Thursday, January 22, 2009

Zoning Change for Chickens Proposed

After numerous revisions, I have submitted a proposed zoning ordinance amendment that would allow the keeping of up to 5 chickens. The ordinance is fairly simple (scroll to the bottom for the text.


The purpose of the amendment is allow a person to keep five or fewer chickens (not including roosters) under appropriate conditions in single-family and two-family residence zoning districts. The new language is added in paragraphs 13-1-80(c)(2)g and 13-1-81(c)(2)h, respectively. Basically, the same new language would be added for each of those two zoning districts. The draft amendment would not apply to multi-family districts or commercial or industrial districts.


The proposed language was crafted based on a review of existing ordinances in Rogers, Arkansas; Madison, Wisconsin; Missoula, Montana; Portland, Oregon; Fort Collins, Colorado; and a draft proposal in Milwaukee, Wisconsin. Many other communities have adopted ordinances allowing the raising of chickens in urban areas.


One study explains the chicken-keeping desire as follows:

The recent increase in urban backyard chicken keeping has come about for three main reasons. First, the local food movement itself has become very popular which has sparked a new interest for many in backyard food production. Since chickens are one of the smaller protein producers, they fit well into a backyard food production model. Second, rising energy and transportation costs have caused concern over increases in food costs, and backyard eggs offer a cheaper solution as they do not have to travel far to reach the plate. Lastly, many citizens are becoming increasingly concerned about food safety, and with meat recalls and other animal industry issues in the news, backyard chickens offer many a safer solution.

The interests of non-chicken keepers also have to be recognized and respected.

Those who are opposed to backyard chickens however, often express concerns about noise, smells, diseases, or the potential for chickens running loose.
The draft ordinance requires that the chickens be kept in hen houses or fenced enclosures at all times and require the owners to keep the chickens' living quarters clean. Cleanliness is good for the birds and good for the nose.


The draft proposal also amends the fee schedule under 7-15-1.


Please provide feedback here or to me at dwood@ci.monona.wi.us


In summary, the proposed ordinance:


  • Allows chicken keeping as a permitted use in single-family and two-family zoning districts.

  • Allows up to five domestic fowl allowed per household in a single-family or two-family district.

  • Prohibits roosters.

  • Prohibits slaughtering outdoors on the residential premises.

  • Requires that poultry shall be kept within a secure and clean hen house or enclosure at all times and not allowed to run free.

  • Requires that the hen houses and enclosures shall be located no closer than 20' from nearest neighbor's residence.

  • A $10 permit is required (per household), to be renewed annually.
***


Chicken links:


Residential Urban Chicken Keeping: An Examination of 25 Cities



Welcome to Mad City Chickens Their FAQ is quite helpful:



http://www.madcitychickens.com/faq.html



The Poultry Extension at the UW-Extension



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Text of proposed ordinance amendments:



Article E: Zoning Districts

Sec. 13-1-80 Single Family Residence District.
***
(c) District Performance Standards.

***
(2) Permitted Uses.
***
NEW:
g. Keeping of up to five (5) chickens, provided that:
1. The principal use is a single-family dwelling.
2. No person shall keep any rooster.
3. No person shall slaughter any chickens outdoors.
4. a. The chickens shall be provided with both a hen house and a fenced outdoor enclosure.
b. The chickens must be kept in the hen house or fenced outdoor enclosure at all times and shall not be allowed to run free.
c. The hen house shall be a covered, predator-resistant, well-ventilated structure providing a minimum of 2 square feet per chicken.
d. The outdoor enclosure shall be adequately fenced to contain the chickens and to protect the chickens from predators.
e. The hen house must be kept in a clean, dry, and sanitary condition at all times.
f. The outdoor enclosure shall be cleaned on a regular basis to prevent the accumulation of animal waste.

5. No hen house or outdoor enclosure shall be located closer than twenty (20) feet to any dwelling unit on an adjacent lot. The enclosure shall also comply with the setback requirements for accessory buildings and structures set forth in 13-1-80 (d) (7).

