It is being proposed that all residential neighborhoods in Nephi be zoned to allow domestic chickens as long as some restrictions are applied.
Glenn Greenhalgh, city planning commission chairman, said the planning commission had held a public hearing concerning the issue which had been well-attended. The council room had been half full.
“Many of you council members attended our public hearing, so you know that there were many there who would like to have chickens on their property,” said Greenhalgh.
The wording of the new addition to the section of the city farm animals regulations, if adopted by the council, would be as follows:
“The keeping of up to 10 hen chickens (no roosters) is allowed in any residential district with a lot size of at least 8,000 square feet. The keeping of chickens allowed by this provision shall be subject to all regulations concerning the keeping of animals except the requirement concerning the A designation.”
The A designation refers to the allowance of farm animals for family food production, education or recreation is allowed in a residential (R) district which has an (A) indicating limited farm animals overlay on the zoning map.
“There was quite a bit of discussion about the number six requirement in the farm animal regulations,” said Greenhalgh.
That regulation makes it unlawful to construct or establish a barn, stable, coop, pen, corral, or similar enclosure, restraint, or attraction (feeding or watering) excluding property fence lines, within 50-feet of any existing dwelling or curb line.
That not only means that the chickens must be 50-feet away from any neighboring home but also the fowl must be the distance from the home of their owners.
“Some of those in attendance thought that the 50-feet requirement was too restrictive,” Greenhalgh said.
The lots in South Towne subdivision are, generally speaking,8,000 square feet. This change does open up subdivisions to chickens in the backyard.
Kirkland subdivision has lots which range from one-third acre to one-half acre while nearby Sun Ridge subdivision has one-acre lots.
“What would happen if two lots were owned by one person?”asked Mark Jones, mayor.
He wondered if that would make it so that the 50-foot restriction would allow the property owner to have chickens when they would not,otherwise, be able to do so.
Twelve years ago, he said, the city formed a committee that Jeff Banks, county extension agent, had chaired. The city farm animal restriction which that committee recommended and which the city council adopted has served the community well.
However, he said, the planning commission was recommending to the city council that they amend the regulations and allow chickens to be raised on city lots.
“Is there a reason you are recommending that just chickens, not rabbits for example, be allowed?” asked Brent Bowles, council member.
There was, said Greenhalgh. As the commission had looked at other cities and the regulations they had, they found that most kept the addition of animals to just chickens.
For one thing, rabbits multiply quite quickly. For another, cities seem to be careful not to allow too many kinds of animals in residential areas.
The smallest building lot allowed in Nephi is 8,000 square feet and that is why the commission was recommending that size.
Of course, there are those who do not want to be around farm animals, including chickens, Greenhalgh said. Therefore, allowing 10 chickens and not other types of farm animals in residential areas seemed a good compromise.
“Smell can be considered a public nuisance (under the law),” he said. “However, 99.9 percent of people take care of their chickens.”
Justin Seely, council member, reminded council members that one property owner, who wanted to have chickens, would like the council to move quickly to allow that privileged.
“One person had to relocate their chickens and they would like to have them back on their property,” he said.