[Adopted 7-21-2020 by L.L. No. 4-2020[1]]
[1]
Editor's Note: This ordinance repealed former Art. III, Fowl
or Birds, adopted 11-16-2004 by L.L. No. 6-2004, as amended.
Except as provided in this article, no owner, tenant or occupant
of land within the City of Hudson shall permit such land or any part
thereof, or the buildings or structures thereon, to be used in whole
or part for the raising, keeping, harboring or maintaining of any
chickens, turkeys, geese, ducks, pea-fowls, guinea hens or any other
bird or fowl. Household birds, such as parakeets, canaries, parrots,
cockatoos, macaws or similar size birds, shall not be affected by
this article.
Chickens may be kept in any zoning district within the City of Hudson subject to a conditional use permit issued by the City of Hudson Planning Board pursuant to § 325-34 of the City Code and subject to the following terms and conditions:
A.
Any owner, tenant or occupant of a single-family residential lot
must receive a conditional use permit pursuant to this article before
constructing any enclosures, coops, or related structures.
B.
Only fee owners of a property or a tenant with written permission
of the landlord are permitted to keep chickens under this article.
C.
No more than five female chickens shall be allowed per lot. Roosters
shall not be permitted
D.
Chickens shall be kept as pets and for personal use only; no person
shall sell meat or engage in chicken breeding or fertilizer production
for commercial purposes.
E.
Chickens must be provided with adequate food, water and space, and
all premises occupied or used by chickens shall be kept in a clean,
sanitary condition. "Adequate" as used in this article shall mean
reasonably sufficient given the ages, sizes, and number of chickens
on the premises.
F.
Chickens shall be kept only in conditions that limit odors, waste
and noise and the attraction of rats, mice, insects and other pests
so as not to cause a nuisance to nearby properties or cause damage
to public or private property.
G.
Chickens shall not be permitted to run at large or be off the permit
holder's property unless crated.
H.
Chickens shall not be used or trained for the purpose of fighting
for amusement, sport, or financial gain.
I.
Chickens must be kept in a fenced enclosure at all times. The enclosure
must be either covered or of a height sufficient to prevent the chickens
from flying out. Chickens must also have access within such fenced
enclosure to a covered, ventilated, and predator-resistant coop. All
such enclosures and coops shall be properly cleaned and maintained
and shall be constructed of materials and in a manner designed to
prevent predators, rodents and other vermin from entering into or
remaining therein.
J.
Fenced enclosures and chicken coops must be set back at least five
feet from property lines and at least 15 feet from the nearest dwelling
or other occupied structure, other than the permit holder's dwelling.
Enclosures and coops shall not be located any closer to a public street
than the primary residence.
K.
All stored food must be kept either indoors or in a covered steel
container designed to prevent access by animals.
L.
Provisions must be made for the storage and removal of chicken manure
and other waste. All manure for composting or fertilizing shall be
contained in a well-aerated garden compost pile. All other manure
not used for composting or fertilizing shall be removed. In addition
the coop and surrounding area must be kept free from trash and accumulated
droppings.
A.
The permit applicant must occupy the residence on the property where
the chickens are kept as their personal, primary residence. Only one
conditional use permit for chickens shall be issued per property.
B.
The application for a permit to keep chickens shall include the following
information:
(1)
The name, phone number and property address of the applicant;
(2)
The location of the subject property;
(3)
The number of chickens the applicant seeks to keep on the property;
(4)
A written description of any cages, coops, and enclosures that will
house the chickens;
(5)
A signed statement from the property owner, if the applicant is not
the property owner, granting permission to engage in the keeping of
chickens as described in the permit application;
(6)
A signed statement from the applicant acknowledging the restrictions
and requirements of this article; and
(7)
Any additional information deemed relevant by the Planning Board.
C.
Permit fee and approval. The fee for a conditional use permit application
under this article shall be $25. Permits must be renewed annually
for a $25 fee.
D.
Permit revocation.
(1)
The Code Enforcement Officer may fine a permittee pursuant to § 325-33 of the City Code for a violation of this article and the conditional use permit and, if the applicant fails to remedy the violation within a reasonable period of time, may revoke the conditional use permit.
(2)
The procedures for the enforcement of the permits issued under this article and penalties for violations shall be governed by Article VII of Chapter 325 of the City Code, and any person aggrieved by decision or order by the Code Enforcement Officer may appeal to the Zoning Board of Appeals pursuant to Article IX of Chapter 325 of the City Code within 30 days of filing of a written determination by the Code Enforcement Officer.
E.
Private restrictions not affected by permit approval. Any permit
issued by the City under this article shall not alter, affect or confer
any rights contrary to any deed restriction, covenant homeowners'
agreement, or other private restriction. The interpretation and enforcement
of the private restriction is the sole responsibility of the private
parties involved.
