[Amended 7-27-2012 by Ord. No. 12-05]
The purpose of this article is to provide standards for the
keeping of domesticated fowl on "single-family residential lots".
It is intended to enable residents to keep a small number of female
domesticated fowl on a noncommercial basis while limiting the potential
adverse impacts on the surrounding neighborhood. The City recognizes
that adverse neighborhood impacts may result from keeping of domesticated
fowl as a result of noise, odor, unsanitary animal living conditions,
unsanitary waste storage and removal, the attraction of predators,
rodents, insects, or parasites, and non-confined animals leaving the
owner's property. This article is intended to create standards
and requirements and ensure that domesticated fowl do not adversely
impact the neighborhood surrounding the property on which the domesticated
fowl are kept. It shall be lawful for any person to keep, permit or
allow any fowl within the corporate limits on any property that does
not fit the definition of "single-family residential lot" as defined
within the definitions of this chapter and further meeting all other
terms and conditions of this section.
[Amended 7-27-2012 by Ord. No. 12-05]
No person shall permit the keeping of domesticated fowl on a
"single-family residential lot" without first securing any required
permits from the City on a form provided and without paying a permit
fee as may be prescribed from time to time by the City Council.
(a)
Permits shall be issued by the Zoning Administrator
and/or building official, and permits obtained following the initial
permit shall be accompanied by an inspection by the Zoning Administrator
and/or building official, or his/her designees, to ensure that all
conditions within this chapter are met.
(b)
This permit shall be kept by the owner and presented
upon demand by any City official or police officer. Permits are nontransferable
and do not run with the land. Permits shall provide a limited license
for the activity, and no vested zoning rights shall arise from said
permit issuance.
(c)
Fowl currently existing in the City shall not be "grandfathered"
or permitted to remain after the effective date of this chapter; however,
owners of the poultry will have 90 days from the effective date to
come into compliance with this chapter.
(d)
A permit for domestic fowl under this section does
not relieve any party from any requirement to obtain any other permit
or other necessary approvals for any structure, fence, lighting, heat
source, etc., as required by this Code.
(e)
The application shall contain the following:
(1)
Identify on a sketch, the property boundaries, the location
of all structures on the property and distances between said structures
and between the property boundaries. The sketch must also indicate
the location(s) of the domestic fowl coop.
(2)
The number of domestic fowl to be kept.
(3)
A description of the enclosure or roofed coop, including
materials used and square footage(s).
(4)
A statement that all information contained in the application
is true and that the permit holder shall keep the domestic fowl in
compliance with the terms of the permit, application and this chapter.
(f)
Applicant requirements and responsibility:
(1)
A permit to keep domestic fowl is specific to the permit
holder and the location of the permit. A person wishing to move domestic
fowl to a different property shall obtain a new permit.
(2)
A new resident of a property who intends to keep domestic
fowl shall obtain a new permit regardless of whether domestic fowl
were previously kept on the property or continue to be kept on the
property.
(3)
Approval of a permit to keep domestic fowl authorizes
the permit holder to keep the number of domestic fowl in the manner
described on the application and permit. Any increase to the number
of domestic fowl allowed, or a significant change to the manner of
keeping shall require a new permit.
(4)
Where the person seeking to keep domestic fowl is not
the fee owner of the property upon which the domestic fowl will be
kept, the applicant shall obtain the property owner's consent
in writing to keep domestic fowl on the property. The owner's
consent shall be submitted with the permit application.
[Amended 7-27-2012 by Ord. No. 12-05]
The number and type of domesticated fowl allowed are restricted
to the following:
(a)
Maximum number of domesticated fowl allowed is six
domestic hens over the age of two weeks and/or 10 pigeons or quail.
The maximum number of total domestic fowl shall not exceed 15 of all
species combined.
(b)
Only pigeon and female domesticated chickens are allowed.
No roosters shall be allowed.
[Amended 7-27-2012 by Ord. No. 12-05]
Domesticated fowl allowed under this article shall be kept for
personal use only. No person shall sell eggs or engage in chicken
breeding or fertilizer production for commercial purposes. The slaughtering
of domestic fowl on the premises is prohibited.
[Amended 7-27-2012 by Ord. No. 12-05]
The keeping of domestic fowl within the City limits is restricted
to the following:
(a)
Domesticated fowl must be kept in an enclosed coop
or pen at all times.
(b)
Enclosure shall only be located in the rear yard. In
no case, may a coop or pen be placed in the side or front yards.
(c)
Enclosures must be clean, dry, and odor free, and kept
in a neat and sanitary condition at all times and in a manner that
will not disturb the use or enjoyment of neighboring lots due to noise,
odor, or other adverse impacts. All droppings within the coop and
the enclosure shall be cleaned out at least once a week.
(d)
The coop and pen must provide adequate ventilation
and adequate sun and shade with a with a minimum of one window located
on the south side of the coop and must both be impenetrable to rodents,
wild birds, and predators, including skunks, raccoons, dogs, and cats.
(e)
All enclosures for the keeping of domesticated fowl
shall be constructed, repaired and maintained in a manner to prevent
rats, mice, or other rodents from being harbored underneath, around,
or within the walls of the enclosure.
(f)
The use of flimsy wire mesh, including chicken wire,
is not permitted in the construction of a domestic fowl coop, pen,
fence or enclosure.
