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Home My WebLink AboutPacket - 02/22/2011 - Community Development Committee Fi7LE COMMUNITY DEVELOPMENT COMMITTEE MEETING AGENDA February 22, 2011 7:00 P.M. City Council Chambers TOPICS OF DISCUSSION: l. Public Input (3 minute limitation) 2. Discussion on Residential Chickens 3. Discussion on Building Code Update 4. Other Business AGENDA SUPPLEMENT TO: Community Development Committee FROM: Douglas Martin, Deputy City Administrator FOR: February 22, 2011, Community Development Committee Meeting RE: Discussion on Residential Chickens Background. Many communities across the country, as well as the Chicagoland region have wrestled with allowing backyard chickens (hens only/roosters prohibited) or chickens in single-family residential neighborhoods. There is a lot of information available on this topic and it appears,in the Chicagoland region, communities are split down the middle between allowing chickens in residential areas and prohibiting chickens in these areas. In some communities this has been a very divisive issue. Many misconceptions, however, exist regarding this topic. Attached are some informational pieces addressing frequently asked questions and common myths and realities, as well as a Chicken Ordinance Survey completed last year by students from DePaul University. The survey includes twenty municipalities from across the nation and focuses primarily on ordinance implementation, enforcement,violations, and complaints from those communities. I've also included an article on "Five things everyone should know about...Urban Chickens". Why are people interested in having chickens as pets? Below are the most common reasons I have found in researching this topic: • They are decent pets; • Lay eggs which are fresh and more nutritious than eggs which come from a factory setting (33% less cholesterol, 25% less saturated fat, 66% more Vitamin A, twice as much Omega 3 fatty acids, three times as much Vitamin E and seven times more beta carotene than eggs purchased in a grocery store); • Bug control; • Production of high nitrogen fertilizer; • Educational; • Commercial chicken production is inhumane; • Less chemical usage and potentially a reduction in ground water contamination; • Reduction in air pollution related to transporting product; and • Sustainability. r What are the critics saying about having chickens as pets? These are the main reasons I have found why people do not want chickens in residential areas. • Increase in predators; • Health risks (avian flu and salmonella); • Rodent attraction; • Dirt, noise, and odor concerns; • .Chickens may roost on neighboring fences or escape; • Slaughtering of chickens possible; • Irresponsible caretakers; and • Selling of surplus eggs out of home. Analysis. Since 2008, the city has received four complaints regarding chickens, ducks and roosters in residential areas. In accordance with Chapter Six of the Municipal Code, Animals and Fowl: "Except as authorized by the issuance of a conditional use permit in the A-M Agricultural and Mining Overlay District, no person shall keep or harbor within the corporate limits of the city any horses, ponies, cattle, cows, buffalo, sheep, goats, swine, chickens, geese, ducks, turkeys, pigeons, and other livestock." As previously stated many communities in this area are dealing with the issue of permitting chickens in single-family residential zoning districts. Some communities simply prohibit them outright including Mount Prospect, Skokie, Lombard, Glendale Heights and Schaumburg. Of those communities that permit chickens, some have ordinances that are very restrictive and make it nearly impossible to comply such as: • Village of Wood Dale permits chickens as long as they are at least 450 feet from any neighboring residence; • Village of Oak Brook permits chickens only on lots ten acres or larger; • Village of Itasca and Village of Westmont permit chickens but require a 150-foot setback from neighboring residences; • Village of Arlington Heights permits chickens but requires a letter from a licensed veterinarian certifying they are safe and a rabies shot is required if the potential for rabies exists and residents are limited to two; and • City of Wheaton only allows chickens as part of a 4-H educational program only for no more than 90 days. The communities that permit chickens and have what I would term "reasonable"restrictions include Evanston, Warrenville, Chicago, Madison, Decatur, Downers Grove,Naperville and West Dundee. 2 What are "reasonable"restrictions? Below are some commonalities in regulations share by these communities: • Up to four hens permitted(no roosters allowed); • Requiring a 20-75 foot setback from any property line; • All coops, pens, chicken runs and yards must be kept clean and some require cleaning every 24 hours (which would be difficult to enforce); • Chickens must be entirely confined in a pen, coop, building or other enclosure at all times; • Chicken runs and coops are not permitted in a home or attached garage; • Chicken coops are treated as accessory structures for zoning purposes; • Coops are required to ensure protection from weather-particularly cold temperatures; • Lot size of 10,000 square feet or larger; • License and fee required for each coop; • Coop standards and inspections required; • Feed must be kept in rodent-proof containers when not being used; • Selling eggs commercially out of residence prohibited; and • Slaughtering prohibited. Other less common restrictions include: • Chickens must have their wings clipped; • Chickens may be in the open if they are tethered securely to a fixed object; • Prohibiting space heaters or other units requiring an extension cord; • Chickens cannot exceed 15 pounds; • Coops and chicken runs must be predator proof; • Notification and approval required from neighboring properties; • Coop licenses limited to 20 in first year; • Proof of registration with the Illinois Department of Agriculture Livestock Premises Registration required; and • Free range chickens prohibited. Should a minimum lot size requirement be imposed? As a point of reference for discussion purposes if there is a minimum lot size of 10,000 square feet required by the City of McHenry, chickens would generally be limited to RS-2, RS-1, RS-lA (none currently exist) and E zoning districts (no subdivisions currently with E zoning, only individual parcels). Lot sizes in the RS-3 and RS-4 districts are typically less than 10,000 square feet. Many communities require a minimum lot size (10,000 square feet is common). However in staff s opinion, this restricts where chickens are permitted community-wide. Minimum lot size in itself is not a crucial issue. Setbacks from neighboring properties are the main issue in terms of noise, smell, and sight. Requiring minimum setbacks on any lot size is another alternative to allow more homeowners the opportunity to have backyard chickens. 