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Commissioners deny permit request for extra backyard chickens, give owner deadline to comply with county code
Summary
Timothy Davis sought a temporary land use permit to keep more chickens than allowed by county code. Commissioners denied the request 4-0 and directed the owner to come into compliance with Cobb County's backyard‑poultry rules by Nov. 1, 2025.
The Cobb County Board of Commissioners denied a request for a temporary land use permit that would have allowed more backyard chickens than permitted by county code, voting 4-0 and setting Nov. 1, 2025, as a deadline for the property owner to comply with the county’s poultry rules.
Timothy Davis asked the board to allow more hens at his property, saying the flock was maintained for household egg use and that recent losses had already reduced the number. "My name is Tim Davis. My wife and I live, in Cobb County all of our life, and, we've had chickens, several times before," he said, explaining that the birds were kept for eggs to address health concerns.
Commissioners said county code allows backyard poultry at a rate of one hen per 5,000 square feet and that registration with community development is a permit‑by‑right for properties meeting that limit. Commissioner Gamble said she agreed with that standard and was reluctant to support exceptions above the code maximum on properties without clear justification.
Board discussion noted the county’s historical practice of hearing some animal permits before the board when exceptions were requested. Commissioner Campbell and other members cited the need to balance local flexibility with consistent enforcement of zoning rules. In making the motion, the board denied the land use permit and gave Davis until Nov. 1, 2025, to reduce his flock to the number allowed by code or otherwise achieve compliance.
Decision: Motion to deny LUP 21 and require compliance with Cobb County code section 134290 (backyard poultry provisions) by Nov. 1, 2025, carried 4-0.
Discussion: Commissioners emphasized the code standard (one hen per 5,000 square feet) and that registration with community development is the normal administrative path; exceptions for larger flocks have been considered historically but require board approval.
Direction: Applicant was directed to register with Community Development for the by‑right backyard chicken permit if his flock meets the one‑hen‑per‑5,000‑square‑foot rule and to take steps to bring the property into compliance by the Nov. 1 deadline.
Ending: The board adjourned to an executive session after the vote.
