The purpose of this chapter is to provide standards for the keeping of animals in association with various allowed uses in a manner compatible with surrounding uses and consistent with the health, safety, and general welfare of the community. (Ord. 674, sec. 1, 7-17-2000)

The following animals may be kept in the City:

   A.   House Pets: The keeping of house pets is a permitted accessory use in all agriculture/rural and residential zoning districts.

      1.   Not more than three (3) dogs over six (6) months of age shall be allowed to be kept except as a licensed kennel allowed within the respective zoning district in which the animals are located.

   B.   Horses: The keeping of horses is a permitted accessory use in all agriculture/rural zoning districts provided:

      1.   The minimum lot size is two and one-half (21/2) acres.

      2.   The number of horses does not exceed one per acre or ten (10) animal units, whichever is less, unless a higher number is granted by the issuance of an interim use permit.

   C.   Keeping Of Chickens:

      1.   Administrative Permit Required:

         a.   The keeping of chickens (defined as fowl of the genus Gallus and species Gallus domesticus) may be allowed upon a property developed with a single-family dwelling within a residential zoning district subject to approval of an administrative permit in accordance with chapter 8 of this title and the provisions of this section.

         b.   The application for an administrative permit shall include the information required by subsection 11-8-3B of this title and the following additional information:

            (1)   The number of chickens to be kept.

            (2)   A detailed sketch plan of the property drawn to scale including, but not limited to, the location and dimensions of the coop and run.

            (3)   Specifications for the coop and run including, but not limited to, dimensions, exterior finish materials and construction methods.

            (4)   Any other information the Zoning Administrator deems necessary to evaluate the application for compliance with the requirements of this section and this Code.

         c.   An administrative permit approved in accordance with this section shall not be transferred to another owner upon the sale or change in occupancy of the property to which it is issued and shall not be transferred to another property.

      2.   Performance Standards:

         a.   Premises Occupied By Owner: The owner of the chickens must occupy the premises for which the administrative permit is issued.

         b.   Chickens:

            (1)   The maximum number of chickens allowed to be kept on a property shall be three (3) chickens.

            (2)   The keeping of roosters is prohibited.

         c.   Coop And Outdoor Exercise Area Specifications: A structure for housing the chickens herein defined as a coop and outdoor exercise area herein defined as a run shall be provided for the keeping of chickens in accordance with requirements for accessory buildings in section 11-18-7 of this title and fences in section 11-21-5 of this title and the following requirements:

            (1)   Area:

               (A)   The interior floor space of the coop shall provide a minimum of two (2) square feet for each chicken authorized by the administrative permit.

               (B)   The coop shall not exceed thirty two (32) square feet in area.

            (2)   Coop Exterior: The exterior finish of the coop shall be wood provided that the surfaces are painted or stained for exterior use or the wood is of proven durability for exterior use, such as cedar, redwood, or cypress.

            (3)   Coop Winterized: The coop shall be winterized so as to provide protection for the chickens during winter.

            (4)   Enclosed Run: A run with sides and overhead fully enclosed by fencing or wire mesh or netting with a minimum area of five (5) square feet and maximum area of twenty (20) square feet per chicken authorized by the administrative permit shall be provided and attached to the coop so as to provide controlled access between the coop and run.

            (5)   Predators And Vermin Prevented Access: The construction of and materials used for the coop and run must be adequate to prevent access by predators and vermin.

            (6)   Location:

               (A)   The coop and run shall be located only within a rear yard as defined by this title.

               (B)   The coop and run shall be set back a minimum of twenty feet (20') from any lot line.

               (C)   The coop and run shall not be located within a drainage and utility easement.

               (D)   The coop and run shall be located closer to the principal dwelling upon the property to which the administrative permit is issued than any other residential dwelling on an abutting property.

         d.   Confinement: Chickens shall be confined inside of a coop from sunset to sunrise each day to prevent attracting predators and minimize nuisance noise.

         e.   Keeping Of Feed: All feed for chickens shall be stored inside of an enclosed structure or within a watertight and vermin proof container.

         f.   Waste:

            (1)   The chicken coop and run shall be kept in a sanitary and odor free condition, including the regular and frequent removal, storage in a leak proof container, and proper disposal of any accumulated feces or waste that may create a hazard to public health, safety, and welfare.

