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Hello everyone,
I am new to this forum and need help.
For almost 2 years I have had chickens and 1.5 years I have a couple of ducks. Today I received a letter from the Town of Gilbert in AZ that I need to remove them from my property. My lot is over 8000 sq ft therefor I believed I could have up to 25 fowl on my property (according to their codes). However in this letter it states I am located in a SF-6 zone. On the one hand cats are considered "free range" and the Town of Gilbert has no control of them. Yet one is not aloud to have free-range chickens HMMMM.
Please if anyone can help me, I feel it is time for local Gilbert back-yard chicken lovers to unite and change town codes. Any help on legal rights I have is very much appreciated. I have two weeks to before my chickens have to go. PLEASE HELP They are my pets and I love them like all my other pets.
Thank you,
sevenrays
From looking at the City Code, your situation appears a bit more complicated than some of the others. According to their website, SF-6 is designated for lots that are between 6,000 and 8,000 square feet, Zone SF-8 is for 8,000-10,000. There are additional requirements for setback minimums and total coverage, but if your lot is more than 8,000 square feet, it's possible it was zoned correctly. See
this page for the details.
You can check your exact lot's square footage at the
Maricopa County Assessor's website. At the bottom of the page, under the "Additional Component Information (for this parcel)" there should be a link for "Characteristics. Clicking on that will change the page and display your "Lot Square Footage." If you take this information down to your City Hall or your Department of Zoning (or whatever they are called for Gilbert), they should be able to help you get it rezoned correctly. Not knowing where you live, I can't pull up any additional information for you, though.
I would definitely try to fight it. If you are fighting it, generally, you are granted reprieve from having to take immediate action and having the animals removed. I would agree, it is most likely a neighbor that decided to have a problem with it. The letter should explain some sort of recourse for disputing the information. If you'd like, PM me with your address and information. I'll see how much more I can pull up.
If it comes down to removing the animals while you are fighting it, I'd be willing to keep them for awhile for you. My wife was actually just asking about "borrowing" some chickens to take care of our cricket problem we have at the moment. I'd have to clear it with her first, but that would give you an option. There are others on your side of town that would likely do the same for you. Keep us updated, too!
Zones are not usually independant to the property, but designated for all properties within specific boundaries. While most will conform to the description (such as the 6000-8000 sq ft,), if the properties were platted before being brought into the city, there may be some nonconforming lots. For example, in my zone all lots are supposed to be a full acre, but here are many in my neighborhood that are quite a bit less.
The OP should verify their zoning, though