VII.1. First Reading Zoning Code Text Amendment Regarding Backyard Chickens Regulations; Lindahl
December 1, 2020 City Council Report 2020-094
Zoning Code Text Amendment Regarding Backyard Chickens Regulations and Single
Family Dwelling in the R-2 Zoning District
Proposed Action: Move to approve Resolution 2020-063 approving the first reading of
Ordinance 2020-1160 amending the Hopkins City Code regarding backyard chickens and Single
Family Dwelling in the R-2 Zoning District.
Overview
This zoning code text amendment was initiated by staff to make a minor revision to the
backyard chickens regulations approved by the City in August of this year. The originally
intended purpose of amending the City Code was to allow residents in single-family residential
neighborhoods throughout the City to have the option to have chickens on their property with
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 proposed draft ordinance
amendment would revise the regulations to allow single-family dwellings in the R-2 zone the
option to have chicken with certain restriction and regulations.
Primary Issues to Consider
● Background
● Zoning Code Text Amendment
● Potential Non-Conformity Issues
● Alternatives
Supporting Documents
● Resolution 2020-063
● Ordinance 2020-1160
● Zoning Map
_____________________
Jason Lindahl, City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
City Council Report 2020-094
Page 2
Background
Shortly after final adoption of the backyard chickens regulations, staff received an application
from Roy Foley and Lindsay Warner of 1402 Oxford Street. The applicants’ property is a single
family dwelling in the R-2, Low Density Multiple Family district. The R-2 district is primarily
made up of 2-family, 2-4 family and townhouse dwelling; however, there are a limited number of
single family dwellings. The original intended purpose of amending the City Code was to allow
residents in single-family residential neighborhoods throughout the City to have the option to
have chickens on their property with certain restrictions and regulations. Since the R-2 district is
primarily made up of 2-4 unit dwellings, staff did not consider it for inclusion in the original
ordinance. The proposed draft ordinance amendment would revise the regulations to allow
single-family dwellings in the R-2 zone the option to have chickens subject to the same
restrictions and regulations as single family dwellings in the R-1-A and R-1-B districts.
To correct this oversight, staff is recommending approval of the attached draft ordinance
amendment. This amendment would make two changes. First, it would amend City Code Part
II, Chapter 6, Article II to allow backyard chickens at 1-Family Dwellings in the R-2 district
subject to the same restrictions and regulations that apply to single family dwellings in the R-1-A
and R-1-B districts. Second, it would amend City Code Part III, Chapter 102, Article V, Section
102-157 to add 1- Family Detached Dwellings as a permitted use in the R-2 district.
Planning & Zoning Commission Action. The Planning & Zoning Commission reviewed this
item (Planning Application 2020-25) during their November 24, 2020 meeting. During the
meeting, the Commission heard a presentation from staff and held a public hearing that included
comments from Roy Foley and Lindsay Warner of 1402 Oxford Street. Mr. Foley and Ms.
Warner commented that they live in a detached single family dwelling in the R-2 district and
would like the city to amend the zoning regulations to allow them to have backyard chickens
subject to the same zoning standards for other single family residential areas in the City. The
Commission had some general discussion of this item and ultimately voted to recommend the
City Council approve this request.
Zoning Code Text Amendment
Zoning Code amendments are legislative actions in that the City is creating new standards to
regulate the development of certain types of uses and/or structures. Under the law, cities have
wide flexibility to create standards that will ensure the type of development they desire. However,
zoning regulations must be reasonable and supported by a rational basis relating to promoting the
public health, safety and welfare. Based on the findings made below, staff recommends approval
of this request.
Consistency with the Comprehensive Plan. The 2040 Comprehensive Plan – Cultivate
Hopkins guides properties in the R-2 district in the Traditional Urban Residential Neighborhood
future land use category. The existing character of areas in this category is moderate density
residential dwellings designed around a classic grid street network with uniform blocks and lots.
The area is predominately single family dwellings but include a mix of duplexes and attached units.
Most properties in this category have vehicle access from a rear alley and good pedestrian and
bicycle access through an established sidewalks and trail system.
