(A) The keeping of chickens is allowed with no limitations and without a permit in the Suburban Residential District of the city, or on a residential lot of at least ten acres in size. The keeping of chickens is otherwise prohibited in the following districts: Historic Downtown District, Highway Fixed Use District, Industrial District, Professional/Light Industrial Business Park District, Prospective Interchange Development Public Recreation Open Spaces District.
(B) The keeping of chickens in the Traditional is allowed with the following limitations.
(1) No more than five hens shall be housed or kept on any one residential lot.
(2) Roosters are prohibited.
(3) Slaughtering of chickens on the property is prohibited.
(4) A separate coop is required to house the chickens.
(5) Chickens must be secured in a chicken coop from sunset to sunrise each day.
(6) Coops must be constructed and maintained to meet the following minimum standards:
(a) Located in the rear or side yard;
(b) Setback at least ten feet from the rear or side property lines or from the alley;
(c) Interior floor space: four square feet per bird;
(d) Interior height: four feet minimum, seven feet maximum, to allow access for cleaning and maintenance;
(e) Doors: one door to allow humans to access the coop and one door for birds (if above ground level, must also provide a stable ramp);
(f) The roofed structure shall be fully enclosed, wind-proof, have one square foot of window to 15 square feet of floor space and have a heat source to maintain an adequate temperature during extreme cold conditions;
(g) Nest boxes: one box per every three hens;
(h) Roosts: one and one-half inch diameter or greater, located 18 inches from the wall and two to three inches above the floor;
(i) Coops must be elevated a minimum of 12 inches and no more than 24 inches above grade to ensure circulation beneath the coop;
(j) Rodent-proof coop construction and materials must be adequate to prevent access by rodents and raccoons;
(k) No coop shall be constructed on any lot prior to the time of construction of the principal structure;
(l) Coops must be screened from view with a solid fence or landscaped buffer with a minimum height of four feet;
(m) If the coop is over 200 square feet in size, a building permit is required; and
(n) If electricity will be installed in the coop, an electrical permit is required.
(7) A run or exercise yard is required. Runs must be constructed and maintained to meet the following minimum standards:
(a) Located in the rear or side yard;
(b) Size: ten square feet per bird if access to a fenced exercise yard is available; 20 square feet per bird if access to an exercise yard is not available. If the coop is elevated two feet so the hens can access the space beneath, that area may count as a portion of the minimum run footprint;
(c) Height: six feet in height to allow access for cleaning and maintenance;
(d) Gate: one gate to allow human access to the run;
(e) Cover: adequate to keep hens in and predators out;
(f) Substrate: composed of material that can be easily raked or regularly replaced to reduce odor and flies;
(g) Setback at least ten feet from the rear or side property lines or from the alley; and
(h) Exercise yards are required if the run does not provide at least ten square feet per bird. They shall be set back ten feet from rear and side property lines or from the alley.
(8) Chickens must not be housed in a residential house or an attached or detached garage, except for brooding purposes only.
(9) All premises on which chickens are kept or maintained shall be kept clean from filth, garbage and any substances which attract rodents. The coop and its surroundings must be cleaned frequently enough to control odor. Manure shall not be allowed to accumulate in a way that causes an unsanitary condition or causes odors detectible from another property. Failure to comply with these conditions may result in the city removing chickens from the premises.
(10) All grain and food stored for the use of the chickens shall be kept in a rodent-proof container.
(11) Chickens shall not be kept in a manner as to constitute a nuisance to the occupants of adjacent property.
(C) Any chicken coop and chicken run authorized under this chapter may be inspected at any reasonable time by the city. Factors to be considered in deciding whether the keeping of chickens creates a public or private nuisance include, but are not limited to, the following:
(1) The condition of any structure or building wherein any chicken is kept;
(2) The proximity of pens, fences and other structures to adjacent property lines;
(3) The general nature and characteristics of the neighborhood;
(4) The number of chickens kept on any one parcel;
(5) The relative size of the parcel on which the chickens are kept;
(6) The type of chickens being kept;
(7) The extent to which neighboring property is protected from the effects of chickens (e.g., solid fences, landscape screening, buffer areas and the like);
(8) The presence of objectionable odors and/or noise; and
(9) The relative danger the chicken would pose if exposed to the general public.
(D) Application shall be made to the city along with a fee according to § 36.02 of this code of ordinances. Letters of support from adjacent property owners shall be included with the application. If the applicant rents the property where the chickens will be kept, a letter of support is required from the property owner. Upon receipt of the application and fee, a permit shall be issued.
(E) (1) Violations of this section make the permit subject to revocation. Any chicken kept in violation of this section may be impounded by the city, and after being so impounded for five days or more without being reclaimed by the owner may be destroyed or sold.
(2) Any person reclaiming the impounded chicken shall pay the costs of impounding and boarding the bird at the time of its release. The owner may also be proceeded against for violation of this chapter, and his or her permit may be revoked. Any person who violates any provision of this code shall be guilty of a misdemeanor as defined by state law and subject to the penalties thereof.
(Prior Code, § 911.14) (Ord. 20180117-05, passed 1-17-2018) Penalty, see § 90.99