ZOUTF Task #3: Plants and Animals
Decatur Metro | July 18, 2012 | 8:29 am
ZOUTF hungry! ZOUTF want foood!!
Task #3 for Decatur’s Zoning Ordinance Update Task Force is a two-parter – as they say in casual circles of folks who discuss zoning codes.
First off, community gardens.
Though “the city has a long-standing policy of allowing community gardens”, as evidenced by the many that have sprouted up (or “taken root”) around our neighborhood, Decatur doesn’t currently define community gardens “nor list them as an allowable use in any zoning district”. That means orgs like The Wylde Center (formerly known as the Oakhurst Community Garden) is technically not allowed in Decatur.
Thus, ZOUTF – in response to Decatur Strategic Plan Task 12C, is recommending adding a definition for “community garden” to the ordinance and allowing them in all districts, as well as adding a definition for “Market Garden” to allow them in industrial, mixed use and commercial districts.
Then there are the animals.
Though not listed as a task in the Strategic Plan, ZOUTF wants to “collect input from residents on the issue of animals used for food production in R60 & R85 zoning districts.”
Currently, if you want to raise livestock on your Decatur property, you’ll need to consolidate more than a minimum of 2 acres of land, with 5,000 sq ft for each animal. That’s livin’! Small animals, such as rabbits, guinea pigs and fowl can be kept as long as certain conditions are met. Pigs and hogs currently as illegal as smoking in Atlanta parks. (No word on bison.)
So ZOUTF asks you these questions three…
- “Should we modify the existing regulations to encourage ownership of animals used for food production?”
- ‘Which animals would you like to see allowed on R60 and R85 properties?”
- “Under what conditions would you support modifying the existing regulations?”
I don’t understand why zoning laws are assumed to be one-way–if it’s not specifically addressed it is automatically not allowed. Why isn’t it the other way–if it’s not specifically addressed it is assumed to be okay. This need to address every freakin’ aspect of our lives is always what feels like a major flaw of some folk’s views of government’s role. I’m not leading a mother-may-I life.
From my observations, it’s often the city’s lawyers that are suggesting more specifics in the city’s code. That was the case a few weeks back when they were discussing zoning for breweries. I think it’s an issue of covering your butt if there’s ever a challenge to the use…but I don’t want to put words in the city’s collective mouth.
That has always been my approach to the law. I am the federal compliance manager for a big federally funded program. My approach to compliance seems to cause excessive worry on the part of my more OC colleges, who act like attorneys, even if they are not.
No one has an opinion about farm animals in residential neighborhoods?
Hot damn! Now I can finally get those cows and emus!
Chickens (hens only) are fine, but we need to think long and hard about allowing livestock in our neighborhoods. Most of us in Decatur live on a quarter or half acre of land, and once you subtract out the footprint of the house, our fenced in (back)yards are way too small for the animals.
Plus, there is the whole odor thing. I don’t want to be overwhelmed with the smells of pig slop or cow shit when I walk outside.
Was joking about the cows and emus. Was just trying to get the convo started.
This seems too big a change not to argue about!
I knew you were joking about the emus. But, I recall a neighbor of mine commenting that he would like to have a pig or cow in addition to his chickens and large garden. I think his goal is become completely self sufficient with food. Admirable goal, but wrong location.
You obviously have never been around a poorly kept chicken coop. It can be monstrously nauseating. The problem isn’t the chickens, though, it’s the upkeep. Given a choice, I’d pick a well tended cow or pig or for a neighbor over MARTA buses belching soot every hour. No roosters and no billy goats, though, this deep into town. I think the code should loosen up about what kinds of animals can be kept, and drill down on HOW they are maintained — sanitary and free of chronic or pervasive odor or noise.
Agreed. And while we are thinking about it, look at biomass. The reality is that nobody will question someone owning a pair of Grate Danes or mastiffs (awww, doggies!) even in a relatively small dwelling, but mention a farm animal and the gasps ensue.
Not speaking about Decatur but there’s a crazy amount of variability about how communities handle this stuff. Some places you technically could own a dozen hellhounds but a 5 ounce parrot would be illegal (exotic!).
We worry about “farm animal” waste but not so much about pet waste. We mention it when we get mad about people not picking up after their own animals in public spaces but we never ever talk about what happens in people’s backyards. Well, some people leave things to decompose in place. Some add it to the landfill. And yes, some walk their dogs in the dark and don’t deal with it at all. And let’s not talk about cats, kitty litter, etc.
But talk about some eminently compostable hervibore poop and suddenly the dialogue is being written by the makers of Reefer Madness.
I challenge someone to do a photo journal about what happens to chicken or goat poop, allowed to naturally age and break down, vs. a pile of dog poop derived from supermarket kibble.
You are so right, and furthermore have created an opportunity for me to mention something I’ve been meaning to bring up in a FFAF. Maybe here it won’t constitute a total threadjack. If it does, I apologize.
I have one cat who is now pretty old and does her business indoors nearly all the time. I use clumping litter, and I bag what I scoop and put in the garbage, but I don’t feel good about it. Anybody have experience with composting solid pet waste? I have read that you can, if you set it up right and have a steady supply of fresh sawdust. Still doesn’t solve the litter issue, though. What to do?
BTW, if you live on high ground and away from watercourses, a doggie septic tank works great. My parents had one for their small dog. They only had to relocated it every couple of years, I think.
So what are the specific rules governing chickens in the City? I know they are allowed with a specific set of guidelines, but what are those guidelines?
This is from the Decatur Code. There are some more general requirements in the Animals section, but this is specific to poultry.
