If you buy a lot inside Council city limits hoping to keep a couple of sheep, a horse or a 4-H steer, the deed doesn't settle whether you can. The city's animal code settles it, and it starts by measuring the distance to the homes next door. A barn or pen has to sit at least 150 feet from any other person's residence. If it can't, the only route is a waiver, and the city council can grant one only after every person living within 150 feet signs off in writing.
This August, the waiver process came up in an actual vote. The council's decision on two backyard sheep was close enough that the mayor had to break the tie. A few weeks later the council began talking about rewriting the chapter. For anyone comparing an in-town Council property with acreage outside the city, those two meetings show where the real line falls.
The 150-foot line that decides most town lots
Council's livestock rules are in Title 5, Chapter 3 of the city code, adopted as Ordinance 310 in 1994. Section 5-3A-1 bars keeping horses, cattle, other domestic livestock or wildlife inside the city in any building or enclosure whose edge is less than 150 feet from "the place of residence of any person other than the owner or keeper." Dogs and cats are the only animals exempt.
Section 5-3A-2 adds a size standard of one acre of enclosure "for each head" of livestock, applied to enclosures that also sit less than 150 feet from another person's residence. Animals can't run at large inside city limits, and a violation is treated as a nuisance the city can abate, with reasonable attorney fees charged to the person keeping the animals.
The 150 feet is measured to the neighbor's home, not to the property line. So a large in-town parcel with a house close to its edge can still fall short. A smaller one next to a vacant lot or a commercial use may not.
When the distance falls short, the waiver runs through the neighbors first
The code does allow exceptions. Section 5-3A-5 lets the city council waive the distance and enclosure-size rules "on a case by case basis," but only under this condition:
"when all persons residing within one hundred fifty feet (150') of the building, lot or enclosure where any horses or cattle animals, domestic livestock and wildlife... are kept or grazed shall give written approval, to be filed with the city clerk-treasurer"
That language has two filters, and they run in order. First, every resident inside the 150-foot circle has to agree in writing. The code says "all persons residing," so the count covers the people living in those homes, including people who rent. It isn't limited to the owners of record. Second, after those signatures are filed, the council still decides at its own discretion. One neighbor's refusal ends the request before the council takes it up. A full set of signatures only gets the request in front of the council.
Waivers are granted case by case "as to any premises," so a buyer looking at a town property where animals are already kept will want to know what exactly was approved for that property.
How close the August vote was
The most recent test came at the council's August 11, 2026 meeting. According to The Record Reporter's account, a resident asked for an exception under provision 5-3A-5, "which was granted after much discussion and a split council vote. The mayor voted to break the tie after much deliberation." A September follow-up in The Record Reporter identified the request as two sheep at a home within city limits. It also noted that dogs, cats and chickens are the only animals the code explicitly allows on lots under one acre.
Two sheep is a small request, and it still needed a tiebreaker. So even when a buyer collects every neighbor signature, the council vote is a real second hurdle.
Dogs follow a different rule with a wider radius
Livestock is regulated by distance. Dogs are regulated by count. Under section 5-3B-11, the owner of three or more dogs, "regardless of age," is treated as the operator of a dog kennel. Keeping more than two dogs in one household without a kennel license is unlawful. The one exception is newborn puppies, which can stay until they're three months old.
The license process reaches farther than the livestock waiver does. The application lists the owner, the location and the number of dogs. The city then sends notices to owners of property within 300 feet, and the council decides after the responses come in.
| Animal | Rule inside Council city limits | Who gets a say |
|---|---|---|
| Horses, cattle, sheep, other livestock | Enclosure at least 150 feet from any other residence; closer enclosures also face a one-acre-per-head standard | If the distance can't be met, every resident within 150 feet must approve in writing, then the council decides on a waiver |
| Third dog in a household | Kennel license required | Property owners within 300 feet are notified, then the council decides |
| Chickens | Hens only, no roosters; 12 small farm animals per parcel in all zones | No waiver needed if the rules are met |
The livestock waiver needs signatures from the people living nearby, inside 150 feet. The kennel license notifies property owners out to twice that distance.
