Report on Backyard Chickens Sets Stage for Downers Grove Council Discussion
Proposed changes would increase the number of eligible lots from 509 to 13,883, according to a report published Thursday by the village of Downers Grove.
Proposed changes to fowl regulations in Downers Grove would allow all but a handful of single-family residential properties to house backyard chicken coops, according to village staff.
In a report published Thursday on the village's website, Village Manager Dave Fieldman details more than a month of research on the current fowl ordinance and proposed changes. The document also includes a survey of surrounding municipalities and more than a dozen responses to questions posed by the council and Downers Grove residents.
Village staff began researching the ordinance after the council's Dec. 4 meeting, during which Commissioner Becky Rheintgen asked that they look into the possibility of increasing the number of chickens permitted, decreasing setback requirements, banning roosters, and requiring a license or permit for keeping chickens.
The current ordinance—adopted in 1987—defines fowl as "any domesticated bird, poultry or water fowl, except for homing pigeons and caged birds kept as house pets." A maximum of four fowl aged 18 weeks or older and four fowl younger than 18 weeks are permitted on residential properties.
Per village code, all fowl must be entirely confined in a pen, coop, building or other enclosure at all times. Enclosures must be set back at least 50 feet from any property line and shall be kept "clean, sanitary and free from all refuse."
According to the report, village staff used council recommendations to put together alternative regulations, which would prohibit roosters and guinea fowl to minimize noise, and ban slaughtering. The regulations are for council consideration, and are not technically staff recommendations, according to village officials.
The alternative regulations would change the 50-foot setback rule to just 20 feet, while implementing new rules for maximum coop size. Under the proposed changes, nearly all residential properties would be permitted to house backyard chickens, according to the report.
"The proposal would result in an increase in the number of lots eligible to keep backyard chickens from 509 to 13,883, which includes all but a handful of single-family residential properties," the report states. "Based on other communities that allow chickens, the number of permits sought is unlikely to add significantly to the workloads of existing Community Development Department staff, reviewers, inspectors and code enforcement officers."
The staff proposal would also implement a more formal process for keeping chickens, requiring a permits for coop construction and any electrical elements.
The Downers Grove council is scheduled to discuss the fowl ordinance during a standing committee meeting at 6 p.m. Jan. 22.
On Tuesday, the council shot down a proposal by Commissioner William Waldack to let voters weigh in on the ordinance by placing a referendum on the April 9 consolidated election ballot.
Mayor Martin Tully, along with Commissioners Geoff Neustadt and Marilyn Schnell, said the issue should be decided by the council after sufficient research and debate.
"We will have a standing committee of the council where we will focus on this issue and have the opportunity for public comment in an open environment where we can actually work through these issues," Tully said. "You can't do that in a referendum setting."
Waldack—who has publicly stated his opposition to changing current regulations—expressed his frustration with the council's decision. He argued that more residents would have taken the time to attend meetings or educate themselves if the issue had gone to referendum.
"Most of the public is unaware of what it is we are considering, and it actually has an impact on their health and safety, property values, predators and all the other problems we have," Waldack said.
Rheintgen, who was absent Tuesday, said 25-year-old fowl ordinance deserves the council's attention, especially in light of the recent movement toward sustainability and locally-grown food.
"The ordinance as it's written excludes a great deal of our residents due to their lot size, and I think there may be a way to modify the ordinance to be more inclusive to residents while still being considerate and respectful of their neighbors," Rheintgen said last month.
Rheintgen's proposal was prompted by two recent code enforcement cases, both of which involve lots that are too small to house chicken coops under current regulations. Rheintgen said she was not acquainted with either woman before the meeting. Because both cases are still pending, the village declined to provide any further comment.
Four other complaints have been received by the village since 2007, all of which resulted in the removal of chickens.
There are currently 14 municipalities with property in DuPage County that allow backyard chickens: Bartlett, Batavia, Burr Ridge, Darien, Downers Grove, Itasca, Lemont, Naperville, Oak Brook, Schaumburg, St. Charles, Warrenville, Wayne and Woodale.
