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3a. Farm Animals in Non-Agricultural Zones 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 ~ MEMORANDUM TO: FROM: DATE: SUBJ: Planning Commission Sharmeen AI-Jaff, Senior Planner April 21, 2009 ('.,l~, --". "'.\~ Farm Animals in Non-Agricultural Zones BACKGROUND On April 7, 2009, staff presented an issue paper addressing Farm Animals in N on- Agricultural Zones. The following is a summary of issues raised by the Planning Commission with staff's finding. Issue: Finding: Issue: Finding: Issue: Finding: Issue: Finding: City needs to look into the issue of the keeping of bees. The definition of Farm Animals includes bees. Farm Animals means cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and other animals commonly accepted as farm animals in the state of Minnesota. 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. Chanhassen is a Community for life - Providing for Today and Planning for Tomorrow Planning Commission April 21, 2009 Page 2 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 If these findings address the Planning Commission's concerns, staff will prepare an ordinance amendment. ATTACHMENT 1. Farm Animals in Non-Agricultural Zones Issue Paper dated April 7, 2009. . . g:\plan\issue paper\animals2.doc 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 e e ~ MEMORANDUM TO: Planning Commission FROM: Sharmeen AI-Jaff, Senior Planner DATE: April 7, 2009 SUBJ: Farm Animals in Non-Agricultural Zones BACKGROUND On December 2, 2008, the Planning Commission directed staff to investigate how other communities deal with agricultural animals and if they allow them in non- agricultural districts. 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 Ghicken to cross to the neighbors' yards. Shortly after, staff received complaints. Staff advised the neighbors to 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 permits for the keeping of animals other than pets. There are three animal categories: 1. Household Pets: Permitted in all zoning districts. 2. Farm Animals: Permitted on Farm property. 3. Other animals: Permitted by Conditional Use Permit. Definitions: The current ordinance in the City of Chanhassen allows household pets in all zoning districts. . Pets are defined as a dog or cat, regardless of weight, or an animal not exceeding 40 pounds in weight that is 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. 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, SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Planning Commission April 7,2009 Page 2 e e 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. . Agriculture is defined as the commercial use of land for raising of livestock and poultry, growing and producing of fruits, vegetables, field crops and nursery stock, including tree farms and choose-and-cut Christmas tree sales. The term does not include the commercial raising of fur-bearing animals, nor the operation of riding academies, commercial stables or kennels. The City Code allows farm animals on farm property; however, the code does not define Farm animals. Staff recommends adding the following definition: o 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: o 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. o 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. Planning Commission April 7, 2009 Page 3 e e 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; 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-l 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 in FRD (rural/agricultural) district, farm animals (including Plymouth miniatures) are prohibited in Plymouth. Mounds View Does not allow farm animals in the city at all. Planning Commission April 7, 2009 Page 4 e e . City Ordinance Requirements 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.) 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 the 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 III." 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.doc