Chickens are the one farm animal the code fully spells out
Chickens are the simplest case. Section 5-3A-7 allows hens and prohibits roosters, and caps "small farm animals" at twelve per parcel "in all zones." Birds have to be housed in a roofed, fully enclosed structure with at least two square feet per animal. Feed has to be kept in animal-proof containers or indoors. In residential zones, the coop should be on the side of or behind the house. Outside slaughtering is prohibited.
For a buyer who wants eggs and a garden, an in-town lot works under the code as written. With larger animals, the 150-foot line applies, and so may the neighbors' signatures.
The chapter could change, and the next step is on the council's calendar
The August sheep vote led to a broader discussion. At the September 16 meeting, City Clerk Ashley Scott asked the council to raise the number of dogs that triggers a kennel license from three to four. As The Record Reporter reported, she explained that some two-dog homes temporarily have three while an older dog is still living. Council also discussed livestock in the same chapter, and a public comment urged the city to allow 4-H, FFA and family projects, using Cambridge's code as a model. The council took no action that night. The city attorney was asked to bring back draft language.
Cambridge's code shows what that kind of exemption looks like. It lets livestock under one year old be kept temporarily on pasture under an acre "only for educational purposes, such as 4H, FFA, or youth raising livestock as a family project," from March 1 through August 31. Density caps still apply, and long-term breeding isn't allowed on sub-acre lots. A separate Cambridge provision allows up to 30 days of livestock grazing on small lots for vegetation or fire-hazard reduction, with an application and city approval.
The animal code wasn't on the agenda for Council's October 22 special meeting. That agenda lists the next regular meeting as Wednesday, November 18, 2026. Until the council adopts something, the 1994 livestock language and the three-dog kennel threshold are the rules in effect. The online code's publisher says the official printed copy is the version to rely on, so City Hall is the place to confirm the current text.
Outside town, the requirement is acreage
Outside city limits, the question changes. Adams County's property-splitting guidelines say the county's 2006 zoning ordinance sets a five-acre minimum lot size in the Agriculture, Timber and Grazing zone and in the R-1 and R-2 residential zones. Outside Council and New Meadows, or subdivisions with community water and sewer, building permits can't be issued for lots under five acres.
So the trade-off near Council is specific. An in-town lot is smaller, and livestock depends on the distance to neighboring homes, or on the neighbors' written approval and a council vote. In the county zones those guidelines name, the minimum lot size is five acres. The question for an animal buyer is which of those requirements suits the plan.
Questions to settle before an offer on an in-town lot
If animals are part of the plan, these are the points worth pinning down while a Council property is still under consideration:
- Is the parcel inside Council city limits or out in the county? That determines whether Title 5, Chapter 3 applies at all.
- Where are the nearest neighboring homes, and where could a barn or pen go relative to them?
- If animals are already on the property, was a waiver filed with the city clerk-treasurer, and for which premises and animals?
- How many dogs are coming with you? A third dog brings in the kennel license and the 300-foot notice.
- Did the November 18 meeting, or any later one, change the kennel threshold or add a youth-project exemption?
Everything here is general information about Council's posted code, not legal advice. Confirm your situation with the City of Council and, where needed, an attorney before relying on it.
FAQ
Can I keep chickens inside Council city limits? Yes, hens only. Roosters are prohibited, the code caps small farm animals at twelve per parcel, and the coop has to be fully enclosed with at least two square feet per bird.
Does a waiver granted to a previous owner cover me? The code describes waivers as case by case "as to any premises," based on the written approval of the people living within 150 feet. It doesn't say what happens when ownership changes, so ask the city clerk-treasurer what was filed and what it covers.
When could the animal rules change? The council took up revisions in September and asked the city attorney for draft language. Its next regular meeting is November 18, 2026, and any adopted change would replace the current text.
Pricing a property near Council comes down to where its lines fall: inside or outside city limits, and how close the neighbors' homes are. Nikki Owens can walk a parcel with you and check both before you commit. If you already own acreage around Council and want to know what it's worth to buyers who plan to bring animals, start with a free home valuation.
