City Hall wont tell me...

[Junkmanme]

The zoning enforcement part is true. I'm a zoning official and mainly respond to complaints unless there is a major violation. You could very well be grandfathered, but if you are, try to find the bill of sale for your first batch of chickens if you ever have to prove you are grandfathered. The other thing is to keep your grandfather, you shouldn't expand the number of birds you have.

This is absolutely CORRECT, as I understand it. The Courts have ruled that an "expansion" of a "Grandfathered" non-compliance constitutes a violation of the "New" Ordinance. (At least this is true insofar as Zoning violations are concerned.)

I think that IF the ordinance is under "Health Regulations", such as an Animal Control Ordinance.....the Courts MAY have ruled differently....but I don't know about this...

-Junkmanme-

 

[alleyjazz]

A pre existing nonconforming is just that. What was pre existing or what you had in place prior to the zoning change. An expansion would qualify as a change and therefore not be grandfathered. Generally you will be left alone unless you are a nuisance, have something way out of whack with the new zoning, or you have a neighbor who relentlessly complains.

Sometimes zoning regulations don't specifically address chickens, in which case it's a matter of interpretation, or it's allowed and controlled with a board of health regulation. If it's a zoning regulation you can always apply for a variance. If it's under the jusidiction of the BOH, there is probably an appeal mechanism too.

I wouldn't ask again, but I would keep the chickens generally out of view, not keep roosters and don't put a "fresh eggs for sale" sign on your front lawn. I hope you enjoy your chickens!!

 

[averytds]

I wasted something like 3yrs off and on with City Hall. Turns out, they didn't even know themselves what the law was. Most of our city codes are now online, but that's a fairly recent thing. Prior to that I was able to look at them myself at the public library. You may check there. Can even say your interested in fencing, swimming pool, etc regulations if anyone asks, though they probably won't, and look up whatever once you have the book in hand.

However, no matter what the codes say, if anything, it's always good practice to be a courteous neighbor IMHO.

 

[Junkmanme]

A little over 30 years ago, while I was serving on the Planning (& Zoning) Commission of a fast-growing Colorado City, the subject of an Animal Control Ordinance came up for study and recommendations to the City Council.

After much study and debate over a few months time, our recommendation to the council was essentially that the property owner must confine ALL IMPACT of keeping animals to their own property.

At first, the idea was to prohibit certain animals...that suggestion proved to be extremely "wieldy" and subject to much "personal preference".

Another proposal had been to limit animals to two animals per property, with no prohibition of any particular animals. That suggestion was "dumped" when it was pointed-out that such a recommendation would allow each homeowner to have 2 elephants.

The entire process proved to be an exercise in "idiocy"....and was essentially a question of: "What animals do I like and dislike.....and which neighbors do I like and dislike ?"

It was a REAL "barrel of worms" !!! (The ultimate ordinance didn't mention worms, as I recall.)

Ha-Ha !!!
-Junkmanme-

 

[Me & My Peeps]

I agree with other posters, you did the responsible thing by asking. I also went to my town hall and asked prior to getting them. I got a 15 minute chat about basically nothing. I ended the conversation with "Well, dont forget this face if someone comes in and complains. Im asking and you obviously don't know the answer". She laughed, I left, I got chickens. A year later - still no problems.

All you can do is ask.

 

[NewHopePoultry]

Im not even sure if my town knows their own laws,lol.
So far no one has said anything.

 

[Chicken.Lytle]

Quote:
Beware of annexation! A nearby city is trying to grow so it can increase its political power and revenue.

Depending on your state laws, you might need to move out further than "just out of city limits". Also, look out for neighborhood associations (if you have them) and look out for deed restrictions (if you have them).

You cannot count on grandfathering when up against a strong municipality or a jerk.