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

[Sonoran Silkies]

Code enforcement personnel do NOT make laws, ordinances or regulations. They enforce what is set by elected officals, or appointed official within a framework defined by elected officials. Occasionally, the citizens themselves create an ordinance by vote. If the zoning and ordinances allow something, IT IS ALLOWED. However, the rules of construction OFTEN state that to be allowed, a use must specificallly be mentioned. This does not mean that inspectors create rules.

 

[jaj121159]

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You are right the enforcement officer doesn't make the rules, but they interpret them and enforce them. This is much like a police officer enforcing speed limits and such. Most zoning enforcement is complaint motivated which gives the enforcement officer more incentive. In many states there is a formal process to appeal a decision by a zoning enforcement officer. Most of the time this appeal is made through the Zoning Board of Appeals or Board of Adjustment. An informal means of appeal is through the prosecuting attorney, because if they don't prosecute then there is no crime.

So in this case if the zoning enforcement officer says crowing fowl includes hens, it does until she is overruled through an appeal.

 

[watersoflethe]

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how do i do this? what is this act?

 

[watersoflethe]

i got an official notice today... 30 days

the control officer came to my house couple days ago to take pictures. she said she wanted to ask her boss.
i didn't let her in because i didn't see a need to do that.
she came back today and said that it didn't work out. and gave me an official notice. however the suppposedly asking her boss seemed more like a email that said is this okay? and the boss just stated back the same ordinance.
she tells me to try calling the planning board.
Supposedly although i'm still the city of corona it doesn't count since i'm unincorporated and turning into a new city called eastvale and so im' under riverside law for now. (and i actually read through corona's laws before getting my babies too)

so now i'm told my lot is big enough for 4 hens only if i can do the 20 feet from the property line and 50 feet from residence. the thing of it is that the 50 feet from a residence would've been possible but my neighborhood is developing and after i moved in they built a new residence behind my house. they built the house so darn close to the property line that house barely has a back yard and therefore ended up too close to my house to do the 50 feet. stupid thing.

anyways. please help with more suggestions. and how can i use the americans with disabilities act for keeping my chickens? i dont really understand.
and thank you for all the help so far.
i feel like crying right now.

 

[jaj121159]

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If you had your birds prior to the neighbor building their house, you could claim, the neighbor moved to the "nuisance" and therefore you shouldn't be held responsible. Also if you are burdened with extra "chicken" setbacks, shouldn't they be reciprocal and apply to a neighbor building close to chickens?

 

[watersoflethe]

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If you had your birds prior to the neighbor building their house, you could claim, the neighbor moved to the "nuisance" and therefore you shouldn't be held responsible. Also if you are burdened with extra "chicken" setbacks, shouldn't they be reciprocal and apply to a neighbor building close to chickens?

i spent time on google maps looking at a satellite view i can't tell where the house is since its not updated and doesn't show on google maps yet. but i was fooling around with a ruler and turns out i might just be able to make that 50 feet thing. if i'm lucky... i'm assuming around where the house is.
now that allows me 4 hens. i have 18 hens

sigh...i can't do anything about this right?

 

[watersoflethe]

i called to see if i could apply for a variance for the number of chickens and the woman mocked me saying they are just chickens and variances cost 8,000 dollars..
did everyone have to pay this much?

 

[jaj121159]

Zoning fees in California are supposed to be tied to actual costs to the local government. To spend $8,000 on publicizing a variance along with doing the staff reports seems absurd to me. Here's a tip from a zoning professional, get past the counter. Talk to one of the enforcement people directly or the person in charge. Get on their good side and they should be helpful.

 

[onthespot]

In Norco, I had to pay $65 to get a variance to keep an additional horse unit on a property where I was only zoned for one. If I wanted to keep another horse, the variance would be $1200, and I am not sure if that is annually or not. Let me know if you need to stash your birds for a while. Mine are stashed in Moreno Valley right now, but they are in very safe housing, in an aviary. This friend of mine has eight aviary structures with 8x8 pens of half inch chicken wire. There are 24 pens per shed, and most of the sheds are empty right now.

Call the City of Corona Planning Dept and ask them how you go about applying for a variance for your chickens. Application fees are non-refundable. Just applying cost money, and they may say yes, or no. Your money is gone regardless. Hope this helps. Good luck, and feel free to PM me.

 

[Sonoran Silkies]

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That's ridiculous. Reind this person that as a city employee she is a public servant, which means she works for YOU. Then ask to speak to her boss (or even the head of the Department).