After heated debate, commission recommends limited allowance for backyard chickens with strict conditions

The Planning & Zoning Commission voted to forward a draft ordinance to city council that would allow backyard chickens on residential lots of at least 20,000 square feet (about 0.45 acre) under strict conditions, after a long hearing that included presentations from the ordinance sponsors, staff, commissioners and many residents.

What the draft would do: Sponsor Justin Spate (speaker 10) and resident petitioner Christina Gardner (speaker 5) proposed lowering the current minimum lot size from 2 acres to 20,000 square feet and adding detailed requirements. Under the draft, permitted limits would be tiered by lot size: 20,000 sq ft to 1 acre — 6 hens; 1 to 2 acres — 8 hens; 2 to 5 acres — 4 hens per acre; roosters would be prohibited on lots under 5 acres. The draft also adds minimum coop and foraging-area dimensions (staff cited a 4 sq ft enclosed minimum per chicken and an 8 sq ft foraging minimum), a 100-foot recommended distance to an adjacent dwelling to reflect Summit County Health guidance, a requirement that coops and any interior fences be included in a residential accessory permit submittal, a prohibition on variances for chicken provisions and a prohibition on selling eggs from the property.

Sponsor and proponent arguments: Spate said the change responds to a petition and resident interest and is intended to be "reasonable and very restrictive." Gardner testified about food access, education and the practicality of backyard flocks and offered comparative local examples of less restrictive ordinances in neighboring jurisdictions. Gardner argued that managed backyard flocks provide a sustainable, low-cost food source and can be kept without neighborhood nuisance when properly regulated.

Opposition and concerns: Several commissioners and many residents expressed concerns. Critics cited potential nuisance (odor and flies), predator attraction, enforcement workload for the city’s zoning inspectors, effects on property values and conflicts with homeowners associations (HOAs) or restrictive covenants that may prohibit poultry. Stan Leventer (speaker 9), Meadowood HOA president, said defunct or boundary-adjacent HOAs would still be affected and urged caution, also noting health concerns including avian influenza in nearby jurisdictions. Jane Weaver (speaker 14) asked for clearer, stand-alone chicken provisions, defined coop/run dimensions and stronger runoff/manure language. Commissioners asked whether the change should instead be a ballot issue; some said they preferred leaving the current 2-acre threshold.

Operational details raised at the hearing: Staff and the sponsors clarified that the draft would exclude lots that are covered by an HOA on record (as found on county records), that the permit fee was corrected in the hearing to $50 (staff said the fee had recently been adjusted), and that staff recommended adding the 100-foot health-department distance into the ordinance language. Staff said annual inspections and an enforcement mechanism (a minor-misdemeanor citation for repeated offenses) were included. Sponsor Spate said the initial rule could include a cap of 100 permits for a trial period to limit the short-term workload and allow the city to scale the program if needed. Staff also confirmed the amendment would modify the land development code table of uses (section 157086-2) and that final code language would be reviewed by the law director before council action.

The vote and next steps: A commissioner moved and the commission voted to recommend the draft ordinance (20,000 sq ft threshold) with added requirements: a 100-foot distance to adjacent dwelling, coop accessory-permit requirements including plans, and permitting for any additional perimeter fencing. Planning staff reported the commission’s recommendation will go to city council; staff summarized that the commission voted 4–1 in favor, and noted dissent centered on reductions to the existing acreage threshold. The council will hold a public hearing on May 13 and would consider the ordinance in subsequent readings.

Quotations from the hearing: "This draft we have in front of you is probably gonna be one of the more solid ones," sponsor Justin Spate said of the proposed language. Resident Christina Gardner told the commission, "Farm fresh eggs are one of nature's few superfoods," and urged the city to adopt conservative rules to allow backyard flocks. Meadowood HOA president Stan Leventer cautioned, "If we pass this, I really think it's gonna complicate the neighborhoods and kinda destroy the sense of community," citing health and HOA enforcement concerns.

Why it matters: The recommendation would loosen one of Green’s more restrictive backyard-poultry limits and create a locally regulated pathway for residents to keep hens, with direct implications for neighborhood enforcement, public-health oversight and staff workload. Council will have the final decision and may modify the proposal following the public hearing.

What remains unresolved: The final ordinance language (definitions, exact inspection fee structure, whether initial permit caps will be adopted, and how covenants/HOA conflicts will be handled administratively) will be clarified in the council process and by the law director’s review.