Article E: Zoning Districts

Sec. 13-1-81 Two Family Residence District.
***
(c) District Performance Standards.
***
(2) Permitted Uses.
***
NEW:
h. Keeping of up to five (5) chickens, provided that:
1. The principal use is a single-family or two-family dwelling.
2. No person shall keep any rooster.
3. No person shall slaughter any chickens outdoors.
4. a. The chickens shall be provided with both a hen house and a fenced outdoor enclosure.
b. The chickens must be kept in the hen house or fenced outdoor enclosure at all times and shall not be allowed to run free.
c. The hen house shall be a covered, predator-resistant, well-ventilated structure providing a minimum of 2 square feet per chicken.
d. The outdoor enclosure shall be adequately fenced to contain the chickens and to protect the chickens from predators.
e. The hen house must be kept in a clean, dry, and sanitary condition at all times.
f. The outdoor enclosure shall be cleaned on a regular basis to prevent the accumulation of animal waste.

5. No hen house or enclosure shall be located closer than twenty (20) feet to any dwelling unit on an adjacent lot. The enclosure shall also comply with the setback requirements for accessory buildings and structures set forth in 13-1-81 (d) (7).

***
Sec. 7-15-1 Fee Schedule.

The following fees shall be applicable for licenses and permits under this Code of Ordinances:

13-1-80 (c)(2)g Keeping chickens $10.00
13-1-81 (c)(2)h Keeping chickens $10.00

22 comments:

  1. Is that the sky I see falling?

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  2. This is a great step for Monona. Those of us who don't live near a store and don't want to pollute with gas emissions can at least have a fresh organic egg or two to eat every day. You won't hear a peep of complaint out of me, but I expect other "status quo folks" will be afraid... I mean, chicken.

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  3. Thanks. Remember, though that it won't become a great step for Monona unless it gets adopted. Once we get past all the puns (which I thoroughly enjoy), folks will need to demonstrate support and that keeping chickens is a practical thing for sensible grown-up people to do.

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  4. Wow. Well, you have put your actions and words together-I applaud you. I do think this is a good idea, but I have a few questions and suggestions. (However, my chicken concept was totally kicked by my family.)

    1. Is this just a ploy to get me to flush out into the public arena like a covey of quail only to be blasted by 16 gauge on cold October morning? Please recall I am chicken-it ain't going to work.

    2. Currently, there are several packs of chickens in monona will they be grandfathered or invited over for dinner?

    3. How does this ordinance mesh (or doesn't) with convenats already in place in certain parts of our fair city about outdoor buildings and livestock?

    4. I know slaughtering is not permitted in some of these orther ordinances. Does this orindance permit slaugther? I mean-at one point-I had to slaugther chickens. Oh My. If folks think local politicians are running around like a chicken with their head cut off wait till they see the real thing.

    5. Do you think sandpoints are legal in our fair city? I am toying with a new idea, please do NOT notify my wife as it will get quickly deep sixed. However, the water bills in this place-well-you know-where I am going. Of course I could just sink one and play stupid...easy for me.

    Well, if this thing passes buddy-I fully expect to be invited to your house for FRESH OMELETS and I will bring a lovely white bourdeoux. I like mine with red peppers, green peppers, lean bacon, some cheese, you?
    Henny Penny
    Founder Chickens for Change.

    PS-That Obama friend of yours is off to a pretty good start, I have to say.

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  5. IC that a close reading by me would have revealed the slaughter question. Mrs. Schumacher would NOT be proud.

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  6. Fantastic post, Doug. You've done a great job preparing your case and creating a template that others can follow in attempts to change the law to allow urban chickens in their own back yards.

    I've shared your post with the readers of UrbanChickens.net in hopes you inspire them to do better.

    Let us know if there's anything we can do to help!

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  7. When you look at all the anonymous derogatory comments on your and Peter's blogs you realize it is about time we amended the city regs to legalize all the chickens that live here.