Of the nine townships surveyed by Downers Grove staff, all nine defer to DuPage County rules, which allow chickens only on properties five acres or larger, or on properties of 40,000 square feet or larger with approved 4H-related projects.
Despite the proposal put forth in the report, the staff acknowledges the keeping chickens on single-family residential properties may have negative impacts on surrounding properties. The report includes answers to more than a dozen community questions related to noise, disease, odors, predators and proper care. (The complete report can be viewed to the top right of this article.)
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wayne enerson
8:58 am on Friday, January 11, 2013
This is why we needed a referendum. I had a feeling the village would not worry about the neighbors of the chicken owners losing property value. The council did not vote yet, but under the cover of the staff report is their any doubt ?
Bet they will say they could reach a compromise and go for a 25 or 30 ft setback.
When i went to the Jan. 8th council meeting it sounded like the study was still going on, and would be for weeks.
John McCormack
9:15 am on Friday, January 11, 2013
The coyotes in my neighborhood give this a big thumbs-up.
DHD
10:38 am on Friday, January 11, 2013
This is unbelievably stupid and I hope this plan is not adopted. I will not vote for any council candidate that supports this. My wife and I do vote in every municipal election.
MC
9:42 am on Monday, January 14, 2013
This proposal is thoughtful and progressive. Good to see DG (possibly) joining some other forward-thinking communities. I will vote for any council member that supports this. My wife and my extended family vote in every municipal election.
Mike Lindall
10:55 am on Friday, January 11, 2013
This goes to show the power of the voting "Block of 4". Take note Barnett is up in April and he supports this along with Becky, Geoff and Martin. Schnell is up as well in April but has stated that she does not support any changes to the current laws. Also Becky is the one who wants this change because these are HER FRIENDS that got the tickets for violating the current law. This just makes me SICK.
Amanda Luevano
1:58 pm on Friday, January 11, 2013
Mike, I just wanted to note that I specifically asked Rheintgen last month if she knew either of the women involved in the complaints, and I was told she didn't. The women emailed the entire council—Rheintgen was just the one who proposed making some changes. I reported this in a previous story, so I just wanted to make the clarification. I don't want to be responsible for spreading incorrect information. That's what I was told, so that's what I reported.
Brian Mc
10:56 am on Friday, January 11, 2013
It's less about controlling what your neighbors do, and more about allowing people to pursue free will in a controlled, permitted and inspected environment.
Keeping chickens is not going to lower your property value people!
Ann Kerbs
4:29 pm on Friday, January 11, 2013
Exactly. Just because people don't do the same things as you doesn't mean their way is 'wrong'. As long as it doesn't harm your enjoyment of your property or break any laws, what's the problem? If you want to live a cookie cutter lifestyle, I'd recommend living in an area with a homeowners association. I'm not pro or anti chickens, but I am pro liberty.
Mike Lindall
11:50 am on Friday, January 11, 2013
@ Steve L. Thanks for letting us know that Jankowski supports chickens. I guess now will be the first time in Krajewski's era that his puppetts (Jose and Olson) will get elected. At least if they do not support chickens.
Kelly
12:18 pm on Friday, January 11, 2013
My guess is the massage and tat parlors and possibly the new adult store on Ogden are impacting property values more than chickens ever will.
Mike Lindall
12:45 pm on Friday, January 11, 2013
@Kelly of the businesses you mentioned are they friends with Becky? From the way it appears is they just need her to ask for the votes then make a reccomendation under new business. Just like she did wih the chickens.
Bob Barnett
1:31 pm on Friday, January 11, 2013
Please allow me to help clarify things a bit …both for myself and for the Village and the process as it relates to the upcoming discussion of our existing fowl ordinance.
To start, while I have no idea if the two outstanding violations are for “friends” of Commissioner Rheintgen the insinuation that above that there is something untoward afoot is unfortunate – and wrong. Approximately a year ago, Commissioner Rheintgen brought this issue forward as part of our planning process. At that time the balance of the Council did not believe it was significant enough of an issue to place it near the top of our priorities. This fall, we received several complaints about chickens. When we investigated, indeed we found three homeowners in violation of our existing ordinance. One homeowner came into compliance and removed the chickens the other two did not and were subsequently issued tickets. Those homeowners now have pending court dates (February, I think).
