PC Meeting Date: April 21, 2016 Ordinance Amendment Report ORDINANCE 16-02, Chickens in Residential Districts Board of Supervisors with a recommendation of APPROVAL. R-I, R-2. and R-3 residential zoning districts, Staff recommends Ordinance 16-02 be forwarded to the Should the Planning Commission determine that the keeping of chickens is an appropriate use in the RS, Staffs Recommendation hold a public hearing on Ordinance Amendment 16-02, Chickens in Residential Districts. At their meeting of March 9,2016, the Board of Supervisors authorized the Planning Commission to Board Authorization R-3. Single-Family Residential District under certain specified conditions. (PUBLIC HEARING) contrary, it shall be permissible to maintain up to six (6) chickens in the RS. Single-Family Residential District, the R-I. Single-Family Residential District, the R-2. Single-Family Residential District, and the of a Section Numbered 26-298.1 to provide that, notwithstanding any other district regulations to the AN ORDINANCE to amend the Hanover County Code, Chapter 26, Zoning Ordinance, by the addition Executive Summary C C
The keeping of no more than six (6) female (hen) chickens in the rear yard of single family detached lots would be permitted in the RS, R-1. R-2, and R-3 residential zoning districts subject to the following: rural planning area. Although suburban residential zoning is mainly confined to the SSA. the SSA does contain numerous A-I zoned property. upon which agricultural activities may occur. Therefore. 20 percent of Hanover s land area, and the remainder of the County which is often referred to as the Hanover County is comprised of both the Suburban Service Area (SSA) which includes approximately This ordinance, if adopted, has many potential implications. Chickens, as currently defined in the Hanover County Zoning Ordinance, are considered livestock. The ordinance does not permit the keeping zoning districts. In the case of the RC districts, the keeping of livestock is permitted only on the preservation lot. of livestock in residential zoning districts. Livestock are permitted to be kept in the A-I, AR-6, and RC Analysis Community Development Committee discussed the proposed ordinance in detail and modified the draft ordinance to reduce the minimum lot size from 0.5 acres to 0.33 acres. Subsequently. the Board of Supervisors authorized Ordinance 16-02 to move through the public hearing process on March 9,2016. On January 29.2016. Staff presented a draft ordinance to the Community Development Committee. The Review of Ordinance 16-02 districts, nor would it be permitted in the R-6 residential mobile home district. The keeping of chickens would not be a permitted use within the RM, R-4. and R-5 multi-family zoning The property owner shall employ a means of eliminating odor and the propagation of material waste on a regular and routine basis, and all waste shall be disposed of in a legal and responsible manner; insects related to the use. be noted that this would permit the keeping of chickens in what was formerly identified as o Contain a coop or chicken house o The enclosure shall be enclosed on the top and sides with wire mesh or similar o Be located no closer than 15 feet to the side or rear property line The minimum area of the lot shall be 0.33 acres; No male chickens (roosters) would be permitted; The chickens shall be tagged to identify the owner; All chickens would have to be kept within an enclosure located in the rear yard. It should the side yard; The enclosure shall: Areas used for the keeping of chickens would be required to be cleaned and made free of Slaughtering of chickens would be permitted; Sum ma rv
significant opportunities to do so. recommendation to the Board of Supervisors include the following: Staff believes the issues to be considered by the Planning Commission in formulating its the County provides property owners interested in pursuing agricultural activities involving livestock more than 80 percent of the County is zoned A-i, Agricultural. The extent of A-i zoning throughout E Blackline of Existing Ordinance Attachments Heretofore, it is highly probable many residents within the SSA chose a suburban lifestyle for the individual properties where chickens are kept. But these benefits must be weighed against not only the practical implications enumerated above, but also with broader community expectations. convenience of services and for the suburban aesthetic. Introducing livestock, in the form of chickens. among neighbors. Staff recognizes the benefits arising from locally grown food, the ability to instruct children in keeping of animals for food production, and the potential micro-environmental benefits to into established suburban residential communities has the potential to increase tension and acrimony chicken is often 10-12 years. Although the ordinance would permit the slaughtering of a chicken on residentially zoned property, it is possible that owners of non-producing chickens may attempt to relinquish the chicken to the animal shelter, or simply release it into the wild. Another consideration is the disposition. or disposal of, chickens that are beyond their ability to lay eggs. owner. Additionally. Planning