I guess this answers my question for Eastlake Ohio - Now what?

[jaj121159]

Quote:
What district do you live in? Be sure to check the zoning specifics for your zoning district.

We live in the R-60 District. There isn't any specific restrictions listed in the city ordinances for our district for "fowl".

I would check again with the zoning department. From the looks of the zoning map, R-60 is a high density single family residential district. Eastlake's zoning ordinance isn't on their website, but I would willing to say you can't have chickens in your zoning district if you can't have them in a larger minimum acreage district like S-5. Skip the city council president, they don't know crap about zoning, go straight to the zoning/building department.

 

[Mithryl]

1145.02   SCHEDULE OF PERMITTED BUILDINGS AND USES.

   (a)   S-5 District (Suburban "5" District).

      (1)   Permitted main buildings and uses.

         One-family dwellings.

         Agricultural uses, such as farming, truck gardening and nurseries.

            The raising of domestic animals, fowl and bees is not permitted on lots of less than ten acres.

         Parks and other public recreation uses.

         Institutions, churches, schools and publicly-owned buildings.

         Public utilities, water and gas mains and conduits, telephone,

            telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.

      (2)   Permitted accessory buildings and uses.

         Private garages, sheds, barns or stable for livestock, or other

            similar accessory farm buildings, providing the accessory buildings are constructed at the same time or after the main building.

         Uses customarily incident to any of the permitted main uses,

            including home occupations or professional offices.

         One roadside stand for the display and sale of only those

            agricultural products grown or raised on the same premises, provided that the location and design and provisions for off-road parking are approved by the Planning Commission, and that the roadside stand shall be removed during seasons when it is not in use.

      (3)   Conditional uses.

         Public service facilities such as power lines carrying more than

            5,000 volts, water and gas mains if not on public highways, and railroad tracks and yards, shall not be erected.

         Other uses, such as cemeteries, commercial greenhouses, private

            clubs, golf courses, homes for the aged, hospitals or sanitariums, except hospitals or sanitariums for contagious, mental, drug or liquor addict cases, may also be permitted if they are deemed essential or desirable to the public convenience or welfare, if they are deemed a part of the development of the Master Plan, and a conditional use permit is issued, and subject to the conditions as may be required to preserve the character of the community.

         Recreation facilities.

   (b)   S-1 District (Suburban "1" District).

      (1)   Permitted main buildings and uses.

         One-family dwellings.

         Agricultural uses, such as farming, truck gardening, nurseries.

         Public utilities, water and gas mains and conduits, telephone,

            telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.

      (2)   Permitted accessory buildings and uses.

         Private garages, sheds or all other similar accessory farm buildings

            which are constructed at the same time or after the main building.

         Uses customarily incident to any of the permitted main uses,

            including home occupations or professional offices.

         One roadside stand for the display and sale of only those

            agricultural products grown or raised on the same premises, provided that the location and design and provisions for off-road parking are approved by the Commission, and that the roadside stand shall be removed during seasons when it is not in use.

      (3)   Conditional uses.

         Public service facilities such as power lines carrying more than

            5,000 volts, water and gas mains if not on public highways, and railroad tracks and yards, shall not be erected.

         Other uses, such as cemeteries, commercial greenhouses, private

            clubs, golf courses, homes for the aged, hospitals or sanitariums, except hospitals or sanitariums for contagious, mental, drug or liquor addict cases, may also be permitted if they are deemed essential or desirable to the public convenience or welfare, if they are deemed a part of the development of the Master Plan, and a conditional use permit is issued, and subject to the conditions as may be required to preserve the character of the community.  These uses are not permitted on lots of less than five acres.

         Institutions, churches, schools and publicly-owned buildings

            are not permitted on lots of less than two acres.

         Recreational facilities.

   (c)   R-75 District (One-Family "75" District).

      (1)   Permitted main buildings and uses.

         One-family dwellings.

         Agricultural uses, limited to truck gardening and nurseries.

         The sale of agricultural products is not permitted on lots of

            less than one acre.

         Parks and other public recreation uses.

         Public utilities, water and gas mains and conduits, telephone,

            telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.

      (2)   Permitted accessory buildings and uses.

         Private garages, sheds or all other similar accessory farm buildings

            which are constructed at the same time or after the main building.

         Accessory buildings for livestock and poultry are not permitted.

         One roadside stand is permitted but not on lots of less than

            one acre.

      (3)   Conditional uses.

         Public service facilities such as power lines carrying more than

            5,000 volts, water and gas mains if not on public highways, and railroad tracks and yards, shall not be erected or altered.

         Institutions, churches, schools and publicly-owned buildings are

            not permitted on lots of less than two acres.

         Recreational facilities.

         Home professional services and home occupations.

   (d)   R-60 District (One-Family "60" District).

      (1)   Permitted main buildings and uses.

         One-family dwellings.

         Parks and other public recreation uses.

         Public utilities, water and gas mains and conduits, telephone,

            telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.

      (2)   Permitted accessory buildings and uses.

         Private garages, provided that the structure is constructed

            at the same time or after the main building.

      (3)   Conditional uses.