About that same time, and in response to the citations, we received numerous requests to change the ordinance. Commissioner Rheintgen raised the issue again and as has been reported, Commissioner Neustadt, Mayor Tully and myself agreed that reviewing the request from Commissioner Rheintgen made sense given the current information we had and the current circumstances.
Continued …
Bob Barnett
1:32 pm on Friday, January 11, 2013
… Continued
The staff report, is not a recommendation. And while it may seem like splitting hairs, this is not a proposal brought by our staff - the staff report is a response to Council direction to provide the Council with information about what an ordinance that made the changes requested by Commissioner Rheintgen would look like. We also asked that some research beyond the VoDG be done on the subject. We’ll now begin to review that information.
As for the meeting on the 22nd, Mr. Enerson was correct when he thought we were beginning the study. Thank you by the way, to Wayne for contacting the Council directly, with his real name, and providing additional actual information – that is helpful. The meeting on the 22nd is designed to allow us to try and work through a subject that might take more time than a regular Council meeting. We’ve used the process before, most recently with respect to the replacement process for our ladder truck and in the past for other subjects such as open burning, annexation processes, etc.
The meeting on the 22nd will not decide any policy. It will only decide if the Council thinks there is merit in bringing changes forward. Typically, zoning related issues are sent (and they really should be) through the Plan Commission, then to the Council at which point the have a fair amount of background data as well as a fair amount of public input by way of the process itself.
Continued …
Bob Barnett
1:32 pm on Friday, January 11, 2013
… Continued
So where do I stand? I’m working on an answer to that – I wasn’t part of the group that passed the ordinance in 1987 nor would I claim than a couple evenings of Googling would make me an expert. As a community we decided 26 years ago that we would allow our residents to raise chickens on certain size properties in our town. That size, it appears, was determined by copying a County Ordinance in effect at the time and was driven by several disputed situations between neighbors and we now have an ordinance that defines a rightful activity but in its definition prevents it from happening on most of the parcels in the Village. Unfortunately, the role of government is often to define how such disputes will be resolved. Government is always a balancing act between defending individual liberty – both the liberty for one to act and the liberty to not have the actions of one impair liberty of another.
If this issue is important to you, I’d encourage Patch readers to read the report above, contact their elected officials directly, attend the meeting on the 22nd and stay involved in the process.
Bob Barnett
Downers Grove Village Council
Dan F.
4:53 pm on Friday, January 11, 2013
A year ago it wasn't important.
Now staff has spent how much time on this?
A year later Commissioner Barnett still does not know where he stands on chickens.
He wants everyone to be involved and to weigh in but not to the point of voting on an advisory referendum as suggested by Commissioner Waldack.
No wonder there's no snow in Downers Grove with all this hot air!
Amanda Luevano
1:48 pm on Friday, January 11, 2013
Hi everyone,
I wanted to make a couple of clarifications, both of which were added to the story to avoid any confusion.
1) As I stated above, the proposal in the report is essentially just a scenario for the council to consider. It isn't technically something that the staff is recommending the council approve.
2) I wrote this in a previous article, but Becky Rheintgen told Patch she did not know either women involved in code enforcement cases prior to them contacting the village and entire council. Rheintgen told me she is interested in the topic for sustainability reasons, and saw the recent code enforcement issues as another opportunity to revisit the ordinance.
Thanks,
Amanda Luevano
Editor, Downers Grove Patch
Don Jankowski
2:46 pm on Friday, January 11, 2013
Thanks Amanda for this clarification. And thanks Steve for removing speculative comments from this thread. I was aware of this recent discussion at Council and, like other residents, will consider the information that village staff has provided.
wayne enerson
4:26 pm on Friday, January 11, 2013
I would like to know what time frame we are looking at for the Council to come up with the draft of what they think a NEW FAIR ordinance would be, or leave as is, worked well for 26 years.
