a proposal to amend henry county uldc

7/29/2019 A Proposal to Amend Henry County ULDC

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A Proposal

To Amend Henry County ULDC

June & Larry Stanley

3/19/2013

We propose the county code change to specifically protect the right to grow food cropsand raise small animals on private property so long as such crops and animals are usedfor human consumption by the occupants, gardeners, or raisers and their householdsand not for commercial purposes.


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Proposal to Amend Henry County ULDC Page 1

This proposal was compiled using a study of ordinance citations from across the statelisting specific requirements and qualifications for raising chickens, which we hope willsee expanded to other egg producing fowl.

We seek the ability to raise fowl (specifically chickens) in a residential backyard.

We propose the following county code changes to specifically protect the right to growfood crops and raise small animals on private property so long as such crops andanimals are used for human consumption by the occupants, gardeners, or raisers andtheir households and not for commercial purposes.

Henry County Unified Land Development Code (ULDC) Section to bemodified:

Sec. 2.04.00. - Miscellaneous provisions, and Sec. 2.04.03: Keeping and raising oflivestock. The keeping and raising of all farm animals and fowl shall be limited to

property located within the RA zoning district and must have a minimum lot area ofthree (3) acres.

Proposed modifications are intended to maintain compliance with Sec. 3-16-1:Nuisance; Sec. 3-4-1: Health and safety of persons and animals; and other applicablecode sections.

Proposed modifications:

1. That restriction to RA zoning districts and the requirement for three acres are removedfrom the ordinance. In their place, specific qualifications and restrictions are inserted tocontrol but not prohibit keeping and raising specified livestock within all areas ofunincorporated Henry County.

2. With regard to fowl, qualifications and requirements shall include:

2a. Allow fowl to be kept and raised in residential areas.

2b. Limit to no more than six (6) fowl in residential areas providing a lot area less thanthree acres.

2c. A coop is required for nesting fowl. Coop must be 25 inches from ground and 15feet from any dwelling, and feed to be stored in rat-proof container. Birds may not runat large not under the control and restraint of the owner or the owner's designee.Enclosure must provide minimum of four (4) square feet per bird. Enclosuremeans anystructure or device used to restrict an animal to a limited amount of space, such as afence, pen, run, cage or natural (wood, stone, shrubbery) landscape barrier.


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2d. Coop / Enclosure may not be placed in a front yard in a residential area providing alot area less than three acres. Protection of street-side appearance and curb appealshall require that coop is protected from street view or lot must provide privacy fencingor natural (wood, stone, shrubbery) landscape barrier.

2e. Prohibition against keeping or raising rooster(s) where lot size is less than threeacres.

2f. Animal waste will be controlled in a timely manner so as to provide sanitary andodor-free conditions.

2g. Veterinary care necessary to maintain the health of an animal based on the age,species, breed, etc.

Henry County Code allows the

following:

One (1) miniature pig which does notexceed one hundred pounds in weightand one (1) miniature goat which doesnot exceed forty (40) pounds. Only one(1) miniature pig and/or one (1)miniature goat may be located on anypremises and/or property which is lessthan three (3) acres in size. Property exceeding three (3) acres in size may

have more than one (1) such animal. A license is also required and must beobtained from Henry County Animal Control Department.

County Code doesnot restrictowningand raising dogs,cats, hamsters, whitemice, other caged

birds (parrots,cockatoo, myna)even snakes!


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Yet none of those pet owners can say

My Pet Makes My Breakfast Fresh Eggs Every Day

The appetite for locally grown food produced by people you know using methods youapprove of grows stronger every day. You can't get more local than your own yard.When raising chickens for eggs, meat, or both, nothing goes into your birds that

you don't controlno antibiotics, hormones, or genetically modified feed.