         Public service facilities such as power lines carrying more than

            5,000 volts, water and gas mains if not on public highways, and railroad tracks and yards, shall not be erected or altered.

         Institutions, churches, schools and publicly-owned buildings

            are not permitted on lots of less than two acres.

         Recreational facilities.

         Home professional services and home occupations.

   (e)   R-MF District (Multi-Family District) Condominium District.

      (1)   Permitted main buildings and uses.

         One-family dwellings.

         Two-family dwellings.

         Group or row houses, garden apartments (large scale developments) and condominiums.

            Such development shall be located on major thoroughfares; the design of the area shall be such that all ingress and egress shall be from a major thoroughfare; ten percent of the gross area of the development shall be devoted to a play area; and a buffer between the play area and any adjacent single-family residence shall be established and landscaped with suitable evergreen plantings.

         Parks and other public recreation uses.

         Public utilities, water and gas mains and conduits, telephone,

            telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.

      (2)   Condominium District.  Except in the Condominium District, twenty percent (20%) should be set aside for the green area.

      (3)   Permitted accessory buildings and uses.

         Private garages and storage buildings for garden equipment, etc.,

            and such accessory buildings shall be constructed at the same time or after the main building.

      (4)   Conditional uses.

         Public service facilities such as power lines carrying more than

            5,000 volts, water and gas mains if not on public highways, and railroad tracks and yards shall not be erected.

         Institutions, churches, schools and publicly-owned buildings

            are not permitted on lots of less than two acres.

         Tourist homes.

         Recreational facilities.

   (f)   R-MF-HR District (Multi-Family High-Rise District).

      (1)   Permitted main buildings and uses.

         Multi-family dwellings in structures over thirty-five feet in

            height which have elevator service.

         Public utilities, water and gas mains and conduits, telephone,

            telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.

         Parks and other public recreation uses.

      (2)   Permitted accessory buildings and uses.

         Private garages and storage buildings for garden equipment, etc.,

            and such accessory buildings shall be constructed at the same time or after the main building.

      (3)   Conditional uses.

         Public service facilities such as power lines carrying more than

            5,000 volts, water and gas mains if not on public highways and railroad tracks and yards, shall not be erected.

         Institutions, churches, schools and publicly-owned buildings are

            not permitted on lots of less than two acres.

         Recreational facilities.

         (Ord. 1995-102.  Passed 5-9-95.)


I know this is old but I am having the same issue, it list fowl as a restriction but under district R-60 there are no agricultural restrictions of any kind. Unfortunately when i speak to the city about it they cant seem to grasp that according to their own ordinances chickens are only prohibited in one district. The mayor is friendly and open minded but the building deptartment is rude. Here id the entire ordinance

 

[Egghead_Jr]

If it's not specifically listed then you'd go by the county ordinance. If fowl is not restricted/listed there then go by Ohio State. Which earlier in this thread said livestock required 5 acres. But it's been a long time since that was written here so would check current ordinance of County then State.

 

[Mithryl]

I started another thread on here looking for other local people to find out more about their ordinances and/or fights to change them. When I contacted the mayor about it he said they weren't allowed and quoted the the original S-5 district ordinance but seemed open to changing it the way another local city did a few years back. But when I called the building/zoning dept the same day I email the mayor, and asked about the ordinance stating that, under their wording it was banned in S-5 but that I was in R-60 and it didn't say one thing about owning fowl in this district and I wanted to know if that was correct, I got a rude voice mail the next day along the lines of "I already talked to you about this last week and told you you cant have chickens, the code says no chickens in S-5 on under 10 acres!" I was pretty offended because until that day I hadn't talked to anyone in the city about it so I don't know who in the heck he thought I was! He also completely glossed over the entire reason for my call, I am half tempted to just put a coop on the property behind mine because it is 40 acres and I know the people who own it

 

[Egghead_Jr]

Ohio non conforming land use section 303.19 that covers poultry husbandry on lots between 1 and 5 acres. This states simply that if you've been doing it and the township enacts a restriction after the fact then your grandfathered until voluntary discontinuing for 2 years. At that time the land may never be used for animal husbandry again.

 

[Mithryl]

To anyone still following this. I have recently been speaking to a councilman about this, he called me today after he met with the new mayor and the legal director. According to him, they all agreed with my original interpretation that the agricultural ordinance only applied to district S-5, not any of the others (which is weird because thats a less suburban district). So, the "pleasant" building dept and former mayor were basically just selling me a load of bull. He also said that they consider them domesticated and therefore dont regulate them unless they become a nuisance. He didn't give me any limitations except to suggest I try to follow the limitations with Euclids Hen Program (which I sent him as a reference). Alls that basically says is keep so far off property lines, keep the conditions clean and you can only have 1 bird per 800 square feet.

 

[Wickliffe wannaB]

Just emailed City Council President for clarification. I've read the ordinance over and over again. The way this is written for our city, it DOES seem you can't have any pets, dogs & cats included. Surrounding cities (Willowick, Willoughby, and Wickliffe) do not have anything on the books prohibiting chickens, only that they do not create a nuisance....