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Advice needed for meeting with Board of Appeals

Discussion in 'Local Chicken Laws & Ordinances' started by henofthewood, Apr 27, 2009.

  1. henofthewood

    henofthewood Hatching

    Apr 27, 2009
    Hi everyone! I'm a new member and hope to be a new Mom to some chicks! My DH and I are meeting with our zoning board next week to request a special permit for 8 hens. (We were originally told poultry wasn't allowed - end of story. After carefully reading the by-laws, however, we discovered they are allowed as an accessory use with special permit. In the process, though, we may have embarrassed some people, making them a little crabby.) [​IMG]

    If any of you out there have experience with this, I would really appreciate some help in what to expect, answers I should have ready, counter-arguments to their concerns. I want to be as prepared as possible in case they're difficult. Thank you!

    BTW, I have info from urbanchickens and backyardchicks websites.

  2. chickenwhisperer123

    chickenwhisperer123 Whispers Loudly

    Mar 7, 2009
    Lincoln, Nebraska
    Good Luck!

    I really dont think I could help you much though.
  3. Well, a special permit is a one-time exception granted when a proposed change to a property is non-conforming, usually to existing zoning laws.

    Can you post the denial letter they sent your parents? Generally, when a local board denies a permit they need to inform you in writing with a letter, and the letter must state why you were denied and it hopeful will also contain a citation to the local law that supports their decision to deny the permit.

    If you can tell us what's in the letter we can help you craft an argument stating why you deserve an exception to be made in your case.

    When my husband I did our renovation a few year ago our building permit was denied and we had to file for special permit, so I've been through this process before.

    So go ahead and post the content of the letter (don't include your actual name and address; you need to protect your privacy). All we need to see is the body of the letter.

  4. Sonoran Silkies

    Sonoran Silkies Flock Mistress

    Jan 4, 2009
    Tempe, Arizona
    Actually a use permit and a variance are different things. A variance addresses an exception to the rules specific to a particular property. A use permit is for an allowed use that the zoning board feels it may need to have a bit more individual & specific control. It is granted or denied based upon more fluid conditions than simply "allowed" or "disallowed." Such conditions may include perceived impact on neighbors or an agreement to specific conditions that may be unique to the property.
  5. henofthewood

    henofthewood Hatching

    Apr 27, 2009
    My issue is really as Sonoran Silkies explains (thanks!). It's a use issue rather than a zoning variance. We were only told over the phone (no letter) that chickens weren't allowed, but when we pointed out the accessory use by-law, the inspector realized he was wrong and that it could be granted with a special permit after meeting in front of the board of appeals.

    Letters of notification have been sent to all our abutters and those living within 300 yards. I don't expect any objection from any of them, but I do think there will be some questioning and possible opposition from the board (especially with this swine flu now at the forefront of the news). I just want to be as prepared as possible with answers to their questions.

    Thanks again!
  6. SMan

    SMan In the Brooder

    Mar 16, 2009
    Ridgefield, Wa
    Last edited: Apr 28, 2009
  7. henofthewood

    henofthewood Hatching

    Apr 27, 2009
    Thank you, SMan, that's a great link! I think I have some reading to do!

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