Help. Any ideas? Want to keep my girls near Rochester, NY...

dcsend

Hatching
Jan 23, 2024
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Hi there. Trying not to make this a long post. I've had my girls for 4 years. No one knew, and those who did didn't care. In fact, my immediate neighbors LIKE them. One neighbor across the street is sisters w/my immediate neighbor, so she knew and got 12 hens (we're only allowed 6). She got them before she had a coop, so they were free-ranging (totally against Code) on her .67 acres. Well, folks started complaining and yep. Now I'M in trouble. The ordinance in Scottsville, NY is that you need .5 acre AND they need to be securely locked up (which they are). Apparently, I live on .35 acres.

I was given 45 days to rehome them or face $250 fine and/or 15 days in jail until they're gone. I went to talk to the Mayor (of our 2500 person town), and in walks the building inspector. Get this...BACK STORY: We spent 5 yrs remodeling a zombie home in the village (hit by a car, abandoned for 8 yrs, siding falling off), made it beautiful, moved in, and just bought and are remodeling the home next door that was deemed unlivable (hit by a car). So he this building inspector has been in and out of both properties for 3 yrs...HE NEVER KNEW WE HAD CHICKENS!
The Mayor was sympathetic and suggested, in jest - but not really, that I go to a Counselor and get a letter to say that they are Emotional Support Animals because they are more my pets than egg-layers, and bring that letter to the Village Board Mtg in Feb.

I don't think I'll do that, lol. Those who need ESA is a real thing and I don't want to make light of that just to save my girls...But I am stressing a bit. I'm afraid they're going to follow the "letter of the law" and demand that I meet the .5 acre requirement. We've had to deal with the Historic Board because our home is 175 yrs old, and these small-town boards are funny...some are on a power-trip and that's what I'm afraid of.

Though, if the girls are locked up, what does it matter? I'm looking up other towns in the county and it's split. Some towns don't care, as long as you have 6 hens and a secure coop. Others are on the NO CHICKEN train.

The Mayor asked if I'd be okay w/a compromise...keeping them until they "cross the rainbow bridge" (die), and then committing to never getting girls again. Uh, I don't know. I've had chickens for 25 years and my son who is moving next door wants chickens. Plus, I feel that it's silly, i.e., you have to lock up and secure the girls - what difference does it make how big your lot size is... I think I'd want MORE girls. I'd really like them to change the law.

Any thoughts??? Should I bring proof of what other towns in the area do??
Bird Girl in Scottsville :)
 
Bring some of your neighbors to that meeting, and explain,,,,,, You are fine with the 6 chicken limit,,,, but have no way of increasing your lot size.

WISHING YOU BEST,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,and :welcome
 
Hi there. Trying not to make this a long post. I've had my girls for 4 years. No one knew, and those who did didn't care. In fact, my immediate neighbors LIKE them. One neighbor across the street is sisters w/my immediate neighbor, so she knew and got 12 hens (we're only allowed 6). She got them before she had a coop, so they were free-ranging (totally against Code) on her .67 acres. Well, folks started complaining and yep. Now I'M in trouble. The ordinance in Scottsville, NY is that you need .5 acre AND they need to be securely locked up (which they are). Apparently, I live on .35 acres.

I was given 45 days to rehome them or face $250 fine and/or 15 days in jail until they're gone. I went to talk to the Mayor (of our 2500 person town), and in walks the building inspector. Get this...BACK STORY: We spent 5 yrs remodeling a zombie home in the village (hit by a car, abandoned for 8 yrs, siding falling off), made it beautiful, moved in, and just bought and are remodeling the home next door that was deemed unlivable (hit by a car). So he this building inspector has been in and out of both properties for 3 yrs...HE NEVER KNEW WE HAD CHICKENS!
The Mayor was sympathetic and suggested, in jest - but not really, that I go to a Counselor and get a letter to say that they are Emotional Support Animals because they are more my pets than egg-layers, and bring that letter to the Village Board Mtg in Feb.

I don't think I'll do that, lol. Those who need ESA is a real thing and I don't want to make light of that just to save my girls...But I am stressing a bit. I'm afraid they're going to follow the "letter of the law" and demand that I meet the .5 acre requirement. We've had to deal with the Historic Board because our home is 175 yrs old, and these small-town boards are funny...some are on a power-trip and that's what I'm afraid of.

Though, if the girls are locked up, what does it matter? I'm looking up other towns in the county and it's split. Some towns don't care, as long as you have 6 hens and a secure coop. Others are on the NO CHICKEN train.

The Mayor asked if I'd be okay w/a compromise...keeping them until they "cross the rainbow bridge" (die), and then committing to never getting girls again. Uh, I don't know. I've had chickens for 25 years and my son who is moving next door wants chickens. Plus, I feel that it's silly, i.e., you have to lock up and secure the girls - what difference does it make how big your lot size is... I think I'd want MORE girls. I'd really like them to change the law.

Any thoughts??? Should I bring proof of what other towns in the area do??
Bird Girl in Scottsville :)
Perhaps you could ask for an official variance on the zoning ordinance regarding the size your lot has to be. Here is what I found:
"A variance is a relaxation of the restrictions imposed by the Zoning Ordinance and can only be granted by the Zoning Board of Appeals. Variances may be granted by the Board from the restrictions imposed on height, lot size, lot coverage and setback."
 
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❓💡

Maybe its possible to keep them if you can bring two gardens/plot in as one. Officially documented to have a small community garden with only 2 owners. The plots should be 0.5 acres or more together of course.
 
I think you are in an uphill battle. Even if you obtained a zoning variance the complaining neighbors would drive you crazy with frivolous lawsuits. People can be very vindictive. Good luck.
 

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