Hello, again. Am looking forward to Wednesday -- cooler weather!
Hey, TO, you're 2 for 2 for killing plants from me!! Sorry to hear that - both for the plants and for the work digging them out and then planting them!
Found out yesterday that Dane Co. is working on a Countywide ordinance - thought I'd post what was written... Although I don't agree with all of it, I do like how it tries to lay everything out there for consideration. Skip now if not interested! Later, Elaine
TO: Dane County Board of Supervisors
Town Supervisors & Planning Commissioners
County Executive Joe Parisi
All Other Interested Parties
FROM: Majid Allan, Senior Planner
DATE: July 16, 2012
RE: Staff review of OA #11, 2012-13, Regarding the Keeping of
Domestic Fowl in Single Family Residential Yards
CC: Renee Lauber, Planning Consultant, Dane County Towns Association
Jerry Derr, President, Dane County Towns Association
This memo describes attached Ordinance Amendment #11, 2012-13 Regarding the Keeping of Domestic Fowl in Single Family Residential Yards. To assist town and county officials in decision making, the Planning Division prepares written descriptions of each proposed amendment to land use and development related ordinances. The Zoning & Land Regulation (ZLR) Committee will hold a public hearing on OA #11 on Tuesday, August 28th. Please direct any questions to me at 267-2536, or by email
at
[email protected].
I. BACKGROUND
Ordinance Amendment #11 was developed by staff at the request of several Supervisors following a groundswell of constituent interest in keeping chickens on residential lots. A number of cities and villages in Dane County, including Madison, Stoughton, and Oregon, allow limited numbers of egg producing poultry to be kept in residential areas. Many other communities around the state and country also allow the keeping of so-called “backyard chickens”. Proponents point to the benefits of low impact,
low maintenance egg production as basically an extension of backyard gardening. However, concerns have also been expressed about the potential negative impact that backyard chickens may have on property values and sanitary conditions in residential areas. To address these concerns, the ordinance amendment includes a “delayed implementation” provision that would to provide time for concerned
neighborhood / homeowner associations to develop or amend restrictive covenants before the ordinance takes effect.
II. SUMMARY
OA #11 would allow the keeping of up to 6 female “domestic fowl” in the rear or side yards of single family residential lots in any zoning district, provided the use complies with numerous standards listed in new section 10.195. As noted in section 10.195, the standards are designed to, “..ensure that the keeping of fowl is done in a responsible manner that protects the public health, safety, and welfare and avoids conflicts with neighboring uses.” Below is a detailed description of the proposed ordinance.
III. DESCRIPTION
OA #11 adds a definition of “domestic fowl” to section 10.01, creates a new section 10.195 listing the
standards that apply to keeping domestic fowl, and establishes a nominal $15 fee for zoning permits for required enclosures.
A) Article 2 defines domestic fowl to include female chickens, ducks, and quail. Roosters, geese, turkey, and pea fowl would not be allowed under the ordinance.
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B) Article 3 clarifies that chicken enclosures do not qualify for the zoning permit exemption that is available to non-permanent accessory structures under 120 square feet in size. All chicken enclosures will require a Dane County zoning permit.
C) Article 4 creates section 10.195 listing the standards that apply to the keeping of backyard chickens.
The standards include the following:
1. Slaughtering animals is prohibited.
2. Covered enclosures must be provided, and domestic fowl must be kept in covered or fenced enclosures at all times.
3. Covered enclosures must be kept in a clean, sanitary condition that will not disturb the use or enjoyment of adjacent lots.
4. Zoning permits are required for covered enclosures.
5. Domestic fowl may only be kept in the rear or side yards of single family residential lots.
6. Covered and fenced enclosures may not be closer than 25 feet to any residential structure located on an adjacent lot, and may not be closer than 75 feet to the ordinary high water mark of any lake, river, or stream.
7. Any violation of the standards in section 10.195 shall be subject to the penalties that apply to other zoning violations, per sec. 10.25(5).
8. The ordinance would not take effect until January 1, 2013, providing an opportunity for neighborhood / homeowners’ associations to develop or amend their restrictive covenants to address the keeping of domestic fowl.
D) Article 5 amends chapter 12 (zoning fees) to establish a $15 zoning permit fee for covered enclosures.
