John's Creek, Georgia - two conflicting zoning laws.

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by RockerChicks, Apr 29, 2017.

  1. RockerChicks

    RockerChicks Just Hatched

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    Mar 12, 2014
    We currently live in Smyrna GA and have been raising hens for 3 years now. We are about to close on a house in Johns Creek (north of Atlanta suburb) and am finding that the city has conflicting zoning laws. I called them yesterday and he quoted me the "R3 rulse'. After I got off the phone with him, I dug and found all this.

    And apparently I am not the only one that is confused. In 2009, Martha Mellon sued the city because they were citing her because her coop wasn't 200 feet from her property line.... but she was following the animal control rules.

    Here is what I am dealing with...I plan on getting a lot more clarity and pushing the city to allow chicks! I would love some insight and help with this,.... and if by chance anyone knows Martha, tell her I am looking for her to pick her ear!!! :)

    Animal Control rules: up to 75 chicks, 100 feet from neighboring homes.

    Sec. 10-4. - Nuisances.

    (a)​
    Any vicious animal shall be deemed a nuisance. A vicious dog will be exempt as a nuisance upon classification as a dangerous or potentially dangerous dog as prescribed in section 10-116.
    (b)​
    It shall be unlawful for any person to keep any domestic animal or livestock, except under the following conditions:
    (1)​
    Any housing or enclosure used by any domestic animal or livestock shall be well-drained, free from accumulations of animal excrement and objectionable odors and otherwise clean and sanitary. Animal excrement shall be disposed of in a manner approved by the city manager or his designee.
    (2)​
    A domestic animal or livestock shall be kept at the following minimum distances from any occupied building, except the dwelling unit of the owner. Exceptions include licensed veterinary hospitals, commercial kennels, grooming parlors and public or commercial horse facilities:
    Animal​
    Distance
    (in feet)
    Horse, mules, asses, cows, sheep or goats​
    100
    Hogs​
    900
    Cats, dogs (three or more)​
    100
    Rabbits, guinea pigs, hamsters​
    100
    Chickens, turkeys, geese, ducks, pigeons, or similar fowl​
    100​

    (3)​
    Except in an area zoned for agriculture, each domestic animal or livestock shall be provided with the following average minimum floor or ground area in the enclosure or housing in which it is kept. Exceptions include licensed veterinary hospitals, commercial kennels, grooming parlors and public and commercial horse facilities:
    Animal​
    Area per Animal
    (in square feet)
    Horse, mules, asses, cows, sheep or goats​
    150
    Hogs​
    150
    Cats, dogs​
    100
    Rabbits, guinea pigs, hamsters​
    4
    Chickens, turkeys, geese, ducks, pigeons, or similar fowl​
    4​

    (4)​
    Except in the areas zoned for agriculture, the maximum number of domestic animals or livestock that may be kept on any single premises shall not exceed the following. Exceptions include licensed veterinary hospitals, commercial kennels, grooming parlors, and public and commercial horse facilities:
    Animal​
    Maximum
    Number
    Horse, mules, asses, cows​
    5
    Sheep, goats​
    10
    Hogs​
    10
    Dogs, cats​
    10
    Rabbits, guinea pigs, hamsters​
    75
    Chickens, turkeys, geese, ducks, pigeons, or similar fowl​
    75


    "R3 zoning rules: 200 feet from property line
    https://www.municode.com/library/ga...Id=PTIICOOR_APXAZO_ARTVISIMIDWDI_S6.4SIMIDWDI

    Use Regulations. Within the R-3 District, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by Administrative Permit or Use Permit shall be prohibited.
    A.
    Permitted Uses. Structures and land may be used for only the following purposes:
    1.
    Single-family dwelling.
    2.
    Agriculture, general and specialized farming, including: horticulture, plant nursery, dairy farming, truck gardening and poultry raising provided, however, that agricultural buildings must be at least 200 feet from all side and rear property lines, and that no products shall be offered for sale on land so utilized.
    B.
    Accessory Uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation.





    Thanks in advance for any advice, help and links!
     
  2. centrarchid

    centrarchid Chicken Obsessed

    17,495
    2,157
    456
    Sep 19, 2009
    Holts Summit, Missouri
    The more recent ruling is what I would follow.
     

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