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1a. City Code Amendment Regulating Animals CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952,227,1100 Fax: 952,227.1110 BUilding Inspections Phone: 952,227,1180 Fax: 952,227,1190 Engineering Phone: 952,227,1160 Fax: 952,227.1170 Finance Phone: 952,227,1140 Fax: 952,227,1110 Park & Recreation Phone: 952,227.1120 Fax: 952,227,1110 Recreation Center 2310 Coulter Boulevard Phone: 952,227,1400 Fax: 952,227,1404 Planning & Natural Resources Phone: 952,227,1130 Fax: 952,227,1110 Public Works 1591 Park Road Phone: 952,227,1300 Fax: 952,227,1310 Senior Center Phone: 952,227,1125 Fax: 952,227,1110 Web Site www.ci.chanhassen.mn.us .1CL MEMORANDUM TO: Planning Commission FROM: Sharmeen Al-Jaff, Senior Planner DATE: o~ June 16,2009 SUBJ: City Code Amendments to Chapter 20 Regulating Animals BACKGROUND On April 7,2009, staff presented an issue paper to the Planning Commission addressing farm animals. The Planning Commission directed staff to conduct additional research targeting ducks, chicken, and bees in non-agricultural districts. On April, 21, 2009, staff presented the findings to the Commission which were subsequently presented to the City Council at their May 26, 2009 Work Session (see attachment 1). The following is a summary of the findings: . Limit farm animals to agricultural districts . Clarify definitions . Prohibit wild animals and birds of prey from being kept in the city . Delete any reference to the A-I District in the city code Staff drafted an ordinance that addresses these issues. Amendments are proposed to both Chapters 1 (which requires City Council action only) and 20. The intent of these amendments is to clarify definitions of the different types of animals and the districts that permit them. PROPOSED ORDINANCE AMENDMENTS (All new language is in bold, and deletions have been struck through.) Chapter 1 - Definitions: Expand the definition of House Pets as follows: House Pets, as a dog or cat, regardless ofl','eight, or an animal not exceeding 40 pounds in weight that is usually and customarily consider-cd a pet. means animals such as dogs, cats, birds (not including pigeons, chickens, geese, turkeys or other domestic fowl), gerbils, hamsters, rabbits (including those normally sheltered outside of the principal structure), and tropical fish, that can be contained within a principal structure throughout the entire year, provided that the containment can be accomplished without special modification to the structure that would require a. building permit, excluding wild or domesticated wild animals. Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow Planning Commission Farm Animals June 16,2009 Page 2 The city code references but does not define farm animals. Staff recommends the following definition: Farm Animals means cattle, hogs, bees, sheep, goats, chickens, turkeys, horses, llama, emu, and other animals commonly accepted as farm animals in the state of Minnesota. The city code references but does not define wild animals. Staff recommends the following definition: Wild Animal means any animal that is wild, ferocious, or vicious by nature, habit, disposition, or character. Animals in this category include but are not limited to any ape, [including chimpanzee, gibbon, gorilla, orangutan, or siamang], baboon, bear, bison, bobcat, cheetah, crocodile, coyote, deer, [including all members of the deer family such as elk, antelope and moose], elephant, fox, hippopotamus, hyena, jaguar, leopard, lion, lynx, monkey, puma [also known as cougar], mountain lion or panther, rhinoceros, any snake which is poisonous or any constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the wild animals such as wolf/dog mixes. The city code does not define birds of prey. Staff recommends the following definition: Birds of prey means birds that hunt for food primarily on the wing, using their keen senses, especially vision. Their talons and beaks tend to be relatively large, powerful and adapted for tearing and/or piercing flesh. The city code references but does not define farm. Staff recommends the following definition: Farm means a tract of land of more than ten (10) acres in size, usually with a house and barn plus other buildings on which crops and often livestock are raised for a principal source of livelihood. Chapter 20 - Zonin2: Sec. 20-1001 of the City Code addresses the keeping of animals in the City. Subsection (2) addresses the zoning districts in which horses are allowed. One of the districts is A-I Agricultural Reserve. On May 24, 2004, the city repealed any reference to this zoning district since none of the properties within the city held that zoning designation. The reference to the A- I district in this section was unintentionally left in. Staff recommends that subsection (2) be rewritten to read as follows: (2) Horses in the A-l-; A-2, RR and RSF zoning districts in accordance with Chapter 5, Article III. Planning Commission Farm Animals June 16, 2009 Page 3 Currently, horses are permitted on minimum 1 Yz acres. Staff recommends maintaining the stable permit standards. This can be accomplished by amending section 20-1001 (3) as follows: Farm animals are an allowed use on all farm property except as otherwise specifically provided in the city code. Farm animals may not be confined in a pen, feed lot or building within 100 feet of any residential dwelling not owned or leased by the farmer. Sec. 20-1001(4) allows animals other than house pets and farm animals to be kept in the city after receiving City Council approval. Staff recommends prohibiting wild animals from being kept in the city. This can be accomplished by amending sections 20-1001 (4) and (7) as follows: (4) f..Jl Animals being kept as part of the Minnesota Zoological Garden's or 8t. Paul Como Zoo's doceflt programs are in allowed use in all zoning districts. Before such animals are allowed, however, the participant in the program must receive the approval of the council regarding participation in the program and identify the animal being kept. Wild animals and birds of prey may not be kept in the city. (7) Other animals may be allmved by conditional use permit. RECOMMENDA TION Staff recommends the Planning Commission recommend approval of the attached ordinance amending Chapter 20. ATTACHMENTS 1. City Council Work Session Memo dated May 26, 2009. 