Don't Count Your Chickens

Jeff Green | Oct 21, 2020

Holly Bone and her partner James live on a small (0.65) acre property that is adjacent to their neighbour’s larger farm property.

When COVID-19 hit, they decided to buy some day-old chicks to raise, for the eggs and as a distraction from the pandemic.

They love their 8 chickens and the eggs they lay, which they have been eating and distributing to their neighbours.

They have had some unrelated animal issues with a neighbour across the road, because of goats, a cow and a pig, as well as two dogs that have been out on the road, and in their property, since the spring.

“Frontenac Bylaw Services has been here, and we have also talked to the township, all through the summer, but we don’t know if anything is happening with that complaint because they say it is an ‘ongoing investigation’. It’s been going on for months,” said Holly Bone.

A bylaw officer came to her door in early September.

“I asked her what was going on with my complaint and she said she wasn’t there for that, but because of an anonymous letter that had come in about my chickens.”

The bylaw officer informed Holly Bone that the chickens are not permitted on the property because the property is too small and that she would be receiving a notice of contravention from the township which will give her 30 days to remove the chickens from her property.

Backyard chickens are permitted in Kingston on urban lots, provided they are confined to the property, and the Official Plan, that is in process in Central Frontenac, calls for them to be permitted on smaller lots.

“We heard from residents as part of the engagement process that backyard chickens and/or hobby farms should be permitted within the Rural Area and Settlement Area as they contribute to the character and nature of the Township … currently the minimum lot size is 4 hectares (10 acres) in the provisions of the rural zone” said a report to Central Frontenac Council a year ago about the new Official Plan.

“Our next-door neighbour has given us permission to use his property as a chicken run, and he has hundreds of acres and there are no fences between our properties’, but the bylaw officer said it doesn’t matter,” said James Collins, “the coop that we built is located only 3 feet from the property line. The township is ok with the chickens if the coup is moved 6' onto the neighbor's land as we have a land use agreement with them.  It is currently 3' off the property line as required by minimum setbacks for outbuildings and sheds.  Moving the coup 3 feet is not only ridiculous it serves no purpose as there is no fence.”

The Notice of Contravention that was sent to Holly Bone gives her until early November to remove the chickens from the property.

But she may have a way out. Her physician, Dr. Susan Sangster-Gibson of Kingston, has written a letter of support, noting Holly Bones’ health issues, the impact of COVID-19, and the positive impact of the chickens on the state of her health.

The final paragraph of the letter reads as follows: “I believe that these chickens should be classified as emotional support animals for her … I strongly recommend that she not be forced to remove them from her property.”