08-20-2012 Planning Commission Packet

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I. 1� Roosters&Chickens July 25,2012 Page 3 . 78-565: Conditional Uses section of the RS seasonal recreational district. Wording is slightly different than for other districts - does not include the setback requirements for animal housing structures, and does not refer specifically to Chapter 62 but does require compliance with the City Code. To further summarize the above specifically related to chickens and roosters: - Chickens axe `farm animals' by definition. - The code does not distinguish between chickens (hens) and roosters; they are all defined as `fowl'. - Fowl are allowed in the 2-acre and 5-acre Rural Residential districts as an accessory use. - Fowl are allowed in the Lakeshore Residential 1/2-acre, 1-acre and 2-acre districts and in the RS district, as a conditional use, requiring a CUP. - The number of fowl allowed is based on the size of the property; the minimum acreage for farm animals is at least one acre for the dwelling and one additional acre for ea�h animal unit. - One animal unit is equivalent to 50 fowl under Orono code. Therefore, a 2-acre lot would be allowed 50 fowl, a 3-acre lot would be allowed 100,fowl, 4-acre lot allowed 150, etc. - Structures for housing of animals, including fowl, must be 75 feet from neighboring lot lines and 150 feet from neighboring residence structures. - Animal noise such as crowing that occurs repeatedly for more than 5 minutes at intervals of less than one minute is considered a noise violation. It should be noted that the general noise ordinance regulations contained within Chapter 58: . Environment of the municipal code do not address animal noise. � ( Brief Analysis � While a number of cities have banned roosters,there is no clear uniformity among local ordinances that deal with poultry. One generalization that staff believes can be made is that cities with higher density development are more likely to have banned roosters, and in some cases also banned or limited the number of chickens at a property. Some cities have established a licensing or permit requirement for the keeping of chickens. It appears common that many cities have allowed chickens in just their rural-density (agriculture or farming) districts, and/or required minimum lot sizes in order to keep chickens. City Attorney Soren Mattick has provided a sample ordinance from one of the southern Twin ``` Cities communities (Exhibit C). This is not necessarily a suggested ordinance, but is just an example of what one other city has adopted. Soren's admonition to us is that we should avoid an ordinance that hinges approval of chickens/roosters on a neighbor's approval. He also notes that a ban on roosters enacted within the Animals section of the Code (Chapter 62)will not be subject to a grandfathering of existing roosters; whereas grandfathering is a risk if such a ban is added to the zoning code.