The raising of chicken hens shall be primarily for the purpose of collecting the eggs produced therefrom; this section shall not be construed to allow for the commercial slaughter or sale of any chicken hens for any purpose. No person shall keep chicken hens within the town in such a manner that a nuisance or public nuisance animal is created. At no time shall "chicken hen or hens" be construed to include "chicken rooster or roosters." A maximum number of six and no fewer than three chicken hens may be kept on a single lot or tract within the corporate limits of the town, provided that:
   (A)   Chicken hens, chicken hen houses (coops) and outdoor enclosures (runs) are permitted as an accessory to a residential or school use, not as a home occupation or other commercial purpose. Coops and runs are to be located in rear yards of properties only within the Residential Low, Light Industrial 1, Light Industrial 2, and Government and Institution (Public and Private) Zoning Districts that are situated west of the US 158/Croatan Highway, and placement must, therefore, conform with the setback requirements of § 153.082(B), Exceptions (2) Accessory structures may be built subject to the following requirements., of the Town Code.
   (B)   The owner of the chicken hens must reside on the property where the hens are kept. The owner of the chicken hens must either own the property or have written owner authorization from the property owner in order to keep chicken hens. These requirements shall not apply to the Dare County Schools.
   (C)   Chicken hens are not allowed to run at large and must be provided with both a coop and run subject to the following provisions:
      (1)   The chicken coop must provide the chicken hens with adequate protection from predators, and from the elements and inclement weather, be covered, well-ventilated, and provide a minimum of two square feet per chicken hen. Together, the coop and chicken run must provide a minimum total of four square feet per chicken hen.
      (2)   Chicken coops and runs must be regularly maintained in a manner to control dust, odor and waste and to prevent such areas from constituting a public nuisance or health hazard. The accumulation of organic material furnishing food for flies is prohibited. All manure and waste products shall be adequately composted or regularly collected and kept in tightly covered predator-, rodent-, and insect-resistant receptacles and disposed of at least once a week in a manner approved by the Animal Control Division. A written waste management plan is required to be submitted for approval by the Animal Control Division.
      (3)   The coop must be kept clean, dry and sanitary at all times; the chicken run must be kept clean and sanitary at all times.
      (4)   The coop and run must be located upon a permeable surface that prevents waste run-off.
      (5)   The chicken run must adequately contain the chicken hens at all times.
      (6)   Chicken hen food storage container(s) shall be weather-, insect-, and animal-proof and keep food dry and clean.
      (7)   Chicken hens shall be placed in their coop by 10:00 p.m. and not let out into the chicken run prior to 6:00 a.m.
      (8)   Chicken hens as defined and regulated in this chapter shall be limited to location in the Residential Low, Light Industrial 1, Light Industrial 2, and Government and Institution (Public and Private) Zoning Districts in the town.
(Ord. 13-11, passed 7-8-13; Am. Ord. 14-32, passed 5-13-15)