Q: What is Hen Ellyn’s position on lot size restrictions?
A: Hen Ellyn respectfully requests that lot size restrictions be rejected as overbroad, and instead any such limitation be based on distances to actual neighbor dwellings (rather than side lot lines). Lot restrictions and side lot line setbacks that are any greater than those which exists for sheds and other accessory structures would unfairly and unnecessarily force coops to be placed right in the center of some lots, when many less restrictive regulations are available, such as measuring from the neighbors dwelling, or a smaller side setback limitation for consenting neighbors.
Q: What is Hen Ellyn’s position on permitting and neighbor consent requirements?
A: We view permitting and consent requirements as unnecessarily burdensome and do not believe they should exceed those for domestic pets. If the Village Board determines that permitting or consent is necessary as it relates to the construction of coops, Hen Ellyn’s primary concern would be that: (i) permitting be modest and non-discriminatory, as well as one-time, rather than recurring, as recurring licensing would place an unreasonable burden on both homeowners and village resources; and (ii) that consent requirements be limited to only neighbors to which a coop is going to be placed within a specific proximity (i.e., 50 ft from the dwelling or 10’ from the lot line of that dwelling).
Q: Is there a significant risk of hens flying over the owners’ fence and into a neighbor’s property?
A: No, generally speaking. This risk can be mitigated or nearly eliminated by: (i) Clipping of the hen’s wing, which is harmless, easy to do, and commonplace; and (ii) proper husbandry – certain breeds (e.g., bantams) are extremely poor fliers and happen to be among the most recommended breeds as backyard hens.
Q: Are there likely to be any issues associated with availability of veterinary care or the lack thereof?
A: No, we do not believe so. A list of local certified avian veterinarians in the Chicagoland area can be found here and provide ample availability at the owner’s discretion.
Q: How would the ordinance be enforced?
A: We offer the suggestion that it seems any issue arising from a violation of the ordinance—or otherwise arising from the keeping of hens—could be enforced consistent with existing nuisance provisions in the Village Code, such as Section 7-2-3, and especially the directly applicably Section 7-2-3(E), which already states that “It shall be a nuisance . . . To keep, or permit to be kept, upon any premises within the Village any chicken coop, chicken house, stable, kennel, pen or other structure for the retention, care and shelter of any fowl or animals in an unclean, unsanitary or filthy condition, so as to produce offensive and noisome odors, to the annoyance and discomfort of others.