Backyard chickens tend to be happier and healthier than factory-farmed ones, becausethey're often treated as pets, given room, and fed a much more varied and nutritiousdiet. In addition to chicken feed, owners reward birds with vegetable and fruit scrapsfrom the kitchen. Many, like Jimmie Henslee of Dallas, grow garden greens just for theirbirds. Chickens allowed to run in the yard also eagerly hunt down protein-rich bugs.

Due to these factors, their eggs contain less cholesterol and saturated fat and morevitamins, folic acid, and omega-3 fatty acids than those of caged birds. Their vivid,orange-yellow yolks resemble setting suns.

Raising your own flock will also give you the added benefits offree garden fertilizer,natural insect control in your yard and garden, the freshest of eggs (free from anyadded chemicals). Poultry also are great livestock to start out with for the newhomesteader.

Urban Chicken Movement

Many cities and towns are now allowing city dwellers to have as many as five or sixhens in their own back yards inside the city limits. This is a new trend and it is makingthe news almost on a daily basis. And why not, caring for chickens is easier than mostother pets and without a rooster in the mix; they are relatively quiet and make goodhousehold pets.


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POLL by Backyard Chickens:http://www.backyardchickens.com/t/232357/official-byc-poll-why-do-you-have-chickens-

select-all-that-apply

Pets 74%Eggs 91%Meat 26%Fertilizer 36%Bug Control 40%

Healthy Living

Raising and caring for home grown foods
http://www.backyardchickens.com/t/232357/official-byc-poll-why-do-you-have-chickens-select-all-that-applyhttp://www.backyardchickens.com/t/232357/official-byc-poll-why-do-you-have-chickens-select-all-that-applyhttp://www.backyardchickens.com/t/232357/official-byc-poll-why-do-you-have-chickens-select-all-that-applyhttp://www.backyardchickens.com/t/232357/official-byc-poll-why-do-you-have-chickens-select-all-that-apply


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Home gardening includes a natural habitat

Nutrition

Chickens are the perfect starter livestock for your homestead whether you have asmall backyard in an urban area or 20 acres in the boondocks. Chickens provide eggs,meat and fertilizer, plus theyre small and easy to manage.

FEED IS THE KEY

Health conscious people prefer a low cholesterol egg combined with the benefits ofOmega 3 and Vitamin E for longevity and a healthy heart. The enrichment is doneby giving special natural feed to the hen. The egg absorbs the nutrient propertiesfrom the hens diet.

Health benefits:

Omega-3 PUFA helps in the prevention and management of various human diseaseslike coronary heart diseases, hypertension, type 2 diabetes, etc.

Omega-3 fatty acids decrease triglyceride levels

Lowers blood pressure slightly

Compared to market eggs, there can be up to 24% reduction in yolk cholesterol levels


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The diet of the laying hens can greatly affect the nutritionalquality of the eggs. For instance, chicken eggs that areespecially high in omega 3 fatty acids are produced byfeeding laying hens a diet containing polyunsaturated fatsand kelp meal.

In general, eggs are the standard by which other proteinsare measured. Egg protein is said to be the highest quality

food protein known, second only to mothers milk. Eggsprovide 22 percent of an adults daily requirement ofcholine, an essential nutrient for brain and memoryfunctions, and egg yolk is one of the few foods thatnaturally contain vitamin D. Eggs offer carotene, calcium,iron, phosphorus, zinc, thiamin, B6, folate, B12 and

pantothenic acid, to name just a few of their important nutrients. Although much of aneggs protein is contained in the white, its fat, cholesterol, and most of the otherimportant nutrients come from the yolk.

Eggs add protein to a person's diet, as well as various other nutrients. Chicken eggs arethe most commonly eaten eggs. They supply all essential amino acids for humans (asource of 'complete protein'), and provide several vitamins and minerals, includingretinol (vitamin A), riboflavin (vitamin B2), folic acid (vitamin B9), vitamin B6, vitaminB12, choline, iron, calcium, phosphorus and potassium. Although not as abundant asred meats, eggs are a source of CoQ10 depending on how they are prepared.

