The story was originally published in The Sylva Herald, Feb. 16 edition
Story with shared by line with SH editor Dave Russell
Three and a half hours, a handful of contentious issues, about 70 attendees and 30 commenters and a 2,669-word Sylva Herald story. Sylva Town Hall last Thursday hosted a town board meeting for public comment on the town’s new zoning ordinances and the creation of a social district, bringing an impassioned crowd.
Sylva leaders have since January, 2021 worked with Withers-Ravenel, a civil and environmental engineering firm serving Asheville and other North Carolina municipalities, on updating the town’s codes and rules.
The town had an assessment of its ordinances in 2019 and using that review, Withers-Ravenel worked to update and streamline the ordinances, install form-based code and meet state requirements.
Part of that rewrite had to do with livestock, and the issue of keeping chickens brought about half the commenters to the meeting, and for the most part the first portion of the meeting was about chickens.
Chickens: Joy or nuisance
Karen Mallo of Withers-Ravenel outlined the proposed ordinance governing chickens.
“Chicken keeping is proposed to be allowed in the LDR (low density residential), MDR (medium density) and HDR (high density), so that’s all three of the residential zoning districts,” Mallo said.
The proposed ordinance would not allow livestock in the downtown business district, meaning Sylva’s most visible flock of chickens, at the Jackson Arts Market next to the Sylva Herald building, would have to go.
Roger Stephens spoke first.
“The only concern I have with this is the regulation on the land use and I would like to recommend if you are going to put restrictions on chickens … we need to put restrictions on the breweries,” he said.
Mollie Harrison spoke in favor of the chickens at the Arts Market.
“The only type of businesses I can imagine this being an issue with are the ones that involve sleeping, but most hotels and inns are far from the roosters,” she said. “I can assure you that for every negative comment on the rooster crows, there are 50 smiles from their presence in our community. Let’s not allow a couple of complaints to ruin such a great experience for hundreds of others.”
Chloe Burnette disputed the ordinance at every turn, saying she saw no reason for a limit on lot sizes, the requirement for single-family dwellings with the chickens at the back of the lot, the 15-foot setbacks, the need for chickens to spend the night in coops.
“Most chickens prefer to sleep in the trees at night,” she said. “It’s a silly rule to address where they sleep at night.”
The limit of 10 hens is too few and roosters should be allowed, she said.
“It does not make sense for many chicken owners, especially those who collect eggs … and roosters, they’re great,” she said.
Kayla Peck told the assemblage the chickens are part of downtown’s businesses and residents’ lives.
“If you want to keep Sylva Sylva, it needs the chickens,” she said.
Aaron Hinesley considers the chickens a tourist attraction.
“When I invite friends and family to Sylva, the main thing that they mention is the chickens,” he said. “That’s what makes our town unique.”
Brendon Voelker, an artist who sells his wares at the JAM, said the chickens make JAM his favorite market.
“It’s really just amazing when you see the kids come in, the parent comes in, even the college kids come in … they bring so much joy to so many people’s lives,” he said. “I think the regulations limiting those down to 10 takes away from their ability to effectively have a flock.”
Mark Jones of Sylva (not the county commissioner of the same name) spoke on the social district.
“Is this social district designed to help all the businesses?” he said. “Banks? All the businesses? If that’s the design, then we have a problem. Three of the board members own a business downtown. You all have monetary gains in this.”
Quoting the town’s proposed ordinances, Jones told the board a member cannot vote on any regulation “where the outcome of the matter being considered is reasonably likely to have a direct, substantial and readily identifiable financial impact on the member.”
“You want these people to come, so they will buy your beer, buy your products. That’s a conflict of interest,” he said.
He suggested Mayor Lynda Sossamon consult with town attorney Eric Ridenour.
“Don’t tell me that 2,000 college students are not going to show up here on Friday night,” Jones said. “There’s going to be urine in every corner, feces in every corner, looting. You’re going to bring it in. It’s happening in every other city.”
Vangie Jones spoke against the ordinance update.
“There was a lot of hardship going on in 2020,” she said. “A lot of people resorted to chicken keeping, beekeeping, growing crops on our own land, and I feel like this ordinance is here to attack that.”
She questioned the choice of Withers-Ravenel for the rewrite.
