Arizona Chickens

[mclevinson]

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Oh no. Pesky HOAs, I can't stand 'em. I can understand certain value in them but for the most part they need to get a life. I hope so much I can find a house outside of one but the only houses I'm finding are in them. I finally figured out how to find CC&R's on the Pinal County Recorder's page but they're so cryptic, there's so much to read through, and because it's a scan of the document I can't use the search function. So far I believe I've found one HOA that is okay with the chickens, the other one which I was hoping more to move into does not.
How did it happen? Did your neighbors have a problem with the chickens or something? I'm so looking forward to introducing myself to potential neighbors when house hunting by asking if they would mind if I had chickens in the backyard...
Anyway, I'm really sorry that's happening. Is there anything you can do?

Oddly, the cc&r's on disk given at close do not appear to match the cc&r's attached to the letter of complaint. I review most carefully before I got chickens, even running it by my landlord for permission.

The concerns are frivolous.

 

[ca]

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That is unbelievable! What a disaster! I sure hope they don't have the last word!
I don't know anything about these issues (I am in farm country) but I know that for examples HOAs will try to tell you you can't have solar panels but you can! Maybe we need to start flooding the governor's office with petitions to make it a statewide law to be able to have chickens. After all you can have dogs and cats!? What do Gilbert ordinances include about this topic? Anybody married to a chicken obsessed attorney?

In the worst case let me know when I can come and help you move to friendlier pastures! I am still not done with my own move (2 years and counting

) so I am all warmed up!

 

[mclevinson]

Quote: ca In the worst case let me know when I can come and help you move to friendlier pastures! I am still not done with my own move (2 years and counting

) so I am all warmed up!

Get this...DH is on MY side.
Speechless now. Wondering if I've been sucked into an alternate universe. Straining my ears for the theme to Star Trek. Feelings of warm tribble fuzziness (faint but present).

HE SAID HE COULDN'T SEE WHAT PROBLEMS MY CHICKENS WERE CAUSING. HE SAID WE NEED TO MOVE TO A COUNTY ISLAND.

Shocked me into heart palpitations. I think I need a Xanax or something.

 

[LarryPQ]

I have chocolately banana bread....

 

[ca]

Quote:
PM me some, please!

 

[nurseshelly]

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Awwww - he loves them, he's just been hiding it all of this time!!!!
Mmmm we could meet and get something loaded with sugar and chocolate - LOL! Almost as good as xanax!

 

[LarryPQ]

The freezer defrosted, so I have to cook up this 50lbs of bananas I had frozen. Pumpkin too. Anyone wants some bread, just let me know. I will be home all day.

...now I wouldn't drive out of my way for this bread, but if you are in the area...

 

[mclevinson]

Quote:
Awwww - he loves them, he's just been hiding it all of this time!!!!
Mmmm we could meet and get something loaded with sugar and chocolate - LOL! Almost as good as xanax!

Saturday? Sunday? Coffee?

 

[ca]

Quote:
You have to VERY careful with relocating. I ran into this a couple months ago on another thread:

Quote citizen The maricopa county Island has forced me to give up all my birds. They say poultry of any kind are farm animals and since I don't fall under the laws of Mesa or Apache Junction I can't have farm animals since I'm not a commercial farm.

There is no law against it, there just isn't a law that says I CAN have pet chickens in a non commercial setting. Who should I contact to get that gross misinterpretation of the law changed? It is like saying there is no law saying I CAN have a garden, so it must be illegal for me to have one.

I gave up 5 chickens and 2 ducks and I miss them so much. Can anyone help? I'm starting a letter writing campaign. Will that do anything at all?

Citizen letter to the county

My name is Renea L. Spidell. I am writing to request that you legalize small numbers of hens (not roosters) in residential zones in the Maricopa County Island. In this letter, I will describe the benefits of chickens in the city. I will provide examples of backyard chicken laws from other U.S. cities.

Three things a dog can't do for a low income urban family:
1. Hens provide eggs that supplement the diets of low income families.
2. Hens eat waste products like bugs, weeds, and kitchen scraps, changing trash into food.
3. Chicken droppings provide valuable, odorless fertilizer that is high in nitrogen, preventing the need for petroleum-based commercial fertilizer.

Other poultry: Ducks and quail are a growing favorite with back yard breeders. They can be raised for meat or eggs or both. Many quail owners never buy meat from the store, a flock of 40 small birds raised in a shed being totally sufficient for the needs of their families.

Eggs: In general, the smaller, quieter breeds of chickens and ducks are capable of producing more eggs. The small (3.5-5 lb) Khaki Campbell duck can lay 340 eggs per year, compared to the best layer of the (8-10 lb) heavy duck breeds, the Silver Appleyard, which can only produce up to 270 eggs per year. A Japanese quail can lay 240-300 eggs per year.

Noise: A noise concern is a valid worry for noisier fowl like roosters, peafowl, or guineas. Hens, however, are among the quietest of poultry species. They do cluck - for example, to brag about an egg they just laid - but if they are outdoors, they cannot be heard inside nearby buildings. Any noises a domestic bird might make are not as loud as a dog barking.

Other Cities' Policies
Every incorporated area surrounding the Maricopa County Island area between Apache Junction and Mesa allows pet poultry ownership, including Phoenix, Maricopa, and Gilbert. In fact, the County Island is the only area that does not allow residential poultry.

Mesa: 5 hens can be kept on any lot as long as the coop is 45 feet away from the neighbor's house.

Phoenix: Similar to Mesa. Law also requires coop be cleaned once every week.

Chicago: An unlimited number of chickens may be kept for pets or eggs. Slaughter is not permitted and the chickens must be penned.

San Francisco: You may keep any combination of 4 small animals on your lot without permission.

