Stafford County, VA

jnr005 said:

Hoping you can win this against the Harbor HOA!!! Thank you for fighting this fight! I don't have an HOA but your case allowed me to feel comfortable with getting chickens this spring. We love them and can't imagine not having them

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jnr005 said:

Anyone know of any farms that take in roosters? I have some beautiful pure breed Amerucanas and a Deleware, but not sure what to do with them. (Kid would flip if we eat them). I realize farm may eat them...but hey, what we don't know we don't know!

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ChickenLyttle said:

CHICKENS ARE ALLOWED ON ALL RESIDENTIAL LOTS IN STAFFORD COUNTY (read on)

I thought I already posed on this thread, but maybe it was a similar one. We fought to keep our chickens on our R-2 lot in Aquia Harbour and recently won in Circuit Court (March 2016).

We first went in front of the AHPOA to plead our case and they couldn't understand but said they would let the county handle it and then rely on the county's decision. The County coincidentally sent us a violation shortly afterward, so we paid our $612.00 and filed an appeal in front of the Board of Zoning Appeal (BZA). Even though they could not point to a specific ordinance and had to make presumptions, the BZA returned a negative vote. One board member started the negative vote by quoting a Companion Animal definition that excludes agricultural and research animals as companion animals. I tried to explain that the definition was only used in ordinances referring to care of and cruelty of animals and was different than the definition of a pet. Agricultural and research animals are typically not treated as well and that is why they are excluded from the Companion Animal definition...They didn't agree and ruled against me.

So we filed a real appeal with the Stafford circuit court. The circuit court judge read the ordinance and my brief and easily came to the understanding that 1) chickens are not prohibited on residential lots, 2) owning chickens does not automatically mean you are using your lot for agricultural purposes and 3) that chickens can be pets.

So, thought we were all clear until the AHPOA published in the Harbour View magazine that although we had won our battle in court, chickens were not allowed in Aquia Harbour. Pretty mean to make us go through that time and expense and then rescind their original agreement.

So I went in front of the board last week to help them understand English and am waiting for their response. They currently are betting all their chips on the AH restriction that reads: "No animal, fowl or livestock may be held on said lot except a reasonable number of household pets." What's not to understand? I guess when they see the word pet, they only think of dogs and cats, forgetting all the other pets. I guess they don't see the word animal and they think fowl only refers to chickens and not parrots, parakeets, songbirds...Need I go on. If they cannot figure it out, we will be going back to circuit court, but this time I will ask for my money back plus extra for harassment.

Anyway, I'll give you an update on the Harbour when I get it, but for the rest of Stafford County, go get some chickens!

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ChickenLyttle said:

Hi,

We are still fighting the Harbour because they insist on making up new rules (like saying a chicken is not a household pet when there is nothing in the restrictions stating otherwise). There are a few people making it hard on the rest of us and too many who just don't care one way or the other. I only recourse is to sue and right now we are just too tired to deal with them. Maybe next spring...Who knows.

We are likely going to move out of here because it is just becoming over-regulated. I moved away from California to get away from regulations and I'm a Democrat! They just get out of hand sometimes.

Wish I had better news but at least you won't have to fight the county.

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Alexandra317 said:

I'm in King George and I'm going with the Low-Key-See-If-Neighbors-Complain in my large lot subdivision... OH! and play dumb if attention is drawn.

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ChickenLyttle said:

CHICKENS ARE ALLOWED ON ALL RESIDENTIAL LOTS IN STAFFORD COUNTY (read on)

I thought I already posed on this thread, but maybe it was a similar one. We fought to keep our chickens on our R-2 lot in Aquia Harbour and recently won in Circuit Court (March 2016).

We first went in front of the AHPOA to plead our case and they couldn't understand but said they would let the county handle it and then rely on the county's decision. The County coincidentally sent us a violation shortly afterward, so we paid our $612.00 and filed an appeal in front of the Board of Zoning Appeal (BZA). Even though they could not point to a specific ordinance and had to make presumptions, the BZA returned a negative vote. One board member started the negative vote by quoting a Companion Animal definition that excludes agricultural and research animals as companion animals. I tried to explain that the definition was only used in ordinances referring to care of and cruelty of animals and was different than the definition of a pet. Agricultural and research animals are typically not treated as well and that is why they are excluded from the Companion Animal definition...They didn't agree and ruled against me.

So we filed a real appeal with the Stafford circuit court. The circuit court judge read the ordinance and my brief and easily came to the understanding that 1) chickens are not prohibited on residential lots, 2) owning chickens does not automatically mean you are using your lot for agricultural purposes and 3) that chickens can be pets.

So, thought we were all clear until the AHPOA published in the Harbour View magazine that although we had won our battle in court, chickens were not allowed in Aquia Harbour. Pretty mean to make us go through that time and expense and then rescind their original agreement.

So I went in front of the board last week to help them understand English and am waiting for their response. They currently are betting all their chips on the AH restriction that reads: "No animal, fowl or livestock may be held on said lot except a reasonable number of household pets." What's not to understand? I guess when they see the word pet, they only think of dogs and cats, forgetting all the other pets. I guess they don't see the word animal and they think fowl only refers to chickens and not parrots, parakeets, songbirds...Need I go on. If they cannot figure it out, we will be going back to circuit court, but this time I will ask for my money back plus extra for harassment.

Anyway, I'll give you an update on the Harbour when I get it, but for the rest of Stafford County, go get some chickens!

Click to expand...