Chickens for egg production now permitted in the city of Lincoln

 

[August 08, 2020] 

Residents of Lincoln may now have up to six or 10 chickens on their property dependent upon the resident size. Lincoln Aldermen on Monday evening approved with a vote of 6-2 the allowance for chickens for the purpose of egg production. Those voting in favor of the ordinance included Jeff Hoinacki, Kathy Horn, Ron Keller, Colby Leith, Steve Parrott and Tracy Welch. Those opposing the motion were Kevin Bateman and Sam Downs.

Though the chickens are now permitted, there are several strings attached to the new ordinance. A total of six chickens may be permitted on lots less than one acre in size.

Ordinance 6-2-33 (A) 1. – “A limit of 6 chickens are allowed on lots less than or equal to one acre. An additional one chicken will be permitted to be added for every one half-acre in excess of one acres. In any case no more than 10 chickens will be allowed on any single lot. A minimum number of 2 chickens shall be present per allowable use.”

An annual permit fee of $25 per chicken is to be paid to the city of Lincoln. Coop and pen space at the residence is to be placed 10 feet from any property line, 12 feet from the residential dwelling, and not less than 30 feet from any neighboring dwelling. The 30 feet rule may be waived with consent from the neighbor who will be impacted. (See foot note regarding permit fees)

Coops must allow for a minimum of four square feet of personal space per chicken. Free range or pen areas must be sized to allow for a minimum of eight square feet of personal space per bird. Birds may not habitat in areas commonly utilized by the residents (homes or garages), and coops may not be attached to those structures. Shelters are to be “weather and predator resistant.” Chickens must also have access to food and water. Coops and pens are to be kept clean and supplies and feed products are to be stored and secured properly with measures taken to avoid infestations of rodents or other pests.

Coop and pen areas are to be in back yards only with no use of front or side yards for the birds.

Chickens are to be for egg production only and may not be slaughtered for meat. Eggs may not be sold.

Those who are already raising chickens in the city of Lincoln will not be “grandfathered” in, and are expected to file for the appropriate permits immediately.

Upon requesting a permit, coop and free range areas will be subject to inspection by the city’s Zoning Office. Shelters are also subject to inspection at the discretion of the Zoning Officer at any time during the permit period.

Chickens will also not be allowed to roam “at large” in the community.

There are serious fines attached to violations of the city’s established standards that begin at $100 for the first offense and graduate upward to $500 for the fourth offense in a one year period. For violations more than four in a 12 month period, $1,000 per occurrence will be charged. The zoning office may revoke or deny permits or renewal of permits based on violations or other concerns about the safety and wellbeing of the birds or the community.

And finally, the ordinance prohibits owning roosters or “crowing hens.”

At the Monday night meeting, the motion was made by Steve Parrott, with a second from Ron Keller.

When the floor opened for discussion Bateman said that he had received several calls from constituents encouraging him to continue his objection to the ordinance and to try and impress upon the city council that approving the ordinance was not going to be good for the city.

He also mentioned that he had received calls of complaint about the crowing rooster on Palmer Avenue. He said he hoped the owner of the bird was listening and made aware that the city is aware of the bird’s presence in the 500 or 600 block of Palmer.

Keller said that he too had received a number of calls about the chickens, and in contrast with Bateman’s callers, all were very much in favor of allowing the chickens. He said he understood Bateman’s concerns but felt that those who really want to have their chickens will comply with all the rules set forth by the city.

The only question raised on the topic came from city treasurer Chuck Conzo. He wondered about permits for replacement birds. He put out the scenario that someone permits for six hens and one dies. If the owner wants to replace that one hen do they have to buy a new permit for the new bird? (See foot note regarding permit fees)

Welch said that topic had not been addressed in the ordinance. He added that it would be his opinion that the new bird would not need a new permit because without the replacement bird the owner had paid for six chickens and only had five. By nod of the head other aldermen in the room seemed to agree.

With no further discussion, Welch called for the vote, which passed 6-2.

The ordinance took effect upon approval. Those who already own and shelter chickens in the city have 30 days to have their birds permitted.

Those wishing to obtain chickens should establish their coop and pen areas and be prepared for an initial inspection as part of their permit process.

It was also noted that the Logan County Animal Control will not be responsible for catching chickens at large or addressing any complaints about the chickens. Therefore policing and enforcement of the codes will be left to the zoning office and the Lincoln Police Department.

Anyone with questions about the permitting process should contact the city’s Building and Safety office at 313 Limit Street, or by calling 217-732-6318.

Foot note: After passing this ordinance, the city of Lincoln discovered an error that will be discussed this coming Tuesday evening regarding the permit fees for poultry. Aldermen will discuss the fact that the original ordinance passed said there would be a permit fee of $25 PER CHICKEN. The intent was for the fee to be $25 PER PROPERTY, with up to six chickens allowed.

[Nila Smith]