Have to get rid of the girls - need help in changing this. Mt. Juliet, TN

[OAJennings]

Hello all,

Neighbor complained about my birds. I have a rooster (by accident) and two hens. Codes department came out and said I had 10 days to remove them. I am attaching the link to the zoning ordinance. The only thing I see is that I am not allowed to have Intensive Agriculture poultry and egg producing operations. I hardly think 2 eggs a day is an "operation". Can someone take a look at it and give me some advice? I live on 1 1/2 acres of property with the other neighbors have just as much property.

Table 5-102A

http://library.municode.com/index.aspx?clientID=14839&stateID=42&statename=Tennessee

Thank you. I am heartbroken over this.

 

[gmendoza]

Sorry to bring this news to you:

3-104.9 Provisions applicable to agricultural and extractive activities.
1.
Special conditions for egg production houses, feedlots and stockyards. These provisions are adopted pursuant to Title 44, Chapter 18, Feedlots, Dairy Farms and Egg Production Houses, of the Tennessee Code. In those districts where authorized as a conditional (C) use, the following supplementary regulations shall apply to uses classified in the intensive agriculture activity type:
a.
The location of such an activity shall be in an area sparsely developed during the length of time the use as an egg production house, stockyard or feedlot is anticipated.
b.
No such facilities shall be permitted on a zone lot, unless it contains a minimum lot area five acres.
c.
Any permit issued, thereunder, shall be based on a site plan or other documents submitted with an application that shall indicate the following:
i.
Existing contours of the site and up to 100 feet beyond the site boundary. Contour intervals shall be at two-foot intervals.
ii.
Location of the area in which the proposed keeping of animals is to be conducted.
iii.
Location of all proposed buildings, animal pens, roadways and other facilities proposed on the site.
iv.
Proposed method of drainage of the animal pens.
v.
Proposed fencing of the site.
d.
Any egg production house, feedlot or stockyard shall be located on a site such that the closest point of any building or fenced lot, yard, corral or other area in which livestock are confined primarily for purposes of feeding, growing, raising, or birthing prior to slaughter is set back a minimum of 500 feet from any existing residence and 250 feet from any public right-of-way.
e.
Any facility to be constructed shall submit a groundwater protection plan with the application required, hereinunder. Such plan shall address:
i.
Decreased water quality from erosion and runoff; and
ii.
Surface water and groundwater contamination from poultry waste.
f.
A plan for disposal of waste, including manure, litter and dead birds, shall accompany the application required, hereinunder.
g.
A plan for odor control to include evidence developed from operations similar to the one being proposed shall accompany the application required, hereinunder.
2.
Agricultural services. In those districts where authorized as a conditional (C) use, the following supplementary regulations shall apply to uses classified in the agricultural services activity type:
a.
The location of such activity shall be on a site at least five acres in size.
b.
The site shall be located within an area where the activity does not create a nuisance to residential activities located on adjoining properties.
c.
All operations shall continuously comply with the performance standards presented in article XII of this ordinance.
d.
Fencing shall be provided around all activities within this grouping.


equipment repair, welding shops, wood working shops, manufacture or processing of garments, the sale of farm products, supplies and equipment and other similar uses that in the opinion of the Board of Zoning Appeals would meet the criteria of an accessory-agricultural occupation. These provisions are established to provide supplemental occupations for residents located in a rural environment. All applicants requesting approval for this type of home occupation are required to meet the provisions set forth below and any other safeguards the Board of Zoning Appeals may deem necessary to protect neighboring and near by properties.
a.
Property must be located in an AR-40 district and meet minimum lot size and dimensional requirements for the district.
b.
No proposed use shall occupy more than one accessory building with a total square footage not to exceed 3,000 square feet.
c.
Accessory buildings may not be altered so that the character of the agricultural function is not maintained.
d.
Any accessory agricultural occupation located within 200 feet of any residential structure on an adjoining lot shall maintain a 50-foot buffer at all points along the shared property line between the uses.
e.
Adequate parking shall be provided to serve the accessory agricultural occupation as well as the agricultural and residential functions taking place upon the lot.
f.
No outside storage of goods or materials shall be visible from any public road.
g.
Uses involving the storage, transfer or disposal of hazardous materials shall not be permitted.
h.
All automobiles or trucks parked on the site are required to have a current registration and license plates.


I usually can filter thru all this gobbledygook because I've worked in site and planning civil engineering. You will have to find a way to go around this. Maybe give your nosey neighbor some eggs. If they have a dog, show them the information that dogs make more noise and smell nuiscence than chickens do.


Now I also found this:

http://www.cityofmtjuliet.org/Animal Control Ordinances.pdf

Go to the city and fight them with this ordinance. If you have them in some shabby coop, spruce it up to match your house. If they don't have a run, make one and cover and fence it in. Make sure you have a trash can near the run and a shovel and rake so the inspector will know you are up to the task of cleaning waste. You got ten days to do this.