[Amended 7-27-2012 by Ord. No. 12-05]
Coops shall be provided and shall be designed to provide safe
and healthy living conditions for the domesticated fowl while minimizing
adverse impacts to other residents and the neighborhood.
(a)
Domestic fowl shall be provided with a covered, predator
proof, adequately ventilated coop of sufficient size to allow free
movement of the domestic fowl. The coop must be adjacent to and provide
free access to a domestic fowl pen.
(b)
The structure shall be enclosed and secured on all
sides and shall have a roof, floor and doors. Access doors must be
able to be shut and locked at night. Opening windows and vents must
be covered with predator and bird proof wire of less than one-inch
openings.
(c)
The materials used in making the structure shall be
uniform for each element of the structure such that the walls are
made of the same materials, the roof has the same shingles or other
covering, and any windows or openings are constructed using the same
materials. The use of scrap, waste board, sheet metal, or similar
materials is prohibited. The hen house shall be well maintained and
kept in a clean and sanitary manner at all times.
(d)
The structure shall be painted; the color shall be
uniform around the structure and shall be in harmony with the surrounding
area.
(e)
The coop shall provide a minimum of three square feet
per animal and be of sufficient size to permit free movement of domestic
fowl. The maximum size of the coop may not exceed 30 square feet or
six feet in height.
(f)
Any heat source or electrical facilities installed
in a domestic fowl coop must comply with all adopted building and
electrical codes of the City.
(g)
The coop must be located and meet all of the following
standards; no less than 20 feet from the owner's dwelling, no
less than 35 feet from any neighbors dwelling, no less than three
feet from any property line, and 10 feet from any street or alley
right-of-way.
(h)
Coops may be moveable to protect turf and prevent the
buildup of pathogens and waste, only if the dimensional restrictions
contained in this chapter are held in compliance.
[Amended 7-27-2012 by Ord. No. 12-05]
Pens shall be provided and shall be designed to provide safe
and healthy living conditions for the domesticated fowl while minimizing
adverse impacts to other residents and the neighborhood.
(a)
The domestic fowl pen is limited to no more than 50
square feet in area.
(b)
An enclosed pen must be provided attached to the coop
consisting of sturdy wire and fencing buried at least 12 inches in
the ground, or may include a floor made of the same material as the
pen secured completely to all sides. The pen must be covered with
1/4 inch hardware cloth wire or similar fencing, avery netting, or
solid roofing. The use of chicken wire is not permitted. The pen must
also include a self-latching door. The first 18 inches of the pen
must be made of sight obscuring material or screened with sight obscuring
landscaping around all sides. The pen must meet the same setback requirements
as the coop.
[Amended 7-27-2012 by Ord. No. 12-05]
It shall be unlawful for any person to permit or allow any domesticated
fowl to run at large within the corporate limits of the City. It is
unlawful for any person who is the owner, keeper or temporary custodian
of any domestic fowl to allow the animal(s) to be at large, off the
premises or outside the enclosure owned by the owner, keeper or temporary
custodian.
[Amended 7-27-2012 by Ord. No. 12-05]
Single-family residence. Only single-family residents qualify
for the keeping of domestic fowl. No domestic fowl shall be allowed
in multi-family complexes, including duplexes. No commercial properties
shall qualify for the keeping of domestic fowl unless otherwise provided
for within the defined used allowed with that district and listed
within this Code.
[Amended 7-27-2012 by Ord. No. 12-05]
(a)
Enclosures must be kept in a neat and sanitary condition
at all times, and must be cleaned on a regular basis so as to prevent
offensive odors. Odors from domestic fowl, domestic fowl manure, or
other domestic fowl related substances shall not be perceptible at
the property boundaries, in conformance with the City's nuisance
ordinance.
(b)
Perceptible noise from domestic fowl shall not be loud
enough at the property boundaries to disturb neighboring property
owners in conformance with the City's nuisance ordinance.
(c)
It is unlawful for the owner, keeper or custodian of
any domestic fowl to allow the animal(s) to be a nuisance to any neighbor(s),
including but not limited to creating noxious odors from the animals,
their waste, coop, or related structure or generating noise of a loud
and persistent nature. A City police officer, City zoning/building
official, county animal control officer or representative of the county
health department and/or his/her designee will determine whether a
nuisance exists on a case-by-case basis.
[Amended 7-27-2012 by Ord. No. 12-05]
The property owner shall take the necessary action to reduce
the attraction of predators and rodents and the potential infestation
of insects and parasites. Domestic fowl found to be infested with
insects and parasites that may result in unhealthy conditions to human
habitation must be treated immediately.
[Amended 7-27-2012 by Ord. No. 12-05]
Domestic fowl must be provided with access to clean feed and
liquid water at all times; such feed and water shall be unavailable
to rodents, wild birds, predators. Stored feed must be kept in a rodent
and predator proof container. Uneaten food shall be removed in a timely
manner. Domestic fowl shall be maintained in a healthy condition.
If ill or injured, domestic fowl shall either receive appropriate
medical care or be disposed of in a humane, legal manner.
[Amended 7-27-2012 by Ord. No. 12-05]
Provisions must be made for the storage and removal of domestic
fowl manure. All stored manure shall be covered by a fully enclosed
structure with a roof or lid over the entire structure. No more than
three cubic feet of manure shall be stored on site at any time. All
other manure not used for composting or fertilization shall be removed.
In addition, the coop, the domestic fowl pen and surrounding area
must be kept free from trash and accumulated droppings.
