SMALL ANIMAL ORDINANCE Ordinance Amendments Section V.V Keeping of Animals

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Agatha Dean
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1 MEMO Date: Nvember 4, 2013 T: Alexandria Twn Bard Frm: Ben Olesn, Hmetwn Planning Zning Administratr, Alexandria Twnship Re: Zning Administratr s Reprt Dear Twn Bard Members: The Planning Cmmissin held its regular meeting n Octber 25, There were n public hearings, hwever the Planning Cmmissin reviewed the small animal rdinance that the Twn Bard had sent back fr further review and is passing n its recmmendatin t the Twn Bard regarding that rdinance. SMALL ANIMAL ORDINANCE Applicatin: Applicant: Ordinance Amendments Sectin V.V Keeping f Animals Alexandria Twnship Backgrund Infrmatin: The Planning Cmmissin had previusly sent a recmmendatin t the Twn Bard fr the adptin f amendments t the sectin f the rdinance regulating the keeping f small animals (chickens, geese, miniature pigs, snakes, etc ). The riginal recmmendatin came after a public hearing at the September 2013 meeting f the Planning Cmmissin. The Twn Bard, after reviewing and discussing the riginal recmmendatin, sent the matter back t the Cmmissin fr further research and discussin. The Planning Cmmissin made that review at its Octber meeting and is nw passing n a revised recmmendatin that takes int accunt the issues and cncerns raised by the Twn Bard. The small animal rdinance was an rdinance that the Twnship riginally adpted in the Spring f 2012 (it is nt a sectin that is within the Cunty rdinance and the keeping f such animals is essentially unregulated 1 ). Having had sme experience with the rdinance, and hearing frm several prperty wners wh were unhappy with hw restrictive it was in certain respects (mstly in terms f hw many chickens they were allwed t raise), the Cmmissin began discussing pssible amendments. Hwever, there was nt universal agreement n the 1 The Cunty des have feedlt regulatins and these wuld apply at the pint that the number f small animals n a prperty reached 10 animal units in shreland areas (higher in nn-shreland areas). Hwever, since ne animal unit = 1,000 punds f animal, it wuld take 200 chickens t reach even ne animal unit (2000 chickens t reach the pint where it wuld ptentially be regulated by the Cunty). Fr ducks, it wuld take 1000 animals t reach the pint f being regulated.

2 Cmmissin as t whether the rdinance was t restrictive r nt restrictive enugh. The recmmended amendment t this sectin represents a bit f a cmprmise in that respect. A summary f the changes (frm the current rdinance including bth runds f recmmended changes by the Cmmissin) are as fllws: Mre Restrictive 1. The keeping f pisnus, venmus, wild r extic animals is prhibited thrughut the Twnship. 2. The minimum lt size t keep small animals (nt including dgs and cats, which are regulated under a separate rdinance) is recmmended t be set at ne (1) acre (there was n minimum lt size in the current rdinance). The Cmmissin als recmmends that this restrictin be applied thrugh an entire subdivisin if the average lt size within that subdivisin is ne acre r less (i.e. if yu have a 1.5 acre lt within a subdivisin where the ther lts are mstly ne acre r less, yu wuld nt be able t keep small animals). 3. It is clarified that certain animals must be kept entirely within a (small reptiles/amphibians and talking birds). 4. The minimum setback fr utdr fenced animal areas is increased frm 0 feet t 10 feet (dwn frm 25 feet in the riginal Planning Cmmissin recmmendatin frm last mnth). Less Restrictive 1. The lt size at which the keeping f small animals (nt including dgs and cats) is nt regulated was reduced frm five (5) acres t tw and ne-half (2.5) acres. Feedlt regulatins wuld still apply (new feedlts are nt allwed anywhere within the Twnship). 2. The number f animals which may be kept (n lts larger than ne acre) wuld nw be based n a frmula that takes int accunt actual lt size and the square ftage f fenced area t enclse the animals. The current rdinance limits the number f animals t three (3) fr any lt size under five acres and requires an interim use permit whether the lt is ½ acre r 4.9 acres. a. As an example, under the current recmmendatin, the maximum number f chickens that a landwner may keep n a acre lt withut a permit f any kind is increased frm 0 t 5 and with an interim use permit (public hearing required) the number f allwed chickens increases frm 3 t 10. Other animals are treated similarly with varying numbers allwed based n the type f animal. b. See attached table fr a mre cmplete summary f the maximum number f animals allwed fr different lt sizes and animal types. 3. The maximum size area in which small animals can be kept utdrs is increased frm 36 sq ft t 400 sq ft. Minimum fenced areas are als impsed, based n the type f animal and the amunt f space they need t be healthy.

