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Foothills County closer to approving backyard hens

Foothills County is revising its land-use bylaw to permit backyard hens on parcels less than three acres, and to provide guidelines for cannabis production and cultivation, as well as move-on homes.
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Foothills County is revising its land-use bylaw to permit backyard hens on parcels less than three acres, and to provide guidelines for cannabis production and cultivation, as well as move-on homes.

Backyard hens may be laying eggs around Foothills County.

Council gave first reading May 27 to amendments on its land-use bylaw that would permit up to six backyard hens on parcels of less than three acres in size, as well as provide guidelines for move-on homes and cannabis production and cultivation operations.

“Current bylaws we have do not allow for any livestock, including poultry, on parcels under three acres,” said Coreena Carr, Foothills County planner.

She said the County conducted an online survey in the fall to gather feedback and information from residents regarding hens, and looked at policies put in place by other municipalities in the province.

At this time, the provision for backyard hens does not apply to homes located in hamlets, she said.

“There was some concerns with some of the higher-density multi-lot hamlets where we felt it was necessary that we might need to go do additional public consultation with those hamlets directly before we start drafting bylaws,” said Carr. “We’re doing it in a phased manner.”

Roosters will not be permitted as their morning crowing is considered a nuisance to surrounding neighbours, she said.

In addition, hens are not permitted to run at-large and must be considered an accessory to a primary dwelling, though no development permit would be required to have hens on a property.

There is no slaughtering on-site, and those who are interested in raising the hens for food will be advised to take their hens to an approved facility, she said.

The first draft of the land-use bylaw amendments indicated the hens should be at least four months of age – at which point the difference can be told between a female or male – but councillors voiced some concern over that restriction, and it will be removed from future bylaw readings.

Coun. Rob Siewert said he’s done some of his own research on the topic recently as his daughter has wanted hens on their property.

“What I have learned is that you buy your chickens either as babies a day or two old, or you buy old, spent hens that aren’t good for much other than dog food,” said Siewert. “When we have a minimum of four months on here, what I know is they’re going to be very difficult to find.”

As far as move-on homes, the land-use bylaw amendment would clarify the requirements for moving homes onto a lot, whether new, or previously lived-in.

There has been some concern raised by residents in the past over people who move homes onto lots but take too long to complete work such as exterior renovations in a timely manner, said Carr. Complaints and appeals have been filed against the appearance of such homes and their compatibility with a neighbourhood.

The County conducted research in the fall with statistics on move-on homes and found there were 13 out of 259 developments in 2017, 10 of 256 in 2018, and just five of the homes in 2019 – three of which were in the same subdivision and were appealed.

While the appeals were overturned, the security deposit on the homes was raised by the board from $5,000 to $10,000 and required renderings be approved by the development officer showing what the completed home would look like.

Foothills County is following suit with its bylaw amendments, said Carr.

“We’re attempting to require additional information at the point of a development permit application, as well as recommending a higher security deposit,” she said.

A deposit of $25,000 was recommended to be part of the fee schedule, which is reviewed annually, and the County will require an extensive checklist be completed, including renderings of the structure, to approve development permits.

Coun. Alan Alger, who had expressed some concern over move-on homes, said he is satisfied with the direction of the bylaw amendments.

“As long as the neighbours are notified I guess and have an opportunity to speak their minds,” said Alger. “I also appreciate the increased amount in the security deposit.”

The cannabis production and cultivation aspects of the land-use bylaw were addressed for further clarification, as the current definitions in the bylaw were all-encompassing and did not account for different levels of operation, said Carr.

Currently, cannabis-related operations are only included as discretionary uses under the Direct Control 2 district, though council has authority to permit them through site-specific amendments in other districts if they see fit, she said.

Bylaw amendments would provide for three levels of cannabis production in the county: one that allows production amounts greater than 600 kilograms per year or cultivation of greater than 200 square metres; one that would allow production under 600 kilos per year and 200 square metres or less of cultivation; and nurseries that would permit cultivation only, and up to a maximum of 50 square metres.

“Those are the three different thresholds in accordance with the (Gaming Liquor and Cannabis) Act,” said Carr.

For more information visit www.foothillscountyab.ca

Krista Conrad, OkotoksToday.ca

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