COUNCIL COMMUNICATION
TO: Honorable Mayor and City Council
FROM: Jeff Thuneman, Development Services Director
SUBJECT:Title
Adopt Ordinance No. 24-1341 Amending Lake Havasu City Code Title 14, Zoning (Development Code), Amending City Code Sections: 14.03.02, Table 3-1, to Add Backyard Fowl as a Permitted Use in Single-Family Residential Districts; 14.03.03, Use-Specific Standards, to Regulate Backyard Fowl; and 14.06.03, Definitions, to Define Fowl (Chris Gilbert)
Body
FUNDING SOURCE:
N/A
PURPOSE:
To adhere to the unfunded mandate from the state to allow for the keeping of backyard fowl. The Arizona Legislature passed legislation in 2024 preventing the City from restricting property owners from keeping backyard fowl. As such, changes to the City Code are required.
BACKGROUND:
The text amendments contained in this request, and attached as tracked changes, are necessary due to a recent change in Arizona State Law:
Amendments to various sections to permit Backyard Fowl on single-family residential properties as mandated by Arizona House Bill 2325: These amendments are now required by Arizona House Bill 2325, which is attached, mandating that fowl be permitted on all single-family residential properties that comply with the bill’s guidelines. These amendments include adding a use table category for Backyard Fowl under Accessory Uses, adding regulations specific to backyard fowl with a new section under Use-Specific Standards, and adding the House Bill’s definition of “Fowl” to the Definitions section of the Development Code. This House Bill is anticipated to take effect on September 14, 2024.
The Planning Commission recommended approval by a 7-0 vote at its June 5, 2024, Regular Meeting.
COMMUNITY IMPACT:
The proposed amendments bring the City into compliance with the unfunded state mandate for the keeping of backyard fowl on specific categories of residential property and establishes specific operational guidelines.
Residents now can house chickens and collect fresh eggs, among other benefits, but there are several concerns. The City anticipates increased neighborhood conflicts and issues with noise and odors. The greatest concern is the exposure to wildlife and predators, including coyotes. The presence of backyard fowl will attract predators to these areas.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Ordinance No. 24-1341
Tracked Changes Development Code Amendments
Arizona House Bill 2325 - Approved by the Governor May 21, 2024
SUGGESTED MOTION:Recommended Action
I move to adopt Ordinance No. 24-1341 amending Lake Havasu City Code Sections: 14.03.02, Table 3-1; 14.03.03; and 14.06.03.