Experiences with town zoning not allowing chickens?

[texascorgi]

We have not checked. Our neighbor across the alley has a goat and another person a couple of blocks down has a cow. So we figure what are a few chickens going to hurt.

 

[Backyard Buddies]

You might try changing city hall. It can be done. You'd have to research other towns of similar size and make your case. For example, I live in a town of over 100,000 people. I live on a 6400 sf lot, most of it in the front, leaving me with a backyard that is only 25' X 64'. In my town, chickens are lumped in with any other pet. Our law, simply, is that you cannot have more than four pets, chickens included. Goats, cows, horses, etc are not allowed. I already had a cat, so we purchased 3 chickens. As much as we would love to have more chickens, my children know the city law because we discussed them and I don't think that I'd want to burden them with the knowledge that mom was not following the rules.

Another thought, some towns that do not allow chickens will make an exception for children involved in 4-H. You might want to see if that is the case in your own town.

And one more thought, you spoke to a person. Was she reading from the laws or just telling you what she thought was the case? Get a copy of your city regulations and see if you might find a loophole. In a non-chicken related situation, I did just that in my own town. It took a while, but I did come to know that you can change city hall!

 

[Llysse]

Quote:
That's a good point!

You might also consider embarrassing them. Have a friend in the media? Ask him or her to do report the story. Call the lady back and record the phone call. Be as polite as ever, and let her be just as rude as she was the first time. If she's not an elected official, the person in whose office she works who IS elected will probably take a lot of heat for the type of public service they're providing to the citizens.

Most people are afraid of negative PR, and would much rather be seen as a good guy/gal. There might even be other BYC members in your area that would join you in a letter-writing campaign.

 

[SandraChick]

Check to see if you can get a variance. Make the case that these are pets (with egg benefits)....silkies (especially) are ofen treated more like parrots than fowl.

DO you research...show them pictures of chickens in diapers, or walking down the street in leashes. Many members on this forum would probably help with pics of this kind.

Sandra

 

[MTchick]

A friend of mine has successfully kept chickens in an illegal downtown location because the laws there allow "(in the Livestock section) No animals kept for agricultural purposes... (and then later in the Pets section)... Up to five caged birds as pets." I think they mean parrots or doves, but who cares? His birds are penned/caged and his neighbors like them, they have names, they are pets.

You might see if the problem can by slyly bypassed like this.

-MTchick

 

[Backyard Buddies]

That's exactly the kind of loophole I was thinking about MTchick! Besides, the definition of livestock is,

"livestock

Farm animals, with the exception of poultry. In Western countries the category encompasses primarily cattle, sheep, pigs, goats, horses, donkeys, and mules; other animals (e.g., buffalo, oxen, or camels) may predominate in other areas. See also ass, cow, dairy farming."

This is from Britannica as quoted at http://www.answers.com/topic/livestock

So, if the city regulations only specify that livestock not be allowed within the city limits on lots zoned a certain way, that does NOT necessarily preclude chickens from being allowed in those same zones.

The neighbors that lived kitty-corner from me, until they sold recently, had several parrots that they kept in cages outside during the summer months. Those suckers were LOUD! My chickens, in comparison, are quiet with the exception of that egg laying moment that lasts for no more than five minutes and only during daylight hours.

My chickens' home is no more than 25 feet from 2 neighbors, and none of them have ever been offended by the chickens and instead really enjoy their little noises. I think there is a lot of argument for working within the system and finding a way to make it work with your desires. It may take some creativity, but I'm sure you could use all kinds of sources to make your point. You didn't say how old your daughter is, but a sweet little face making a pointed and educated argument can go a long way to influencing change.

 

[mom'sfolly]

I figure my chickens are semi-illegal. The city regs allow the birds the HOA says no livestock for commercial purposes. In another section the HOA regs say no animals, livestock or poultry except for two dogs or two cats. I figure enforcement would be extremely iffy for the HOA since on my cul-de-sac I have one home with 4 dogs and two cat, two with 3 dogs each and one with at least 5 cats. I still ran it by my neighbors, and will bribe them with eggs when the girls do their thing.

 

[SeaChick]

Hi all-
Thanks for your comments.
Loophole-wise, I don't think I have much to work with. Here's the town zoning laws:

Sec. 27-85. Farm animals and produce.
SOUTH PORTLAND CODE
27051
In the Residential District AA, the keeping of farm-type animals, including but
not limited to horses, ponies, cattle, pigs and fowl, the keeping of dogs, cats and
rabbits for commercial purposes and other uses offensive and detrimental to the
neighborhood are prohibited. The sale of produce raised on the premises is permitted
provided off-street parking spaces are provided in sufficient numbers to avoid any
parking on public streets or highways. This section shall not apply to pre-existing
farms as defined in Ord. Sec. 27-55.
(Ord. No. 23-78, 11-6-78; Ord.No.3-96/97, 8-5-96)

That's pretty clear, unfortunately. Nowhere else is there any mention of pets, birds, or any other written law that I might try to make apply to my situation.


South Portland does not allow "Use variances" whatever that means, but I specifically asked if I could apply for a variance and she said NO.

As far as changing the law, she said that the fees involved are arounf $700, which I can not afford.

So----- I believe my only options are:
1) Do it anyway and risk the consequences.
2) Mount a media campaign and try to get a city councilor to propose the change. Unfortunately I do not have the free time and energy at the moment to undertake something like that.

So sad!!

 

[MTchick]

Quote:
I think you are completely off the hook- go get the chickens! You are not planning on using them for commercial purposes (selling the eggs) and you are not going to be offensive or detrimental in any way. It is perfectly legal for you to have chickens if you keep them clean, quiet, and you do not sell the eggs.

Problem solved. Seriously, that code is quite obviously permissive of you having a reasonable number of well kept, non-commercial chickens.

-MTchick

 

[MoonGoddess]

I agree. There IS a loophole. Your not using them commercially AND as long as you keep them from being a "nuisance" to people in the neighborhood you'd be ok. Honestly they can't do anything about it. There is NO law regarding chickens as pet. They may one day amend that, but as it stands if that's what it is...there is no law specific to your situation.