2. Proposed Ordinance Amendment. 3. Notice of Public Hearing. g:\plan\city code\2009 code amendments\animaIs\animaIs cover memo pc.doc CITY OF CHANIlASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Sharmeen AI-Jaff, Senior Planner DA TE: May 26, 2009 SUBJ: Farm Animals in Non-Agricultural Zones BACKGROUND The Planning Commission directed staff to investigate how other communities deal with agricultural animals and if they allow them in non-agricultural districts. On April 7, 2009, staff presented the Planning Commission an issue paper addressing Farm Animals in Non-Agricultural Zones. The city has had chicken owners next to residential districts. On one occasion, a subdivision developed around an agriculturally zoned property that contained a chicken. Some of the new residents began feeding the chicken which caused the chicken to cross to the neighbors' yards. Shortly after, staff received complaints. Staff advised the neighborsto stop feeding the chicken which solved the issue. Shortly following this incident, the agricultural property was developed into a subdivision, As staff began investigating this issue, other animal-related issues came to light including definitions of farm animals, wild animals, birds of prey, and the provision of conditional use pennitsfor the keeping of animals other than pets. There are three animal categories: 1. Household Pets: Permitted in all zoning districts. 2. Farm Animals: PermittedonFarm.property. 3. Other animals: Permitted by Conditional Use Pennit. Definitions: The current ordina.nce intheCity .of Chanhassen . allows household pets in all zoning districts. · Pets are defined asa dog or cat, regardless of weight, or an animal not exceeding 40 pounds in weight thatis usually and customarily considered a pet. Chickens are not considered household pets, but rather farm animals. A miniature pot-belly pig weighs 90 pounds. As such, it may not be considered a household pet. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt Farm Animals May 26, 2009 Page 2 The city may wish to amend the definition of pets to read: House Pets means animals such as dogs, cats, birds (not including pigeons, chickens, geese, turkeys or other domestic fowl), gerbils, hamsters, rabbits (including those normally sheltered outside of the principal structure), and tropical fish, that can be contained within a principal structure throughout the entire year, provided that the containment can be accomplished without special modification to the structure that would require a building permit, excluding wild or domesticated wild animals. The City Code allows farm animals on farm property; however, the code does not define farm animals. Staff recommends adding the following definition: . Farm Animals means cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and other animals commonly accepted as farm animals in the state of Minnesota. The code allows other animals by conditional use permit; however, these other animals are not defined in the code. Staff recommends adding the following definitions: . . Wild Animal means any animal that is wlId, feroCious, or vicious by nature, habit, . . disposition, or character. Animals inthis category include but are not limited to any ape, . -- .:' . Jincluding chimpanzee, giQbon,gorilla, ora~gutari, 9!.siamang]; baboon, bear, bison, . .', ,'hobcat,cheetah, crocodile, coyote, deer, [inchid~rig' ~ll members of the deer family such ,as elk, antelope and moose], elephant, fox, hippopot(lJTIUS, hyena, jaguar, leopard, lion, lynx, monkey, puma, also known as cougar, mountain lion or panther, rhinoceros, any snake which is poisonous or any constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the wild animals such as wolf/dog mixes. · Birds of prey means birds that hunt for food primarily on the wing, using their keen senses, especially vision. Their talons and beaks tend to be relatively large, powerful and adapted for tearing and/or piercing flesh. Sec. 20-1001. (3) ofthe zoning ordinance states Farm animals are an allowed use on allfarm property. Farm animals may not be confined in a pen, feed lot or building within 100 feet of any residential dwelling not owned or leased by the farmer. However, the city code does not define farm property. (Suggested definition: Farm means a tract of land of more than ten (10) acres in size, usually with a house and barn plus other buildings on which crops and often livestock are raised for a principal source of livelihood.) Sec. 20-1001. (6) of the zoning ordinance states that Animals may not be kept if they cause a nuisance or endanger the health or safety of the community. Sec. 13-2. of the zoning ordinance deems the following to be nuisances affecting health, safety, comfort or repose: The keeping of horses, cattle, swine, sheep, goats, rabbits, dogs, or other animals or fowl so as to result in offense odors or disagreeable noises to the discomfort of adjacent property owners, and allowing any animal or fowl to run at large; Todd Gerhardt Farm Animals May 26, 2009 Page 3 Ordinances In Other Communities: The following is a summary of ordinances from other communities and how they compare to the City of Chanhassen: City Ordinance Requirements There are no agricultural districts within the city, therefore; no agricultural animals are permitted via code. Richfield A current rewrite of the animal ordinances is nearly completed and will deal with this issue in more detail, eliminating permits and defining "allowed" animals. Dayton does permit Farm Animals and Large Animals in residential districts depending