Moab city chicken ordinance meeting

[Laurel Hagen]

Hello!
There will be a Moab Planning Commission public hearing on February
12th at 6pm in the City Council Chambers on ordinance 2009-01 which
allows for the keeping of a limited number of chickens (hens only) in
residential zones in Moab.  This would be the first of two public
hearings.  The draft ordinance for consideration is below.  It will be
important to show that people that reside in the zones impacted are in
support of this ordinance.  Please consider attending this meeting to
show your support.  If this passes through Planning Commission, there
will be another public hearing before it passes through the City
Council.  While attendance at both meetings would be great, the most
important meeting to attend is the City Council meeting.  I will let
everyone know when that meeting is scheduled.

Please contact me with any concerns or questions at 719-4076 or
[hidden email]

Thanks!
Jen Sadoff

Draft ORDINANCE#2009-01

AN ORDINANCE TO AMEND TITLE 17.00, ZONING, WITH THE ADDITION OF A NEW
CHAPTER 17.52, KEEPING LIMITED NUMBERS OF FOWL, SPECIFICALLY HEN
CHICKENS FOR EGGS AND ESTABLISHING MAINTENANCE STANDARDS

WHEREAS,the Moab City Council (³Council²) adopted Title 17.00.00, also
known as ³The Zoning Ordinance of Moab City, Utah² on May ?? 1954, in
an effort to encourage and facilitate orderly growth and development,
promote a more attractive and wholesome environment, and to protect the
public health, safety and general welfare; and,

WHEREAS,the City, from time to time, has found it necessary and
desirable to amend the regulations and requirements of Title 17.00 to
remain current with changing elements of society and contemporary
planning; and,

WHEREAS,the City has been approached to allow a limited numbers of
chickens to be housed on properties located in residential areas to
serve as a food source and to enhance efforts of local sustainability;
and,

WHEREAS,hens have provided food for consumption by property owners on a
non-commercial basis in limited zoning districts of Moab for many
years; and,

WHEREAS,eggs that are locally raised for personal consumption are
significantly more healthful and taste better than factory-farm raised
eggs, and are a part of the sustainable lifestyle; and

WHEREAS,backyard and urban chickens eat noxious weeds and insects; and

WHEREAS,chicken fecal matter can be a rich source of fertilizer and a
positive addition to soils and;

WHEREAS,numerous other local jurisdictions have adopted regulations for
the legalization of responsible raising of backyard hen chicken; and

WHEREAS,citizens of Moab value their desire and ability to sustain
their families with food produced from their own property, gardens and
fruit trees.

WHEREAS,the City of Moab Planning Commission held a duly advertised
public hearing on February 12, 2009, to hear and consider testimony in
support and opposition of amending the text of the Code to allow the
keeping of limited numbers of hen chickens in all residential zones and
for residential uses in commercial zones; and,

WHEREAS,the Planning Commission, after consideration and review of the
submitted testimony, favorably recommended that Council approve
Ordinance #2009-01;and,

WHEREAS,Council, in a regularly scheduled open meeting, considered the
public testimony and the recommendations of the Planning Commission and
City Staff in reviewing the keeping of chickens in limited numbers
within Moab City Limits; and,

WHEREAS,Council has determined that the keeping of chickens in limited
numbers is an acceptable activity in residential zones and as a
permitted activity for residential uses located in commercial zones and
is in keeping with the objectives and characteristics of the General
Plan and Council Sustainability Resolution No. 37-2008 adopted on
December 9, 2008.

NOW, THEREFORE, the Moab City Council hereby amends Title 17.00,
Zoning, with the addition of language to read:

Chapter 17.52

Keeping limited numbers of fowl for food production

Sections:

           17.52.010           Intent

           17.52.020           General Conditions

           17.52.030           Prohibited Uses

           17.52.040           Standards for Containment

           17.52.050           Standards for Maintenance

           17.52.060           Application for Permit

 

17.52.010            Intent.

This Chapter shall provide residents of the community the opportunity
to maintain up to ten (10) hen chickens as pets and for the purpose of
producing eggs, subject to the described restrictions and regulations.
The objective is to cultivate localized self- supporting and
sustainable behavior for the betterment of the local, regional, and
world community.

