IV.5. Second Reading of Ordinance 2020-1160; LindahlMEMO
To: Honorable Mayor and City Council
From: Jason Lindahl, City Planner
Date: December 15, 2020
Subject: Second reading of Ordinance 2020-1160 amending the Hopkins City Code
regarding backyard chickens and Single Family Dwelling in the R-2 Zoning
District and authorizing its publication
Proposed Action
Move to adopt Resolution 2020-067 approving the second reading of Ordinance 2020-1160
amending the Hopkins City Code regarding backyard chickens and Single Family Dwelling in the R-
2 Zoning District and authorizing its publication.
Overview
This zoning code text amendment was initiated by staff to make minor revisions to the backyard
chickens regulations approved by the City in August of this year. The original intent of the backyard
chickens ordinance change was to allow single-family residential uses throughout the city to have the
option to have backyard chickens subject to certain restrictions and regulations. Shortly after
adoption, it was discovered that the original ordinance did not include single-family dwellings in the
R-2 zone. The ordinance amendment now before the City Council would revise the backyard
chickens regulations to allow single-family dwellings in the R-2 zone the option to have backyard
chicken subject to the same restriction and regulations as single family dwellings in the R-1-A and R-
1-B districts.
The version of the ordinance before the City Council for the second reading is essentially the same
as the version approved during the first reading. The City Council adopted a motion to approve the
first reading of this item on December 1, 2020. Prior to that action by the City Council, the
Planning & Zoning Commission held a public hearing and recommended the City Council approve
this item on November 24, 2020. Should the City Council approve the second reading of this
ordinance, it will make the following changes and take effect upon publication scheduled for
December 24, 2020.
• Allow 1 Family Dwellings in the R-2 District the option to have backyard chicken subject to the
same restriction and regulations as 1 Family Dwellings in the R-1-A and R-1-B districts.
• Allow 1 Family Dwellings as a permitted use in the R-2 District.
Attachments
• Resolution 2020-067
• Ordinance 2020-1160
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2020-067
A RESOLUTION APPROVING THE SECOND READING OF ORDINANCE 2020-1160
AMENDING THE HOPKINS CITY CODE CHAPTER 6 AND CHAPTER 102 REGARDING
BACKYARD CHICKENS AND SINGLE FAMILY DWELLINGS IN THE R-2 DISTRICT AND
AUTHORIZING ITS PUBLICATION
WHEREAS, the City of Hopkins initiated an application to amend the City Code regarding
backyard chickens and single family dwellings in the R-2 district; and
WHEREAS, the procedural history of the application is as follows:
1. That an application to amend the City Code related to backyard chickens and single family
dwellings in the R-2 district was initiated by the City of Hopkins on October 23, 2020; and
2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a
public hearing to review such application on November 24, 2020 and all persons present
were given an opportunity to be heard; and
3. That written comments and analysis of City staff were considered; and
4. That during their November 24, 2020 regular meeting, the Planning & Zoning Commission
of the City of Hopkins approved a motion recommending the City Council approve this item;
and
5. That the City Council of the City of Hopkins reviewed this item during their December 1,
2020 meeting, agreed with the findings and recommendation of the Planning & Zoning
Commission and approved Resolution 2020-063 approving the first reading of Ordinance
2020-1160.
WHEREAS, The City Council of the City of Hopkins held a second reading of Ordinance 2020-
1160 during their December 15, 2020 meeting.
WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4, allows publication by title and
summary in the case of lengthy ordinances; and
WHEREAS, the City Council finds that the following summary would clearly inform the public
of the intent and effect of the Ordinances.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves the second reading of Ordinance 2020-1160 amending the City Code regarding
backyard chickens and single family dwellings in the R-2 district.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Clerk shall cause the
following summary of Ordinance 2020-1160 to be published in the official newspaper in lieu of the
entire ordinance:
Public Notice
In summary, Ordinance 2020-1160 amends the Hopkins City Code Chapter 6 and Chapter 102 related to
backyard chickens in the R-2 District as follows:
• Allow 1 Family Dwellings in the R-2 District the option to have backyard chicken subject to the
same restriction and regulations as 1 Family Dwellings in the R-1-A and R-1-B districts.
• Allow 1 Family Dwellings as a permitted use in the R-2 District.
