Summary of Proposed Zoning Code Amendments for Small Farm Animals 1. Background: What is the purpose of the UDC?: The purpose of the UDC is to “protect and promote the general health, safety, and welfare of all present and future residents of Tucson.” The UDC creates standards for land uses, including establishing size restrictions for structures, setbacks, and other provisions related to how the land is used. These rules have been in place for many decades. The authority for the City to create these rules lies in the Arizona Constitution; the constitutionality of zoning laws was established by the Supreme Court in 1926. 2. What do I need to know about the UDC to understand the proposed changes for small animals? (A brief primer on zoning): The UDC creates zones within City and identifies uses that can occur in each zone. The UDC recognizes specific land uses in “groups” that are further subdivided by “classes.” Many different uses are permitted in each zone – land use is not limited by the name of the zone. Uses can be “permitted” (the main purpose of the zone), or “accessory” (is a use that is incidental to a principal use). Special exception and temporary uses are also recognized by the UDC, but require special permission. Enforcement of the UDC is done on a complaint basis. 2. What does the UDC currently say about keeping household chickens and other small animals for food purposes? No agricultural uses that include animals are identified as a permitted or accessory uses in urban residential zones or in many of the other zones where people live. However, the current Zoning Administrator allows keeping small animals as an accessory use to a residential use in any zone. The current UDC requires a 50’ setback for coops and shelters (and other types of buildings) in zones where animals are permitted. However, the Zoning Administrator allow ssmall structures like dog houses (not larger than 10 sq ft and 5ft high) at the property line. 4. What other rules apply to keeping small farm animals in Tucson? Rules about animal welfare and safety are found in the Tucson City Code, Chapter 4. These rules include a limit of 24 fowl on any residential property as long as all other rules are followed. The UDC restricts fowl and other farm animals in urban zones. Rules about neighborhood nuisances and sanitation are found in the Tucson City Code, Chapter 16. 5. Why do backyard food producers need new animal rules in the UDC?: There is no guarantee that a future Zoning Administrator will continue to permit these activities. If someone complains about your animals, the law is on their side, not yours. If your shelter is greater than 10 sq ft and 5 ft high, unless you have a 50’ setback you can lose your animals if someone complains. Several people have lost their animals in the past year. 6. Where do the new rules apply?: The new rules will apply in urban areas within the city of Tucson. Zones that already permit animal-related agricultural activity (RX1, SR, SH, RH, MU, IR, C2 or C3) are not included. All other zones are included. 7. What kind of animals are we talking about?: The new code addresses “small farm animals” defined as “animals such as miniature goats, rabbits, rodents, fowl such as chickens, ducks, geese and turkeys, and other similar small food-producing animals.” The rules do not apply to dogs, cats, pigeons, other non- producing fowl, fish, rabbits, rodents and invertebrates such as worms. Keeping small farm animals will be permitted as an accessory use to any permitted residential use in a residential or nonresidential zone. 8. What animals will be prohibited?: Roosters are not permitted under the current rules, and will not be permitted under the new rules either. Un-castrated male miniature goats over 5 months old are not mentioned in the current code, but will be prohibited in the new code. 9. How many animals can I have under the proposed urban agriculture rules? It will depend on the type of animals you have and your lot size. Animals are assigned a unit weight, and the number of units you can have depends on the size of your property. You may have 2 Animal Units for every 1,000 square feet of the size of your lot. To calculate the number of units you can have, divide the square footage of your lot by 1000 and multiply by 2. There is a cap on the number of units you may have. Table 1 shows the weights assigned to various small farm animals. Table 2 shows the caps placed on lots, based on size. Table 1: Assignment of Animal Units Type of Animal Table 2: Animal Unit Caps # Units Chicken Duck Turkey or Goose Lot size (sq.ft.) 1 2 4 <16,000 16,000-143,999 144,000 or more Cap 24 units 36 units 48 units If you have written consent from the adjoining property owners, you may exceed the limits outlined. 10. What will the rules about animal shelters be?: Table 3 shows the rules for both small and large animal shelters. Table 3: Rules for Small and Large Animal Enclosures Small ≤ 6’ high and 16 sq ft in area Placement Setbacks 20 ft from a neighboring residence Height restrictions Area restrictions Construction 6 ft Large >6’ high and and/or >16 sq ft in area Side and back yards only 20 ft from a neighboring residence A distance 2/3 of the height of the pen but at least 6 ft. When the property s 36,000 sq ft or more, the setback must be 50’ from all property lies. None required from property lines that abut an alley or other right of way, or when adjacent to a non-residential use. 12 ft 16 sq ft. None specified Secure, sturdy with a roof to protect animals from predators. If your current shelter is not in compliance, you may receive an exception by: 1. Providing a site plan 2. Proving that your structure was there before the new rules are adopted. You can do this by providing an aerial photo or other proof. 3. There are no enforcement violations related to the structure for the past 5 years submitted by a property owner within 300 ft of your property 4. Your structure meets the safety requirements for animal shelters