17.52.020           General Conditions.

In all R-1, R-2, R-3, R-4 residential zones of the City of Moab, and
only for those single-family residential uses in the commercial zones,
up to and not exceeding more than four (4) hen chickens for egg
production as family food, shall be allowed as a permitted use by
right. For populations exceeding this threshold and up to ten (10) hen
chickens, a permit may be issued upon inspection of the property and
approval by City Staff. This use is solely to allow up to ten (10) hens
per household as pets and for the purpose of producing eggs, subject to
the following restrictions:

17.52.030           Prohibited uses.

1.    No roosters shall be allowed in the R-1, R-2, R-3, R-4 or any
commercial zone. If chickens are purchased as chicks and any are
determined at a later date to be roosters, they shall be
removed immediately upon determination of gender;

2.     Fighting chickens are not allowed as per Municipal Code Chapter
6.04.360.

3.    Hen chickens shall not be raised for slaughter for commercial
purposes;

17.52.040  Standards for containment

Hens shall be securely fenced and confined to the property of the
owner, and not allowed to run at large;

1.    Enclosures and coops shall be located at least fifteen (15) feet
from neighboring residences, kept clean and with no odors emanating
across property lines;

2.    Chicken yards shall provide a minimum outside area of10 square
feet

3.    Coop areas shall provide a minimum of 4 square feet per laying
hen;

17.52.050           Standards for maintenance

1.    Removal of dead birds.

2.    It is unlawful for the owner of any fowl that dies within city
limits to fail to remove the carcass of such animal from city limits
within ten hours after its death.

3.    No coop cleanings shall be stockpiled within twenty (20) feet of
any dwelling or any property line unless stored in a closed bin covered
to prevent pest and insect infestation [or kept in a properly
maintained compost pile].

4.    No coop shall be kept in an unsanitary or improperly ventilated
condition by any coop owner, lessee or occupant of a property.

5.    Diseased or sick birds shall be handled in such a manner as to
not infect other members of the coop.

17.52.060            Application for Permit

Any person intending to raise five (5) or more and up to a total of ten
(10) domesticated hen chickens shall apply for a permit to do so. The
application form shall be provided by the Zoning Administrator and
shall include at a minimum:

a.    Name and address of property owner and other contact information,
b.    Address of subject property,
c.    Name and contact information of occupant or renter if not the
property owner,
d.     The applicant shall provide a narrative and a site plan of the
subject property to adequately explain the location of the coop and
other improvements on the lot. A non-refundable fee as established by
resolution of Council shall be submitted at the time of application.

AND, FURTHERMORE,Council hereby repeals Item D. of Subsection 6.04.480,
Barns and stables, that currently reads;

           ³D. No chicken coop, house, pen, or any other structure used
for the containment of

fowl,including pigeons, except for household pets, shall be kept or
maintained at a distance closer than one hundred feet from the door or
windows of any dwelling other than the dwelling of the animal owner or
caretaker.²

AND, THAT,Council also amends the language of Chapter 17.06,
Definitions, with the addition of a definition of ³Fowl² that shall
read:

           ³Fowl²When applied to Code Chapter 17.52, specifically
references adomesticated hen ³chicken² that is used as food or for
laying eggs but does not include any of the other various heavy-bodied
largely ground-feeding domestic or game birds of the order Galliformes,
such as a duck, goose, turkey, or pheasant, that is used for food or
hunted as game.

PASSED AND APPROVED in open Council by a majority vote of the Governing

Body of Moab City Council on _________ __, 2009.

SIGNED:

______________________________

David L. Sakrison, Mayor

ATTEST:

__________________________________

Rachel Ellison, Recorder         



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