Interested in taking the chicken plunge, but still researching

[BigPeep]

Jack:

It's good that you are looking into this before you get the chickens. This forum topic is filled with the stories of people who didn't do that and now have problems.

Apart from the city ordinances, there is a unexploded land mine here in that you mentioned that your subdivision is not built out. You need to look at your closing documents. There may already be something specified once the HOA is set up.

It looks like your local ordinance is designed to prohibit chickens. You might want to look at the video "Mad City Chickens" or go on their website www.madcitychickens.com to see how they got their ordincance changed in Madison.

Delano is a metro fringe area that is in the process of suburbanization so the rural nature of the area will be threatened
(by people like you moving into newly built subdivisions, actually

). The situation might, however, be somewhat fluid for a while so you may have an opportunity to influence future policy.

I am an attorney and former township and county planning commissioner in Illinois, and recent chicken owner. I also live in a similar area to yours and am surrounded now by development. I got the jump on it, however, by establishing myself as a "garden center" and selling plants and produce grown on premises, which brings me under the protection of the state "Right To Farm" law. I also did not annex into the city limits so I retained the original county ag zoning on my five acres. Now that I am getting animals, there is nothing the neighbors or the city can do about it. If the city tries to annex me, I am grandfathered in. The roosters sound lovely in the morning.

 

[JackStevens]

Hi BigPeep. Your other post was actually what inspired me to make an account and start asking the people here who have experience with this sort of thing. I'm still working on figuring out if going for a variance is best or whether i should lobby for the ordinance itself to change. Like you mentioned, now definitely seems like a good time to get the ball rolling since the division is maybe half built.

Unfortunately, we are definitely still in the city limits. On my way home yesterday and after a little searching, an 8 foot statue of a chicken is at the local gas station, and is nationally known by truckers for it. I'm thinking this would fit in with preserving the character of the area maybe. Also, the part of the city we are in sticks out like an extra appendage in between lots of farms.

 

[BigPeep]

You have to post a picture of the statue.

 

[JackStevens]

Apparently this was stolen a few months before we moved in, and took them three weeks to find it on the side of the road a few towns down. How passerby / employees didn't notice I don't know.

Edit #2 :

I looked through all my closing papers; I had nothing but loan and mortgage information. My guess would be that the HOA exists on paper but lacks substance?

Edit #3 Spouse just informed me that the zoning lady never actually said we have a HOA

Edit #4 (!!!) : In your opinion BigPeep, since you seem to have been around the block a few times with this, do you think it would be easier for me to go for a variance, or an outright change to the ordinance?

 

[BigPeep]

They tend not to be big on variances since then if you have one, what about the next person? What is the standard? I would shoot for the zoning change and then maybe they will suggest a variance as a option. There are also "conditional uses" in some areas where they can tack various conditions on and have a sunset date after which it has to be renewed so it doesn't run with the property if you sell.

The picture is fabulous. So is the chicken the town symbol? If so, you've got a neat argument there. If they don't allow chickens, it might be a press story.

 

[JackStevens]

I can't seem to find anything about a chicken being the town symbol, but it seems to be a bigger part of the town than the world's largest ball of twine. The local schools aren't much help with that, as their mascot is a tiger for some inexplicable reason. I know in google image search, the search for delano, mn brings up the chicken. I'll look up the page about conditional uses and edit in what I find.

I'm a bit wary about the rezoning, as from what I've seen they look like they will cost a pretty penny

Here is what I found under the R-3 conditional uses :


Subd. D. Conditional Uses. The following are conditional uses allowed in an R-3 District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 51.02, Subd. B of this Ordinance.)
1. Bed and breakfast establishments provided that conditions of Section 51.03, Subd. I.1 of this Ordinance are met.
2. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community provided that:
a. When abutting a residential use in a residential use district, the property is screened and landscaped in compliance with Section 51.03, Subd. D.10 of this Ordinance.
b. The provisions of Section 51.02, Subd. B.4 of this Ordinance are considered and satisfactorily met.
3. Planned unit developments as regulated by Section 51.02, Subd. J of this Ordinance.
4. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues provided that:
a. Side yard setbacks shall be thirty (30) feet.
b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 51.03, Subd. D.10 of this Ordinance.
c. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with Section 51.03, Subd. E of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 51.03, Subd. D.10 of this Ordinance.
d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 51.03, Subd. F of this Ordinance.
e. The provisions of Section 51.02, Subd. B.4 of this Ordinance are considered and satisfactorily met.
Delano Zoning Ordinance R-3 District
9-2
Subd. E. Interim Uses. The following are interim uses in the R-3 District: (Requires a conditional use permit based upon procedures set forth and regulated in Section 51.02, Subd. C of this Ordinance.)
1. Model homes and sales centers.
2. Special home occupations provided that conditions of Section 51.03, Subd. H of this Ordinance are met.
3. Temporary sales centers provided that conditions of Section 51.03, Subd. I.2 of this Ordinance are met.

nothing about chickens, but judging by the description this looks like something for me to look into.


Here's another picture of the statue, this one has some doggies in it for scale ( not my doggies)

 

[BigPeep]

Since the statue was moved once already, maybe you could swip it and bring it to the meeting.

You don't need a zoning change for yourself if you can get the overall zoning ordincance amended to allow chickens. See the Mad City Chickens video.

 

[JackStevens]

Thank you for all your help BigPeep.

 

[curlyq]

Jackstevens, it sounds like you are in a similar subdivision I am at in delano. We moved to the area 1 year ago. Any resolution on having chickens or change in ordinance? Thanks!