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Tempe approves ordinance for domestic chickens

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Tempe City Council recently adopted a city code text amendment to align with state legislation that increased the number of fowl allowed on residential lots that are a half acre or less with a single-family detached residence.

A city staff report by principal planner Michelle Dahlke explained that the state legislature adopted House Bill 2325 regarding domestic chickens and related definitions that are effective as of Sept. 14.

HB2325 established that municipalities may not adopt a law, ordinance or other regulation that prohibits a resident of a single-family detached residence on a lot that is half an acre or less from keeping up to six fowl in the backyard.

“(City code) currently specifies the number of small animals collectively allowed on an individual lot, which is no more than five small animals,” Dahlke stated.

Because of this, the city must amend its zoning code to allow for up to six fowl per half-acre lot containing a single-family detached residence. This ordinance added language to meet the state requirement by including that no more than six fowl are allowed on an individual lot and that “such fowl will not count toward the total allotment for small animals.”

Other changes in the city code consist of:

  • Adding clarifying language that includes chickens in the section about officially requesting more small animals than are permitted;
  • Including that fowl enclosures be no taller than the height of a property’s fence or wall line; and
  • Providing a specific definition of fowl (adding in domestic chicken, removing the current poultry definition, revising the current definition of small animals to remove poultry, adding ducks, geese, turkeys and Guinea fowl, and noting domestic chickens are excluded from the small animal definition).

Staff also proposed the addition of the definition of hoop house, limiting it to the storage of plants only and clarifying that these structures comply with requirements for detached accessory buildings or structures, according to Dahlke.

Councilmember Jennifer Adams spoke on the item at the meeting, speaking about her own neighborhood and how there have been plenty of chickens in the past, which have been an overall benefit.

“I’d recommend everybody that can have a chicken, to have a chicken and enjoy them,” Adams said. “But don’t butcher them, just take them for their eggs.”

City council held the second and final public hearing on the item at its Dec. 19 regular meeting, adopting the city code amendment in a 7-0 vote.

Reporter Caroline Yu can be reached at cyu@iniusa.org. To voice your opinion on this story, connect with us at AzOpinions@iniusa.org. 

Tempe City Council, domestic chicken, city code, amendment

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