Chicken war: Catoosa code, definitions, and a new proposal
County plans public hearing on April 18 to present proposed ordinance
Catoosa County commissioners have tweaked its most recent proposal for a backyard chickens ordinance and scheduled another public hearing to present the plan and get feedback.
At the last Board of Commissioners meeting, on March 21, supporters of backyard chickens once again showed up and some spoke during public appearances.
Among the speakers was attorney Christine Lawson, who introduced herself several meetings earlier as a litigation and regulatory compliance partner in the Atlanta office of an international law firm.
Lawson recently moved to Catoosa County, where she has owned property for 10 years.
At the March 21 meeting, Lawson addressed the commission for the third time: “Over the past several commission meetings, citizens have asked the board to identify the code provision upon which it relies to assert that chickens are currently prohibited on R-1 properties.
“At the last commission meeting, Commissioner (Larry) Black indicated that the board was still reviewing the code in an effort to identify the code section upon which it relies.
“The board has now had a month to review the code since the question was posed. However, no official statement has issued from the board to explain the basis for its position. If the board cannot, despite a month of review with the assistance of legal counsel, ascertain the basis for its assertion that chickens are currently prohibited on R-1 properties, then I would submit to the board that it is unreasonable for the board to believe that the citizens should be able to divine a prohibition against chickens from the code.”
Prior to the March 21 meeting,
The Catoosa County News emailed all the commissioners, the county manager and codes enforcement with the question: What is the specific code that prohibits chickens in R-1 zones? The newspaper received no answer except from codes enforcement, which referred us to County Information Officer John Pless.
Pless said the matter was still being studied by the commission. The commission has stated repeatedly that the code clearly prohibits backyard chickens.
After the March 21 meeting, the newspaper contacted chairman of the Board Larry Black and asked him to share the specific code that supports the prohibition.
Black responded by email with an attached “Memorandum” and with this statement: “Chickens are clearly prohibited in R-1 zones per the UDC (unified development code) and here is cite.”
The “cite” was the memorandum. The author of the memorandum was not indicated.
The memorandum begins: “The applicable provisions of the UDC are very clear and
straightforward. The highlighted provision below defines the land use of ‘poultry production.’ It does not distinguish between personal production or commercial production, but instead applies to all production. In addition, it does not distinguish between the types or numbers of poultry, but instead applies to all poultry, including as few as one chicken.
“1.08.02 Definitions “Poultry production. Breeding, hatching or raising of poultry for meat or egg production.”
The memorandum then includes the land use table from the UDC, a chart that lists numerous categories and shows what is legal in what zones in relation to those categories.
The land use table contains seven categories of land use: Agriculture, Residential, Institutional, Commercial, Recreation, Transportation/communication/utilities, and Industrial.
The items listed under Agriculture are: Agricultural operations; Agriculture, retail sales; Agriculture, wholesale sales; Commercial stable; Kennel; Lumberyard; Meat processing plant; Plant nursery, greenhouse; Poultry production; Sawmill; Timber harvesting.
ALL OF THESE ACTIVITIES ARE PROHIBITED IN R-1
“Poultry production” was highlighted to indicate it prohibits
backyard chickens. As stated in the opening of the memorandum, the commissioners believe this item in the chart refers to any number of chickens and that it is not referring to just commercial production.
According to the land use table and applying the Board of Commissioners’ interpretation, chickens are permitted only in A-1 zones. They are not permitted in R-A (residential agricultural) except with a special use permit.
CHICKEN HOUSES
Also included in the memorandum and highlighted was this:
“UDC Section 4.09.26. Any poultry house must be located at least 500 feet from adjoining property lines; provided further that if the adjoining property is residential property, then and in that event, said poultry house or houses shall be located no less than 700 feet from the closest point to any dwelling, school or governmental owned building on the adjoining property.
The UDC does not specifically define “poultry house” but does provide that “1.08.00. Acronyms and Definitions — Except as specifically defined herein, all words used in this UDC shall have their customary dictionary definitions.”
The memorandum goes on to share “common definitions”
of poultry houses.
The first it cites is attributed to Google:
“Poultry houses (chicken houses, hen houses) provided shelter for poultry (overwhelmingly chickens, but sometimes turkeys or ducks) intended for egg laying (the vast majority in our period) or meat production. Construction material was almost always frame. Poultry houses had either a shed roof or a gable roof.”
The quote is the first paragraph from a segment of “The Pennsylvania Agricultural History Project” produced by the Pennsylvania Historical and Museum Commission. The article explores the history of poultry houses on farms. http:// www.phmc.state.pa.us/portal/ communities/agriculture/fieldguide/poultry-housing.html
From Law Insider, the memorandum quoted: “Poultry house means a fixed or mobile building for accommodating flocks of poultry, which includes all surfaces covered by roofs, including a veranda; the house may be subdivided into separate compartments, each accommodating a single flock.”
From the Century Dictionary the memorandum quoted: “Poultry house: (noun) A building in which poultry are sheltered or reared; a henhouse or chicken-house.”
And from the Federal Food,
Drug and Cosmetic Act, Section 201, the memorandum shared: “Poultry house means a building, other structure, or separate section within a structure used to house poultry. For structures comprising more than one section containing poultry, each section that is separated from the other sections is considered a separate house.”
In closing, the memorandum said: “Under the common definition, any type of structure which houses poultry is a “poultry house.” Under the current version of the UDC, any type of “poultry house” must meet the setback requirements of Section 4.09.26, in addition to being in the proper land use zone.”
The ordinance being proposed at the public hearing, set for April 18, states that chicken/poultry houses must be located at least 25 feet from the owner’s property lines (vs. 500 feet in the current code) and 50 feet from adjacent residential or business buildings (vs. 700 feet in the current code).
People living in R-1 will be allowed six chickens if they live on an acre or less and 12 chickens if they live on over an acre.
The proposed ordinance can be passed, voted down, modified and voted on or
tabled for further consideration.
INFORMATION AND LINKS
Public hearing and regular commission meeting: Tuesday, April 18, at 6 p.m. at the Administration building, 800 Lafayette St., Ringgold (Note: there is also a regular meeting on April 4, same time, same place, but the chicken ordinance issue will be taken up at the April 18 meeting.)
UDC Land Use Table: https:// library. municode.com/ga/ catoosa_county/codes/code_ of_ordinances?nodeid=ptiiofco_ APXACACOUNDECO_ART IIZODILAUS_2.03.00LAUS PEEAZODI
New code proposed: https:// www.catoosa.com/home/sho wpublisheddocument/2256? fbclid=iwar1tiikofc3-kvjde68dnkrn6aojrvn-te3dHJMHYIYA-REY8P2J6SJ5OHG
“Google definition” of chicken house: http://www.phmc. state.pa.us/portal/communities/agriculture/field-guide/ poultry-housing.html
Catoosa County official website: https://www.catoosa. com/home