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Council committee advances amended backyard-chicken ordinance, keeps HOA/deed-restriction clause

Green City Council Committees · May 27, 2025
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Summary

Planning Committee reviewed amendments to the proposed backyard-chicken ordinance (2025-06AA): lot-size threshold reduced from 2 acres to 20,000 sq ft, a 20-foot setback retained, coops restricted to backyards, and the city will not issue a certificate of use when deed restrictions/HOA rules prohibit chickens. Committee set the ordinance for further action at the regular meeting and scheduled a future public hearing on related items.

The Planning, Community and Economic Development Committee discussed substantial amendments to the proposed backyard-chicken ordinance, including reducing the minimum lot size eligible for keeping chickens from 2 acres to 20,000 square feet and retaining a 20-foot setback for coops.

Chair Davittis said the committee settled on the 20-foot setback to avoid unduly restricting coop placement on smaller lots and read a revised provision that requires property owners to comply with deed restrictions and homeowners association rules: "The city will not issue a certificate of use when a deed restriction and or homeowners association requirement prohibits the use," Davittis said. That clause remains in the draft after debate: some members had favored explicitly exempting HOAs, but others said requiring compliance with deed restrictions and HOA rules is a practical compromise.

Committee members questioned enforcement mechanics: the draft allows a seven-day abatement period for nuisance conditions, possible revocation of the certificate of use for continued violations and a minor misdemeanor on subsequent offenses within a year. Planning staff and the law director said accessory-use rules and setback limits will effectively constrain coop sizes and that the zoning department typically inspects only on permit application or in response to complaints, rather than conducting proactive citywide searches.

Several committee members acknowledged possible neighbor conflicts as the ordinance expands eligibility, but most supported advancing the item toward a council vote and scheduling a public hearing on June 24 for related planning items.