Sec. 14-8. – Keeping of fowl and small domesticated animals—General regulations.
Small domesticated animals, such as rabbits and guinea pigs and fowl, such as chickens, ducks, geese, guineas, turkeys and the like may be kept within the city subject to the following regulations:
(1)
All such animals shall be provided with adequate and sanitary housing. Such houses, hutches, pens, stables, sheds, stalls and enclosures wherein domesticated animals, poultry or other fowl are kept shall have a solid floor as may be approved by the county health officer. All such houses, hutches, pens, stables, sheds, stalls and enclosures, wherever located, shall have a minimum floor space of four square feet per animal or bird over one month old.
(2)
All houses, hutches, pens, stables, sheds, stalls or enclosures where such livestock, poultry or other fowl are kept shall not be nearer to any houses wherein human beings reside, other than the residence of the person who is the owner of such animals, than a distance equal to the width of the lot upon which the animals are kept, or a minimum distance of 75 feet should the lot be 75 feet or more in width.
(3)
Every person owning or keeping chickens or any other domestic fowl in the city is hereby required to keep such fowl and chickens under fence and not allow such chickens or fowl to run on any property other than his own.
Small Pigs?
http://www.kunekune.co.nz/miniatures.html
Regarding zoning and ordinances managed by the City. If you have not gone through the process (Development or approvals whatever the item), it is quite a challenge in our grand city. You would be shocked if you really got down to the text to understand how much power the administration has over your own personal property rights. Given the text just listed above regarding the “General Requirement” animals with-in the city. 90% of the chicken enclosures I have seen would not meet this. (how many have a solid floor that would be approved by the county health officers)?? Be careful of what you point out to the city they just love to get more and more power to tell you what you can and cannot do with your property “all in the name of building good community standards”.
I agree if it is not written assume you can do it until they tell you that you cannot! But do not go pointing it out. I am not saying be a bad neighbor or bring in a herd of cattle you must use a little common sense and by all means talk to your adjacent neighbors but you do not need to put up a sign. Sorry for my Sinicism, I deal with city’s day in and day out and the level of power is staggering sometimes!
I am satisfied with the current policies concerning domesticated livestock. Generally speaking, I do not believe that we need more regulations as to what we do with our property but I would favor a rule that the slaughter of animals for the purpose of food consumption should not be allowed in the City of Decatur (maybe this is already an ordinance).
I would not want a “community” or market garden adjacent to my property but if a large majority of the private property owners in a well-defined area support a garden on city property, and there is a renewal process (say every two to three years), where garden organizers can demonstrate continuing local support, then it should be allowed.
As with other aspects of the 10 Year Plans, don’t be surprised if a small group of activists try to highjack this issue. If so, there is no telling what could be proposed, all in the name of “sustainability”.
If it ain’t broke, it don’t need no fixin’ ( a triple negative!). I will not support large-scale changes to these regulations.
You bring up an interesting point, Chris, because — at least so far as what the Task Force has put forth to date — most of what’s under consideration involves a loosening up or increase in property owner rights. What’s your position on pursuing sustainability goals if the net outcome is greater flexibility and choice for landowners?
I think prohibiting the slaughter a chicken or rabbit at home makes no sense in a town where we drive to the Farmer’s Market and feel groovy about our ability to purchase of antibiotic-free pre-slaughtered, disjointed chicken, rabbit, or ducks parts. These views are internally inconsistent. Most people have hens precisely because they want to have some measure of control of how their food is produced. That means how it lives and how it dies…. if they are honest, they think about these things.
Where will all these urban chickens go in a few years? Let’s say the average hen has a lifespan of 8 years and has peak productivity for 2-4 years. If a family wants to “stay in eggs” they will need to add young hens periodically. What happens to those less-productive hens? Don’t tell me the hawks or raccoons got them all right about age 5…
I can understand if a lot of people feel these hens are pets and would no more think of eating them than eating their dogs but not everyone feels that way. The fact remains that you can take a pet to the vet, pay your money, and have that animal put to sleep. Or you can have a vet come to your home and do the same.
Hey, if you are a vet, you could kill your own chickens/rabbits. Maybe some enterprising resident will start an abattoir business that does home visits. Maybe they can be kosher or halal and we can drag religion into this debate and really muck up the waters.
If we go fishing and bring home some live fish in a cooler, is it illegal to gut and clean them? Boil a live lobster in the privacy of our own kitchen? Or do we draw a line at “lower” animals (Darwin would not aprove).
Sorry if this sounds a bit sharp but carnivores need to think about this stuff.
+1
Remember reading in the last couple of years about somebody in the Northeast somewhere that started a mobile slaughtering/butchering business. It removes one of the big obstacles to raising beef and pork on a small-farm scale.
(1) “Should we modify the existing regulations to encourage ownership of animals used for food production?”
Absolutely not.
(2) ‘Which animals would you like to see allowed on R60 and R85 properties?” Cats, dogs, chickens are fine I guess if they are properly maintained.
(3) “Under what conditions would you support modifying the existing regulations?”
I don’t really think that the existing regulations should be modified unless it were to just clear something up that is already allowed.
I think small goats should be allowed. I know that some people already have them.
+1
Would it be sufficient to have a special permit for operating a community garden or hobby farm?
I’d rather see these operate as a co-op or managed by a non-profit, like a neighborhood swim and tennis club. Often I find it better to have use of something than to have total responsibility for it.
Who will look after my goats over spring break? Can I get a low premium, liability insurance policy for them, or would that be covered on my existing homeowner policy?