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Home My WebLink About058-21 (OrdAmendmentChapter165Zoning(BackyardChickens)) w o� Action: PLANNING COMMISSION: December 17, 2020 Denied BOARD OF SUPERVISORS January 13, 2021 Denied AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING;BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES WHEREAS, an ordinance to amend Chapter 165, Zoning — to allow backyard chickens in the RP (Residential Performance), R4 (Residential Planned Community) and R5 (Residential Recreational Community) Zoning Districts; and WHEREAS, the ordinance amendment would allow up to a maximum of six (6) chickens only on single-family detached lots 15,000 square feet or greater; and WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on December 17, 2020 and recommended denial of the proposed ordinance; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on January 13, 2021; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare and in good zoning practice; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify ARTICLE II — Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Use; Part RES# 058-21 204 Additional Regulations for Specific Uses; §165-204.33. to allow backyard chickens in the RP (Residential Perfon-nance), R4 (Residential Planned Community) and R5 (Residential Recreational Community) Zoning Districts Passed this 13th day of January 2021 by the following recorded vote: The motion to approve this resolution was denied by the following recorded vote: Charles S. DeHaven, Jr., Chainnan No Blaine P. Dunn No Shawn L. Graber Aye Judith McCann-Slaughter No David D. Stegmaier No Robert W. Wells Aye J. Douglas McCarthy Aye A COPY ATTEST Kris C. Ti ey Frederick County Administrator RESP# 058-21 f COUNTY of FREDERICK E Department of Planning and Development ,acres 540/665-5651 Fax: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment—Backyard Chickens in RP District DATE: December 18, 2020 This is a request from a private citizen through their Board of Supervisors representative to allow backyard chickens in the RP (Residential Performance) Zoning District. Presently, the keeping of chickens is only allowed in the County's RA (Rural Areas) Zoning District. The proposed amendment would allow single-family detached(SFD)lots 15,000 square feet (SF, or 0.34-acres) or greater to have up to a maximum of six (6) chickens by-right. Roosters, guinea fowl, turkeys and peacocks would be prohibited by this allowance. Additionally, single-family attached lots (townhomes or duplexes),multi-family buildings,and lots less than 15,000 SF would be prohibited from keeping chickens. This amendment would also apply to lots of 15,000 SF or greater in the R4 (Residential Planned Community) and R5 (Residential Recreational Community) Zoning Districts as they also follow the RP District"Allowed Uses" list. The Development Review and Regulations (DRRC) discussed this item on September 24th. The primary discussion among the Committee was the appropriate minimum lot size and maximum number of chickens allowed. The DRRC generally supported a minimum lot size of 15,000 SF and a maximum of six (6) chickens stating that the use was intended for hobbyist/personal use only for eggs and meat and not for commercial sale of eggs or meat. The DRRC also supported the proposed supplemental use regulations for enclosures, storage of chicken feed, disposal of waste, screening from neighbors/roadways and making a formal application to the County prior to establishing the use. The Planning Commission discussed the proposed ordinance amendment at their regular meeting on October 211t. Comments from the Planning Commission were if the proposed $25 application/permit fee should be a one-time fee (as proposed) or a recurring annual fee to cover the County cost for enforcement;and what outreach,if any, should be made directly to homeowner associations about the change in the use that may impact private covenants. The Board of Supervisors discussed the proposed ordinance amendment at their regular meeting on November 12th. The primary topic of discussion by the Board was whether the proposed amendment should expire (or not) after 1-year from adoption. The Board of Supervisors sent the item, as proposed by Staff, forward for public hearing. The Planning Commission held a public hearing on December 17`i'. One(1) member of the public spoke in support of the proposed ordinance amendment, stating she desired to have chickens on her property for personal/hobby use(eggs). The Planning Commission expressed concern over the number of supplemental use regulations proposed. The Planning Commission recommended denial of the proposed ordinance amendment. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with bold italic for text added). This proposed amendment is being presented to the Board of Supervisors as a public hearing item. A decision by the Board of Supervisors, on this proposed Zoning Ordinance text amendment is sought. Please contact Staff if you have any questions. Attachments: 1.Revised ordinance with additions shown in bold underlined italics. 2. Zoning Ordinance Amendment Cover Letter 3. Resolution MTK/pd Draft Revised 9/25/2020 ARTICLE 11 Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses 5165-204.33. Backyard Chickens, Chicken Coops in RP Zonins;District Back and chickens and chicken coops located in the RP Residential Performa ce District shall meet the following requirements: A. The keeping ofchickens(hens) shall be permitted as an accessory to single-family detached residential uses and shall be permitted for personal use only. The commercial sale of meat or e s is prohibited. B. The minimum lot size required for single-family detached residential lots to allow chickens shall be 15,000 square feet L&F or greater corresponding,to Frederick County Tax Records and/or a recorded plat The maximum number of chickens allowed shall be un to six(6) chickens at any one time. Townhomes duplexes, multifamily buildin s arden apartments, and single-family detached lots less than 15,000 square feet(LF are prohibited from keeping backyard chickens and chicken coops. C. The keeping of roosters, turkeys,guinea fowl, and peacocks is prohibited. D. Chicken coops shall be located to the rear of the residential dwelling and shall meet the setbacks and building permit requirements for accessory structures in the RP zoning district contained in$165-402.09(M). Where