part of an interpretive museum. Some large cities that allow chickens in all or most zoning districts include: Mobile, AL Atlanta, GA St. Louis, MO Nashville, TN Berkeley, CA Des Moines, IA Raleigh, NC Austin, TX Long Beach, CA. Sioux City, IA. Lincoln, NE Dallas, TX Los Angeles, CA. Boise, ID Omaha, NE Fort Worth, TX Oakland, CA Chicago, IL Albuquerque, NM Houston, TX Sacramento, CA. Indianapolis, IN Santa Fe, NM San Antonio, TX San Jose, CA Topeka, KS Las Vegas, NV Salt Lake City, UT San Francisco, CA Louisville, KY NY, NY. Burlington, VT Denver, CO Boston, MA Eugene, OR Seattle, WA Hartford, CT Baltimore, MD Portland, OR Spokane, WA Miami, FL Ann Arbor, MI Pittsburgh, PA Green Bay, WI Madison, WI Some local cities that allow chickens in all or most zoning district include: Minneapolis Anoka Brainerd Roseville St. Paul Rochester Duluth Burnsville Rosemount Otsego Monticello Fergus Falls The above cities regulate chickens in vastly different ways. Some cities like Roseville, classifies chickens as suburban hobby pets with no regulations. Other cities like Minneapolis allow them with an administrative permit as long as the applicant has at least 80% written approval from neighbors. HEALTH RISKS TO HUMANS There are two know types of afflictions that could be carried by chickens and transmitted to humans. The first is the Avian Flu and the second is bacteria. Neither appears to be a risk to the community. Avian Flu In the last decade only 200 people have been infected with the Avian Flu worldwide. No cases of the avian flu have been reported in birds or humans in North America. The Avian Flu is not easily transferred to humans or between humans. The CDC has released the following statement: Avian Flu Locations “In the United States there is no need at present to remove a flock of chickens because of concerns regarding avian influenza. The U.S. Department of Agriculture monitors potential infection of poultry and poultry products by avian influenza viruses and other infectious disease agents.” Bacteria The bacteria that chickens could carry may also carried by household pets and humans. Hand washing and sanitary conditions will generally stop the passage of bacteria. The most common bacteria to be carried by chickens is salmonella; from the CDC: Salmonella live in the intestinal tracts of humans and other animals, including household pets and birds. Salmonella are usually transmitted to humans by eating foods contaminated with animal feces. The result of contracting salmonellosis from saminella includes abdominal cramps, diarrhea, nausea, vomiting, chills, fever and/or headache. The symptoms may be worse in the very young, pregnant, elderly, and ill. The CDC says to avoid contracting salmonellosis, the following practices should be followed: Property handle and cook food, wash hands with soap after handling reptiles, birds, or baby chicks, and after contact with pet feces. NOTIFICATION Owners of and within 350’ of property zoned PI were notified about the proposed amendment. Staff has received two phone calls from residents. One wanted clarification on what was happening (and did not object), the other resident did not think that the ordinance should be amended to allow keeping of chickens. ATTACHMENTS ? Proposed Ordinance Amendment ? Le Duc Letter ? City Council Minutes – August 3, 2009 DRAFT Planning Commission Meeting August 24, 2009 ORDINANCE NO.______________, THIRD SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA ALLOWING CHICKENS IN PI – PUBLIC INSTITUTION ZONING DISTRICT AND MAKING SPECIAL RESTRICTIONS FOR SUCH. BE IT ORDAINED by the City Council of the City of Hastings as follows: § 155.07 SPECIAL PROVISIONS. (H) Keeping of chickens. (1)Purpose. The purpose of this division is to provide a means, through the establishment of specific standards and procedures, by which chickens can be kept in areas that are principally not used for agriculture. It is recognized that the keeping of chickens is clearly incidental and subordinate to the primary use and will not be allowed to negatively affect the character, health, safety, or general welfare of the surrounding area. (2)Regulations. The keeping of chickens requires a license to be granted by the City Council. The following conditions are requirements of the license. (a)Allowed in specified zoning districts as an accessory use to a school or museum. (b)No roosters are permitted. (c)Four (4) chickens are allowed per acre. Chickens are prohibited on properties less than one (1) acre. (d)Confinement restrictions. Chickens must be kept and confined as follows: 1.Fenced area to keep the chickens contained on the property at all times. 