Domestic Fowl Overlay District Expansion
This is a Zoning Text Amendment to expand the area where you can keep domestic fowl on less than 10 acres, mostly in the mid-county area. Link to more information (click on Hoadly Road and Bacon Race Road Additions to see the expansion area): https://www.pwcgov.org/government/dept/planning/zoning/Pages/Domestic-Fowl-Overlay-District-Recommendations.aspx
Current text:
Sec. 32-508.06. - General regulations and development standards.
1. The keeping of chickens, pigeons, doves, and other domestic fowl shall be permitted by right on any A-1 zoned property of a minimum size of one acre and by Special Use Permit on any SR-1, SR-3 or SR-5 zoned property of a minimum size of one acre where the restrictions set forth in subsections 2. through 7. below can be maintained. The maximum number of fowl permitted shall be proportional to the size of the parcel at the rate of one bird unit per acre for parcels from 1—4.99 acres and three bird units per acre from 5—9.99 acres. There will be no limit on the number of bird units per acre on parcels ten acres or larger in size. For the purposes of this section, one "bird unit" is defined as follows:
(a) Twenty pigeons, doves, quail, or similar bird, or
(b) Ten chickens, or
(c) Six ducks, or
(d) Four turkeys, geese, or pea fowl, or
(e) One ostrich or emu.
Note: Permitted units apply only to fowl six weeks and older. In determining the number of fowl permitted, combinations of birds are allowed, provided that the ratios of bird units per acre as established above are maintained.
2. Coops or cages and runs for chickens, pigeons, doves, ducks, geese, turkeys and similar birds shall be required on any lot less than five acres when the number of fowl equals one or more bird units. Such coops, cages or runs shall be enclosed with a minimum four feet high chicken wire fence and shall be kept clean and free from excess feed, excrement, and such substances that may attract rodents or other predators. Runs provided for emus, ostriches and similar fowl shall be enclosed with a fence of a minimum height of six feet. Structures for housing permitted fowl shall be located only in the rear or side yard and shall adhere to the same setbacks as non-commercial kennels. Such structures shall also be set back at least five feet from the principal dwelling on the property and at least 100 feet from an RPA stream and 50 feet from all other streams. A zoning permit must be obtained for all structures required under this subsection.
3. Runs and cages for chickens shall be sized to accommodate a maximum density of four square feet per bird. For larger fowl, such as geese or turkey, the maximum run or cage density per bird is 15 square feet. For emus, ostriches and similar large birds, the maximum run or cage density is 100 square feet per bird.
4. Cages, coops and runs on properties not served by public water shall be located so that such structures are separated from the private well head on the property. If the well is a class 3A or B well, then the minimum separation distance is 50 feet. If the well is a class 3C or class 4 well, then the minimum separation distance is 100 feet. If the chicken coop is enclosed, has a concrete floor and the chicken manure is removed and placed for trash pickup, or other best management practices are applied, then the separation distance for a class 3C or 4 well can be reduced to 50 feet.
5. Roosters and guinea fowl shall be permitted at the rate of one rooster or two guinea fowl per acre, in addition to the allocation of fowl listed in subsection 1. above. Roosters and guinea fowl shall be confined between sunset and sunrise within a caged area on any lot less than ten acres, and such caged area shall be setback not less than 150 feet from neighboring dwellings.
6. Waste management for surface and groundwater protection must be established using Prince William Soil and Water Conservation district guidelines.
7. Fowl raised on properties less than five acres in size may only be used for production of eggs. No dispatch of fowl may take place on the premises.
8. Fowl raided on properties five acres or larger but less than ten acres may be dispatched for domestic use only.
9. Fowl raised on parcels of ten acres or larger shall be under the same provisions for dispatch as any other livestock.
MIDCO concerns and questions:
1. There really hasn't been any outreach to the community to date. My bet is that most folks don't even know about the 2011 rules, let alone the expansion plans. Suggest sending postcards to the folks in the expansion area prior to making any decisions.