a residentiallot is adiacent to common areas (open space), stormwater management facilities, drainage easements, or streams, chicken coops shall be setback at least I5-feet off the edge of the property limes and in no cases shall be located within the limits of any easement. E. Chicken coops are prohibited to-be-located in the front yard setback. Chickens and coops shall not be visible from any public or private road dKht-of-way. F. Areas desi nated for chickens i.e. coops and ens shall be cam letel enclosed to provide Protection from predators.No free-range chickens are allowed G. All mens and coops shall be kept clean and sanitary at all times.Pens and coops shall be cleaned on a regular basis to prevent offensive odor. Chicken waste shall be stored in an enclosed container and nroarly disposed of by the owner. H. Chicken feed shall be stored in an enclosed container in a garage,shed, or residence to discourage pests and predators. L An application, includin a sketch of the roe and goproximate location of the pen or coo shall be submitted to and reviewed by the Department ofHanning&Development prior to the keeping of chickens An application fee of$25 is required for processing. *Note:Private covenants and/or homeowner associations may further restrict the keeping ofbackyard chickens/ehicken coops and should be carefully reviewed by the property owner before making an application to the County. July 24, 2020 County of Frederick Department of Planning and Development 107 North Kent Street Suite 202 Winchester,VA 22601 Dear Mr. Cheran: It has been several years since my initial request to have the ordinance changed in Frederick County RP to allow backyard chickens. Since then both Berryville and Boyce have adopted new changes to their ordinances to allow backyard chickens in residential properties and within city limits. I would like to formally present to the board of supervisors a request to change the current ordinance to allow backyard chickens in the Frederick County area that is currently zoned residential. In the early twentieth century backyard chickens were common across America.They were not just permitted they were encouraged. By the middle of the twentieth century food production had become industrialized.At the same time following WWII,the modern American suburb was born and backyard chickens became less and less. Today,with growing interest in the local food movement and adopting a simpler more sustainable way of life, backyard chickens are back in fashion. The current pandemic situation which has limited access to food and some necessities makes it is even more evident that having our own food available is critical. The benefits of having backyard chickens include but are not limited to: Healthy fresh eggs Great fertilizer for gardening and new plant growth Insect control Educational value Minimize waste by feeding chickens table scraps,avoiding excess waste in our landfills Local self-sustainability food system Revenue to the county Save Heritage breeds Cheap and easy to care for Source of therapy for Autism and elderly with dementia Feeding the hungry Some negative thoughts on backyard chickens include: Purchase of coop can be expensive 1 Smell Noise Daily maintenance I would like to purpose that the ordinance be changed to allow backyard chickens in Frederick County residential areas with the following guidelines: No Roosters(limits noise issue) No free-range chickens allowed Clean well-maintained coop (it takes 6 hens to produce the same amount of waste as one domestic dog) Coop and run must be kept at least 15 feet from other properties Fresh water and food available to the chickens always Initial inspection of coop and living conditions for the chickens(Must provide a fenced in run) Chicken owners would take a one-hour class on how to properly care for chickens(Virginia"tech Agriculture program offers classes) No slaughtering of chickens on property Application for a permit with an annual fee of$40(revenue for the county) If the Board of Supervisors are reluctant to make a final decision regarding this request I would ask for a consideration to approve a PILOT program.A one-year pilot to see if the change would be a positive decision. I request to be the recipient of the pilot. It would allow me to keep my chickens and work with implementing the permit and guidelines outlined in my proposal. I am interested in working with government officials to assist in any way I can so they are not burdened with more work. Please let me know what the next step is in addressing this issue and presenting my case to the board. My contact information: Phone: (540)336-7106 Email:slrr@comcast.net I truly appreciate your attention regarding this matter. Respectfully Submitted, Sherry Riley Resident of Frederick County,VA Opequon District 207 Montgomery Circle Stephens City,VA 22655 2 APR 2 2020 = COUNTY of FREDERICK Board of Supervisors 540/66S4M 5401667-0370 Fax Charles S.DeHaven,Jr.—Chairman Robert W.Wells Gene E.Fisher—Vice Chairman Opequon District Shawnee District Blaine P.Dunn Gary A.Lofton Red Bud District Back Creek District Judith McCann-Slaughter Bili M.Ewing Stonewall District Cainesboro District DATE: APRIL 6, 2020 TO: County of Frederick Department of Planning and Development 107 North stent Street Suite 202 Winchester, Virginia 22601 ATTENTION: Mr. Mark Cheran FROM: Bob Wells, Frederick County Board of Supervisors, Opequon District SUBJECT: "chickens" Frederick County Ordinance 165,101.08 Mr. Cheran: I have recently received an e-mail from Sherry Riley, resident of Frederick County, Opequon District, 207 Montgomery Circle, Stephens City,Virginia 22655 requesting me to notify Planning that she would like to begin the procedure (s) necessary to request that the current ordinance #165.101.08 be changed or amended so that she would be allowed to have chickens at her home located at 207 Montgomery Circle in Stephens City. You may or may not recall but Mrs. Riley was sent a violation notice in 2017 for having chickens. She complied with the notice and had the chickens removed but also presented a written request to have this Ordinance changed so that chickens would be allowed. This request went to planning and to Code and Ordinance and the request was denied. Mrs. Riley is hoping that this time her request will be accepted and implemented. Robert W. Wells, Supervisor, Opequon District 107 North Kent Street•Winchester,Virginia 22601