3 r With a 10,000 square foot minimum lot size requirement where would residential chickens generally be permitted in the City of McHenry? Boone Creek Pebble Creek Legend Lakes Fox View Highlands Liberty Trails Park Ridge Estates Burning Tree Lincoln Hills Martin Woods Riverside Hollow Deerwood Oaks of McHenry Woodcreek Olde Mill Ponds Wooded Ridge Lakeland Shores Glacier Ridge Portions of Millstream Glacier Heights Portions of McHenry Shores Green Valley Brittany Heights Knox Where would chickens generally be prohibited, in the City of McHenry, with a 10,000 square foot minimum lot size requirement? Abbey Ridge Edgebrook Lakeland Park Edgebrook Heights Brittany Park Cooney Heights Oaks at Irish Prairie "original"McHenry Fox Ridge Mill Creek Winding Creek Portions of Millstream Trails of Winding Creek Portions of McHenry Shores Whispering Oaks Country Club Pheasant Valley Country Club Estates Lakewood Staff recommends considering the following items when contemplating an ordinance to allow residential chickens: Limiting chicken coops to the buildable area of a lot with a minimum setback from neighboring properties is something to consider so coops could not be located in a required yard or building setback area. Staff would likely recommend treating the coops similar to a doghouse or other inhabitable structures and not as accessory structures. Staff would also recommend concentrating regulation on the following: the location of coops/runs; number of chickens/coops permitted on one lot; height of chicken coops; ensuring coops are fully enclosed and weatherization/electricity is provided and they are stable and will not fall apart or get destroyed during rain, snow, or high winds; and meeting required building code standards for winds and snow loads. This would require the structures to be designed to sustain 90-mile per hour winds and to withstand 25 pounds per square foot as far as a snow load is concerned. Staff would recommend an annual licensing requirement to track the location and number of residential chickens in the community for property maintenance and code enforcement issues and to 4 c ensure chicken coops and runs are-setback and located in appropriate areas in relation to neighboring properties. In addition, staff would direct residents who want to raise chickens to review applicable subdivision covenants, deeds, or other restrictions and receive prior approval from their homeowners association, if one is active. Although the city does not enforce private covenants we do request residents living in subdivisions with active homeowners associations to approach the association for review and approval for several minor permits such as sheds, fences, and pools. However, the city would not holdup issuing a permit if all city ordinances, rules, and regulations are followed and required permits and/or licenses are obtained. What steps would be required to permit residential chickens in the City of McHenry? To allow residential chickens, the matter would need to be brought to the full City Council for consideration after which, the Council would refer the matter to the Planning and Zoning Commission for a public hearing on the zoning issues. Subsequently, the City Council would need to approve zoning restrictions allowing residential chickens, as well as an amendment to the Municipal Code requiring a license and associated licensing procedures, costs, and requirements. 5 COOPSEXAMPLES OF BACKYARD CHICKEN �, •� yr,"4 �: _ e 7• -. .. ^. i!? 3 Backyard Hens Facts and FAQs -Myths and Reality Page I of 8 Life Trans planet Coloi-acfo. Niciio 1�icor�wl life cis(-kvI1cj-O ()I tile Backyard Hens Facts and FAQs a/ There are a lot of misconceptions out there about raising chicken hens in your backyard whether in the city or country, so we've set out to provide you with some FACTS and answer some FAQs (Frequently Asked Questions). Common Myths and the Reality of Chicken Hens Myth# 1) They are noisy. (Q: Are chickens noisy?) Reality: Chicken hens are one of the quietest domestic animals. They cluck softly from time to time, and will often cluck to let you know they recently laid an egg. Unless they are in danger, they do not squawk. They sleep at night just as people do and are completely quiet from dusk to dawn. They are quiet because they want to be left alone to hunt and peck and do not want to attract attention to themselves. Roosters, on the other hand, can be quite noisy as this is their role in the flock. Myth# 2) They are dirty. (Q: Are chickens dirty or smelly?) Reality: Chickens are very clean animals. They will occasionally give themselves "dirt baths"but this is actually in order for them to preen their feathers and keep themselves clean and cool. Their droppings usually do not smell, especially if they are allowed to range freely In a grassy yard and are not caged or confined in a small area. The droppings are easily hosed off and break down into an excellent fertilizer for the lawn. Just like all pets and animals, chickens need responsible owners to keep the area tidy and clean out the living area from time to time. Myth#3) They are 1'3 d World creatures". (Q: Aren't chickens "3rd World creatures"?) Reality: Chickens have been given a bad rap. Because they are so low maintenance and cost so little to raise, many people view them as a social status symbol of the uncivilized or uncultured class. This is completely an image issue. Some areas of the world have problems with stray dogs. This is not because dogs are inherently'Td World creatures", but rather because the animal control laws of those http://www.lifetransplanet.com/backyard-hens-facts-and-faqs-myths-and-reality/ 12/14/2010 Backyard Hens Facts and FAQs -Myths and Reality Page 2 of 8 countries are not adequate. As long as chickens are raised responsibly and the owners adhere to all the other existing animal control codes including keeping them fenced in, they are perfectly fine pets in our area. Many areas in the US with high incomes and high standards of living have very chicken friendly codes including Madison, WI, Portland OR, Loveland, Fort Collins, and Longmont, CO among many others. Myth#4) They carry disease. (Q: Do chickens carry disease?) Reality: Chickens are just like any other animal including