            (2)   Feces, discarded feed, and chicken carcasses shall not be composted or buried upon the property.

         g.   Prohibited Activities:

            (1)   No chicken shall be permitted to roam freely in any area not on the premises to which an administrative permit has been issued in accordance with this section.

            (2)   Chickens shall not be kept or allowed at any time within a residential dwelling or accessory structure other than a coop allowed by this section.

            (3)   Eggs from chickens kept upon the property to which the administrative permit is issued are for personal use and consumption by the occupants and shall not be offered for sale or sold.

            (4)   The slaughtering of chickens upon a residential property is prohibited.

            (5)   Chickens shall not be kept for breeding purposes.

      3.   Administration And Enforcement:

         a.   The administrative permit shall be administered in accordance with subsection 11-8-3D of this title.

         b.   The premises, including the chicken coop and run, for which a permit is issued in accordance with this section shall at all reasonable times be open to inspection by community service officers, the Zoning Administrator, or other City official to determine compliance with the requirements of the administrative permit, this section, or other provisions of the zoning ordinance and this Code relating to public health, safety, and welfare.

   D.   Prescribed Grazing By Goats:

      1.   Purpose: The use of goats as a landscape management technique to control the growth of undesirable vegetation, including noxious weeds and invasive plant or trees at a specific location for a defined length of time.

      2.   Administrative Permit Required:

         a.   The keeping of goats for the purpose of prescribed grazing may be allowed upon a property not defined as a farm subject to approval of an administrative permit in accordance with Chapter 8 of this title and the provisions of this section.

         b.   The application for an administrative permit shall include the information required by subsection 11-8-3.B of this title and the following additional information:

            (1)   The number of goats to be kept on the property;

            (2)   The full name, address, and twenty four (24) hour contact telephone number of the person who owns the goats to be used for the prescribed grazing;

            (3)   The type of fencing to be used for the required enclosure and the date the temporary fence will be installed;

            (4)   The date that the goats will arrive on the property;

            (5)   The latest date that the goats will be removed from the property;

            (6)   A detailed site plan of the property including the location and the dimensions, and area of the proposed grazing area; the location and type of vegetation to be controlled by the prescribed grazing;

            the location and delineation of any wetland or public water shoreline; and the location of the proposed enclosure; and

            (7)   Any other information the Zoning Administrator deems necessary to evaluate the application for compliance with the requirements of this section and this code.

         c.   An administrative permit issued in accordance with this section shall not be transferable.

      3.   Performance Standards:

         a.   Premises Occupied By Applicant: The applicant must occupy the premises for which the administrative permit is issued.

         b.   Number Of Goats:

            (1)   Not more than two (2) goats per every one-tenth (0.10) acre of the lot area shall be on the premises at one (1) time.

            (2)   Un-neutered male goats over six (6) months of age are prohibited.

         c.   Care Of Goats:

            (1)   Any supplemental feed for the goats shall be securely stored in water-tight and vermin-proof containers.

            (2)   All goats on the premises shall have daily access to fresh drinking water (not from nearby lakes, ponds, etc.).

            (3)   The owner of the goats shall maintain records that all goats receive proper veterinary treatment and regular deworming.

            (4)   In the event that a goat becomes ill, hurt, or perishes, the permit holder and the owner of the goat is responsible for immediate on-site care or removal of the goat from the property.

         d.   Enclosure:

            (1)   The prescribed grazing area shall at all times be fully and securely enclosed for the duration of the prescribed grazing period.

            (2)   Provision of an enclosure shall mean any combination of temporary or permanent fences or structures designed to prevent the escape of the goats used for the prescribed grazing and to protect the goats from the intrusion of other predatory animal meeting the following requirements:

               (A)   Fences and structures constructed to enclose prescribed grazing goats, but intended to remain at the expiration of the prescribed grazing activity, shall comply with the regulations for the zoning district in which the property is located and shall be permitted separately from the prescribed grazing activity.

               (B)   Temporary Fencing:

                  (i)   Temporary fence for the sole purpose of enclosing prescribed grazing goats shall be allowed for the duration of the prescribed grazing.

                  (ii)   All temporary fence or structures shall be removed within five (5) days of the removal of the goats from the premises as required under the permit.

                  (iii)   Temporary electric fencing of not more than 4,500 volts may be used in all zoning districts provided the fence is setback a minimum of five (5) feet from all property lines.

