Clucking Around

Taking a short break from discussing short term rentals, the Saratoga Planning Commission held a brief discussion over a proposed chicken ordinance during their April 9 meeting.

Under current municipal code, it is mostly illegal to own chickens or other domestic fowl on residential lots within town limits. One of the only exceptions, per section 18.42.150© of the municipal code, are undeveloped areas in residential zones which are greater than five acres. This section of the code allows livestock on the property, providing certain requirements are met.

At the March 19 meeting of the Saratoga Town Council, resident Jon Nelson presented a proposed ordinance to the governing body. Nelson told the council that while he didn’t have intentions to raise chickens himself, the intent of the ordinance would be to allow people to be more self-sufficient.

In the language provided to the planning commission, the ordinance would amend Title 6—which pertains to animals in town limits—to allow for a permitting process for chickens on single-family residential lots. As the proposed language currently reads, a chicken permit would be valid for four years and allow a resident to keep up to six hens on their property. Roosters, turkeys, ducks, geese, pigeons, game birds and other domestic fowl would still be illegal to own within town limits.

Other requirements in the proposed ordinance include a “covered, fully enclosed, predator-resistant coop … designed for easy access for cleaning, and shall consist of an enclosed area of at least five square feet per chicken.” The language also requires that hens be enclosed in the coop from dusk until dawn and that, during daylight hours, chickens may be permitted to roam outside the coop but should still have access to the coop.

Commission member Matt Baker was one of the first to voice his opposition to the proposed language. Baker argued that there was no need for an ordinance permitting chickens when one already existed, referring to section 18.42.150(E) of the municipal code. Under this section, a resident may keep livestock and barnyard animals in residential districts providing certain requirements are met. One of those requirements, is that the animals are kept for 4-H or FFA projects and can only be kept from April 1 to September 1.

“The way I read this is that E is the 4-H clause,” said Chairperson McCall Burau. “That you have to be all of these things, one through six, and you get a permit every year and you can only have them from April 1 to September 1 and you have to be a 4-H student.”

“File a variance,” replied Baker.

The seven member commission appeared to be split on the issue of whether or not to allow chickens in single-family residential lots. That resistance, however, didn’t seem to be on anyone opposed to chickens. Rather it appeared to be adding potentially unnecessary code. Those in favor of the proposed language echoed the sentiments expressed by Nelson in the earlier council meeting.

“As was stated in the town council meeting, anything our community can do to support self sufficiency is something that aligns with our community values,” said Burau. “If somebody wants to have chickens and they want to have a garden and they want to grow their own food, I think that’s something I personally support.”

Baker asked if anybody had approached other planning commission members about raising chickens in town.

“I think, right now, people just do it,” said Burau.

“I’m personally not after chickens in my yard, but I know several people who do want chickens. That is a right we should have, if you so choose,” said Commission member JoDell Hone. “I doubt there’s going to be hundreds of people who have a chicken in their yard but bless them if they want to raise their own eggs.”

As discussion continued, it became even more evident the planning commission was split on the issue. Baker, along with citing a path for allowing chickens in residential lots through a variance process, also raised the question as to how the ordinance would be enforced.

According to the proposed language, the coops must be cleaned and maintained “so as not to cause excessive smells or odors, dust or attractive excessive insects or vermin.” Additionally, chicken feed must be stored in airtight metal containers to “discourage attracting mice, rats and other vermin.” Finally, any chickens at large may be taken into possession and euthanized.

“Who is going to enforce them (the code)?” asked Baker.

“Then it’s the neighbor saying ‘Hey police department. That chicken coop stinks or those chickens are running at large,’” replied Burau.

After more than 20 minutes of discussion, it was suggested the planning commission hold a public hearing at their next meeting to gather input from residents.

“If people aren’t lined up to get permission for chickens … I really think the public should say ‘Well, we’ll allow that’ or ‘What are the pros and cons,’” said Commissioner member Johnny Portillo.

A public notice published in the April 18 Saratoga Sun announced the public hearing.

The next meeting of the Saratoga Planning Commission will be at 5:30 p.m. on May 14 at Saratoga Town Hall.