IV. ANALYSIS
This section provides a brief staff analysis of the proposed ordinance.
• Allows many county homeowners the same privileges as their city neighbors
Residents in the towns of Dunkirk, Dunn, and Pleasant Springs provided much of the motivating force for OA #11. Many were surprised to learn that the county did not have a provision allowing backyard chickens like the city of Stoughton and village of Oregon. Given the relatively rare occurrence of neighbor complaints over backyard chickens in urbanized communities allowing them, and the fact that many residential parcels in Dane County are larger than their city / village counterparts, staff anticipates few problems with the implementation of this ordinance.
• Provides safeguards to ensure problems do not arise
The standards for the keeping of backyard chickens are designed to ensure that problems do not arise between neighbors. If a problem were to arise, with, say a poorly maintained and smelly / unsanitary chicken enclosure, the ordinance includes enforcement provisions that will enable a quick resolution.
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ORD. AMDT. 11, 12-13
AMENDING CHAPTERS 10 & 12 OF THE DANE COUNTY CODE OF ORDINANCES, REGARDING THE KEEPING OF DOMESTICATED FOWL IN SINGLE FAMILY RESIDENTIAL YARDS
The County Board of Supervisors of the County of Dane does ordain as follows:
ARTICLE 1. Unless otherwise expressly stated herein, all references to section and chapter numbers are to those of the Dane County Code of Ordinances.
ARTICLE 2. Subsection 10.01(19r) is created to read as follows:
(19r) Domestic fowl. Domestic fowl includes female chickens, ducks, and quail. Geese, turkeys, and pea fowl are not considered domestic fowl for the purposes of this ordinance.
ARTICLE 3. Subsection 10.04(1)(b)9.b. is created to read as follows:
b. Subsection 10.04(1)(b)9.a. shall not apply to covered enclosures used for the purposes of keeping domestic fowl.
ARTICLE 4. Section 10.195 is created to read as follows:
10.195 STANDARDS FOR KEEPING DOMESTIC FOWL IN SINGLE FAMILY RESIDENTIAL YARDS. (1)
Purpose. The purpose and intent of this section is to provide a listing of standards that shall apply to the keeping of domestic fowl in the yards of single family residences. The standards are designed to ensure that the keeping of fowl is done in a responsible manner that protects the public health, safety, and welfare and avoids conflicts with neighboring uses.
(2) Use. The keeping of 6 domestic fowl in the yards of single family residences located in any zoning district shall be a permitted use, if such use complies with the following:
(a) Domestic fowl shall not be slaughtered.
(b) Domestic fowl must have access to a covered enclosure.
(c) Domestic fowl shall not be allowed to roam free and must be kept in a covered enclosure or fenced enclosure at all times.
(d) Covered and fenced enclosures must be clean, dry and odor-free, and kept in a manner that will not disturb the use or enjoyment of adjacent lots.
(3) Permits for covered enclosures. Notwithstanding the exemption set forth in section 10.04(1)(b)9a, zoning permits shall be required prior to the erection, placement or construction of covered enclosures.
(4) Location of covered and fenced enclosures.
1. Covered and fenced enclosures shall be within the rear or side yard.
2. Covered and fenced enclosures shall not be closer than 25 feet to any residential structure on an adjacent lot.
3. Covered and fenced enclosures shall not be located closer than 75 feet from the ordinary high water mark of any lake, river, or stream.
(5) Violations. Any violation of these standards shall be subject to the penalties set forth in section 10.25(5).
(6) Effective date. This section shall become effective as of January 1, 2013.
ARTICLE 5. Subsection 12.05(17) is created to read as follows:
(17) The permit fee for covered enclosures used for the purposes of keeping domestic fowl shall be $15.00.
[Explanation: This ordinance provides for standards for the keeping of limited breeds of domesticated fowl in the yards of single family residences, and sets forth permit fees for certain covered enclosures.]
Submitted by Supervisors Miles, Solberg, Salov, Schlicht, Bollig, Hotchkiss, Hesselbein, Chenoweth, Dye, Sargent, Pertl, Hendrick, Bayrd, Erickson, Wegleitner, Pan, McCarville, Ripp, Veldran, Schmidt, Zweifel, Krause and Downing, July 12, 2012. Fiscal and Policy Notes not required.
