[Ord. of 8-3-2010(1)]
The purpose of this article is to provide standards for the
keeping of domesticated chickens within zoning districts in which
agricultural activities generally are prohibited. The intent is to
enable residents in such areas to keep a small number of female chickens
while limiting the potential adverse impacts on the surrounding neighborhood.
These standards do not apply to zoning districts in which agricultural
activities and the keeping of farm animals are a permitted use.
[Ord. of 8-3-2010(1)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
An enclosure connected to a hen-house for the purpose of
allowing chickens to leave the henhouse while remaining in an enclosed,
predator-safe environment.
A term which applies to the provisions which allow certain
property owners to keep chickens in certain zoning districts in which
agricultural uses and the keeping of farm animals is otherwise prohibited.
The combined area of a henhouse and chicken pen.
A structure for the sheltering of female chickens. A legally
existing non-conforming detached shed, garage or barn that may be
located within the required district setback can be used for this
purpose if it meets all other standards contained in this article.
[Ord. of 8-3-2010(1)]
The following standards shall apply to the keeping of domesticated
chickens in the following zoning districts in which agricultural activities
and the keeping of farm animals is otherwise a prohibited activity:
Residential I, Residential II, Health Care, and Airport Growth zoning
districts. The standards are as follows:
(a)
No more than six chickens shall be allowed on any property, regardless
of the size of the property.
(b)
The owner or resident of a single-family dwelling unit shall be allowed
to keep domesticated chickens. In the case of a two-family dwelling
unit or a multi-family dwelling unit, the only persons who shall be
allowed to keep domesticated chickens are a person who both owns and
lives on the property.
(c)
Only female chickens are permitted with no restriction on chicken
species.
(d)
Chickens shall be kept only for personal use.
(e)
Advertising the sale of eggs, chicken breeding or fertilizer production
is prohibited.
(f)
Outside slaughtering of chickens is prohibited.
(g)
The keeping of chickens shall be prohibited at any property which
is used for a nonresidential use.
[Ord. of 8-3-2010(1)]
(a)
Chickens must be kept in a secure hen-house or chicken pen area at
all times. At no time shall chickens be kept in a residence including
attached structures.
(b)
Chickens shall be secured within the hen-house during non-daylight
hours.
(c)
Enclosures must be clean, dry and odor-free, kept in a neat and sanitary
condition at all times, in a manner that will not disturb the use
or enjoyment of abutters due to noise, odor or other adverse impact.
(d)
An enclosure shall not be located in the front yard, which is the
area between the front of the house and the adjacent street.
[Ord. of 8-3-2010(1)]
(a)
A henhouse shall be provided and designed to provide safe and healthy
living conditions for the chickens while minimizing adverse impacts
to abutters.
(b)
The structures shall be fully enclosed with latchable doors and windows.
Windows and vents must be covered with predator and bird proof wire
of less than one-inch openings.
(c)
The henhouse shall be well maintained. The use of scrap, waste board,
sheet metal, or similar materials for the construction of the structure
is prohibited.
(d)
Henhouses shall only be located in rear yards. In the case of a corner
lot, a side yard may be used in accordance with applicable zoning
district setbacks but in no case shall the henhouse be closer than
10 feet to the side property line.
(e)
No henhouse shall be located within 10 feet of a rear or side property
line.
[Ord. of 8-3-2010(1)]
(a)
Chicken pens. Chicken pens may be provided. Where provided, the chicken
pen shall be attached to the henhouse and the walls shall be constructed
of sturdy wire fencing, other than chicken wire, and buried at least
12 inches in the ground. The roof shall be covered with wire, aviary
netting, chicken wire or solid roofing in a manner to prevent the
escape of chickens.
(b)
Chicken pens shall only be located in rear yards. In the case of
a corner lot, a side yard may be used in accordance with applicable
zoning district setbacks but in no cases shall the hen-house be closer
than 10 feet to the side property line.
(c)
No chicken pen shall be located within 10 feet of a rear or side
property line.
[Ord. of 8-3-2010(1)]
[Ord. of 8-3-2010(1)]
Provision must be made for the storage and removal of chicken
manure. All stored manure shall be covered by a fully enclosed structure
with a roof line or lid over the entire structure. All other manure
not used for composting or fertilizing shall be removed from the property.
[Ord. of 8-3-2010(1)]
A person who keeps domesticated chickens shall obtain a permit
from the code enforcement officer. The person who obtains the permit
shall certify that they understand City permit requirements and that
they will comply with said standards. A person may not commence keeping
chickens until either the code enforcement officer or animal control
officer has inspected the facilities and determined that such comply
with requirements of this article. The permit shall be valid for the
length of time which a person keeps chickens. The City Council shall
have the authority to establish the cost of the permit.
The City also recognizes that some persons may have chosen to
keep chickens on properties located in zoning districts in which this
activity was prohibited prior to the adoption of this article. In
such cases, the City will allow said persons to continue to keep chickens,
provided that they obtain a permit and comply with all applicable
requirements within 180 days of adoption of this article.
[Ord. of 8-3-2010(1)]
In addition to any other enforcement action which the town may
take pursuant to 30-A M.R.S.A. § 4452, violation of any
provision of this article shall be a civil violation and a fine not
exceeding $100 may be imposed. Each day that a violation continues
will be treated as a separate offense. Violators also shall pay the
City's reasonable attorney fees.
[Ord. of 8-3-2010(1)]
Any violation of the provisions of this article or of the license
shall be grounds for an order from the code enforcement officer to
remove the chickens and the chicken-related structures. The animal
control officer may also order the removal of the chickens upon a
determination that the chickens pose a health risk. If a chicken dies,
it must be disposed of promptly in a sanitary manner.
