(A) Definitions:
CHICKEN(S): | The common domestic fowl. |
COOP: | A coop, building, pen or other enclosure, with or without an enclosed pen or hen yard, that is designed, constructed and maintained to confine fowl within the coop and to prevent access by predators and trespassers. |
FOWL: | Any domesticated egg-laying chicken hen and shall exclude all roosters and chicken hens that have ceased laying eggs. |
HEN: | A female chicken. |
POULTRY: | Domestic fowl, such as chickens, turkeys, ducks, and geese. |
ROOSTER: | A male chicken. |
(B) Requirements; Permits, Fees And Penalties:
1. The raising/keeping of hens shall be permitted on all single-family detached single-family residential zoning lots containing a minimum of six thousand (6,000) square feet as an accessory use.
2. A maximum of six (6) hens shall be permitted.
3. All hens shall be kept within a coop consisting of a covered enclosure/structure with an attached covered/enclosed outdoor area to prevent hens from encroaching onto neighboring properties.
4. An outdoor area a minimum of ten (10) square feet per hen will be required and a maximum of one hundred fifty (150) total square feet will be permitted for both the covered enclosure/structure and outdoor area. The total height of a coop may not exceed seven feet (7').
5. All enclosures/structures shall be located a minimum of twenty feet (20') from all lot lines.
6. All hens and enclosures/structures shall be kept/located in the rear yard only.
7. All areas where hens are kept shall be clean and well maintained on a daily basis, with little to no accumulation of waste. In addition, all areas where hens are kept shall not produce or cause odors that are detectable on adjacent properties. All feed shall be kept in a sealed metal container. All electrical appurtenances shall be UL listed and clearly labeled.
8. Perimeter fencing six foot (6') high, privacy/solid fencing shall be required around the entire rear yard.
9. Humane conditions are to be maintained year round.
10. Roosters are prohibited.
11. Slaughtering is prohibited.
12. No other poultry, including but not limited to geese, ducks and turkeys shall be kept on the property.
13. An initial hen permit shall be required for approval of hens, coops, and required fencing. Permit application shall be authorized by owner of property. Permit authorizes City staff to inspect property for compliance when deemed necessary. Permit approval is required prior to obtaining hens. The perimeter fence required by subsection (B)8 shall be installed prior to construction of the coop.
14. A hen permit issued by the City with a one-time fee of twenty five dollars ($25.00) shall be required. A renewal permit/registration shall be required each year thereafter, with an additional fee of ten dollars ($10.00).
15. A hen permit issued under this article shall be revoked upon the commission of three (3) violations within a period of twelve (12) months. If the permit is revoked, the property shall not be eligible for a permit for one year after revocation. Any enclosure/structure shall be required to be removed within fifteen (15) days of revocation.
16. Sales of egg(s) or hen(s) or anything related to chicken keeping is not allowed.
17. On or prior to May 1, 2021 all nonconforming properties must be brought into conformance with the keeping of hens regulations of this article. On or prior to March 1, 2021 residents with chickens and no existing privacy fence, will be required to show proof of contract for privacy fence. This period is for all purposes deemed an appropriate amortization period for each and every nonconforming property presently located within the corporate limits of the City or hereinafter located within the City by reason of annexation into the City of the lot or parcel on which the uses are located.
(C) Relief From Certain Requirements:
1. A party may obtain relief from one (1) or more of the requirements of Sections 7-5-1(B)(4) and (5) if the City Council determines:
(a) That there are practical difficulties preventing the applicant from complying with such requirement(s). Additional expense associated with complying with Sections 7-5-1(B)(4) and (5) shall not be considered a practical difficulty justifying relief; and
(b) Granting the relief will not interfere with nearby owners' use and enjoyment of their properties.
(c) The owner would suffer substantial difficulty or hardship and not mere inconvenience or a decrease in financial gain if the relief is not granted.
(d) There is a feature of the property such as slope or shape or change made to the property, which does not exist on neighboring properties, which makes it unreasonable for the owner to make the proposed improvement in compliance with this title.
(e) The relief, if granted, will not cause a substantial difficulty, undue hardship, unreasonable burden, or loss of value to the neighboring properties.
(f) The plight of the owner is due to unique circumstances.
2. Any party seeking such relief shall file a request in writing, setting forth the relief requested and the basis for the request. If practicable, the request should include a drawing or photograph of the proposed improvement. No particular form is required. If the applicant is a tenant, the owner of the property must consent to the request in writing.
3. The matter will be referred to the Municipal Services Committee for review and recommendation to the City Council.
4. Upon receipt of the request, City staff will notify all property owners within one hundred twenty five feet (125‘) of the property for which relief is sought, as measured property line to property line, of the date that the request will be considered by the Committee. The notification shall be either by personal delivery or first class mail and shall include a copy of the request.
5. Following receipt of the Committee's recommendation, the Council will then by motion either grant the request (with or without conditions) or deny the request. The decision of the Council is final.
6. A party who had an operational coop and perimeter fencing or vegetation screening around the entire rear yard as of October 5, 2020 is also eligible to seek relief from Section 7-5-1(B)(8). (Ord. 0-19-20, 10-5-2020; amd. Ord. O-21-20, 11-2-2020)