Need help in FL - Advice on City Codes and talking with Code Enforcement

[Nimby Chickens]

I would appreciate any help that one can give me.

I moved into this house in Debary, FL in Jan 2011 after scouring the city code for laws against chickens. I found nothing. There is no HOA here.

Here is a link to our city code: http://library.municode.com/index.aspx?clientId=13027

I got chickens in April 2011 and everything has been fine until a few days ago. I got a letter in the mail from the city saying that 'livestock/farm animals are not permitted in your zoning district'. The letter requests that I remove the chickens and roosters from the property no later than June 22nd (tomorrow) to avoid further code enforcement action. The complaint was that there were 'prolonged noises'. This was sent on June 14th. I had a pretty loud rooster at that point but he went to a friend because of said noise.

I was not sure if code enforcement could enter private property, so I looked it up. It says in FL that "If he meets resistance, he needs to get a court order, then he comes back with the Sheriff." (Link for that, from an ask lawyer site: http://www.justanswer.com/law/26qlv-florida-city-code-enforcement-officer-private.html)

So I was going to chain and lock my gate and put my dogs out there so that he would 'meet resistance' and get me more time to figure it out.

I need to call the code guy today and ask him questions and get clarity on the wording, but my experience has been that 99% of people at the code office have a fuzzy idea of the codes anyway.

So:

1. What should I ask him?
2. What, if anything, will he say?
3. Can I apply for a variance/permit - what do I need to know?
4. Please give me any advice you can. I am willing to fight this. I will keep my chickens.

 

[Kikiriki]

Well they do not include most animals under the animal ordinance, so it is specifically your zoning, which is only available from the main page for City of Debarry. You have to look at where you live and check your zoning designation, but I bet the code enforcement officer is correct that you are mot zoned for chickens. You will have to ask for a variance, which costs money usually, and does not guarantee success, or ask for a hearing for an ordinace change. I know this does not help your situation...sorry.

Best way to do it is to look at the many posts by people doing this, learn from their successes and mistakes.

 

[Nimby Chickens]

Thank you for the info. I am zoned R-4, and on my zoning map I am only a street away from some houses zoned RR.

The issue is that there is no meaningful way of easily finding out what that even means. I am trying to find out right now.

 

[Nimby Chickens]

Please guys, I need to call him before 5pm today. If there is any info you can give me, please give it now.

 

[Kikiriki]

Okay, I have looked up zoning rules for people on here from all over the nation, and I can tell you I have never had such a hard time finding information. R4 zoning means urban single family residential. I have not beem able to find anywhere where your city explains the permitted uses for the classes of zones and you should use this as part of your discussion with them: it is incumbent upon them to ensure that rules, regulations, ordinances, and laws are readily available to people of average intelligence. That even after a dedicated search, two people were not able to find the information and that it makes it seem there is no prohibition against chickens.

Mention that you looked up the ordinaces before getting chickens and found nothing, so you honestly believed you were within the law. You should ask them for an extension today, and could say you need a lawyer to help you understand the rules or that you want a hearing before the board.

Then contact your local news or tv outlets and try to get in the news, stressing how badly hiden the rules are, such that normal people can come away with a perception of being within their rights to have chickens.

Did the citation list a code or ordinance in the violation? That will give us an idea of where we need to search.

 

[Nimby Chickens]

I am definitely going to bring that up when I speak to the code enforcement officer.

The letter I received was not an official citation, more like a courtesy warning. It says that the complaint was about "prolonged noises". It did not give a specific code that was violated, it only said to remove the chickens and roosters by tomorrow.

I really did believe that chickens were allowed here. I am really heartbroken that they are not. I never would have bought this place if I had known that. I would have continued to rent my apartment while I found a dream home that was zoned for it. I love my chickens. Even my realtor told me that chickens were allowed here (I found out later that she was a real dingbat though, and is no longer working in the real estate business.)

 

[Kikiriki]

Okay, i just found R4 zoning permitted uses, which include running a bed and breakfast, having a 70 foot tall communication tower, but says nothing about having pets or animals at all...

http://library.municode.com/index.aspx?clientId=13914

Chapter 3. Land development on the left side, then article III Zoning, then Division 3 Classifications, then R4 for your zoning.


You can argue that they could say anything not specifically permitted is prohibited: that could include everything from having lawn furniture to raising children, neither of which is specifically permitted, nor are they specifically banned, and chickens are not specifically banned either!!

 

[Kikiriki]

In the discussion of R4 there is a link to special exceptions: apparently you could have a junk yard, a land fill, a child care center, but again it says nothing about animals or pets of any kind.

I think their codes are very badly written and you can fight them.

 

[Kikiriki]

I believe they think they cover themselves under the clause at the start of each section of zoning uses with the words "customary uses". They do not define it, though, so it can be interpreted as a family residence is mainly intended for family homes, rather than businesses or strange uses like landfills. Having a pet is a normal and customary thing for any family across the united states. Your chickens are not a business, or a hobby: they are pets. You have to stress that. If they want to know if you have a breeding program, the answer is "no" your girls are pets. If you read the section for agriculural zoning you can see what you are not doing.

You have them, I think.

 

[Nimby Chickens]

I will certainly bring up the point when I speak with him. The way it is worded does indeed make it sound like anything not mentioned is prohibited.

I am going to give him a call and try my best to document what he says.