Our City... semi-rant

PineappleMama

Songster
10 Years
Nov 23, 2009
5,731
25
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Deep In The Left Atrium Of TX
So, here's the code...

Section 5.02 Keeping of Fowl

A person commits an offense if he:

A. Keeps or maintains more than four (4) fowl on one-half (1/2) acre or less or at a distance closer than fifty feet (50') from any habitation located on another's property; or

B. Keeps or maintains more than ten (10) fowl on more than one-half (1/2) acre but less than one (1) acre at a distance closer than fifty feet (50') from any habitation located on another's property.

C. Keeps or maintains twenty-five (25) fowl or more on one (1) acre or more at a distance closer than fifty feet (50’) from any habitation located on another’s property.

D. Fails to keep any fowl of the Order Anseriformes from being at large; or

E. Fails to keep any fowl of the Order Galliformes contained within a coop or pen.

F. Keeps or maintains roosters except in an area zoned as agricultural.

And just for number's sake...

43,560 square feet = 1 acre = 208.7x208.7 (if a perfect square, not likely)
21,780 = 1/2 acre = 147.6x147.6 (if a perfect square, not likely)
10,890 = 1/4 acre = 104.4x104.4 (if a perfect square, not likely)

Okay, so let's stick with the 4 rule, since when I called Animal Control to ask about chickens the man said "All I know is you can have four"
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4 hens. Coop and Run must be 50' from ANY dwelling on others' property. Our neighbors' houses start 7' from our property line. So, to be legal the walls of our coop must begin at least 43' into our property. 43' in from the west, to the west wall of the coop and 43' in from the east, to the east wall of the coop. (road in front of house, neighbor in back is over 10' from line, so just talking east and west for now) To house 4 hens, no freeranging since 'at large' is a crime, they need a minimum 4sf coop and 10sf run space, total of 56sf so let's say 8'x8' (64sf) just to keep things square. So, for someone to keep four chickens, with neighbors that are that close their lot would have to be 86' (43' on either side) + 8' coop width for a total of 92'... problem being of course that our lot is only (measured in my steps) 45' wide and 89' long... our lot isn't particularly small, nor particularly large, just average. I know in other parts of town the lots are quite a bit smaller, and in the snazzier places they're a bit larger, but ours is about average for the many subdivisions around here...

Even if we put our coop dead center (that'd be IN the house hallway but for the sake of argument) it would still violate the 50' rule. So... is it just me or has Arlington effectively banned chickens, without actually banning them, since the majority of homes in the city are not on lots wide/deep enough to follow the 50' rule that's in place?

For us to safely house 4 hens we'd need 8'x8' coop/run and then 50' on all sides to property line (figure if it's to OUR line, rather than their house no one can fib the numbers, and property lines are known for being a smidge off here or there)... meaning we'd need 108'x108' = 11664sf which is over a 1/4 acre... yet in their code they state "one-half (1/2) acre or less" as though it's possible to keep them legally. Since our lot (and most it seems) are twice as long as they are wide then to get the 108' you'd prolly end up with a 216' depth lot... 23328sf which is over a 1/2 acre.... which means you could keep 10, rather than four... which is great for the rare lot that IS that size... but, for those of us NOT on a huge lot (huge for city that is) it seems like it's darn near impossible not to break the law?

Any legal eagles want to chime in here?

Oh, side note... square footage wise... if you did manage to keep four on a 1/4 acre it comes to 2722.5 sf per bird, for 10 on a 1/2 it's 2178 per bird, and for 25 on one acre it's 1742.4sf per bird. Just thought that was interesting... they can't even claim that the land requirements are based on a set amount of space per.
 
A. Keeps or maintains more than four (4) fowl on one-half (1/2) acre or less or at a distance closer than fifty feet (50') from any habitation located on another's property; or

To me it looks like the city is regulating the keeping of MORE than 4 animals but not less because of the "more than four (4)". So you could have up to 4 (no roosters) and not violate this law. So the gentleman from animal control was telling the truth when he said you can have up to 4 hens, he just did not explain well enough.

This is just my understanding though.

If you do end up getting chickens, I would still not put them right up against the fenceline though to avoid trouble. Even in places that allow small numbers you can run into issues if you get a complaint from any of your neighbors.​
 
I thought of that as a maybe... loophole? Having four or less isn't addressed at all (having 5-9 is, having 10-24 is, having 25+ is, but not 1-4) but I thought maybe I was just being blind or something.

Thanks for letting me know I'm not the only one who spotted that... might be just the loophole I need if anyone comes knocking.
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Of course, I still have to decide... Chickens (Delawares or Ameraucanas) or Ducks... chaps that I can't have four of both but better than nothing.

Ducks are louder, so more likely to annoy a neighbor IMHO, but people seem to like ducks more... they feed those at the park for example, but if they saw a chicken they'd probably freak.
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I think a ducks' walk is way cuter, but I love the idea of all those yummy chicken eggs. *sigh* The (internal) debate rages on...

