We are working with the City of Macomb to ammend the 2023 verzion of this ordinance. We will post the updated ordinance when it is available.

The Macomb Community Development Committee met and voted to take the proposed program to Committee of the Whole and Council for discussion. Planning Commission voted 5-2 on 6/14/2023 to recommend approval of an urban chicken licensure program. 

The program would create a licensure process approved by City Council similar to a liquor license procedure. There will be a one-time application fee of $200 both to ensure well-thought applications and to cover any publication costs to the City for the public meeting. A proposed annual re-registration form and fee of $10 will be required as well. Staff is open to reviewing the program after three years to determine if procedures can be modified to a purely administrative process, but would prefer to begin slowly with more public scrutiny of applicants (i.e. pilot program). 

The following are characteristics of programs that staff would like to bring to the Council's attention: 

1. Setbacks. Setbacks would reduce any possible impact upon neighbors, including noise and odor concerns. 

a. 15-setback from neighboring property line 

b. 25-foot setback from neighboring structure 

2. Fees. $200 fee would ensure that urban chicken owners are serious and have thought through the process. 

3. Automatic revocation of license with requirement to reapply on more than one  "founded" (legitimate) code enforcement case within a 12 month period at 1 property. 4.

 Coop requirements.

Chicken coops will require a building permit and the following size requirements: 

a. Minimum four (4) square feet of coop floor area per chicken 

b. Minimum eight (8') square feet exterior run space per chicken (enclosed run) 

5. Maximum 6 chickens per license / property 

6. Prohibition on roosters. 

7. Prohibition on slaughtering within City limits. 

8. One license per property. 

Please find the previous memo to Planning Commission regarding urban chickens below for your information: 

Many communities in the United States of America and Illinois allow urban chickens and many  communities in the United States of America and Illinois do not allow urban chickens. It is not  an area of municipal regulations with settled best practices that would allow staff to make strong recommendations. Rather, the question of urban chickens is a policy decision for the members of the Planning Commission and City Council. 

On October 10, 2012 the City of Macomb held a chicken forum and on November 7, 2012 Planning Commission debated an urban chicken ordinance. 

On 21 March 2021 Planning Commission met and discussed urban chickens with an interested resident. After discussing the matter with their Home Owners Association, the resident chose not to move forward with the City process. 

While this is a policy decision beyond the purview of staff, staff would recommend that if urban chickens are allowed, a structured, detailed, and intentional program be adopted to ensure that urban chickens do not cause negative externalities for the neighbors of potential chicken coops. 

ARTICLE II. CHICKENS AND CHICKEN COOPS 

Sec. 6-15. Running at large of chickens prohibited. Sec. 6-16. Chicken Coops 

Sec. 6-17. Chicken Coop Licensing Sec.6-18-6-30. RESERVED. 

Sec. 6-15. Running at large of chickens prohibited. 

a. No chickens shall be permitted to run at large within the city limits. Chickens may be maintained in a designated chicken coop or fenced area, and shall be allowed to run freely within that area, although chickens must be secured within the coop between the hours of nine o'clock (9:00) P.M. and six o'clock (6:00) A.M. 

b. The animal control officer and/or any peace officer shall take all reasonable and 

necessary action to capture any livestock or chickens found to be running at large. 

c. The owner of any chickens found to be running at large shall be liable for any and all costs incurred by the city as a result of any action taken by the animal control officer and/or any peace officer to capture such livestock or chickens. 

Sec. 6-16. Chicken Coops 

a. Number And Type Of Chickens Allowed: Chickens, with the exclusion of roosters and crowing hens, are limited to a maximum of six (6) chickens per household. 

b. Coop Requirements. All chicken coops shall adhere to the following specifications: 

1. Opening in windows and doors must be covered by wire mesh with one-half inch (1/2") or smaller openings to discourage predators. The materials used to make the coop must be uniform for each element of the structure, for example the walls shall be made of the same material. Chicken coops shall be constructed in a manner to avoid weathering. 

2. Chickens must be kept in a coop or fenced enclosure at all times. 

3. Coops and enclosures must be kept in a clean, dry, odor free, and sanitary manner at all times. 

i. No person or owner shall keep, or allow to be kept in a foul, offensive, nauseous or filthy condition, any chicken coop or fenced enclosure containing chickens. 

ii. Odors from chickens, manure, or related substances shall not be detectable from property lines. 

iii. The chicken owner must provide for the storage and disposal of chicken waste. No more than three (3) cubic feet of chicken waste may be stored. All other chicken waste not composted shall be removed. 

