Notwithstanding section 6-3-12 of this title, which prohibits the keeping of chickens in the City of Nyssa, the keeping of chickens shall be permitted within the City, subject to the following conditions and limitations:
A. For the purposes of this section, the following definitions apply:
CHICKEN: The common domestic fowl or its young.
CHICKEN RUN: A fenced area connected to a coop.
COOP: An enclosed structure providing roofed shelter for chickens.
B. The raising and keeping of chickens shall be allowed in the rear and side yards of single family dwellings located within the City of Nyssa in the following zones: Single-Family Residential (R-1), Medium Density (R-2), and Multi-Family Residential (R-3), Multi-Family Manufactured Home Residential (R-4), Rural Residential (R-5) and Industrial (I), excluding Commercial (C) Zone within the City; subject to the following conditions and limitations:
1. No more than five (5) hens per residence are allowed. Roosters and capons are prohibited.
2. Chickens may be kept on a single-family parcel.
3. Except when under the personal control of the owner or person responsible for the chickens, chickens shall be confined at all times within a chicken coop or a chicken run.
4. No chicken coop, chicken run or any other structure or enclosure that houses chickens shall be located closer than five feet (5') from a rear-lot line or side-lot line, nor closer than fifteen feet (15') from any dwelling or other structure capable of being used for human habitation, not including the owner's dwelling.
5. Except as otherwise expressly provided in this section, chicken coops shall comply with accessory structure requirements in the Nyssa Development Code.
6. Chicken coops shall be kept clean, dry, and free of noticeable odors and in good repair.
7. All chickens shall be shut into a chicken coop at night, from sunset to sunrise.
8. The back yard within which chickens, a chicken coop and chicken run are kept, shall be fully enclosed by a fence that complies with the requirements of the Nyssa Development Code. A four foot (4') fence is allowed if the chicken has clipped wings; otherwise the fence must be a minimum of six feet (6'). The owner of the chickens shall be responsible for keeping the chickens from running at large.
9. No chicken manure shall be put into household trash. All waste must be composted.
10. Stored feed must be kept in a rodent- and predator-proof container.
11. Chickens may be kept and used only for personal, family and household use. No person raising chickens shall sell chicken eggs; engage in chicken breeding or fertilizer production for commercial purposes.
12. The slaughtering of chickens is prohibited.
13. The keeping of chickens in violation of any of the restrictions in this section shall constitute a nuisance subject to abatement under this Code.
C. A yearly permit will be required annually on January 1. The fee will be adopted by resolution of the Common Council of the City of Nyssa. (Ord. 650-16, 11-8-2016; amd. Ord. 666-19, 12-10-2019)