014-22 (ProposedOrdAmendmentChapter165Zoning(BackyardChickens)) w "�e
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Action:
PLANNING COMMISSION July 20, 2022
BOARD OF SUPERVISORS August 10, 2022 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 July 20, 2022 and recoimnended approval of the proposed ordinance; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance
amendment on August 10, 2022; 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
204 Additional Regulations for Specific Uses; §165-204.36. to allow backyard chickens
in the RP (Residential Performance), R4 (Residential Planned Connnunity) and R5
Res. No. 014-22
(Residential Recreational Cornmunity) Zoning Districts
Passed this 10th clay of August 2022 by the following recorded vote.
This resolution was DENIED by the following recorded vote:
Charles S. DeHaven, Jr., Chairman No Blaine P. Dunn No
Shawn L. Graber Aye Judith McCann-Slaughter No
Josh E. Ludwig Aye Robert W. Wells No
J. Douglas McCarthy Aye
A COPY ATTEST
Michael L. Bollhoefer
Frederick County Adm' istrator
Res. No. 014-22
F
COUNTY of FREDERICK
Department of Planning and Development
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 and Chicken Coops
DATE: July 29, 2022
The Board of Supervisors at their June 8, 2022, meeting directed Planning and Development staff
to return to the Board for consideration an ordinance amendment proposal to allow chickens in the
RP (Residential Performance), R4 (Planned Residential Community) and R5 (Residential
Recreation Community) Zoning Districts. The Board of Supervisors previously held a public
hearing on this proposed amendment on January 13, 2021 and did not approve the proposal. A
separate request to consider and ordinance amendment for backyard chickens did not receive
support to from the Development Review and Regulations Committee (DRRC, October 2017) to
go forward for further discussion.
Proposal:
The proposed amendment (as drafted in 2020) 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 through an administrative permit reviewed and approved by the Department of Planning and
Development (and would include a $25 permit fee). Single-family attached lots (townhomes or
duplexes), multi-family buildings, and lots less than 15,000 SF would continue to 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. Additional regulations governing
the proposed use are also proposed requiring the chickens to be kept in an enclosed rear yard,
chicken coops meeting the proposed setback requirements for accessory structures and prohibiting
the sale commercial of meat and eggs (i.e., restricted to personal use only).
Staff would note that homeowners/community association rules and private restrictive covenants
that preclude the keeping of chickens in the above zoning districts for properties would continue
to apply.
Current Ordinance Standard:
The keeping of chickens is only allowed in the County's RA(Rural Areas)Zoning District.
Planning Commission Meeting Summary
The Planning Commission held a public hearing on July 20, 2022. The primary discussion at the
Planning Commission meeting was if the minimum lot size proposed, 15,000 SF (or 0.34-acres),
was appropriate. The Planning Commission discussed if increasing the minimum lot size to 0.50-
acres or 1.0-acres may be more appropriate, to ensure sufficient area for keeping chickens while
also providing a larger buffer area from adjoining lots,roadways, and residences. One(1)member
of the public spoke in favor of the proposed ordinance, stating their property was zoned R5
(Residential Planned Community),was greater than 5-acres in size,but that they are unable to keep
chickens under the current Zoning Ordinance requirement.
The Planning Commission recommended to the Board of Supervisors approval of the proposed
amendment (10-0-2; Commissioners Thomas & Markert absent). The Planning Commission in
making their motion also recommended that the minimum lot size required to keep chickens for
RP, R4, and R5 zoned property be increased to at least 1.0-acre. The Planning Commission stated
that if 1.0-acre lots were the minimum lot size approved, staff revise the supplemental use
regulations to reflect the larger lot size and remove any requirements that may no longer be
necessary, including additional regulation B (minimum lot size) and additional regulation E
(visibility from public/private roadways).