               (C)   All sides of the enclosure(s) shall be of sufficient height and the bottom of the enclosures shall be constructed or secured in a manner as to prevent the goats from escaping over or under the enclosure(s).

                  (i)   Fencing shall be a minimum of four feet (4') and not greater than six feet (6') in height.

                  (ii)   Openings within the fencing shall not be greater than four (4") inches.

         e.   Signage: Signs shall be installed and maintained on the property for the duration of the administrative permit as follows:

            (1)   Signs shall warn of the presence of the goats with information including "Do Not Enter" and shall indicate if an electric fence is being utilized for the goat enclosure.

            (2)   A minimum of one (1) sign shall be located every twenty (20) feet on each side of the enclosed area.

            (3)   The signs shall not contain advertising, however the contact information of the owner of the goat(s) may be listed on the signs for emergency purposes.

            (4)   The signs shall be affixed on the enclosure fence.

         f.    Best Management Practices Required: Prescribed grazing activities shall comply with the best management practices established by the Minnesota Department of Agriculture, the Minnesota Department of Natural Resources, Dakota County Soil and Water Conservation District, and all other federal, state, or local agencies.

         g.   Natural Resources Protection: The administrative permit may restrict the prescribed grazing area to protect ecologically sensitive areas on the property and require compliance with the following:

            (1)   Prescribed grazing shall comply with requirements of the Shoreland Overlay District as set forth in Chapter 102 of this title.

            (2)   Prescribed grazing shall not impact defined wetland areas and shall comply with the requirements of Section 11-16-13 of this title.

            (3)   Prescribed grazing activities shall not impair water quality as defined by the Federal Clean Water Act.

            (4)   Threatened or endangered plant species shall not be negatively impacted by prescribed grazing activities.

      4.   Duration of Permit: The duration of a permit under this section shall be as follows:

         a.   Prescribed grazing shall not be permitted for more than thirty (30) consecutive days.

         b.   No more than two (2) prescribed grazing permits may be issued within one (1) calendar year for the property.

         c.   There shall be a minimum of sixty (60) days between the expiration of the first permit issued and the second permit issued in a twelve (12) month period.

         d.   The Zoning Administrator may extend the duration of the permit to complete the removal of undesirable vegetation within the prescribed grazing area at their discretion and guided by City personnel trained in control and maintenance of noxious and invasive weed/plant vegetation.

      5.   Administration And Enforcement:

         a.   The administrative permit shall be administered in accordance with subsection 11-8-3.D of this title.

         b.   The property for which an administrative permit is issued in accordance with this section shall at all reasonable times be open to inspection by the Zoning Administrator, Community Service Officers, or other City official to determine compliance with the requirements of the administrative permit, this section, or other provisions of the Zoning Ordinance and this Code relating to public health, safety, and welfare.

         c.   The Zoning Administrator may summarily revoke a permit if a permit holder's goat(s) have been found running at large on two (2) or more occurrences within the term of the permit.

   E.   Farm Animals: The keeping of farm animals in numbers or conditions not defined as an "animal feedlot" is an allowed activity on all farm property. Farm animals may not be confined in a pen, feedlot or building within one hundred feet (100') of any residential dwelling not owned or leased by the farmer. Uses defined as animal feedlots shall be regulated by section 11-35-5 of this chapter.

   F.   Animals Allowed By Interim Use Permit: In addition to the keeping of animals allowed by subsections A, B, C and D of this section, keeping of the following animals shall be allowed by interim use permit as regulated under the provisions of chapter 5 of this title:

      1.   Raptors within the A-P and RA Districts, provided that:

         a.   The property owner shall reside upon the property as their primary residence.

         b.   The property owner shall provide and maintain with the City documentation that they possess a valid permit issued by the Department of Natural Resources for keeping of the raptor.

         c.   There shall not be more than two (2) raptors kept upon the property at any time.

         d.   Habitat for the raptor shall be subject to the provisions for accessory buildings established by chapter 18 of this title and shall comply with applicable requirements of the Department of Natural Resources.

         e.   The interim use permit shall terminate in accordance with section 11-5-7 of this title or upon any of the following events, whichever occurs first:

            (1)   The property owner ceases to possess a valid permit from the Department of Natural Resources for keeping raptors.

            (2)   The property owner ceases to occupy the property as their primary residence or transfers ownership of the property to another party.