3 Planning Cmmissin Actin: The Planning Cmmissin has recmmended adptin f the amended rdinances (Sectin V.V). The recmmended language is attached, highlighting differences frm the current rdinance and frm the recmmendatin fllwing the September meeting. Other Items A number f ther rdinance amendments were als discussed either fr amending current rdinances r adding new sectins. These included: Variance criteria the Twnship had previusly decided t wait t make these state-mandated amendments t ensure that the Cunty s parallel update wuld nt be mre restrictive than the state. Based n staff cnversatins with Cunty L&R staff, they d nt have a timeline fr making this update anymre and they d nt expect t be mre restrictive than the state language when they d make the update. The Planning Cmmissin asked fr language t be presented at their Nvember meeting which highlights any differences frm the state language. Hme ccupatin rdinance Tabled due t the length f the meeting. Slar/Wind pwer rdinance Tabled t allw fr the Cunty s prcess in develping rdinances arund these technlgies t cmplete. The Cmmissin directed Staff t request that the Twnship Zning Administratr be allwed t sit in n the Cunty s future meetings arund this tpic. Cmmissiner Dkken- McFann was identified as an alternate shuld the Zning Administratr be unavailable fr thse meetings. Staff did talk t the Cunty staff and they said they will send ntices f upcming meetings s that the Twnship may sit in (Nte: Supervisr Niskanen is a member f the Cunty s cmmittee reviewing these rdinances as well since he is a Cunty Planning Cmmissin member). Residential fences The Cmmissin reviewed the City f Alexandria s recently adpted rdinance regarding residential fences and the request frm a Twnship resident previusly regarding regulating temprary fences in particular. The Cmmissin directed staff t draft changes t the current regulatins that better defines temprary vs. permanent fences. They will cntinue discussins as t whether they feel the Twnship shuld regulate residential fences r adpt vluntary guidelines. Pervius Paves Tabled due t the length f the meeting. A training sessin and discussin n a Cmprehensive Plan update was tabled due t the length f the meeting. The Cmmissin changed the time fr its site visits, beginning January 2014, t the 2 nd Friday f each mnth at 10am (r whatever Friday happens t be tw Fridays prir t the public hearing). ****************************************************************************** If yu have questins r cncerns n the items in this reprt r any ther issues, please d nt hesitate t cntact us. Yu can reach me by at lesn@hmetwnplanning.cm r by phne at

4 MAXIMUM NUMBER OF ANIMALS ALLOWED Alexandria Twnship "Small Animal" Ordinance Nvember 4, 2013 DRAFT Ordinance Amendments (as recmmended by Planning Cmmissin) "By Right" (N permit necessary) Type f Animal < 1 acre 1 acre 1.5 acres 2 acres 2.5 acres > 2.5 acres Small Pultry In hme nly Nt regulated Large Pultry In hme nly Nt regulated Talking Birds In hme nly In hme nly In hme nly In hme nly In hme nly Nt regulated Small Reptiles/Amphibians In hme nly In hme nly In hme nly In hme nly In hme nly Nt regulated Small Mammals (except pigs) In hme nly Nt regulated Miniature Pt Belly Pigs In hme nly Nt regulated With an Interim Use Permit (Public hearing required + $400 applicatin fee) Type f Animal < 1 acre 1 acre 1.5 acres 2 acres 2.5 acres > 2.5 acres Small Pultry In hme nly Nt regulated Large Pultry In hme nly Nt regulated Talking Birds In hme nly In hme nly In hme nly In hme nly In hme nly Nt regulated Small Reptiles/Amphibians In hme nly In hme nly In hme nly In hme nly In hme nly Nt regulated Small Mammals (except pigs) In hme nly Nt regulated Miniature Pt Belly Pigs In hme nly Nt regulated Definitins: Fwl/Pultry, Large: Fwl/Pultry, Small: Reptiles/Amphibians, Small: Mammals, Small: Geese, turkeys, peaccks, striches Chickens, guinea hens, ducks, pigens, parrts and ther birds. Snakes, lizards, iguanas, chamelens, salamanders, turtles, frgs Rabbit, mink, ferret, miniature/pt belly pigs

