§ 152.056 CHICKENS (HENS ONLY).
   Any residential property used to raise chickens shall be subject to the following requirements:
   (A)   No person shall possess a chicken unless a license has been issued as set forth in this section.
   (B)   The number of chickens allowed shall be a maximum of six hens per permitted property.
   (C)   Roosters are prohibited within the village limits.
   (D)   Coops and associated runs are considered an accessory structure as defined in § 152.046 and must meet all standards outlined therein.
   (E)   Permit required. Construction for all coops and runs require a building permit.
   (F)   Care. Care for hens shall follow the following provisions:
      (1)   A coop and run must be provided.
      (2)   No hen shall be permitted to run at large. Hens shall be kept in a designated coop or run. Hens may be allowed to exercise in a rear yard with a six foot or higher fence with supervision.
         (a)   If the coop and run are not within a fenced yard, hens must be kept within the coop and run at all times.
         (b)   All fencing must meet the standards outlined in § 152.050(D).
      (3)   Feed must be stored in a fully enclosed, rodent-proof container.
   (G)   Housing. Housing for hens shall follow the following provisions:
      (1)   Location. Coops and runs shall be located only in the rear yard of a primary residential structure.
      (2)   Setbacks. Coops and runs shall be located at least ten feet from the property line and at least 20 feet from any neighboring dwelling.
      (3)   Height. Maximum height for a chicken coop shall be ten feet.
      (4)   Design. The coop must be built to provide ventilation, shade, protection from precipitation, protection from cold weather and to be secure from predators, wild birds and rodents.
         (a)   Openings in windows and doors must be covered by wire mesh or screens to deter predators.
         (b)   Access doors must be sized and placed for ease of cleaning.
         (c)   The enclosed run must be attached to the coop or must surround the coop. The sides of the run must be made of fencing or wire mesh that discourages predators.
         (d)   The run must be enclosed on all sides, including the top or roof plane.
      (5)   Size. The coop shall provide a minimum of five square feet of floor area per hen. The run shall provide a minimum of ten square feet of floor area per hen.
      (6)   Maintenance. The coop and run shall be kept in a clean, dry and sanitary condition at all times. Manure, uneaten and discarded feed, feathers and other waste must be removed regularly and at a minimum of once per week.
         (a)   Odors from hens, manure or related substances shall not be detectable from property lines.
         (b)   Manure must be stored and disposed of. Manure may be composted. All manure not composted must be removed from property regularly and at a minimum of once per week.
         (c)   Waste from hens shall not be burned.
   (H)   License. Licenses will only be granted to persons who reside on and own parcels with established single-family and two-family dwellings. No person shall establish a coop without first obtaining a license from the village. Licenses shall be issued when all conditions outlined in this section are met.
      (1)   The village may deny a license to any person who:
         (a)   Owes money to the village; or
         (b)   Has, in the last five years prior to application for a license under this section been convicted or pled guilty to any violation of the Village Code regarding animals, noise, property maintenance or zoning.
      (2)   All licenses pursuant to this section shall be valid for up to one year from the date of issuance and may be automatically renewed on May 1 annually if the licensee has been in compliance during the previous year. If the licensee is found to be in violation of the standards outlined in this section, the license will be allowed to expire at the end of the period. A new license will only be issued after the coop and run have been inspected and determined to meet all requirements outlined herein.
      (3)   If the licensee is found to be in violation of § 92.04, the license will be immediately and permanently revoked.
      (4)   Only one chicken coop license will be issued per zoning lot. A zoning lot consisting of multiple platted lots shall be considered one lot.
      (5)   Coop licenses are non-transferrable.
      (6)   Fee. The coop license fee shall be set from time to time by resolution of the Village Board of Trustees. This license shall renew automatically if the licensee is in compliance with all standards set forth in this section. No charge is incurred for licenses that renew automatically.
   (I)   Penalties. In addition to the general penalty set forth in § 152.999 and in § 92.99, the owner of any coop is subject to the following additional penalties:
      (1)   A person found to be keeping hens without a coop license will have seven days from notification to achieve compliance with these standards.
      (2)   A licensee found to be in violation of the standards outlined in this section will have seven days from notification to achieve compliance. If compliance is not achieved, the license will be revoked. The licensee may apply for a new license, subject to site inspection. If the licensee is found to be in compliance after inspection, a new license may be issued.
      (3)   If the licensee is found to be in violation of these standards three or more times, the license will be immediately and permanently revoked.
      (4)   Hens, coops and runs not maintained according to this section shall be deemed a public nuisance.
(Ord. 20-09-03, passed 9-22-2020)