on the size of the lot. Lot breakdown: Lot Size SA! A-I R-2 R-3 R-l (90,000 sq. ft.) .. (5 acres) (15,000 sq. ft.) 2-4.9 ac. CUP CUP CUP Not permitted Dayton 5+ac. Permitted CUP Permitted Not permitted Dayton has a large number of nonconforming lots and chooses to base the decision on land size, except in urban residential neighborhoods. One acre per animal (Any person keeping, raising, feeding or caring for horses, Fridley cattle, goats, sheep or swine shall provide no less than one (1) acre of open, unused land for each animal.) Does not allow farm animals on a residential lot. Farm animals are only allowed Cambridge in the agricultural district or on lots of at least 10 acres. Except as regulated inFRD (rural/agricultural) district, farm animals (including Plymouth miniatures) are prohibited in Plymouth. Mounds View Does not allow farm animals in the city at all. Farm animals with the exception of chicken (hen) are not permitted outside the rural district. Within the non-agricultural district, there is a limit of four animals Brainerd on a parcel. (For example, the limitation is further clarified as follows: 4 dogs, or 4 cats, or 4 chickens, or 3 dogs and 1 cat, or 3 chickens and 1 dog, or 2 cats and 2 chickens, etc.) Todd . Gerhardt Farm Animals May 26, 2009 Page 4 City Ordinance Requirements Farm animals are an allowed use on all farm property. Farm animals may not be Chanhassen confined in a pen, feed lot or building within 100 feet of any residential dwelling not owned or leased by the farmer. It is staff's opinion that the Chanhassen City Code addresses the subject of farm animals in a method that meets the demographics and nature of the city. It permits farm animals on parcels that have larger acreage and can maintain an adequate distance from other residential properties and adequately regulates them in denser areas. Also, Sec. 20-1001 of the City Code addresses the keeping of animals in the City. Subsection (2) addresses the zoning districts in which horses are allowed. One of the districts is A-I Agricultural Reserve. On May 24,2004, the city repealed any reference to this zoning district since none of the properties within the city held that zoning designation. Staff believes that the reference to the A-I district in this section was unintentionally left in. Staff recommends that subsection (2) be rewritten to read "(2) Horses in the A--l-; A-2, RR and RSF zoning districts in accordance with Chapter 5, Article II!." PLANNING COMMISSION COMMENTS The following is a summary of issues raised by the Planning Commission with staff's finding. Issue: Finding: Issue: Finding: Issue: Finding: Issue: Finding: Should the city allow the keeping of bees in non-agricultural districts? Staff recommends bees be limited to the Agricultural District. We need to specifically address the exclusion of farm animals from non- agricultural areas. The code may be amended to provide specific standards for areas in which farm animals may be kept such as restrictions on the size of a parcel. Currently, the city code permits farm animals on farm property only. Should a limited number of "farm animals," e.g., chickens, ducks, rabbits, etc. be permissible? Staff believes that if this option was available, it may become problematic from an enforcement standpoint. Staff recommends limiting farm animals to farm property. It is beneficial to provide greater clarity through the definitions. However, the definitions, as presented, need to be worked on. Review farm acreage. The city needs to determine where farm animals may be kept. Staff suggests that they be limited to areas where agriculture use is permitted. The city may choose to specify minimum acreage or rely on the existing 100-foot separation requirement. Todd Gerhardt Farm Animals May 26, 2009 Page 5 Issue: Finding: It may be a good idea to specifically exclude wild animals from the City. Staff agrees that wild animals should not be permitted in the city. Issue: Finding: Currently, horses are permitted on minimum 1 Yz acres. Staff recommends maintaining the stable permit standards. This can be accomplished by amending section 20-1001 (3) as follows: Farm animals are an allowed use on all farm property except as otherwise specifically provided in the city code. Farm animals may not be confined in a pen, feed lot or building within 100 feet of any residential dwelling not owned or leased by the farmer. RECOMMENDA TION Staff recommends amending the city code to add the definitions listed in this issue paper and delete any reference to the A-I District in the city code. Staff is also requesting direction on whether to allow other animals in the city through a conditional use permit or prohibit them. g:\plan\issue paper\animals-cc.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 CHANHASSEN CITY CODE, ZONING THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-1001 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (2) Horses in the A-2, RR and RSF zoning districts in accordance with Chapter 5, Article III. (3) Farm animals are an allowed use on all farm property except as otherwise specifically provided in the city code. Farm animals may not be confined in a pen, feed lot or building within 100 feet of any residential dwelling not owned or leased by the farmer. (4) Wild animals and birds of prey may not be kept in the city. Section 2. Section 20-1001 (7) of the City Code, City of Chanhassen, Minnesota, shall be deleted. Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of , 2009, by the City Council of the City of Chanhassen, Minnesota. Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) 1 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, June 16,2009, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for amendments to Chapter 20, Zoning, of the Chanhassen City Code. The proposed changes are available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerous@ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on June 4, 2009)