All of the egg's vitamins A, D, and E are in the egg yolk. The egg is one of the fewfoods to naturally contain vitamin D. A large egg yolk contains approximately 60Calories (250 kilojoules); the egg white contains about 15 Calories (60 kilojoules). Alarge yolk contains more than two-thirds of the recommended daily intake of 300 mg of

cholesterol (although one study indicates the human body may not absorb muchcholesterol from eggs.) The yolk makes up about 33% of the liquid weight of the egg.It contains all of the fat, slightly less than half of the protein, and most of the othernutrients.

It also contains all of the choline, and one yolk contains approximately half of therecommended daily intake. Choline is an important nutrient for development of thebrain, and is said to be important for pregnant and nursing women to ensure healthyfetal brain development.


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Georgia Right to Grow Act

House Bill 2, 2012 legislative session, known as the "Georgia Right to Grow Actfailed due to Georgias Constitutional provision against the state to legislate zoninglaws. That role and function is reserved to local government.

Proposed changes to Henry County ULDC are intended to adopt the intent, privilegesand protections provided by that proposed legislation.

To wit, (b) No county, municipality, consolidated government, or localgovernment authority shall prohibit or require any permit for the growing orraising of food crops or chickens, rabbits, or milk goats in home gardens, coops, orpens on private residential property so long as such food crops or animals or theproducts thereof are used for human consumption by the occupant of such propertyand members of his or her household and not for commercial purposes.

(c) This Code section shall not prohibit or impair:

(1) The authority of a local governmental entity to abate a public nuisance;

(3) Any cause of action brought by a private citizen to abate a private nuisance under

Code Section 41-2-4; or

(4) Any private covenant or other private agreement restricting the use of real

property."


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Georgia County / City ordinances

CityCounty

Chickens Roosters Maximum PermitsRequired

Restrictions Code

Alpharetta Yes No No Coop Section

Albany Yes No No Coop must be 25" from

ground and 25' from anydwelling, feed in rat-proofcontainer

Sec. 10-

Atlanta Yes Yes 25 No Coop must be 5' fromowner's dwelling and 505from neighbors.

Sec 18-7

Columbus Yes No 32 w/2acres

No Coop - 100' from any lotline.

Sec 5-42

SavannahChatham

Yes Yes 4 No Coop - may not run atlarge.

Sec 9-50

Marietta Yes No Zoning & CoopRestrictions - 5 acres

Macon Yes No Yes Zoning R-1 - secureenclosure

Sec 509

Lilburn Yes Yes No Noise Ordinance Sec. 10-

Bartow Yes No Zoning Restrictions, Cooprestrictions.

Decatur Yes Yes No Proximity, sanitation,noise ordinances

Sec. 14-

Canton

Cherokee

Yes Yes No Sec. 14-

Ordinanc94-16

Athens Clarke Yes Yes No Sanitation, noise, andzoning ordinances

Warner Robins Yes Yes No Agricultural District only Sec. 5-8

Valdosta Yes Yes No M-2 Zoning Only Sec. 14-

Statesboro Yes Yes No Noise ordinance, norunning at large

Sec. 10-

Roswell Yes No Yes E-1 and E-2 Zoning, Proximity, noise, zosanitation

Rome Yes No No Zoning, sanitation,proximity, building

Sec. 4-2


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City County Chickens Roosters Maximum PermitsRequired

Restrictions Code

Columbia Yes Yes No Coop, nuisance

Milton Yes Yes 75 Coop 4 sq ft per chicken,25' from dwelling

Chapter Section

DeKalb Yes Yes No Zoning, proximity,sanitation, noise

Tucker Yes Yes No Coop, zoning, proximity,sanitation, noise

Dahlonega Yes No No Coop, zoning, sanitation, proximity, noisbuilding

Cumming Yes Yes No Zoning, coop, sanitation, proximity, noisbuilding

Augusta Yes No No Zoning, coop, sanitation, proximity, noisbuilding

a proposal to amend henry county uldc

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