The Lee County Planning Commission recommended that the county board adopt a zoning text amendment allowing limited backyard chickens in R-2 single-family residential districts while retaining restrictions on farm animals in R-1 areas.
The commission’s recommendation, approved by voice vote, amends the draft chicken rule to require that all enclosures, including fencing, be located at least 15 feet from any property line, not be placed in front or side yards, and “must be placed such that the distance of the enclosure from the primary residence is less than the distance from the enclosure to any neighboring primary residence.” The motion to forward the petition to the county board carried after public comment and discussion.
Why it matters: Under current county zoning, agriculture — including keeping chickens — is not allowed in the R-2 district, which means any chickens presently kept in those areas lack a clear legal framework for enforcement. The amendment would legalize a limited keeping of chickens in unincorporated R-2 areas and create standards for setbacks, sanitation and enforcement that county staff say will make violations enforceable.
County building official Joe Bey, who previously worked as Dixon’s code enforcement officer, described Dixon’s experience after a similar change: “We allowed somebody to have six chickens in a coop that could not run free, and basically no roosters,” he said, noting that the change reduced complaints in that city. Bey told the commission the Dixon ordinance included enforcement tools — administrative hearings and fines — that helped resolve recurring problems without extensive litigation.
Commissioners and staff debated setback language and enforcement mechanics at length. Staff said enforcement would remain complaint-based: the zoning office’s process begins with an investigation, photos, and an attempt to resolve the issue informally; unresolved violations can progress to a notice of apparent violation and then court. Jared Gaider, the county zoning enforcement officer, was identified as the part-time staff member who investigates complaints and documents violations.
Members of the public offered mixed views at the hearing. John Stenzo of the Village of Sublette and other residents expressed concern that small-lot neighborhoods could be adversely affected: “I look at my neighbor can go tomorrow, put a coop in, and get six chickens fairly close to my house,” one resident said. Other speakers, including parents and people with 4‑H ties, said allowing chickens provides educational opportunities and local food sources.
On enforcement and repeat offenses, the commission discussed timeframes and strike systems. Staff noted existing penalties in county code (a zoning violation may carry fines up to $500 per day) and that removal of animals could be required for persistent violations; civil injunctions and court orders were discussed as enforcement tools.
The commission’s recommendation is a forward action: the Planning Commission voted to recommend the amended petition to the Lee County Board, which must consider the ordinance change and could adopt, modify or reject it.
Looking ahead: Staff told the commission this is their document to amend before it goes to the county board; the county board will make the final legal determination for unincorporated Lee County.