to: Roger L. Stancil, Town Manager
from: J.B. Culpepper, Planning Director
Gene Poveromo, Development Manager
Rae Buckley, Housing and Neighborhood Services Senior Planner
subject: Public Hearing: Land Use Management Ordinance Text Amendment – Non-Commercial Keeping of Chickens in Residential Zoning Districts
date: January 21, 2009
Tonight’s public hearing has been called to consider a proposed Land Use Management Ordinance text amendment regarding the non-commercial keeping of chickens in residential zoning districts. We also present an associated amendment to the Code of Ordinances to reduce the number of chickens that can be kept from twenty (20) to ten (10) and to eliminate the keeping of chickens in front yards. We recommend that the Council open the Public Hearing and receive comment regarding the proposed Land Use Management Ordinance text amendment and the proposed amendment to the Code of Ordinances.
On May 17, 2007, the Council received a written petition to amend the Land Use Management Ordinance to permit three (3) or less chickens in low density residential areas (please see Attachment 2).
At its September 24, 2007 meeting, the Council received a staff response to the petition as well as a request from a citizen to expand upon the original petition and broaden the Land Use Management Ordinance to allow any Town resident to keep chickens who could adhere to the 30 foot setback provisions of Section 4-10 of the Code of Ordinances (please see Attachment 3). As part of his testimony, the citizen also expressed concern about the current difference between the Code of Ordinances and the Land Use Management Ordinance regarding the residential keeping of chickens.
The Council voted unanimously to ask the Town Manager to expand the provisions of the Land Use Management Ordinance that would allow the residential keeping of chickens.
Below is an excerpt from the Code of Ordinances and an explanation of the Land Use Management Ordinance regulations related to keeping chickens within the Town’s planning jurisdiction.
The Code of Ordinances allows the keeping of chickens within the corporate limits of the Town, given certain conditions. However, the Land Use Management Ordinance only allows the keeping of chickens (under the use of “Agriculture, Livestock”) in two low-density residential zoning districts.
The Code of Ordinances: Section 4-10 (d), “Keeping certain animals in town” states that chickens are permitted under the following conditions:
(d) Chickens.
(1) No person shall allow his or her chickens to run at large within the corporate limits of the town.
(2) It shall be unlawful for any person to keep more than twenty (20) chickens within the corporate limits of the town.
(3) Chickens must be kept a minimum of thirty (30) feet from the nearest residence other than that of the owner.
(4) All chicken houses and lots must be maintained in a clean and sanitary condition at all times.
(5) It shall be unlawful to raise chickens for commercial purposes within the corporate limits of the town.
The Land Use Management Ordinance: Chickens are classified as poultry in the Land Use Management Ordinance definition of “Agriculture, Livestock.” The definition reads:
“the use of land for the keeping, grazing, feeding, or breeding of livestock including cattle, hogs, sheep, goats, and poultry, and also animal specialties such as horses, breeding of livestock including cattle, hogs, sheep, goats, and poultry, and also animal specialties such as horses, rabbits, bees, and fish and fur-bearing animals in captivity.”
The Use Matrix in Section 3.7 of the Land Use Management Ordinance establishes regulations governing the use of land and structures within the various zoning districts. The use of land for “Agriculture, Livestock” is permitted in the residential Rural Transition District (RT) and as an accessory use in the Residential-Low Density 5 (R-LD5) zoning district. The use of land for “Agriculture, Livestock” is not permitted in any other residential zoning districts.
Communities that allow the residential, non-commercial keeping of chickens include Ann Arbor, MI, Madison, WI, and the North Carolina municipalities of Asheville, Charlotte, Raleigh, Hillsborough, and Carrboro. Communities that have zoning restrictions against the residential, non-commercial keeping of chickens include Durham and Cary, NC. Please see Attachment 4 for a chart that describes the standards for keeping chickens in these communities.