Chop Chop!!

 

[OAJennings]

They have a coop that is in a 10x16 covered pen. I clean it weakly. It's the cause of one mean neighbor ( I know who it is). I have offered them eggs, but they refused. Heck, their pen is cleaner than my kids rooms. The link you posted did not open for me. I have 1 1/2 acres and sits back on the property about 1 acre in. So there are no houses near the coop at all. They do have a dog which I tolerated coming into our yard, pooping on our driveway and barking at us on our own property. I didn't say anything to keep it neighborly, well I guess those days are gone.

 

[gmendoza]

They have a coop that is in a 10x16 covered pen. I clean it weakly. It's the cause of one mean neighbor ( I know who it is). I have offered them eggs, but they refused. Heck, their pen is cleaner than my kids rooms. The link you posted did not open for me. I have 1 1/2 acres and sits back on the property about 1 acre in. So there are no houses near the coop at all. They do have a dog which I tolerated coming into our yard, pooping on our driveway and barking at us on our own property. I didn't say anything to keep it neighborly, well I guess those days are gone.

Well report their dog. Dogs need to be on a leash and cannot freely roam the neighborhood. And loud noises and nuiscences like dog barking and dumping in your yard are a nuiscence.

If this link doesn't open, copy and paste it into your browser at the top.

http://www.cityofmtjuliet.org/Animal%20Control%20Ordinances.pdf

 

[realsis]

I'm so sorry this happened. Is there any way to talk to the neighbor and find out what EXACTLY is bothering them about your birds. Then try and work out a way to fix that particular thing? Unless they are just being hateful this might work. Then bring your girls back out after checked on. It shouldn't be a issue if the neighbor will stop calling the city. If you can fix the issue there shouldn't be a problem.id ASK that neighbor IN PERSON what exactly it is that's bothering them. If it's the rooster re home him. Ask what you can do to make it better where they wouldn't be " bothered" by your birds? Of course some folks are just down right hateful and won't compermise but it's worth a try. If they are nasty id make it my mission in life to find EVERY ordience that they break and call on EVERY single infraction they make!!! Barking dog call, working on a car call, anything thing as minor that you can find CALL. see how they like they city always at their house telling them what to do and how to live!!! I know I must sound hateful and I don't mean to but if they are doing this to simply spite you then id spite them back. If they are reasonable folks they would give you a opportunity to FIX the issue. Try to talk with them. If they are nasty then look for what you can find that they aren't complying with. And don't hesitate to make a call on them. next time the dogs in your yard call animal control. Hopefully it won't come to this and you can reasonably speak to them and have them reconsider. The only reason city gets involved usually is if someone complains. Hopefully you can talk to them and keep your birds!! I wish you the best of luck. It sure wouldn't hurt to try.

 

[Sonoran Silkies]

As long as you do not sell eggs, you seem to be allowed to have your birds, however, you must maintain them so that they are not a nuisance, running at large or any of the other things prohibited by the animal control regulations.

Call Code compliance and ask specifically what the violation was, and ask for a specific place that it is mentioned in code. If they try to say that you have an egg production facility, ask them exactly what that means (it is actually defined in the code, and if you are not selling eggs, and I can't imagine you are with only two hens, you do not meet the definition--but ask anyways) Once you know exactly what violation you are being cited for, you can better respond.

 

[OAJennings]

@realsis - they are truly mean people. Well the wife is. I've lived here seven years and have spoken about 100 words to her and it was usually in response to something she was bitching about. My husband and I think the husband has no idea. She verbally abuses him in front of us. Fortunately the couple that took my birds are friends and they actually know the city commissioner!!! They were shocked that I wasn't allowed to have them. So I'm not giving up, just putting the fire out right now. I've been depressed all week and when I saw them leave yesterday I lost it.
@Sonoran Silkies - thank you. I will ask her more specific questions.

Thank you all for your help. The Chicken Whisperer is going to be in town this Saturday and I plan on attending.

 

[gmendoza]

@realsis - they are truly mean people. Well the wife is. I've lived here seven years and have spoken about 100 words to her and it was usually in response to something she was bitching about. My husband and I think the husband has no idea. She verbally abuses him in front of us. Fortunately the couple that took my birds are friends and they actually know the city commissioner!!! They were shocked that I wasn't allowed to have them. So I'm not giving up, just putting the fire out right now. I've been depressed all week and when I saw them leave yesterday I lost it.
@Sonoran Silkies - thank you. I will ask her more specific questions.

Thank you all for your help. The Chicken Whisperer is going to be in town this Saturday and I plan on attending.

Im so sorry it didn't work out