PROVO — Oliver and Raquel Smith-Callis offer no apologies for their chickens.
Once banned by city ordinance, the couple soon can get a permit and make their three hens legal.
On Tuesday, with a 4-3 vote, the City Council overturned its chicken ban and approved a new ordinance that allows the birds with certain restrictions. The ordinance becomes law next week.
Lots measuring 10,000 square feet can have up to six chickens, down to two chickens on lots as small as 6,000 square feet.
The new ordinance requires they be kept in an enclosed chicken coop no closer than 15 feet from the property line.
While a permit will be required, the fee is expected to be set later after officials determine the costs in enforcing the ordinance.
The ordinance was good news for many residents, who, like the Smith-Callises, already have chickens.
"This is solely for producing eggs," Councilwoman Cynthia Clark, who proposed the ordinance, said. "Urban chickens are in the forefront right now. (Residents) would like to do this. This is not a huge movement, but many cities allow it around Utah and the country."
After a year, the council plans to review the ordinance and see how it has worked. If residents abuse the new ordinance it could be repealed.
"Before we got chickens we went to the zoning department and they told us that that part of the ordinance wasn't enforced unless people complained," Raquel Smith-Callis told the Deseret News. "So we went to all of our neighbors and they were totally fine with it."
Lakeview North Neighborhood Chairman Don Allphin represents a rural area of Provo. Residents there held a "rogue meeting" earlier and most said they favored the new ordinance, he said. But they didn't want any fees to own them.
"I would call it a chicken tax," he said. "I'm not for chicken fees."
The council failed to pass a secondary motion to eliminate the permit and fee, though the majority of folks in the audience asked for no fees.
The ordinance doesn't allow roosters, but one woman said there is a rooster in her neighborhood some residents would like to get rid of if they could find it.
Other residents, particularly in the small-lot areas of central Provo, opposed a city-wide ordinance.
"The ordinance has no business in (residential-commercial) zones," said Kurt Peterson, chair for the South Jaoquin Neighborhood.
That area has too many apartments, he said, suggesting the ordinance exclude those areas.
"Those law firms don't want chickens next to them," he said.
"We have a different demographic downtown," Judy Kelch, neighborhood chair for the Dixon Neighborhood. "People live on small lots. We had chickens (in the neighborhood) and they were trouble."
Some residents won't be able to have them because their lots are too small, Councilwoman Cindy Richards said. The ordinance allows only residents living in single-family homes to have the hens.
While some said that three chickens wouldn't produce enough eggs to be worthwhile, Raquel Smith-Callis said her chickens average three eggs a day, which is more than they can use. So they barter with them with their neighbors.
"I take it as part of my heritage.," she said. "It's just a beautiful thing and I hope you guys allow it."
E-MAIL: rodger@desnews.com