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  8. "h. Keeping of up to five (5) chickens, provided that:
    1. The principal use is a single-family or two-family dwelling."

    Two questions:

    - Does #1 have any ramifications for sale of eggs produced on these lots, such as in a farmer's market setting or on a small road-side farm stand on site? If so, is there any way to work in language to provide for that sale, or would that instead require revising other codes having to do with zoning?
    - Is there any language to include to provide for keeping chickens in parks (public spaces) or community gardens, provided that people will commit to caring for the chickens and maintaining the chicken coops? I ask b/c we are working closely w/ community gardens here in Syracuse (some people do not have space at home for gardens or keeping chickens, but would love to do so in a community garden setting). I also see a park as a potential spot for an even larger urban chicken operation (more of a buffer), which could provide capacity building projects (sale of products) for local park associations or conservancies.

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  9. "Is this just a ploy to get me to flush out into the public arena..."

    Henny, when are you going to learn that the world extends beyond you and your front door? Besides you can always wear a chicken outfit when you appear before the city council.

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  10. Meshing with restrictive covenants? I don't know, but I suspect the restrictive covenants may prevail.

    Grandfathering? Hey, no roosters! No, they will need to comply with terms of the ordinance.

    Slaughtering, yes, but not outdoors. That was a point of discussion. Some ordinances allow it, some don't (Madison, e.g. does not allow it).

    What is a sandpoint? You stumped me (and Google).

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  11. "I've shared your post with the readers of UrbanChickens.net in hopes you inspire them to do better."

    Thanks for the kind words. Cool web site.

    ReplyDelete
  12. Selling the eggs? We already have a farmers market and some roadside stands, so it's not a zoning issue.

    However, I *think* when you start selling food to other people that there are a whole raft of public health laws trhat come into play. I'm really not sure about that, however.

    Community gardens/parks? We do not have any community gardens in the parks, so that would be the first step. There is a community garden on private property, so I suppose chickens could be added. The revenue from the sale of eggs from 5 chickens would be, well, chicken-feed.

    My general approach is focus on the main issue and not making the proposal too complicated. I have had some success getting things passed with that approach. You can always come back later and make revisions.

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  13. "What is a sandpoint? You stumped me (and Google)."

    It is my latest idea, I need shush now.

    "Henny, when are you going to learn that the world extends beyond you and your front door?"

    good point, but just joking. At this point, you own the chicken issue.

    Say-has the increased patrols started for speeding?

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  14. Doug- This is great. Thanks for taking it on and writing the proposal. And I love your sidenotes of "President Barack Obama". I share your joy in saying it over and over.

    Good luck with the chickens.

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  15. "good point, but just joking." Me too.

    "Say-has the increased patrols started for speeding?" Not sure, but I do know that the police have tightened up on any 'grace' or 'forgivenness'. I'd slow down , if you haven't already.

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  16. wow-I have to give it to you-you are milking this chicken thing for everything it is worth.

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  17. Why thank you! But you don't get milk from chickens.

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  18. "Why thank you! But you don't get milk from chickens."

    Yeaaa, I am aware of that-
    By the way-if you are willing to help me out and take my poop eating dog (not to be confused with an egg sucking dog)-I might be able to win the day with the wife on the chickens.

    Finally, are you going down this chicken road if the thorny crown of government is removed from the people?
    Henny Penny

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  19. HP,

    You really shouldn't drink scotch this early in the day.

    "Finally, are you going down this chicken road if the thorny crown of government is removed from the people?"

    I wasn't aware the gummint was wearing a thorny crown. Sounds like a violation of chruch and state.

    Anyway, we are heading down the chicken road tonight at 7:30.

    Is the chicken road a road less traveled? Doesn't the asphalt hurt their little hooves?

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  20. I meant are you going to raise chickens?
    Also, I will try to attend.

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  21. Thank you for proposing this ordinance. My family and I agree with the benefits of keeping chickens and that includes their rich composted manure which I would love for my garden.

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  22. See my latest post. Not good. Supporters need to make themselves known.

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