New Member from Summit, NJ NEED HELP

RICH TOM

Hatching
6 Years
May 7, 2013
3
0
7
Hi,

Site is awesome and full of information. I have been trying to get approval from my town to allow me to have a small amount (3-5) of chickens. After several unanswered emails and phone calls, I finally got the below answer. Am I dead in the water here or is there a chnace I can have this chnaged. It seems as though there ois an openeing but I just dont know how to attack it. I am hoping there are more people fromthis site that have gone through the same BS and can give me some pinters or help.

Email from Town:

What our Development Regulations Ordinance says in Article 1 is that “All uses not specifically permitted are prohibited.” That is in Section 1.4. Article 4 articulates what uses are permitted in residential zones (Section 4.3-1). Obviously, single family dwellings are permitted. The ordinance also states that Accessory uses are permitted, specifically, “Uses which are customarily incidental and accessory to the principal permitted use.” I interpret this phrase to permit typical pets such as dogs, cats, birds, etc.. I do not accept that keeping chickens is a typical accessory use to a single family dwelling in this City.

Over my 23+ years as zoning officer in the City of Summit this question has been raised a few times and I have always given the answer that you see above. If you wish, you can apply to the Zoning Board of Adjustment for an interpretation or you can appeal my decision to the Zoning Board of Adjustment. Application directions and forms are available on line or in this office. The application fee would be $200.00 and the escrow deposit to cover the cost of the Board Attorney, the cost of the transcript and the cost of the attorney writing the resolution with the Board’s decision is all billed against the escrow deposit.
 
I received a similar response in Cherry Hill NJ, after i was originally told it was okay. when i thought to get a permit for a coop that apparently is where my trouble started. They now state that I need a use variance, or i can appeal. Appeal escrow is much cheaper than variance for me which is at least 1000 for filing and escrow, plus 1200+ for new surveys and cost of newspaper article and notice to neighbors within 200 feet. Have you done any more with this? I'd really like to know.

Here is where I am going i think....

At this time I am going to send a letter with notice to appeal to the zoning office. I will then put together the appeal and click off conditional use as a request. I am starting my preparation of notes legal aids, that NO ordinance was stated as reference to notice that i need use variation and that in fact, my hutch is not governed at all by this ordinance as it stands and the officer has miss read the law AFTER verbally allowing residents they could have chickens, this has caused financial and emotional hardships on those that were given that information including myself.

During this I will start going to the rest of the neighbors that do not ALREADY know within 200 feet of my property. Appeal is 50 plus 300 escrow for me, conditional use is 200 plus 300 escrow so i'm going to hope i can squish by with just the one escrow payment. My main concern is the survey. The one i have now is not within 1 year so i am going to request that be waved and I will submit a copy of my current one (they already have a sealed copy of my survey as well). I plan to enlist the support of my neighbors (one is all for this), friends who have chickens and others i found on the web in my town with chickens if they will rally for the support.
 
New Member, Summit: what ever happened? Did you go to the Zoning Board for an interpretation? Or did you appeal the Zoning Officer's decision?

How did you get to the zoning officer in the first place? Is your property large enough to accommodate an accessory structure, or were you going to need a set back variance?

Others in Summit want to know!
 

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