The same guy who previously told me they were okay (zoning administrator) for personal use has now changed his story and since they are not specifically listed as pets like cats or dogs, i need a use variance to raise them. He also got sneaky and said "this is the first thing you got in writing" (implying the previous verbal conversations were moot)
The Variance is 300 plus a 700 escrow, fees to notify neighbors and the newspaper along with various other site fees, must be set up for the township to access. I could start with an appeal variance asking for a reversal of the portion of the letter stating i need a use variance. I'm kinda freaking out and need to work this out. the Appeal is 100 plus 300 in escrow (no need to notify the papers for that). But if i want to go straight for the use variance its a lot of money and they can still deny it.
I said to the guy, so i can have chickens but not house them and he said "well maybe you can't have them after all". Another week later he responded to a message i sent months ago before speaking to someone on the phone, this request for info was via email that said "you need a use variance to raise chickens in your yard, this request is closed"
Here is everything i found, i mean everything i found in our zoning and ordinances and code, including minutes and resolutions back to 1920s. The word chicken only comes up a hand full of times, all but two times they come up referring to food stores, livestock and poultry never do in reference to owning just selling.
Below is an email i sent to a lawyer recently looking for advice, who said i had a shot but they were too far and it would be too costly for me to enlist their help. (i included PDFs of the 1933 dog eats chicken suit and 1996 R1 houses rezoned but prohibited from selling chickens for meat or goods.
If anyone has any suggestions on which route i should go or If i should just go illegal and let it go until i get fined let me know.
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here are the codes below and here are the two links for the websites to search them.
http://clerkshq.com/default.ashx?clientsite=cherryhill-nj
http://www.state.nj.us/dep/fgw/pdf/permregs.pdf
[FONT=Calibri,sans-serif]Also going through the minutes and old resolutions there are NO mentions of any previous times chickens to be every denied in the township, even found a log from 1933 set of Minutes in which $18 was charged to a man who's stray dog caused damaged to "domestic fowl" [/FONT]
[FONT=Calibri,sans-serif]Also from 1994 some of the R1 zone was moved to A/HC Zone with the prohibited use of raising poultry for commercial sale. Nothing about for personal use was restricted and this was just 1994 that the last update was done. [/FONT]
Cherry Hill City Code 5-1.6
Chapter V Police Regulations
Mentions the owning and keeping of fowl or animal as noted by the noise ordinance
e. Animals. Owning, keeping, possessing or harboring any fowl or animal for a continued duration which, by frequent or habitual howling, barking, meowing, squawking or other noise making, causes a noise disturbance across a residential property boundary. The noise disturbance must exist for a minimum of thirty (30) minutes intermittently or ten (10) minutes consistently.
Cherry Hill City Code Pet Waste Code 17-6.4
Chapter XVII Sewer and Water
Refers to Pets as Domesticated animals
Pet shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
Also the state of NJ Department of Fish, Game and Wildlife, lists Chickens as :
Possession of Nongame & Exotic Wildlife 7:25-4.1
Refers to chickens as domesticated animals
“Wild bird” means any bird other than a native, introduced, or
feral game bird as defined in R.S. 23:4-49 and other than a
domesticated bird such as a chicken, turkey, guinea fowl, goose,
duck, pigeon or peafowl.
Adopting Ordinance
there is only requirements to regulate, sheep, goats and swine, no other mention of any regulations on animals besides horses which are listed in the Zoning Ordinances only.
Chapter VIII: Animal Control. Ordinances concerning the licensing and regulations of dogs, cats, kennels, vicious dogs, vaccination for rabies, canvass of dogs and licensing of pet shops, kennels, shelters and pounds are included within this Chapter. The loaning of animal traps to Township residents is also included; as is the regulation for keeping sheep, goats, and swine. This chapter contains revisions to refer to the "Animal Control Officer". Subsection 8-1.2 has been revised to state that the Mayor shall have the power to appoint Animal Control Officers.
