(A) Except as provided otherwise, chickens or laying hens may be kept on residential lots in excess of 5,000 square feet, so long as:
(1) Such chickens or laying hens are maintained on land upon which the owner or occupant resides;
(2) Roosters are not allowed;
(3) No slaughtering of chickens or laying hens is permitted;
(4) The number of chickens or laying hens allowed on a residential lot shall be governed by the following land use parameters:
(a) A minimum of two chickens or laying hens to be kept within a minimum of four square feet of run space and 18 inches of coop space per chicken or laying hen as set out in division (A)(9) below. The maximum amount of chickens or laying hens shall be governed by residential lot size as divisible by the aforementioned metrics, except there shall be no more than eight chickens or laying hens on any residential lot of 5,000 square feet to one acre;
(b) For residential lots in excess of one acre, but less than five acres, provided that the provisions of this section can be met, the following limit on the number of chickens and laying hens is permitted:
1. Excess of one to two acres: Maximum of 12;
2. Excess of two to three acres: Maximum of 18;
3. Excess of three to four acres: Maximum of 24; and
4. Excess of four to five acres: Maximum of 30.
(5) The owner or occupant of the land upon which such chickens or laying hens are kept maintained is responsible to erect and maintain a suitable barrier sufficient to insure compliance with the land use distance requirements set out in this section. Appropriate screening of the coop and run from adjacent neighbors shall be provided by the owner or occupant of the residential lot housing chickens or laying hens;
(6) Such chickens or laying hens shall be kept within a designated coop and run, which shall be located in the rear or backyard of the property, and no coop or run shall be located in the side or front yard;
(7) The coop and run shall be attached and shall be located no closer than five feet from any side or rear property line and no closer than 25 feet from any dwelling unit other than the owner/occupants. Moveable chicken enclosures are permitted as long as they meet the specifications indicated in this section;
(8) From dusk until dawn, chicken or laying hens shall be kept within the coop. During the other hours of the day, chickens or laying hens shall have access to run in a coop; and
(9) The following coop and run requirements are met:
(a) A coop is a permanent structure that in addition to protecting human health and safety, provides the chickens or laying hens with protection from the elements and predators, and must include suitable clean ventilated air, bedding, nest boxes, and roost space. Roosts should provide 18 inches of surface area, and have rounded corners and be free of splinters. One nest box per every four chickens or laying hens;
(b) Coops shall be predator resistant and any open wall or windows shall be designed and screened to prevent access by predators;
(c) Minimum size for a coop shall be four square feet per chicken or laying hen;
(d) A run is an attached enclosed area where the chickens or laying hens are safe from predators, but free to be outside the coop, but also protects human health and safety;
(e) Minimum size for a run shall be eight square feet per chicken or laying hen;
(f) Water and food shall be provided onsite and accessible at all times;
(g) Coop shall have a suitable run attached and all areas of the coop should be easily accessible for proper cleaning and to prevent odor and build-up of food or bedding. Coops shall be located in areas that are not susceptible to storm water run-off onto neighboring properties;
(h) All areas where chickens or laying hens are present shall be cleaned daily to prevent an accumulation of food, fecal matter, bedding or nesting material so as to prevent a nuisance or unsanitary condition due to odor, vermin, debris, or decay. All waste not composted shall be properly bagged and placed in garbage containers; and
(i) Any electrical or heat sources shall comply with the City Building Code.
(B) This section is not intended to be construed in derogation of or in conflict with any restrictive covenant that may be applicable to any property.
(C) It shall be unlawful for any individual to keep chickens or laying hens within the corporate limits of the city without first obtaining a permit therefor in compliance of the provisions of this section, excluding those persons whose property is zoned for agricultural purposes or is over five acres in size. The City Clerk is hereby authorized to make, adopt, and amend rules and regulations necessary for permit applications, issuance, expiration, record keeping, and revocation. The permit fee for said permit shall be $25.
(Prior Code, § 4-182) (Ord. 2020-03, passed 6-16-2020) Penalty, see § 90.999