In conducting research and talking to other communities about the residential keeping of chickens, we have identified the following arguments in favor and against the practice:
Arguments in favor of the residential keeping of chickens
Arguments against the residential keeping of chickens
We note that the proposed amendment would allow the residential keeping of chickens according to the Town’s regulations, but that there may be Homeowner Association rules and private covenants that restrict this activity in many existing neighborhoods. The Town would not have a role in private restrictions that may prohibit the keeping of chickens.
We also note that as, “noisy fowl,” the Town Code of Ordinances prohibits the keeping of roosters. The proposed text amendment does not change this regulation and therefore refers only to ‘female chickens.’
The Land Use Management Ordinance currently requires a Zoning Compliance Permit for a change in land use, to make site changes, or to add structures. The proposed text amendment would allow the keeping of chickens as an accessory use, meaning owners of residential property that wanted to keep chickens would be required to apply for a Zoning Compliance Permit to reflect any site changes and the change in use.
The Town Code of Ordinances requires a Building Permit for a structure that is twelve-by-twelve feet or larger in size or that is permanently connected to the property through such means as a concrete pad. Owners of residential property that wanted to keep chickens would be required to apply for a Building Permit if their chicken coop met either of these criteria.
At the December 2 and 16, 2008 meetings, Planning Board members raised the following concerns. A staff response is provided.
Comment: The staff supports the Planning Board proposal to eliminate front yards for the non-commercial keeping of female chickens in residential zoning districts and has incorporated the language proposed by the Board regarding this issue into the proposed Land Use Management Ordinance text amendment.
Comment: The staff has contacted the Greater Chapel Hill Association of Realtors by phone and email regarding the non-commercial keeping of female chickens in residential zoning districts. At this time, the Association has not provided a response.
Comment: The Land Use Management Ordinance currently requires a Zoning Compliance Permit for a change in land use, to make site changes, or to add structures. The proposed text amendment would allow the keeping of chickens as an accessory use, meaning owners of residential property that wanted to keep chickens would be required to apply for a Zoning Compliance Permit to reflect any site changes and the change in use.
We do not recommend an exemption for chickens from the Zoning Compliance Permit requirement for site changes and a change in use. We believe that an exemption for this single purpose could have broader policy implications for regulations that currently govern site changes and changes in use. As stated in the Land Use Management Ordinance, use regulations are based on the established land uses of the Comprehensive Plan and are “provided to minimize conflicts between different types of land use activities while recognizing the community’s need for such activities.”
Presently, the fee for a Zoning Compliance Permit is generally $213.00. However, certain types of Zoning Compliance Permits are labeled as Express Zoning Compliance Permit applications (such as applications for fences and screened-in-porches) with a fee of $107.00. We anticipate that the typical permit that proposes fencing and the construction of a shelter for the keeping of chickens would be considered an Express Zoning Compliance Permit.
Article 4.4 of the Land Use Management Ordinance establishes the intent of Zoning Amendments (including both atlas and text amendments to the Ordinance) by stating that, “In order to establish and maintain sound, stable, and desirable development within the planning jurisdiction of the Town it is intended that this chapter shall not be amended except:
a) to correct a manifest error in the chapter; or
b) because of changed or changing conditions in a particular area or in the jurisdiction generally; or
c) to achieve the purposes of the Comprehensive Plan.
Article 4.4 further indicates:
It is further intended that, if amended, this chapter be amended only as reasonably necessary to the promotion of the public health, safety, or general welfare, and in conformance with the Comprehensive Plan.
a) An amendment to the Land Use Management Ordinance (text amendment) is necessary to correct a manifest error in the chapter.
Staff Comment: We believe the information in the record to date can be summarized as follows:
b) An amendment to the Land Use Management Ordinance (text amendment) is necessary because of changed or changing conditions in a particular area or in the jurisdiction generally.
Staff Comment: We believe the information in the record thus far can be summarized as follows:
c) An amendment to the Land Use Management Ordinance (text amendment) is justified to achieve the purposes of the Comprehensive Plan.