      2.   Honey bees and apiaries accessory to a single family dwelling within agriculture/rural or residential districts, provided that:

         a.   Colony Density: The number of colonies allowed upon a lot shall be subject to the following limits:

 

 

         b.   Colony Location:

            (1)   A hive shall be located only within a rear yard.

            (2)   A hive shall be set back a minimum of twenty feet (20') from any lot line.

            (3)   A hive shall not encroach upon any wetland buffer or drainage and utility easement.

         c.   Performance Standards:

            (1)   Honeybee colonies shall be kept in hives with removable frames, which frames shall be kept in sound and usable condition.

            (2)   A solid fence, wall, or dense vegetative barrier capable of interrupting the direct flight of bees shall be used to redirect the bee's flight pattern and prevent a direct line of flight from the hive entry into neighboring properties. The barrier shall start at the ground, be a minimum of six feet (6') in height, and shall extend beyond the direct line of sight from the entrance to the hive to the adjacent property.

            (3)   Each colony on the apiary site shall be provided with a convenient source of water located on the apiary site so long as colonies remain active outside the hive.

            (4)   Materials from a hive or colony which might encourage the presence of honeybees, such as wax comb, shall be promptly disposed of in a sealed container or placed within a building or other bee-proof enclosure.

            (5)   For each colony permitted to be maintained under this section, there may also be maintained upon the same apiary site, one nucleus colony in a hive structure not to exceed one standard nine and five-eighths inch (95/8") depth ten-frame hive body, with no supers.

            (6)   Beekeeping equipment shall be maintained in good condition. Unused beekeeping equipment must be protected to prevent occupancy by swarming honeybees.

            (7)   Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to control swarming.

            (8)   In any instance in which a colony exhibits unusual aggressive behavior, it shall be the duty of the beekeeper to promptly implement appropriate actions to address the behavior. If requeening is required, queens shall be selected from European stock bred for gentleness and non-swarming characteristics.

            (9)   Fruit trees and other flowering trees, which are located on an apiary site, shall not be sprayed, while in full bloom, with any substance which is injurious to honeybees.

         d.   Inspection: The premises for which an interim permit is issued in accordance with this subsection shall at all reasonable times be open to inspection by community service officers, the Zoning Administrator or other City official to determine compliance with the requirements of the permit, this section or other provisions of this title and this Code relating to public health, safety and welfare.

         e.   Termination: The interim use permit shall terminate in accordance with section 11-5-7 of this title or the transfer of ownership of the property to another party.

   G.   Kennel Must Be Authorized: Animals may only be kept as a kennel defined by this title or otherwise for commercial purposes if authorized in the zoning district in which the animals are located.

   H.   Nuisance Animals: Animals may not be kept if they cause a nuisance or endanger the health or safety of the community.

   I.   Animal Enclosure: Animal enclosures shall be subject to the accessory structure requirements of subsection 11-18-7E of this title.

   J.   Prohibited Animals:

      1.   No person shall keep, possess or otherwise allow the following animals within the City, except pursuant to an exception provided under Section 11-35-3.J.2 of this title:

         a.   Any member of the cat family (felidae) including, but not limited to, lions, tigers, cougars, bobcats, leopards and jaguars, but excluding those recognized as domesticated house cats.

         b.   Any naturally wild member of the canine family (canidae) including, but not limited to, wolves, foxes, coyotes, dingoes, and jackals, but excluding those recognized as domesticated dogs.

         c.   Any hybrid or crossbreeds between an animal defined in subsections J.1.a or J.1.b of this section and a domestic animal and offspring from all subsequent generations of those hybrids or crosses, such as the crossbreed between a wolf and a dog.

         d.   Any member or relative of the rodent family including any skunk (whether or not de-scented), raccoon, or squirrel, but excluding those members otherwise defined or commonly accepted as domesticated pets.

         e.   Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including, but not limited to, rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators.

         f.   Any other animal that is not explicitly listed above but which can be reasonably defined by the terms of this section including, but not limited to, bear, deer, non-human primates, and game fish.

      2.   Exceptions:

         a.   Pursuant to an interim use permit approved prior to May 15, 2017;

         b.   In association with a zoo program licensed by the State of Minnesota for a period not longer than thirty (30) days; or

         c.   Animals in transit that are caged or kenneled.

