Agenda Item Wording:
title
Consideration of and direction on initiating potential Municipal Code Updates related to Allowing the Keeping of “Chickens” in Residential Zones.
body
Deadline for Action: 5/15/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Paul Bernal, Community Development Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559) 713-4025
Department Recommendation:
Staff recommends that the City Council consider the information presented in this staff report. Based on the staff report, presentation and comments received, the City Council may direct staff to initiate a Zoning Text Amendment that would revise and update municipal code language to permit the keeping of chickens in residential zone districts. Revisions to be considered as part of the Zoning Text Amendment process related to the keeping of chickens in residential zones will be subject to the public hearing process.
Summary:
Keeping of chickens or other fowl in residential zones is not presently permitted in the Visalia City Limits, except in the R-1-20 (Single-Family Residential, minimum 20,000 square foot site area) zone district. This issue is addressed in a variety of ways throughout the State. Most cities, like Visalia, classify chickens and similar fowl as barnyard or farm animals, and exclude them from being kept as household pets. Please note, in the R-1-20 zone (former R-A, Rural Residential zone) the breeding, hatching, raising and fattening of birds, rabbits, chinchillas, hamsters, other small animals and fowl, on a domestic noncommercial scale, provided that there shall not be less than one thousand (1,000) square feet of site area for each fowl or animal and provided that no structure housing poultry or small animals shall be closer than fifty (50) feet to any property line, closer than twenty-five (25) feet to any dwelling on the site, or closer than fifty (50) feet to any other dwelling is permitted.
Other nearby cities are mixed in their allowances for chickens. A summary of these cities is provided in the table below:
|
City |
Chickens Permitted |
Roosters Permitted |
Permit/License Required |
Setback Requirements |
Enclosure Required |
|
Clovis |
No |
No |
|
|
|
|
Dinuba |
No |
No |
|
|
|
|
Exeter |
Yes (10 chickens permitted) |
No |
No |
Rear Yard only |
Yes |
|
Farmersville |
Yes (4 chickens permitted) |
No |
No |
Rear Yard only |
No |
|
Fresno |
No |
No |
|
|
|
|
Hanford |
No |
No |
|
|
|
|
Lindsay |
Yes (5 chickens permitted) |
No |
No |
Rear Yard only |
Yes |
|
Tulare |
No |
No |
|
|
|
|
Porterville |
No |
No |
|
|
|
|
Woodlake |
Yes (4 chickens permitted) |
No |
|
Rear Yard only & setback 25-ft. from any residence. |
Yes |
Cities that allow the keeping of chickens have generally concluded that chickens can be both pets and potential supplemental food sources (eggs and meat) and allow from one to several on residential lots. Cities that allow chickens typically include several restrictions such as, no roosters, no killing and/or dressing the animals on the premises, require enclosure standards including setbacks from property lines and residential/habitable structures, and requiring a clean and sanitary environment. These standards and limitations are intended to minimize the potential nuisance effects of these animals on adjacent and nearby properties.
Background Discussion:
On February 21, 2023, Councilmember Wynn requested the City Council approve placing an item on a future City Council agenda to consider discussing and directing staff to seek potential revisions to the Visalia Municipal Code that may permit the keeping of chickens and/or hens in the City of Visalia. Based on the request, staff researched Municipal Codes of other California cities, as well as literature on the keeping of backyard fowl husbandry.
Staff is seeking input and potential direction from the City Council on whether the Council wants to direct staff to begin the process of identifying potential revisions to the municipal code to permit the keeping of chickens on residential zoned properties in the City of Visalia. Staff has provided the following options for the City Council’s consideration related to this subject as summarized below. Please note the following are examples of what considerations could be included in an ordinance update. Items identified will allow staff to begin work on drafting revisions to the municipal code that will be presented at a future meeting.
1. Limit the allowance to include the R-1-5 (Single-Family Residential, 5,000 sq. ft. minimum site area per lot) and R-1-12.5 (Single-Family Residential, 12,500 sq. ft. minimum site area per lot) Zone Districts. This would preclude keeping chickens in the R-M-2 and R-M-3 multi-family residential zones where space is limited and potential for conflicts is greater.
2. Identify a limitation on the number of chickens permitted per parcel. Staff recommends the City Council limit the number of chickens to a maximum of no more than four (4) chickens per parcel, and expressly prohibit the keeping of roosters within the City of Visalia. This would allow a reasonable number of chickens for egg production and for eventual dressing and consumption of chickens. However, this number would also minimize the potential for nuisance impacts on other residences (noise, odors, vermin and predator attraction).
3. Require that a coop and/or enclosure be provided to shelter chickens at a rate of a minimum of three (3) square feet per chicken, as recommended by industry literature for chicken coops. The City Council may also consider adopting language that prohibits the free range of chickens within a secured yard area at any time.
4. If coops and/or enclosures are required, set a minimum separation distance of at least 10 to 20 feet from property lines and/or habitable/residential structures.
5. Prohibit the killing and dressing of chickens on residential zoned property. This would limit the potential for offending adjacent residents in the course of keeping chickens on single-family zoned sites.
6. Require an over-the-counter ministerial permit for the keeping of chickens in the City of Visalia. This permit process would ensure education about City standards and compliance with the above provisions, including administrative citation penalties and revocation of said permit should the permittee fail to maintain the required standards. Staff will identify a permit fee amount that is reasonable based on the time allocated to processing the permit. That fee will be presented when draft language is presented at a future meeting.
Please note staff acknowledges the enforcement of potential revisions related to this subject would admittedly be difficult to enforce and or pursue if complaints are received. The Neighborhood Preservation Division carries a significant workload related to transient issues, illegal cannabis grows, substandard housing issues, sign enforcement, street vendor enforcement along with a plethora of code violations reported daily on the City’s Code Enforcement hotline. The addition of responding to complaints received from person(s) not complying with potential adopted regulations as noted above will add to their workload.
Fiscal Impact:
None.
Prior Council Action:
On February 21, 2023, a request by Councilmember Liz Wynn for Council to approve placing an item on a future City Council agenda for consideration of allowing backyard hens in the City of Visalia was approved.
On April 6, 2015, the City Council directed staff to initiate a Zoning Text Amendment to Allow Keeping Chickens in Residential Zones.
On June 1, 2015, the introduction of Ordinance No. 2015-06, amending the Municipal Code to allow chicken keeping in single-family residential zone districts was presented. The City Council voted to deny the ordinance.
Other:
On May 11, 2015, the Planning Commission voted 3-1 to recommend denial of the Municipal Code Amendment.
Alternatives:
The City Council, in lieu of the recommendations provided, may direct staff to consider the following:
1. Receive the staff report and presentation and take no further action at this time.
2. Provide staff with further direction and return the item back at a future Work Session.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to direct staff to initiate a Zoning Text Amendment to amend portions of the Visalia Municipal Code that will permit the keeping of chickens in the R-1-5 and R-1-12.5 residential zones.
end
Environmental Assessment Status:
No environmental assessment required at this time. The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by City staff.
CEQA Review:
The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by City staff.
Attachments: None.