Thanks again LH, eased my mind a bit.


Edit... another point in Ducks Favor is that I could have three ducks and one drake and get ducklings now and again... where as for chickens Roos are totally banned. So, toss up between babies, or eggs... which is more important... GAH! Maybe if I could stop opening topics titled "New Baby Pics" it'd be easier...
 
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The fifty foot rule is to the houses of your neighbors not your side lines. So it is possible to have the chickens on your lot if you can find the spot that meets the rules.

My house lot in another town years ago would have just met the lot size for the 1/4 acre situation. There was a road on two sides that took care of the setbacks to at least 7 houses two houses were all on the opposite sides of their lot and the last house was in the center of a triple lot so was over 50' from their own sideline. I would have had plenty of room to keep chickens if those rules applied.
 
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You must keep your chickens 50 ft from your neighbor's homes, so yes, it is possible that they are effectively banned on lots where the houses are too close together to keep birds 50' away from all other homes. Note how it says

" A person commits an offense if he:

A. Keeps or maintains more than four (4) fowl on one-half (1/2) acre or less or at a distance closer than fifty feet (50') from any habitation located on another's property; or"

The "or" that I made bold says that to be within the law you must meet both criteria: 4 or fewer hens and 50 feet from all other houses.

What does your zoning say about setbacks--even for a very small lot 7' sounds very close. Are the homes actually located that close (in your post it sounds like it, but I am wanting to verify that), and how do these neighbors feel about chickens?

"At large" means off your property. It does not mean that they cannot be free-ranged as long as you keep them from straying beyond your lot boundaries. Let's assume that the back line is not an issue. If might be better to have a rectangular run than a square one.
 
What I'd really watch out for is the requirements for erecting an outbuilding on the smaller lots. Old setbacks apply to old structures but not always to new ones.

It may be that while the chickens may fit an actual coop may not. But I'm sure you will check that out as well.

If those were the rules here I would be fine placing my chickens just on my side of the lot line but their coop would still have to be at least 50' on my side of the line.
 
I know 3 people in your neck of the woods that keep chickens. They do it quietly...
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most of them have bantems, still eat the eggs. Most of them have small coops so they aren't noticed and let the free-range in the yard in the evenings and week-ends, and they keep their wings clipped.
Ducks on another note:
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I have ducks and geese. And I am out in the country with 12.5 acres for them to play on and I love them. But ducks ARE nasty. Very nasty, they can muck up more water, They just walk around with mud in their mouths I think. LOL And they can be very loud. Now you can get some cute bantem ducks and that might help with the noise.
 
Hey there. I live down close to Mamawolf (Grandview) and I also know a few people who have chickens in your city. I don't know how strict they are on the 50 ft. rule. I would guess it depends on the neighbors. I do know they have their coops well inside their property and they have big privacy fences around the backyards. They've all clipped wings on their birds.

Ducks are quite loud and messy. Many of the bantam ducks are actually the loudest of all. Ducks are harder on the yard too. Those big feet really destroy grass and when it rains they dig everything up with their bills. If they can turn the entire pen into a mud wallow, they are darn happy. I love my ducks and geese, but they take more room IMHO.

It's easier to be a bit covert with chickens.
 
The way the rules read in our city, its much like yours. We effectively had a tiny back yard, with a very large side yard on both sides, so it meant...I had to keep my chickens in my front yard.

The neighborhood HATED that! But it was the city's rules! I had animal control to come out and do an inspection, he said..."You have read the rules, havent you?"

I said, "yup" and he commented that he knew I Had, as in our yard the only place that meant the requirements was our front yard. He passed my setup and gave me a certificate, and they had complaints to the mayor about my having "CHICKENS in the front yard" oh me oh my. Said if anyone said anything I could shove my certificate in their face...but...it was entirely up to me of course...but I might want to "pretty it up".

I had intended to pretty it up, but after that, I never did, I was so fuming mad.

My neighbors to each side of my and all down my block loved them, most had kids and would come bring treats, thats the ironic part of it. It was some stick in the mud that lived a few blocks away that drove by that had the problem.
 
Interesting how many laws and ordinances there are that people dont know of or abide by. ;-) Hopefully you don't have to worry about problems with your neighbors to begin with. You might have an idea of how they would react to you having chickens in the first place. And if you get along then even better.
shoot. I forget who I was posting that to. lol Oh well. In general, for all of us. I dont know whether I'd follow certain aspects of the ordinance, such as telling me where to place my coop and run. I didnt expect the neighbor to place his pool in a particular spot or his shed. His shed and my shed are both on our property lines almost and I think code says that they should be 10 feet off the line. I think alot of "codes" are not followed as long as neighbors don't have issues with each other - its no problem. And sometimes laws lack common sense. lol.
 
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