Unity planning board recommends against easing restrictions on backyard chickens

Proponents of raising backyard chickens in Unity got no help this week from the township planning commission, which recommended against easing restrictions on the practice.

Solicitor Gary Falatovich said the recommendation will be presented to township supervisors at their regular meeting on Thursday.

The commission voted 5-1 to recommend retaining zoning language that requires a minimum of 2 acres for raising fowl and a setback of at least 100 feet from neighboring properties for placing a chicken coop.

The recommendation brings to a head a debate about chickens that has been ongoing for the past year, sparked by neighbors’ complaints about 20 of the birds Kristin and Jeff Kuhns are raising in their backyard in the Lawson Heights neighborhood.

Leading advocates for a change in the rules, the couple also is seeking a variance in an appeal of a township notice charging them with falling short of both of the minimum zoning requirements. The zoning hearing board is expected to rule on the appeal at a special meeting on Monday.

They’ve said they consider their chickens pets and have suggested the birds are improperly classified as farm animals under the ordinance. They’ve also proposed that the township maintain control over chickens by licensing and inspecting backyard operations, rather than limiting them with acreage requirements.

Tim Schultheis was the sole planning commission member to speak in favor of an ordinance change, but he dismissed the idea of inspecting chicken flocks as an unwarranted cost for the township that would exceed any related permit fees.

Schultheis proposed that backyard chickens be allowed in a “limited quantity,” perhaps no more than four or five on a property, and that enforcement of that restriction should be handled by responding to complaints, not by conducting inspections.

“I think you should have a right to do with your property as you see fit as long as you’re not infringing on anybody else’s rights,” he said.

Commission member Frank Novotny said there are as many as four properties per acre in the section of Lawson Heights where the chicken dispute originated.

“I really think that’s too heavy of a concentration of populace to support the people who are lobbying for a change in the ordinance at the expense of their neighbors,” he said.

Responding to another commission member, Falatovich indicated that enforcement of any changes to the ordinance “would require a certain level of manpower that probably does not exist in the township at this time.”

Schultheis also held that roosters should not be allowed among backyard flocks. Several neighbors have testified that they’ve been bothered by crowing and odors from the Kuhns chickens.

Planning commission Chairman Tom Baumann noted he helped clear away chicken manure while growing up on his family’s farm. “It stinks,” he said.

Kristin Kuhns has testified that the couple follows recommended measures for cleaning their chicken coops, to maintain the health of their flock.

Jeff Kuhns has pointed out that there are many other township residents who own backyard chickens and could benefit from changes to the zoning ordinance.

Commission member Eric Turin said he couldn’t justify changing the ordinance for what he considers a small percentage of the township populace. “I can’t think of any way to please everybody,” he said.