humans, dogs, cats and others when it comes to disease. They are not any more likely to carry disease than a dog. If they are well-cared for, fed, watered and kept in a clean environment, then they are more likely to stay healthy. Diseases are much more likely to be harbored in confined animal feeding operations due to their sheer size and tight conditions than in a healthy backyard setting. Myth#5) They attract pests. (Q: Do chickens attract pests?) Reality: To the contrary, chickens love to eat insects of all kinds including worms,beetles, grasshoppers, earwigs, mosquitoes and their larvae, fly larvae, ticks and more and are one of the best methods of insect control. Chickens have even been known from time to time to eat small mice! As long as their feed is properly stored just as dog or cat food should be, it will not attract added pests either. Myth# 6) They attract predators. (Q: Do chickens attract predators?) Reality: It is true that predators such as foxes, skunks,racoons and hawks often eat chickens if they can catch them. However, these same predators might eat cats,rabbits and even small dogs if given the opportunity. Chickens do not attract predators any more than these other animals. They have instinctual defenses that protect them from these predators, such as sleeping in a protected area (coop) at night and making very little noise. Most family dogs and cats generally leave chickens alone and throughout the ages have all lived together in harmony. Myth# 7) They need a lot of space. (Q: How much space do chickens need?) Reality: Free range chickens need very little space. Most poultry associations designate that chickens need about 3 square feet of ranging area. Of course they will do even better with more, but an average -sized backyard would easily accommodate 4-6 chickens -no problem. Chickens are completely content to peck around in a fenced yard and have no reason to flap over fences, especially if they are not able to look through those fences at scrumptious bugs on the other side (privacy fencing works best). A small coop to sleep in at night is required. This can be very small if it is only used for sleeping. A coop that is 3x3x3 feet for about 4 chickens would be perfect if they are allowed to roam feely during the day. A coop of this size is about the same size as an average dog house. Myth#8) They require a lot of equipment, work, or time. (Q: Does it take a lot of work to raise chickens?) Reality: Chickens are very low maintenance. They simply need water, food and shelter. They do not need to be groomed, washed,pet, walked, spayed, neutered, or trained. You can spend as little or as much time with them as you want. Their bedding area should be cleaned out about once a month which is not much of a problem. Myth#9) Chickens are dangerous to have around children. (Q: Are they dangerous?) http://www.lifetransplanet.com/backyard-hens-facts-and-fags-myths-and-reality/ 12/14/2010 Backyard Hens Facts and FAQs -Myths and Reality Page 3 of 8 Reality: While chickens are thought to have evolved from the Tyrannosaurus Rex, chickens are definitely not dangerous. Most chickens have no interest in humans unless they are feeding them. They have no teeth and could not hurt a child as a dog or cat might. Myth#10) You need a rooster in order to have eggs. (Q: Don't you need a rooster?!) Reality: Roosters are unnecessary in the laying process and, in fact, are unnecessary to raising chickens. Chicken hens will lay eggs with or without a rooster. The only difference is that with a rooster, the eggs may be fertilized. Without a rooster they are not. Courtesy: Greeley Backyard Hens Coalition Sources Consulted for pages in this series: Information on this site was sourced from the Fort Collins Urban Hens Coalition, Larimer County Humane Society, J+T Country Feed, the CSU Extension Office in Greeley, the local USDA office, The Weld County Fair, the sites and books listed below and from experiential reports. Websites Urban Chickens Food Securitv Backyard Chickens Raise Chickens Animal Welfare Keeping Pet Chickens My pet chicken Poultry Association NY Times article about backyard hens Books In Defense of Foo&An Eater's Manifesto Michael Pollan The Omnivore's Dilema by Michael Pollan http://www.lifetransplanet.com/backyard-hens-facts-and-faqs-myths-and-reality/ 12/14/2010 Chicken Ordinance Survey Hugh Bartling - DePaul University - hbartlin@depaul.edu Introduction In February 2010 students from Professor Hugh Bartling's class on Green Urban Policy interviewed staff members from over 20 municipalities throughout the country which have recently adopted ordinances allowing citizens to keep poultry in residential districts. Cities were chosen from internet searches for media reports on chicken ordinances and lists compiled by the Evanston Backyard Chicken Group. The list of cities surveyed can be found in the appendix. Students were assigned specific cities to contact and administer an eight-question, open-ended response survey. Respondents were comprised mainly of city staff members, although in a small number of isolated cases our respondents were elected officials. The cities are located throughout the country and have enacted poultry ordinances between 2005 and 2009. The focus of the survey was on how the ordinances were implemented. Respondents were asked about enforcement issues, problems associated with violations and complaints, support given by the city to chicken owners, and overall assessment of the ordinance. In general we found that most cities were satisfied with their ordinances, major complaints and infractions were rare, and the adoption of chicken ordinances have been looked upon positively. Below we will detail the survey questions and summarize the answers. Although we surveyed 23 municipalities, not all cities chose to answer each question. Q1 Have you seen problems with people abandoning chickens or them getting loose? Of the 20 cities responding to this question, 17 indicated that chickens getting loose has not been a problem. The remaining three reported isolated instances of chickens getting loose. One city reported that the adoption of the ordinance actually reduced complaints since their ordinance requires chickens to be confined in coops. Q2 How many violations of the ordinance has your community detected? Of the 18 responses to this question, 10 reported no violations. Two cities reported one violation, two cities reported four violations, one city reported four violations, and one city reported twenty violations. Two cities reported a range--between 12-15 in one case and between 5-10 in another. Number of ordinance Violations Detected by Cities 12 11 10 10 a 9 c r @ a 7 ! 