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Commissioners direct staff to draft backyard-hens ordinance after months of discussion
Summary
After a lengthy discussion about setbacks, coop construction, waste management and enforcement, the Planning and Zoning Commission asked staff to draft a proposed ordinance permitting up to four hens per single-family dwelling with detailed coop and setback requirements and to return with the draft in August.
The Chesapeake Beach Planning and Zoning Commission discussed a proposed backyard-hens (small-scale chicken) ordinance at length on May 28 and directed staff to prepare a draft ordinance and a companion memo for Town Council consideration.
A commission subcommittee and staff presented recommended elements: a limit of four hens per single-family dwelling; coop and run requirements (fully enclosed, ventilated, predator-proof, regularly cleaned); setbacks limited to side or rear yards (not front yards) with an 8-foot setback from property lines proposed as a baseline; waste management allowed on-site if composted or otherwise disposed of as yard waste; and no slaughtering on private property. Planner Sarah Franklin noted that because many Chesapeake Beach lots are small or have nonconforming setbacks, the proposal attempts to be permissive while setting conditions intended to control nuisance impacts.
Commissioners raised common concerns: odor, noise, predator access and enforcement capacity. Franklin and commissioners discussed enforcement options: a simple registration fee and complaint-driven inspections versus proactive inspections. Several commissioners favored minimal up-front inspections with registration and a low fee to reduce administrative burden; others urged stricter enforcement and escalating fines for repeat violations. Commissioner Ellie Hahn explicitly recommended stronger enforcement penalties (a $100 fine for a second violation, larger fines thereafter).
Commissioners considered issues tied to homeowners associations (HOAs) and nonconforming lots. Staff noted HOAs retain authority under their covenants (CC&Rs) and that many town townhouse lots and some HOAs may preclude coops by those private rules. Commissioners discussed setback language that would require a minimum distance to the nearest neighboring dwelling if lots are irregular; no final setback distance for such a rule was adopted at the meeting.
Planner Franklin was directed to draft the ordinance with the discussed elements and to return with the draft at the August meeting (the commission agreed to defer further action until August because some members will be unavailable in June and July). Franklin also suggested preparing a brief memo identifying topics outside zoning (animal care standards, slaughter prohibitions, animal-control issues) that Town Council might wish to address in separate town code or through collaboration with county animal control.