(Ord. 674, sec. 1, 7-17-2000; amd. Ord. 762, sec. 13, 4-5-2004; Ord. 867, secs. 87 through 89, 5-17-2010; Ord. 897, 12-3-2012; Ord. 979, 5-15-2017; Ord. 997, 7-2-2018; Ord. 1015, 8-5-2019; Ord. 1019, 11-18-2019; Ord. 1047, 6-7-2021)

   A.   Purpose: The purpose of this section is to provide for the operation of animal feedlots within the City of Lakeville as to:

      1.   Prohibit establishment of new animal feedlots or expansion of existing animal feedlots to levels not compatible with the existing or planned character of the City.

      2.   Allow for continuance of existing animal feedlots at present intensities in areas so guided by the Comprehensive Plan while protecting land use compatibility in recognition of ongoing growth and development of the community as part of the Twin Cities metropolitan area.

      3.   Provide regulations that can be applied in an equitable manner to promote Best Farm Management Practices, protect valuable ground and surface water resources, minimize environmental effects and protect human and animal health, safety and welfare. (Ord. 762, sec. 14, 4-5-2004)

   B.   Feedlots Prohibited:

      1.   No new animal feedlots shall be established within the City after April 5, 2004, except as allowed by subsection 11-35-3B of this chapter. (Ord. 897, 12-3-2012)

      2.   No animal feedlot established prior to April 5, 2004, shall be allowed to expand its operations beyond its permitted level on April 5, 2004, subject to subsection C of this section.

      3.   No farm property or other property allowed to keep farm animals with ten (10) animal units or less established prior to April 5, 2004, shall expand to more than ten (10) animal units.

   C.   Nonconforming Use: Animal feedlots established prior to April 5, 2004, may continue operations as legal nonconforming uses as allowed by section 11-15-5 of this title. For the purposes of interpreting expansion of a nonconforming use applicable only to this section, only those activities or actions that result or may result in an increase in the number of animal units that an animal feedlot is capable of holding or an increase in the capacity of a manure storage area shall be considered to be an expansion of the use and are prohibited.

   D.   Performance Standards:

      1.   Setbacks:

         a.   The following setbacks shall be required for all manure storage facilities, stockpiles and application in addition to the requirements of the zoning district in which the use is located:

 

         b.   Within the A-P District and RA District, no new residential dwelling shall be constructed within one thousand feet (1,000') of an existing animal feedlot except dwellings constructed as a principal residence on the same parcel and under the same ownership of the owner of the animal feedlot.

         c.   The separation distances established between an animal feedlot and the categories of uses established by subsections D1a and D1b of this section shall be measured from the perimeter of the animal feedlot, manure storage facility or stockpile or land application to the nearest structure or boundary of the referenced category.

      2.   Manure Storage And Handling:

         a.   Storage: The owner of an animal feedlot shall have an annual analysis of the water within the perimeter tile of the storage facility prepared by a certified testing laboratory and subject to approval of the City Engineer.

         b.   Transportation: All vehicles used to transport manure on public rights-of-way shall be leakproof. Spreaders with end gates shall be in compliance with this provision provided that the end gate effectively restricts leakage. Any manure that does leak or spill onto the public right-of-way shall be removed and properly disposed of by the hauler.

         c.   Land Application:

            (1)   Manure application rates shall be based upon the requirements of a nutrient management plan approved by the Dakota County feedlot officer.

            (2)   Manure shall be injected or incorporated into the soil within twenty four (24) hours of application.

   E.   Facility Closure:

      1.   The landowner, owner and operator of an animal feedlot shall have joint and several liability for closure or remediation of discontinued feedlot operations.

      2.   If an animal feedlot ceases operation, the responsible parties shall provide for the following:

         a.   All manure from the animal feedlot and its storage facilities shall be removed and applied or disposed of in some other permissible manner within a period not to exceed one year.

         b.   The City and the Dakota County feedlot officer shall be notified within sixty (60) days that the animal feedlot has ceased operations and that the property is in compliance with this section.

   F.   Other Requirements: Compliance with all Federal, State and local statutes, rules, codes, ordinances, requirements and standards shall be required.

   G.   Emergency Notification: In the event of a manure leak or spill, the owner, operator or individual responsible for the transport and application of manure shall immediately notify the Lakeville Police Department, Minnesota Duty Officer, and Dakota County Feedlot Officer and shall take appropriate actions in accordance with those agencies to prevent harm to public safety, health, and welfare. (Ord. 762, sec. 14, 4-5-2004)