DRRCAgenda2025March271.Election of DRRC Chairman and Vice-Chairman
2.Zoning Ordinance Text Amendment Proposals
2.A.Backyard Chickens
This is a proposal to amend the Chapter 165 - Zoning Ordinance to add a definition
(§165-101.02) for chicken coops, add additional regulations for specific uses (§165-
204) for backyard chickens and chicken coops, and add backyard chickens and chicken
coops to the permitted uses list in the RP (Residential Performance), R4 (Residential
Planned Community), and R5 (Residential Recreational Community) Zoning Districts.
This proposed amendment was initiated at the request of a member of the Board of
Supervisors.
AGENDA
DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE
THURSDAY, MARCH 27, 2025
4:00 PM
FIRST-FLOOR CONFERENCE ROOM
107 NORTH KENT STREET, WINCHESTER VA 22601
DRRC03-27-25OA_BackyardChickens.pdf
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: March 27, 2025
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Backyard Chickens
Attachments:
DRRC03-27-25OA_BackyardChickens.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
MEMORANDUM
TO: Development Review and Regulations Committee (DRRC)
FROM: Kayla Peloquin, AICP, Planner II
RE: Ordinance Amendment – Backyard Chickens
DATE: March 18, 2025
Proposal:
Ordinance amendments to allow backyard chickens in residential districts have been considered and denied
by the Board of Supervisors in 2018, 2020, and 2022. This proposed ordinance amendment to allow
backyard chickens accessory to any single-family detached residence in the Residential Performance (RP),
Residential Planned Community (R4), and Residential Recreational Community (R5) Zoning Districts was
initiated at the request of a Board member.
Even if the County adopted an ordinance on backyard chickens, all properties would still be subject to
private covenants and deed restrictions, including HOA regulations, which are not enforced by the County.
Previous discussions of chicken ordinances contemplated whether an administrative permit should be
required, minimum lot sizes, maximum number of chickens, restrictions on other species, screening and
location of the coops, and limitations on types of dwellings.
Staff researched backyard chicken ordinances in other localities in the valley and throughout Virginia.
Roughly half of the localities researched required a permit and roughly half did not. Those that require
permits typically do not have high levels of participation and the vast majority of complaints regarding
chickens were for properties that did not have a permit.
Current Standard:
Backyard chickens are not permitted in any suburban residential zoning districts. Chickens are permitted in
the RA (Rural Areas) Zoning District (§165-401.02) under “Agriculture, farming, dairies, animal
husbandry, and forestry” and are not subject to additional zoning regulations other than setbacks for
accessory structures.
Summary & Requested Action:
The Board of Supervisors discussed this item on February 26, 2025, and recommended staff add
clarification to the regulation stating chicken waste must be properly disposed of. The Board sent the draft
ordinance forward to DRRC for discussion and authorized subsequent public hearings at the Planning
Commission and Board of Supervisors. Staff is seeking input on the draft from DRRC.
Attachments:
1. Draft Ordinance
2. Code Comparison Research (Summarized)
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Draft Revised 3/18/2025
Chapter 165 – Zoning Ordinance
ARTICLE I
General Provisions; Amendments; And Conditional Use Permits
Part 101
General Provisions
§165-101.02. Definitions and Word Usage
Chicken Coop
A fully enclosed and covered structure, permanent or transportable, that provides a living area
for chickens with adequate protection from the elements and predators. Chicken coops may
include an outdoor running space (pen).
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§165-204.42 Backyard Chickens and Chicken Coops.
Backyard chickens and coops located in the RP (Residential Performance), R4 (Residential
Planned Community), and R5 (Residential Recreational Community) Zoning Districts shall meet
the following requirements:
A. Roosters and other species of fowl are prohibited.
B. Chickens shall be permitted accessory to single-family detached residences only. A
maximum of 6 chickens (hens only) shall be permitted with one single-family detached
residence.
C. Chicken coops and pens shall meet the setbacks for accessory structures in the RP
(Residential Performance) Zoning District contained in §165-402.09(M).
D. Chickens shall not run at large in accordance with §48-26 (Animals and Fowl Running at
Large).
E. Chicken waste shall be stored in an enclosed container and properly disposed of by
composting or other means to not create a nuisance.