Adopted this 15th day of December, 2020.
____________________________________ ____________________________________
Amy Domeier, City Clerk Jason Gadd, Mayor
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CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2020-1160
AN ORDINANCE AMENDING THE HOPKINS
CITY CODE CHAPTER 6 AND CHAPTER 102
REGARDING BACKYARD CHICKENS AND
SIGNLE FAMIL DWELLINGS IN THE R-2
DISTRICT
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Hopkins City Code, Part II, Chapter 6, Article II is hereby amended by adding the
double-underlined language as follows:
Sec. 6-30. – Chicken licenses.
(a) Purpose. The purpose and intent of sections 6-30 through 6-32 is to permit the keeping of
chickens in certain residential areas in a manner that is clean and sanitary and unlikely to
become a nuisance or otherwise become detrimental to the public health, safety and welfare
of the community. These sections are intended to only allow hens pursuant to the
requirements contained herein and the keeping or harboring of roosters and other poultry
is expressly prohibited.
(b) License required. No person may keep, harbor, maintain, care for, or control chickens in
the City without a license issued pursuant to this section. Chicken licenses may only be
issued to persons residing in a 1 Family Detached Dwelling located in requesting to keep
chickens in the City’s R-1 (R-1-A, R-1-B, R-1-C, R-1-D, R-1-E) or R-2 zoning districts
(R-1-A, R-1-B, R-1-C, R-1-D, R-1-E).
(c) Application for license. A person applying for a chicken license must supply the
information required on a City-provided license application, which shall include, but not
necessarily be limited to, the number of chickens to be kept, dimensions and materials of a
chicken coop and/or chicken run, a site plan showing the location of a proposed chicken
coop and/or chicken run in relation to other existing structures and lot lines, and a written
plan for keeping the premises clean and free of waste material, objectionable odors, and
predators. For non-homesteaded properties, written permission from the owner of the
property must also be submitted with any license application.
(d) License fee. A license fee may be established by the City and included in the City’s fee
schedule, and said fee must be paid at the time of making application.
(e) License issuance; term. A license may be issued by the City if all requirements of the
Hopkins City Code are deemed satisfied and will remain satisfied upon the issuance of the
license under the circumstances proposed. A license shall be valid for two years and a
renewal application must be submitted by a licensee at least 30 days prior to license
expiration to ensure no lapse in licensure.
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Sec. 6-31. – Proper confinement, care and maintenance of chickens.
(a) Chicken requirements. In addition to obtaining a license, all chicken owners within the City
shall adhere to the following requirements:
(1) Only hens may be may kept, harbored, maintained, cared for, or controlled in the
City. The keeping, harboring, maintaining, caring for, or controlling of roosters or
any other poultry is prohibited under all circumstances.
(2) The maximum number of chickens allowed shall comply with the information
detailed in the table below.
Maximum Number of Chickens Allowed in Residential Districts
District Number of Chickens Allowed4
R-1-A, & R-1-B or R-2 2 plus 1 additional Chicken for every 4,356 square
feet of lot area over 6,000 square feet (maximum of
4).
R-1-C 3 plus 1 additional Chicken for every 4,356 square
feet of lot area over 12,000 square feet (maximum of
4).
R-1-D & R-1-E 4
(3) Chickens must at all times remain confined on the premises and in a chicken coop
and/or chicken run located in the property’s rear yard, as that term is defined in
Hopkins City Code, section 102-4.
(4) Chickens may not be located in any part of a dwelling, garage, or any other
accessory structure other than a chicken coop or chicken run, except that chickens
under the age of six weeks may be temporarily kept indoors for brooding purposes.
(5) Licensees must provide City staff with access to the premises at any time requested
to verify compliance with the City’s chicken regulations or in response to any
complaint of a violation.
(6) The harvesting or butchering of chickens on the premises is prohibited.
(7) Selling chickens or chicken eggs on the premises is prohibited.
(8) No chickens may be kept or raised in a manner as to cause injury or annoyance to
persons or other animals on other properties in the vicinity of the premises, whether
due to noise, odor, filth, or otherwise.
(9) All grain and food stored for the use of the chickens shall be kept in rodent-proof
and leak-proof containers with tight-fitting covers.
(10) Chicken coops and chicken runs shall be maintained in a clean and sanitary
condition, and in good repair. Flies, rodents and objectionable odors shall be
contained.
