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York County planning panel approves ordinance changes to allow ducks and adjust setback process for backyard poultry
Summary
The York County Planning Commission on Feb. 12 approved text amendments to the county zoning ordinance to add ducks to permitted backyard poultry, allow such keeping in certain planned developments, and shift reduced-setback requests from a special-use permit to a variance process.
The York County Planning Commission voted Feb. 12 to approve text amendments to the county zoning ordinance that add ducks to permitted residential poultry, permit chickens and ducks on occupied detached single-family homes in Planned Development (PD) districts, and remove the special-use-permit option for reduced setbacks for poultry enclosures.
Planning staff said the amendments would amend Section 24.1-4.14.1 of the York County Zoning Ordinance to allow ducks in addition to chickens and to treat requests for reduced setbacks as variance requests to the Board of Zoning and Subdivision Appeals rather than as special-use permits. "The addition of ducks as a backyard poultry keeping activity would not have any more impact on the county's neighborhoods than chicken keeping alone," planning staff member Anderson said during the hearing.
Staff outlined three principal changes: striking ducks from the ordinance's prohibited-fowl list; adding the PD zoning district to the list of districts where backyard poultry are permitted provided the property contains an occupied detached single-family dwelling; and removing the option to seek a special-use permit to locate a coop or pen closer to a property line than the ordinance allows, replacing that route with the established variance process before the Board of Zoning and Subdivision Appeals (BZA). The ordinance will continue to limit poultry density to one bird per 2,500 square feet of lot area, with a combined maximum of 16 chickens and/or ducks per lot, and retains a 10-foot setback requirement from property lines unless a variance is granted.
No applicant appeared and no members of the public spoke during the public hearing. Commissioners asked one clarification about the setback process; Anderson confirmed that the current code requires a 10-foot setback and that the proposed change removes the special-use-permit route and directs applicants to apply for a variance with the BZA if they seek a lesser setback.
Commissioner Chamberlain moved to adopt Resolution PC25-03 to approve the text amendments; the motion passed on roll call with recorded affirmative votes by Commissioners Chamberlain, Titus, Brooks, King, Criner and Wosmer and one member absent. The motion did not record a second in the transcript. Staff recommended approval.
Staff noted that the county has allowed backyard chickens in several residential districts since 2014 and has issued 143 administrative permits for residential chicken keeping. Staff also told commissioners that the change is primarily procedural and intended to align setback exceptions for coops with the standard variance process used for other accessory structures.
Planning staff indicated related items are expected to return to the commission in the near term: a special-use permit application had been filed by a resident seeking a coop 1 foot from a property line, which under the revised procedure would be handled as a variance request. The commission's approval takes effect according to the county's administrative timeline for ordinance amendments.
The commission also received routine staff reports and project updates at the meeting, including notices about upcoming Board of Supervisors agenda items and site plans in the county; those items were informational and not part of the poultry ordinance action.
