(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BROODING. The period of chicken growth when supplemental heat must be provided due to the bird’s inability to generate enough body heat.
CHICKEN. A domesticated bird that is kept as a pet or serves as a source of eggs or meat.
COOP. The structure used for the keeping or housing of chickens permitted by this section.
FREE RANGE. Allowing the chickens to leave their designated coop and run with or without supervision.
HEN. A female chicken.
ROOSTER. A male chicken.
RUN. A fully-enclosed and covered area attached to a coop where the chickens can roam unsupervised.
(B) Requirements for the keeping of chickens. The following shall be required of for persons keeping chickens:
(1) The keeping and maintaining of chickens shall be allowed in R-l residential districts by issuance of a chicken keeping license in accordance with this section, and subject to compliance with the following standards:
(a) The keeping and maintaining of chickens shall be allowed on properties that are legal conforming lots of record in their respective zoning district.
(b) The keeping of chickens shall only be allowed in the following zoning districts: R-1, One- and Two-Family Residential District.
(c) Only a property owner shall be eligible to obtain a chicken keeping license for their property. In the case of properties where the owner does not reside on the property, written permission from the property owner must be obtained for the property to receive a license. In no case shall a property contain more than one license for keeping of chickens.
(d) A maximum of four hen chickens shall be allowed per property.
(e) The keeping of asil or buckeye chickens, roosters, peacocks and waterfowl shall be prohibited.
(f) The chickens shall be housed within an enclosed accessory building (coop and run) subject to the requirements of division (B)(4) below.
(g) Fencing used to contain chickens shall comply with division (B)(4) below.
(h) The license holder of the chickens shall control animal manure and dispose of it properly. No household waste (i.e., kitchen scraps) shall be used as chicken feed. The license applicant shall submit a narrative for management plan that includes the following:
1. How the coop and run will be cleaned.
2. How the manure will be collected, stored and disposed of.
(i) The feeding of chickens shall only take place inside the chicken coop and run.
(j) Grains and food stored on the premises shall be kept in rodent-proof containers and kept inside the principal building or an accessory building on the property.
(k) Food shall not be allowed to accumulate around feeders, run or coops and must be removed to avoid rodent and vermin.
(l) The chickens must always remain inside the coop and run. Allowing chickens to “free range” is strictly prohibited.
(m) If eggs are harvested, they shall not be offered for sale from the premises.
(n) All premises on which chickens are kept or maintained shall be kept in a clean, sanitary and healthy manner from filth, garbage, and any substances and all droppings and body excretions collected weekly. All waste must be properly disposed of or composted.
(o) No chicken may be kept or raised in a manner as to cause injury or annoyance to persons or other animals on other property in the vicinity by reason of noise, odor, or filth.
(p) Slaughtering of chickens and “cockfighting” are prohibited.
(q) All grass and weeds shall be maintained in accordance with § 152.05.
(r) Any diseased or sick chickens shall be disposed of immediately.
(s) Any chickens that are deceased must be either buried immediately or removed from the property immediately in accordance with the Minnesota Board of Animal Health Livestock Carcass Disposal Guide; the Minnesota Pollution Control Agency; and any other applicable laws and guidelines.
(t) The fee for the chicken keeping license shall be as set forth by the City Council in the city’s fee schedule.
(2) A chicken keeping license application shall include the following:
(a) A description of the real property upon which is desired to keep the chickens.
(b) The number and breed of chickens to be maintained on the premises.
(c) A site plan of the property showing the location and size of the proposed chicken coop and run, setbacks from the chicken coop to property lines and surrounding building (including houses and buildings on adjacent lots), and the location, style, and height of fencing proposed to contain the chickens in a run or exercise area. Portable coops and cages are not allowed.
(d) Statements that the applicant will at all times keep the chickens in accordance with all of the conditions prescribed by the city, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this section and grounds for cancellation of the permit.
(e) Agreement that property may be inspected by the city at all reasonable times.
(f) Approval of adjacent property owners.
(g) Such other and further information as may be required by the officer.
(h) If a license application should be denied, the applicant must wait at least one year to reapply for the chicken keeping license application.
(3) A chicken keeping license includes the following conditions:
(a) No person shall anywhere in the city keep, harbor, or maintain care, custody, or control over any chicken without obtaining a chicken keeping license issued by the city.
(b) Approval of chicken keeping license application is subject to conditions prescribed by the city. Failure to adhere to conditions is cause for cancellation of the permit and/or may result in an administrative fine.
