Menahga City Zoning Code
§ 151.50
KEEPING OF CHICKENS.
(A) Definitions. For the purpose this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AT LARGE. A chicken out of its chicken run, off the premises or not under the custody and control of the owner, or other person, either by leash, cord, or chain, or otherwise controlled or restrained.
CHICKEN. A female chicken or hen. A rooster or male chicken is expressly excluded from the definition of CHICKEN and is prohibited.
CHICKEN COOP. A structure providing housing for chickens made of wood or other similar materials that provides shelter from the elements.
CHICKEN RUN. A fenced outside yard for the keeping and exercising of chickens.
OWNER. The resident, property owner, custodian or keeper of any chicken.
PREMISES. Any platted lot or group of contiguous lots, parcels or tracts of land.
(B) Allowed zoning districts.
(1) The keeping of chickens is allowed in the rural residential (R-R) zoning district.
(2) The keeping of chickens is allowed in all other zoning districts however, a minimum parcel size of 2½ acres is required.
(C) Chickens limited. It is unlawful for any person to own, control, keep, maintain or harbor hen chickens on any residential premises in the city unless issued a permit to do so as provided herein.
(1) Residential tenants. In the case of rental residential property, including multi-family residential property, the property owner must obtain a permit and written permission must be given by the property owner to the tenant in order for a tenant to keep or harbor chickens on said residential premises.
(2) Number limited. No permit shall be issued for the keeping or harboring of more than 12 hen chickens.
(3) Roosters prohibited. The keeping of roosters or male chickens is prohibited.
(D) Permit. The granting of a permit under this section shall be in the sole discretion of the city. No person shall maintain a chicken coop and/or chicken run unless granted a permit by the city. The permit shall be subject to all terms and conditions of this section and any additional conditions deemed necessary by the city to protect the public health, safety and welfare, including any state or federal laws. The necessary permit may be obtained from the City Clerk’s office. Included with the information required prior to issuance of the permit must be a scaled diagram that indicates the location of any chicken coop and chicken run, and the approximate size and distance from adjoining structures and property lines. The owner must also obtain written approval of the keeping of chickens from all abutting property owners. Such written approval from abutting property owners must be submitted to the city before a permit is granted. A permit for the keeping of chickens may be revoked or suspended by the Council for any violation of this section following written notice and a public hearing.
(E) Chicken confinement. Every person who owns, controls, keeps, maintains or harbors hen chickens must keep them confined on the premises at all times in a chicken coop or chicken run while in the city. Any chicken coop and/or chicken run shall be screened with a solid fence or landscaped buffer with a minimum height of four feet. Any chicken coop and chicken run shall be at least 20 feet from any residential structure or any other premises on any adjacent lots.
(F) Chicken coops and chicken runs.
(1) All chicken coops and chicken runs must be located within the rear yard subject to the required setbacks for the principal building and at least 20 feet from any dwelling or any other premises or any adjacent lots. All chicken coops must be a minimum of four square feet per chicken in size and must not exceed six feet in total height. Attached, fenced-in chicken runs must not exceed 20 square feet per chicken and fencing must not exceed six feet in total height. Chicken runs may be enclosed with wood and/or woven wire materials and may allow chickens to contact the ground. Chicken feed must be kept in metal, predator-proof containers. Chicken manure shall not be placed in yard compost piles.
(2) Chicken coops must either be:
(a) Elevated with a clear open space of at least 24 inches between the ground surface and framing/floor of the coop; or
(b) The coop floor, foundation and footings must be constructed using rodent resistant construction.
(3) Chicken coops are not allowed to in any part of a home and/or garage.
(4) Chickens must be secured in a chicken coop from sunset to sunrise each day.
(G) Conditions and inspection. No person who owns, controls, keeps, maintains or harbors chickens shall permit the premises where the chickens are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors are carried to adjacent public or private property. Any chicken coop and chicken run authorized by permit under this section may be inspected at any reasonable time by the city Zoning Administrator or other agent of the city. Slaughter and breeding of chickens on any premises within the city is prohibited.
(H) Violations. Any person who owns, controls, keeps, maintains or harbors chickens in the city limits without obtaining or maintaining a current permit or after a permit has been suspended or revoked by Council action shall be guilty of a petty misdemeanor. Violations of this section may also constitute a nuisance and a person in violation may be liable for civil damages, including costs and attorney fees to remedy the nuisance.
(Ord. passed 12- -24)