By Tanna Friday
Editor
TRUSSVILLE – Raising backyard chickens appears to be a popular trend in America. In fact, the trend has become so popular that more than a dozen cities, including Birmingham, have revised their animal and zoning ordinances for backyard urban poultry flocks. Birmingham suburbs, such as Mountain Brook and Vestavia, have ordinances which allow the keeping of chickens, although roosters are prohibited.
During the monthly council workshop on Thursday, June 7, Trussville resident, Rebecca Rivers, asked the Council to consider modifying an 18-year-old zoning ordinance (no. 2000-034-PZ), to include the keeping of chickens on her property.
“Apparently our current zoning ordinance does not permit certain unconventional pets – including hens,” said Rivers. “I am zoned R-2 and do not live on three acres to be considered a hobby farm. I would like to ask if the Council would consider amending the ordinance to allow hens.”
Many people raise hens and use eggs produced as food. Rivers shares that her request for hens is not for farming purposes nor food purposes, but to have as unconventional pets. She says that chickens are in fact quiet and gentle animals, which makes great companions. The eggs, on the other hand, are just a bonus.
“Hens are a lot less noisy than dogs barking in your neighbor’s backyard,” said Rivers. “And they don’t smell like dogs’ smell and they are much easier to handle than most pets.”
In a study performed by the USDA in 2013, less than one percent of households had chickens, nearly four percent of households without chickens planned to have chickens within the next five years, illustrating the growing acceptance of urban farming.
While the city’s existing animal control ordinance does not list what animals are permitted for residents living in the city limits, specific conditions are set out for keeping of horses, ponies, donkeys, poultry (fowl) and livestock, such as cows, sheep and goats. Wild, exotic, vicious, or poisonous animals are prohibited.
Fowl is defined by the City as “a domestic bird used in the market or household for food consumption, such as a chicken, duck, goose, guinea, peafowl, turkey, pheasant, pigeon, ostrich, or other avian species.”
Trussville’s animal control ordinance prohibits residents from keeping fowl, which are on a long list of prohibited animals, except for the special use regulation, where land use activities are identified for special treatment. One example is defined as a hobby farm, a small farm operated for pleasure or supplemental income.
According to Trussville’s current zoning ordinance, Section 4.0 Hobby Farm, a resident is permitted to keep farm animals and fowl (chickens, turkeys, ducks, geese, quail, guineas, etc.), with a minimum of three (3) acres and only allowed in appropriate zones.
The ordinance states that a hobby farm is “permitted subject to a special exception use permit being granted by the Board of Zoning Adjustment (BZA) and further subject to appropriate permits or licenses being issued.” Such zones where a special exception use permit may be submitted include single family residential districts R-1 (single family residents on estate size lots) and R-2 (medium density single family residents).
City Clerk, Lynn Porter, said residents of Tutwiler Farms subdivision are zoned R-3 (residential medium density single family), which has area and dimensional regulations and prohibits a hobby farm on the premises (Section 26.0, page 127).
“When residents in R-1 and R-2 meet certain requirements, permission may be granted by the BZA to have a hobby farm,” said Porter. “But after application, notice to the neighbors, hearing, and approval of this special exception use is complete.”
Around the country, chickens are gaining popularity as productive pets, but many cities (like Trussville) don’t allow them. The City of Birmingham does.
In the City of Birmingham’s zoning ordinance Title 1 – Zoning Ordinance Chapter 4: Land Use Development Standards Permitted as Accessory page 144-45, chicken coops are permitted as an accessory use to a dwelling place if eight conditions are met. Some of these conditions require no more than six hens per property, kept in coop – not residential structure, and that chickens and cages are maintained to control odor and infestation.
Rivers presented the Council with a copy of the Mountain Brook ordinance sharing that there are cities in the area that do allow the keeping of chickens.
“There are several municipalities in the area that do allow that do allow chickens,” said Rivers. “The only conditions are that it is not a nuisance to neighbors or noisy.”
The City of Mountain Brook does not have an ordinance that prohibits the keeping of chickens in residential districts. The only ordinance that addresses the keep of chickens reads, “It shall be unlawful to confine, harbor or keep on a lot, place or premises any animal or fowl that habitually, continuously makes or emits sounds or noises of such volume, nature or extent so as to be a public nuisance by reason of being obnoxious or annoying to the ordinary persons in that neighborhood.” In short, roosters are out, but hens? This ordinance could be subjective and problem hard to enforce.
Vestavia’s zoning regulations all conditional use. Although the condition use does not have prescribed requirements, it does establish two public hearings (planning and zoning commission and city council) as and notification to residents within 500 feet of residence.
Councilor Jef Freeman asked Rivers if she approached her neighbors and the homeowners’ association about her request.
“I have spoken with members of the homeowners’ association, but not the Board,” said Rivers. “I have approached some of my neighbors and have not had any opposition.”
Councilor Alan Taylor said, “It is one things to say that we are going to allow some hens in your yard, and other thing to say that we are going to change an ordinance to allow unconventional pets. Unconventional pets could have several different meanings such as goats, etc.”
Rivers responded that her request for updating the ordinance noted hens as the description to an unconventional pet definition.
“Right now, I believe the ordinance for a hobby farm says for every acre you are allowed to have 20 poultry,” said Rivers. “Since I have a little more than a half-acre, I am asking that I be allowed up to 10.”
Porter explained that the requirements for a hobby farm is three acres in which an owner may house 20 per acre.
“The point I was trying to make is that if we amend the current ordinance to read unconventional pets, I’m not sure we can change the wording to read that we are going to allow people to have two hens or four hens.”
Councilor Brian Plant shared his concerns about Rivers request.
“In a planned subdivision that you live in it is very clear that it’s not a farm,” said Plant. “I’m sure that there may be small gardens or whatever, but that is not something that would affect other property owners. Dogs, cats, rabbits and birds are more conventional pets. This would add a whole new layer of things that we would be responsible for in our policing.”
Councilor Plant continued sharing his concerns regarding policing and inspecting when residences are not in compliance with the ordinance. Councilor Taylor added that the revised language of the ordinance would also be open to interpretation to many.
“I wouldn’t want to listen to it without having the approval of the homeowner’s association first,” said Taylor. “I think that is respectful and courteous to do this, but I don’t think the homeowners’ association is going to approve the request. In my opinion, if they did approve it, I don’t think that this would be the best decision for our citizens.”
Mayor Buddy Choat added, “I think if this was something a lot of people wanted it would be different, but this is the first time someone has made a request in the last 10 years.”
The Council agreed Rivers’ request was not something the Council would place on the agenda for further action, but did encourage her to speak with the Tutwiler Farms homeowners’ association to see if there is any interest.