POLICY DATABASE
Durham, N.C., Unified Development Code Sec. 5.4.12 (Sept. 1, 2017)
Brief Summary
Article 5.4.12 of the Durham Unified Development Ordinance allows Durham residents to obtain permits to keep domestic chickens as an accessory use of property as long as they meet certain conditions and follow the required standards. Residents may keep up to ten female chickens, and only for personal use. The ordinance regulates how coops must be constructed, distance from the property line, composting of chicken manure and use of the compost.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Community-wide
Food System Category: Grow, Get
State: North Carolina
Jurisdiction Type: City, County
Jurisdiction Name: Durham
Does the law refer to priority populations in some way?
No.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. "Uses authorized under a Limited Agriculture Permit shall not create a detriment to public health or safety" (Sec. 5.4.12(A)(5)).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
No.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "The purpose of this section is to authorize and provide standards for the keeping of domesticated chickens.  It is intended to enable residents to responsibly keep a small number of female chickens on a non‐commercial basis while limiting the potential adverse impacts on the surrounding neighborhood." (Sec. 5.4.12 (B)).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. "'Chicken', 'Chicken Coop', and 'Chicken Pen' are defined in Sec. 17.3, Defined Terms" (Sec. 5.4.12(B)(2)).
Does the law address implementation in some way?
No.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Permit Revocation and Removal of Item (Sec. 5.4.12(A)(2)).
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Durham Unified Development Ordinance, Article 5 (Use Regulations), section 5.4 (Accessory Uses and Structures), 5.4.12 Limited Agriculture (City Only).