F. Chicken feed shall be stored in an enclosed, vermin proof container.
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Draft Revised 3/18/2025
ARTICLE IV
Agricultural and Residential Districts
Part 402
RP Residential Performance District
§165-402.02 Permitted uses
A. All uses shall be developed in accordance with an approved master development plan
unless otherwise waived under Article VIII of this chapter.
B. Structures and land shall be used for one of the following uses:
1. All residential housing types specified in §165-402.09.
2. Schools.
3. Fire stations and companies and rescue squads.
4. Group homes.
5. Home occupations.
6. Public utilities excluding energy-generating facilities.
7. Accessory uses and structures. Accessory structures attached to the main structure
shall be considered part of the main structure. Mobile homes and trailers, as defined,
shall not be permitted as accessory structures or buildings.
8. Required or bonus recreational facilities, public or private parks, neighborhood parks,
playgrounds, or other noncommercial recreational facilities.
9. Business signs associated with schools, churches, fire stations and companies and
rescue squads, recreational facilities, public parks, playgrounds, and libraries.
10. Temporary model homes used for sale of properties in a residential development.
11. Libraries.
12. Public buildings.
13. (Reserved) Editor's Note: Former Subsection B(13), Residential subdivision
identification signs, was repealed 5-10-2023.
14. (Reserved) Editor's Note: Former Subsection B(14), Signs allowed in § 165-201.06B,
was repealed 5-10-2023.
15. Temporary family health care structure. (NOTE: By adding temporary family health
care structure as a permitted use in the RP District, it is also automatically a permitted
use in the R4 and R5 Districts.)
16. Short-term lodging.
17. Churches and places of worship.
18. Backyard chickens and chicken coops.
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Code Comparison Research – Chickens
These regulations only apply to suburban/residential zoning districts, not agricultural areas
1 acre = 43,560 SF
Jurisdiction
(Population)
Permit Required? Minimum Lot
Size
Quantity Species Chicken Coop Screening &
Location
Dwelling
Types
Clarke County
(population
~15,000)
Not permitted in rural
residential district or
neighborhood commercial.
Warren County
(population
~41,000)
Administrative permit ($25
fee) may have conditions of
approval. Renters must
have written permission
from property owner or
management company to
have chickens.
Permit application must
have Poultry Management
Plan.
Acreage Max # Depends on lot
size. Maximum of
24 for properties
> 2 acres
Domestic,
female hens
only.
Roosters,
guinea fowl,
turkeys,
ducks, and
peacocks are
prohibited.
No free roaming.
Coop or pen must be in the side
or rear yard. Chickens must be
kept in a stationary pen or
portable chicken coop. Coop &
pens minimum of 20’ from the
dwelling, 25’ from adjacent
property lines, 30’ from private
wells, storm water drainage
areas, or perennial streams and
springs.
Single-
family
detached
(SFD)
Less
than ½
acre
6
½ acre
to 2
acres
12
More
than 2
acres
24
Shenandoah
County
(population
~45,000)
No permit Acreage Max # Maximum of 24
depending on lot
size.
1 rooster at a
time.
No guinea
fowl, turkeys,
geese, or
peacocks
No free roaming. Must be in
stationary or portable pen,
coop, or fencing. Must be in rear
yard, 20’ from all property lines,
30’ from private wells & springs.
Setback may be reduced to
between 5’ and 20’ with
notarized authorization
adjacent property owner. No
on-site slaughtering.
SFD
Less
than 2
acres
12
More
than 2
acres
24
6
2
City of
Winchester
(population
~28,000)
Administrative permit ($25
fee). Must have sketch
showing where the
chickens will be
housed/types and sizes of
pens/dimensions and
setbacks). Must provide
verification of completion of
VA livestock premises
registration with VDACS. If a
violation found, the permit
is revoked for 1 year.
2 acre minimum
lot size
Maximum of 6
No roosters No free roaming. Must be
securely fenced. Pens must be
in rear yard 25’ from any
residential structure, 10’ from
residence on lot, 20’ from
streams, tributaries, or storm
drainage, 10’ from all property
lines. Pens must be neat &
sanitary, cleaned regularly to
prevent odors. Chicken hens
must always be enclosed &
covered, secure, in a movable
or stationary pen w/ minimum
of 4 SF/bird . No slaughtering or
commercial uses (selling eggs
or meat).