6 �s S 5 ff 1 q 7 Z 3 2 1 :t: •;; 1 1 1 0 2�0� ions A vt°�t�ons 510 vlol ions ions 15�o�ltons 00te 1� Number of violations Q3 How many complaints about chickens has the city seen since the ordinance was passed? Of the 19 responses to this question, 13 reported 0-2 complaints. One said complaints were "rare." Two respondents reported between 5-10 complaints, and three single cities reported 12, 32, and 115 complaints. One respondent indicated that their city sees more complaints about barking dogs than they do for chicken ordinance violations. Q4 How is the ordinance enforced? This question elicited many different answers, which is reflected by the fact that there is no uniformity amongst the various ordinances passed in each city. Generally ordinance enforcement is complaint-driven with zoning officers, health inspectors, or animal control officers responding to citizen reports of potential violations. Of the 21 respondents to this question, five indicated that they require chicken keepers to apply for city-issued permits. Likely due to the minimal number of complaints, enforcement has not been a major problem in any of the cities we surveyed. QS Do you have any literature or information that you give to chicken owners about proper treatment of the birds? Of the 21 respondents to this question, only three provided chicken care and treatment information. It was more common for cities to provide information on the specifics of their ordinances which pertain to coop structures and siting of coops. Two cities refer chicken owners to community groups and internet sites for education material. Q6. Since the ordinance was passed have there been any amendments? What was the nature of any amendments? Of the 23 respondents to this question, only four cities reported amendments to their ordinances. In two of these cases, the cities had originally restricted chicken keeping to single-family homes and the revisions allowed the practice on lots that contained up to four housing units. One municipality expanded their ordinance to allow the raising of ducks and another simply reported "minor" amendments. Q7 In your estimation has the adoption of a chicken ordinance been positive or negative for your city? Of the 21 respondents to this question, fifteen reported that the ordinance has been "positive." Six respondents reported that the ordinance has been "neutral." No cities reported a "negative" experience. In the open-ended responses to this question, some of the positive respondents reported that the ordinance helped promote sustainability in the community. Respondents who said it was "neutral" indicated that the ordinance brought many citizens into compliance with the law and that the rules served to relieve tension in the community. Has the ordinance been poshive,nepativa or neutral In your city? 17 16 15 15 14 13 z. r 12 C 11 10 9 0 8 7 6 6 2 5 i 4 3 0 a is2 0 Po�lve ��`� Ne9au� Q8 Have there been any unanticipated issues that have emerged as a result of allowing residents to keep chickens? This open-ended question elicited a variety of responses, although the vast majority indicated that there have been no unanticipated issues. One respondent indicated that many people wondered before the ordinance was passed how chicken- owners would deal with birds that no longer lay eggs. They found that most chicken owners treat their birds as pets and keep them as part of the family until their natural death. Several respondents mentioned that the exclusion of roosters as pets and having a limit on the number of birds each resident could keep were important in insuring effective ordinances. Appendix Communities Surveyed Ann Arbor, MI Baraboo WI Belmont, MA Boise, ID Bozeman, MT Buffalo, NY Deluth MN Durham, NC Eugene, OR Fort Collins, CO Gulfport, FL Huntington, NY Lawrence, KS Madison,WI Missoula, MT Moab, UT New Haven, CT Portland, OR South Portland, ME St. Paul, MN State College Borough, PA . Back List Five things everyone should know about.. . . Urban Chickens By Ron Kean 1., .Chickens are definitely going.mainstream.Whether it's due to the interest in locally produced foods or simply a desire for a natural hobby, a.growing.number of urban and suburban residents are raising chick- ens.it's now legal to keep chickens as pets (under certain conditions) in many i ities,including Madison,Chicago,New York, Seattle and St. Louis, and several others are considering allowing the practice.There's no good data on how many people are taking up backyard chicken farming,but Backyard Poultry, a magazine published in Wisconsin,sells about 95,000 copies each issue. 2 Buy the bird,get the eggs for free.Madison's backyard chicken networking group,Mad City Chickens,champions the hen as a"pet with benefits."Not only do they come in many shapes, sizes and.colors, but they provide eggs,consume kitchen waste and produce fertilizer for gardens.They're also relatively inexpensive and can live comfortably in urban-sized yards. On top of that,they're just interesting—chickens have social behaviors that make them fascinating companions for chil- dren and adults alike:With some handling and treats,they can become very tame around people. 3 �. And were talking about a lot of eggs.It takes a hen about 24 to 26 hours to make one egg.A hen bred for:commercial production can lay about 300 eggs per year in her prime.Breeds that have been selected for other traits,such as color or pattern,will generally lay fewer,as will older hens.But a good estimate for a backyard coop with four hens is abbut'70 to 80 dozen eggs each year—likely plenty fora family, and the neighbors,too. 4 1 No boys.allowed.Most cities permit residents to keep only hens,fearing that roosters' crow- ing will create disturbance for those living nearby.And that's probably a good idea. Some people don't realize that roosters don't crow only at sunrise—they crow often throughout the day,which can put a strain on neighborly relations.And unless you're.looking to hatch eggs,roosters aren't needed for egg production,anyway. 