How do you interpret this ordinance?

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by FreckleFace, Aug 18, 2011.

  1. FreckleFace

    FreckleFace Out Of The Brooder

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    Jul 26, 2011
    Below are the relevant ordinances for our zoning district below. Do you see anything here that says there is a max of 10 animals?

    In our district, the following is a "conditional use"
    Animal husbandry, milk processing, livestock production including breeding of dairy and beef cattle, sheep, swine, horses, ponies, mules, goats, poultry, game birds, fowl, fur animals, and associated farm animals provided that conditions for indoor confinement and housing be exercised and performed within the following requirements which shall not pertain to domestic pets like cats and dogs in compliance with the requirements of Section 801.4.C of this Ordinance.


    And here is section 801.4.C referred to above:
    Permitted use:
    Animal husbandry, milk processing, livestock production including breeding of dairy and beef cattle, sheep, swine, horses, ponies, mules, goats, poultry, other birds, fowl, fur animals, associated farm animals including domestic cats and dogs, if the number exceeds l0.

    Buildings housing animals and storage areas for animal waste shall have a minimum setback distance from any property line in accordance with the following schedules:

    (1) Permitted Use:

    Type of Farm Animal Minimum Setback Distance

    a. Swine (hogs & pigs) 100'

    b. Cattle (cows, steer,
    heifers, calves and bulls) 100'
    Type of Farm Animal Minimum Setback Distance

    c. Sheep & Goats 100'

    d. Horses (ponies, mules
    and donkeys) 100'

    e. Fowl (chickens, turkeys,
    ducks and other birds) 100'



    We have complied with these setback distances. We took them into consideration when planning and building our pens.
     
    Last edited: Mar 26, 2012
  2. Roccomanchickens

    Roccomanchickens Chillin' With My Peeps

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    Carroll, IA
    To me it's saying that you have to have MORE than 10 farm animals in order to comply with the farming use ordinance? Very strange wording; but no, I don't see anywhere that it says you can ONLY have 10 of any animal.
     
  3. FreckleFace

    FreckleFace Out Of The Brooder

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    Jul 26, 2011
    I agree - the wording is awkward! According to the officer, we aren't allowed to have more than 10 animals total, between the dogs, cats, chickens, etc. Ugh.
     
  4. jenni22776rn

    jenni22776rn Chillin' With My Peeps

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    Mar 6, 2011
    Central Maine
    Animal husbandry, milk processing, livestock production including breeding of dairy and beef cattle, sheep, swine, horses, ponies, mules, goats, poultry, other birds, fowl, fur animals, associated farm animals including domestic cats and dogs, IF THE NUMBER EXCEEDS 10

    I look at that and understand it as.."if the number of farm animals exceeds 10 then the setback distances are to be taken"..there is nothing in the wording that states..nothing exceding 10 animals..That is how I would take the wording....I have never dealt with ordinaces so I am not really sure how they read it..but as a animal owner..I would read that as no limit just certain rules once the number goes over 10...good luck to you and I hope you do not have to get rid of any of your pets...based on wording I would say that you have a pretty good case in your favor if they ever tried!​
     
  5. jenni22776rn

    jenni22776rn Chillin' With My Peeps

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    Mar 6, 2011
    Central Maine
    Quote:That must be a scary thought for you and your family..but I did not think they can count livestock as pets and place them in the same category(although like many I do consider mine as pets!)
     
  6. FreckleFace

    FreckleFace Out Of The Brooder

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    Jul 26, 2011
    Quote:
    Thanks for the well wishes, Jenni! This wording is just strange. It can be interpreted so many ways.

    The way I read it is if you have more than 10 cats and dogs, they are considered to be an agricultural use of the property (i.e. animal husbandry rules would apply if you have 10+ cats and dogs, which we don't).
     

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