Confused about zoning.


9 Years
Dec 19, 2010
My Coop
My Coop
I am curious about this code that I pulled off the internet. I live in the country but this is from the Zoning board of the town that I live outside of. Oddly enough they have over 600 pages of zoning rules to govern a town with the population of less than 200 people. Isn't bureaucracy cool?!! The only mention of chickens in any of their ordinances is line 3 posted below. I have reread this a few times and I think that they are saying that they are 'excluding' the topic of chickens in this area of their code and will address it in another section, which they didn't. Or are they saying somehow that chickens are excluded meaning they aren't allowed?

167.01 "R-1" DISTRICT REGULATIONS. The regulations set forth in this section and other applicable sections of this Zoning Code apply in the "R-1" Single-Family Residential District

B. Accessory Uses:

1) Normal accessory buildings and structures for a dwelling such as: private garages, swimming pools, children’s playhouses (shall not be used for dwelling purposes), radio and television receiving antennas, antennas, barbecue pits, playground equipment, tennis courts, etc.

(2) Normal accessory buildings and structures for public recreation areas such as: refreshment stands, playground equipment, all-weather shelters, tennis courts, barbecue pits, etc.

(3) Domestic animals such as: Cats, dogs, birds, tropical fish, etc., which are normally allowed to run free or are housed within the dwelling. Horses, cows, swine, sheep, chickens and other similar fowl, etc. normally considered farm or wild and untamed animals or fowl shall be excluded except as otherwise provided for in this Zoning Code.

(4) Greenhouses and horticultural nurseries for noncommercial gain.

I am zoned RR by the county for whatever that is worth. The same zoning as my neighbors. Two of which have had horses for years so I am sure I am fine. But I was curious I guess about how this is written. Either I am not that smart or regulations are written in a more complicated manner than they need to be.
It looks to me that they are excluding them from R-1 housing (which is your standard single family home), but allowing them for other areas that are specifically listed in the zoning regulations. If you are RR, then you would be following the regulations for that zone and not for R-1.

In other words, they are not allowed in areas where there are regular single family home lots, but not necessarily disallowing them in other areas.
If you know your zoning is RR and there's nothing in there saying you can't have chickens, then you're probably OK. It's always good to ask your town about this, though. Chances are, with such a small town as yours, that the only homes that would be restricted are those close to the center of the town or in one of those "cluster" developments where the homes are close together.
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First, does the TOWN have zoning jurisdiction over your property? If not, then it does not matter WHAT the code states. If it does, then the portions you listed say that chickens are not allowed as an accessory use, but that other provisions of the code may allow them.
You need to find out which entity has jurisdiction over your location. County, township, village, state, etc. Once you know which entity has jurisdiction you go to their code.
You said your were zoned RR by your County. It sounds like you do not live within the legal boundaries of the town. If you live in an unincorporated area, most likely you are bound only by your County regs (unless you live within some sort of Homeowner's Association).

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