I'm not zoned for chickens! help UPDATE VARIANCE COST?! MORE CHARGES!!

[watersoflethe]

hello everyone. i just got a notice today saying that there was a complaint and i'm not zoned for chickens at all.
before i got these babies i read through all the sections on animals in our municipal code in riverside county. i also made sure with my city as well. turns out the animals section did not matter is what my officer is telling me. i was supposed to check under my zone. and my city laws dont matter either since my city is still being developed and i'm not going to be in corona any longer.(something about unincorporated city?) she says i was supposed to read under the planning laws not the county or city laws.

(5) The keeping or raising of not more than four (4) mature female crowing fowl (chickens only) on lots or parcels between 7,200 square feet and 39,999 square feet or not more than 12 mature female crowing fowl (chickens only) on lots of 40,000 square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use.

this is the law she was referring to..
my lot is bigger than 7.200 square feet..but i dont think i can do the 50 feet from any residence thing... and she's saying the crowing fowl includes hens as well..

what do i do... am i screwed? i love my babies they are more like pets to me. please help.

 

[ADozenGirlz]

You could apply for a variance to the Zoning board.

 

[HHandbasket]

You should request a variance based on the Americans with Disabilities Act for reasonable accommodations.

 

[Sonoran Silkies]

Please post a link to the code or quote it in its entirety. Also, you need to check where your parcel is located--under what jursdiction. IFF it is going to be changing, it has not yet changed! If a city ordinance is passed that says that xxx number of chickens (including whatever stipulations may be specified) are allowed, that takes precedence to previously passed zoning uses that do not mention chickens being allowed. Now if the new code says "single family residential," and you are in multi-family residential, that would not apply, but if you are in one type of single family resodential it would.

 

[watersoflethe]

i'm considered city of corona..
but i'm supposedly under county of riverside..
r-1 zone

http://www.tlma.co.riverside.ca.us/planning/content/zoning/ordnance/ord348a.html#article_vi

 

[huntercf]

check out CA right to farm law. Also, riverside county has similar right to farm statutes, check them out as well.

 

[halo]

You say you dont think you can do 50 feet....make sure first that you can't.

 

[watersoflethe]

okay some update.
i tried the 50 feet...didn't work..
and i read through california's right to farm act but it says it has to have been going for 3 years and i haven't had my babies for that long..
i didnt know riverside had one.
i will be looking through that as well. thank you.

 

[Danaus29]

Get ducks then.

But seriously, as I am finding out it really doesn't matter what the law or statutes say. The code enforcement officer is the one who decides what is and isn't legal.

I would see if a not too close neighbor or a nearby friend could enquire about the chicken situation. Say they have been wanting chickens and wonder if it's legal. Get the opinion of code enforcement in writing. That is the only thing that can save your hide if you decide to fight city hall. (fighting is real expensive and terribly time consuming though)

 

[Qi Chicken]

The "crowing fowl" thing sounds fishy to me. Many cities don't allow roosters because of the crow but do allow hens. All you have is her word that a hen is considered to be a crowing fowl under the statute. I would check on this with another agency right away. Good luck.