City Council Memorandum Development Services Memo No.22-056FA
Date:
December 5, 2022
To:
Mayor and Council
Thru:
Joshua H. Wright, City Manager Tadd Wille, Assistant City Manager Andy Bass, Deputy City Manager Derek D. Horn, Development Services Director Leah Powell, Neighborhood Resources Director
From:
Lauren Schumann, Planning Senior Program Manager
Subject:
PLH21-0063 Backyard Chickens Final Adoption of Ordinance No. 5035
Proposed Motion:
Move City Council adopt Ordinance No. 5035, approving City Code Amendment PLH21-0063 Backyard Chickens, amending Chapter 14 and Chapter 35 regulating the keeping of chickens within single-family lots, as recommended by Planning and Zoning Commission.
Background:
Currently, properties zoned Agricultural (AG-1) and Single-Family (SF-33), which equate to approximately 778 residential lots in Chandler, allow for an unlimited number of chickens by right. Roosters, however, are prohibited within the Chandler city limits in any zoning district. Homeowner Associations (HOA's), which make up 71.5% of single-family subdivisions in Chandler, can prohibit the keeping of chickens through their Covenants, Conditions, and Restrictions (CC&R's).
In 2013, a group of residents requested a code amendment to permit chickens within all single-family lots. The Planning and Zoning Commission recommended approval with a vote of four (4) in favor and two (2) against, but the amendment was ultimately denied by City Council with a vote of four (4) in favor to three (3) against. Concerns expressed at the time were largely around to the City's ability to enforce the new ordinance as well as potentially lengthy compliance timelines.
On January 13, 2022, City Council held a Work Session to discuss allowing chickens within single-family zoned lots and requested staff gather chicken complaints and other information from neighboring municipalities. A second City Council Work Session took place on September 19, 2022, to present the information requested at the first Work Session and receive direction on the next steps in the process. City Council requested staff proceed with possible code amendments to permit chickens with single-family zoned lots.
Discussion:
Proposed Code Amendments Chapter 14- Animals
Chickens permitted all single-family lots
Maximum five (5) hens; no roosters shall be permitted
Chickens shall be contained within the rear or side yard
Chicken coop shall be set back five (5) feet from all property lines
Chicken coops exceeding 120 square feet in size or seven (7) feet in height shall be classified as an accessory building, thus requiring a building permit and meeting the property's building setbacks
Regardless of size, any coop serviced with utilities (e.g., electrical, plumbing) shall require a building permit
Properties shall comply with regulations in Chapter 30-Property Maintenance
Enforced by Code Enforcement (Neighborhood Resources Department)
Properties zoned AG-1 and SF-33 would remain unchanged with their current privileges
Chapter 35- Land Use and Zoning The zoning code allows one accessory building, one storage shed and an unlimited number of open-air ramadas in single-family residential backyards. The proposed definition for chicken coops would clarify when a structure is considered to be a chicken coop, where it can be placed, and that one coop can be placed in a backyard in addition to the other permitted structures.
Chicken coop: A small structure that is used as a cage or housing enclosure for chickens. A chicken coop includes any "chicken run" or attached enclosure in which chickens are allowed to roam. A chicken coop exceeding one hundred and twenty (120) square feet in size or seven (7) feet in height requires a building permit and is considered an accessory building for purposes of Section 35-2202.
Review and Recommendation
The proposed citywide code amendment to permit chickens within all single-family lots has been reviewed by multiple departments including Neighborhood Resources, the City Attorneys' Office, Development Services, and the City Manager's Office. City staff recommend approval of the proposed code amendment.
City staff have reviewed allowances, regulations, and complaints from Phoenix-area municipalities and have found all neighboring cities permit chickens in single-family lots, as well as all other cities surveyed in the metro area except for Avondale and Glendale. Other cities' code enforcement staff have shared that chicken complaints are minimal, and if a violation occurs, enforcement officers have thus far achieved one hundred percent voluntary compliance. City of Chandler Planning staff find the keeping of chickens to be a compatible use in single-family residential neighborhoods.
Planning staff have reviewed regulations regarding chicken coops and have established standards for proposed chicken coops in alignment with surrounding municipalities. Staff recommends the coop be located within the rear yard and provide a building setback of five feet from all property lines as indicated in Chapter 14- Animals. Staff also recommends a building setback in lieu of establishing a minimum lot size. Providing a building setback for the proposed chicken coop creates a buffer to adjacent residents and would prohibit coops from being built against a property line. Furthermore, the required building setback could limit smaller single-family lots from permitting chickens. The definition of a chicken coop is required to be added to identify the structure used to house chickens as regulated within Chapter 14-Animals.
Public Notification
This request was noticed in accordance with the requirements of the Chandler Zoning Code.
Within the City's website, a forum for public comment has been available since June 2022. All comments are attached as an exhibit and categorized by position (for, against, or unclear). As of November 2, 2022, staff has received 228 total responses: 150 in favor and 46 against. The remaining responses contained comments regarding the proposal, but did not indicate a clear preference for or against. Persons who submitted multiple entries were counted as one and entries from non-residents were not included. The map attached indicates one point for each household.
As of the writing of this memo, City staff is aware of multiple residents in opposition to the proposed City Code amendment for Backyard Chickens, citing concerns of public safety, the City's ability to enforce, and health concerns. Staff has also received a large number of contacts from residents in-favor of the code amendment to allow backyard chickens. All comments received through email are attached.
The public hearing schedule was posted on the City's website and advertised in the newspaper.
The topic of Backyard Chickens was posted on the City's Twitter, Facebook, NextDoor, and Instagram social media accounts with a link to the City website public comment page and requesting resident input.
Planning and Zoning Commission Vote Report Planning and Zoning Commission meeting October 19, 2022 Motion to Approve
In Favor: 5 Opposed: 2 (Rose, Quinn)
At the Planning and Zoning Commission meeting, the item was on the action agenda. The powers and duties of Planning and Zoning Commission are limited to making recommendations to the City Council regarding items within Chapter 35- Land Use and Zoning, therefore, the Planning and Zoning Commission only voted on the proposed definition of a chicken coop in Chapter 35- Land Use and Zoning. During the meeting, one resident spoke for a majority of the residents in opposition and was allotted 15 minutes for their presentation. The resident cited concerns of public safety and quality of life. Two additional residents spoke: one in opposition and one with multiple questions regarding the keeping of chickens.
The Planning and Zoning Commission requested the height of the proposed chicken coop be limited to the height of surrounding property wall as to further buffer coops from view of neighboring properties. The Commission's request to reduce maximum height is identified within Chapter 14. Within single-family lots, perimeter walls typically range from five to six feet, therefore, staff has no concerns with Planning and Zoning Commission's request to reduce the height to not taller than adjacent perimeter fence in the rear yard. Any chicken coop exceeding seven feet in height will require a building permit and will be considered the property's one accessory building. Accessory buildings must meet the property's building setbacks and the design must be commensurate with the exterior design of the principal building in material, colors, and architectural style.
Ordinance was introduced and tentatively adopted on November 10, 2022.
