Consideration and Adoption of Resolution No. 2024-43 and Ordinance No. 2024-26: A resolution of the Flagstaff City Council declaring as a public record that certain document filed with the City Clerk entitled "Animal Keeping Code Amendments" and an ordinance of the City Council of the City of Flagstaff, Coconino County, Arizona, amending the Flagstaff City Code, Title 6, Police Regulations, Chapter 6-03, Animal Keeping.
 

1. Adopt Resolution No. 2024-43
2. Read Ordinance No. 2024-26 by title only for the final time
3. City Clerk reads Ordinance No. 2024-26 by title only (if approved above)
4. Adopt Ordinance No. 2024-26

This item proposes a text amendment to City Code Title 6: Police Regulations, Chapter 6-03: Animal Keeping to comply with state legislation and to make the code easier to understand and implement. Updates to comply with House Bill 2325 include modifications to the definitions section, the allowed number of chickens (fowl), and the maximum height of a shelter for fowl. Updates to make the code easier to implement include modifications to the definitions section, moving requirements into tables where appropriate, adding clarifying text, moving and condensing text, moving permitting requirements to their own section, and adding clarifying language for permit applicability, application content and review process. No substantive changes to the standards are proposed beyond modifications to comply with state legislation. 

There are no anticipated financial impacts affiliated with the proposed Police Regulations Text Amendment.

There are no anticipated policy impacts affiliated with the proposed Police Regulations Text Amendment.

In 2016, City Council approved amendments to Animal Keeping Code that made it feasible to practice animal keeping on small lot sizes within City limits. In 2019, City Council approved an amendment to the Animal Keeping Code to reduce nuisances for neighbors and make enforcement easier, while still allowing for backyard livestock to be raised in City limits. 

1. Approve the amendment to the Animal Keeping Code as proposed.
2. Approve the amendment to the Animal Keeping Code with only modifications to comply with state legislation.

The proposed amendment (Attachment 1) includes modifications to City Code Title 6: Police Regulations, Chapter 6-03: Animal Keeping. Modifications to comply with state legislation (House Bill 2325) include the following:

6-03-001-0002: Definitions

• Create a new definition of ‘fowl’ (chickens).
• Add fowl to the definition of ‘poultry.’
• Add ‘enclosure’ to the definition of ‘shelter.’
• Replace the word ‘chickens’ with ‘poultry.’

 
6-03-001-0003: Keeping of Livestock.

• Increase the maximum number of fowl allowed on parcels less than 19,999 square feet from 5 to 6 fowl.
• Limit the height of a shelter for fowl on lots less than 1 acre to 8 feet maximum, but they shall be no taller than the fence line of the property.

 
Modifications to make the code easier to understand and implement include the following:

6-03-001-0002: Definitions

• Delete standards for beekeeping flyway barriers to avoid repetition in Section 6-03-001-0003: Keeping of Livestock.D: Rules and Restrictions -- Beekeeping.
• Change Sustainability ‘Manager’ to ‘Director.’
• Move the statement about the location of shelters, including any associated fencing or screen walls, needing to comply with Zoning Code Division 10-50.50 (Fences and Screening) and Section 10-40.60.020 (Accessory Structures) to Section 6-03-001-0003: Keeping of Livestock.

6-03-001-0003: Keeping of Livestock

• A. General Rules and Restrictions
  • Move Table 6-03-001-0003.A: Number of Livestock Animals Permitted by Zoning Designation to the beginning of this sub-section.
  • Clarify that the primary use of the property must be residential or educational where animal keeping is not a primary use in the zoning district (this change brings the Animal Keeping Code in alignment with the Zoning Code, which already allows Animal Keeping as a primary use in the Estate Residential [ER] and Rural Residential [RR] zones).
  • Move requirements that only apply to small livestock to the small livestock sub-section.
  • Move the statement about the location of shelters, including any associated fencing or screen walls, needing to comply with Zoning Code Division 10-50.50 (Fences and Screening) and Section 10-40.60.020 (Accessory Structures) to this section from Section 6-03-001-0002: Definitions.
• B: Permitting Requirements
  • Move requirements to Section 6-03-001-0004: Permitting Requirements and delete this sub-section.
• B: Rules and Restrictions – Large Livestock
  • Create a new table for standards for large livestock enclosures, pasture areas, and pigsties.
• C: Rules and Restrictions – Small Livestock
  • Create a new table for standards for small livestock enclosures and containment areas.
  • Move standards that only apply to small livestock from section 6-03-001-0003.A: Keeping of Livestock – General Rules and Restrictions to this sub-section.
• D: Rules and Restrictions – Beekeeping
  • Create a new sub-section for beekeeping rules and restrictions, and move current standards from Section 6-03-001-0004 this this sub-section.

6-03-001-0004: Permit Requirements

• General changes
  • Change the name of this section from ‘Beekeeping’ to ‘Permit Requirements.’
  • Move permit requirements from 6-03-001-0003.B: Keeping of Livestock – Permitting Requirements to this section.
• A: Applicability
  • Add this sub-section to clarify when a Backyard Livestock Keeping Permit is required.
• B: Application Content
  • Add this sub-section to clarify that the Sustainability Director shall specify the form and content of the Backyard Livestock Keeping Permit application and may require supporting materials as part of the application.
• C.  Review and Final Decision
  • Add this sub-section to clarify that the Sustainability Director shall review the Backyard Livestock Keeping Permit application for compliance with Chapter 6-03: Animal Keeping and determine whether the Permit can be issued or if additional information is required, and provide any reason(s) for Permit denial in writing.
• D. Revocation and Appeal
  • No modifications are proposed to this language other than replacing Sustainability ‘Manager’ with ‘Director,’ ‘permit’ with ‘Backyard Livestock Keeping Permit,’ and ‘Section’ with ‘Division.’
• E. Other Permitting Requirements
  • Add this sub-section to clarify that livestock shelters and any associated fencing or screen walls subject to Zoning Code Section 10-20.40.080 (Minor Improvement Permits) shall obtain an approved Minor Improvement Permit prior to installation or construction.

• Achieve a well-maintained community through comprehensive & equitable code compliance, & development is compatible with community values.
• Promote, protect, and enhance a healthy, sustainable environment and its natural resources.
• Strengthen Flagstaff’s resilience to climate change impacts on built, natural, economic, health, and social systems

• Goal E&C.2. Reduce greenhouse gas emissions.
• Goal E&C.3. Strengthen community and natural environment resiliency through climate adaptation efforts.
• Policy LU.3.5.Allow and encourage urban agriculture.

• CR-2: Strengthen existing community systems to create resilience to both short-term shocks and long-term change.
• SC-4: Reduce organic waste going to the landfill and reduce food insecurity.

None.