(A) Backyard chicken hens may be kept only on single-family residential parcels subject to permitting and compliance with all of the following requirements.
(1) No more than six chicken hens are permitted per parcel. Roosters are prohibited. No person may own or keep a rooster in any district. For purposes of this chapter, a SINGLE-FAMILY RESIDENTIAL PARCEL is a lot or tract of land having, as its sole primary use, one detached single-family dwelling or one mobile home or manufactured home.
(2) Backyard chicken hen facilities shall meet all of the following requirements.
(a) Chicken hen facilities shall include a coop and runway that are fully enclosed and adequately designed and constructed to prevent escape of chicken hens and entry by predators.
(b) Coops shall be constructed with a solid top. Coops shall be placed on a concrete floor or be placed on a raised floor.
(c) Chicken hen facilities shall provide access to adequate and fresh water at all times in a manner to prevent the water from freezing.
(d) The chicken hen facilities, including coop space and run, shall be limited to a maximum of 120 square feet.
(e) The chicken hen facilities shall provide at least four square feet of space per chicken hen.
(f) Coops shall be no taller than seven feet at the highest point of the roof.
(g) 1. Chicken hen facilities shall be located in the rear or backyard of the parcel.
2. Chicken hen facilities shall not be located between the rear of the structure and the front yard lot line.
3. No chicken hens shall be permitted within any other portion of a parcel.
(h) Chicken hen facilities shall be at least five feet from the side of the property line and one foot from the rear property line.
(i) Chicken coops are considered accessory structures and are subject to the same restrictions as stated in § 156.020 of this code of ordinances.
(j) 1. A building permit is required, and approval made by the Town Superintendent, before building any part of the coop or chicken run.
2. The placement of the chicken facilities in relation to the principal structure and any other structures on the property shall be illustrated on the application.
(3) All coops and runs shall be regularly cleaned and maintained to control dust, odor and waste and to prevent the facilities from constituting a nuisance, safety hazard or health problem to surrounding properties.
(4) All waste materials shall be properly disposed of and not allowed to accumulate on the property or will be considered a nuisance.
(5) Chicken feed must be kept within the residence, garage or accessory building and must be stored in a re-sealable, air-tight metal, rat-proof container to discourage attracting mice, rats and other vermin.
(6) Slaughtering of chicken hens is prohibited anywhere within town limits.
(7) Dead animal carcasses shall be properly disposed of within 24 hours.
(8) At such time chicken hens are no longer kept upon the parcel, all chicken facilities shall be removed within 30 days and the permit shall be returned to the town.
(9) The chicken hens must be protected from predators by being closed in the chicken coop from dusk to dawn.
(10) The chicken hens must be sheltered or confined in such fashion as to prevent them from coming into contact with wild ducks or geese or their excrement.
(11) Chickens are not permitted to “free range” (i.e., not allowed to move about within an open area on the property without the benefit of a chicken coop or run).
(12) (a) The requirements of this section are minimum requirements and do not affect any private controls, including any more stringent regulations or prohibitions contained in private covenants.
(b) It is the responsibility of the property owner or applicant to confirm any covenants applicable to the property.
(13) (a) The keeping of backyard chicken hens shall only be permitted on a single-family residential parcel that is enclosed by a six-foot privacy fence on at least three sides of the parcel.
(14) Application for keeping of chicken hens must be accompanied by written approval of the real property owner upon which the chickens will be kept or proof of ownership by the applicant.
(15) The sale of eggs from the keeping of chicken hens is strictly prohibited and not allowed as a home occupation.
(16) (a) Chicken hens and/or chicken hen facilities that are not kept or maintained in conformance with the requirements of this chapter shall be deemed a public nuisance and the owner or custodian shall be given 30 days to rectify the conditions creating a public nuisance.
(B) (1) Any person keeping chicken hens pursuant to this chapter must first have been issued a permit by the town, the application for which shall be made available by the Town Clerk/Treasurer. The Town Clerk/Treasurer shall assess an application fee as shall be set by the Board of Trustees by resolution.
(2) A permit issued pursuant to this section may be revoked by the Town Clerk/Treasurer upon the conviction of the permit holder of a violation of this chapter or upon the permit holder’s entry of a plea of guilty to a violation of this chapter.
(Ord. 2023-3, Series 2023, passed 3-6-2023) Penalty, see § 90.99