2.Food containers and feeders must not be accessible to rodents and wild birds. 3.Sanitary conditions must be maintained. 4.Fecal mater shall not accumulate in a manner that causes odor. 5.Injury or annoyance to others. No chicken may be kept or raised in a manner as to cause injury or annoyance to persons or other animals on other property in the vicinity by reason of noise, odor, or filth. 6.Impounding chicken. Any chicken at large or in violation of this section may be impounded by the City, and after being impounded for five (5) business days or more without being reclaimed by the owner, may be humanly euthanized or sold without notice. Failure to claim an impounded chicken may result in the revocation of license. A person reclaiming any impounded chicken shall pay the cost of impounding and keeping the same. 7.Covered enclosure (coop) must be provided to protect chickens from the elements and predators. The required enclosure must meet the following requirements: a.All accessory building regulations under section 155.05.D b.Completely covered, secured, and with a solid floor. c.Setback 25 feet from homes on adjoining lots. (3)License. Keeping chickens requires a license to be granted by the City Council. (a)Staff shall notify property owners within 350 feet of the Planning Commission meeting, at which a recommendation will be made to the City Council for granting of the license. Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this code. (b)The license shall not run with the land and shall not be transferable. (c)If the license is approved by the City Council, staff shall inspect the property to determine if all of the provisions of this section are met prior to issuing the license. (d)Licenses shall be issued for a 1 year probationary period from the date of City Council approval. The City Council shall consider issuance of a full license at the end of the probationary period. (e)The City Council may revoke the license if the conditions of this section are not followed or if unresolved nuisances arise. (f)An annual license fee shall be paid to the City prior to issuance of the license. The annual license fee shall be established by ordinance. § 155.36 PI PUBLIC INSTITUTION. (B) Uses permitted. (8) Keeping chickens pursuant to 155.07 § 91.02 KEEPING. It is unlawful for any person to keep any animal, not in transit, in any part of the city not zoned for agricultural purposes. (A)Exceptions. 1.Chickens (Gallus gallus domesticus) subject to § 155.07. ALL OTHER SECTIONS SHALL REMAIN UNCHANGED ADOPTED by the Hastings City Council on this ________ day of ____________, 2009. _________________________________ Paul J. Hicks, Mayor ATTEST: ______________________________________________ Melanie Mesko Lee, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the _______ day of ___________, 2009, as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________________________ Melanie Mesko Lee, City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 LeDuc Request to allow chickens Chickens at the LeDuc Historic Estate Purpose : The LeDuc family raised chickens on their home farm. In an attempt to interpret the agricultural aspect of William G. LeDuc’s life, the gardeners and staff would like to keep a dozen chickens (hens) through the Summer months. During Summer Camp, students would learn about caring for animals. Visitors throughout the summer would be able to imagine the area around the Carriage Barn as a “farm”. Method : The chickens would be housed in a small confined area on the south side of the Carriage Barn when they were first delivered. The floor in that area will be covered with a sheet of plywood to prevent it from becoming saturated with the chicken droppings. The droppings will be cleaned out and put into a composting area. (Chicken droppings are good composting material.) As they grow they will be moved to the lean-to portion of the Carroll Simmons Shed during the night and will have a fenced in portion of yard to use in that area. Budget : 12 chickens @ $1.60 $ 19.20 Feed approx. $100.00 $119.20 Final Chapter : The chickens would be butchered, cleaned, and cooked for dinner during the Civil War Weekend. This process would be repeated each year if it is successful.