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Can the neighbor do anything about our rooster?

post #1 of 4
Thread Starter 
I use the term neighbor loosely "guy that lives in the adjacent neighborhood, about 4 houses behind ours" is more accurate. Anyway, my neighborhood is zoned dwelling agricultural. Theirs is zoned residential. He came up to me a a block party today, asking about the new chicken ordinance that just went into effect and asking how many chickens we have. I explained that we are DA and as such, not subject to the ordinance. He went on and on about how he couldn't believe that they left us DA and didn't change to residential when ten new neoghborhood was built.

Can they change our zone on us if he complains?

Second question: we have two roosters (by accident and just discovered two weeks ago), one of which we are trying to rehome because he crows all the time. We told him today that we were working on rehoming him. We keep them locked in the coop at night and let them out in the morning.

are we okay to keep 1 rooster and lock him in the coop from dusk till dawn? We have a 1/2 acre plot in an older neighborhood, but the new neighborhood is on two sides of us. I think right now, bein zoned DA we are fine, but could this guy cause trouble for us?
post #2 of 4
I doubt it, he can complain about the noise but he cant do anything if you not under that law.
post #3 of 4
Quote:
Originally Posted by sarahbckb View Post

I use the term neighbor loosely "guy that lives in the adjacent neighborhood, about 4 houses behind ours" is more accurate. Anyway, my neighborhood is zoned dwelling agricultural. Theirs is zoned residential. He came up to me a a block party today, asking about the new chicken ordinance that just went into effect and asking how many chickens we have. I explained that we are DA and as such, not subject to the ordinance. He went on and on about how he couldn't believe that they left us DA and didn't change to residential when ten new neoghborhood was built.

Can they change our zone on us if he complains?

Second question: we have two roosters (by accident and just discovered two weeks ago), one of which we are trying to rehome because he crows all the time. We told him today that we were working on rehoming him. We keep them locked in the coop at night and let them out in the morning.

are we okay to keep 1 rooster and lock him in the coop from dusk till dawn? We have a 1/2 acre plot in an older neighborhood, but the new neighborhood is on two sides of us. I think right now, bein zoned DA we are fine, but could this guy cause trouble for us?


No.  Zoning zones cannot be changed on someone in these kinds of circumstances.  Getting a zoning change is usually difficult and costly, and almost always requires that those who own the property in question be in agreement, or if there are multiple owners, that a significant majority are in agreement. 

Now it may be possible with a lot of work for him to get some changes made to the allowed uses, but you and all others in that zone would have a definite opportunity to be heard on it.

What you need is a copy of the current zoning code as pertains to your zone, including all allowed uses (and if enumerated, any disallowed uses) as well as the applicable Rules of Construction (usually at the very beginning, although sometimes at the very end) of the whole code.  Typically they state that any use that is not listed is not allowed, but this typical statement is not absolutely universal.

Personally, I would not discuss with your disapproving neighbor what you do or do not intend to do with your birds.  He may take that as a verbal contract, even if you do not intend it that way.  So long as you are within your allowed uses, merely tell him that your birds are legal.

Breeder & Exhibitor of fine silkies in recognized and project varieties.
adult and started pairs occasionally available;
   No eggs or chicks. 
Support your local poultry clubs, breed clubs, ABA & APA!

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Breeder & Exhibitor of fine silkies in recognized and project varieties.
adult and started pairs occasionally available;
   No eggs or chicks. 
Support your local poultry clubs, breed clubs, ABA & APA!

Reply
post #4 of 4

The less said to the neighbor, the better.

There are always people out there that think they have the right to tell others what to do.

 

We call them NIMBY's

Not In My Back Yard, NIMBY.

 

The last guy that came on my property and told me what to do with my honeybees and chickens was told he could do what he wanted with my property after he bought it.  (I won't share what else he was told. :D)

 

Get a copy of your zoning code, read it, and understand it.  Your best defense is accurate knowledge and information.

 

You can't fix stupid.

You can, however, beat stupid by being smart and having the correct information.

 

Don't lock your rooster away.  That's not fair to the animal, or to you either.

Do what you are legally allowed to do, what you want to do, and try to be respectful of others whenever possible.

Sounds like you already are that type of person.

 

Just don't let anybody push you around.  It's your property.  You worked hard for it and you pay for it.

If someone else wants to tell you what to do, get the purchase agreement out and tell them where to sign.

 

Take care,

 

Tim

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