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I was told I have 30 days get rid of my hens...Help!

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by circlefivehomestead, Nov 12, 2011.

  1. circlefivehomestead

    circlefivehomestead Out Of The Brooder

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    Nov 12, 2011
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    We have had our girls (4 buff orpingtons) for nine months, our neighbors are happy, our landlord is happy but now we got a notice from the county (Butte county) that we have 30 days to get rid of them. I am wondering if anyone has any advice on how to proceed. We are not in the city limits so we are unable to just apply for a permit. We had a neighbor down the street go through this a few years ago and some how she managed to get her hens back. She has moved and I cannot find a way to contact her to see what she did to get them back. any advice would be helpful. Thanks!
     
  2. OldGuy43

    OldGuy43 Chillin' With My Peeps

    Would be easier to help if we had a little more information on where you are. Butte county isn't real helpful.
     
  3. circlefivehomestead

    circlefivehomestead Out Of The Brooder

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    Nov 12, 2011
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    Butte County CA, in northern CA
     
  4. dainerra

    dainerra Chillin' With My Peeps

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    Last edited: Nov 12, 2011
  5. circlefivehomestead

    circlefivehomestead Out Of The Brooder

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    Nov 12, 2011
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    we just got it today and it says that we are in violation of county code. Not really sure what it is all about. I will be going around to neighbors this week to find out more info and calling the code enforcer to find out more info.
     
  6. willowbranchfarm

    willowbranchfarm Chicken Boots

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    My Coop
    We cant have them were we live but we are. I'm scared that will happen to us.
     
  7. Sonoran Silkies

    Sonoran Silkies Flock Mistress

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    It is likely ZONING code, not an ordinance. Of course you can apply for a permit or variance, but you apply to the county, not the city. You can look online and see if they have maps indicating the different zones and see which zone your home is located in, then check the permitted uses and see if poultry is allowed. You can also check the rules of construction. It is common for all uses that are not specifically listed to be disallowed, but it is possible that your county is an exception to this.
     
  8. MamaRoo

    MamaRoo Chillin' With My Peeps

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    A ferry ride away, WA
    You didn't really provide any location info, but here's the butte country code: http://library.municode.com/index.aspx?clientID=16065&stateID=5&statename=California&CustomBanner=16065.jpg&ImageClass=L&cl=16065

    and
    a paragraph:
    Accessory uses:

    (1)
    Those uses and structures normally associated with a single-family residential use and are in conjunction with or incidental to the residential use, including but not limited to, a garage, workshop, garden, private swimming pool, private tennis court, gazebo, spa, etc.

    (2)
    A guest house as defined by section 24-305.175.

    (3)
    Second dwelling unit subject to the requirements of section 24-280

    (4)
    Agricultural uses including:

    a.Keeping and raising small animals for domestic use, including dogs, cats and household pets, poultry and other birds, bees, fish, worms and frogs;

    b.The keeping of animals, subject to the animal maintenance requirements of sections 24-255 through 24-255.15, inclusive, of this Code;​
     
  9. OldGuy43

    OldGuy43 Chillin' With My Peeps

    I also found this:
    Use permits required for more intense or commercial uses. On all parcels of property within zoning districts that allow livestock and are less than five (5) acres, a conditional use permit shall be required for:

    (1)

    The keeping of such animals (horses, cattle, swine, sheep, and goats) at greater densities than allowed pursuant to subsections (1) and (2) above.

    (2)

    The keeping of such animals, poultry and rabbits, for the purpose of sale of said animals or their products on a continuing basis.

    You will note that the phrase "for the purpose of sale of said animals or their products" makes it specific. If you aren't selling on a continuing basis, and you are within zoning districts that allow livestock you're in the clear. If not, you still aren't done for.

    First, get the county to tell you exactly what ordinance or regulation you are in violation of. Insist on chapter and verse. Next get a judge to issue an injunction for a stay of execution while you file for a variance. This will give you some time.

    Get letters from your neighbors and landlord stating their lack of objections to your flock. Take those along with any witnesses that you can convince to appear on your behalf before the relevant governing body (zoning board or county commissioners).

    None of this should require a lawyer.​
     
  10. circlefivehomestead

    circlefivehomestead Out Of The Brooder

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    Nov 12, 2011
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    Thank you all for the help. I plan on getting my neighbors on my side and I alreayd have my landlord on my side. I hopefully with some work I can get it all worked out.
     

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