§ 97.03 BACKYARD CHICKEN REGULATIONS.
   (A)   Limit upon number. No more than 8 chickens may be owned by any licensee at any 1 time.
   (B)   Female chickens. Only female chickens (hens) may be owned or maintained on a licensee’s property. It shall be unlawful to keep or maintain roosters on the property.
   (C)   Slaughtering. No slaughtering of chickens shall occur in public view. Any slaughtering shall be conducted in a humane fashion.
   (D)   Chicken enclosure.
      (1)   Chickens shall be kept in a coop or run at all times.
      (2)   No chicken enclosure shall be erected or maintained within 10 feet of any occupied residence other than that of the licensee. Chicken enclosures shall not be located within any recorded easement area nor within the minimum setback areas for the R-1 Zoning District.
      (3)   Chicken enclosures shall only be erected or maintained in the rear yard and behind the principal structure on the licensee’s lot.
      (4)   Chicken enclosures shall provide at least 4 square feet of area for each chicken housed. Construction plans and a site plan must be approved by the Diamond Planning and Zoning Office. There is no permit fee for chicken enclosures of 100 square feet or less. Chicken enclosures of more than 100 square feet shall be the same fee as for a shed permit.
      (5)   Chicken enclosures must be maintained in a sound and useable condition and shall comply with the village’s property maintenance code.
      (6)   Chicken enclosures must be constructed of sturdy and weather-resistant materials, such as, without limitation: sturdy wire, wood, hardware cloth. Chicken enclosures must include a covered top.
      (7)   Chicken enclosures shall be resistant to predators. All access doors must be able to shut and locked. All opening windows and vents must be covered with predator-proof wire with less than 1-inch openings.
      (8)   Chickens shall be provided with adequate open space in the form of an enclosed chicken run. The run must be attached to the coop and be covered on all sides, including the top.
      (9)   Electrical service to enclosures shall comply with all village building and electrical codes, rules and regulations. Under no circumstances shall electrical service be provided to an enclosure and/or shelter by using extension cords or other temporary means.
      (10)   Licensee must remove the chicken enclosure prior to selling or moving from the property that the license was issued for.
   (E)   Rear yard fence. The entire rear yard must be enclosed by a 6-foot privacy fence. All fences must be approved by the Diamond Planning and Zoning office. The licensee shall be required to complete and submit a fence permit application and pay the required fence permit fees.
   (F)   Sanitation. The enclosure and open space must be kept clean and sanitary at all times.
   (G)   Rodent protection. All feed and other items associated with the keeping of chickens shall be protected from or to prevent rats, mice, or other rodents from gaining access to or coming into contact with the feed.
   (H)   Nuisances. No licensee shall permit:
      (1)   Noxious or offensive odors from chicken-keeping, including the odor of chickens or manure, to be perceptible at or beyond the boundary of the licensee’s property;
      (2)   Offensive noise from chickens that disturbs the peace at any time; or
      (3)   Any other public or private nuisance resulting from the permitted activity, whether by litter, droppings, feathers, waste, or attraction of pests or rodents.
   (I)   State registration. The licensee’s premises upon which chickens are kept shall be registered with the Illinois Department of Agriculture, and proof of registration shall be maintained on site.
   (J)   Covenants and Health Code. Nothing in this chapter shall be construed to permit the keeping of chickens when such activity is prohibited by private covenants, conditions or restrictions governing the use of property, or by rules, regulations or orders issued by the Illinois Department of Health or the Grundy County or Will County Health Departments.
   (K)   Accessory building. All chicken enclosures shall be considered an accessory building under the Diamond Zoning Code and therefore are subject to the maximum lot coverage and percentage of required rear yard occupied requirements.
   (L)   Compliance. All persons keeping chickens as of the effective date of this chapter shall have until December 31, 2020 to bring their property into compliance with this chapter.
(Ord. 2019-26, passed 12-10-2019) Penalty, see § 97.99