5 1 And no hormones,either.A common misconception is that poultry producers use hormones to boost egg production in their hens.Not only is hormone use illegal in the United States,it's unnecessary.Those phenomenal production levels are the result of years of careful genetic selec- tion,nutritionally balanced rations and good flock management. Ron Kean is the extension poultry specialist for CALS and UW-Extension.In addition to teaching courses on the biology and management of poultry for the Department of Animal Science and leading workshops for professionals and hobbyists around the state,he is a regular columnist for Backyard Poultry magazine,where 'he answers questions about everything from predator prevention to proper care of chick feet. RR rrnw r II 7nin Chickens pass muster in Evanston- Chicago Tribune Page 1 of 2 Advertisement 27 29 39 32 34 36 37 N 41 142 44 49 48 14111r !531641NIS8111111111 53 BS ell 64; 70 72 73 75 ARTICLE COLLECTIlONS You are here ChicagoTribune.com Collections Ads byGoogle Chickens pass muster in Evanston Oroank:Groceries Online We deliver organic produce City Council approves ordinance allowing hens in backyards and groceries right to your doorl September 29,2010.1 By Jonathan Builington,Tribune reporter chicago.doortodoororganics.com Evanston's flock of would-be chicken owners can feel a little less henpecked now that officials have ended a 36-year ban on Salmonella-Free Enos raising chickens within city limits. Pasteurized in the shell. "The environment won out over fear,"said Ellen Kin a member of a group called Evanston Backyard Chickens. Use in any recipe—even 9 9 P Y yawl Kin s 75-member organization has worked for year lobbying officials to allow residents to raise hens—roosters aren't www.SateEggs.com 9� � Y Y 9 permitted—in their backyards as pets and for food.The payoff came Monday night when the City Council voted 6-3 to allow Free Range Chicken chickens. Order direct from our farm Ads by Google Advertisement in MNI Happy chickens make better food. www.PrairiePridePork.wm Find Local Poultry Farms Search Poultry Farms in Your Area Find La Cense Beef Sale Listings on YELLOWPAGES.COM. Walk-in Medical Clinic Save up to$300 on Grass Fed Beef During This yellowpages.com Holiday Sale Eventl L^l9/No appointment needed www.LaCenseBeef.comlHoliday {� Famil nurse practitioners Sale' Chicago Dining Coupons ,_./ y p Up to 90%off top-rated local eats! LYf Open 7 days a week Peaood®official Site Ridiculous new deals every day. Groceries Delivered to Your Door Save Time& Groupon.com/Chicago ® "4®minute I Effort.Relax[ clinic p,..mr,cy www,Peapod.com FEATURED ARTICLES Supporters herald backyard hens as a healthy alternative to"factory farm"chickens and eggs,which they say are more likely to Epiphany or bust be the cause of outbreaks of salmonella and other diseases. kl�v.HS,^u?e They also tout other benefits of chickens—all that quality fertilizer for gardens,for example. Food retailers press for Oak Park,Northbrook,Hoffman Estates and Arlington Heights have similar ordinances that allow backyard hens.So does humane farming Chicago. 402 "These animals will have to be within our ordinance,which is very specific,"Aid.Mark Tendam,6th,said."To say they're going to smell bad or make noise is just not reasonable,because I think they'll be so well-provided for.No one really wants to risk losing them." Comparing hen ownership with a"fad,"Aid.Judy Fiske,1st,questioned whether people realize the potential health and nuisance impact. "In the end,I would like you to think that this is an unnecessary ordinance,"she said,adding that organic eggs and chicken meat can be purchased at local groceries. Opponents also said chickens would attract rodents and predators such as raccoons and opossums,and would create unwanted smells and noises. "People are afraid of change,"King said."After the first year,residents won't be concerned." During the discussions,chicken supporters provided aldermen with a February 2010 DePaul University survey. Students interviewed officials in more than 20 municipalities across the country that have similar laws,and found that most were"satisfied with their ordinances." Major complaints and infractions were rare,the survey found. "I think this is a small step for chickens and a big step for sustainability and green life in Evanston,"said Aharon Soiomon,a member of Evanston Backyard Chickens. A chicken can cost$10;a prefabricated coop can run up to$500. The ordinance sets guidelines for proper coop construction and maintenance.Hen owners also will have to notify their adjacent neighbors before receiving a license,but they won't need their approval before acquiring hens—a requirement that was in one of the ordinance's earlier drafts. http://articles.chicagotribune.com/2010-09-29/news/ct-met-evanston-chickens-20100928... 12/14/2010 Chickens pass muster in Evanston- Chicago Tribune Page 2 of 2 "I'm sure there are neighbors who would have legitimate concerns,and that's why 1 think the notice component Is important," d Wilson,4th,said."But I wouldn't want someone...held hostage by a neighbor or extorted In some way." will}WA tq q#y&$50 licensing fee.No more than 20 coop licenses will be issued in the first year,officials said. "If there's a problem we should be acting before that first year Is out to change the way we're doing this,"Wilson said. Index by Key"f`tYj1hd§thttR®ifie privacyo Policy Ads by Google Cheap meat?At what Cost? Antibiotic resistant bacteria add billions to health care costs www.saveantibiotics.org http://articles.chicagotribune.com/2010-09-29/news/ct-met-evanston-chickens-20100928... 12/14/2010 COMMITTEE SUPPLEMENT TO: Community Development Committee FROM: Ryan L. Schwalenberg Director of Construction and Neighborhood Services FOR: February 22,2011, Community Development Committee Meeting RE: Update Building Codes Background. Building Codes were initially created in order to establish predictable, consistent minimum standards for the construction, safety, and health of the built environment which we live, work and play. Due to rising costs of building operations in recent years codes have also evolved to include provisions for energy efficiency. The City of McHenry adopted and enforced its first building code over 50 years ago and has updated it six times since. The most recent update occurred four years ago in August 2006, with the adoption of the 2000 edition of the International Code Council (ICC) Family of Codes, which includes residential, building, fire, mechanical, property maintenance, and fuel gas. The 1999 edition of the National Electric Code as well as the State of Illinois mandated 77 Illinois Administrative Code, Part 890 (Illinois State Plumbing Code) and Illinois Accessibility Code were also adopted. Approximately one year ago, on January 29, 2010, the State of Illinois passed legislation requiring the 2009 edition of the International Energy Conservation Code also be enforced by local jurisdictions. Staff Analysis. Typically, model building codes similar to codes used by the city since 1978, are amended or updated on a