The purpose of this section is to provide supplemental regulations for the keeping of honeybees, chickens (hens only), and dwarf goats in Madison County. A property is exempt from the domestic farm animal supplementary regulations if a property is exclusively tied to a farm operation or the primary occupation of the property owner is agricultural farming.
(A) Conditions for keeping bees. The purpose of this section is to create appropriate regulations for the keeping of domestic honeybees and is not intended to create regulations for the commercial sale or distribution of bees, beeswax, honey, or bee by-products.
(1) The keeping of bees shall be prohibited unless compliance with all of the conditions required by this section are maintained.
(2) Beekeeper shall be in compliance with the Illinois Bees and Apiaries Act (510 ILCS 20) and shall register the colony with the Illinois Department of Agriculture.
(3) Colonies shall not be located in the front yard setback area.
(4) Colonies shall be at least 20 feet from side and rear property lines.
(5) Colonies shall be screened so that the bees surmount a six-foot flyway barrier, which may only consist of a solid wall, fence, dense vegetation, or combination of these materials, before leaving the property.
(6) There shall be no outdoor storage of any bee paraphernalia or hive materials not being used as a part of a hive.
(7) Beekeeper shall keep each colony in a hive structure that is maintained in sound and usable condition.
(8) Beekeeper shall ensure that a convenient source of water is available at all times to bees so that bees will not congregate at a neighboring water source. The water shall be maintained so as not to become stagnant.
(9) Beekeeper shall store or dispose of bee comb or other material removed from a hive in a sealed container, building, or other bee-proof enclosure.
(10) For each two colonies, there may be maintained one nucleus colony in a hive structure.
(11) Bee keeper shall immediately replace the queen in a colony that exhibits aggressive characteristics, including stinging or attempting to sting without provocation, or a disposition towards swarming. A beekeeper required to replace a queen under this division (A)(11) shall select the replacement from bee stock bred for gentleness and non-swarming characteristics.
(12) In the event any bees from colonies shall threaten the safety of adjoining residents or the reasonable use of adjoining premises, such shall constitute a nuisance and be cause for removal of all hives from the offending premises.
(13) Madison County Code Enforcement Officials and government health officials, or their designees, may inspect the conditions where the bees are kept at any time during regular business hours.
(14) ln "A" Agriculture Districts, the keeping of not more than five colonies of domestic honeybees for private purposes only on a zoning lot whose principal use is intended to be a single-family dwelling, provided that the beekeeping is done in compliance with supplemental regulations found in § 93.100. Minimum tract size: Two acres.
(B) Conditions for keeping chickens. The purpose of this section is to create appropriate regulations for the keeping of chickens as pets and/or a personal food source. The purpose of this section is not to create regulations for the commercial sale or distribution of chickens or eggs.
(1) For the purposes of this section, the term CHICKEN includes only hens. Roosters are prohibited.
(2) In Residential Zone Districts, the keeping of chickens is prohibited without a special use permit and unless compliance with all of the conditions required by this section are maintained. A permit shall allow a maximum of five chickens.
(3) Owner shall register with the Illinois Department of Agriculture Livestock Premises Registration, and must have proof of registration on-site.
(4) A chicken coop and chicken run shall be required on all properties where chickens are kept.
(5) The chicken coop shall accommodate all chickens permitted on the property, must be located in the rear yard, and must be a minimum distance of 20 feet from the nearest property line.
(6) All chicken runs shall be located in the rear yard, be appropriately fenced to prevent the chickens from leaving the run, provide 16 square feet of permeable land for each chicken, and be located at least 20 feet from the nearest property line.
(7) Free range chickens are not permitted. FREE RANGE CHICKENS, for the purpose of this section, are defined as chickens that are not restrained by a chicken coop or chicken run as permitted and approved pursuant to this section.
(8) A metal sealable food container is required. Chicken feed shall be kept in a predator-proof/rodent-proof container.
(9) Waste material must be disposed of in a manner that will not cause odor, or attract flies or vermin.
(10) All areas where chickens are kept shall be maintained to be neat and clean and free of undue accumulation of waste to prevent odors detectable on adjacent properties.
(11) No person shall allow chickens to produce noise loud enough to disturb the peace of persons in surrounding properties.
(12) The owner of the chickens shall ensure that their birds are cared for properly when ill and disposed of in a manner that does not endanger the public health and safety when their birds die.
(13) The slaughtering of chickens kept in residential areas as authorized by these regulations shall be done within an enclosed structure out of public view.
(14) No chickens may be kept or maintained to be used for the purpose of fighting.
(15) Madison County Code Enforcement Officials and government health officials, or their designees, may inspect the conditions where the chickens are kept at any time during regular business hours.
(16) In “A” Agriculture Districts, the keeping of up to ten chickens (hens only), and up to two goats for private purposes only on a zoning lot whose principal use is intended to be a single-family dwelling, provided that the keeping of these animals is done in compliance with supplemental regulations found in this section. Minimum tract size: Two acres.
(C) Conditions for keeping goats. The purpose of this section is to create appropriate regulations for the keeping of goats as pets. For the purpose of this section, the term GOAT refers to does and wethers (neutered males).
(1) In Residential Zone Districts, the keeping of goats is prohibited without a special use permit and unless compliance with all of the conditions required by this section are maintained. A permit shall allow up to two goats.
(2) No intact male goats older than six weeks may be kept.
(3) There must be at least 130 square feet of permeable land area available for each goat, plus adequate shelter space for each goat.
(4) Adequate shelter must be provided to protect goats from the elements and to prevent wildlife or other predators from gaining entry (see § 93.051).
(5) Adequate fencing shall be provided to prevent goats from escaping when not in their shelters.
(D) Agricultural uses on non-urban tracts of land, on a zoning lot whose principal use is intended to be a single-family dwelling, provided the use is operated with sound agricultural practices and does not create nuisance. When farm animals are maintained on the property, all buildings for housing these animals shall be subject to all requirements for accessory buildings in the district and must be located at least 100 feet from the nearest existing principal building on an adjacent lot, or 50 feet from the nearest lot line whichever is greater. Not more than one livestock, including a horse, cattle, sheep, goat, pig, or similar animal is allowed per acre and not more than ten fowl, including chickens, ducks, or similar animals are allowed per acre. All grazing areas must be fenced. Minimum tract size: Five acres.
(Ord. 2014-18, passed 4-16-2014; Am. Ord. 2014-15, passed 11-19-2014; Am. Ord. 2016-02, passed 2-16-2016; Am. Ord. 2017-02, passed 6-1- 2017)