Malfean

Songster
May 29, 2020
59
159
106
Ok, so here's the story. About 2 months ago, someone in my town (about 1 mile away) had bought some chickens and a coop and put them in the yard. Because they're on a corner, everyone could see the coop. Local kids loved it, etc... However, they had a rooster. So they attracted obvious attention. The law in my town of Darien, Illinois (suburb outside of Chicago) stated two things about chickens. 1. No Roosters. 2. The number of chickens you have must be 'within reason'. That's it. That was the law.

So having drawn the attention of a couple of annoyed neighbors, those annoyed neighbors complained. And they complained until the town council heard them. The number of complainers is somewhere between 2-4 in a town of almost 35,000. The family with the rooster got rid of the rooster, once they realized they were not supposed to have him. But that wasn't good enough for the annoyed neighbors who then went and complained some more - only this time about property values decreasing on the resale of a house, and the smell. They actually called (and this is in the written record) people who owned chickens on their property as hillbilly's and rednecks.

So the town counsel did some 'investigating'. They themselves noted that until that point, no one had ever complained about chickens before, and they get dozens of dog complaints a month... but no chickens. They had a meeting where people who owned chickens could come and talk about it. Fast forward 1 month (last monday). The township of Darien passed a brutal chicken ordinance. It says that:

1. No more than 6 chickens.
2. No roosters.
3. An annual fee of 25$ (for inspections)
4. A privacy fence must be installed (this is the expensive kind... like the 10k kind of solid wood 5' fence).

All these must be adhered to by May 1st, 2021.

I have spent almost 2,000$ on my coop, run, and chickens. Does ANYONE know what can be done in this situation? do I even have a shot at being grandfathered in, or getting a variance on my property? Has anyone here contested a city ordinance?

I cannot afford to shell out 10-12k for a fence. There is a meeting on Monday of the town council that I plan to attend to press my case. I want to ask them to be grandfathered in since I already have my chickens, and my coop and I have made considerable investment in them prior to their law, as well as based on the fact that one of their reasons for the privacy fence was that people couldn't see what you have in your backyard. My coop and chickens are not visible from the road. You would have to go into my driveway and actually walk around the side of my house in order to see them. I also had spoken with all my neighbors around my backyard before I bought the chickens and get their permission (on the condition of free eggs), and no one had any problems with them. In fact, the people around my property like to bring their children over to look at them and feed them, which is cute. I also clean my coop weekly. There is literally NO smell, or odor from my coop. Yes, it is a little more costly to clean weekly - but the cooperation of my neighbors was paramount, as was their happiness. And I have asked them on a monthly basis, and never a single complaint.

Any ideas or thoughts would be appreciated. I know I have until May 1st... but since they just passed this stupid ordinance, it is still fresh in their minds, and I want to do something, anything.
 
Hi. Disclaimer: I am not an attorney, but I am a civil engineer who assists my municipal clients with writing and developing ordinances/easements/etc.

I would absolutely plan to go present your case to be grandfathered into the ordinance to the Township. Prior to this meeting, I would have at the ready:

1. Date of Purchase for your chickens, coop, supplies, etc. This is so that you can prove you've had chicken WELL before this ordinance was passed.

2. Written Documentation from ALL your adjacent property owners (every side of your property, across the street, etc.) stating that they give their explicit permission for you to have chickens on your property and that for the duration of your ownership of the chickens, that they have had no complaints about the noise/smell/aesthetics of the chickens/coop/etc.

3. Give a brief description of your added burden of cost for adding the fencing to your property, get estimates from a few contractors stating it will cost $$$$$$ to install a privacy fence and that the cost of the fence far exceeds the annual cost of chicken upkeep. If it's true, you could also say that adding a privacy fence will decrease your property value because you will need to remove trees/bushes/landscaping/etc. to install the fence, the fence will not match your house siding/brick/etc. You could get opinions from home appraisers or real estate agents as well, written letters from them will also help your case.

