City vs. County Ordinances, which take precedence? Midway, Kentucky

[PensacolaBlue]

We received a certified letter from Woodford county telling us to cease and desist keeping our 4 - 4 week old hens. One of our neighbors (pretty sure we know who) obviously; there are only 3 houses that can even see their playpen.

The county cited codes regarding agricultural vs residential land use; however, our city ordinance specifically says:

§ 90.09 FOWL GOING AT LARGE PROHIBITED.
(A) No person, owning or having in his or her custody and control any fowl, shall permit same to run at large, or to go upon the grounds or property of another, or beyond the bounds of the property of the person or persons in control of the fowl.
(B) Any person who shall violate any provision of this section shall be subject to the provisions of § 90.99.
(1997 Code, § 1022.9) Penalty, see § 90.99

To me, this implies that it is ok to have fowl that are properly contained. Any thoughts?

 

[aafairchild]

I should think if you live in the city limits, the county can get stuffed. Generally city rules override. Kentucky is a mighty strange place though so I would not bet the farm on that.

Good Luck
Alice

 

[PensacolaBlue]

We've heard quite a few conflicting things from city and county - but the Mayor himself sent an email saying that hens are fine as long as they aren't running at large (and a rooster would fall under the noise ordinance - we'll rehome any that turn out to be cockerels). Called the county to let them know and they said it still falls under the county zoning laws, and the mayor would need to work with them to get their ordinances to align. Which makes no sense given that we are within city limits.

But the mayor said he would take care of it, and he is a decent guy.

So for right now, I have the mayor's email printed out and tacked to our front door, brooder box, and playpen. This is the most uptight, backwards county in the state.

Thank you for your input - the county indeed can get stuffed.

 

[PensacolaBlue]

It never ends

We were paid a visit from the dude with county zoning, who took pictures of the chickens in their run. He asked if we got his cease & desist letter - apparently no one told him we had contacted his office the day it was received. He was unfamiliar with the city ordinance, and asked for a copy of the email from the Mayor saying it was legal to keep them. Then he said "this is gonna be good" and left. I have a very bad feeling about the whole thing.

 

[Mutt Farm]

Oh hi!

How frustrating! I'm just jumping in as a cheerleader. From your info so far, I agree, the county and the neighbor at large might be proved in error. I worry that neighbor at large might know of a law that started this whole thing. Can you look up your parcel map to know your exact zoning and property size, planned community? HOA's? Agricultural or residential? The laws are absolutely confusing sometimes and it's nearly impossible in some areas to figure out what's legal and not. As witnessed by your visit today! So many laws overlap. If, If and If...is usually the way it goes. IF your property is X big, IF the poultry or livestock is kept XX ft away from any residence of adjoining property...on and on. I sure hope you get resolution and it doesn't spoil your desire to have a few chickens. I worked for City/County Animal Control. Can't tell you how many times I had to stand down waiting for Code Enforcement to learn the codes and quit bickering. Keep us posted.
I wish I could help.

 

[PensacolaBlue]

Oh hi!

How frustrating! I'm just jumping in as a cheerleader. From your info so far, I agree, the county and the neighbor at large might be proved in error. I worry that neighbor at large might know of a law that started this whole thing. Can you look up your parcel map to know your exact zoning and property size, planned community? HOA's? Agricultural or residential? The laws are absolutely confusing sometimes and it's nearly impossible in some areas to figure out what's legal and not. As witnessed by your visit today! So many laws overlap. If, If and If...is usually the way it goes. IF your property is X big, IF the poultry or livestock is kept XX ft away from any residence of adjoining property...on and on. I sure hope you get resolution and it doesn't spoil your desire to have a few chickens. I worked for City/County Animal Control. Can't tell you how many times I had to stand down waiting for Code Enforcement to learn the codes and quit bickering. Keep us posted.
I wish I could help.

Oh absolutely - zoned residential (R-1A), .36 acres (~17000 sq ft), no HOA or deed restrictions. This is from the county zoning ordinances:

705 LOW DENSITY-SINGLE FAMILY RESIDENTIAL (R-1A) 705.1 Intent These zones are established to provide for single family detached residences and supporting uses. The zones should be located in areas of the community where services and facilities will be adequate to serve the anticipated population. 705.2 Principal Uses A. Single family detached dwellings. B. Customary general horticulture uses and buildings including non-commercial greenhouses. 705.3 Accessory Uses A. Accessory uses and structures customarily incidental to any permitted principal uses located on the same lot therewith. B. Private garages and parking areas. C. Living quarters without cooking facilities and not rented, for employees of the premises. D. Private swimming pools not to exceed eight and one half (8 2) feet in height and located no closer than eight (8) feet from the side and/or rear lot lines, when they meet yard requirements for principal buildings and when adequately fenced to prevent the free access of small children. E. Agricultural structures. F. Home Office. (Amended December 2005) 705.4 Conditional Uses A. Home Occupation.(Amended December 2005) B. Churches and Sunday school buildings. C. Parks, playgrounds, and golf courses. D. Hospitals, nursing homes, rest homes and rehabilitation homes, excluding those for the insane, or drug addicts. E. Schools for Academic Instruction. F. Cemeteries. G. Family Child Care H. Bed and Breakfast/Inn Establishments. (See Article V, Section 507) (Amended December 2006) 705.5 Prohibited Uses All uses, other than those listed as principal, accessory, or conditional uses or substantially similar to principal accessory, or conditional uses shall be prohibited.

We're pretty much decided to move at the end of the school year if not sooner, even though we've been here over 10 years. It's stressing
the entire family. In a worst case scenario, my mother can take them until we relocate. It is definitely a

situation!

 

[Mutt Farm]

Oh Gawd!

That's precisely the frustration! What homeowner could decipher that? City/County Code Enforcement staff can't seem to. I'm sad that you think you might need to move for 4 baby chickens.

 

[PensacolaBlue]

Well, we got an answer back from the Mayor - apparently the county has "set him straight" on the matter. The county ordinance (even though I cannot find the specific one that prohibits "agriculture" on residential property), being stricter, takes precedence.

The moving thing is something we've been considering for a while now; this is rather the last nail in the proverbial coffin. I honestly don't feel comfortable living here, haven't for a while. 10+ years of nonstop barking, interstate traffic noise, neighbors behind us hate us for making them move the fence they built 2' into our yard, etc. Not particularly happy with the school district. Lots of other things.

So the chickens will go to live in Lexington until we get everything squared away.

 

[Mutt Farm]

Well, I'm sorely disappointed. Sad for you. I hope you find a friendly community to enjoy your lifestyle.

 

[WYNot]

Before you go, make sure you inform the mayor and everyone involved on the city side exactly why you are moving and taking your tax dollars with you.