does not have the expertise or resources to ensure appropriate animal setbacks and the number of chickens being kept, Planning is not equipped and does not have the Although Planning will be responsible for enforcing elements of the ordinance such as investigating resources to capture chickens that may have escaped or that have been intentionally set loose by the welfare measures are being undertaken by the property owner. Impacts upon staff resources including Planning and Public Safety to enforce violations of the A chicken will typically produce eggs for a period of two to four years. However, the lifespan of the proposed ordinance; populated suburban residential areas will attract vermin and pests such as snakes. opossums. raccoons, skunks, foxes, and insects; ordinance. identifying the benefits to the public, health, safety, and general welfare accruing from the impacts arising from the likelihood that keeping chickens in more densely developed and Nuisances and conflicts arising between neighbors as a result of the keeping of chickens; implications of attacks by domestic pets, specifically dogs or cats on neighbors chickens; and C C
0 0 ORDINANCE 16-02 AN ORDINANCE TO AMEND THE HANOVER COUNTY CODE, CHAPTER 26, ZONING ORDINANCE, BY THE ADDITION OF A SECTION NUMBERED 26-298.1 TO PROVIDE THAT, NOTWITHSTANDING ANY OTHER DISTRICT REGULATIONS TO THE CONTRARY, IT SHALL BE PERMISSIBLE TO MAINTAIN UP TO SIXFOUR (64) CHICKENS IN THE RS SINGLE FAMILY RESIDENTIAL DISTRICT, THE R-1 SINGLE FAMILY RESIDENTIAL DISTRICT, THE R-2 SINGLE FAMILY RESIDENTIAL DISTRICT, AND THE R- 3 SINGLE FAMILY RESIDENTIAL DISTRICT UNDER CERTAIN SPECIFIED CONDITIONS. WHEREAS there has been increasing discussion in Hanover County and localities throughout Virginia and the United States regarding ways to increase the availability and use of locally sourced food and food sources; and WHEREAS one of the areas that has been examined is the availability of chicken eggs and the appropriate regulations concerning the keeping and raising of hens; and WHEREAS localities throughout Virginia, including localities in central Virginia, have examined their zoning regulations to determine how raising and maintaining chickens on residential properties can be accomplished without significant adverse effects to neighboring properties and the community at large; and WHEREAS the Board of Supervisors has requested that Planning Department staff review the regulations that have been adopted by other localities and propose appropriate regulations for the raising and keeping of chickens on residential properties located within the Suburban Service Area as shown on the Hanover County Comprehensive Plan; and WHEREAS Planning Department staff has determined that, in order for the raising and keeping of chickens to be consistent with the intent of the regulations applicable to the single family residential districts in the County, certain requirements must be made in order to allow the keeping of chickens to be in harmony with single family residential use; and WHEREAS the Board has determined that these proposed changes are consistent with the intent of the zoning regulations for the RS Single Family Residential District, the R-l Single Family Residential District, the R-2 Single Family Residential District, and the R-3 Single Family Residential District; and
0 0 WHEREAS the Board of Supervisors finds that the public necessity, convenience, general welfare and good zoning practice require that the Zoning Ordinance be amended in accordance with these findings; County: NOW. THEREFORE. BE IT ORDMNED by the Board of Supervisors of Hanover 1. That the Hanover County Code, Zoning Ordinance, is amended by the addition of a new section numbered Section 26-298.1, Keeping of chickens in residential districts, which shall read as follows: Section 26-298.1. Keeping of chickens in residential districts. Notwithstanding any district regulations to the contrary. the keeping of chickens on lots with single-family detached homes within the RS. R-1. R-2. and R-3 districts shall be permitted as an accessory use so long as the following conditions are satisfied: I The minimum lot size of the property shall be one-third (0.33) acre. 2. There shall no more than six (6) female chickens (hens) kept on the property. No male chickens (roosters) are permitted. 3. All chickens shall be tagged by the owner for identification purposes. 4. All chickens shall be kept within an enclosure on the property. This enclosure shall: a. contain a coop to house the chickens: b. be enclosed on the top and sides with a wire mesh or similar material: c. be constructed entirely within the rear yard of the property; and d. be a minimum of fifteen (15) feet from all side and rear lot lines. 5. All areas associated with the keeping of chickens shall be cleaned and made free of waste on a regular basis. Waste associated with the use shall be disposed of in an appropriate waste disposal container that is peodical1y removed from the site. 6. Thc property owner shall employ a means of eliminating an odor problems and propa!zation of insects related to the use. 2. This ordinance shall be effective on the date of adoption. 2