New City Code in Fayetteville, NC

[hossfeathers]

The City of Fayetteville, NC, is conducting a 'translation' of the city zoning system. While the city codes do need updating ('Blacksmith' is still a listed commercial category) the city-wide re-zoning goes beyond simply re-assigning codes and significantly changes the rules for animal keeping and farm/agriculture throughout the city.

Previously, residential areas were allowed up to 10 hens (or rabbits) and larger livestock (goats, cattle, horses, etc) could not be kept within 100 feet of homes. No roosters or swine were permitted, but crop and tree farming, along with other agriculture, was permitted 'by right'.

Under the proposed code, all non-pet animals except chickens are classified as livestock and must be restricted to zoned agriculture areas. Number of hens is reduced to 4. 'By right' agriculture - orchards, farms, etc - is prohibited in most residential and commerical areas.

While the city planners state that all current, in-code activities can continue, new operations would not be permitted.

http://www.ci.fayetteville.nc.us/

 

[hossfeathers]

Update to previous:

Zoning board meeting 14 July (Tuesday); City Council meeting 27 July (Monday) Please attend and speak supporting the current codes and not the new, more restrictive code.

Per Chapter 6 of the CURRENT code:

Number limited. It shall be unlawful to keep, house or pen more than ten chickens or more than ten rabbits at a dwelling or on the lot on which such dwelling is located.

Note: I read this as 'chickens, no roosters' and I swear I've seen it actually said 'no roosters' but the code defines 'fowl' as 'chickens, guinea fowl, ducks, other avian animals' so it's arguable that roosters are permitted. However:

According to the PROPOSED CODE which goes into effect 01 July:

30-4-D-3-i pg 4-57
Housing for Poultry
The housing of poultry shall comply with the following standards:
(1) No more than four birds may be housed per lot;
(2) Roosters are prohibited;
(3) On-site slaughter of birds is prohibited;

(4) All birds shall be housed within a covered enclosure or coup;
(5) No enclosure shall be located closer than 25 feet to any residential structure or lot line;
and
(6) Birds shall be kept within a fenced enclosure at all times.

Also, FYI - new code will restrict Agriculture to specific parts of the city and is defined as follows:

Definition of Agriculture 30-9-D pg 9-11

Uses characterized by general active and on-going agricultural activities, including agronomy, animal husbandry, aquaculture,
biotechnical agriculture, forestry, fisheries, honey production, horticulture, silviculture (including the harvesting of timber), and similar
uses. Agriculture does not include a grocery store or the retail or wholesale sale of products related to the production of
agricultural products. Agriculture does not include preparatory functions such as grading or creation of planting beds through
stockpiling of dirt or other means when such preparations do not result in an active and on-going agricultural activity within 30 days.
Accessory uses may include offices, storage areas and repair facilities related to agriculture uses.

Link to new code: http://www.cityoffayetteville.org/new_udo_zoning/

Link to current code: http://library.municode.com/index.aspx?clientID=10733&stateID=33&statename=North Carolina

 

[benjoycei]

that sucks...do you have "grandfather rights' to keep whatever you already have?

 

[hossfeathers]

Yes, supposedly grandfather rights will apply. Won't help the newcomers, though, which is why we're trying to get the new code adjusted.

 

[jalexartis]

Where can I find the grandfather rights in print? Thanks! --james

 

[Mouzekin]

I know this is resurrecting a dead thread, but I was wondering what the verdict was for this proposal?

I currently have 4 chickens but was considering 2 more. I don't want to violate code.

 

[TarainNC]

As far as I know it has not taken effect yet. I am over the 10 limit,ssshhhhhhhhhhhhhh. I would not worry about it until it happens. My neighbors are closeby, but do not mind. I hope I am a good neigbor and I share my eggs. No complaints thus far. I am more concerned with the dog/cat limit they are now proposing.

 

[benji2]

Looking to add chicks do you know if the city code was successfully changed or what the details are now?

 

[BertandMary]

I am trying to figure out if it was passed too. It doesn't forbid roosters under the old definition but I have only kept hens. Was going to add a rooster this year so am looking into the passing of the new ordinance. I haven't found anything yet. I will add a roo and if it is passed we will remove....old soldiers, "Better to ask forgiveness than permission." Our neighbors have been great about the birds and enjoy the fresh eggs as well as showing visiting family the mini farm next door.

 

[BertandMary]

Here is the latest ordinance I could find. It is still 10 chickens, which doesn't specify hens only. However, roosters are covered under nuisance animals, just like dogs. If a dog barks too much and the neighbors complain to Animal Control an officer comes out to investigate. The same happens with a rooster should a neighbor complain. Roos are quiet at night so unless neighbors just find them objectionable or you aren't keep the area clean, you should be fine with any 10 chickens. 10 is still the max.

Here is a PDF from 2013. It mostly covers dogs and cats.

https://www.co.cumberland.nc.us/animal_control/downloads/Animal_Control_Ordinance__06-17-2013.pdf