Zoning Ordinances in Mohave County, Arizona **UPDATE**

I met with a zoning attorney yesterday. These are my options:

KEEP IN MIND THAT NO ONE HAS COMPLAINED AND I HAVE NOT BEEN CITED - I am just trying to get ahead of the curve.

A. Fight for all chicken owners in Fort Mohave. This would involve a legal challenge of the code, public hearings, presentations, etc. The County could then change the code, but not necessarily write it in such a way that I would be able to legally keep "poultry." And if they still didn't allow poultry on lots less than 1 acre, I would have to file for a variance.

B. Fight for myself. File for a variance based on the fact that the code is so flawed that it is completely unenforcible and that my lot borders miles and miles of land zoned for "agriculture." Give them the $500 bucks, present tons of data on raising poultry as pets and hope that they grant me the variance. I hear at least 4 (not mine) different roosters crowing every morning, along with peacocks, dove, and road runners. Add grackles and crows during migration.

C. Do nothing and wait to be cited. Talk to the neighbors and tell them what I'm doing and ask them to call me first if they have any problem. If/when I am cited, point out that they also have to cite me for having a dog, a garden, and an "orchard" (I have 3 citrus trees).

Considering that this is Mohave County and that the guy I spoke with at zoning said, "as long as nobody complains, who's to know?" we're opting for B. The attorney also told me that they could not take my birds away unless/until I had exhausted the appeal process and lost my appeal. And if the HOA says anything, I can just point out that their policy is in violation of the code because you are not permitted to have a dog or cat on any residential property not zoned "agriculture." That should stir up a really nice can of worms - which my birds can eat!

How I read the ordinance you can have chickens for your own personal use. I think he is not reading the zoning laws right it looks like you can have at least 3 chickens. I would check with your closes neighbors and see if they minded if you had a few chickens then get them and put their coop/run in an area which is hard to see from the street and go from their. In the ordinances it states you can have poultry.

You need to read further. The vast majority of Arizona municipalities deem animals as "a creature which can get rabies". Chickens are considered "fowl" or "poultry"--and cannot get rabies.

Find out what they are defined as, and go from there.

16.1 does not apply if you are zoned R-O only R-O/A which is a different zone.

I have just read the entire zoning ordinances for Mohave County and the only people that can legally keep a dog(s), cat(s), birds or any animal(s) are those living on property zoned Residential Agricultural because that is the only place they are listed in the "permitted uses" section. Following their logic that if it is not listed under the permitted uses, it is not permitted - there are an awful lot of code violators here!

do you have the link to the entire code? Perhaps I can help.

Quote:
Frequently the rules of construction for ordinances is exactly that, if the use is not listed as permitted it is not allowed.

If what you say is in fact the case (I haven't read the entire code just what you pasted here) it is quite possible that there are a lot of code violations, time to press the issue and lodge a rather large pile of complaints and clean house ;-) .

Here is the link to the entire ordinances:

http://legacy.co.mohave.az.us/depts/pnz/forms/Mohave_County_Zoning_Ordinance.pdf

It is a large file. And the only place that dogs or cats are listed is under the permitted uses in Section 15 - Residential Agricultural.

Check the zoning map and find out exactly what the zoning for your property is. Verify that there are separate R-O and R-O/A zones.

Quote:
Frequently the rules of construction for ordinances is exactly that, if the use is not listed as permitted it is not allowed.

If what you say is in fact the case (I haven't read the entire code just what you pasted here) it is quite possible that there are a lot of code violations, time to press the issue and lodge a rather large pile of complaints and clean house ;-) .

I have apparently uncovered a huge "flaw" in the zoning ordinances. Going to see an attorney who specializes in zoning law tomorrow. I'll let you know what happens.