# question on how to interperet city code

#### sleepy03

##### In the Brooder
8 Years
Animals held for noncommercial purposes are permitted solely in the agricultural, R-1, and R-2 zones and shall be a conditional use in the R-3 zone for all animals except small animals which may include chickens, ducks, geese, pigeons, and rabbits, unless restricted by private development agreements, covenants, or other legally binding contracts. The quantity of animals permitted on a property shall be determined on the basis of 100 animal points per vacant acre (e.g., 0.50 acres x 100 = 50 animal points, 1.45 acres x 100 = 145
animal points).

Vacant acreage on properties with nonagricultural uses is determined by the following: Residential properties shall deduct 0.20 acres (approx. 8,700 square feet) per unit from the total acreage before calculating the animal allowance (e.g., (0.50 acres  0.20 acres) x 100 = 30 animal points; (1.45 acres  0.20 acres) x 100 = 125 points). All other properties shall deduct the exact amount of acreage not being used for animal production before calculating the animal allowance.

Type of Animal

Number of Points per Animal

Pigs - 50
Horses and cattle - 25
Sheep and goats - 10
Chickens, ducks, geese, pigeons, rabbits and other small animals - 5

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so doing the math on my lot size I end up with 18 animal points, when I read this I come to the understanding that having a flock of chickens only uses 5 of my animal points and I could also have some goats.

Am I correct in reading it this way since they used the plural form of chicken in their code?

Last edited:
I read it as saying you can have 3 chickens. The law is kind of a bummer for BYCers.

Number of Points per Animal​

Quote:
This tells me that "each" chicken is worth 5 points. NOT each "flock" of chickens. "Each" pig = 50, "each" horse = 25 or "each" goat 10. Based on this you can have 3 chickens or 3 geese, or 3 ducks, or 3 rabbits or 1 goat.

Or you might consider a move to another area. It might be easier than you think, talk to a realtor. Miracles do happen.

I wish you the best,

Rancher

I'll have to call and ask the city which it is, they way I read it is by animal type (which is implied by pluralization of the animal names by the points) worst thing that can happen is I find out you guys are correct and I end up with an illegal flock like my neighbor who has a smaller lot and 6-8 chickens (from what I can tell)

I cannot understand where the opinion of 3 chickens is coming from. From what you've said, you must have a 1-acre lot. If it is zoned R-3, and you are allowed 100 points, then 18 sounds correct. Only specific small animals are allowed in R-3, and chickens are among them, as long as there are no covenants or other restrictions.

Note the use of "vacant acre" in the language. This likely refers to the area of your lot minus the area your home occupies.

I would double check this with a local official in charge of zoning.

My lot is .38 of an acre which after doing the math ends at 18 points for my lot, so if its 5 points per bird it ends up being 3. Only allowing 3 chickens on a lot just under half an acre doesn't make sense to me, even the run/coop setup I am planning is over sized for the 10-15 chickens that I want.

Number of Points per Animal

Pigs - 50
Horses and cattle - 25
Sheep and goats - 10
Chickens, ducks, geese, pigeons, rabbits and other small animals - 5

why write it as plural if the point system is singular? I emailed the city code enforcement agent and am awaiting a reply, I am expecting him to say the same thing you guys have but I'm hoping he doesn't. Either way I most likely will have the flock that I want

This is my take on it

0.38 acres x 100 = 38 animal points
38/5 = 7
7 small animals

Some one with initiative will need to volunteer to write an ordinance for small animals and present it to the city council. Due to budgeting it will need to be a volunteer to make it happen. I would shoot for 32 small animals/ total acre lot, leaving room for negotiations to move you to 24 small animals/ total acreage. You will also want to include animal owner requirements in the proposal that emphasize that the neighbor issues will be reduced.
Minimum square foot / chicken.
No roosters on lots under 1 acre
Out door run area.

Good luck, I know that I am greatful for the man who paved the way for me to have chickens in my city.
Always Press On

Quote:
This is what I was thinking too.

Sorry I left out the part on how to figure "Vacant Acreage" due to size but have now amended the original post.

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