I do not understand people! and how they can lie.

[Holly O]

Quote:
That's my point with this whole thing.
They are not following anything. Just acting all helter skelter.

I want this CLARIFIED and followed with set rules.
It's why I'm using a lawyer.

 

[Sactown Chickens]

What is considered an accessory use? I would argue that your chickens/coop could be accessory to the single family residence.

A fairly standard definition of accessory use is something along the lines of a detached subordinate building or use located on the same premises as the main building the use of which is customarily incidential to that of the main building or use of the land.

To me something like this fits your chickens. They are a use which is subordinate to the residential use and provide something used in the home i.e. eggs.

Can you see if the Township spells out a definition of accessory? I think that would be very helpful to your case.

 

[Holly O]

Here is a useful web site
It's a list of places that allow or disallow Chickens.

http://home.centurytel.net/thecitychicken/chickenlaws.html

Sactown Chickens: Thank you ... I had that thought somewhat in my head ... and it I forgot about it ... This is why I have This whole thing posted ....lol

 

[Sonoran Silkies]

I would think they have might have something that lists "accessory uses." Do pets qualify? How about a swingset for your kids? And what about a greenhouse or a commercial vegetable garden? How about a woodworking repair shop (business or hobby) or a guinea pig rescue? Is a HAM radio antenna an accessory use? What about ...?

You also need to know if there is a general construction clause that says something to the affect of "if it's not specifically permitted, it is disallowed." This is common, but not universal. This would probably be somewhere near the beginning of the zoning rules.

Back to pets--is there any place in the zoning ordinance that defines the term and/or limits numbers allowed?

 

[flakey chick]

This is why you need to be a busy body and and document other similar pet accomodations. It seems as if they are trying to claim you are a hatchery because you have chickens. Do they consider people with dog houses and fenced yards kennels?

 

[Holly O]

Well we just got back and have the permit needed for the Building. So we are in the clear with that.

The Township Monthly meeting is postponed to Thursday night. and I''l be attending.

My lawyer is on the case, waiting to hear from him.

I just need the issue of having chickens cleared up.

Apparently we have a goat and rabbits that live in town.

Doing what I can. I talked to 2 of the council members today. They see no reason why I can not have chickens. So the ordinance is not clear on it.

And it is the police officer that has made the judgment call on it.

So it looks like it is he who I need to get the clarification from??????

 

[BigPeep]

You might want to send them an email or letter asking them to point out to you what portion of the zoning ordinance they are claiming prohibits you from having chickens so you will have it in writing in advance of the meeting. Just because the ag zoning is listed as to what it allows, doesn't mean that it is prohibited elsewhere. I think they just didn't go through the steps when they wrote the ordinance.

I hope your lawyer is helpful. The idea behind the pre paid legal services is like an insurance policy. If you are the insurance company you hope nobody makes a claim. Having worked with one of these before, you view everybody who comes in as someone who will drain away your profit. You want cookie cutter cases like bankruptcies where you know how long it is going to take in advance. Then you hire kids fresh out of law school and dump an enormous case load on them. Something like this is a wild card.

 

[Sactown Chickens]

Zoning is not the Police Department's area of expertise so it is quite possible that the cop that cited you is misinformed as to the interpretation of zoning rules in the Township. Can you get a member of the Planning/Zoning staff to confirm in writing that chickens are allowed? Zoning IS their area of expertise and if it comes down to it their opinion should really trump the cop's on this issue, as they are the ones who write the zoning code in the first place. Since you said early in the thread that you had contacted someone and was told the zoning was okay, I suspect the cop is either misinformed or trying to bluff you into compliance with "his" rules.

 

[Holly O]

The officer told me the council officials met and discussed this with the township lawyer.
Yet once I have talked to a couple of the officials, they are stating the officer alone talked to the lawyer and they determined it read, Chickens are not allowed.
Now being we only have 2 police officers and him being the chief, He feels it's his duty to enforce this decision.

This is where I'm confused.
What is my next step?
How do I argue this and get the ruling changed?
Since it is apparently coming down to opinions.

The building code and Permit is taken care of.
I have no worries on that issue.

The officer stated "If I never received the 2 complaints I would not be at your door."

I'm in such a gray area here.

Any suggestions on my next step?????

 

[flopshot]

complaints don't mean jack if what you are doing is not prohibited.
let the lawyer handle it.