Jan, 22 meeting. Draft released to the public middle of Feb.? ( maybe on a Mon. or Tues. so it makes that weeks paper ) Council meeting on it middle of March?
Robert Johnson
8:33 am on Saturday, January 12, 2013
Salmonella is not currently an issues with few coops far between, but it is a serious disease. The county ordinance sounds very sensible in regards to health safety. I would prefer Downers Grove and my neighbors not be given the right to play Russian Roulette with my health because they like brown eggs and want the latest fashion accessory of the well-heeled.
MC
9:38 am on Monday, January 14, 2013
How exactly do you propose that you would get salmonella? Has salmonella mutated into an air-borne bacteria while i wasn't paying attention?
Like most other concerns against backyard chickens, your health fears are based on ignorance. (no offense)
DHD
9:23 am on Tuesday, January 15, 2013
Do you know what is ignorant? Claiming every neighbor is going to keep a clean little coop free of refuse, rodents and disease.
MC
11:38 am on Tuesday, January 15, 2013
"Do you know what is ignorant? Claiming every neighbor is going to keep a clean little coop free of refuse, rodents and disease."
Who claimed that?
There are outliers and miscreants on every issue. Have fun legislating away irresponsibility.
J. Geoff Rove
3:51 pm on Sunday, January 13, 2013
What a silly useless diversion from the tax scamming going on from this bunch. Why is the Library sitting on $1.8 MILLION looking to waste it on "upgrades" ?? Give each resident a $35 REBATE instead. I bet the taxes in scam city Dixon are lower than bummersville.
Brian Mc
3:29 pm on Monday, January 14, 2013
Take the time to read the proposal attached to this article. While the proposal does allow for most homes to put in a chicken coop as written, it is still very restrictive to the point that your neighbor will probably not want a chicken coop smack dab in the middle of their 50- foot lot. The way this is written will make it possible, but the average person is not going to build a chicken shed in the middle of their lot, where this proposal would require it to be.
William Waldack
2:59 pm on Tuesday, January 15, 2013
First of all, the issues of health, predators, smell, property values, and threats to your other pets are real. The supporters of chicken proliferation tend to be dismissive of opposition. Articles by the CDC, humane societies should not be ignored. Enforcement has a price tag for taxpayers. The violators of current rules got away with it for years. Neighbors tend not to turn in neighbors until the situations are extreme.
The freedom argument is rather sketchy. Political philosophers often state that you have the right to enjoy your property as long as you do not interfere with the enjoyment of others’ property. Health issues are real especially for children under 5, seniors, diabetics, chemotherapy patients, and those with immune problems. How do your property values fare when a prospect sees the chickens next door and bare ground (chickens scratch grass cover away), not to mention the potential for smell.
On Jan.22, you can bet the chicken proponents will be there. If you care, you need to be there. Emails from the pro-chicken folks easily outnumber the anti-proliferation emails. As long as apathy is rampant, so shall chickens become more rampant.
MC
3:28 pm on Wednesday, January 16, 2013
I'm really intrigued with Councilman Waldack's opposition to this. He clearly doesn't like the idea of backyard hens and has been throwing out each and every possible argument against it, hoping that something will stick.
"Threats to your other pets"? - What does that even mean?
"Health issues to diabetics"? - How is that even possible?
"Property values" - There is absolutely nothing to support this, and I have looked. If this were a problem, don't you think that cities that have permitted backyard hens would have seen negative impacts to property values and revoked the ordinance? (or, in some cases, just let built-in sunsets expire). That has not happened.
You opposition borders on zealotry. It would be humorous if you weren't sitting on the Council. Every single municipality goes through this same battle because of
attitudes like yours. And every time the fears turn out to be unfounded. There are hundreds of successful case studies - if you have really spent the dozens of hours objectively researching this (that you claim) you should know this. That is, unless you have been cherry picking that which supports your preconceived agenda? The body of evidence in favor greatly overwhelms that opposed.
MC
3:33 pm on Wednesday, January 16, 2013
One other thing: you understand that neither the CDC nor the Humane Society are opposed to backyard flocks? These organizations have specific mandates (CDC = providing information to enhance health decisions; HSUS = work to reduce suffering of animals) so finding literature by them that raises awareness related to these concerns does not necessarily bolster your case.