SFD
Fairfax County
(population ~1.1
million)
No permit.
BZA may approve special
use permit ($550 fee) to
modify the use standards,
but cannot allow for
roosters.
2 acre minimum
lot size
1 “bird unit” per
acre allowed.
Foul 2 months
and older count.
1 “bird unit” = 32
chickens, 16
ducks, 8 turkeys,
8 geese, or 2
ostriches or
emus.
No roosters Structures used for confining or
sheltering poultry must be 50’
from all lot lines.
Any
dwelling
Page County
(population
~24,000)
No permit Acreage Animal
units
1 “animal unit” =
16 small poultry
(chickens/ducks),
18 medium
poultry
(turkeys/geese),
or 3 large poultry
(ostrich/emu)
No
restrictions
Vegetative cover must not be
overgrazed or otherwise
disturbed to cause erosion.
Animal waste must be properly
managed.
Any
dwelling
Less
than 6
acres
0.5
animal
units
7
3
More
than 6
acres
1
animal
unit per
acre
Spotsylvania
County
(population
~147,000)
Administrative permit ($25
fee).
2 hens for lots
less than 5,000
SF, then 1
additional hen
allowed for each
additional 2,500
SF of lot area, not
to exceed 6.
Maximum of 6
depending on lot
size.
No roosters Domestic laying hens may be
slaughtered on site for personal
consumption.
SFD or TH
Roanoke County
(population
~97,000)
Administrative permit (no
fee).
Acreage Max # Maximum of 12
depending on lot
size.
No roosters,
capons, or
crowing hens
No free roaming. Coops and
chicken enclosures set back 10’
from side and rear lines (not in
front setback) and 35’ from any
residential dwelling on adjacent
lot. Coops must have 2 SF of
interior space per chicken and
10 SF of exterior space per
chicken. Coops must be clean
and sanitary at all times. Waste
shall be properly stored and
removed.
SFD
Less
than
20,000
SF (0.46
acres)
6
20,001
SF to 1
acre
9
More
than 1
acre
12
Chesterfield
County
(population
~380,000)
No permit Only permitted in
R-88 Zoning
District, which
has a minimum
lot size of 88,000
SF (2.02 acres)
Maximum of 6 No roosters Chickens must always be kept
in single building (10 – 20 SF)
with attached outdoor run (8 SF
per chicken, 56 SF max total).
Outside area securely enclosed.
Building & runs in rear yard and
setback 25’ from all property
lines. Must properly dispose of
waste and eliminate odors. No
slaughtering.
SFD
8
4
Hanover County
(population
~113,000)
No permit 0.33 acres Maximum of 6 No roosters All chickens shall be kept in an
enclosure/coop in the rear,
setback 15’ from side and rear
property lines. Area must be
kept clean, waste disposed of
properly.
SFD
Bedford County
(population
~81,000)
Administrative permit (no
fee).
Acreage Max # Maximum of 18
depending on lot
size.
No roosters No free roaming. All chickens
shall be kept in a securely
enclosed coop and fenced area.
Must be in the rear yard and
setback 15’ from all property
lines.
SFD
Less
than
10,000
SF
6
10,000 -
21,779
SF
9
21,780
–
43,559
SF
14
More
than 1
acre
18
Northumberland
County
(population
~12,300)
Administrative permit.
Applicants not meeting the
conditions can go to BOS
for CUP
2 acres Up to 12
chickens per 2
acres
No roosters Chickens must be fenced in and
protected from predators.
Coops must be set back 25’
from all property lines. Fencing
must be set back 10’ from all
property lines.
SFD
King George
County
(population
~28,000)
Administrative permit ($25
fee). Must include sketch.
25,000 SF (0.57
acres)
Maximum of 6 No roosters No commercial uses.
Enclosures/runs/coops must be
in rear, 10’ setback from other
property lines, 35’ setback from
other dwellings. Chickens shall
be kept within a covered
enclosure or fenced area.
Coops must have at least 3 SF
SFD
9
5
per chicken and runs shall
provide at least 10 SF per
chicken.
