How enforceable are subdivision restrictions? (small update 2/28)

[chad76]

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Actually, I think I've already narrowed that down to Red Stars. I want something that's quiet, okay around kids, and is a good egg producer. From what I read, Stars should meet those requirements. If anyone has any other suggestions, I'll all ears! Or maybe I shouldn't open that door since I'm very indecisive!

 

[chad76]

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I don't know if I'm more excited about the chickens or designing/building the coop.

 

[chad76]

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LOL Thank you!

I read in the restrictions that all buildings have to be 7 feet from the property line. The guy I'm the most worried about giving me trouble has a shed with the roof right on the property line between us. Hopefully that will be enough to make him think twice about stirring anything up!

 

[MrsChickens]

Just an FYI...when I moved into my home there were no restrictions for poultry and in fact our town bylaws have a right to agricultural pursuit. But two years later they removed all references of poultry/farm etc form our bylaws and then put them under zoning jurisdiction. You can guess what, the zoning regulations changed requiring 20000sqft (that's 0.45913682277319) minimum lots for keeping poultry. Clearly the Einstein drafting the new zoning law did not understand land measures. None of us were grandfathered. I then mkoved my hens - first 3 then later 6 into my garage in a 14x8 pen with sleeping house. Did that for over four years with no issues and now I'm moving out of state only to find the ag area I'm moving to in Tennessee have all kinds of subdivision restrictions. I think it was originally to keep mobile homes, outhouses and poultry/pig/cattle operations out of the area. So I tried looking for a subdivision that would allow poultry with no success. So then I started looking for property that has features of trees and natural barriers that could hide the coop/pen. Found a nice property that I'm currently offering on that yup has a subdivision restriction to poultry BUT the land is 1.13 acres with trees (overhead canopy) and the lot actually has a natural separation between the back yard near the house and the rear of the property which is where I would put my coop/pen and gardens. The subdivision covenant was signed 1974 by the developer who subdivided. The house I'm buying has had FOUR owners and although the restrictions technically follow with the land, I frankly don't give a damn. There are no fines in the subdivision agreement only a phrase that any subdivision owner may prosecute a violation. there are also requirements that foundations must be faced with bricks/stone/stucco, there can be no imitation siding (guess vinyl and hardy board is out) all driveways must be covered with bituminous or concrete, and NO temp buildings (does that mean resin sheds, Shelter Logic car ports, greenhouses with no foundations, etc. and certainly no boats on trailers stored over winter). I frankly think it would be very difficult for someone to actually bring a lawsuit and prevail with an antiquated list of restrictions. BTW my home 1130 sq ft does not qualify for the 1800 sq ft heated floor space minimum and although the side drive is paved, the half circle turn around in the front yard isn't. So does that mean my house should be razed? My defense would be enforcement of ALL restrictions including temporary shelters/building, and imitation siding before looking to me. Just my two cents here.

 

[aart]

@MrsChickens just FYI this is very old thread.

 

[MrsChickens]

I knew that when I replied the post was two years old...not very "really old". People do research these forum posts for info. My reply still applies today. But thanks for pointing out the obvious. Not sure what your purpose was actually.

 

[aart]

I knew that when I replied the post was two years old...not very "really old". People do research these forum posts for info. My reply still applies today. But thanks for pointing out the obvious. Not sure what your purpose was actually.

Yes, could be good for folks searching the topic...
......but thread is 10 years old.
Purpose was in case you(or others reading) weren't aware, just trying to help.