Unity zoning panel turns down couple's appeal to keep chickens in their backyard

Jeff and Kristin Kuhns are considering their options now that Unity’s zoning hearing board denied a variance they sought to continue raising chickens in their backyard.

After the board voted to deny the variance at a special meeting this week, chicken owners Jeff and Kristin Kuhns said they would await a written explanation of the decision before determining a potential response. Solicitor David DeRose, who noted the couple has 30 days to appeal, said the written decision might be signed at the zoning panel’s regular meeting, later this month.

Kristin Kuhns said the couple was disappointed, but not surprised, by the zoning board’s ruling. “We’ll be talking to our attorney,” she said.

The couple appealed a July 13 township violation notice stating they aren’t allowed to raise their flock of 20 chickens on their property because it is smaller than the 2-acre minimum the zoning ordinance requires for keeping fowl. The township also found the couple’s chicken coops are closer than the 100-foot minimum setback from a neighboring property.

During a multi-day hearing, the couple testified that, while chickens are classified as farm animals in the zoning ordinance, they consider their birds to be pets.

Kristin Kuhns presented a letter from her physician supporting her claim that the chickens provide her emotional support and “help reduce anxiety and stress,” a hardship claim she noted was not addressed in the zoning panel’s discussion before Monday’s vote.

Neighbors told township officials they have been bothered by crowing and odor from the Kuhns’ flock.

Kristin Kuhns stated that she follows guidance from the Penn State extension in composting bedding her chickens have used and now places it in covered bins so it will be less offensive to neighbors.

Zoning board member Jackie Nindel expressed regret in voting against the variance.

“It breaks my heart to have to deny this,” Nindel said. “I believe the chickens are well cared for and they are loved members of the family.

“Nevertheless, they are fowl. And as such, under the ordinance, they are prohibited on your size lot. Until our ordinance is changed, that’s the way it is.”

“This case was a very hard case,” said fellow board member Tim Thomas. But, he noted, “The people that come to this township expect us to uphold the laws.”

The Kuhns are among backyard chicken hobbyists in Unity who have urged the township to revise the ordinance and ease restrictions on keeping the birds. The township supervisors have taken no action on the issue since the planning commission this month recommended against making any such change.

The couple said Unity’s policy concerning chickens should be spelled out more clearly on the township website.