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Sahuarita amends zoning to allow up to six fowl on single-family lots, maintains rooster prohibitions

Town of Sahuarita Town Council · December 10, 2024
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Summary

The council adopted Ordinance 2024-177 to align the town code with state law requiring municipalities to allow backyard fowl; key changes include allowing up to six fowl on single-family and MH lots, a 20-foot coop setback, and continued prohibition of roosters except in rural zones.

The Town of Sahuarita council adopted Ordinance 2024-177, a zoning text amendment to bring the town code into conformity with recent state law requiring local jurisdictions to permit the raising of fowl in single-family residential zones.

Nathan Barrett, deputy director of community development, told the council the state measure (referred to in staff materials as HB 23 25) requires municipalities to allow the raising of fowl on single-family detached lots and allows local jurisdictions to impose certain regulations. Barrett said the town’s amendment principally allows up to six fowl in the MH (mobile/manufactured home) zone — bringing that zone into parity with single-family zones — lowers local coop setback language to the statutorily permitted 20 feet, and adds rules about manure composting and rodent/insect-proof feed storage. Barrett confirmed the town’s existing prohibition on roosters in non-rural zones remains unchanged.

Planning and Zoning recommended approval at its Nov. 4, 2024 meeting. The council opened the required public hearing, heard no public comment, and adopted the ordinance by unanimous voice vote.

What changed: the MH zone now allows up to six fowl per single-family lot; coop setbacks are standardized at 20 feet consistent with state law. Limitations remain where CC&Rs (covenants, conditions and restrictions) apply, and associations may still enforce private rules that supersede town code.

Implementation: Community Development will update town code language and public-facing guidance to reflect the new limits and coop requirements.