Cave Creek changes zoning rules to allow backyard fowl following state law
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Summary
The council adopted emergency zoning text amendments to allow residents to keep up to six backyard fowl on single-family lots in response to Arizona House Bill 23-25; the changes affect residential and certain commercial zoning chapters and were approved unanimously.
The Cave Creek Town Council on Dec. 16 adopted zoning text amendments to bring the town into conformance with Arizona House Bill 23-25, which restricts municipalities from banning backyard fowl on qualifying lots, staff said.
Development services staff said the amendments apply to accessory uses in residential chapters and to commercial-zone chapters where single-family residences exist. “This bill specifically applies to lots that are half an acre or less in size,” said Eric Baker, associate planner, describing the state law that prompted the change. Staff proposed applying the change to all single-family detached residences rather than only very small lots to avoid inconsistent rules across lot sizes.
Baker said the town’s zoning ordinance already categorized fowl within a broader definition called “small ranch animals” (which staff said also included rabbits and chinchillas by ordinance definition). Planning Commission recommended the text amendments by a 6–0 vote on Nov. 21, staff said. Council declared the changes emergency amendments so the town will be in conformance with the state law prior to Jan. 1, 2025.
Council approved two ordinances (one amending residential regulations, one amending commercial-zone accessory-use rules) on voice votes; both passed 7–0. Council members discussed the local character and limited expected impact given Cave Creek’s lot-size patterns. No public comments were recorded on the items during the meeting.