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VII.3. First Reading Ordinance Amending Chapter 6 of the Hopkins City Code Regarding Animals; Imihy BeanAugust 1, 2022 Council Report 2022-073 FIRST READING OF ORDINANCE 2022-1181 AMENDING CHAPTER 6 OF THE HOPKINS CITY CODE REGARDING ANIMALS Proposed Action Staff recommends that the Council approve the following motion: Motion to Adopt for First Reading, Ordinance 2022-1181, Amending Chapter 6 of the Hopkins City Code Regarding Animals. Overview Following a request from Eisenhower Elementary, Staff proposes an amendment to rules and regulations pertaining to the licensure of chickens, found in Chapter 6 of the Hopkins City Code. These changes, outlined fully in the attached ordinance, would allow backyard chickens for institutional buildings, change the maximum number of chickens to four universally, simplify the coop setback and size requirements, and change the length of licenses. This change is proposed with both consideration to an institutional uses desire to have chickens but also in conversation with Staff and current license holders regarding the current process. This review modifies the following within the ordinance: • Allowing for backyard chickens within the Institutional District • Allowing for a maximum of four (4) chickens in all zoning districts where chickens are allowed • Changing the maximum coop size to 24 square feet and the maximum chicken run size to 80 square in all zoning districts where chickens are allowed • Changing the coop and chicken run setback minimum requirement to 10 feet, all zoning districts where chickens are allowed • Modifying the length of license for backyard chickens to be valid until the license holder moves, rather than expiring after two years. This item also appeared before the Planning Commission as an informational item at their regularly scheduled meeting on July 26, 2022, where commissioners were largely supportive of the item, with one planning commissioner requesting that up to six (6) chickens be allowed. Staff finds that over all these changes to the ordinance would be minimal but would improve the experience of obtaining a license by providing greater clarity for applicants. Supporting Information • Ordinance 2022-1181 Amending Chapter 6 of the Hopkins City Code Regarding Animals ________________________________________ PeggySue Imihy Bean , AICP Management Analyst CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2022-1181 ORDINANCE AMENDING CHAPTER 6 OF THE HOPKINS CITY CODE REGARDING ANIMALS NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 6-30 of the Hopkins City Code is hereby amended to add the double- underlined language and delete the stricken 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 zoning districts 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 Institutional 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 until the applicant moves. 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. SECTION 2. Section 6-31 of the Hopkins City Code is hereby amended to add the double- underlined language and delete the stricken language as follows: 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 Allowed R-1-A & R-1-B Residential and Institutional 4 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 t ime 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. (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 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 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. Chicken Coop Minimum Setback Requirements District Setback from all property lines R-1-A & R-1-B Residential and Institutional 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 (5) Be located in the rear yard of the premises and shall be setback at least five feet from any on-site or adjacent residential structure or business and conform with the property line setbacks detailed in the table below. (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. (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 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 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 Residential and Institutional 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. 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: On August 16, 2022, the Hopkins City Council adopted Ordinance 2022-1181that amends Chapter 6 of the Hopkins City Code. The purpose of amending the City Code is to allow for the chickens in all residential and institutional districts including amendments to the setbacks and license terms. 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: August 1, 2022 Second Reading: August 16, 2022 Date of Publication: August 25, 2022 Date Ordinance Takes Effect: August 25, 2022 By: ________________________________ Patrick Hanlon, Mayor ATTEST: _______________________________________ Amy Domeier, City Clerk