County Commissioners Public Notices


PUBLIC NOTICE - July 1, 2014

CHR4-2014 Backyard Chickens Legislation

INTRODUCED BY: William W. Pickrum, Member, Board of County Commissioners for Kent County, Maryland.

AN ACT to amend Article V, Sections 1.4. (Agricultural Zoning District – Accessory Uses and Structures), 2.4. (Resource Conservation District – Accessory Uses and Structures), 3.4. (Rural Character – Accessory Uses and Structures), 4.4. (Rural Residential – Accessory Uses and Structures), 5.4 (Critical Area Residential – Accessory Uses and Structures), 6.4. (Community Residential - Accessory Uses and Structures), 7.4 (Village - Accessory Uses and Structures), 8.4 (Intense Village – Accessory Uses and Structures), 9.4 (Intense Village Critical Area – Accessory Uses and Structures), of the Kent County Land Use Ordinance for the purpose of adding language which will allow the keeping of backyard chickens under specific conditions.


THE COUNTY COMMISSIONERS OF KENT COUNTY

__________________________
William W. Pickrum

INTRODUCED, read first time, July 1, 2014, ordered posted and public hearing scheduled on July 22, 2014, at 6:00 p.m. in the County Commissioners Hearing Room, R. Clayton Mitchell, Jr., Kent County Government Center, 400 High Street, Chestertown, Maryland.


By Order of:

______________________________
Sondra M. Blackiston, Clerk


PUBLIC HEARING

HAVING been posted and notice of time and place of hearing and copies having been made available to the public and the press, a public hearing was held on July 22, 2014. Reported favorably [with] [without] amendments; read second time and ordered to be considered on August 5, 2014, a legislative session day.



NOW THEREFORE BE IT ENACTED BY THE COUNTY COMMISSIONERS OF KENT COUNTY, MARYLAND that Article V, District Regulations, of the Kent County Land Use Ordinance is hereby amended as follows:

Section 1.4.B, Agricultural Zoning District, adding 8.5
Section 2.4.B, Resource Conservation District, adding 6.5
Section 3.4.B, Rural Character, adding 7.5
Section 4.4.B, Rural Residential, adding 7.5
Section 5.4, Critical Area Residential, adding 7.5
Section 6.4.B, Community Residential, adding 7.5
Section 7.4, Village, adding 5.5
Section 8.4, Intense Village, adding 7.5
Section 9.4, Intense Village Critical Area, adding 7.5

KEEPING OF BACKYARD CHICKENS
A. BACKYARD CHICKENS ARE DEFINED AS FEMALES OF THE SPECIES GALLUS GALLUS DOMESTICUS KEPT FOR NON- COMMERCIAL PURPOSES. THE KEEPING OF MALES OF THE SPECIES IS NOT PERMITTED.
B. THE MAXIMUM NUMBER OF CHICKENS, 4 MONTHS OR OLDER, PERMITTED ON ANY LOT IS DETERMINED BY LOT SIZE:
i. NO CHICKENS ARE PERMITTED ON A LOT OF LESS THAN ¼ ACRE;
ii. NO MORE THAN 5 CHICKENS ARE PERMITTED ON A LOT OF ¼ ACRE TO 1 ACRE;
iii. NO MORE THAN 8 CHICKENS ARE PERMITTED ON LOTS OF MORE THAN 1 ACRE.
C. THE AREA FOR KEEPING BACKYARD CHICKENS MUST BE ENCLOSED IN SUCH A FASHION THAT THE CHICKENS ARE CONFINED AND NOT ABLE TO LEAVE THE OWNER’S PROPERTY. BACKYARD CHICKENS WILL BE PROVIDED WITH A COVERED, PREDATOR-PROOF COOP OR CAGE THAT IS WELL VENTILATED. HENS SHALL HAVE ACCESS TO AN OUTDOOR ENCLOSURE THAT IS ADEQUATELY FENCED TO CONTAIN THE BIRDS ON THE PROPERTY.
D. STRUCTURES (COOPS) FOR THE HOUSING OF BACKYARD CHICKENS MUST MEET THE PERMITTING REQUIREMENTS OF THIS ORDINANCE. FOR MOVABLE COOPS, THE PERMIT APPLICATION WILL SHOW THE AREA IN WHICH THE COOP WILL BE MOVED. A COPY OF THE MARYLAND POULTRY REGISTRATION FORM MUST ACCOMPANY THE BUILDING PERMIT APPLICATION.
E. COOPS MUST BE SET BACK A MINIMUM OF 15 FEET FROM ANY PROPERTY LINE.
F. COOPS MAY BE PLACED IN REAR YARDS ONLY.
G. EACH COOP MUST BE KEPT CLEAN AND FREE OF ODORS AND MATERIALS THAT CAN ATTRACT VERMIN. FEED MUST BE KEPT IN SECURE CONTAINERS SO AS NOT TO ATTRACT VERMIN.
H. WASTE MUST BE COMPOSTED OR REMOVED FROM THE PROPERTY.
I. THE OUTDOOR SLAUGHTERING OF CHICKENS IS NOT PERMITTED.


BE IT FURTHER ENACTED by the County Commissioners of Kent County that this Act shall take effect on the 15th day of August, 2014.

Read Third Time August 5, 2014

PASSED this ___5th_____ day of ___August___, 2014

Failed of Passage __________________________

By Order of:

____________________________________
Sondra M. Blackiston, Clerk


THE COUNTY COMMISSIONERS OF KENT COUNTY
(SEAL) ____________________________________
Ronald H. Fithian, President

____________________________________
William W. Pickrum, Member

____________________________________
William A. Short, Member

ORDERED a fair summary thereof of the entire bill shall be published in at least one newspaper of general circulation in the County, not less than three times at weekly intervals within a four week period.