Proposed Amendments – Chicken, Ducks and Hens Ordinance 2026-04

Sec. 151.057. Chickens, egg-laying and ducks.

(A)   Definitions.

(1)   For purposes of this section, the following definitions apply:

(a)    Adjacent property means all parcels of property that the applicant’s property comes into contact with at one or more points but does not include parcels that are legally adjacent to but are, in fact, separated from the applicant’s property by a public or private street.

(b)    Backyard means that portion of a lot enclosed by the property’s rear lot line and the side lot lines to the points where the side lot lines intersect with an imaginary line established by the rear of the single-family structure and extending to the side lot lines.

(c)    Hen means a female chicken or duck and does not include roosters, drakes, or guinea fowl.

(d)    Private restrictions include but are not limited to deed restrictions, condominium master deed restrictions, neighborhood association by-laws, and covenant deeds.

(e)    Resident means any person living in the City of Iron River.

(B)   In Zoning Districts AG/OS and on lots under one acre and in Zoning Districts R-1A and R-1B, residents may keep hens per the following conditions:

(1)   The maximum of ten hens may be kept per lot.

(2)   Roosters are strictly prohibited.

(3)   Hens may not be slaughtered/butchered on the premises unless it takes place in a totally enclosed structure.

(4)   Hens shall be provided a covered enclosure and must always be kept in a covered enclosure or a fenced area.

(5)   Enclosures/fences shall only be located in the backyard and shall be treated as an accessory structure to the property. For the purposes of this section, “backyard” shall mean that portion of a lot enclosed by the property’s rear lot line and the side lot lines to the points where the side lot lines intersect with an imaginary line established by the rear of the single-family structure and extending to the side lot lines.

(6)   Hens may only be kept on properties that currently have a principal structure. Fences and enclosures shall be treated as accessory structures and shall follow all of the rules and regulations as they pertain to accessory structures as set forth in the City Zoning Code. Enclosures and fences shall be located at least 25 feet from any neighboring dwelling.

(7)   Enclosures shall be constructed and maintained to prevent vermin from harboring within the walls or underneath them. They must be kept in good repair at all times.

(8)   Feed and other items associated with keeping hens that may become infested by vermin shall be stored to prevent vermin access. All feed shall be kept in an approved, sealed, and covered container at all times.

(9)   Hens shall only be kept on lots where a single-family home exists and whose principal use is single-family residential.

(10) Hen waste shall be cleaned up regularly to control for odor created by the accumulation of waste. Collected waste shall be contained and placed in sealed waste bins to control for odor. Hen waste shall be removed regularly and in an approved manner.

(11) A permit shall be required for the keeping of any and all hens.

(C)   Permits.

(1)   Any resident who keeps hens within the limits of the City of Iron River must obtain a permit from the city prior to the acquisition of hens.

(2)   All new permit applications shall also be accompanied by a sketch of the property, showing the dimensions of all buildings—both existing and proposed—as well as the dimensions of the property, showing all property lines, and the setbacks. This sketch must also show, with all applicable dimensions, the proposed site upon the property to house chicken enclosures and fencing.

(3)   Prior to receiving a new permit, the applicant will contact all adjacent property owners, notifying them of the permit application. All adjacent landowners must verify in writing that there is no objection to the issuance of the permit. Proof of due diligence and that a reasonable attempt has been made to contact adjacent landowners must be demonstrated and submitted along with the completed application.

(4)   Any person issued a permit shall submit it for examination upon request by the Zoning Administrator, Code Enforcement Officer, a City Police Officer, or a designee of the city.

(5)   Private restrictions on the use of property remain enforceable and take precedence over a permit to keep hens. A permit issued to a person whose property is subject to private restrictions that prohibit the keeping of hens is void. Interpretation and enforcement of private restrictions is the sole responsibility of the private parties involved.

(6)   Individuals renting the property applying for a permit must provide written approval from the owner of the property allowing hens to be kept on the premises. Approval must include the name of the property owner, current mailing address, and current telephone number. Permit applications lacking this approval letter and information will not be considered.

(7)   Failure to comply with any of the provisions listed herein shall be grounds to deny a permit and/or immediately revoke any previously-issued permit.

(8)   The permit fee is $25.00 and may be revised by the City Council as necessary.

(D)   Enforcement.

(1)   Before commencing prosecution under this chapter, the city’s Code Enforcement Officer shall give notice to the person charged with violating this chapter. Such notice shall be in writing, and shall be served upon said person or, at the option of the enforcement officer, by posting a copy of the notice on the land or attaching a copy of the notice to the building or structure. In addition, a copy of the notice shall be sent by first-class mail to the owner of the land, building, or structure at the owner’s last known address. The notice shall specify that failure to remedy the violation within ten days of the date of personal service or 12 days from the date of mailing shall result in the issuance of a Municipal Civil Infraction Citation.

(2)   Prosecution may be commenced against a violator(s) without prior notice in any instance where a violation notice had previously been sent within the previous 12 months, relating to the same address.

(3)   Each day that a violation under this chapter continues to exist shall be considered a separate violation subject to the penalties hereinafter set forth.

(4)   A second, repeated violation of this chapter shall result in the immediate revocation of the permit.

(E)    Expiration of permit.

(1)   Permits shall expire and become invalid one year after the date of issuance.

(2)   Previously permitted persons who wish to continue keeping hens must obtain a new renewed permit from the city prior to the expiration date of the previous permit provided there are no violations.

(3)   Application for a new permit shall be pursuant to the procedures and requirements that are in effect at the time the person applies for a new permit.

(4)   Applicants that have had a permit revoked within the prior year (365 days) shall be disqualified from receiving a permit.

(F)    Violations and penalty.

(1)   Failure to comply with the requirements of this chapter shall constitute a Municipal Civil Infraction which shall be processed in accordance with Section 151.227.

(Ord. of 3-18-2025, § 5.7)

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RRA

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