three-year cycle. Adopting more up-to-date codes allows new technology, materials, and procedures to be made available for use. In some cases this can lead to reduced construction cost; reduced construction time; and, reduced operating costs once the building has been completed. The number of updates that have taken place from the 2000 edition to the 2006 edition of the codes are too numerous to list in this supplement. I have included a brief description of the major changes for your reference. You will notice that the recommendation is for the adoption of codes that are already five-years old. This is done so that staff has sufficient time to become familiar with the new requirements and resolve any potential interpretations. Recommendation: 1) To discuss the adoption of the following model codes including amendments; 2006 International Building Code 2006 International Residential Code 2006 International Fire Code 2006 International Fuel Gas Code 2006 International Mechanical Code 2009 International Property Maintenance Code 2005 National Electric Code 2) To discuss the adoption "by reference" of the State of Illinois mandated International Energy Conservation Code. Maim Code Changes and Amendments 2006 edition of the International Building Code Section 302.1 Added text to reflect that any room or space occupied at different times or for different uses shall be required to comply with all the requirements for each of the uses. (i.e. School being used as a church) Section 402.11 Added playground structures to building codes if of over 10-feet high and over 150 square feet size. Section 406.2.5 Clarified that vehicle ramps in parking garages are not a means of egress unless a pedestrian walk is provided and the ramp pitch does not exceed 1:15. Section 507.6 Churches are now included in unlimited area buildings along with use group A-3 Assembly as along as all provisions of the code are complied with. Section 707.14.1 Elevator lobbies are now required in all buildings that are over three stories in height. There are six exceptions to the requirement including such things as hoist way pressurization and fire suppression. Section 715.4.6.3.1. All fire rated glazing is required to be clearly identified as such. Section 715.2.6 Combustible architectural trim, such as eyebrow roofs, are required to be fire stopped every 20 feet but now each fire area cannot exceed 100 square feet. Section 806.1 Moveable walls and/or partitions are now considered as interior finish if they exceed 10% of the wall area and are subject to flame propagation performance criteria listed in NFPA 701. Section 903.2.7 Automatic sprinkler systems are now required in all use group R buildings other than those covered by the International Residential Code. Section 903.3.1.2.1 Sprinkler protection is now required for all exterior balconies, patios and decks where the building is of type V (Light wood Frame) construction. Section 1003.2 The minimum means of egress ceiling height has been increased from 7' to 7'-6". Section 1105.1 A minimum of 60% of all public entrances are now required to be accessible. Section 1507.2.8.2 The requirement for ice dam protection has changed from areas subject to freezing to areas having a history of ice forming. Section 2206.5 At the completion of fabrication the steel joist manufacturer is required to submit a compliance certificate stating the steel has been formed in compliance with the approved construction documents. Municipal Code Amendments/Changes for International Building Code Section 7-51 (5) Remove this amendment "Suspension of Permit". (This is needed to allow staff the ability to suspend permits that either reflect incorrect information or work is preformed that is not covered under the issued permit.) (10) Section 1612.3 Insert "City of McHenry" and "November 16, 2006." (This is needed to allow provisions of section 1612 "Flood Loads" in the code to be used.) (14) Remove this amendment. (Already covered under amendment#3.) (16) Change this amendment to read: "Section 110.2" and not section 110.3. (This is needed to allow for proper code reference caused by a code update.) (17) Change amendment to read: "Delete all references to the 2006 edition of the International Plumbing Code and insert Illinois State Plumbing Code." (Use of the Illinois State Plumbing Code is required by the State of Illinois.) (22) Remove this amendment. (Already been covered under#10.) Delete all references to the 2006 edition of the International Electric Code and 2005 edition of the National Electric Code. (This is needed so that conflicts do not exist between the two codes) Delete all references to the 2006 edition of the International Energy Conservation Code and insert the currently adopted and amended Illinois State Energy Conservation Code. (Use of the currently adopted and amended Energy Conservation Code is required by the State of Illinois.) 2006 edition of the International Fire Code Section 303.5 Extinguishing authority has been added in the case of open burning violations. Section 303.5 Requirements for open flame devices such as torches and machine processes added to code. Section 308.6 Requirements for the preparation of flaming food and beverages added. A maximum of one ounce of flammable/combustible liquid is permitted to be used. A maximum of an 8-inch pouring, spooning, or ladling height is permitted to be used and transporting or carrying of food while it is burning is prohibited. Section 311.5 Placard requirements for unsafe structures added. Section 404.2 Evacuation plans now required for business use groups with an occupant load over 100 persons above or below the lever of exit discharge. Section 905.3.7 Marinas and boatyards now required to be equipped with standpipe systems in compliance with NFPA 303. Section 1011.1 The spacing of exit signage shall be no more than 100 feet apart or no more than the listed viewing distance of the sign apart, whichever is less. Section 3405.5 The maximum permitted capacity for each dispenser containing alcohol based hand rub shall not exceed 68 ounces. Municipal Code Amendments/Changes for International Fire Code Section 7-71 (6) Change amendment to read: "Delete all references to the 2006 edition of the International Plumbing Code and insert Illinois State Plumbing Code." (Use of the Illinois State Plumbing Code is required by the State of Illinois.) Delete all references to the 2006 edition of the International Electric Code and 2005 edition of the National Electric Code." (This is needed so that conflicts do not exist between the two codes) Delete all references to the 2006 edition of the International Energy Conservation Code and insert the currently adopted and amended Illinois State Energy Conservation Code. (Use of the currently adopted and amended Energy Conservation Code is required by the State of Illinois.) 