In the future, the City plans for this category to include moderate density residential
neighborhoods and accessory uses such as parks and neighborhood scaled public and
institutional uses with densities ranging from 5-12 units per acre. The existing and planned
City Council Report 2020-094
Page 3
character of the R-2 district is generally consistent with the other single family areas of the City
which allow backyard chickens.
Compatibility with Present and Future Land Uses. Based on the analysis above, staff finds
the proposed text amendment to allow backyard chickens at single family dwellings within the R-
2 district subject to the same restricts and regulations as single family dwellings in the R-1-A and
R-1-B districts to be compatible with present and future land uses.
Conformance with New Standards. This section considers how the proposed zoning changes
will fit in with the rest of the zoning regulations and the existing development pattern. In this
case, staff believes the proposed changes will fit well with both of these measures. Backyard
chickens will be limited to single family dwellings in the R-2 district and be subject to the same
restrictions and regulations as similar single family dwellings in the R-1-A and R-1-B districts.
Potential Non-Conformity Issues
According to Minnesota Statute 462.357, Subdivision 1e., legal nonconformities generally have a
statutory right to continue through repair, replacement, restoration, maintenance, or improvement
but not through expansion. These rights run with the land and are not limited to a particular
landowner. If the benefited property is sold, the new owner will have the same rights as the
previous owner. So any non-conformities resulting from these changes would be allowed to
continue in their present form as long as it does not expand or is discontinued for a period of
more than one year. Nevertheless, staff believes there should be few, if any, non-conformities
that result from the proposed backyard chickens regulations because they tend to offer a greater
range of property rights to individual property owners rather than new restrictions.
Alternatives
• Approve the first reading of Ordinance 2020-1160. By approving the first reading of this
ordinance, this application will move forward for a second reading and formal approval at the
December 15, 2020 City Council meeting.
• Deny the first reading of Ordinance 2020-1160. By denying the first reading of this
ordinance, this application will not move forward for formal approval at the December 15,
2020 City Council meeting. Should the City Council consider this option, it must also identify
specific findings that support this alternative.
• Continue for further information. If the Planning & Zoning Commission concludes that
further information is needed, the items should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2020-063
A RESOLUTION APPROVING THE FIRST 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 D-ISTRICT.
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.
4. That during the November 24, 2020 regular meeting the Planning & Zoning Commission of
the City of Hopkins approved a motion recommending the City Council approve this item.
WHEREAS, The City Council of the City of Hopkins reviewed this item during their December
1, 2020 meeting and agreed with the findings and recommendation of the Planning & Zoning
Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves the first reading of Ordinance 2020-1160 amending the City Code regarding backyard
chickens and single family dwellings in the R-2 district based on the findings of fact detailed in City
Council Report 2020-094 dated December 1, 2020.
Adopted this 1st 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 located in requesting to keep chickens in the City’s R-1 zoning districts
(R-1-A, R-1-B, R-1-C, R-1-D, R-1-E) and in 1 Family Detached Dwellings in the R-2
zoning district.
(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 & 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.
4
(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 & 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.
5
(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 & 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:
8
On August 18, 2020, the Hopkins City Council adopted Ordinance 2020-1156 that amends Chapter
6 of the Hopkins City Code. The purpose of amending the City Code is to allow for the chickens in
single-family residential neighborhoods in the city. Council received requests earlier this year
regarding chickens and asked staff to review the issue. By adding language regarding chickens, to
our City Code, residents in single-family residential neighborhoods would have the option to have
chickens on their property with 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. This
ordinance amendment revises the regulations to allow single-family dwellings in the R-2 the option
to have chicken with certain restriction and regulations.
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
ATTEST:
By: __________________________
Jason Gadd, Mayor
Amy Domeier, City Clerk
Hopkins, Minnesota
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(R-1-B) Single Family High Density
(R-1-C) Single Family Medium Density
(R-1-D) Single Family Low Density
(R-1-E) Single Family Low Density
(R-2) Low Density Multiple Family
(R-3) Medium Density Multiple Family
(R-4) Medium High Density Multiple Family
(R-5) High Density Multiple Family
(R-6) Medium Density Multiple Family
(B-1) Limited Business
(B-2) Central Business
(B-3) General Business
(B-4) Neighbhorhood Business
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(I-2) General Industrial
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