§ 156.035 RAISING AND MAINTAINING HENS IN RESIDENTIAL DISTRICTS.
   (A)   Raising and maintaining hens is a permitted use subject to the following conditions:
      (1)   Roosters are prohibited.
      (2)   In the R-1, R-2, RE-1 and RE-2 Zoning Districts, a minimum lot size of 12,500 square feet is required for the keeping of chickens.
      (3)   Not more than four hens are permitted on the property at any time.
      (4)   The keeping of hens is an accessory use.
      (5)   Prior to keeping a hen on the property, a coop and a pen must be constructed in conformance with village code.
      (6)   The hens must at all times remain in the coop or pen.
      (7)   The coop may not exceed 50 square feet and must have a minimum of four square feet for each hen. The pen must have a minimum of ten square feet for each hen.
      (8)   The coop must be setback a minimum of ten feet from any lot line and must be set back at least 30 feet from any existing residence on an adjacent or nearby lot.
      (9)   Coops are "accessory structures" under this Zoning Code.
      (10)   Coops may not be constructed on or over municipal easements, public utility easements or drainage easements.
      (11)   A building permit must be obtained for all coops and pens.
      (12)   Not more than one coop is permitted on any lot.
      (13)   A pen is required for each coop. The pen must adjoin the coop.
      (14)   The pen may not cover more than 25% of the rear yard.
      (15)   The pen must have a permanent, secure cover capable of deterring predators.
      (16)   Pens must be setback a minimum of five feet from all property lines.
      (17)   Pens and coops must not exceed six feet in height.
      (18)   The pen and coop must be completely surrounded by a six-foot solid wood or PVC fence. If a six-foot solid wood or PVC fence encloses the perimeter of the residential rear yard, the pen and coop may be surrounded by an open fence of six feet in height.
      (19)   Feed must be stored in a rodent proof container.
      (20)   All pens and coops shall be kept in a clean, sanitary condition free from refuse and waste.
      (21)   Chickens are only permitted within the pen and the coop.
      (22)   No odors emanating from the pen or coop may be detectable from an adjoining property.
      (23)   No hen slaughtering is permitted.
      (24)   Hens may not be kept in the R-1, R-2, RE-1 and RE-2 Districts without first having obtained a hen house license from the village. Applications for a hen house license shall be on a form provided by the Village Administrator. Such license shall be valid for one year. Licensing requirements shall be established by the President and Board of Trustees.
      (25)   After issuance of a hen house license the applicant is eligible to apply for a building permit for the coop and pen.
      (26)   Keeping of hens or roosters other than as permitted by this section is prohibited except in A-I and A-2 Districts as provided in this code.
      (27)   The following are the construction standards for the coop:
         (a)   Foundations. Any one of the following foundations is acceptable:
            1.   Coops shall be constructed in a workmanlike manner, to be moisture resistant and either raised off the ground or placed on a hard surface such as concrete, patio block or gravel.
            2.   Wood posts or precast concrete posts are acceptable foundations if they are placed at least 24 inches into the ground and firmly tamped with dirt or gravel. Wooden or pre-cast concrete posts may also be secured into the ground using anchor posts that are otherwise typically used for fencing or decks. Concrete must be used to secure the posts. All wood in contact with the ground must be pressure treated in accordance with AWPA or be decay resistant.
         (b)   Wall and roof construction. Coop walls and roofs must be designed to withstand all-natural forces such as wind, rain and snow.
            1.   Wall framing must consist of two-inch by three-inch studs at 16 inches on center. Floor and roof framing must consist of two-inch by three-foot joists and rafter at 24 inches on center.
            2.   Wall sheathing must be three-eighths inch thick, roof sheathing three-eighths inches, floor sheathing five-eighths inches.
            3.    Pre-fabricated coops shall be allowed when in conformance with the building code requirements for accessory structures.
      (28)   The keeping of chickens is only allowed as an accessory use to a residential use on a lot or parcel.
   (B)   Any person found to have violated this section shall be fined not more than $100 nor less than $75 for each offense. Each day upon which an offense occurs is deemed a separate offense. Prosecutions for violators may be under the Village Administrative Compliance Ticket (Act) powers or otherwise.
(Ord. 2018, passed 7-6-20)