Idaho Falls, ID Area

[Kel5]

Hello. I just purchased a home in Idaho Falls, ID.... well, I thought so. It turns out my home is technically in the county, but not the city, which I didn't know until I moved in and set up utilities.
Keeping a small backyard flock was at the top of my list of home requirements and the city codes of Idaho Falls allows for it. In fact, all the surrounding cities allow hens in residential areas. Well, come to find out, the county does not. I am beside myself! My neighbor was just turned in for her animals, however others in the same community have flocks. To my knowledge, this is the first complaint. I have no idea what to do. I'm writing to see if there are others in this situation. How do you get the county to come into line with the neighboring cities? I'm so confused as I thought if the city allows something, of course the county does.

 

[U_Stormcrow]

Depends on your Property Zoning. I'm assuming you aren't zoned A, RA-1, or RA-2, or RA-3?

 

[Kel5]

No, R-1. I'm reading through their antiquated (1968) document to see what amendments have been made. The city allows them. Makes no sense the county laws would be different. The city adopted the amendment in 2010.
I looked through the city ordinances & the docs for the community before deciding to buy the house. All were OK with chickens, rabbits, geese, ducks, and turkeys. We had zero indication it wasn't located in the city limits. However, I have never heard of a city allowing something the county does not.

 

[rosemarythyme]

Wow that's a first for me too. If it's not allowed in the county I'm not sure how it's allowed in a city within the county.

 

[U_Stormcrow]

I linked the county zoning, from the county website. It appears to allow rather large flocks for zones A and RA-X. R-1 is residential, 1/6th acre lots. Those are, with respect, rather small for livestock. But in any event, a few minutes perusal finds the answer. "9. Customary household pets, such as dogs, cats, and canaries, but not including the breeding of any animals for sale. " Chickens aren't permitted.

Who was your real estate broker, and did you let them know your requirements?
Section 1-506 begins discussion of zoning variances (page 48). Good luck.

 

[U_Stormcrow]

Wow that's a first for me too. If it's not allowed in the county I'm not sure how it's allowed in a city within the county.

It *IS* allowed in the County. Its not allowed everywhere in the County.

Relatively recently, the City changed their "not allowed" to "allowed in places". But the City can't change County Statues - they remained as they were. OP bought property without due diligence. Blame the Real Estate agent.

Cities and Counties have different zoning all the time - they are quasi Independent Gov't entities. In many places, City zoning is more restrictive than County, but that's just the usual case, its not a requirement. State Law and "Home Rule" largely determine how much the County can impose zoning upon a City w/i its borders.

 

[Kel5]

It *IS* allowed in the County. Its not allowed everywhere in the County.

Relatively recently, the City changed their "not allowed" to "allowed in places". But the City can't change County Statues - they remained as they were. OP bought property without due diligence. Blame the Real Estate agent.

Cities and Counties have different zoning all the time - they are quasi Independent Gov't entities. In many places, City zoning is more restrictive than County, but that's just the usual case, its not a requirement. State Law and "Home Rule" largely determine how much the County can impose zoning upon a City w/i its borders.

I gave the agent my 1 and only requirement: that I have chickens. My address is "Idaho Falls" and I checked their city ordinances as well as the community docs. I also took a Google walk around the neighborhood, as I was buying from out of state, and there were 3 coops just on my block, along with others in the neighborhood. I did my due diligence. The one who failed was the agent, on the basis she did not inform me the home is barely outside the city limits and subject to county ordinances. Of course, when I look at information that says the home is in Idaho Falls, Bonneville County, I would not know that it is outside of the city limits. The city, as well as ALL other cities within the county, allow for chickens in residential areas, with no bias toward zoning specifics. My guess is that no one has petitioned the county to change the books accordingly. Instead, the chicken underground has been alive and well without resistance until a particular neighbor decided to have a farm in their backyard and pissed off another neighbor. Our lots are over 15,000 sq ft and suitable for a backyard flock. The neighbor in question was pushing the limits pretty far. My purpose in posting here was to see if there were others in my same situation who are interested in a petition to change this with the county. I have goats a block over and horses on pasture within 2 blocks. And surrounded by city dwelling folks who are allowed chickens. It really makes no sense for our neighborhood to be singled out.

 

[U_Stormcrow]

I gave the agent my 1 and only requirement: that I have chickens. My address is "Idaho Falls" and I checked their city ordinances as well as the community docs. I also took a Google walk around the neighborhood, as I was buying from out of state, and there were 3 coops just on my block, along with others in the neighborhood. I did my due diligence. The one who failed was the agent, on the basis she did not inform me the home is barely outside the city limits and subject to county ordinances. Of course, when I look at information that says the home is in Idaho Falls, Bonneville County, I would not know that it is outside of the city limits. The city, as well as ALL other cities within the county, allow for chickens in residential areas, with no bias toward zoning specifics. My guess is that no one has petitioned the county to change the books accordingly. Instead, the chicken underground has been alive and well without resistance until a particular neighbor decided to have a farm in their backyard and pissed off another neighbor. Our lots are over 15,000 sq ft and suitable for a backyard flock. The neighbor in question was pushing the limits pretty far. My purpose in posting here was to see if there were others in my same situation who are interested in a petition to change this with the county. I have goats a block over and horses on pasture within 2 blocks. And surrounded by city dwelling folks who are allowed chickens. It really makes no sense for our neighborhood to be singled out.

Well, your initial remedy is against the sales agent.

The rest, you would be better off posting on your State thread, to see if there are others nearby interested in helping you organize. It sounds like your community is ripe for it, they just need a leader.

and if that doesn't work, run for office. Local elections are often poorly participated in - your chances aren't as bad as many assume.

In the future, check the property ID against the tax rolls.

 

[Kel5]

I linked the county zoning, from the county website. It appears to allow rather large flocks for zones A and RA-X. R-1 is residential, 1/6th acre lots. Those are, with respect, rather small for livestock. But in any event, a few minutes perusal finds the answer. "9. Customary household pets, such as dogs, cats, and canaries, but not including the breeding of any animals for sale. " Chickens aren't permitted.

Who was your real estate broker, and did you let them know your requirements?
Section 1-506 begins discussion of zoning variances (page 48). Good luck.

I have read through everything. If I had been told we were in the county and not the city, I would have read these docs and passed on the house. We are a bigger lot than you are assuming, with no problem having a flock of 6 chickens. The city allows for up to 10 on our size lot, along with up to 10 rabbits, if we would like. Please read my reply below. The issue here is the antiquated (1968) ideals for the zones that have not been followed through on since. This is a very rural area with goats, horses, cows, etc. I'm guessing this area was regarded quite differently in the 60's. Like I said below, my guess is no one has ever revisited this issue, instead, doing what they want with no complaints. Our neighborhood wasn't started until 2007. My home wasn't built until 2018. Times change, but for whatever reason, the county ordinances for this particular issue have not. As I said, there are 3 coops on my block, with many others throughout the community. I know there has to be more people within the county also. I was hoping some might be on this forum.

 

[Kel5]

Well, your initial remedy is against the sales agent.

The rest, you would be better off posting on your State thread, to see if there are others nearby interested in helping you organize. It sounds like your community is ripe for it, they just need a leader.

and if that doesn't work, run for office. Local elections are often poorly participated in - your chances aren't as bad as many assume.

In the future, check the property ID against the tax rolls.

There are state pages? I guess I don't know how to navigate this site yet. This is the local chicken laws & ordinances section. I thought I was in the right place.
I'm not sure what you mean by tax rolls. I don't know how to do that. I'm not even sure what real estate agents get paid for anymore. This woman got paid for doing practically nothing.