2. As you can see, you can have fowl by-right on any A-1 property of one acre or larger, but you need a SUP for properties zoned SR-1, 3 or 5. How does this make sense? Many or even most areas in mid-county are "stale zoning" A-1 properties that are comp-planned for SRR (SR-1, 3 or 5) and are A-1 only because they were built before the current comp plan designations. Separating these classifications for this purpose is a distinction without a difference when it comes to real-world impacts. Suggest requiring a SUP on all properties to let residential neighbors know what is proposed and have a chance to comment before approval.
3. Why allow roosters? This is the most objectionable element of housing fowl due to the noise disturbance issues. Roosters aren't needed for egg production so should only be needed for properties that can dispatch for off-site use. Suggest prohibiting roosters on parcels less than 10 acres at the minimum.
4. Number 9 above allows relatively unlimited dispatch on 10 acres or more which is basically a commercial operation- should we be allowing poultry farms in residential neighborhoods like Lake Occoquan Club? Suggest raising this acreage limit.
5. Number 2 above says coops or cages are required on lots of less than 5 acres, but there's no requirement to actually keep the birds in the coops or cages. Why require coops or cages if there's no requirement for the birds to be in there?
6. Number 5 above has different coop requirements for roosters, requiring a "caged area" on properties less than 10 acres. Is this the same as the "coop or cage" requirement in Number 2? If not, what are the "caged area" requirements?
7. Roosters are required to be in the caged area from sundown to sunup, but can presumably run free all day. If the noise from multiple roosters is objectionable in the evening/night, wouldn't the same be true in the day? Again, suggest prohibiting roosters on less than 10 acres to eliminate noise concerns and unclear and likely unenforceable requirements.
8. Number 1 above allows up to 150 chickens (and 5 roosters) on a 5 acre residential property. Why would anyone want this many chickens? What was the reasoning for this number? Suggest revising this down to a reasonable level.
We realize that this particular ZTA is just to amend the map, and I think that's the point of my comments. If we're going to expand the area to include an extra 3900 acres, we should make sure the underlying language is in good shape, and I don't think it is. Now would be the time to get it right before expanding the area- why expand and then consider "fixing" the problems later?
We suggest that we go back to the drawing board, so to speak, get the public involved, and do this right before we go any farther.
Current text:
Sec. 32-508.06. - General regulations and development standards.
1. The keeping of chickens, pigeons, doves, and other domestic fowl shall be permitted by right on any A-1 zoned property of a minimum size of one acre and by Special Use Permit on any SR-1, SR-3 or SR-5 zoned property of a minimum size of one acre where the restrictions set forth in subsections 2. through 7. below can be maintained. The maximum number of fowl permitted shall be proportional to the size of the parcel at the rate of one bird unit per acre for parcels from 1—4.99 acres and three bird units per acre from 5—9.99 acres. There will be no limit on the number of bird units per acre on parcels ten acres or larger in size. For the purposes of this section, one "bird unit" is defined as follows:
(a) Twenty pigeons, doves, quail, or similar bird, or
(b) Ten chickens, or
(c) Six ducks, or
(d) Four turkeys, geese, or pea fowl, or
(e) One ostrich or emu.
Note: Permitted units apply only to fowl six weeks and older. In determining the number of fowl permitted, combinations of birds are allowed, provided that the ratios of bird units per acre as established above are maintained.
2. Coops or cages and runs for chickens, pigeons, doves, ducks, geese, turkeys and similar birds shall be required on any lot less than five acres when the number of fowl equals one or more bird units. Such coops, cages or runs shall be enclosed with a minimum four feet high chicken wire fence and shall be kept clean and free from excess feed, excrement, and such substances that may attract rodents or other predators. Runs provided for emus, ostriches and similar fowl shall be enclosed with a fence of a minimum height of six feet. Structures for housing permitted fowl shall be located only in the rear or side yard and shall adhere to the same setbacks as non-commercial kennels. Such structures shall also be set back at least five feet from the principal dwelling on the property and at least 100 feet from an RPA stream and 50 feet from all other streams. A zoning permit must be obtained for all structures required under this subsection.
