- May 27, 2009
- 208
- 11
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I have only been involved in the BYC site for a short time since getting my chickens. However, I have noticed a pattern to the posts on the ordinance topic.
People who post here have tended many times to have just hauled off and put in chickens without bothering to check local zoning laws and any subdivision covenants or restrictions. Then there is a complaint and now they are in trouble. There will always eventually be a complaint. It's just a matter of time.
You have now really put yourself under the gun as the complaint will usually trigger a daily fine until you get rid of the chickens . There will then be a hearing scheduled if it is an ordincance violation, where you will have to "scramble" to assemble your arguments and support for why the ordinance either doesn't apply to you or should be changed. If you show up and are the "Lone Rooster" in town who wants chickens, they are likely to view you as a "bad egg" and deny any variances. Worse, this will set a recent precedent that will make it more difficult to make changes later.
Assuming you are reading this BEFORE you get the chickens, or at least before anyone has complained, here is what I would do:
(1) Research all applicable ordinance and, if you are in a planned subdivision, any covenants and restrictions. Do this under the table so as not to alert anyone that someone is looking into it. If you call to find out and they either don't have a restriction or the one they have is faulty, they may try to clean it up.
(2) Once you have done as much research as you can, schedule a consultation with a local attorney who does ZONING cases (not just real estate closings), to confirm your conclusions. The consultation will cost you less than building a coop and having to tear it down later.
(3) If there is no ordinance or other restriction, go ahead with the chicks .
If the restrictions are vague or ambiguous and leave some wiggle room, you might want to go ahead but also molify the neighbors by avoiding roosters and bringing them some eggs from time to time. Maybe have a yard party. Find others in the area who also want chickens and form a group. That way if you are challenged, you have the support of your neighbors and others. Salt away some money for legal costs.
If the ordinance or restrictions are iron clad (ie. "no person shall have chickens in the city limits"), start assembling a group of people who are like minded and put together a "dog and pony show" (in this case a "chicken and egg show"), for the appropriate council or association. Include examples of other places that have allowed chickens and maybe get the video "Mad City Chickens" and show it to them. Check out the website www.madcitychickens.com for how they did it in Madison, WI.
If you live in a rural area, this may not apply to you so use your best judgment. People normally only have problems where they are under residential zoning of some kind.
I am an attorney and former township and county planning commissioner in Illinois and recent chicken owner. Please consult with an attorney in your state for appropriate legal advice.
People who post here have tended many times to have just hauled off and put in chickens without bothering to check local zoning laws and any subdivision covenants or restrictions. Then there is a complaint and now they are in trouble. There will always eventually be a complaint. It's just a matter of time.
You have now really put yourself under the gun as the complaint will usually trigger a daily fine until you get rid of the chickens . There will then be a hearing scheduled if it is an ordincance violation, where you will have to "scramble" to assemble your arguments and support for why the ordinance either doesn't apply to you or should be changed. If you show up and are the "Lone Rooster" in town who wants chickens, they are likely to view you as a "bad egg" and deny any variances. Worse, this will set a recent precedent that will make it more difficult to make changes later.
Assuming you are reading this BEFORE you get the chickens, or at least before anyone has complained, here is what I would do:
(1) Research all applicable ordinance and, if you are in a planned subdivision, any covenants and restrictions. Do this under the table so as not to alert anyone that someone is looking into it. If you call to find out and they either don't have a restriction or the one they have is faulty, they may try to clean it up.
(2) Once you have done as much research as you can, schedule a consultation with a local attorney who does ZONING cases (not just real estate closings), to confirm your conclusions. The consultation will cost you less than building a coop and having to tear it down later.
(3) If there is no ordinance or other restriction, go ahead with the chicks .
If the restrictions are vague or ambiguous and leave some wiggle room, you might want to go ahead but also molify the neighbors by avoiding roosters and bringing them some eggs from time to time. Maybe have a yard party. Find others in the area who also want chickens and form a group. That way if you are challenged, you have the support of your neighbors and others. Salt away some money for legal costs.
If the ordinance or restrictions are iron clad (ie. "no person shall have chickens in the city limits"), start assembling a group of people who are like minded and put together a "dog and pony show" (in this case a "chicken and egg show"), for the appropriate council or association. Include examples of other places that have allowed chickens and maybe get the video "Mad City Chickens" and show it to them. Check out the website www.madcitychickens.com for how they did it in Madison, WI.
If you live in a rural area, this may not apply to you so use your best judgment. People normally only have problems where they are under residential zoning of some kind.
I am an attorney and former township and county planning commissioner in Illinois and recent chicken owner. Please consult with an attorney in your state for appropriate legal advice.
