By Rebecca Laibowitz,

Sun Contributor

AFTON -The Afton Village Zoning Board of Appeals held a public hearing on Jan. 20 to consider a resident’s request for a use variance under the village’s “Chicken Code,” which allows the housing of eight hens.

The resident wishes to house 30 chickens at a time for home consumption, well above the limit. The Board of Appeals has 62 days from the hearing date to reach a decision on the resident's request. Officials emphasized that the request cannot alter the character of the neighborhood or cause contention with neighbors. There will be no change in the law, and the entire village will remain zoned residential, requiring the variance.

What the village’s ‘Chicken Code’ allows

The Village of Afton’s Local Law No. 1 For The Year 2021 entitled the “Chicken Code” regulates the breeding, raising, harboring or maintaining of chickens and other animals within village limits. It allows for the keeping of chickens under the following circumstances:

1. No more than eight hens allowed for each taxable parcel.

2. It is unlawful for any person to keep roosters.

3. Outdoor slaughtering of chickens is prohibited.

4. The hens' shelter/coop has 2.5 square feet per hen, and has access to an adequately fenced outdoor enclosure with at least five square feet per chicken.

5.The coop and outdoor enclosure must be kept in a sanitary condition, cleaned regularly and free from offensive odors.

6. Chickens must be housed at least 25 feet from any door or window of any building other than the chicken owner's, at least 10 feet from any property line and shall only be located to the rear of the chicken owner's dwelling.

7. An annual permit to keep chickens is required, and the village and the county must approve structures.

*Not a comprehensive list of all regulations. Review the village code for more details.

In sum, the rules mean: no free-range chickens, only eight hens, no roosters, and minimal disturbance to neighbors and the environment.

The law also prohibits animals that are vicious, dangerous, obnoxious, objectionable, or offensive or that have, in the absence of intentional provocation, repeatedly chased, menaced, attacked or inflicted bodily injury to a person or domestic animal, excluding wild birds, rodents and reptiles.

The Use variance request and recent public hearing

The public hearing on Jan. 20 was the latest of several hearings about the resident’s request, first submitted about 1 year ago. The applicant seeks permission to raise 30 chickens, including roosters, for approximately eight weeks, to be slaughtered off the property and consumed at home throughout the year, not for sale. An application for variance is required in this circumstance because it goes against the village’s “Chicken Code.”

Rebecca Komorowski, the chair of the Afton Village Zoning Board of Appeals, said that a significant point of contention is that, according to the 2014 deed, when the property was purchased, the zoning was listed as agricultural; however, in 2021, the entire village of Afton was rezoned as residential. Although previous owners kept chickens on the property, a lapse in chicken-keeping at the property and changes in ownership prevent the property from being grandfathered in.

“There is no farming in Afton since the zoning change,” Komorowski said. “They cannot be grandfathered in; it's clearly written in the law.” One suggestion made by the Board of Appeals was that the resident could instead raise eight chickens at a time for meat throughout the year to avoid breaking the “Chicken Code” and remain compliant.

Community concerns

While no one spoke out against the request at the Jan. 20 hearing, the board has received several written letters of opposition from residents. The applicant’s property borders both the cemetery and the church pavilion, which have concerns regarding the number of chickens. Those responsible for the church pavilion verbally expressed concerns to the board about cleanliness, noise, odor, sanitation, and hygiene among other issues, given the impact of 30 chickens housed near spaces used for gatherings, meals and children’s activities. It was also noted that noise from a flock of that size could disrupt burial services at the cemetery and be perceived as inconsiderate or distressing to grieving families.

“It is the law that it can't change the environment of the neighborhood, the law doesn’t want you to change the way things are now, and all of the village is zoned residential,” Komorowski said on the public hearing. However, previous appeals of the chicken code have been approved.

Code enforcement and penalties under the law

In 2022, the village strengthened the “Chicken Code” through Local Law NO. 2 For The Year 2022 or A Local Law Amending Local Law NO. 1 For The Year 2021 Entitled "Chicken Code" To Add Penalties and Fines for Violations. An amendment that allows for the law to be enforced by the Code Enforcement Officer, Village Police Department or any other duly authorized police officer or peace officer. Residents may report concerns to the village Code Enforcement Officer, Charles Holdrege, at 607-343-1908.

An enforcing agent can issue a notice to violators, providing at least 10 days to correct the violation before further action is taken. If the violation persists beyond the timeframe specified in the notice, it is deemed an offense, with a penalty of up to $50 per violation. Fines increase per each subsequent offense up to $200 per violation. Each day a violation continues is considered a separate violation under the law and failure to pay may result in up to 15 days' imprisonment. Additionally, if convicted of a violation of the “Chicken Code,” any permit previously issued is automatically revoked.

Decision expected in the coming weeks

The case reflects a common challenge in many small communities: balancing residents' interests in small-scale agriculture with the expectations of a residential neighborhood. It is not uncommon for residential areas to place restrictions on chicken-keeping.

The use variance applicant must now wait for the village board to make a decision, which could involve additional public hearings and more opportunities for neighbors to share their opinions. Residents of the Village of Afton are encouraged to attend hearings, which are announced on the Notices page of the Village of Afton’s website https://www.villageofaftonny.gov/legal-notices.php or occasionally posted on the Afton, NY, Facebook page.