(c) If granted, the permit shall be issued by city staff and shall state the conditions, if any, imposed upon the permitted for the keeping of chickens under this license. The license shall specify the restrictions, limitations, conditions and prohibitions which the city deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health and safety.
(d) Any person aggrieved by the decision of the city staff may appeal that decision to the City Council by filing an agenda request to appeal with the City Manager within ten calendar days after the city’s decision. The City Manager shall cause the appeal request to be placed on the agenda of the next regular City Council meeting that is held not less than ten calendar days following receipt of the appeal request. The City Council may affirm or reject the decision of the city staff. The Council may add reasonable conditions to any decision granting a license or permit or may delete any conditions previously imposed by city staff.
(4) A chicken coop and run shall adhere to the following requirements:
(a) The coop and run shall comply with applicable accessory building area requirements of the district where it is located and the applicant must obtain a permit for an accessory building.
(b) Total area for coop and covered run is limited to no more than 60 square feet.
(c) Coop and run must be located entirely in the rear yard. Lots with shoreline on the St. James Lake are permitted to maintain a coop and run in the front yard except within the first 100 feet of lot depth.
(d) Coop and run shall be located at least ten feet from side or rear lot lines.
(e) Coop and run shall be at least 30 feet from an adjacent property’s primary residence.
(f) Coop and run must be located at least 50 feet from any well.
(g) Coop and run must be located more than six feet from the primary structure or any accessory structures on the property.
(h) Coop and run must be removed and site restored if keeping of chickens is discontinued for more than 12 months.
(i) The coop and run shall be constructed in a workmanship fashion and shall match the principal structure on the property in color. The coop and run must be fully enclosed on all sides and top with one of the following materials:
1. Pressure-treated lumber.
2. Metal fencing intended for an animal enclosure.
3. Lumber intended for outdoor use such as cedar, teak, or redwood provided that it is painted to match the existing principal structure or other accessory structures on the property.
4. Materials commonly found on the exterior of a principal structure such as asphalt shingles, vinyl siding, stucco, cement fiber, painted wood or brick.
(j) In no case shall the following materials be used for the construction of a chicken coop or run:
1. Corrugated metal.
2. Rusted metal of any kind.
3. Cinder block.
4. Lumber not intended for exterior use.
5. Plywood, particle board or similar material.
6. Plastics of any kind.
7. Tarp or poly material of any kind.
8. Gypsum board.
(k) The coop shall provide a minimum of four square feet per animal in the coop and the run shall contain a minimum of four square feet per animal. In no case shall the footprint of the coop and run be larger than 200 square feet. If the coop is elevated two feet above the ground, so the chickens can access the space beneath, that area may be counted as a portion of the minimum run footprint.
(l) The height of the coop and run shall not exceed eight feet in height.
(m) The coop and run shall count against the property’s number of accessory structures, and shall count against the property’s accessory building square footage allowance.
(n) In no case shall an existing accessory structure on the property that does not conform to these requirements be used as a chicken coop and run.
(o) The chicken coop and run must be anchored to the ground.
(p) Before a chicken coop and run can be used, it must be inspected by an agent of the city for compliance with this section.
(q) The coop and run shall not cause drainage to leave the property.
(r) If the license holder is no longer keeping chickens, the coop and run shall be removed from the property within one year of the chickens being removed from the property.
(C) Enforcement.
(1) A chicken keeping license shall expire for any of the following reasons:
(a) If chickens are removed from the property for a period of one year.
(b) The license is revoked.
(c) A violation occurs as outlined below.
(2) If a property receives three or more valid complaints regarding the keeping of chickens, the chicken keeping license shall be revoked and the chickens must be removed from the property within 30 days of the date of revocation. A violation will be sited if the chicken is running-at-large. The license holder may appeal to the City Council for reinstatement of their license by filing an agenda request to appeal with the City Manager within ten calendar days after the city’s decision to revoke the license. The City Manager shall cause the appeal request to be placed on the agenda of the next regular City Council meeting that is held not less than ten calendar days following receipt of the appeal request. The City Council may affirm or reject the decision of the city staff.
(3) Any violation of this section shall be considered a nuisance per § 90.02, and is subject to an administrative fine in accordance with the city’s fee schedule.
(4) If a property has a chicken keeping license revoked, the property is not eligible for a new license unless a conveyance of the property has occurred, and the previous license holder no longer resides on the property.
(5) The chicken keeping license shall apply only to the named applicant, shall not run with the land, and may not be transferred. It shall automatically terminate upon the vacation of the property by the applicant.
(Ord. 010, fourth series, passed 2-21-2023)