2006 International Mechanical Code Section 304 (A) A vestibule is now required to be installed between an attached garage and any room containing a fuel burning appliance. Section 304.10 Guardrails are required to be installed on all roofs in the area where mechanical equipment is installed within 10-feet of the roof edge. Section 304.23 Water level detection is required to be installed on all mechanical equipment that has been equipped with a pan to collect condensate. The detector shall be capable of shutting down the equipment in the event the drain becomes plugged. Section 506.3.2.5 All commercial kitchen exhaust ducts are required to be tested with a light when complete. Section 507.2.1.1 All Type I commercial hoods to have an interlock that will prevent appliances from being turned on unless the exhaust hood has been activated. Section 507.2.4 Extra heavy duty cooking appliances such as charcoal of wood burning are required to be vented to the exterior of the building separately from all other appliances. Section 507.16.1 A functional containment test is required for all type one (commercial kitchen range) hoods. Section 1301.5 All above grade piping for removed or abandon underground storage tanks shall be removed. Municipal Code Amendments/Changes for International Mechanical Code Delete all references to the 2006 edition of the International Plumbing Code and insert Illinois State Plumbing Code. (Use of the Illinois State Plumbing Code is required by the State of Illinois.) Delete all references to the 2006 edition of the International Electric Code and 2005 edition of the National Electric Code. (This is needed so that conflicts do not exist between the two codes.) Delete all references to the 2006 edition of the International Energy Conservation Code and insert the currently adopted and amended Illinois State Energy Conservation Code. (Use of the currently adopted and amended Energy Conservation Code is required by the State of Illinois.) International Fuel Gas Code Section 310 All metal gas piping is required to be bonded to the buildings electrical system. Section 404.1 Gas piping shall not be permitted to be run thru adjoining townhouse units. Section 410.3.1 Vent piping from gas regulators located inside of buildings shall not be smaller than the connection to the regulator. The pipe is required to discharge to the exterior of the building and each vent pipe is limited to serving one regulator only. Section 614.6 Domestic clothes dryer exhaust duct to now be constructed of metal. Municipal Code Amendments/Changes for International Fuel Gas Code Delete all references to the 2006 edition of the International Electric Code and 2005 edition of the National Electric Code. (This is needed so that conflicts do not exist between the two codes) Delete all references to the 2006 edition of the International Plumbing Code and insert Illinois State Plumbing Code. (Use of the Illinois State Plumbing Code is required by the State of Illinois.) Delete all references to the 2006 edition of the International Energy Conservation Code and insert the currently adopted and amended Illinois State Energy Conservation Code. (Use of the currently adopted and amended Energy Conservation Code is required by the State of Illinois.) 2006 National Electric Code Section 210-8 (A) All receptacles that are located within 6-feet of laundry tubs and utility sinks shall be ground fault circuit interrupt (GFCI) protected. Section 310-8 (D) All conductors that are exposed to direct rays of the sun shall be listed and labeled as being sunlight resistant. Section 314.24 (B) (1) Screws or nails used to secure boxes must be run thru approved box brackets or, thru the back of the box as long as the heads of the fasteners do not extend more than a % inch into the box. Screws are permitted to extend through the box as long as provisions are made to cover the exposed threads to prevent conductor insulation damage. Section 334.15 (B) Protection now required when running non-metallic cable thru floors. Section 410.73 (G) Each lay-in fluorescent light fixture is required to have a separate disconnecting means. Switch installed at fixture. Section 422.16 Range hoods are not allowed to be cord and plug connected instead of being hard wired. Section 422.51 All vending machines are now required to be protected by ground fault circuit interrupt (GFCI) protection. Depending upon the age of the machine will depend upon whether the GFCI protection is located in the cord or the receptacle. Section 525.10/11 Multiple generators that are used to power amusement or carnival rides are now required to be electrically bonded together. Section 625.2 Golf carts are now defined as electric vehicles and are subject to charging requirements as listed in the National Electric Code. Section 680.8 The overhead clearance requirements for wires running over swimming pools must be taken from the maximum allowable water level and not the actual water level. Section 680.12 Disconnect switches for pools, spas and hot tubs to be readily accessible. Section 680.32 All receptacles located within 6-feet of storable pools shall be ground fault circuit interrupt protected. Municipal Code Amendments/Changes for National Electric Code Section 7-125 (c) Delete amendment requiring "All underground wiring in rigid conduit". (This is no longer necessary because a determination cannot be made why it was originally created, and the National Electric Code addresses installation of all materials.) (e) Remove the first sentence of this amendment "All electric outlets, switches and light fixtures shall be provided with metal boxes, which shall be grounded." (This is no longer necessary because a determination cannot be made why it was originally created, and the National Electric Code addresses installation of all materials.) 