- Feb 28, 2011
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Hi all! Awesome discussions here. Pasted below are relevant excerpts from the code of a town we are considering moving to (Westmont, IL - Chicago suburb). The ability to raise egg layers will likely impact our decision.
The first clause is fine with me - any poultry "yard" has to be 25ft from others' residential buildings, etc. (and here they define a "yard" as a structure or enclosure that houses 2 or more birds. I can always design&build individual one-bird coop/runs, if it came down to it).
The second clause could be a problem: the "keep"ing of chickens is prohibited within 150 feet from any neighboring residence. In addition to being conflicting/redundant with the first clause - an average lot size around here is 60ft x 100ft. Depending on the placement of neighbors' houses, it might not be feasible.
So, does anyone have a legal opinion on the definition of "keep"? This is what it may come down to, in my opinion.
Sec. 14-11. - Proximity of poultry and animal yards to buildings and public ways.
It shall be unlawful to maintain in the village any poultry or animal yard within 25 feet of any building used for residential purposes by anyone other than the person maintaining such residence or by his immediate family, or within 25 feet of any public way other than an alley, or within 100 feet of any church or school building.
(Code 1972, § 6-11)
Sec. 14-12. - Proximity of cattle and chickens to residential property.
It shall be unlawful for any person to keep any cattle or chickens within 150 feet of any residence, other than the residence of the person so keeping or having the cattle or chickens.
(Code 1972, § 6-12)
The first clause is fine with me - any poultry "yard" has to be 25ft from others' residential buildings, etc. (and here they define a "yard" as a structure or enclosure that houses 2 or more birds. I can always design&build individual one-bird coop/runs, if it came down to it).
The second clause could be a problem: the "keep"ing of chickens is prohibited within 150 feet from any neighboring residence. In addition to being conflicting/redundant with the first clause - an average lot size around here is 60ft x 100ft. Depending on the placement of neighbors' houses, it might not be feasible.
So, does anyone have a legal opinion on the definition of "keep"? This is what it may come down to, in my opinion.
Sec. 14-11. - Proximity of poultry and animal yards to buildings and public ways.
It shall be unlawful to maintain in the village any poultry or animal yard within 25 feet of any building used for residential purposes by anyone other than the person maintaining such residence or by his immediate family, or within 25 feet of any public way other than an alley, or within 100 feet of any church or school building.
(Code 1972, § 6-11)
Sec. 14-12. - Proximity of cattle and chickens to residential property.
It shall be unlawful for any person to keep any cattle or chickens within 150 feet of any residence, other than the residence of the person so keeping or having the cattle or chickens.
(Code 1972, § 6-12)