Ohio Townships and the Ohio Revised Code UPDATE!

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by spoggy, Jul 25, 2010.

  1. spoggy

    spoggy d'Anver d'Nut

    126
    2
    121
    Aug 19, 2008
    Carlisle Township
    Hello!

    I need to tell a little story, and then I'm looking for advice. Here's a link to what I'm talking about. http://codes.ohio.gov/orc/519

    My wife, daughter and I live in a platted subdivision in Carlisle Township in North Central Ohio. When we moved in 10 years ago, I had dreamed of being able to keep chickens as a hobby, more as pets than anything else, about 10-12 bantams for possible exhibition. Imagine my dismay in finding out that everyone in the township can keep chickens, except those of us in platted subdivisions. In reading 519.01 and 519.21, my impression is that the law is intended to regulate agriculture specifically related to raising livestock for profit, ie. a farm. What I'm not too sure of is if there is enough "wiggle room" to allow for the keeping of chickens for "fun". Anyone have any opinions, especially anyone from townships in Ohio?

    Thanks for the help!

    Steve

    -edited title-
     
    Last edited: Aug 3, 2010
  2. Danaus29

    Danaus29 Chillin' With My Peeps

    142
    0
    99
    Mar 17, 2010
    Just went through the whole fiasco myself. People behind us can have any livestock they want, we can have none. According to state law agriculture on an acre or less is totally prohibited in a platted subdivision. Livestock on properties between 1 and 5 acres is prohibited, livestock on over 5 acres is legal anywhere in Ohio. Wish I had better news for you. You can move, rent some property where livestock is legal, or buy some vacant land where livestock is legal.
     
  3. spoggy

    spoggy d'Anver d'Nut

    126
    2
    121
    Aug 19, 2008
    Carlisle Township
    Quote:Oh No! I'm assuming you're in Ohio somewhere. Are you saying that only a few birds for pets are considered livestock? Isn't that up to the Zoning Commission in my Township. If I read 519.21 correctly, it seems to say the the Township can choose to regulate if they want, or default to the ORC. I'm thinking along the lines of a variance.

    Steve
     
  4. nonseq

    nonseq Chillin' With My Peeps

    412
    0
    119
    Sep 16, 2009
    Central Ohio
    I'm working on that right now. I was told by someone who keeps chickens in my city (pop 16,000) and who worked for the local govt that keeping chickens was OK. Came to find out it is not. Right now I am researching codes and zoning for my county - Fairfield - to see if there is wiggle room for me to keep my chickens. Because they are PETS.

    I already talked to the Safety Committee of Council and was told they will "look into it."

    I'm not holding my breath. I'm probably going to have to push and the outcome is anyone's guess.

    But at my presentation to the Safety Committee, I brought in big photos of my girls hugging and kissing the chickens and handed out an info pack on PET chickens. I figured it wouldn't hurt to try.
     
  5. Danaus29

    Danaus29 Chillin' With My Peeps

    142
    0
    99
    Mar 17, 2010
    I spent $500 and several weeks trying to keep my ducks. Not one bird permitted. Part of it was because they are Muscovies and part was because Franklin County doesn't want anyone to have livestock. Your county may look at things differently. Make the phone calls and find out before you get the birds but be prepared for the "no" answer. In this county they did everything they could to make it look like we wouldn't care for the birds properly, even though I had them for years. And even though chickens are allowed in some cities in this county I was not allowed to have even one in the country. I am still bitter about the whole fiasco.

    Sorry, didn't realize the location is not in my profile. I am in Franklin County Ohio.
     
    Last edited: Jul 26, 2010
  6. spoggy

    spoggy d'Anver d'Nut

    126
    2
    121
    Aug 19, 2008
    Carlisle Township
    Wow, how incredibly disappointing. Two responses from folks that have had no luck. Isn't there someone in Ohio that falls under ORC 519.21 that has had success? C'mon, we're primarily an agricultural State, with agriculture and the food industry accounting for a $79 billion contribution to Ohio's economy, someone has had to have been successful at this.

    Steve
     
  7. Sonoran Silkies

    Sonoran Silkies Flock Mistress

    20,149
    291
    401
    Jan 4, 2009
    Tempe, Arizona
    Check the database sticky at the top of the forum. I know of a number of breeders from Ohio. Heck, there is a HUGE poultry show there every year. The Ohio breeders/exhibitors can't ALL be from large acreage farmland.
     
  8. Danaus29

    Danaus29 Chillin' With My Peeps

    142
    0
    99
    Mar 17, 2010
    It's the platted subdivision thing that has my hands tied. I have over an acre, it's just located in a platted subdivision. Just a hair over 5 acres is all it takes to be totally zoning exempt from regulations restricting or prohibiting agriculture. Or if you have over an acre in a platted subdivision that is less than 35% developed you can have livestock.

    A lot of people do it illegally, but I would say most have the acreage. The places I rehomed my girls to have the acreage or are not in platted subdivisions.
     
  9. nonseq

    nonseq Chillin' With My Peeps

    412
    0
    119
    Sep 16, 2009
    Central Ohio
    In Canal Winchester agriculture is not allowed on anything less than 10 acres. However horses in residential zones are permitted.

    I spoke to the Violet Township zoning person today and she told me the same thing about platted subdivisions, etc. She also told me to ask for a variance b/c that's what variances are for. Code in my city told me the same thing. I'm working on it.

    Danaus - Columbus allows chickens. I found the info sheets at the Dept of Health.
     
    Last edited: Jul 26, 2010
  10. Sonoran Silkies

    Sonoran Silkies Flock Mistress

    20,149
    291
    401
    Jan 4, 2009
    Tempe, Arizona
    As was said in post #3, it is up to the local township to decide what they wish to allow. I am sorry that you lost your fight to keep chickens Danaus, but your constantly telling everyone, regardless of where they live that their laws will disallow (even when they do not), and that no one will listen, and it is not worth the effort is getting really old.

    There is no universal government that sets the rules for where you can and cannot have chickens. US government, be it at the federal, state or local level is "...of the people, by the people, for the people" and "Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it"

    If one's laws disallow, work within the system to make changes; yes, you can work outside the system, but it is usually less effective. Find others who wish to see the same changes you want and join forces; start a grassroots movement. Find business and industry and organizations that agree with and support your goals. It may or may not be a short process or easy, and you may or may not get every detail that you want.
     

BackYard Chickens is proudly sponsored by