Do you think I have a "loophole"?

[Tegan]

Ok, so...I think I MAY have found a VERY slippery loophole....this is the ONLY place in the city code that I've found that says chickens are not allowed. (only dogs, cats and dangerous animals are covered in the civil code) A-2 is defined as Rural Residential Zone, R-1 (where I live) has NOTHING about not allowing chickens. Do you think I have an argument in saying that it said nothing about not allowing chickens in R-1 zone?


“A-2” Annexation District.

A. Principal Permitted Uses. Those uses of structures or land listed in this Section
shall be permitted in A-2 Annexation District.

1. Those uses of structures and land, and permitted accessory uses listed in
Section 301.9A, Waukee Municipal Code, shall be permitted in this “A-2”
District, except for the following:

(a) No farm animals, including and not limited to horses, cattle, sheep,
swine, or fowl shall be kept within the city limits of the City of
Waukee, except in A-1 District or A-2 Annexation District on tracts
of one (1) or more acres.

 

[realsis]

if you have one or more acres it looks like you will be OK? do you have one or more acres? are your neighbors OK with the chickens? if your neighbors are OK with it hopefully no one would complain. have you asked them?

 

[Tegan]

The thing is I live on R-1 zoned property...the only place this shows up is the A-2 zoning section. It doesn't specifically forbid it in the R-1 zoning section like it does in the A-2 section. Loophole or no? Able to argue ignorance or no?

 

[Sonoran Silkies]

Check the rules of constructions section (usually either at the very first or very end) of zoning code. Chances are that it says that only used specifically listed are allowed; that if a use is not listed as allowed, it is not allowed..

 

[Tegan]

Yeah, it's not allowed...I was just kinda hoping! Oh well...the fight to get them legal continues!