Conclusion and Requested Action:
The attached document shows the proposed changes as drafted by Staff. Staff is seeking action
by the Board of Supervisors on this proposed ordinance amendment.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Potentially Eligible Lots for Chickens by Magisterial District (2022)
3. Resolution
MTK/pd
Draft Revised 9/25/2020
Chapter 165—Zoning Ordinance
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
.$165-204.36. Backyard Chickens; Chicken Coops in RP Zoning District
Backyard chickens and chicken coops located in the RP Residential Performance District shall meet
the following requirements:
A. The keeping of chickens (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
eggs is prohibited.
B. The minimum lot size required for single-family detached residential lots to allow chickens
shall be 15,000 square feet(SF) or greater corresponding to Frederick County Tax Records
and/or a recorded plat. The maximum number of chickens allowed shall be up to six(6)
chickens at any one time. Townhomes, duplexes, multifamily buildings,garden apartments,
and single-family detached lots less than 15,000 square feet(SF) 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 6165-402.09(M). Where a residential lot is adjacent to common areas(open
space), stormwater management facilities, drainage easements, or streams, chicken coops shall
be setback at least 15-feet off the edge of the property lines 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 right-of-way.
F. Areas designated for chickens (i.e., coops and pens)shall be completely enclosed to provide
Protection from predators.No free-range chickens are allowed.
G. All pens 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 properly 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, including a sketch of the property and approximate location of the pen or coop,
shall be submitted to and reviewed by the Department of Planning&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 keening of backyard chickens/chicken
coons and should be carefully reviewed by the Property owner before making an application to the County.
Back Creek Gainesboro Opequon Shawnee Stonewall Red Bud
RP Occupied Lots 485 162 580 1560 537 800
Vacant Lots 59 18 25 92 47 80
R4 Occupied Lots1 1 0 2 2 0
Vacant Lots 0 0 0 2 29 0
Occupied Lots 1 1082 1 472 1 8 1 0 1 0 1 0
Vacant Lots 1759 358 44 0 0 0
*Lots 15,000 SF or greater(0.34-acres)
**Occupied lots have existing residential dwelling present on site
Back Creek Gainesboro Opequon Shawnee Stonewall Red Bud
RP Occupied Lots463 161 308 822 376 443
Vacant Lots57 17 24 75 44 65
R4 Occupied Lots 1 1 0 2 1 0
Vacant Lots 0 10 10 11 128 1 0
RS Occupied Lots969 279 3 0 0 0
Vacant Lots 1525 201 43 0 0 0
*Lots 17,424 SF or greater(0.40-acres)
**Occupied lots have existing residential dwelling present on site
Back Creek Gainesboro Opequon Shawnee Stonewall Red Bud
RP Occupied Lots429 160 129 408 290 238
Vacant Lots49 17 20 63 40 48
R4 Occupied Lots1 1 0 2 0 0
Vacant Lots 0 0 0 1 28 0
7MOccupied Lots 763 154 2 0 0 0
Vacant Lots 568 118 41 0 0 0
*Lots 21,780 SF or greater(0.50-acres)
**Occupied lots have existing residential dwelling present on site
Back Creek Gainesboro Opequon Shawnee Stonewall Red Bud
RP Occupied Lots 193 88 21 63 134 41
Vacant Lots 32 14 16 25 17 25
R4 Occupied Lots 1 1 0 1 0 0
Vacant Lots 0 0 0 1 21 0
R5 Occupied Lots 256 110 2 0 0 0
Vacant Lots 132 86 32 0 0 0
*Lots 43,560 SF or greater(1.00-acre)
**Occupied lots have existing residential dwelling present on site
R5 Subdivisions #ofpotential lots
Lake Holiday 96
Timber Ridge Farms 123
Autumn Hills Estates 49
Lake Frederick 41
Great North Mountain 30
Shawneela nd 887
Mtn Falls/Wilde Acres 380
Shawneeland/Duck Run 32
*0.50 acres
R5 Subdivisions #ofpotential lots
Lake Holiday 14
Timber Ridge Farms 123
Autumn Hills Estates 49
Lake Frederick 31
Great North Mountain 30
Shawneela nd 212
Mtn Falls/Wilde Acres 136
Shawneeland/Duck Run 4
*1.00 acre
RP,R4,&R5 Parcels 0.34 Acres or Larger with Dwellings 127
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