Thank you for your consideration of this issue. I would be incredibly happy if I were able bring my 4 pet hens back home. I live on a residential lot on Baywood Ave with a fenced in yard. Some of my neighbors currently keep chickens. They are not aware the law forbids this action. I feel that making County Island statutes more consistent with the cities around them is appropriate for allowing chickens within residential zones. Please let me know how I might be able to be of help in your investigation of this matter.
Thanks,

R. L. Spidell

Please inform me of how I may move forward in order to change this law for the good of all the citizens trying to raise their own food in light of economic hardship. Don't continue to allow feeding ourselves to be a crime.

In Summary:

Chickens have existed in cities since the dawn of time, and they still exist all over the world. Benefits to raising hens in the Maricopa County Island include:
1. Fresh, healthy, delicious eggs, free of pesticides and antibiotics.
2. Chickens eat table scrapes, turning municipal organic waste into food.
3. Chickens produce a rich fertilizer by-product, high in nitrogen, eliminating the need for petrochemical fertilizers. They enrich our gardens and increase home food production.
4. Educational - teaches children where our food comes from and demonstrates responsible pet ownership.
5. Great pets - Chickens are intelligent and people-friendly.
6. Chickens eat bugs, reducing our backyard pest population.
7. Chickens eat weeds and cut grass, reducing green waste.

As a citizen of the Maricopa County Island, I urge County Council, to update the Statutes and Zoning Code in order to permit the responsible raising of small numbers of backyard poultry.

County Response
Ms. Spidell,
Terri Hogan asked me to respond to your suggestion that we amend the ordinance to allow a small number of hens in residential zoning districts. First, I need to ask if there was a specific problem that you are trying to address, such as a zoning violation, or are you looking for this to be addressed in general?
Regardless, this type of change would require a Text Amendment to the Maricopa County Zoning Ordinance, which is generally very time consuming considering the stakeholders that are typically involved. Given our current staffing levels, we would not likely initiate this Text Amendment at a staff level unless directed to do so by one of the County Supervisors, but you could file for a Text Amendment, in which case you would pay the appropriate fees and suggest language for consideration. The application packet for Text Amendments can be found at http://www.maricopa.gov/planning/PlanningServices/Other/TextAmendme... .
Hope this is helpful.
Robert H. Kuhfuss, AICP

Citizen response
Mr Kuhfuss,

Thank you for your reply. It was helpful. However, in this case, a text amendment requires that there be text to amend.
There is no statute that actually states hens are illegal in residential areas of the Maricopa County Island. However, I was cited as being in violation of zoning laws. On that citation was the zoning statute referring to only being able to run commercial livestock operations if my property was listed as a farm. The only other place that mentions poultry in the statutes refers to meat production. I am a vegetarian.

I was not selling eggs or chickens, they were pets. Della Davis, 602-723-5439 explained that in her opinion, because there wasn't a law saying I can have pet birds, it must be against the law. I need not expound upon the faulty logic residing within such arguments. I believe the situation is merely a misunderstanding. Why would pet hens be legal in Mesa, Phoenix, Gilbert, Apache Junction, Maricopa, Fountain Hills, Scottsdale, and more but not in unincorporated county islands?

How can I file for an amendment upon text that doesn't exist? Can I get a second opinion on that non-existent zoning statute I 'violated'?

I am sorry, I just want my birds back. I really miss my four little girls. Any information you could give me as to who to contact and how would be appreciated. All of my fellow chicken owners in this area are shocked that I have lost my hens and wondering if they will be caught next.

R. Spidell

In this case, it was a complaint that started it. The abandoned house is trying to get sold and the bank complained because they felt that my animals might make it difficult to sell the house.

County Response
"Ms. Spidell,
If you were to file for a Text Amendment, you would be amending the text of the Maricopa County Zoning Ordinance such to include the keeping of hens as a by-right use.
Please realize that it is not my place to argue whether or not you are in violation of the Zoning Ordinance. If you feel that you are not in violation, you may exercise your right to carry the matter forward to the Zoning Hearing Officer. Della can assist you in that regard.
I’ve cc’d Della on this email in addition to Charles Hart, who is the Code Enforcement Manager, and Darren Gerard who is our Deputy Planning Director. I’ve also cc’d Terri Hogan who directed me to contact you yesterday.

Robert H. Kuhfuss, AICP"

Sir: you have a number of options. Many other jurisdictions specifically list what animals may be kept in residential zoning. The county’s zoning ordinance does not. The Board of Adjustment made an official interpretation several years ago that the keeping of farm animals is customarily incidental as an accessory use to a residence in the Rural zoning districts without limitation, but that the keeping of farm animals is not permitted in the Residential zoning districts.. Farms animals is undefined and up to the discretion of the Zoning Administrator. They include cows, sheep, goats, chickens, etc. Domestic animals as pets are permitted in all zones. The term is undefined and up to the discretion of the Zoning Administrator. They include dogs, cats, etc. Horses are permitted in all Rural and Residential zones but the latter subject to conditions. This is our consistent policy. Staff is amiable to a text amendment, but it will likely have to be applicant driven. The text amendment would insert language into the Residential zoning districts’ use regulations regarding the keeping of animals. No language currently exists. Another option is to appeal staff’s interpretation of the ordinance to the Board of Adjustment, but recognize they made an official interpretation within recent memory and I don’t expect them to vote any differently. Their interpretation of the ordinance does not mean that staff wouldn’t support amendment the ordinance language. Darren

Darren V. Gérard, AICP, Deputy Director

 

[nurseshelly]

Quote:
Awwww - he loves them, he's just been hiding it all of this time!!!!
Mmmm we could meet and get something loaded with sugar and chocolate - LOL! Almost as good as xanax!

Saturday? Sunday? Coffee?

Saturday would work