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HomeMy WebLinkAbout1051 Ord (Keeping of Chickens)ORDINANCE NO. 1051 AN ORDINANCE AMENDING CITY CODE SECTION 31 -514 RELATING TO THE KEEPING OF CHICKENS IN THE CITY The City Council of the City of Stillwater does ordain: 1) AMENDING. Section 31 -514, Subdivision 1 of the City Code entitled "Farm Animals" is amended to hereafter read as follows: Subd. 1. Farm animals. In all districts any lot upon which farm animals are kept must be at least three acres in size. Farm animals are defined as: horses, cows, sheep, pigs, chickens, ducks, rabbits and other commonly known domestic farm animals. Chickens are allowed in the RA and RB zoning district on a lot of any size as long as they follow the standards Section 31- 514, Subd. 6 and receive a permit from the City. (a) See Section 27 -3 for regulations related to beekeeping. (b) See Section 31 -514, Subd. 6 for regulations related to keeping of chickens in the RA and RB zoning districts. 2) AMENDING. Section 31 -514 is amended by adding the following Subdivision: Subd. 6. Keeping of Chickens. (1) Any person who keeps chickens in the City of Stillwater in the RA and RB zoning district must obtain a permit prior to acquiring the chickens. The first permit is valid for up to two years beginning on the date the chickens arrive on the site and ending on December 31 of the following year. Subsequent permits are valid from January 1 of one year to December 31 of the second year. Applications for permits must be made to the Community Development Department. i. Fees cha rged for the issuance of a permit to keep chickens will be set by the City Council. ii. The City may refuse to grant or may revoke a permit if the chickens become a nuisance, as evidenced by a second substantiated violation (within 12 months of a first substantiated violation) of this Section of City Code, or Chapter 38 (Nuisances) of City Code. iii. The City may refuse to grant a permit to, or may revoke a permit from, a person convicted of cruelty to animals. iv. Permits are non - transferable and do not run with the land. v. A permit constitutes a limited license granted to the chicken keeper by the City and in no way creates a vested zoning right. vi. Prior to issuance of a permit, the prospective permit holder must acknowledge they have read the Chicken Run Rescue publication entitled "Recommendations for Municipal Regulations of Urban Chickens (2010)" or similar publications approved by the City's Community Development Department. vii. Prior to issuance of a permit, the prospective permit holder must provide a plan for maintaining an adequate temperature in the coop for the safety of the chicken hens. The plan must address both extreme winter and summer temperature conditions. viii. Prior to issuance of a permit notices must be mailed to all homes within 150 feet of the applicant's property lines. a) If there are objections received within ten days of mailing the notices, then the permit application must be considered by the City Council. b) If there are no objections received within ten days of mailing the notices, then the permit application will be processed by City staff. It will not be referred to the City Council for consideration. (2) Each person holding a permit to keep chickens within the City of Stillwater shall comply with the following: i. The principal use of the specific property must be either single - family residential or two - family residential. A permit will not be issued for any property which is used principally for something other than single - family or two - family. If the property's principal use is two - family residential, then the property owner must sign the permit in addition to the chicken keeper; ii. No person may keep more than five chickens; iii. No person may keep a rooster; iv. No person may allow chickens to range freely without fencing or without a mobile pen; iv. No person may keep any chickens inside the house; v. No person may slaughter any chickens within the City of Stillwater; vi. Chickens must be provided a secure and well ventilated roofed structure ( "chicken coop "); vii. The roofed structure and required fencing for the chickens may only be located in a rear yard and must meet setback and building separations as established in City zoning and building codes, except that the roofed structure and fencing must maintain a twenty foot separation from dwellings on adjacent properties; viii. The roofed structure shall be fully enclosed, wind proof, and have sufficient windows for natural light; ix. The floors and walls of the roofed structure shall be kept in a clean, sanitary and healthy condition with all droppings collected on a daily basis and placed in a fireproof covered container until applied as fertilizer, composted or transported off the premises; x. Chickens must be kept in the roofed structure, an attached pen, or a detached mobile pen whenever they are unattended by the keeper; but when attended by the keeper, the chickens are allowed in a completely fenced exercise yard; xi. The coop's attached pen must be securely constructed with at least a mesh type material and shall have protective overhead netting to keep the chickens separated from other animals; xii. The coop's attached pen must be well drained so there is no accumulation of moisture; and xiii. The floor area of the roofed structure or a combination of the floor area and attached pen area must equal at least ten square feet of area per chicken. 3) SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. 4) EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 2nd day of October, 2012. CITY OF ST LW Ken Haryc Diane F. Ward, City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF WASHINGTON City of Stillwater (Official Publication) ORDINANCE NO 1051 AN ORDINANCE AMENDING CITY CODE SECTION 31 -514 RELATING TO THE KEEPING OF CHICKENS IN THE CITY The City Council of the City of Stillwater does ordain: 1) AMENDING. Section 31 -514, Subdivision 1 of the City Code entitled "Farm Animals" is amended to hereafter read as follows: Subd. 1. Farm animals. In all districts any lot upon which farm animals are kept must be at least three acres in size. Farm animals are defined as: horses, cows, sheep, pigs, chickens, ducks, rabbits and other commonly known domestic farm animals. Chickens are allowed in the RA and RB zoning district on a lot of any size as long as they follow the standards Section 31 -514, Subd. 6 and receive a permit from the City. (a) See Section 27 -3 for regulations related to beekeeping. (b) See Section 31 -514, Subd. 6 for regulations related to keeping of chick- ens in the RA and RB zoning districts. 2) AMENDING. Section 31 -514 is amended by adding the following Subdivision: Subd. 6. Keeping of Chickens. (1) Any person who keeps chickens in the City of Stillwater in the RA and RB zoning district must obtain a permit prior to acquiring the chickens. The first permit is valid for up to two years beginning on the date the chickens arrive on the site and ending on December 31 of the following year. Subsequent permits are valid from January 1 of one year to December 31 of the second year. Applications for permits must be made to the Community Development Department. i. Fees charged for the issuance of a permit to keep chickens will be set by the City Council. H. The City may refuse to grant or may revoke a permit if the chickens become a nuisance, as evidenced by a second substantiated violation (within 12 months of a first substantiated violation) of this Section of City Code, or Chapter 38 (Nuisances) of City Code. iii. The City may refuse to grant a permit to, or may revoke a permit from, a person convicted of cruelty to animals. iv. Permits are non - transferable and do not run with the land. v. A permit constitutes a limited license granted to the chicken keeper by the City and in no way creates a vested zoning right. vi. Prior to issuance of a permit, the prospective permit holder' must acknowledge they have read the Chicken Run Rescue publication entitled "Recommendations for Municipal Regulations of Urban Chickens (2010)" or similar publications approved by the City's Community Development Department. vii. Prior to issuance of a permit, the prospective permit holder must pro- vide a plan for maintaining an adequate temperature in the coop for the safety of the chicken hens. The plan must address both extreme winter and summer temperature conditions. viii. Prior to issuance of a permit notices must be mailed to all homes with- in 150 feet of the applicant's property lines. a) If there are objections received within ten days of mailing the notices, then the permit application must, be considered by the City Council. b) If there are no objections received within ten days of mailing the notices, then the permit application will be processed by City staff. It will not be referred to the City Council for consideration. (2) Each person holding a permit to keep chickens within the City of Stillwater shall comply with the following: i. The principal use of the specific property must be either single- family residential or two - family residential. A permit will not be issued for any property which is used principally for something other than single - family or two- family. If the property's principal use is two- family residential, then the property owner must sign the permit in addition to the chicken keeper; Julie Athey, being duly sworn on oath, says: that she is, and during all times herein states has been, Clerk of Sun Newspapers Publisher of the newspaper known as the Stillwater Gazette, a newspaper of general circulation within the City of Stillwater and the County of Washington. That the notice hereto attached was cut from the columns of said newspaper and was printed and published therein on the following date(s): 17th of October 2012 Newspaper Ref. /Ad #1132037 Subscribed and sworn to before me this 19th day of October 2012 Mark Berriman NOTARY PUBLIC Washington County, Minnesota My commission expires January 31, 2016 ARK E. 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