“You contracted a business that does not know this town at all,” Jones said. Referencing Mallo, Jones continued “Did she talk to one person in this room about what we wanted? How we felt? What we wanted to do with our land?”
The update was more about attracting tourists than the welfare of Sylva residents, she said.
Cameron Jones held a Bible as he addressed the board.
“The big picture here is life, liberty and the pursuit of happiness and we all have that right,” he said. “I feel this whole thing steps all over that, limiting what people can grow on their land. Do you think you are going to have more trouble having a bunch of chickens running around, or a bunch of inebriated folks running around? What’s going to cost you more money in the long run?”
Anne Link spoke in favor of the chickens and brought up working on cars, as did Aaron Rackeman.
Both expressed concerns that provisions in the ordinances disallow working on vehicles outside of a garage, but Mallo, speaking remotely, assured them those provisions applied to commercial garages only.
Joshua Murch, the organizer of the Jackson Arts Market and owner of the flock of about 30 chickens, spoke against the social district, but said he loves his chickens.
Town board member Ben Guiney owns chickens and questioned limits on the number of chickens allowable, he said.
“When we’ve had 10 or 12 chickens, it’s a lot of work,” he said. “I would be open to increasing the number to 15 or 20. There have to be limits. Someone having 100 chickens in their back yard is not good for the chickens, it’s a public health issue, so those are the kinds of guidelines we’re trying to work through.
“Ordinances are really there to protect the neighbors as well. That’s what these ordinances do. They try to strike a balance between letting people do what they want with their land but also not impact negatively their neighbors,” he said.
Board member David Nestler suggested striking the changes in the codes dealing with chickens and short-term property rentals, such as Airbnbs.
The chicken rules were very controversial, he said.
“It has upset a lot of people, it has upset me,” Nestler said. “So I think we look at that another day and leave it as is, with very little regulation.”
The town’s planning board can take more public comment and refine ordinances on both, he said.
“I just want to say a few words about living downtown,” board member Greg McPherson said. “It’s very close quarters.”
Addressing Murch directly, he said, “I’ve not complained about your roosters at all, but your rooster wakes me up every night at 2 o’clock in the morning. Every night. You live in a community where you have neighbors and you are not sensitive to that. This ordinance is not about getting rid of your chickens, it is about getting rid of 50 chickens that are living in the mud at this point.”
“You’re talking down about how I take care of my chickens,” Murch replied. “I’ll hear you.”
“Your lot needs to be regulated because it is not sanitary,” McPherson said. “Your rooster needs to go away because I don’t want to be downtown in a business where I would like some peace and quiet and hear your rooster.”
“That was the issue for you last night?” Murch asked. “Not the people who were coming out of the bars? Are you kidding me? At 3:30 last night I was up. It was not my chickens. They are quiet.”
“I was also up,” McPherson said. “Because of your rooster.”
Mayor Lynda Sossamon pointed out it was not the time for the back and forth conversation.
“I just think that in this ordinance there needs to be some process for us to talk about the noise these animals are making,” McPherson said. “If we have every single-family detached dwelling downtown having a rooster, it is a very uncomfortable situation for anybody who lives downtown.”
The town will move forward using its current livestock ordinance and sent the issue to the Planning Board, which meets at 5:30 p.m. today (Thursday) to discuss the ordinances, but the chicken rules would not be on the agenda, Sylva town Manager Paige Dowling said.
The board adopted the rules in the new set of ordinances for regulating AirBnBs, but plan to revisit the issue following discussion by the Planning Board.
Sylva’s social district
Following the ordinance discussion, the Sylva Town Board took on the topic of the proposed social district in town, allowing folks to walk in a designated area downtown carrying alcoholic beverages bought from vendors in the district.
Luther Jones spoke first, concerned about who pays for signage, hiring new police, additional garbage receptacles and pickup.
“I object to the use of monies from the tax base of the town of Sylva to pay for this,” he said.
Roger Stephens argued he does not think the creation of the social district will benefit anybody.
“I have children, grandchildren, great-grandchildren and I would hate for them to … have to meet people walking along the sidewalk and things with alcoholic beverages in their hand,” he said.
Vangie Jones started by saying she was starting to question the decision-making abilities of the board, citing board denial of St. Mary’s Catholic Church to have a cemetery on their property.
“And now, you’ve decided we need a place for people to party,” she said.
