Item Coversheet
CITY COUNCIL STAFF REPORT
Monday, May 24, 2021

 

Subject

Ordinance XXX: Approve Ordinance Amendment Concerning Minimum Lot Size for Chickens in Residential Districts and Chapter 1 Definitions
Section NEW BUSINESS Item No: I.1.
Prepared By
Sharmeen Al-Jaff, Senior PlannerFile No: 

PROPOSED MOTION

“The Chanhassen City Council approves Ordinance amending Chapters 1 and 5 of the Chanhassen City Code pertaining to chickens.”

 

Approval requires a Simple Majority Vote of members present.

SUMMARY

On May 18, 2021, the Planning Commission discussed allowing chickens on residential property.  The current ordinance allows chickens on residential property with an area of one acre or larger.  The Planning Commission recommended chickens be permitted regardless of lot size.  The maximum number of chickens on property less than one acre is eight.

BACKGROUND

The current ordinance, which was adopted in 2019, allows chickens on residential property based on lot area.  The breakdown is as follows:

 

1 to 2.5 acres: 8 chickens

2.5 to 10 acres: 16 chickens

10+ acres: no limit

 

The City Council received a Citizen Action Request to allow chickens on residential properties with an area of less than one acre.

 

Based on the Action request, on April 26, 2021 the City Council discussed the Chicken Ordinance during their work session.  The following is an overview of issues that were discussed:

 

  • Neighbor complaints
  • Attraction of predators and rodents
  • Potential disease
  • Odor
  • Noise

 

The Planning Commission recommended the one-acre minimum, and after an in-depth discussion, the City Council recommended that the Planning Commission revisit the minimum lot size requirement.


Attached are the summary minutes for the the April 26, 2021 City Council work session as well as the Planning Commission minutes from February 19, 2019.  The city placed an ad in Chanhassen Villager asking for comments on the potential lot size change. The City Council also directed staff to reach out to neighboring communities to find out the impact of their ordinances.

DISCUSSION

The City received six letters/e-mails in support of allowing chicken regardless of lot size and one letter in support of keeping the ordinance as is. Concerns included:

 

  • Neighbor complaints
  • Attraction of predators and rodents Potential disease
  • Odor
  • Noise

 

The Planning Commission concluded that regardless of the lot size, the setback of a chicken coop will remain the same (25 feet from neighboring structures).  Therefore, the lot size will have no impact. The Commission discussed the total number of chickens that should be permitted on lots less than one acre.  They suggested the current language in the ordinance be modified to read as follows:

 

Sec. 5-133. Density and setbacks.

(a)      No person is permitted to keep more than the following numbers of chickens on any lot within the city, based upon the size of the parcel:

(1)     Lots one acre or larger but smaller than 2½ acres: Eight chickens.

 

Sec. 5-132. Permit required. 

(c)     In order to be issued a permit the applicant must:

(1)     Have a lot one acre or larger.

(1 2)  Have as the principal use of the property a single-family residential structure.

(2 3)  Submit a notarized statement to the city stating that they have informed all adjoining neighbors that they intend to keep chickens.

(3 4)  Not have had a prior chicken permit revoked by the City of Chanhassen.

(4 5)  Meet the density and setback requirements listed in section 5-133.

 

Also, Chapter One of the City Code addresses definitions.  All definitions relating to chickens are in Chapter 5 of the City Code.  Staff is recommending the definitions remain the same but be added to Chapter 1.

RECOMMENDATION

    • The Chanhassen City Council approves the following ordinance amendments:
      Section 1-2 Rules of construction and definitions shall be amended by adding:

      "Chicken or domesticated chicken" means a subspecies of the species Gallus domesticus.
      "Coop" means the structure for the keeping or housing of chickens.
      "Hen" means a female chicken.
      "Rooster" means a male chicken.
      "Run" means an enclosed and covered area attached to the coop where the chickens can roam unsupervised.

      Sec. 5-133. Density and setbacks (a) (1) is amended to read "Lots one acre or larger but smaller than 2½ acres: Eight chickens."
    • Sec. 5-132. Permit required.

      (c) In order to be issued a permit the applicant must:

      (1) Have a lot one acre or larger.

      (1 2) Have as the principal use of the property a single-family residential structure.

      (2 3) Submit a notarized statement to the city stating that they have informed all adjoining neighbors that they intend to keep chickens.

      (3 4) Not have had a prior chicken permit revoked by the City of Chanhassen.

      (4 5) Meet the density and setback requirements listed in section 5-133.
ATTACHMENTS:
Description
Planning Commission Staff Report and Attachments from May 18, 2021
Ordinance
Public Comments Emails
Chicken Permit Form
Ordinance 639