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Tuesday, October 27, 2015

Keeping Chickens "Much the Same as Having a Vegetable Garden"

A municipality brought an ordinance violation action against a resident arguing that he was violating local zoning ordinances by keeping chickens on his property. Specifically, the city argued that he was illegally conducting a prohibited agricultural use in a residential district. 

The resident defended against the charges by testifying that he had been raising chickens for about 4 years and considers them his pets. He also testified that he does not sell either the chickens or the eggs. 

The court rejected the city's argument that raising chickens was an agricultural use, instead finding that his raising of chickens on his property was an incidental permitted use of the residential property, "much the same as having a vegetable garden." The court also noted that normal incidental uses include having pets. Since no commercial farming use was established, the resident could keep his pet chickens.  City of Sparta v. Page, 2015 IL App (5th) 140463-U

Post Authored by Julie Tappendorf


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