[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:
CHICKEN PEN
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.
DOMESTICATED CHICKENS
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.
ENCLOSURE
The combined area of a henhouse and chicken pen.
HENHOUSE
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); amended 5-7-2024(2)]
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 1, Residential 2, and Residential 3 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, except for educational purposes on a school campus.
[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)]
(a) 
Odors from chickens, chicken manure, or other chicken-related substances shall not be perceptible at the property boundaries.
(b) 
Perceptible noise from chickens shall not be a disturbance to abutters. Further, requirements of the Chapter 34, Article II, Noise and Public Conduct Ordinance, shall apply to the keeping of chickens.
(c) 
Outdoor lighting of the henhouse shall be prohibited.
[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.