The creation of the social district would create a hazard, unless the board closes West Main Street downtown and created a two-way Mill Street, she said.
Raymond Large III, a local attorney, spoke next. Large argued that the social district will not benefit business owners of Sylva. He mentioned how the legislation currently states that businesses will have to put a sticker on their cups identifying themselves as the one who served someone a drink. There is nothing within the legislation that protects business owners from liability after a customer leaves the premises with that labeled drink in hand, he said.
“I would not advise any business seeking my legal counsel to participate in such a practice that opens them to potential criminal and civil liability,” Large said.
Next was owner of Snake Song and the Cut Cocktail Lounge, Jacque Laura, representing her businesses, staff and Guadalupe Cafe, she said.
Laura spoke about the lack of available public transportation in Sylva compared to other cities.
“The second I give you a beverage, and you’re gone, I can’t talk you into not driving,” she said.
She said that if she were to opt out, that does not mean she would not be participating in the social district. She argued that her staff would be forced to take responsibility for her customers drinking.
Mick McCardle, owner of LuLu’s on Main, worried his staff would have to police their customers. He asked how the social district would be enforced and how businesses would able to handle the drinking customers coming and going.
Garret Craig, a community member, originally came to show his support of the social district but after hearing the community complaints expressed a change of heart.
Craig mentioned how social districts have been done in many cities and that he hasn’t “heard any horror stories like I’m hearing suggested may happen.”
Cameron Jones said there were enough places to drink in Sylva that there is no need to drink from one place to another. Jones then touched on alcohol causing abuse, addiction and a “temporary high.”
“If you want something that’s lasting, here it is,” he said as he held up a Bible, garnering a few “amens” from the crowd.
Corey Bryson of Balsam Falls Brewing said that he does not see how it would be beneficial to businesses.
However, Bryson also expressed that there were big picture elements to the creation of a social district. Bryson viewed the social district as a benefit to the town and would give families the ability to enjoy downtown more efficiently.
“This is not turning downtown Sylva into Bourbon Street on Mardi Gras,” Bryson said.
“Have a little respect for Christian people,” said Todd Bryson, who has filed to run for county commissioner in District 1. Bryson said it would be a shame for children to see people walking down the street drinking alcohol when they are attending church.
“God have mercy on each one of y’all,” he said. “You can sit there and smile. I can see your little smiles, smirks under all y’all’s masks … But it’s ridiculous.”
Scott Burr of Jackson Tech Repair on West Main Street said Sylva’s infrastruture is inadequate compared to other cities that have a social district, citing a lack of options to get people home, such as Uber and other forms of public transportation.
Steve Baxley of Baxley’s Chocolates said many customers in his shop tell him they are excited to find a place where alcohol abuse in public areas is not an issue, and that it would be a detriment to tourism.
Kathryn Barnes was very concerned about the safety issues the social district could potentially cause, she said. Her husband, Melvin, was killed when a drunk driver hit their car head-on in 2016. Barnes finished with a tearful plea to the board to not pass the social district.
Before the vote, a 30-minute discussion commenced between the members of the board.
Board member Mary Gelbaugh expressed her dissent for the social district, citing openings in the police department, litter and a lack of trust in people to do the right thing.
“If you use a plastic cup, you keep it in your car and you pull out your (beer) and fill it up later,” she said. “I’d say I’d do it. I think other people might do it, too. We’re all sinners, we all screw up, we all make mistakes, and I don’t have that much trust.”
“I think we are way over-suspicious of people’s intentions in Sylva, it is a community-oriented town center,” Nestler said. “I think people are good and we can trust them.”
Guiney agreed with Nestler but said he did not see a “big win” for implementing a social district. Guiney said that he does not agree with the way the current ordinance is written.
McPherson brought up that law enforcement does not believe there will be many problems with the creation of a social district. He said that the lack of amenities in Sylva is a problem, and that this would be a very small amenity.
McPherson suggested amending the ordinance, changing the starting time from 10 a.m. to 1 p.m. on Sundays to accommodate downtown churchgoers.
Last to speak was Natalie Newman, agreeing that many of the concerns brought up were not related to the social district, but that if any do occur, the board can address them.
“I think we have to put trust in our neighbors that they will do the right thing,” Newman said.
The social district passed with McPherson’s amendment.
Nestler, McPherson and Newman voted in favor, Guiney and Gelbaugh against.
