Credit: Jen Balduf
Credit: Jen Balduf
The decision means that the zoning administrator did not err in interpreting the city’s code and that Todd Combs’ flock of 18 chickens violates city rules.
“I’m said. I’m very disappointed,” Combs said outside the Kettering Government Center. “This is really going to affect me.”
He has 30 days to file an appeal in Montgomery County Common Pleas Court, though Combs said he likely would not. The council did not comment on its decision at the time of its vote because of the potential litigation.
“We swear to follow the law. Whether we agree or disagree is secondary,” said Mayor Peggy Lehner following the meeting.
The council had a limited scope, the mayor said, which was to determine whether the BZA followed the law when it upheld a decision by city zoning staff.
Although Combs said he wanted the city to recognize his right to own poultry, he is in the process of getting his hens certified through the US Service Animal & Support Animal Registry.
According to the organization, an emotional support animal is an animal that provides comfort just by being with a person, and that any animal or breed can qualify as long as it helps support an emotional condition.
Credit: Jen Balduf
Credit: Jen Balduf
Combs is an Iraq combat veteran who has shared his struggles with post traumatic stress disorder, anxiety and suicidal thoughts. He received a letter from a mental health professional approving his application and so far has spent $300 to register three hens, at a cost of $100 for each pet.
“So I would probably end up spending $1,800 to keep my pets as a service animal,” Combs said. “It’s not about raising them for meat or eggs. This is how much these pets mean to me. And what’s $100 for a pet?”
Credit: Jen Balduf
Credit: Jen Balduf
Another option for residents is to ask council to change the ordinance to allow backyard chickens. The council in 2014, 2016, 2020 and most recently in May 2024 affirmed that chickens are not approved household pets, Kettering Planning & Development Director Tom Robillard said previously.
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