5 Strikethrugh deleted frm current rdinance Underline added t current rdinance Highlight change frm 9/23/2013 draft SECTION III. ZONING DISTRICT REGULATIONS B. Uses Permitted. 1 2 The fllwing set f tables establishes the uses permitted, permitted by cnditinal r interim use permit, r nt permitted. All uses are subject t the requirements r perfrmance standards f this rdinance. Perfrmance standards applicable t uses in all zning districts are given in Sectin V. Key: A = Allwed, n permit required; P = A use allwed, but which may require a land use permit; CU = A use requiring a Cnditinal Use Permit; IU = A use requiring an Interim Use Permit; X = nt permitted. RESIDENTIAL USES RCR RR UR RS CS C-U C-R I Keeping f Animals (as per Sectin A A/IU A/IU A/IU A/IU A A A V.V f this rdinance) 3 SECTION V. PERFORMANCE STANDARDS V. KEEPING OF ANIMALS The purpse f these regulatins is t permit and regulate the keeping f small animals nt therwise regulated by this rdinance as livestck r under Alexandria Twnship Ordinance #117 (dgs and cats) as may be amended frm time t time. These regulatins are intended t T prvide a higher develpment standard and t cntrl the keeping f small animals s as t preserve the residential nature f certain areas.. 1. General a. The keeping f animals which are pisnus, venmus, cnstrictive, dangerus, wild r extic is prhibited thrughut the Twnship. b. Unless kept entirely within a (nt including attached garages), the keeping f animals subject t this rdinance is nt allwed n lts less than ne acre in size, in platted subdivisins with an average lt size f ne (1) acre r less, r n lts with a width f 60 feet r less. c. T prvide a higher develpment standard and t cntrl the keeping f small animals s as t preserve the residential nature f certain areas. This The remainder f this sectin shall be applicable t all parcels f land within which are ne (1) t tw and ne-half (2.5) acres in size and within the Urban Residential, Rural Residential r shreland district zning districts that cntain five acres r less.. 2. Definitins Animal, Small Animal: Animals r fwl nt therwise defined as livestck by this rdinance, as a dg r cat under Alexandria Twnship Ordinance #117 as may be amended frm time t time, r as a regulated animal under Minnesta Statutes 1 Amended 7/2/2007 (Reslutin #07-09) 2 Amended 12/7/2009 (Reslutin #09-05) t reflect additin f interim uses 3 Added 5/21/2012 (Reslutin #12-05) Alexandria Twnship DRAFT small animal rdinance Nvember 4,

