Soooo confused about municipal code UPDATE

[MN Chicken]

We live in the R-3 zone...so, we are going rogue?

How do we change zoning laws?

 

[theFox]

You can request a variance, I wouldn't hold out much hope using that route.

To change the law you have to read the section in your town charter which should outline the procedure to change town ordinances.

Usually a town's elected officials can request an item to be placed on the agenda for consideration, it is also common for the head of the local council, board, etc to place items on the agenda that are proposed by the person who has day to day executive control of the town (ie town manager).

I wouldn't attempt that if you are running rouge.

Frequently asking for forgiveness is met by the same response that the person who is doing the asking gave to the existing ordinances.

 

[Sonoran Silkies]

From http://www.whitebearlake.org/index....5F}&DE={8EC8216E-6BD6-45EE-9229-0EAE3AEECFC9}

§1301.010 ZONING CODE §1301.010
Subd. 8. Uses Not Provided for Within Zoning Districts. Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such cases, the City Council or the Planning Commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable and if so what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use. The City Council, Planning Commission or property owner, upon receipt of the staff study shall, if appropriate, initiate an amendment to the Zoning Code to provide for the particular use under consideration, or shall find that the use is not compatible for development within a District or the City.

From http://www.whitebearlake.org/vertic...ds/{6374A577-9661-4417-B704-B9367BB5411D}.PDF

§1302.130 ANIMALS
Subd. 1. General. Except as otherwise provided for in this Code, or other City regulations, all domestic house pet animals shall be allowed as permitted uses in any zoning district. Domestic farm animals may be considered as conditional uses, provided they are maintained on an existing farm property. Horses may be kept in the "O" zoning district, on property not used for farming, provided they are sheltered or corralled at a distance of not less than two hundred (200) feet from an adjoining residential property. The ratio of horses to lot acreage shall not exceed one horse for every two and one-half (2-1/2) acres of land, unless a conditional use permit is first obtained by the owner.
In all districts, the governing body may order the owner or occupier of any property to apply for a conditional use permit to keep non-domestic wild animals, including existing uses, provided it is found by the governing body that the use may pose a threat to the public health, safety, convenience or general welfare.
Subd. 2. Care of Animals. Animals kept within any zoning district shall be subject to the following requirements:
a) The size, number, species, facilities for and location of animals kept shall be maintained so as not to constitute a danger or nuisance by means of odor, noise or otherwise.
b) The person caring for any animal(s) shall be of sufficient age, knowledge and experience to adequately and safely care for and control the animal(s).
c) Facilities for housing animal(s) shall be:
1) Constructed of such material as is appropriate for the animal(s) involved.
2) Maintained in good repair.
3) Controlled as to temperature, ventilated and lighted compatible with the health and comfort of the animal(s).
4) Of sufficient size to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition of debility, stress or abnormal behavior patterns.
5) Cleaned as often as necessary to prevent contamination of the animal(s) contained therein and to minimize disease hazards and reduce odors.
d) Animals shall be provided wholesome, palatable food and water free from contamination and of sufficient quantity and nutritive value to maintain all animals in good health.
e) Animals kept in pet shops or kennels shall be kept in accordance with regulations for pet shops and kennels in addition to the regulations provided by this Code.

You need to determine exactly which zoning district your home is--that makes a difference. It looks like O, PZ and PZ-R are the only ones where chickens may be allowed, and even then it is a

