I'm sorry to say that as a Zoning Administrator, I believe they have you over a barrel. The code is very well written and inclusive. First of all your coop is a farm building. From the code you said they provided in the letter, it was for the R-1 Zoning District which is a strict single-family residential district. Also I didn't see any definition of pets.
FARM BUILDING -- Any building used for storing agricultural equipment or farm produce, housing livestock or poultry, or processing dairy products. The term "farm building" shall not include dwellings.
Second they don't prohibit uses they allow them. In other words, poultry is specifically lissted in zoning districts as an allowed use.
ARTICLE IV, RA-1 Residence Agricultural District [Amended 10-2-2001 by Ord. No. 01-13; 5-20-2008 by Ord. No. 08-05]
§ 500-401. Purpose and intent.
The purpose of the RA-1 Residence Agricultural District is to discourage the scattering of commercial, industrial, multifamily residential and other urban type uses throughout predominantly rural areas of the Township; to encourage the continued use of land for agricultural purposes; and to otherwise create conditions conducive to carrying out the purposes of this chapter as set forth in § 500-101.
§ 500-402. Use regulations.
A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
A. Agricultural uses, including tilling of the soil, nursery and the keeping or raising of livestock, birds, poultry, horses and bees, provided that:
(1) The minimum lot area shall be ten (10) acres.
(2) Any building used for the keeping or raising of livestock, poultry, birds, horses or bees shall be situated not less than one hundred (100) feet from any street line or property line. Etc.
Here are some possible remedies.
-You may appeal the Zoning Officer's ruling by going here and filling out the Zoning Hearing Board application. You can make your case in the hearing that would follow.
-Go to the Township Manager and petition to make application to amend the zoning ordinance to allow chickens. Follow the requirements in Article 32 of the Zoning Ordinance
§ 500-3201. Power of amendment.
The Board of Supervisors may from time to time amend, supplement, change, modify or repeal this chapter, including the Zoning Map. When doing so, the Board of Supervisors shall proceed in the manner prescribed in § 3203 of this article.
§ 500-3202. Who may initiate.
Proposals for amendment, supplement, change, modification or repeal may be initiated by the Board of Supervisors on its own motion, by the Planning Commission, or by petition of one (1) or more owners of property to be affected by the proposed amendment. Each petition by one (1) or more property owners shall be signed and acknowledged and submitted in writing to the Zoning Officer. The applicant(s) for an amendment to the Zoning Map shall submit the information required in § 500-3204, Plan requirements, and
- Maybe your best bet is to pursue a Conditional Use. It sounds like the Board of Supervisors have the power to grant a conditional use if you make your case. Here is part of the ordinance language found on pages 500-253 & 254 of the Township of Middletown, Bucks County, Pennsylvania Codified Ordinances - October 2009 on conditional uses applications.
H. Conditional use applications shall be governed by the following:
(1) The landowner shall make a written request to the Board of Supervisors that it hold a hearing on his application. The request shall contain a statement reasonably informing the Board of Supervisors of the matters that are in issue.
(2) The application shall be accompanied by plans and other material describing the use or development proposed. Such plans and other materials shall provide a sufficient basis for evaluating the applicant's request. Information required by this chapter shall accompany the application.
(3) The Board of Supervisors shall hold a hearing pursuant to public notice upon the request, commencing not later than sixty (60) days after the request is filed, unless the applicant requests or consents in writing to an extension of time. In addition, the Board shall render a written decision within forty five (45) days after the last hearing.
Through whichever process you choose, remember the zoning ordinances were put into place to protect the township resident's health, safety and welfare. Banning livestock of any kind in a Residential zone is common place. How would you feel if your neighbor moved a cow in to get milk every morning? The problems arise from the fact poultry is associated with farms and livestock and this is used in the ordinance creation process. You have to get the process changed and have your township elders think of chickens in a different light. Maybe getting those other chicken owners together to put a amendment petition in would show the township the support having a few chickens has in the community.
Good luck.
FARM BUILDING -- Any building used for storing agricultural equipment or farm produce, housing livestock or poultry, or processing dairy products. The term "farm building" shall not include dwellings.
Second they don't prohibit uses they allow them. In other words, poultry is specifically lissted in zoning districts as an allowed use.
ARTICLE IV, RA-1 Residence Agricultural District [Amended 10-2-2001 by Ord. No. 01-13; 5-20-2008 by Ord. No. 08-05]
§ 500-401. Purpose and intent.
The purpose of the RA-1 Residence Agricultural District is to discourage the scattering of commercial, industrial, multifamily residential and other urban type uses throughout predominantly rural areas of the Township; to encourage the continued use of land for agricultural purposes; and to otherwise create conditions conducive to carrying out the purposes of this chapter as set forth in § 500-101.
§ 500-402. Use regulations.
A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
A. Agricultural uses, including tilling of the soil, nursery and the keeping or raising of livestock, birds, poultry, horses and bees, provided that:
(1) The minimum lot area shall be ten (10) acres.
(2) Any building used for the keeping or raising of livestock, poultry, birds, horses or bees shall be situated not less than one hundred (100) feet from any street line or property line. Etc.
Here are some possible remedies.
-You may appeal the Zoning Officer's ruling by going here and filling out the Zoning Hearing Board application. You can make your case in the hearing that would follow.
-Go to the Township Manager and petition to make application to amend the zoning ordinance to allow chickens. Follow the requirements in Article 32 of the Zoning Ordinance
§ 500-3201. Power of amendment.
The Board of Supervisors may from time to time amend, supplement, change, modify or repeal this chapter, including the Zoning Map. When doing so, the Board of Supervisors shall proceed in the manner prescribed in § 3203 of this article.
§ 500-3202. Who may initiate.
Proposals for amendment, supplement, change, modification or repeal may be initiated by the Board of Supervisors on its own motion, by the Planning Commission, or by petition of one (1) or more owners of property to be affected by the proposed amendment. Each petition by one (1) or more property owners shall be signed and acknowledged and submitted in writing to the Zoning Officer. The applicant(s) for an amendment to the Zoning Map shall submit the information required in § 500-3204, Plan requirements, and
- Maybe your best bet is to pursue a Conditional Use. It sounds like the Board of Supervisors have the power to grant a conditional use if you make your case. Here is part of the ordinance language found on pages 500-253 & 254 of the Township of Middletown, Bucks County, Pennsylvania Codified Ordinances - October 2009 on conditional uses applications.
H. Conditional use applications shall be governed by the following:
(1) The landowner shall make a written request to the Board of Supervisors that it hold a hearing on his application. The request shall contain a statement reasonably informing the Board of Supervisors of the matters that are in issue.
(2) The application shall be accompanied by plans and other material describing the use or development proposed. Such plans and other materials shall provide a sufficient basis for evaluating the applicant's request. Information required by this chapter shall accompany the application.
(3) The Board of Supervisors shall hold a hearing pursuant to public notice upon the request, commencing not later than sixty (60) days after the request is filed, unless the applicant requests or consents in writing to an extension of time. In addition, the Board shall render a written decision within forty five (45) days after the last hearing.
Through whichever process you choose, remember the zoning ordinances were put into place to protect the township resident's health, safety and welfare. Banning livestock of any kind in a Residential zone is common place. How would you feel if your neighbor moved a cow in to get milk every morning? The problems arise from the fact poultry is associated with farms and livestock and this is used in the ordinance creation process. You have to get the process changed and have your township elders think of chickens in a different light. Maybe getting those other chicken owners together to put a amendment petition in would show the township the support having a few chickens has in the community.
Good luck.