Campbell
County
(population
~55,000)
No permit None Maximum of 10 No roosters Chickens must be in rear yard,
inside a fenced enclosure (must
include a coop) at least 10’ from
property lines. Dead chickens
and waste must be kept off
adjoining properties and out of
drainage systems.
Any
dwelling
Isle of Wight
County
(population
~40,000)
Administrative waiver None Maximum of 6 No roosters Chickens must have wings
clipped. No free ranging unless
supervised. No commercial
uses (selling eggs or meat).
Structures must be in rear, kept
neat and sanitary at all times.
SFD
10
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Follow Ups – Level of participation? Enforcement challenges? Complaints?
Warren County:
• Permit program is going well overall, don’t get a really high volume of applications per year
• Most permit applications prompted from violation (usually for a rooster); not many complaints on those with permit
• Permits approved by Zoning Administrator or Planning Director
Spotsylvania County:
• Have had ordinance since 2013, have around 200 chicken permits total
• When ordinance was enacted, they put a blurb on utility bills & website to increase awareness
• Majority of complaints are on properties without permits
• Haven’t had many issues except that some hens crow and Animal Control has confirmed it is not a rooster
• Work with Animal Control on free roaming issues
Roanoke County:
• Adopted amendment in 2015, initially received a lot of calls but number has declined considerably
• Issue about 1-2 chicken permits a month; only complaint based
• Animal Control is enforcement authority, complaints go to zoning
• If they could do it over again, they would add a fee to the permit and also add language to address when activity ceases on the property
(abandoned coops and enclosures are cited as trash)
Chesterfield County:
• No permit. Not many complaints
Bedford County:
• 12 chicken permits so far this year
• Recently amended ordinance to allow smaller lots and corner lots
• 5 out of 6 complaints this year were for unpermitted chickens (1 complaint on person with a permit but had chickens running at large)
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Sources
Frederick County:
https://ecode360.com/8707728
Clarke County:
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.clarkecounty.gov/home/showpublisheddocument/9949/638083363741900000
Warren County:
https://warrencountyva.gov/663/Backyard-Chickens#:~:text=Overview,for%20non%2Dcommercial%20purposes%20only.
Shenandoah County:
https://ecode360.com/9741924#35278404
City of Winchester:
chrome-
extension://efaidnbmnnnibpcajpcglclefindmkaj/https://winchesterva.civicweb.net/document/19888/Chicken%20Ordinance.pdf?handle=85825060BA1
B47BAA35D79C13F60CCFE#:~:text=(b)%20It%20shall%20be%20unlawful,the%20next%20higher%20whole%20unit.
Fairfax County:
https://online.encodeplus.com/regs/fairfaxcounty-va/doc -
viewer.aspx?secid=880&keywords=chicken%27s%2Cchickened%2Cchickening%2Cchickens%2Cchickens%27%2Cchicken#secid-880
Page County:
https://ecode360.com/38696266#38696266
Spotsylvania County:
https://library.municode.com/va/spotsylvania_county/codes/code_of_ordinances?nodeId=COCO_CH23ZO_ART5GEDEST_DIV3ACUS_S23-
5.3.2DESTUSLI
Roanoke County:
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.roanokecountyva.gov/DocumentCenter/View/9243/Zoning-Permit-for-Residential-
Chickens-Checklist?bidId=
12
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Chesterfield County:
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.chesterfield.gov/DocumentCenter/View/6069/Chapter-19---Zoning-Ordinance-
PDF?bidId=
Hanover County:
https://library.municode.com/va/hanover_county/codes/code_of_ordinances?nodeId=COCO_CH26ZOOR_ART3DIRE_DIV4RSSIMIREDI_S26-62LOARRE
Bedford County:
chrome-
extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.bedfordcountyva.gov/home/showpublisheddocument/10791/638469944415830000
Northumberland County:
https://ecode360.com/7760661#7760737
Campbell County:
https://www.co.campbell.va.us/172/Chickens#:~:text=You%20may%20have%20a%20maximum,and%20out%20of%20drainage%20systems.
Isle of Wight County:
https://www.co.isle-of-
wight.va.us/our_services/permits/frequently_asked_questions.php#:~:text=The%20maximum%20number%20of%20chickens,poultry%20or%20fowl%2
0are%20prohibited.
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