Health officer said my chickens must go....My kids are very upset!!

[HilltopFarm]

Our lot size is 200' X 50' so no we are not. But when I went to the zoning officer in feb, she said there are NO codes about chickens. Now after the fact I built and raised my chick, not there are codes. That's what we are upset about.

 

[Sonoran Silkies]

As I read the code, sections A & B apply to COMMERCIAL poultry. Unless you are operating a business, it does not apply.

Some of the later restrictions, particularly those listed under F do seem to apply. I don't see ANYWHERE that the Health Officer is authorized to categorically deny permits because he disagrees with the idea of poultry in a residential area.

Is is possible that this is a health code and not a zoning code? And that that is why the zoning person said there are no codes about chickens?

 

[Sactown Chickens]

Quote:
Okay...section F says you have to be 100' from your neighbors OR obtain a license from the Board of Health. Because it states this in the code, there must be an actual procedure to obtain one. Have you talked to anyone at the BOH other than the guy who was such a jerk to you?

Part of what you quote seems to be from the building code. You said zoning said chickens are okay. What city are you in? I work in planning/zoning and would like to read their zoning section online to see what it says about chickens to see how that department treats poultry.

 

[HilltopFarm]

Quote:
Okay...section F says you have to be 100' from your neighbors OR obtain a license from the Board of Health. Because it states this in the code, there must be an actual procedure to obtain one. Have you talked to anyone at the BOH other than the guy who was such a jerk to you?

Part of what you quote seems to be from the building code. You said zoning said chickens are okay. What city are you in? I work in planning/zoning and would like to read their zoning section online to see what it says about chickens to see how that department treats poultry.

Rockaway Borough NJ, no the only two guys in the health dept both hate us!!

 

[Sactown Chickens]

The zoning section of your ordinance does not seem to speak to animals at all.

One interesting thing I did see was under the definitions in the animal section. Check this out...


PET
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
[Added 10-13-2005 by Ord. No. 17-05]


To me, this should fit your chickens, as they are definitely a domesticated animal. I don't know if it will help, but I thought I would at least point it out...

 

[HilltopFarm]

Quote:
Thanks, we will look into that, the more we have the better!!

 

[Sonoran Silkies]

Yes, it does seem that there are conflicts between the various sections of the code. A reasonable argument is "why would this be addressed and given specific requirements such as coop location, etc., if they are not allowed?" You may want to bring the discrepancies to the attention of the city attorney and ask for their legal opinion of what is and is not allowed, and the ability of the city health officer to arbitrarily enforce only the portions that restrict and ignore the portions that grant rights.

 

[BigPeep]

The first section of this ordinance only applies if you are raising the birds for commercial purposes. Other than that, there are various set back requirements, so it would initially be a matter of you doing the measurements. You should refer to your plat of survey from when you bought the property, which will have those. Then you would have to measure the distances of your coop from structures on neighboring properties.

I don't understand how a health officer can also be on a city council. Around here that would be a conflict of interest. The health department is staff. They are never council members. I am currently a park district commissioner and none of our staff are ever on our board.

I am an attorney and former township and county planning commissioner in Illinois.

Let me know how this works out.

 

[gaberdeen]

Good luck with your fight Hilltop. I'm just up the road in Byram and have a feeling I'm gonna be having a fight on my hands too. Neighbor just discovered I have chickens so I suspect a visit by the town soon. Nice thing is however I just looked at our zoning laws and might have a chance( it does list a section for residential agriculture) Best wishes.

 

[BigPeep]

gaverdeen: The agricultural zoning section will probably not help you unless you already have that zoning. It's usually a zoning category that runs with the land, or can be a conditional use that is granted on petition. You can't just convert your underlying zoning to that without going through the formal petition process. Your best bet is to look to see if chickens are expressly and clearly prohibited in your zoning category or generally. If not, they would have to pass something and they might have to grandfather you in as a pre-existing use.