Loading...
2020-1160 Ordinance Amending the Hopkins City Code Chapter 6 and Chapter 102 Regarding Backyard Chickens and Single Family Dwellings in the R-2 DistrictCITY OF HOPHINS COUNTY OF HENNEPIN ORDINANCE NO. 2020-1160 AN ORDINANCE AMENDING THE HOPHINS 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 l. 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 residin� in a 1 Familv Detached Dwellin� located in r��„��+;�R *� ���� ^'����n 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 1 p� 1 A D 1� D 1/' D 1 T D 1 C�' > > > > �• (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 inust also be submitted with any license application. (c� 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. 2 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 followingrequirements: (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-A3 � 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 (ma�num of 4. R-1-C 3 plus 1 additional Chicken for every 4,356 square feet of lot area over 12,000 square feet (inaximum 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. ('� Selling chickens or chicken eggs on the premises isprohibited. (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. (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 Coo Maximum Number of Maximum Size Chickens Allowed Two 2 Chickens Twelve 12 s uare feet Three 3 Chickens Ei hteen 18 s uare feet FouY 4 Chickens Twen Four 24 s uare 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 confonn with the property line setbacks detailed in the table below. Chicken Coo Minimum Setback Re uirements District Setback from all ro er lines R-1-A3 � 10 Feet from a side (including corner lots) or R-1-B or R-2 rear property line. 3 feet from a rear ro ert line abuttin an alle . R-1-C 15 Feet R-1-D & 20 Feet R-1-E (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. 4 (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 Maximurn Number of Maximum Size Chickens Allowed Two 2 Chickens For 40 s uare feet Three 3 Chickens S� 60 s uare feet Four 4 Chickens Ei h 80 s uare 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 Re uirements District Setback from all ro er lines R-1-A� � 10 Feet from a side (including corner lots) or rear R-1-B or R-2 property line. 3 feet from a rear ro ert line abuttin an alle . R-1-C 15 Feet R-1-D & 20 Feet R-1-E (6) May be made mobile, but must meet all requirements of this section at al1 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 ofchickens. (2) The licensee has failed to continuously comply with any conditions attached to the license. 5 (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 ofrevocations 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 sha11 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 ainended 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. 0 Permitted Uses: R-1-A R-I-B R-I-C R-1-D R-1-E R-2 R-3 1-family detached P P P P P p dwelling = 2-family dwelling P ; j I I P � _�-_ 2-4-family dwelling 9 P P Townhouse ��� P P Multiple dwelling � P P Hopkins-owned park P P P p P P P and recreation The following are minimums required: Lot area (sq. ft.) 6,000 8,000 12,000 20,000 40,000 12,000 16,000 Non-residential use 20,000 20,000 20,000 20,000 40,000 20,000 20,000 Lot area 1 family (sq. 3,500 8,000 12,000 20,000 40,000 3,500 2,600 ft.) Lot width (ft.) 50 60 80 100 100 100 150 Front yard ( ft.) 25 30 30 35 35 35 35 Side yard (ft.) see foomote (2) 20,000 24,000 16,000 20,000 20,000 20,000 1,600 1,000 2,600 150 150 150 30 30 35 1-story 8 8 10 10 10 10 �5' or'/z the height, whicheveris greater 2-story 8 8 12 12 12 12 3-story 10 10 14 14 14 14 � Maximum allowed: Percentage of building 35 35 35 35 35 35 35 30 coverage Rear yard 25 30 35 40 40 35 ZS' or %z the height, whicheveris greater 15' or %z the height, whicheveris greater 30 35 25' or'/Z the height, whichever is greater Dwelling Floor Area (sq. ft.): � 1-family 700 800 1,000 1,200 1,200 I i i 2-family 700 800 More than 2 � � � Efficiency I J�' T��� 520 520 520 1-bedroom �-�---�_� 600 600 600 2-bedroom -r �-�- 720 720 720 Over 2-bedroom (700 + 120 for each Bedroom) Building height 35 35 35 35 35 35 35 45 Open space ratio 1:1.5 1:2.5 I: I 520 520 600 600 720 720 4 story 4 story 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 ofthis 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: 7 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: Second Reading: Date of Publication: Date Ordinance Takes Effect ATTEST: � .r � � ; l ��� �� Amy Domeier, City Clerk December 1, 2020 December 15, 2020 December 24, 2020 December 24, 2020 � � ,�.�f ,.'' By. G^y� � i Jason Gad , ayor