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A. Laying chicken hens shall be permitted in association with an occupied single-family residential dwelling/structure as an accessory use, subject to the following regulations:
1. The maximum number of laying chicken hens permitted shall be six (6), for the purpose of pets or personal use. No commercial use of laying chicken hens is permitted.
2. No roosters shall be permitted.
3. Only laying chicken hens shall be permitted. Laying chicken hens may be any breed or crossbreed of chicken. No hybrids will be allowed unless properly zoned, or a conditional use permit has been approved by the planning and zoning commission.
4. Laying chicken hens shall be provided with a covered, fully enclosed and predator resistant coop which is adequately ventilated, designed for easy access for cleaning, and shall consist of an enclosed area (may include the pen) of at least five (5) square feet per laying chicken hen. Laying chicken hens shall be protected from predators by being enclosed in the coop from dusk until dawn.
5. During daylight hours, the laying chicken hens shall have access to the coop/pen at all times if the laying chicken hens are permitted outside of the coop/pen, then the area which they have access to must be secured, with a minimum of a six foot (6') high privacy fence, and if necessary, wing feathers shall be clipped to prevent the laying chicken hens from flying and escaping.
6. The coop/pen shall be cleaned and maintained so as not to cause excessive smells or odors, dust, or attract excessive insects or vermin. The frequency of cleaning shall depend on the number of laying chicken hens, the type of litter, the area of the coop, and the weather. Subsection 4-1-8C of this chapter shall apply to the enforcement of laying chicken hen waste, to include unharvested eggs, and the owner's responsibilities.
7. No butchering of laying chicken hens is permitted within the town limits.
8. Coops and pens shall be constructed a minimum of six feet (6') from side and rear property lines, and are only permitted in the rear yard of a home. If an alley is located adjacent to the property, the minimum setback for the coop/pen shall be three feet (3') from the alley.
9. It is unlawful for laying chicken hens to be at large, as defined in subsection 4-1-8B of this chapter. Any laying chicken hen found to be at large may be taken into possession and impounded by metro animal services, and shall be adopted, rehomed or euthanized if not reclaimed within two (2) working days.
10. Laying chicken hens shall be provided with access to adequate and fresh water at all times, and in a manner to prevent the water from freezing.
11. No coop shall exceed a footprint of sixty (60) square feet, or shall exceed a height of seven feet (7') at the highest point of the roof.
12. Laying chicken hen feed shall be stored in an airtight, metal container to discourage attracting mice, rats, and other vermin.
13. Laying chicken hens shall be confined in such a fashion as to prevent them from coming into contact with wild ducks or geese or their excrement.
14. The requirements of this section are minimum requirements and do not affect any private controls, including any more stringent regulations or prohibitions on the keeping of laying chicken hens contained in private covenants. Nothing in this chapter shall affect the authority of any owners' association to adopt and enforce more stringent standards for the keeping of laying chicken hens, or to prohibit outright the keeping of laying chicken hens on any property within the jurisdiction of such association. It is the sole responsibility of the property owner to ascertain if their property is restricted by any applicable controls or covenants prior to taking possession or ownership of laying chicken hens within town limits.
15. Violations of this section shall be processed pursuant to the procedures set forth in section 4-1-17 of this chapter. (Ord. 2016-04, 9-6-2016)