Deciphering the Code

It seems I'm not the only one who thought that chickens were allowed in town. Many of you have sent me links to the ordinance that appears to allow chickens. As I wrote yesterday, I too read that part of the code and thought the same thing; however, like much of life, it's all about interpretation. So that we're all on the same page, let's look at the Code here and where the differences in interpretation lie.

Here's what I, and many other chicken-keeping folk, read that led us to believe that chickens were allowed on our properties:

Animals: Sec. 10-39. - Permit to keep.
No person shall keep in a residential unit or residential site more than three animals over six months of age without securing a permit from the city council. (Code 1986, § 1010:30(2)(1))

Sec. 10-40. - Keeping prohibited animals.No person shall keep, maintain or harbor within the city limits any of the following animals: (1)Any animal prohibited by state or federal law.(2)Any nondomesticated animal or species, including but not limited to the following:a. Any skunk, whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not vaccinated against rabies. b.Any large cat of the family Felidae such as lions, tigers, jaguars, leopards, cougars and ocelots, except commonly accepted domesticated house cats. c. Any member of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals, except domesticated dogs.d. Any crossbreeds such as the crossbreeds between dogs and coyotes or dogs and wolves, but this subsection does not include crossbred domesticated animals. e. Any poisonous pit viper such as a rattlesnake, coral snake, water moccasin or cobra.f. Any raccoon.g. Bears and badgers and other nondomesticated animals not listed explicitly in this subsection.

After reading this, it seemed to me that I could keep up to three chickens. (I was also amused that the code explicitly prohibits keeping ocelots, which given the number of them in existence, is much like prohibiting the dodo bird...but I digress.) My interpretation was incorrect because while I consider them domesticated and/or pets (sort of), it seems that chickens are deemed "nondomesticated animals" by the City and thus prohibited (see the last line of the paragraph).

Adding insult to injury, chickens are doubly banned by the zoning uses section of the code. I live in the R2 (residential-2) part of town.* Agricultural uses are limited to "crops and forestry." Again, the interpretation here seems to be that chickens=agriculture.

Ready for some good news? It seems that some chicken-keeping folk have been working with the City to change the Code and allow chickens in town! Dan Olson was good enough to send me the draft language that the City Council will consider later this year. I don't know what part/section of the code this will change (permitted animals or zoning) but I don't think it matters since it's explicit about what is allowed.

(A) Keeping of Chickens
(1) Property owners are permitted to raise and keep chickens on all properties of five acres or more in size without complying with the requirements of this section.
(2) For properties that are less than five acres, the keeping of six adult chickens is permitted provided that:(a) The principal use of the lot is as a dwelling;(b) No person shall keep any rooster;(c) The chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times; and(d) No enclosure shall be located closer than 25 feet to any residential structure on an adjacent lot.

Up to six hens, no roosters (too noisy!), keep them fenced in/contained so they aren't tearing up your neighbor's garden, and keep 'um housed 25 feet away from your neighbor's house/garage. Looks pretty good, eh? No more confusion over interpretation; it's pretty clear that chickens would be welcome in Northfield. If it passes. I don't know how big of an if that is.

On that note, does anyone know who helped draft this language? Word on the street is that it may have been Aaron Wills; I'm trying to verify that and find out what his take on this whole issue is. If he's been working on this issue with the City, my inclination is to follow his lead and make as much or as little noise as he thinks is necessary. Clearly, other people have been working on this and I'm not interested in trampling their good work.
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Should you have a free evening, you can read the City's code from Alcoholic Beverages to Zoning here http://library.municode.com/index.aspx?clientId=13439&stateId=23&stateName=Minnesota

*It's a big file but you can see the zoning map here: http://www.ci.northfield.mn.us/assets/z/Zoning-map---March-2009.pdf