‘I realized I can’t win:’ Kettering man’s quest to keep backyard chickens ends in defeat

What brought him joy now brings sadness. Though he has one consolation.

‘I knew they’re going to a good home," he said.

His cousin who lives nearby in Dayton took in six, the maximum number of backyard chickens allowed in the city. The sister of a co-worker, who was losing hens to old age, brought home 12 to Spring Valley in rural Greene County.

“With my cousins I can go over there any time,” he said. “The other woman also gave me the opportunity. It’s finding the time to do it.”

His six-month campaign to save his chickens started with a formal notice of violation from the city of Kettering dated May 9 that stated, “Remove all chickens from the premises. Farm animals are not permitted.”

Combs appealed the violation notice to the Kettering Board of Zoning Appeals.

Before he got his chickens, Combs said he researched Kettering’s code and found that he was allowed to have backyard chickens because household fowl are allowed and his hens are pets and not used as a food source. He saw an illustration in the code of a rooster inside a “no symbol,” but said he thought it only meant no roosters.

About a dozen people spoke, all but two in support, during his public hearing. However, the BZA on Aug. 11 did not rule in Combs’ favor.

He appealed to Kettering City Council, which also held a public hearing. On Oct. 13 the council passed a resolution affirming the BZA’s decision.

He spent $700 on his two appeals: $250 for the BZA appeal and $450 for the council appeal, which Combs said shows his commitment to his pets.

This past week he said city-owned vehicles drove by his house at least three times, and a neighbor reported to him that city staff entered the rear yard of the house behind him to look at his backyard.

Combs said he emailed photos of the hens in carriers, the hens in their new home and one of a city vehicle driving by his house.

“Instead of driving by they could have stopped and showed some respect,” he said. “I have no problem to show them my backyard and never did. I’ve sent emails welcoming them to my backyard.”

Wednesday marked the final day Combs had to file an appeal in Montgomery County Common Pleas Court, which he did not.

Combs said he still disagrees with the city’s interpretation of the code and wished they could have worked with him and clarified the language to avoid misunderstanding.

“It was all down to do I want the headache and do I want them constantly driving by my house,” he said. “I realized I can’t win against a rigged system.”

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