§1303.020 "O" OPEN SPACE CONSERVATION DISTRICT
Subd. 1. Purpose. The "0", Open Space Conservation District is intended to provide a district which will allow suitable areas of the City to be retained and utilized for low density residential, non-local jurisdiction public uses, open space, agricultural uses and provide a "holding" zone for new annexed lands to ensure that development will be staged to maintain reasonable economy in public expenditures for public utilities and services.
Subd. 2. Permitted Uses. The following are permitted uses in an "O" District:
a) Farming and agricultural related buildings and structures, subject to the Minnesota Pollution Control Standards, but not including commercial feed lots or other commercial operations.
b) City parks and recreation.
c) Nurseries, tree farms and greenhouses, all for growing of plants.
d) Single family dwellings, including manufactured homes.
e) Essential services.
Subd. 3. Accessory Uses. The following are permitted accessory uses in an "O" District:
a) Operation and storage of such vehicles, equipment, and machinery which are incidental to the permitted or conditional uses allowed in this district.
b) The renting of rooms by a resident family for lodging purposes only and for the accom-modation of not more than two (2) persons in a single family dwelling.
c) Living quarters for persons employed on the premises.
d) Home occupations.
e) Recreational vehicles and equipment.
f) Swimming pool, tennis courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests, when in full compliance with all state standards.
g) Tool houses, sheds and similar buildings for storage of domestic supplies and noncommercial recreational equipment.
h) Private garages, parking spaces and carports for licensed and operable passenger cars and trucks.
Subd. 4. Conditional Uses. The following are conditional uses in an "O" District, which require a conditional use permit based on the procedures and provisions set forth in and regulated by Section 1301.050 of this Code. (Ref. Ord. 10-1-1063, 1/12/10)
a) Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues provided that:
1) Side yards shall be double that required for the district, but no greater than forty (40) feet.
2) Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 1302.030, Subd. 7.a) of this Code.
3) Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 1302.050 of this Code and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 1302.030, Subd. 7.a) of this Code.
4) Adequate off-street loading and service entrances are provided and regulated where applicable by Section 1302.060 of this Code.
b) Non-city governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community provided that:
1) When abutting a residential use in a residential use district, the property is screened and landscaped in compliance with Section 1302.030, Subd. 7.a) of this Code.
c) Commercial outdoor recreational areas including golf courses and club house country clubs, and similar facilities provided that:
1) The principal use, function or activity is open, outdoor in character.
2) When abutting a residential use or a residential use district, the property is screened and landscaped in compliance with Section 1302.030 Subd.7.a) of this Code.
3) The land area of the property containing such use or activity meets the minimum established for the district.
d) Private stables, animal hospitals with overnight care and similar uses, provided that:
1) Any building in which animals are kept, whether roofed shelter or enclosed structure, shall be located at a distance of two hundred (200) feet from any lot line.
2) Any animals shall at a minimum be kept in an enclosed pen or corral of sufficient height and strength to retain such animals. Said pen or corral may not be located closer than two hundred (200) feet from a lot line.
3) The provisions of Minnesota Pollution Control Agency Regulations SW 53 (2) are complied with.
4) All other applicable state and local regulations pertaining to nuisance, health, and safety conditions, etc. are complied with.​

 

[Sonoran Silkies]

I gues you need to consider your purpose in having chickens; how many, whether you want roosters. Then you need to decide whether to apply for a variance or not. If you look at the section where you found the penalty for at large chickens, you will find lots of specifics on maintaining pigeons, which are permitted. I would follow those guidelines, at least to some extent, in your variance request.

 

[LarryPQ]

I am going to agree with Sonoran Silkies here. I have looked a TON of code lately, and much of the time, it comes down to zoning regulations.

Having said that, if you appear to be zoned where chickens are not allowed, but all your neighbors have *always* had chickens/horses/etc, you will need to do some more digigng. Probably paper digging. Often times (as is with my own neighborhood) an area will be zoned agricultural, but will be mis-recorded on city planning maps. The new maps are what are uploaded online. The original property deed should have the correct zoning information (mine is from 1950) and THAT information would trump any map.

The trick is to ask, and ask, and ask---different people each time. You will probably get a bunch of conflicting information. I spent some time in White Bear Lake recently---and noticed there was lots of mixed neighborhoods (agriculture versus residential). So, it could go either way.

Wish I could help more.

 

[Sonoran Silkies]

And your zoning has a LOT of references to non-conforming uses; i.e., grandfathering. So, if your property FOR EXAMPLE was allowed chickens at one time, but the zoning rules changed that, as long as you meet the non-conforming requirements, you may continue to have them. However, if you cease to be non-conforming for a specified period of time (got rid of your chickens in this example), the non-conforming use would no longer be allowed. So, one lot may well be allowed them while the next door neighbors' lot is not.

 

[PunkinPeep]

I thought it was very interesting how very extensive the rules are for pigeons.

Hopefully, if you are not in a zone - or whatever you need - to be allowed to keep chickens, you could convince them to change it (especially in light of how many already have chickens - and are perhaps grandfathered) and have your own extensive section on chickens.

Though, i prefer fewer rules, so i hope you're good to go without all that.

I would think a friend who is on the city council - or a friend who is an attorney who has a friend on the city council - would be very helpful to you right now.

 

[MN Chicken]

Thank you all so much for the information! I am going to do some digging on grandfather potential (I know that our land was a farm until it was plotted out and built up in 1958). We are backed up to a city park right now that was part of that farm. Do you know how I gain access to the original property deed? I live in a really residential area, not far from the big cities (which both allow chickens, go figure), and I know none of the home have had chickens the whole time (a few of them popped up in the last few years). I was thinking of knocking on their doors to ask how they've handled it. Does that work?

 

[MN Chicken]

Oh, and our intentions with our chickens is to have no more than 6, and to only keep hens for eggs and as pets. We do not plan on selling eggs, or chicks, etc. The rules for the pigeons sounds actually exactly like what we plan on doing with our chickens. I wonder how hard it is to get a variance, or if we should even apply if it puts us more at risk since we already have chickens.

 

[PunkinPeep]

Every state is different, but you can probably get a copy of the original deed from your county clerk's office.

And it would definitely not hurt to talk to a lawyer - usually there's someone who will talk to you for free....just for a consultation. But make sure it's someone who deals with those issues.