Originally Posted by 2MuddyBoots
I am going to do my best to keep this short and sweet. I live in Goshen, Ohio a small town outside of Cincinnati. We purchased a home after I did research on Goshen Townships web page that states for my zoning I can use it for agricultural use aka poultry.(why we moved there!) My neighbors are cranky and horrible reported my chickens to zoning. Zoning calls me and tells me I am unable to use MY
land for chickens since I have under 3 acres...
I KNOW>>>>keep in mind my coop is 100ft from my neighbors Now what? I want change. Where do I go what do I do?
Here are some links, I am still not convinced I am wrong in thinking it is allowed by definition of agricultural.http://www.goshen-ohio.gov/communitydevelopment.cfm
zoning map and resolution for Goshen
I live in an R-3 low density to medium density residential.
any help would be so wonderful!
Posting tis for others because it was not easy to find:
7.03 Residential District Purpose
1. To protect and enhance the rural character of Goshen Township with special emphasis upon the preservation of natural landscape features including, but not limited to existing trees; and
2. To encourage preservation of agricultural purpose and utilization as provided in Ohio Revised Code 519.01 for preservation of rural character;
3. To appropriately situate low, medium, and high density areas around appropriate utilities and infrastructure to better serve the community;
4. To harmonize new residential development with surrounding areas and existing area densities.
7.06 Medium – Low Density Residential District (R-3)
The purpose of the R-3 District is to encourage the establishment of single and two family dwellings not to exceed one single or one two family dwelling per 20,0000 square feet in sewered areas and one single family dwelling per 20,000 square feet in unsewered areas.
1. All uses permitted in Section 7.04 (A)
2. Two family Dwellings (per 20,000 square feet in sewered areas only)
3. Home Occupation
7.04 Suburban Estate Residential District (R-1)
The purpose of the R-1 District is to permit a degree of development of a rural non-farm nature in areas not expected to have public facilities in the near future. This district also allows the opportunity to satisfy individual housing preferences and shall permit not more than one (1) dwelling unit per 40,000 Square Feet
2. Single Family Dwellings
3. Churches and other places of worship 4. Public schools
5. Home Occupations
Agriculture – The use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce provided, however, that:
1. The property has a Current Agricultural Use Value (CAUV) status at the Clermont County Auditor’s Office on the current Tax Bill.
2. The operation of any such accessory uses shall be secondary to that of normal agricultural activities; and
3. The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any dwelling.
4. The term Agriculture does not include the feeding of garbage to animals or the operation or maintenance of a commercial stockyard or feed yard.
Okay, it seems you should be able to be agricultural since you are zoned R3, but they restrict it in the four numbered bits right above. 1. is clear that you have to comply with that. 2. Means your main use is that of agriculural purpose. I do not know that they consider living in your house a normal part of agricultural use of land, but unless you are using your property for some other business you should be okay there. 3. Is just weird...what does that mean? That if your chicken coop is closer than 100' to any house you cant be agricultural? You state your coop is 100' from your neighbors house, but what about your own house? Can you put it 100' feet away from all houses? 4. Well...I doubt that applies in any way!
I included the purpose statement because it pertains to how you should approach this: ask for their help to ensure you are in compliance and include that statement in your request! They want to protect the rural feel of the township, and chickens are part of rural life! Nowhere did it state anything about three acres...only the property size for zoning designation and you have the R3 designation and that designation specifies the inclusion of agriculture.
An alternative is actually just calling it a chicken "kennel" which was not prohibited anywhere and which is just defined as housing for more than four animals. Chickens are animals and if you are not raising them for commercial purposes you might be able to argue that. They do define agriculture as including animal or poultry husbandry, so it seems that they do not consider chickens animals, but poultry, although the definitions did not include either word as an official definition. What someone breeds dogs or cats? Is that animal husbandry? Or do they mean large livestock? What about raising parrots or gerbils? When they fail to define, you can use that to your advantage.