By William C. Singleton III
Journal contributor
Vestavia Hills resident Stan Roth considers his five hens pets in the same way others view their dogs and cats.
“They’re better behaved, quieter and come with the benefits of eggs” he said.
Roth represents a growing number of residents who want to raise chickens in the city instead of the countryside. The Vestavia Hills City Council at its July 28 meeting approved Roth’s request to raise Silkie and Serama chickens on 12 acres he owns at 2564 Altadena Road.
Andy and LaRue Lockhart received the council’s approval in June to raise six Delaware hens on their property at 709 Vestavia Lake Drive.
The national urban chicken movement seems to be gaining support as interest in organic food and nontraditional pets increases. Many people raise hens and use their eggs as a source of food.
“It’s kind of a new thing of people wanting to be a little more organic, a little more green and eat a little better,” Andy Lockhart said.
Others see chickens as more docile, cleaner and quieter than cats or dogs.
Though it’s difficult to determine how many urban chicken owners there are nationally, the growth of the movement can be measured by the number of cities legalizing chicken-raising in urban and suburban areas. Over the past several years, cities in Michigan, Colorado, Maine, Wisconsin, Illinois and New York have passed laws allowing residents to raise chickens outside of traditional agricultural zoning.
Since January, three urban chicken cases have come before the city of Vestavia Hills.
“This is a new fad. Nobody has ever asked for this particular use before,” City Clerk Rebecca Leavings said.
About six months ago, city officials learned of a Vestavia Hills resident who was raising chickens in her subdivision.
“We got a complaint from a neighbor who was trying to sell his house who said he couldn’t sell his house because there were chickens running around the yard next to him,” Leavings said.
The woman raising chickens discovered her neighborhood covenants prevent domestic hens. Because of the prohibition, there was no reason for the city to get involved any further, and she had to get rid of her chickens, Leavings said. But a proponent of the urban chicken movement asked the city to provide a way for residents to raise chickens in residential areas.
City officials discovered that new zoning regulations passed in December 2010 allow conditional use for such situations. Previous to these new regulations, agricultural zoning was the only way property owners could legally raise chickens and other farm animals. But that zoning requires a property owner to have enough land to accommodate farm animals and at least 300 feet distance between the animal enclosure and a home.
The Lockharts didn’t have enough property to apply for agricultural rezoning, Leavings said. Roth did but opted for conditional use. Conditional use doesn’t have any prescribed requirements but does establish two public hearings–one before the city’s Planning and Zoning Commission and another before the City Council–and notification of residents within 500 feet.
City officials determine the requirements and restrictions based on the applicant’s request and concerns voiced by neighbors.
In both the Lockharts’ and Roth’s cases, they are allowed to raise chickens under the following conditions:
Coop where chickens will be kept must be permanent.
No roosters may be kept. (Roosters are generally louder and draw the most complaints about noise.)
Hens or eggs may not be used for commercial purposes.
The applicants must contact law enforcement if they experience an increase in predatory animals.
Roth is allowed to raise up to 12 hens, the Lockharts up to six. If either moves or if they don’t raise chickens within a year, the conditional use goes away, Leavings said.
Before the council’s July 28 vote, two of Roth’s neighbors spoke against his request. Both said they were concerned the presence of hens would attract additional predators to the neighborhood–a concern Councilman George Pierce shared. Pierce was the only council member who voted against Roth’s request.
Councilman Jim Sharp, a member of the Planning and Zoning Commission, said he visited Roth’s home and found his chicken enclosure more than adequate.
“The design of this coop, it’s going to be a frustrated predator,” he said.
Neighbor David Stopack said the hens will attract predators that will put traditional pets in danger.
“He might have the Fort Knox of pens,” Stopack said. “That doesn’t preclude the animals around it coming to that area because they sense it, and it’s going to make other animals in that area a potential target.”
Neighbor Bob Norman, who lives adjacent to Roth’s property on the west side, came to his defense. He said the neighborhood has seen its share of wild animals such as foxes and coyotes, so Roth’s hens can’t be blamed for their presence. He also said Roth’s chickens have been no problem to the neighborhood, and many residents didn’t even know he was raising them.
“As far as the chickens, I’ve never heard a peep out of any of them, and no foul odors,” Norman said. “I have no problems with it.”
Neighbor Ann Osborne said she is concerned others may want to raise chickens with the new ordinance in place.
“I wonder if we’re setting a precedent for anybody who might have some extra acres to do the same thing,” she told the council.
Vestavia Hills Mayor Alberto “Butch” Zaragoza said he doesn’t know if the new ordinance will prompt others to seek to raise domestic hens.
“I can’t say if others are going to do this,” he said. “The talk of hens has been around for about six months, and so far, we’ve only had two to approach us with this request.”
Roth said his chickens will cause no problems. He said a fence surrounds his property with an added buffer provided by woods. Roth said his neighbors’ homes can barely be seen from the tall trees. In addition, he said his coop is well fortified with wood and fencing with an extra layer of wire to prevent raccoons from reaching inside with their paws. The coop also has an automatic timer that opens and closes at dawn and dusk, Roth said.
“They’re in their little coop where no predators can get to them,” Roth said.
Roth said he became interested in raising chickens through his daughter, who wanted to incubate some chickens. They acquired eggs from a breeder in Tuscaloosa.
After the eggs hatched, Roth had 16 chickens.
“Some turned out to be roosters, so we had to find homes for them,” he said. “Roosters are very loud, and to some people the rooster noise is unpleasant. They don’t just cock-a-doodle-doo in the morning. It’s all through the day. I can understand why the city doesn’t allow roosters.”