3. Runs and cages for chickens shall be sized to accommodate a maximum density of four square feet per bird. For larger fowl, such as geese or turkey, the maximum run or cage density per bird is 15 square feet. For emus, ostriches and similar large birds, the maximum run or cage density is 100 square feet per bird.
4. Cages, coops and runs on properties not served by public water shall be located so that such structures are separated from the private well head on the property. If the well is a class 3A or B well, then the minimum separation distance is 50 feet. If the well is a class 3C or class 4 well, then the minimum separation distance is 100 feet. If the chicken coop is enclosed, has a concrete floor and the chicken manure is removed and placed for trash pickup, or other best management practices are applied, then the separation distance for a class 3C or 4 well can be reduced to 50 feet.
5. Roosters and guinea fowl shall be permitted at the rate of one rooster or two guinea fowl per acre, in addition to the allocation of fowl listed in subsection 1. above. Roosters and guinea fowl shall be confined between sunset and sunrise within a caged area on any lot less than ten acres, and such caged area shall be setback not less than 150 feet from neighboring dwellings.
6. Waste management for surface and groundwater protection must be established using Prince William Soil and Water Conservation district guidelines.
7. Fowl raised on properties less than five acres in size may only be used for production of eggs. No dispatch of fowl may take place on the premises.
8. Fowl raided on properties five acres or larger but less than ten acres may be dispatched for domestic use only.
9. Fowl raised on parcels of ten acres or larger shall be under the same provisions for dispatch as any other livestock.
MIDCO concerns and questions:
1. There really hasn't been any outreach to the community to date. My bet is that most folks don't even know about the 2011 rules, let alone the expansion plans. Suggest sending postcards to the folks in the expansion area prior to making any decisions.
2. As you can see, you can have fowl by-right on any A-1 property of one acre or larger, but you need a SUP for properties zoned SR-1, 3 or 5. How does this make sense? Many or even most areas in mid-county are "stale zoning" A-1 properties that are comp-planned for SRR (SR-1, 3 or 5) and are A-1 only because they were built before the current comp plan designations. Separating these classifications for this purpose is a distinction without a difference when it comes to real-world impacts. Suggest requiring a SUP on all properties to let residential neighbors know what is proposed and have a chance to comment before approval.
3. Why allow roosters? This is the most objectionable element of housing fowl due to the noise disturbance issues. Roosters aren't needed for egg production so should only be needed for properties that can dispatch for off-site use. Suggest prohibiting roosters on parcels less than 10 acres at the minimum.
4. Number 9 above allows relatively unlimited dispatch on 10 acres or more which is basically a commercial operation- should we be allowing poultry farms in residential neighborhoods like Lake Occoquan Club? Suggest raising this acreage limit.
5. Number 2 above says coops or cages are required on lots of less than 5 acres, but there's no requirement to actually keep the birds in the coops or cages. Why require coops or cages if there's no requirement for the birds to be in there?
6. Number 5 above has different coop requirements for roosters, requiring a "caged area" on properties less than 10 acres. Is this the same as the "coop or cage" requirement in Number 2? If not, what are the "caged area" requirements?
7. Roosters are required to be in the caged area from sundown to sunup, but can presumably run free all day. If the noise from multiple roosters is objectionable in the evening/night, wouldn't the same be true in the day? Again, suggest prohibiting roosters on less than 10 acres to eliminate noise concerns and unclear and likely unenforceable requirements.
8. Number 1 above allows up to 150 chickens (and 5 roosters) on a 5 acre residential property. Why would anyone want this many chickens? What was the reasoning for this number? Suggest revising this down to a reasonable level.
We realize that this particular ZTA is just to amend the map, and I think that's the point of my comments. If we're going to expand the area to include an extra 3900 acres, we should make sure the underlying language is in good shape, and I don't think it is. Now would be the time to get it right before expanding the area- why expand and then consider "fixing" the problems later?
We suggest that we go back to the drawing board, so to speak, get the public involved, and do this right before we go any farther.