Here is (what I would say) their bottom line on the subject:
"We have a small flock of chickens. Is it safe to keep them?
Yes. In the United States there is no need at present to remove a flock of chickens because of concerns regarding avian influenza."
http://www.cdc.gov/flu/avian/gen-info/qa.htm
"The HSUS supports measures that reduce animal suffering, and every family that gets their eggs from backyard hens is likely reducing or eliminating their purchase of eggs laid by hens who were confined to crowded cages on factory farms."
http://www.humanesociety.org/assets/pdfs/farm/adopting_and_caring_for_backyard_chickens.pdf
Throwing around their names and implying they have weighed in against urban chickens is disingenuous at best.
William Waldack
3:08 pm on Tuesday, January 15, 2013
A word about Council Candidate Don Jankowski, a pro-chicken candidate for Council, who criticized me for not doing research (how little he knows) and mentioned two “studies”. I am surprised that Mr. Jankowski, who claims to have an advanced degree, cannot tell the difference between “university studies”, a term paper, and a homework assignment! One “study” he listed was a non-impartial student term paper supporting chickens and limited research to that bias and the other was a homework assignment that only gathered and compared pro-chicken ordinances. He also indicated that he would wait for Staff reports, which often include “majority” concepts.
This indicates one of two things. Mr. Jankowski is either incapable of evaluating sources of data or is willing to mislead readers to bring them to his own viewpoints. IMHO, both are indicative of someone who should not hold office.
William Waldack
12:09 pm on Friday, January 18, 2013
As I previously posted, I stand by my research and I find myself again being personally attacked, by someone with initials no less. Chicken owners are just dismissive of the arguments that have been brought up nationally. I am not throwing arguments out to see what sticks, but these are arguments that have been posted across the country. Many governments do allow chickens, as does Downers Grove, and when they changed their regulations, may were more restrictive than what our Village already allows.
Carl Walsh in USA Today in “Backyard Chickens Cause Salmonella Outbreak in Dozens of States-7/5/11”
A quote from a position paper “ Chickens attract rodents: Even the cleanest coop is attractive to rats and mice who enjoy the free bedding (straw and shavings) and food. Rodents are generally viewed as pests and their presence is unwanted by chicken owners and neighbors.” The paper goes on about the conditions I have echoed (not made up). The paper is put out by Animal Place, Chicken Run Rescue, and United Poultry Concerns to name a few.
Chesapeake, Va. was going through what we are now and received a Staff report. Each department weighed in, so it wasn’t a Council majority telling top staffers what they wanted and having staff “recommend” based on political preferences. The Zoning Admin Dept opposed the ordinance due to negative affects on quality of life, noise, odors, enforcement difficulties, and concerns already listed.
(To be continued)
William Waldack
12:20 pm on Friday, January 18, 2013
(continued) The Animal Enforcement recommended denial because of expected increase in complaints, difficulty capturing and impounding, transmission of disease to humans, ”Chickens in residential areas may attract undesirable wildlife including rabies vectors such as foxes, raccoons, opossums, and coyotes.”
They continue, “ Many residential dogs will not be accustomed to chickens and will recognize them as prey. They will not understand why chickens are not fair game.” Additional commentary indicated that dogs may themselves become a nuisance ( noise, attacks etc), that may result in the dogs being penalized! In Virginia, a dog that attacks poultry is put down. Obviously, the concern is for previously behaved dogs that may be penalized for the newly arrived “attractive nuisance”.
The Health Dept listed a number of diseases and concerns and suggested ways to minimize the spread. Some diseases are airborne and they suggested avoiding infected dust by keeping it damp. (Numerous articles about smell suggest that damp chicken manure is the cause of the smell associated with coops.) Apparently, you can avoid the infectious dust and risk illness or you can put up with the smell knowing you are healthier for it?
Staff had opposed the revision which would allow chicken farming on less than an acre because it was a public nuisance.
Merely arguing research and facts, If MC thinks this is a shotgun approach, it's only because these are the issues.