Memorandum

City of Lawrence

City Attorney’s Office

TO:	David L. Corliss, City Manager
FROM:	Toni R. Wheeler, City Attorney
Date:	May 4, 2012
RE:	Ordinance amending Chapter 3 (Regulation of Animals) to exempt  businesses from minimum size requirements for coops

Staff is preparing an ordinance exempting businesses in certain zoning districts from the requirements set forth in Chapter 3, Article 5 of the Code of the City of Lawrence, Kansas, 2011 Edition.  Chapter 3, Article 5 was enacted in 2009 to permit the keeping of chickens in the City.  The Article sets forth certain minimum standards for the size of coops, among other requirements. 

These code provisions have negatively impacted the sale of newly hatched chickens (chicks) by Orscheln Farm & Home (“Orscheln”) and the Tractor Supply Company.   Orscheln’s property is zoned CS (Commercial Strip).  The Tractor Supply Company’s site is zoned IL. Both businesses are classified as Construction Sales and Services under the City’s Development Code and are site planned.  The sale of young chickens is ancillary to the primary business of each of these businesses and is permitted under the Development Code.  However, there is currently no exception in Chapter 3, Article 5 related to the coop requirements for commercial / retail establishments.  When Chapter 3, Article 5 was enacted, its current impact on retail establishments such as Orscheln and the Tractor Supply Company was not foreseen. 

The ordinance will also address the delivery or shipping of chicks to clarify that the United States Post Office and other shipping service providers do not have to abide by the provisions of Article 5.    

Staff is working to develop an ordinance which remedies the current situation. We have advised both Orscheln and the Tractor Supply Company of our plans.  One company advised that their sales occur in March and April only, and that they are not currently experiencing a loss in revenue.  The representative further stated that he appreciated our plans to remedy the situation so sales could resume next spring.  We will have the ordinance ready for City Commission action as early as May 8, if possible.