Please Help Me! Glendale AZ

[Sonoran Silkies]

Did you try to get a variance? I know that before Tempe revised their code a few years ago to allow up to 5 hens in all single family residential zone that getting variances to allow hens were ALWAYS approved.

 

[Gallus_domesticus]

What exactly is a variance? The most recent information I've found was up to 5 hens, but they must be ranged 75 feet from other residences and housed something like 50 feet away (that was my interpretation anyway-the wording was clear as mud). Would a variance allow you to keep them closer to a residence than the general law allows?

 

[ChrisTheChickenMan]

We've also just received a notice from Glendale that we're in violation of 5.212 of the zoning code for our chickens. I will be visiting City Hall today to fight it because the regulation quoted specifically says chickens are permitted, except for males, and they must be kept penned up, no free-ranging allowed.

I'll post the results here.

I don't take "no" too easily...

Chris

 

[Sonoran Silkies]

A variance is a request for an exception to a general rule: such as keeping hens when the general rule is "no." It is also used for such things as building into a setback, exceeding the allowed height, and similar.

Gallus, are you speaking specifically to Tempe or elsewhere (and if so, exactly what does the code say)?

Chris, check out the specific wording of the code they say you are violating as well as that that allows hens. Also check to see exactly what your zoning is.

 

[ChrisTheChickenMan]

The told me I violated Zoning Ordinance 5.212. That ordinance says:

5.212 Livestock.
A. Raising and grazing of livestock, excluding swine, is permitted for a maximum of
one (1) animal per ten thousand (10,000) square feet of open space. The raising of poultry with
the exception of male fowl, is permitted provided they are contained within a fence or cage.
B. All livestock must be contained in a stock type fence and/or corral. Such fence or
corral shall not be permitted closer than one hundred (100) feet from any residence or living
space on an adjacent lot including pool and patio. For corner lots, no such fence or corral shall be
located closer to the side right-of-way line than the principal building.
C. Accessory buildings used specifically for permitted animals, subject to Section
7.300, provided they are located within the area fenced for animals and maintain the same front,
side, and rear yard requirement as provided for the principal building.

We're actually *permitted* to own hens per this code and the inspector has said it *prohibits* owning them. I think he is confused.

We're zoned R1-6, but so are the other neighbors who have chickens, ducks, goats, sheep, horses, etc.

 

[Sonoran Silkies]

I guess one question would be how much land you have.

However, the biggest concern is that the portion of the code you cite is relevant to Suburban Residential zoning districts SR-30, SR-17, SR-12--Suburban Residence, and you are in Single Residential zoning district R1-6, which does not mention poultry as an allowed use. Way early in the zoning code it specifies that if it's not mentioned, it's not allowed. Household pets are allowed. Here is Glendale's definition of Household pets: Household Pets: "Small animals which are customarily kept as household pets or which are generally trainable and readily adaptable to urban residences. Household pets may include small domestic animals as well as other nontraditional pets and exotic animals."

Depending on the number of chickens you have and their purpose, this may qualify.

 

[ChrisTheChickenMan]

Yeah, I noticed the code violation was from a zoning different than mine but I figured I wouldn't offer them any help.

 

[Sonoran Silkies]

If a bunch of your neighbors in your zone have poultry and waterfowl, start a petition to amend the code to allow them in your zone. You may want to consider numbers based upon the amount of land, setbacks, etc, but if it's already a common practice, it seems like it might be easy to get approved. A different alternative is to try to have your zoning changed to one that allows poultry.

 

[ChrisTheChickenMan]

I met with Code Enforcement and Planning yesterday. Of course, nobody wants to budge. I got the contact information for the Administrator of Planning so I can talk to her. I understand they are working to revise this code now. I also contacted my Councilman.

We're going to dig our heels in and fight it.

Chris

 

[Sonoran Silkies]

Check out the ordinances in other Valley cities, and also maybe check on any related complaints (especially lack of complaints).