4. Coops must provide adequate ventilation, shade, and be resistant to predators, wild birds, and rodents. 

5. Access door(s) to any coop must be latched and secured with chickens inside during the hours between nine o'clock (9:00) P.M. and six o'clock (6:00) A.M. 

6. Coops shall be located to the rear of the residential structure, and may be allowed in the back yard, but not the side or front yards as defined by this code. 

7. Coops and enclosures must be a minimum of fifteen feet (15') from the property line and the residential structure on the property, and twenty-five feet (25') from any neighboring residence, business, church, etc. A coop or enclosure may be maintained five feet (5') from a public alley adjoining the owner's property. 

8. Chicken coops are required to have at least four (4) square feet of coop floor area per chicken and must be well maintained. In no case shall the floor area of a chicken coop exceed forty (40) square feet. Chicken coops shall not exceed eight feet (8') in height. Enclosures must have at least eight (8) square feet of outdoor run space per chicken. The enclosure must be constructed of wooden slats or wire fencing and shall be constructed to a minimum height of five feet (5'). The enclosure must be adequate to maintain the chickens within the enclosed space. 

9. Chickens are to be raised for egg consumption only and shall not be slaughtered within the city limits. Deceased chickens shall be properly disposed of. 

10. Chicken feed must be stored in a fully enclosed container resistant to rodents  and other animals. 

Sec. 6-17. Chicken Coop Licensing 

a. Required: All chicken coops maintained in accordance with this article shall be licensed by the city of Macomb. 

b. Conditions: City council may issue licenses to the owner of any chicken coop upon meeting all conditions of this section. 

1. The application for a chicken coop license shall state the name and address of the owner, the specific proposed location of the chicken coop including a scaled drawing, and all other applicable information requested by the administrative official. A license will only be issued after the chicken coop and enclosure have been inspected and have been determined to meet all requirements of this title. 

2. Following receipt of the application, the Office of Community Development with schedule a public hearing before the Planning Commission. Notice of the hearing, including date, time, and location, shall be provided as follows: 

i. Mailing. Notice shall be provided a minimum of 15 days and no more than 30 calendar days in advance of the public hearing to all owners of land within two-hundred and fifty feet (250') of the land subject to the application whose names and addresses are known by reference to the most recently published ad valorum tax records of the county assessor, except when land is improved with a condominium, notice shall be given to the condominium association. Notice shall be presumed to have been given when mailed in accordance with these provisions. 

ii. Legal Notice. Legal notice shall be given by advertisement in a local newspaper of general circulation at least 15 and nor more than 30 days prior to the public hearing. 

iii. Posting. Notice shall also be given by posting a sign in the front yard of said property stating that application for a chicken coop permit for the property is under consideration. If there is no front year, the sign shall be posted near the front entrance of the premises. The sign shall remain until action is taken by the council on the application. 

3. Following the public hearing of the planning commission, the commission shall make a recommendation on the application and the matter shall be referred to city council for final action on the application. If city council approves the application, the license shall be issued upon inspection and determination that all requirements of this Article have been met as determined by the Community Development Coordinator, or their designee. 

Costs For Licensing: 

The costs for licensing a chicken coop shall be as follows: 

1. Chicken Coop: Two Hundred dollars ($200.00) per chicken coop license. The fee shall be paid at the time the application is submitted. An annual renewal fee of ten dollars ($10.00) shall be assessed for each chicken coop. 

d. License Term: All licenses issued pursuant to this section shall be valid for a term not to exceed one year, January 1 to December 31 of the calendar year. 

e. Chicken coop license renewals shall be submitted annually, prior to December 31. A late fee of ten dollars ($10.00), shall be charged if the renewal is not received by December 31. Any renewal fee not received by January 31 shall render the permit null and void, and the license revoked. 

f. Nonrefundable: No refunds shall be made on any chicken coop license or application. 

g. Penalty: The owner of any chicken coop, which is subject to licensing and registration pursuant to this section, but who does not comply with those provisions, shall be subject to the assessment of a fine of not less than $100.00 nor more than $750.00 per violation 

h. Automatic Revocation. There shall be an automatic revocation of any license issued hereunder following more than one founded code violation within a rolling 12-month period. 

i. Cost Of Administration: The license fees charged pursuant to this section are charged to defray the administrative costs and are not to be deemed a penalty or tax. The license fees shall not be construed as relieving the owner from any penalty imposed for any violation of this title. 

The entire agenda from the July 10, 2023 city council meeting can be found at https://cityofmacomb.com/wp-content/uploads/2023/07/07-10-2023-Committee-ot-the-Whole.pdf.