6 Strikethrugh deleted frm current rdinance Underline added t current rdinance Highlight change frm 9/23/2013 draft Small animals shall, except fr dgs and cats, include any animal kept as a pet r fr the purpse f fd prductin (either fr persnal cnsumptin r sale) such as, but nt limited t, chickens, guinea hens, geese, ducks, turkeys, pigens, peaccks, rabbits, miniature pigs, mink, ferrets, nnvenemus snakes less than 6 feet in length, parrts and ther birds, and ther animals r fwl f similar size and type. Small animals r fwl under 3 mnths in age shall nt be included when cmputing the number f allwed small animals r fwl. Beekeeping shall nt be cnsidered a small animal fr the purpse f these regulatins (see Sectin V.W fr regulatins specific t beekeeping). Fwl/Pultry, Large: Geese, turkeys, peaccks, striches Fwl/Pultry, Small: Chickens, guinea hens, ducks, pigens, parrts and ther birds. Reptiles/Amphibians, Small: Snakes, lizards, iguanas, chamelens, salamanders, turtles, frgs Mammals, Small: Rabbit, mink, ferret, miniature/pt-belly pigs 3. Regulatins This rdinance establishes three general categries f regulatins affecting small animals. The three general categries are defined as fllws: a. Small animals kept within a. Unless specifically prhibited by Sectin 1a f this rdinance, Aany small animals kept cmpletely and entirely within a are nt regulated by this rdinance. These are animals that are generally kept as pets and are cntained within cages, aquariums, r ther similar enclsures. Nn-pisnus, nn-venemus small reptiles/amphibians and talking birds (parrts, parakeets, cckats, etc ) are nly allwed when kept cmpletely and entirely within a. b. Small animals kept within an attached r detached accessry building (r in a fenced area f n greater than 400 sq ft setback frm neighbring prperty lines at least 2510 feet). f up t 36 sq ft that must be attached t an accessry building). The keeping f up t three (3) small animals shall be allwed as an allwed use r an interim use, prvided that such animals are sufficiently cntained s as t prevent their running at large r entering the premise f any neighbring prperty. The maximum number f animals allwed shall be as fllws: Alexandria Twnship DRAFT small animal rdinance Nvember 4, 2013 Type f Animal Allwed Use* Interim Use* Small Fwl/Pultry 1 per 14 sq ft f fenced area, up t 53 animals except that n rsters shall be permitted. 1 per 12 sq ft f fenced area, up t 106 animals except that n rsters shall be permitted. 2

7 Large Fwl/Pultry Talking birds Small reptiles/amphibians Small Mammals (except pigs) Miniature/Pt-Belly Pigs Strikethrugh deleted frm current rdinance Underline added t current rdinance Highlight change frm 9/23/2013 draft 1 per 26 sq ft f fenced area, up t 2 animals Only allwed in a Only allwed in a 1 per 10 sq ft f fenced area, up t 3 animals. 1 per 200 sq ft f fenced area, up t ne animal r in a 1 per 26 sq ft f fenced area, up t 4 animals Only allwed in a Only allwed in a 1 per 10 sq ft f fenced area, up t 6 animals. 1 per 200 sq ft f fenced area, up t 2 animals r in a. * The number f animals allwed shall increase by ne (1) fr each half-acre f land abve ne acre. b.c. Small animals running at large r in numbers greater than three. Small animals in numbers greater than three (3), r small animals that are allwed t running at large r are therwise uncntained within a building r shelter shall nt be permitted. 4. Perfrmance Standards a. Dispsal f Animal Feces. A prperty wner shall clean and prperly dispse f animal feces n a daily r weekly basis, r as necessary t ensure that drs d nt becme a nuisance t any nearby prperty wner r the public. b. Nise. N wner shall permit any animal under his r her custdy r cntrl t create a nuisance by way f crying, hwling, screeching, grwling r ther vcalizatin. c. Maintenance f facilities/enclsures. All facilities, buildings r ther enclsures fr the husing f small animals shall be cnstructed f material apprpriate fr the animal invlved, cntain and restrain the animal they are designed r built t cntain withut causing injury t, r depriving the animal f necessary envirnmental elements, and be maintained in gd repair. Alexandria Twnship DRAFT small animal rdinance Nvember 4,

This facility has two approved variances on file with the Department, ATCP 16.18(1) and ATCP 16.20(3)(c)3.

This facility has two approved variances on file with the Department, ATCP 16.18(1) and ATCP 16.20(3)(c)3. Ridglan Farms, Inc. License type: Dg Seller (Dg Breeder/ Dg Breeding Facility) Breed(s): Beagle Website: http://www.ridglan.cm Hurs f peratin: Upn appintment Previus inspectin: 9/24/2014 (rutine) Veterinarian/