grandfather clauses don't mean what they used to?!

[fowlwoman1]

I accidentally turned myself in today... I was trying to find out if it was true that 5 hens are legal in the city limits so I could use that to sell my chicks I've been hatching. so the city guy asked me for my address and I automatically told him....oooops. I knew that would be a mistake. I try to protect myself from jerks who want to "enforce the rules" even when they aren't supposed to apply to me. My mom owned this property for 40 something years. My husband and I bought it from her in December. There have been animals of all kinds for 40 something years, but for about the last year, we have had only chickens and geese. About 15 years ago this property was annexed into the city limits, with a grandfather clause of course. The city guy told me pretty much NO CHICKENS IN THE CITY LIMITS PERIOD. I just got online and read the city ordinances and it says if you have half an acre you can have 3 hens. If you have a full acre you can have 12 hens. This is even without any kind of grandfather clause stuff. we have 3/4 of an acre. so I told the city guy that our property is grandfathered in. He said that grandfather clauses don't mean what they used to. I said, "that's sick!" . I told him that I bought the property from my own mother and he said that if it changes owners, then the grandfather clause is void. I did some reading on the net and that's not what I found. I found that even if it changes ownership, as long as it stays used for the same thing, then the grandfather clause is still in force.

So can anyone help me out on this one? The guy says he'll do some research and get back to me tomorrow. It sounded to me like he's trying to bust me for my chickens. After the information I found, he's going to have a helluva fight. I know I"m in the right. I can even have roosters. I have 5 adult roosters, by the way. I have 25 laying hens, and 18 3 month olds. And I sell the eggs and have been selling baby chicks.

 

[Hangin Wit My Peeps]

I would fight too if he tried getting into your business! That is nuts...especially since you got it from your mother. Sending good luck your way! Sorry I can't help...I would not know where to start with that one. Hope someone else will be able to give you some tips as to where to go next with this.

 

[LynneP]

Document everything you are doing- research, deeds, phone calls, visits. Do not give him access without seeing an official badge or ID from an inspection division of your city. Recheck the zoning laws and keep copies on hand, but do not surrender the copies to anyone, keep them for yourself. If you do this and hold fast you should probably be okay. Use the media so long as you are on a sure footing. I really hope this guy is not going to create problems for you, and I send my best wishes your way.

 

[Dodgegal79]

My father was taked to court years ago because he was operating a business out of his property, had been for 40 years, then the houses came and didn't like it. In court the Judge just ignored all the Grandfather right claims and we lost. Make sure you have a strong case, court do not like these types of things.

 

[scooter147]

Here in Missouri if the property is sold and the new owner is immediate family the grandfather clause holds true.

There was a farmer here that raised pigs. The farmer refused to sell to the housing developer and they built the subdivision anyway, around 100 homes, next to his property.

Guess what? the new neighbors didn't like the smell of a hog operations and sued him.

I thought, didn't they see/smell this operation when they were looking at the property? Didn't they think that this might be a problem down the road? Unbelievable to me.

Anyway, the farmer lost he had to get rid of his hogs, the judge said he was a risk to the public health and a did not allow his new neighbors the full enjoyment of their property!!!!


WHAT, what about the farmer. He was their first they moved in on him!!!! I say to bad so sad, live with it. If you were dumb enough to buy next to a hog farm in the first place than you deserve to smell, well you know what , when you walk outside.

I hope that judge didn't give his ruling with his mouth full. Meat doesn't grow on trees somebody has to raise it SOMEHWERE!!!

 

[fibberm]

How has your situation been resolved? I have a related situation over here in Benton County.