4. And for the fence, does the Township have a fence easement written into their ordinance detailing the setback requirements, type, size, spacing, material, depth of footers, height restrictions, etc.? If they have no fence specifications, good! That means you can install a measly little picket fence and be done. If they have fence specifications which include a setback requirement (i.e. most townships/municipalities require fences to be installed 5-10 feet away from the property boundaries [these are called setback requirements]), nail them on it, saying it will decrease the useable space in your yard/grass area, which will then decrease your resale and property values.

5. If possible, get other chicken owners in your town to go together, the more people that show up to contest the ordinance the better! Power in numbers works over just one person.

6. If you're able to, you can also consult an attorney. I'm not sure if you have an friends/family/acquaintances who are attorneys you can consult, but they will be able to guide you as well.

I'm sorry this is happening to you. Only us chicken owners and our friends know how wonderful those little creatures are, and it's a shame that the people who made the complaints can't see that.

Best of luck to you!
 
Hi. Disclaimer: I am not an attorney, but I am a civil engineer who assists my municipal clients with writing and developing ordinances/easements/etc.

I would absolutely plan to go present your case to be grandfathered into the ordinance to the Township. Prior to this meeting, I would have at the ready:

1. Date of Purchase for your chickens, coop, supplies, etc. This is so that you can prove you've had chicken WELL before this ordinance was passed.

2. Written Documentation from ALL your adjacent property owners (every side of your property, across the street, etc.) stating that they give their explicit permission for you to have chickens on your property and that for the duration of your ownership of the chickens, that they have had no complaints about the noise/smell/aesthetics of the chickens/coop/etc.

3. Give a brief description of your added burden of cost for adding the fencing to your property, get estimates from a few contractors stating it will cost $$$$$$ to install a privacy fence and that the cost of the fence far exceeds the annual cost of chicken upkeep. If it's true, you could also say that adding a privacy fence will decrease your property value because you will need to remove trees/bushes/landscaping/etc. to install the fence, the fence will not match your house siding/brick/etc. You could get opinions from home appraisers or real estate agents as well, written letters from them will also help your case.

4. And for the fence, does the Township have a fence easement written into their ordinance detailing the setback requirements, type, size, spacing, material, depth of footers, height restrictions, etc.? If they have no fence specifications, good! That means you can install a measly little picket fence and be done. If they have fence specifications which include a setback requirement (i.e. most townships/municipalities require fences to be installed 5-10 feet away from the property boundaries [these are called setback requirements]), nail them on it, saying it will decrease the useable space in your yard/grass area, which will then decrease your resale and property values.

5. If possible, get other chicken owners in your town to go together, the more people that show up to contest the ordinance the better! Power in numbers works over just one person.

6. If you're able to, you can also consult an attorney. I'm not sure if you have an friends/family/acquaintances who are attorneys you can consult, but they will be able to guide you as well.

I'm sorry this is happening to you. Only us chicken owners and our friends know how wonderful those little creatures are, and it's a shame that the people who made the complaints can't see that.

Best of luck to you!

An added absurdity that my neighbor across the street (who owns 4 chickens too), told me that they also put a 25' distance from all property lines. In my instance, that would be almost impossible. My coop would end up on my porch in the middle of my yard, up against the back wall!
 
An added absurdity that my neighbor across the street (who owns 4 chickens too), told me that they also put a 25' distance from all property lines. In my instance, that would be almost impossible. My coop would end up on my porch in the middle of my yard, up against the back wall!
You have an even better case given that setback distance to contest the decision given that the coop would be on your porch. Seems like they are trying to discourage any and all chickens within the township, such a shame. Good luck!
 
also maybe your non chicken owner neighbors could argue a point or two for chickens not being a problem
I know I can get 2-3 of my neighbors to possibly argue a point or two, yes. The neighbor across the street with 4-chickens of his own has told me that I may speak for him on this. Not sure if any of them would be willing to go to the council meeting, but I am pretty sure I could get them to sign a testimony.
 
I know I can get 2-3 of my neighbors to possibly argue a point or two, yes. The neighbor across the street with 4-chickens of his own has told me that I may speak for him on this. Not sure if any of them would be willing to go to the council meeting, but I am pretty sure I could get them to sign a testimony.
the council needs to know that all non chicken owners don't feel the same as the complainers
 

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