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(11) Chicken coops and chicken runs shall be kept free of accumulated fecal matter and
all collected fecal material shall be bagged and properly disposed of at least once a
week. Stored fecal matter must be kept in a leak-proof container with a tight-fitting
cover until removal from the premises.
(12) Chicken feces, discarded chicken feed, and dead chickens shall not be composted.
(b) Chicken coop requirements. All chicken coops in the City shall adhere to the following
requirements:
(1) Must be constructed to adequately keep chickens in and predators out. A coop shall be
fully enclosed and wind proof with a well-ventilated roof to prevent escape by chickens
or entrance by migratory birds and rodents.
(2) Maximum size must comply with the information detailed in the table below and
must not exceed seven feet (7') in total height.
Maximum Size of Chicken Coop
Maximum Number of
Chickens Allowed
Maximum Size
Two (2) Chickens Twelve (12) square feet
Three (3) Chickens Eighteen (18) square feet
Four (4) Chickens Twenty Four (24) square feet
(3) Be screened from view by a fence or landscaped buffer with a minimum height of
four (4) feet. A fence shall require a separate permit consistent with the standards in
Section 102-13. Landscaping may consist of shrubs or trees but shall provide a
minimum 50 percent opacity screen when planted.
(4) Provide adequate protection from the elements and be able to be winterized. Heaters
are strictly prohibited.
(5) Be located in the rear yard of the premises and shall be setback at least five (5) feet from
any on-site or adjacent residential structure or business and conform with the property
line setbacks detailed in the table below.
Chicken Coop Minimum Setback Requirements
District Setback from all property lines
R-1-A, &
R-1-B or R-2
10 Feet from a side (including corner lots) or
rear property line.
3 feet from a rear property line abutting an alley.
R-1-C 15 Feet
R-1-D &
R-1-E
20 Feet
(6) May be made mobile, but must meet all requirements of this section at all times and.
must be returned to their proper location while unattended or after sunset.
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(c) Chicken run requirements. All chicken runs in the City shall adhere to the following
requirements:
(1) The maximum size must comply with the information detailed in the table below and
must not exceed seven feet (7’) in total height.
Maximum Size of Chicken Run
Maximum Number of
Chickens Allowed
Maximum Size
Two (2) Chickens Forty (40) square feet
Three (3) Chickens Sixty (60) square feet
Four (4) Chickens Eighty (80) square feet
(2) Must be enclosed with fencing, weather resistant/green treated wood and/or sealed with a
weather resistant product and/or woven wire materials, and may allow chickens to
contact the ground.
(3) Must have a protective overhead netting to keep the chickens separated from other animals.
(4) A fence permit may be required pursuant to Hopkins City Code, Section 102-13.
(5) Must be located in the rear yard of the premises and shall be setback at least five (5) feet
from any on-site or adjacent residential structure or business and conform with the property
line detailed in the table below.
Chicken Run Minimum Setback Requirements
District Setback from all property lines
R-1-A, &
R-1-B or R-2
10 Feet from a side (including corner lots) or rear
property line.
3 feet from a rear property line abutting an alley.
R-1-C 15 Feet
R-1-D &
R-1-E
20 Feet
(6) May be made mobile, but must meet all requirements of this section at all times and. must
be returned to their proper location while unattended or after sunset.
Sec. 6-32. – Revocation; denial.
(a) A license applied for or issued under section 6-30 may be denied or revoked for any of the
following reasons:
(1) The licensee has violated any regulation or provision of this code applicable to the
keeping, harboring, maintaining, caring for, or controlling of chickens.
(2) The licensee has failed to continuously comply with any conditions attached to the
license.
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(3) The licensee has been convicted of any crime in any jurisdiction that relates to the
mistreatment of or cruelty toward animals.
(4) The licensee has exceeded the maximum number of chickens permitted in their zoning
district.
(5) The licensee has an active arrest warrant for a Property Maintenance Code or Zoning
Ordinance violation pertaining to any property which the licensee, applicant or property
manager has a legal or equitable ownership interest or is involved in management or
maintenance.
(6) The licensee or his or her agent is denying the building official or authorized
representative to perform a license review inspection.
