Backyard Chicken Coop Approved Unanimously By Fairfax City Council

FAIRFAX CITY, VA — Fairfax City Council voted unanimously at its meeting Tuesday night to approve a special use request by city resident Alice M. Laing, who was seeking permission to build a chicken coop on her property at 3818 Egan Drive.

"I never imagined that my property was not large enough as I have a rather large backyard for suburban living," Laing said. "The yard was more than adequate for my 4 children to play, surely, it is large enough for four chickens to roam."

Last spring, Laing participated in a chick raising program with Great Country Farms in Loudoun County and had brought home four chicks to raise or return, according to a letter to the city council included with her application.

"The chickens are pets raised from 3-day old hatchlings in the home until the time there were safely able to be moved to a coop outdoors," she said, in the letter.

Laing, who lives in the Fairchester neighborhood, had purchased a coop that she wished to install in her backyard. The coop would take up approximately 40-square-feet and be placed approximately 5 feet from the west property line and about 90 feet from the homes at 3817 and 3819 Bevan Drive. The rear yard was separated from the neighboring properties with a board-on board fence.

At that point, Laing went to city hall, expecting to register the chickens like any other pets, such as her dog. However, that's when she learned that her property was zoned RH Residential High and keeping chickens would require a special use permit and approval from the city council.

In her application to the city, Laing said that she planned to raise four hens for egg production. The eggs would be for personal consumption and no roosters would be kept on the property.

After examining Laing's application, city staff recommended her application on Tuesday night, provided she agreed to the following:

• The keeping of chickens shall be consistent with the Application, Plat, and Statement of Support received on July 26, 2023.
• All pens must be kept dry, well-ventilated, and in a sanitary condition at all times, and must be cleaned on a regular basis to prevent offensive odors. All manure not used for composting or fertilizing shall be removed promptly. Odors from chickens, manure, or other chicken-related substances shall not be detectable at the property boundaries.
• Applicant shall ensure all activities associated with the care and treatment of hens shall be consistent with all City and Virginia laws, ordinances, and regulations.
• The City shall have the right to inspect the yard at any time.
• The Special Use Permit shall be non-transferrable.6. Hens shall be attended to by a person at all times while outside of the enclosure.
• The applicant shall obtain a Zoning Permit to allow the accessory use prior to constructing the coop enclosure, and prior to bringing chickens to their property.

Although the applicant was in the audience at Tuesday night's meeting, she declined to speak. Since no one else had signed up to speak at the public hearing, Councilmember Jon Stehle introduced a motion to approve the special use permit along with the staff's recommendations. The council then voted to approve the motion.

All of Laing's children save one have "flown the coop," the last one would be graduating from George Mason University in the spring.

"The chickens, dare I say, have provided something to look forward to each day," she said. "Always happy to greet me, willingly accept the provided breakfast and no b all talk. The dog and I seem to get along with them very well."