HENRICO Co, VIRGINIA ~ Need help/support/direction

[mduric]

Thank you again for all the info. I will do what I can to push this issue. I have also contacted local TV station CBS 6 who ran a report couple months ago which you shared below. I explained my issue and asked if they would be willing to talk to me.
We will see what happens. I truly appreciate all your support and quick responses.

 

[ldb63]

I was just looking into getting some chickens for my back yard in Henrico County, and decided to see if there were any issues... So sad it's illegal!

WOW... Chickens keep bugs down... good for the soil.. and provide and endless supply of morning goodness.
I can't think of any other small animal that provides all of that.... Now, I certainly can see where you don't want a ton of chickens - in a confined space... But too many dogs, cats, parrots, rabbits, guinea pigs etc... would all be and issue in abundance... but they are not illegal... And chickens the only one that provides daily healthful gifts!!!



I hope we can get this ordinance over turned!

 

[egghead@1265]

New egg!

Did the media show up?

That was a great idea!

We hope all went well!

 

[RuffledChix]

Any chance Henrico would respond to an online petition...like a Facebook page?

 

[egghead@1265]

Hmm... I am not great at Facebook , however I realize nearly everyone else IS!

Would a petition help?

What help or support can any of us give when living in different states and or outside of the US?

I find it absurd that they aren't allowed and very backwards thinking for the officials to think this way!

The trend is to go to natural living and all....

Plus, if dogs, other birds, and all are allowed...!

Frustrating!,

I offer and will say some prayers.

God Bless and hoping prayers can help these county people allow them!

 

[CassieW]

I've lived in Richmond, VA & Western Henrico Area and know a little history and facts.......Henrico is a county the far east there are farms but the west end of Henrico Urban sprawl has exploded in fact Short Pump Mall was built recent knocking out an old farm..

There are pocket farms all throughout West End Henrico and are grandfather claused as well as in the fan district of Richmond where I grew up via Virginia state law ~ can succeed county zoning laws this is how! the livestock or farm operation must be historically present before development and on-going without interruption for 6 months out of the year.

If there is no real farming or livestock on said area for over 6 months then a petition for re-zoning is done removing urban farming or keeping animals deemed livestock.

Re-introduce farming have two options: petition the zoning board with plans to ensure no residential nuisance doctrine prior to re-introduce livestock or farming.

Second is wild life/park free roam of animals deemed livestock. Animals like Canadian Geese are wild and protected if domesticated ducks roam freely even origin domestic and a public municipal park shelters wildlife but can't disrupt wildlife to cull domestic without legal permit or recognized authority over wildlife.... Meaning most police/animal protection are not authorized to touch any wildlife unless rabid and public safety ......it becomes the Jurisdiction State & Federal Wildlife commissions or legal management authorities..........Hence Byrd Park in Richmond with ducks and the wild ponies off the eastern shore.....livestock left as free roam. Unfortunate, chickens don't fit the second area ---during the depression/victory garden era residents around Byrd park's shield lake kept ducks yet evaded demand removal under zoning via neighborhood politics.

I noticed you mentioned Farmington community of Henrico county so it's all neighborhood politics via the zoning.... Residential developments going up these days most have strict covenants to supposedly make for better neighborhood aesthetics therefore increasing property market values and hence assesses tax property values. These housing covenants are spilling over to older homes built in the area via re-zoning petitions on the premise of property values.

You have to look at your home when was it built can it be deemed historic as there is a little thing called heritage restoration but done or permitted if you plan to submit your home for public tours/community events that support (interests of historic preservation, public education or non-profits that support human or community welfare). It usually, means your residence must be built before world war II. I currently live in the Brookland area Henrico, there are pockets of houses among new sub-divisions that still have horses and use wells for a water source other then new building codes for use public annex municipal of Richmond.......

Why property transfer under 6 months or during vacancy livestock or original farm operation remained.....one sold recently and they made a petition to return to old permit livestock animal in authorized the condition of advertised sale feature property with horse barn.

Currently, there is a war over land development throughout Virginia farming falls under a business operation therefore pre-zoned for industrial economic or other form commercial development. Yet also a residential zone as many residents rushing the remove pre-zone business consideration allowance for industrial or commercial encroachment in a resident area. Once again this battle is neighborhood political based off nearby housing sub-divisions imposing the sub-divisions development plan and dictated under property value interests. Your real fight is "Attractive Nuisance Doctrine" find state laws that have out won local codes that have weight of law in Virginia or the county Henrico must define/conditions warrant word "Nuisance" and prove you've created a Nuisance!

Best bet re-petition the board draft written plan per-use and prove no nuisance - it must state personal development and enjoyment residence not influence economic/business rezoning upon a residential zone, must make public the guidelines or your preset intentions to remove all possibility there is no nuisance ( such as containment, removal waste or health issues, the coop construction blends with area structures, noise abatement or etc). In others words bring strong argument and proofs or condition also list any operational county codes permitted in zoned areas/ state codes as well as federal defining hobby from commercial interest or even elaborate/exotic pets some times rare breeds apply especially preservation distinct towards U.S. or place of origin some under federal agricultural/education/preservation laws......as there are loopholes legal ones. Your real fight is the resident to business boundary as even operating a business from home in Henrico county is getting harder---imposing new restrictions every year then commonsense zone guidelines.

Normal these issues don't make news till neighborhood politics or a traffic by-passer get involved so you have a neighbor that just hates your chickens 99% time is bird poop on the car or a speeder that cuts thru. There were chickens roaming the street currently live, didn't mind but real issue removed rouses with dogs, cats, annoying kids, and misplaced blame via blue jays and mocking birds. Only one over zealous commando vegan eating animals are cruel!