2009 edition of the International Property Maintenance Code The 2009 edition of the Property Maintenance Code provides clearer direction regarding what a substandard, dangerous and unsafe condition is. Previous editions of the Property Maintenance Code contain a generic statement leaving the determination up to the code official. Section 304.18.1 Dead bolts are required on the entrance doors of all rented or leased dwelling units. Section 403.3 Devices such as coffee pots and microwave ovens are no longer considered as cooking appliances. Municipal Code Amendments/Changes for International Property Maintenance Code Section 7-101 (2) Change this amendment to read Section 103.6 and not 103. (This is needed for proper reference as well as protection of staff while performing their duties.) (11) Add "see section 22-20 of the Municipal Code." (This is needed for proper reference to city requirements.) (The following changes are needed to clarify occupancy requirements. The 2009 edition of the International Property Maintenance Code states "in the opinion of the code official" which could create the possibility of unfair enforcement of the code.) Delete all references to the 2006 edition of the International Electric Code and 2005 edition of the National Electric Code. (This is needed so that conflicts do not exist between the two codes) Delete all references to the 2006 edition of the International Plumbing Code and insert Illinois State Plumbing Code. (Use of the Illinois State Plumbing Code is required by the State of Illinois.) Delete all references to the 2006 edition of the International Energy Conservation Code and insert the currently adopted and amended Illinois State Energy Conservation Code. (Use of the currently adopted and amended Energy Conservation Code is required by the State of Illinois.) Section 404.4.1 Delete text and replace with: Every bedroom occupied by one person shall contain at least 70 square feet (6.5 M2) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 M2) of floor area for each occupant thereof. Section 404.5 Delete text and replace with: Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5. Insert Table 404.5 TABLE 404.5 MINIMUM AREA REQUIREMENTS Space MINIMUM AREA IN SQUARE FEET 1-2 Occupants 3-5 Occupants 6 or more Occupants Living Room a, b No Requirements 120 150 Dining room a, b No Requirements 80 100 Kitchen b 50 50 60 Bedrooms Shall comply with Section 404.4 Add Section 404.5.1. Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with section 404.4 Add Section 404.5.2 Combined spaces. Combined living and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combined living room/dining room. International Residential Code Table 302.1 Fire ratings for exterior walls of residential structures are now dependent upon the fire separation distance to the property lines. Section 303.6 Light fixtures need to be located at each landing on stairways unless a minimum of one- footcandle of light is provided on the entire run of stairs. Section 310.1 All basements are required to have emergency escape windows. Section 404.5 The requirement for the support of all retaining walls over 24-inches in height has been added. Section 502.1.6 All wood, including logs, used for structural purposes in log homes are now required to be structurally graded and stamped. Section 613.2 A minimum sill height or guardrail requirement has been added for operable windows if the window is located more than six-feet above the exterior grade. Table R703.4 Attachment and moisture barrier backing requirements have been added for fiber cement siding. Table 703.1 Added Limitations for the installation of masonry or stone veneer on wood and steel frame buildings. Section R 1002 Requirements for masonry heaters have been added to the code. Masonry heaters are constructed of concrete or solid masonry and radiate the stored heat from their exterior surfaces during and after the heat source have gone out. Municipal Code Amendments/Changes for International Residential Code Section 7-111 (4) Remove amendment requiring plan submittals. (This is repetitive to the model code.) (6) Add climatic and geographic design criteria to Table R301.2(1) (Needed to complete code section.) Ground Wind Seismic Subject to Damage From Winter Ice Barrier Flood Air Mean Air Snow Speeds Design Weathering. Frost Termite Design Underlayment Hazardsg Freezing Temp, Load mph Categoryr Line Tempe Requiredn Indexi Depthb 25 90mph B Severe 42" Med- -4 Yes Nov. 16, >1000- 47.6 (gust) High 2006 2000 70mph (sus.) (9) Section 311.4.2 International Residential Code door type and size. Delete "The required exit door in the first sentence and replace with one of the two required exit doors." (Clarifies that one of the two required exit doors must meet the minimum 36-inch clear width.) (14) Delete all references to the 2006 edition of the International Plumbing Code and insert Illinois State Plumbing Code. (Use of the Illinois State Plumbing Code is required by the State of Illinois.) (22) Remove this amendment. (Repetitive in new code) (36) Remove this amendment. (Repetitive, already covered under 14.) (39) Remove the amendment. (Combination of%-inch thick paneling and 3/8-inch thick drywall provides sufficient thickness of wall covering.) (40) Remove this section and insert "Delete all references to Swimming Pools Chapter 41" and insert "See Chapter 22 of the Municipal Code, Swimming Pools". (44) Remove this amendment. (Repetitive, already covered under (23). Add the following amendment to section R310.2.2 of the International Residential Code: Window wells with a depth of 18-inchs or greater measured form grade shall be fitted with a cover meeting the requirements of Section R310.4. (This proposed amendment helps to reduce the likelihood of fall and injury to persons from stepping into basement window wells.) Delete all references to the 2006 edition of the International Electric Code and 2005 edition of the National Electric Code. (This is needed so that conflicts do not exist between the two codes.) Delete all references to the 2006 edition of the International Energy Conservation Code and insert the currently adopted and amended Illinois State Energy Conservation Code. (Use of the currently adopted and amended Energy Conservation Code is required by the State of Illinois.) International Energy Conservation Code Municipal Code Amendments/Changes for International Energy Conservation Code Change section 7-61 to read as follows "State Energy Conservation Code adopted. That a document, three copies of which are on file in the Office of the City Clerk of the City of McHenry, Illinois, being marked and designated as the "Illinois Energy Conservation Code" current edition and amendments thereto are hereby adopted and incorporated herein by reference as and for the minimum code of standards of the city for the design, thermal resistance, low air leakage, selection of mechanical, electric, service water-heating, illumination and building systems." (Use of the currently adopted and amended State Energy Conservation Code is required by the State of Illinois.)