Staff Comment: We believe the information in the record thus far can be summarized as follows:
The proposed text amendment would modify the regulations in the Land Use Management Ordinance Use Matrix to be consistent with the proposed regulations for the keeping of chickens in the Code of Ordinances. The proposed text amendment includes the following:
A new land use in Section 3.7 Use Regulations, Table 3.7-1: Use Matrix entitled, “Agriculture, Female Chickens.” The Code of Ordinances does not allow roosters or other animals such as geese and ducks that are classified as “noisy fowl.” The proposed text amendment does not change this regulation and therefore refers only to ‘female chickens.’
In all zones except OI-3, OI-4, and MH: For all purposes except existing Public Elementary and Secondary Schools. Permitted as a Principal Use if floor area of proposed development is less than 20,000 square feet and area of disturbed land is less than 40,000 square feet; otherwise permitted as a special use. For existing Public Elementary and Secondary Schools, “P” indicates permitted as a Principal Use.
The proposed text amendment would allow the use of land for “Agriculture, Female Chickens” as an Accessory use in all of the residential zoning districts.
We present both additions to the Land Use Management Ordinance below. Text additions are identified with an underline.
1. Section 3.7 Use Regulations, Table 3.7-1: Use Matrix:
“Table 3.7-1: Use Matrix
|
|
Use Group |
R-LD5 |
RT |
R-LD1 |
R-1A |
R-1 |
R-2 |
R-2A |
R-3 |
R-4 |
R-5 |
R-6 |
R-SS-C |
TC-1, TC-2, TC-3 |
CC |
NC |
OI-1 |
OI-2 |
OI-3 |
OI-4 |
I |
MH |
H |
SC(N) |
SCI |
OI |
MU |
I |
|
Agriculture, Female Chickens |
A |
A |
A |
A |
A |
A |
A |
A |
A |
A |
A |
A |
A |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
A |
-- |
-- |
-- |
-- |
-- |
--“ |
2. Appendix A. Definitions
“APPENDIX A - DEFINITIONS
Agriculture, female chicken: The use of land for the keeping of female chickens in accordance with the following regulations:
(1) No person shall allow his or her female chickens to run at large within the corporate limits of the town.
(2) It shall be unlawful for any person to keep more than ten (10) female chickens within the corporate limits of the town.
(3) Female chickens must be kept a minimum of thirty (30) feet from the nearest residence other than that of the owner and may not be kept between the street and the street facing walls of a residence.
(4) All female chicken houses and lots must be maintained in a clean and sanitary condition at all times.
(5) It shall be unlawful to raise female chickens for commercial purposes within the corporate limits of the town.
Agriculture, non-livestock: The use of land for the production of cash grains, field crops, vegetables, fruits, and nuts, and for horticulture and floriculture.
Agriculture, livestock: The use of land for the keeping, grazing, feeding, or breeding of livestock, including cattle, hogs, sheep, goats, and poultry (excluding female chickens), and also animal specialties such as horses, breeding of livestock, including cattle, hogs, sheep, goats, and poultry, and also animal specialties such as horses, rabbits, bees, and fish and fur-bearing animals in captivity.”
PROPOSED CODE OF ORDINANCES AMENDMENT
We recommend an amendment to the Code of Ordinances to reduce the number of chickens that are allowed to be kept from twenty (20) to ten (10) and to eliminate front yards for the keeping of chickens, based on language proposed by the Planning Board.
FISCAL NOTE
We believe that this change in regulations will have a fiscal impact. Because the Land Use Management Ordinance requires a permit for a change in use, or to make site changes such as to add structures, we anticipate additional demands on Town staff. This time would be off-set with an application fee. Furthermore, we anticipate enforcement issues based on our discussion with other jurisdictions.
Planning Board Recommendation: The Planning Board reviewed the proposed text amendment on December 2 and 16, 2008, and recommended that the Council enact the attached Ordinance. Please refer to the Attachment 5 for the Summary of Planning Board Action.
Staff Preliminary Recommendation: That the Council open the Public Hearing to receive comment on the proposal to enact the Ordinance to amend the Land Use Management Ordinance to allow the use of land for the non-commercial keeping of female chickens in residential zoning districts.