(a) Introduction.
(1) Chickens and ducks may be kept on residential parcels or lots as an accessory to a principal permitted single-family residential use, subject to the regulations in this section.
(2) The regulations in this section apply to residential parcels or lots that are zoned R-E, Estate Residential District, R-L, Large Lot Residential District, R-M, Modified Low Density Residential District, R-l, Low Density Residential District, R-2, Medium Low Density Residential District, and R-3, Medium Density Residential District.
(3) The Village of Franklin recognizes the benefits of locally produced agricultural products. The adoption of these regulations is intended to legalize the keeping of chickens and ducks in a responsible manner.
(b) Purpose. The regulations in this section are intended to establish the conditions under which chickens and ducks may be kept in certain residential areas of the Village of Franklin. Some residents wish to raise chickens and ducks because of a desire for healthier dietary practices, community sustainability and resilience, and greater access to safe and healthy food options. Concerns about disease and pestilence exist when farm animals and people live in proximity. Nuisance concerns also exist, due to odors, noises, and other impacts associated with farm animals. The regulations in this section are intended to address these concerns, allow chickens and ducks on residential parcels and lots, and minimize social conflict and public health impacts.
(c) Private, Non-Commercial Use. Chickens and ducks kept and maintained under this section shall be for private, non-commercial use only.
(d) Sanitary Requirements; Nuisances. It is unlawful and shall be considered a nuisance for any person to keep or maintain, or allow to be kept or maintained, upon any premises owned, controlled, or occupied by the person, any chickens or ducks that are in foul, obnoxious, malodorous, or filthy conditions or that may become detrimental to the public health, safety, and welfare. All places where chickens or ducks are kept shall be maintained in sanitary condition and shall be cleaned as often as necessary to avoid being a nuisance.
(e) Zoning Permit Required. A person intending to keep chickens or ducks on a residential parcel or lot shall obtain a zoning permit from the Village prior to acquiring the chickens or ducks. By signing the permit application, the applicant attests that he or she will abide by all the regulations contained herein for as long as the chickens or ducks are kept. A zoning permit for the keeping of chickens or ducks shall not be transferrable from one property owner to another. The Village may revoke a permit granted under this subsection upon finding of noncompliance with the requirements set forth herein. The application for a zoning permit shall be accompanied by a plot plan that shows the location and dimensions of the coop and pen in proximity to property lines, dwellings, and potable water wells.
(f) Applicability of Private Restrictions. Notwithstanding the regulations set forth in this section, private restrictions on the use of property for keeping of farm animals shall remain enforceable. Private restrictions include, but are not limited to, deed restrictions, restrictions in condominium master deeds and bylaws, subdivision association bylaws, and covenant deeds. The interpretation and enforcement of private restrictions is the sole responsibility of the private parties involved.
(g) Regulations for Keeping Chickens and Ducks. The keeping of chickens and ducks is permitted, subject to the following regulations.
(1) Gender. Only female chickens (hens) shall be kept on residential parcels or lots. For example, keeping of mature roosters is prohibited. Both drakes (male ducks) and hen ducks may be kept.
(2) Number of birds. The following chart indicates the maximum number of birds permitted on a parcel or lot:
Size of Parcel or Lot | Maximum Number of Hens or Drakes |
Less than ½ acre | 6 |
½ acre to 1 acre | 12 |
Each additional ½ acre | Up to 6 |
(3) Location and setbacks.
A. Facilities and structures related to the keeping of chickens and ducks shall be located to the rear of the residence.
B. Coops and pens (as defined in item (4) below) in all districts shall comply with the following setbacks.
1. Coops and pens shall comply with the minimum front yard setback requirements for principal structures specified in the Schedule of Regulations, Appendix B.
2. Coops and pens shall be set back a minimum of thirty feet from side and rear property lines.
3. Coops and pens shall be set back a minimum of fifty feet from any building on an adjacent property used as a dwelling.
4. Coops and pens shall be set back a minimum of twenty feet from the applicant’s residence.
C. Manure storage facilities shall be located to the rear of the residence and set back minimum of fifty feet from all property lines.
(4) Coop and pen design. A “coop” (also called a “henhouse”) is a completely enclosed structure that provides shelter for chickens and ducks. A “pen” is a fenced enclosure, typically attached to the coop and mostly open to the elements, that allows chickens and ducks to leave the coop while remaining in a predator-safe environment. The coop and pen shall comply with the following specifications.
A. Materials. Coops and pens must be constructed of durable, weather-resistant materials. The use of corrugated metal or fiberglass, sheet metal, plastic tarps, scrap lumber, or similar materials that would detract from the appearance of the property and neighborhood shall be prohibited.
B. Elevation of structures. The coop shall be designed to prevent rodents or other animals from being harbored underneath, inside, or within the walls of the structure. One method of achieving this is by elevating the coop at least eighteen inches above grade.
C. Coop features. Coops shall have a roof and doors that can be tightly secured. They shall be readily accessible for cleaning. They shall be properly ventilated and have adequate sunlight.
D. Coop and pen size. Each chicken or duck must have a minimum of three square feet of space in the coop and ten square feet in the pen. Coops shall not exceed one hundred square feet in area and six feet in height.
E. Pen height. If the pen is not covered, then it must be at least forty-two inches in height and the birds’ wings must be clipped to prevent them from leaving the pen.
F. Cleaning requirements. Coops and pens shall be cleaned regularly to prevent accumulation of food, fecal matter, and nesting material that would create a nuisance or unsanitary conditions due to odor, vermin, debris, or decay.
(5) Additional regulations.
A. Feed storage. Feed shall be stored in sealable containers to prevent access by rodents or other animals.
B. Containment. Chickens and ducks shall be always kept inside a pen and must be shut in their coop from sunset to sunrise. However, the birds may be allowed to roam outside of the pen during daylight hours, provided a person is present with the birds at all times and the birds are kept in the rear or side yard.
C. Sales. Selling of chickens and eggs on-site is prohibited.
D. Slaughtering. Slaughtering of chickens and ducks within Village boundaries is prohibited.
E. Removal of dead birds. Dead chickens and ducks and waste eggs shall be promptly bagged and disposed of.
F Manure storage and removal. Stored manure shall be placed in a fully enclosed container. No more than three cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed from the site.
(Ord. 2023-01. Passed 8-14-23)