Looking for advice to appeal an ordiance

[wpalmisano]

I live In Durham Connecticut. The primary reason for my home and one acre is to live. I raise poultry as an "Accessory use." meaning its not what the home was built for. Its rather vague and I think a good lawyer could beat it. In order to qualify as a farm you must have 3 acres. However we are rural here and I am allowed up to 100 chickens or poultry, including roosters. on my acre, plus goats, etc,, its considered a hobby farm. The catch ? It must be 'non commercial"and for our family's use. Even though my land is zoned F/R ( farming residential ) I don't qualify for the "Right to Farm law. " This is because I simply don't have the acreage by town statute. This means my neighbors could cause problems but so far so good after a few years. Also not allowed to process animals on site, must bring to processor.
The town did this because they encourage that rural character and want people to farm. I would not want bet on what your town thinks, but go over the planning and zoning meeting minutes if they are posted on line, and go to a few meetings. If there is no policy in place, help craft one in your favor. If you have a feed store in town see those guys to find like minded people. Just a suggestion. Good luck.

 

[john14six]

Ok, lots to think about and lots to do. Thank you very much.

It's not over yet....

I really want to do what's right and hopefully in the end we'll be rewarded by being able to keep the chickens.

Thanks again for all advice and help with this.
If anyone can think of anything else that could help, I'd be happy to hear it.

You've given me some homework to do....thanks!

 

[theFox]

What wpalmisano is saying about not betting on what the town thinks is the only correct way to approach this matter and you really do need a number of supporters if you wish to craft a slot in the ordnances in order to be able to raise a few hens on a "normal" sized residential lot.

Frequently when it comes time to speak the folks that sit on boards can drone on for hours and you'll be limited to (frequently less than 5 minutes) how long you can speak, a well prepared speech delivered by several people one after the other has been a tried and useful tactic to drive home a point you wish to make. Do not be discouraged if one of the powers that be is against your proposal, there is always another day and another path. For example you can get a group together to support (or even run against) the opponent of the person (or persons) who vote against you.

In a couple of really egregious shenanigans instances taking a few folks through the first stages of a recall has been known to result in about faces.

Another thing to understand is that the people who vote against an item can ask that the item be reconsidered, those that vote for it can not.

There is only one other thing that I want to say besides good luck, that is it would be a whole lot easier if you weren't already in violation of the ordnances.

 

[john14six]

Not sure if I am going to have any supporters in this matter. This is my fight and no one else's. No one is going to get involved. There are already 2 families I see close by me that have chickens. I am sure they just want to "not say anything until they are caught." Anyone else in town that doesn't have chickens either doesn't care or probably would not want an ordinance granting everyone around to have chickens. I think I'm in this alone.

I keep going back to the fact that this is not a farm which is what the clerk at the Town Office said when I said I wanted chickens. I said I don't want a farm, just chickens. My primary use is residential. If I need 5 acres for 1 chicken (according to the clerk, doesn't matter how many chickens), how many acres do I need for a dog? You mean 1 little chicken requires 5 acres and 1 great dane(don't have one-I have an austrialian sheppard) doesn't need any land - there seems to be an unbalance here.

What does the term agricultural mean? Does that mean that even my small little garden patch I need 5 acres?
Does that fall under horticulture or what about floriculture and viticulture?

How do I find their intent or definition of the ordinance? If the intent of 5 acres is to keep the smell/noise of the chickens away from my neighbor than what's to stop me from planting the coop right up next to the neighbors property line up close to where their house is. I suppose ordinances don't have to make sense to follow them, we just have to follow them.

I guess in order for me to find out for sure that I'm in violation or not is to notify them I have chickens. Which I need to prepare having to give up the chickens

Isn't there a way that I can just go in request a variance or something just for me. I don't want this to turn into a whole town wide spectacle. I just want to quietly get permission to raise a few chickens. And I'm just dreading that I am going to have to give them up.

Thanks!

 

[nonseq]

According to the Ohio Supreme Court, the care, feeding and raising of dogs is considered animal husbandry, and animal husbandry is included as part of the definition of agriculture in the Ohio Revised Code. My argument before Safety Committee tonight hinges upon that Harris v. Rootstown decision. If dogs can be considered agricultural animals or livestock in some contexts then chickens can be considered pets in some contexts.

One of the other BYC members contacted our state Ag Law department and received an email that mentioned the above. I then googled the phrasing and found the case. And went from there. Try contacting your local state university extension office and ag departments. Call your state Dept of Ag, too.


Are you in violation of an ordinance or of zoning code? If you are in violation of zoning code, just ask for a variance. I'm trying to change an ordinance - one I am already in violation of b/c I stupidly listened to what I was told instaed of checking it out.

 

[theFox]

john14six you can request a variance, you do that through the Zoning Board of Appeals.

You just need to understand that you are going to discover that the fact that you are currently in violation is going to come out, the proper time to ask for a variance is before engaging in the non conforming use.

Your battle is going to parallel that of changing an ordinance, it will likely result in all of your neighbors within so many feet of your property lines receiving a notice (unless of course your town thinks it is special and exempt from noticing) that you are requesting a variance and the reasons for that variance, they will also be given the opportunity to comment either in writing or speaking at the ZBA meeting.

 

[Jephers]

nonseq - I'm wondering if you LIVE in Rootstown, OH (NE Ohio, near Kent and Ravenna), or if you were just looking up the legal stuff that pertained to Rootstown. I live in Rootstown and have only just started trying to track down info on keeping chickens, and it looks like the law states you have to have a minimum of an acre for chickens. I live on a third of an acre...so that's not too promising!