No person shall keep chickens or rabbits in any district lots, excluding agriculture not
used as a dwelling and school uses, unless the following conditions are met:
(a) No person shall engage in the keeping of chickens, rabbits, or similar animals without a certificate of zoning compliance that specifically identifies such use in compliance with the requirements of Section 1155.10 - Regulation of the Keeping of Farm Animals.
(b) No person shall keep chickens, rabbits, or similar animals on a vacant or uninhabited tract of land. All chickens, rabbits, or similar animals shall be located on a property containing a principal structure.
(c) Number. Allowed densities for keeping any combination of chickens and rabbits: no more than six (6) animals shall be allowed for each single-family dwelling.
(d) Setbacks. Coops or cages housing hens, rabbits, or similar animals shall be kept at least twenty-five (25) feet from the door or window of any dwelling or occupied structure other than the owner's dwelling. Coops and cages shall not be located within five (5) feet of a side-yard lot line, nor within eighteen (18) inches of a rear-yard lot line. Coops and cages shall not be located in the front yard.
(e) Enclosure. Hens, rabbits, or similar animals shall be provided with a covered, predator-proof coop or cage that is well-ventilated and designed to be easily accessed for cleaning, and of sufficient size to permit free movement of the animals. The coop shall allow at least one (1) square foot per hen. Hens or rabbits shall have access to an outdoor enclosure that is adequately fenced to contain the farm animals on the property. There shall be no more than one (1) sheltering structure on the property.
(f) Feed Storage. All feed shall be stored in rodent-proof containers and animals must not be fed in a manner likely to attract rodents, such as dispersing the feed on the ground.
(g) Sanitation. The coop and outdoor enclosure must be kept in a sanitary condition and free from offensive odors. The coop and outdoor enclosure must be cleaned on a regular basis to prevent accumulation of waste.
(h) Slaughtering. There shall be no outdoor slaughtering in the line of vision of any neighboring properties, or otherwise out of public view. All waste must be bagged and disposed of with household trash to prevent nuisance and health hazards.
(i) Prohibited Poultry. No person shall keep any roosters, ducks, geese, peafowl, guineafowl, pigeons, turkeys, or similar animals on any district lot.
(j) Alpacas, Cows, Deer, Goats, Horses, Llamas, Ponies, Sheep, Swine, and Similar Animals. The keeping of alpacas, cows, deer, goats, horses, llamas, ponies, sheep, swine, and similar hoofed farm animals, and stables and enclosures for the keeping of such animals on any district lot, shall require a Special Use Permit in accordance with Chapter 1113 of this code.
(k) No predatory birds may be kept on any property under the regulations of this section.
(l) Strictly for personal or household use. Commercial use is prohibited.
(m) Permit. A Certificate of Zoning Compliance is required.
(1) Information required. Applicants seeking to engage in keeping farm animals must apply for and receive a certificate of zoning compliance. If the applicant is someone other than the property owner, the application must include a notarized statement of support, signed by the property owner. In addition to the requirements of Section 1105.03 -Application for Zoning Permit, the following information must be included on the site plan or in accompanying documentation:
A. A description of the type and number of animals to be kept.
B. Sheltering structure type.
C. Location of sheltering structure with all setbacks from property lines indicated. If using a portable sheltering structure, indicate the yard area in which the sheltering structure will be kept.
D. Location and manner of containment of outdoor areas with all setbacks from property lines indicated. If using a portable containment system, indicate the yard area in which the system will be kept.
E. Feed storage container location and type.
F. Location, method, and schedule of manure storage and disposal.
G. Any other relevant information related to keeping the animals, if requested by the Commissioner of Zoning.
(2) Conditions. Notwithstanding compliance with the various requirements of this section, hens, rabbits, or similar animals shall not be kept in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others or interfere with the normal use and enjoyment of any public property or property of others. Hens, rabbits, or similar animals shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. It is the responsibility of the person keeping hens, rabbits, or similar animals to be aware of and abide by all applicable local, state or federal requirements including but not limited to the Ohio Department of Agriculture's Ohio Livestock Care Standards and private deed or covenant restrictions.
(3) Application will be filed with the Toledo-Lucas County Health Department, which shall make a determination of whether to issue such permit and under such terms and conditions as are necessary to minimize any negative impacts on neighboring properties. Permits will be granted on an annual basis. If the City of Oregon receives no complaints regarding the permit holder's keeping of hens, ducks, rabbits, or similar animals, the permit will be presumptively renewed, and the applicant may continue to keep hens, ducks, rabbits, or similar animals under the terms and conditions of the original permit. The Health Department may revoke the permit at any time if the permit holder does not follow the terms of the permit, if the Health Department receives substantiated complaints regarding the permit holder's keeping of hens, ducks, rabbits, or similar animals, or the Health Department finds that the permit holder has not maintained the farm animal sheltering structure or outdoor enclosures in a clean and sanitary condition.
(n) Penalty. Whoever violates any provision of this chapter is guilty of a misdemeanor in the fourth degree. Each day's violation shall constitute a separate offense.
(Ord. 090-2024. Passed 5-28-24.)