As far annoyance actual roaming the street per traffic in a residential area (yes the escape just as any pet) hint: proof neighborhood safety ---really didn't mind as kids play here they did a much better job then speed limit signs 25 mph as yes now gone daily folks cut through to access interstate drive past at 45 mph to 75 mph some times with kids on bikes or skate boards not caring potential rolling a child across their hood. There are occasions I deliberate had to drive around the block to play road hog slowing them down even just after dropping kids off from school......there are real aggressive acceleration after passing school bus or active school zone limit!! especially near interstate/highway areas. In past dead chickens on the road pending dragged breaking proved high velocity speeding and evidence police patrol instead it went the other way.

 

[Sunnysidedown]

Hi fellow chicken lovers.

My wife and I attended a recent urban chicken seminar at Maymont Park and would like to get a few hens (here in Henrico). The speaker told us that Henrico Co. was "working on changing the rules" but we were unable to find out anything new concerning the possible changes. The present 400' rule seems ridiculus and would appear to apply to big time poultry growers rather than a person with an acre just wanting to have 6 hens or less and no roosters.
Does anyone know if or when the possible changes have been made? We live in eastern Henrico where our area is still rated as an Agri zone (A-1).
Thanks for any info you could give us.

 

[CassieW]

A-1 is zoned for agriculture... the exception is do you live in a subdivision. Henrico county has a "Subdivision Ordinance" you can blame those homeowner covenant based residential developments. Under Subdivision Ordinance they can re-zone immediately the prime reason is if you operate a agricultural/ business or one. The Subdivision Ordinance livestock are removed under sanitation reasons or how many feet the sub-exist to human living spaces.

**Also agriculture land and/or business property tax assessment differs than zoned residential. The rate is lower agriculture taxes in general the state of Virginia. Business any alterations you make improving a business operation on the property is viewed as a business expense deduction not entirely a land market value improvement for taxation.

On property tax they assess tax value by land and buildings. If you built a garage that is taxable assessment but if you build a chicken coop for operations despite personal use it is revered as the necessity to raise chickens for profit can't be taxed at same property rate instead business property depreciates. Agriculture is defined as a business under state so also the tax revenue principal it falls under also under federal guidelines of dual or excessive taxation. --the issue is tax revenue income growth for the county. Yes, the state or federal laws may backdown as Henrico supports most their infrastructure on their own tax revenues not state or federal especially roads.

Also if you live East Henrico there was a development meeting to build a sub-division by a developer on April 8th 2014 rezoning these guys usually restrict or create a new zone for surrounding houses. The re-zoned land use to prevent over crowding limit 2 acres.

Here is the trick:
-The state there is a law recognizing livestock grandfather clause livestock in place under agriculture use zoning you must prove prior toward a state registry so many months before area is rezoned and it generates revenue. I believe it's 6 months.

-if you have more land than required by development for a subdivision the secondary rule that removes chickens & rezoning is no over-crowding each house requires at least 2 acres. If you own more than set sub-division filings your home including 1955 prior homes had 5 acres then file for a (PUP) provisional use permit and get you land request to be zoned acreage provisional zone residential.

These two above well there is a state legal code expressing one can't restrict economic opportunity use or investment of personal landholding. Still you need to find a attorney specializing in farming law and land use on the matter and work quickly before zoned out. I live in West Henrico near I-64 Broad St. corridor and yes some property here is grandfather clause and refiled per zone variance for livestock my neighbors have lovely horses. Other catch usually business permit too......our horse owner neighbors actually operate a home office - that is what made all a go proving income revenues in taxation was more substantial a biz license runs under $20 to file and the rest easy to set up.

If not the case: land and etc usually it will go the means of tax revenue generation....... what the ordinance codes and laws that help I can't say there is a law for that. Best of luck.

 

[CassieW]

You are right it boils down to tax income revenues:
1) Short Pump mall was farm land
2) Shops at Willow Lawn was farm land prior 1955

Development retail offers the county a cut into sales tax revenues and higher property tax assessments both value of land and buildings. It also increases other area land assessment tax valuations. Every municipal currently is tax income revenue hungry it also means more money at the disposal the counties/municipals to expand further and generate higher job pay. It is a slippery slope against priority of which economic development generates more income retail and corporate business (job income volume revenue, property tax revenue & sales revenue) or versus farming revenues.

Even if enabled acquire zoning farming comes under attack all those livestock shootings across the state if for a period you have no livestock you lose your provision land use or zone. Often it is deliberate in high unemployment areas as most see farming suppressing economic development and jobs. If you live such a focal segment area you must work harder in securing your livestock from sabotage and know your animal protection laws too....how file legally as well prove trespassing and or criminal conduct. A small farmer does come under attack especially during recessions when unemployment is high and area income drops. They don't care if those jobs are minimum wage from walmart or fast food chain.

 

[Sunnysidedown]

Wow thanks for the info, though I'm sure I'll have to read it over a few times to absorb it all. My house is an old farm house that is over 100 YO and is now part of a sub-D that was established back in the early 1970s. (Varina area of Henrico). My home was on 80 acres back then but since that time it has shrunk down to just over 1 acre. I hear roosters in the distance in 2 different directions where 2 properties are larger than mine and over 1-3 acres.
My basic question was if there has been any movement in changing the country rules since this thread was started back in 2012? Thanks for any updates!