(7) The licensee or any person(s) who has had an interest in two (2) or more licenses
revoked pursuant to this article or canceled pursuant to section 6.32 or a combination
of revocations or cancellations shall be ineligible to hold or have an interest in a chicken
license for a period of five (5) years.
(8) The dwelling is in substandard condition.
(9) The owner has allowed weeds, vegetation, junk, debris or rubbish to accumulate
repeatedly on the exterior of the premises so as to create a nuisance condition. If the
city is required to abate such nuisance conditions, or collect, gather up or haul solid
waste more than three (3) times during a period of twelve (12) months or less, it shall
be sufficient grounds to deny, revoke, suspend or refuse to renew a license.
(b) The city council may revoke a license at any time after giving the licensee at least seven
days' notice by registered mail at the licensee's address shown on the license application,
or, if no address is shown, at the licensee's last-known address. The notice shall state the
intention of the council to revoke the license and the reasons, and it shall give the licensee
an opportunity to appear before the council at a date certain for the purpose of being heard
with regard to the revocation.
SECTION 2. Hopkins City Code Part III, Chapter 102, Article V, Section 102-157 is hereby
amended by adding the double-underlined language as follows:
Sec. 102-160. - Standards in R Districts. The table below lists permitted uses and minimum
standards in R Districts.
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Permitted Uses: R-1-A R-1-B R-1-C R-1-D R-1-E R-2 R-3 R-4 R-5 R-6
1-family detached
dwelling P P P P P P
2-family dwelling P P
2—4-family dwelling P P
Townhouse P P P
Multiple dwelling P P P P
Hopkins-owned park
and recreation P P P P P P P P P P
The following are minimums required:
Lot area (sq. ft.) 6,000 8,000 12,000 20,000 40,000 12,000 16,000 20,000 24,000 16,000
Non-residential use 20,000 20,000 20,000 20,000 40,000 20,000 20,000 20,000 20,000 20,000
Lot area 1 family (sq.
ft.) 3,500 8,000 12,000 20,000 40,000 3,500 2,600 1,600 1,000 2,600
Lot width (ft.) 50 60 80 100 100 100 150 150 150 150
Front yard ( ft.) 25 30 30 35 35 35 35 30 30 35
Side yard (ft.) see
footnote (2)
1-story 8 8 10 10 10 10 15' or ½ the height,
whichever is greater
15' or ½ the height,
whichever is greater
2-story 8 8 12 12 12 12
3-story 10 10 14 14 14 14
Maximum allowed:
Percentage of building
coverage 35 35 35 35 35 35 35 30 30 35
Rear yard 25 30 35 40 40 35 25' or ½ the height,
whichever is greater
25' or ½ the height,
whichever is greater
Dwelling Floor Area (sq. ft.):
1-family 700 800 1,000 1,200 1,200
2-family 700 800
More than 2
Efficiency 520 520 520 520 520
1-bedroom 600 600 600 600 600
2-bedroom 720 720 720 720 720
Over 2-bedroom (700 + 120 for each Bedroom)
Building height 35 35 35 35 35 35 35 45 4 story 4 story
Open space ratio 1:1.5 1:2.5 1:1 1:1:75 1:1.25
SECTION 3. In accordance with Section 3.03 of the City Charter and Minn. Stat. § 412.191, subd.
4, due to the significant length of this Ordinance, City staff shall have the following summary printed
in the official City newspaper in lieu of the complete ordinance:
In summary, Ordinance 2020-1160 amends the Hopkins City Code Chapter 6 and Chapter
102 related to backyard chickens in the R-2 District as follows:
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Allow 1 Family Dwellings in the R-2 District the option to have backyard chicken
subject to the same restriction and regulations as 1 Family Dwellings in the R-1-A and
R-1-B districts.
Allow 1 Family Dwellings as a permitted use in the R-2 District.
A printed copy of the ordinance is available for inspection during regular business hours at Hopkins
City Hall and is available online at the City’s web site located at www.hopkinsmn.com.
SECTION 4. The effective date of this ordinance shall be the date of publication.
First Reading: December 1, 2020
Second Reading: December 15, 2020
Date of Publication: December 24, 2020
Date Ordinance Takes Effect: December 24, 2020
By: ____________________________
Jason Gadd, Mayor
ATTEST:
_____________________________
Amy Domeier, City Clerk