Backyard chicken keeping is now allowed in more James City County neighborhoods, and the Board of Supervisors is looking to further expand the areas in which chickens can be kept and change the regulations to allow other types of fowl.
The supervisors took up consideration of a county regulation change Tuesday to allow backyard chickens in the county’s limited residential district, which covers about 5 percent of the county.
On a 3-2 vote with Supervisors Jim Kennedy (Stonehouse) and John McGlennon (Roberts) opposed, the board passed the change in county regulations, pushing the total area where chickens are allowed to more than half the county.
Previously chicken keeping was allowed in three districts that covered 49 percent of the county: general agricultural, rural residential and low-density residential — all zones that allow housing on larger pieces of land.
The limited residential district, added to the chicken keeping ordinance Tuesday, includes low-density neighborhoods with single-family homes.
County staff and Planning Commission members have been working on the regulation change since the board voted to start looking into the issues in November last year. The commission recommended the supervisors reject the chicken keeping expansion.
Before taking a vote Tuesday, the board put the issue up for a public hearing, which had six speakers, all of whom were in favor of expanding the chicken-keeping area.
“I don’t understand when chickens became such a bad influence in the community,” said Supervisor Michael Hipple (Powhatan), who currently keeps chickens. “I’ve never known a chicken to attack a neighbor and cause an issue … I don’t understand how a chicken became public enemy number one in James City County or anywhere.”
Hipple proposed expanding the regulation to allow chicken keeping in two other districts: the general residential district for low-density, quiet neighborhoods, and the residential redevelopment district, for sites not in neighborhoods that could be refurbished as housing. His proposal did not gain enough support to make the change Tuesday.
Supervisor Kevin Onizuk (Jamestown) said he would consider making the change to include the two additional districts if the permission for chicken keeping was limited to landowners who are within those district but outside the county’s water and sewer service area. The water and sewer service area is used as a growth management tool to keep parts of the county rural.
The board voted 3-2 — with McGlennon and Kennedy opposed — to send the issue of expanding chicken keeping even further back to the Planning Commission for consideration. With that, the board requested the commissioners also look at altering the regulation to allow additional fowl, such as ducks, geese and guinea fowl.
Kennedy and McGlennon shared similar concerns with changing the areas where chickens are allowed.
Kennedy did not want to see chicken keepers killing the animals in their yards in view of neighboring homeowners, nor did he want to see large numbers of chickens turned into animal control if the owners did not have another way to get rid of them. He was also concerned the proposal to expand the chicken-keeping area was sprung from people illegally keeping chickens and neighbors lodging complaints with the county for various reasons.
McGlennon agreed the history of violation could continue to pose a problem in cases where owners were not responsible. Additionally, he said the limited residential district covers areas where there are no homeowner associations, but where owners still moved into their homes with an expectation of what would not be allowed due to zoning regulations.
Neighborhoods with HOAs and regulations about which pets may be kept supersede the county regulation. If neighborhood rules say chickens may not be kept, the rules remain in place and are not changed by the new county regulation.
The new change comes with a new set of chicken-keeping regulations specific to the limited residential district:
- Chickens are allowed on property 15,000 square feet and larger;
- Two chickens are allowed per the first 5,000 square feet of property and one additional chicken is allowed per each additional 5,000 square feet, up to a total of 12 birds;
- Roosters are not allowed;
- Chickens may be butchered, but not for commercial purposes;
- Egg and meat sales are not allowed;
- Coops and cages — which are required and must be at least 5 feet from the property line and 25 feet from any neighboring homes — must be kept in the rear yard, but the county zoning administrator can grant an exception for unusual lots.
Before residents can start keeping chickens, the property owner is required to file an application with James City County’s zoning office to obtain a permit. A sketch showing where the chickens will be kept on the property and a $20 processing fee are required with the application.
The full draft regulation is available on the county website. The board made a change to the ordinance to prevent commercial butchering only, which is not reflected in the draft.
Related Coverage:
- JCC Planning Commission Votes ‘No’ to Backyard Chickens
- JCC Planning Commission to Host Public Hearings on Chicken Keeping, Accessory Apartments
- JCC Planning Commission Moves Chicken Keeping Issue to Public Hearing
- James City County Committee Gets First Look at Draft Regulation to Allow Backyard Chickens
- JCC Committee Asks Staff to Draft Ordinance Allowing Backyard Chicken Keeping
- James City County Committee Plans Another Meeting About Backyard Chickens
- Committee Plans to Explore Backyard Chicken Keeping at Scheduled Meeting
- County Wants Citizen Input on Chicken Keeping
- Supervisors Approve New Recycling Plan, Send Chicken-Keeping Discussion to Committee
- JCC Supervisors Vote Jim Kennedy Chairman, Recall Chicken Keeping
- James City County Supes Clarify Positions on Backyard Chicken Keeping
- JCC Maintains Position Against Allowing Backyard Chickens in Expanded Area
- Chicken Keepers Turn Out to Push JCC Board for Ordinance Change
