Please help me interpret the ordinances in Miamisburg, OH.

[PineappleMama]

When I looked up the Animal Ordinances, this is what I found:

(1) Not an issue since Chickens don't fall into wild or exotic animals as per the list in (2)

(2) States in black and white that chickens are the same as dogs as far as they are concerned.
These AO's seem to be based on RESIDENTIAL ZONING... if they are then you're clear. If this is AOs for within Ag Zones only, then you need to find out what the Res ones are.

The only other reference to chickens in the Animal Ordinances is this one:

(a) Our town has this too, about the coloring and the minimum number to be sold/shipped so they don't freeze. This applies to breeders, those intending to sell animals, not so much to a backyard keeper. This is purely for the safety of the babies, to make sure they aren't being abused, exploited, etc.

When I looked at the Planning and Zoning Ordinances, I found this:

(A) This is blathering about Primary vs Secondary Agriculture Usage of Land within an Agriculture Zone, not talking about Residential Zones.

(B) In an Ag Zone you can keep animals, but if you butt up against a residential zone you need at least 100' between your pens and your neighbors so they aren't 'hurt' by your keeping animals.

These specify behavior within Ag Zones, NOT Residential. There is a big difference between the two.

You said that these are the only mentioned anywhere that you can find. I would call animal control and double check (I did it myself just to make sure I read things right) but I don't see any reason why you couldn't have chickens based on this info UNLESS YOU LIVE IN AN AG ZONE... then you'd have the 100' rule to deal with but still not prohibited any more than dogs are.

*passes salt cellar*

 

[Mattemma]

For my area many animals are allowed,but the law states that coops/barns need to be a certain distance from the neighbors house(not property line).

 

[theFox]

Quote:
Be careful of going by this law when siting a coop because it isn't likely the only setback requirement that must be met. For example it may be that a "building or structure" (which a coop or barn is) must also be a certain distance from a lot line and you could be the minimum distance from the house on the next lot but not the required distance from the lot lines. Some places have different setback amounts depending upon where the lot line is for example front lot lines may require a further set back than a rear lot line. Towns can be kinda funny that way.

 

[Sonoran Silkies]

Quote:
Be careful of going by this law when siting a coop because it isn't likely the only setback requirement that must be met. For example it may be that a "building or structure" (which a coop or barn is) must also be a certain distance from a lot line and you could be the minimum distance from the house on the next lot but not the required distance from the lot lines. Some places have different setback amounts depending upon where the lot line is for example front lot lines may require a further set back than a rear lot line. Towns can be kinda funny that way.

Also note that the definition of "building" and "structure" may be different, and they may have different setback requirements. That is the case in my city. Structures are less than 200 sq ft AND no taller than 8 ft. Our setbacks vary depending on the particular zone, which relates to property size. Zones with smaller lots have smaller setbacks than zones that are predominantly larger lots.

 

[bigstack]

Quote:
My wife works for the city here and I totally agree!!!!! You are fine for chickens just don't dye them colors! LOL

Congrats and God Bless!

 

[LarryPQ]

https://www.backyardchickens.com/laws/display.php?State=OH&City=Miamisburg&actions=search

It looks like you found the LORE project info--but word of caution: just because the yes ordinances say "chickens ok" (or neglects to mention them at all) it doesnt mean YOU can have them. You'll need to see what your parcel is zoned as before you go forward.

My suggestion is you call several departments & get all the varying and conflicting answers you possibly can. Call animal control, zoning, the city clerk, and anyone else you can get ahold of. You'll get differing information, but eventually you will weed out the bad info.

You said that these are the only mentioned anywhere that you can find. I would call animal control and double check (I did it myself just to make sure I read things right) but I don't see any reason why you couldn't have chickens based on this info UNLESS YOU LIVE IN AN AG ZONE... then you'd have the 100' rule to deal with but still not prohibited any more than dogs are.

This is sorta true. The 100' rule applies to everyone---but when writing the code, the city assumes only people zoned AG will have this amount of space. So if you lived in a subdivision with 15' yard that was against a farm, the farmer could not put his coop against your wall. THe same would apply in a residential zone. If you don't have enough land to keep your coop away from another person's residence, you are a no go. HOWEVER--LOTS of cities say you can be within the 100', if you get written permission from the owners of said residences.

Also- agricultural chicken-keeping is different than pet-keeping. Since Miamisburg does not restrict urban chicken-keeping (in writing) there may be some wiggle-room for residences.​

 

[jenmamahen]

Thank you to all who responded. You've given me a lot of great info and suggestions. I'll be doing some more checking and making a few phone calls, hopefully they'll give me the green light to raise chickens!


Jen

 

[jenmamahen]

Ugh! Why must this be so difficult? I just got off the phone with the head of the zoning board, and he told me that because our ordinances do not specify that you CAN have chickens in the city, you can't. You are only allowed to have them if you live in an area zoned agricultural or agricultural/residential, and we live in a straight residential zone.

He was very nice, however, and told me that if I printed out regulations from other cities that do allow chickens, he would look things over and then take that info to the zoning committee to see about changing our ordinances to allow chickens. He said the main reason why they don't allow chickens in town is due to complaints from neighbors about noise, odor and fear (however unfounded) of disease. He seemed personally keen on the idea of keeping chickens, so I think I have a good ally.

I'm still waiting to hear back from the Animal Control officer, we'll see whether that info differs from what the zoning person told me!

 

[LarryPQ]

We ran into this during the LORE project.

The law doesnt quite work that way....they cant make a blanket statement (and many zoning ordinances try) and say "if we dont give you specifically give permission, you cant do it".

I KNOW the legal folks are going to lambast me for the above statement, but there has been some presedence (spelling, sorry) to support it.

ie- one city had a "no childcare facilities" in their residential districts. A woman had a school bus-stop in front of her house. It was a busy street, so she put a couch and a TV in her garage & invited her kids' friends to sit in the garage while they were waiting for the bus. The city tried to fine her for having a daycare facility, and the judge slapped the city with a 2" by 4".

What they CAN do is put in a noise ordinance and say "no male fowl capable of making loud noise for more than 15 minutes which disturbs the peace"---this would pretty much mean, "NO ROOSTERS"-- unless 1-You had it decrowed 2-It never disturbs anyone. But that is not zoning. Residental areas are allowed pets, so if the municipal code does not categorize poultry as solely agriculture, you have a leg to stand on. Or at least an argument starting point.

ANYWAY-- I am NOT giving you legal advice, but encouraging you to keep asking different people. In my own experience someone who doesn't know is much more likely to make a blanket statement of "NO" rather than admit they do not know.

 

[theFox]

Quote:
That would depend on if there was a definition of daycare that said providing a place out of the weather was what constituted daycare or not.

What a Judge has to determine is did the alleged infraction actually meet the prohibited item in the law.

If the law defines daycare as a fee for service and the lady in the above situation wasn't charging a fee then there was no infraction under the law.

If the rules of construction say what isn't explicitly permitted is not allowed, you have a slightly different legal situation than what you are portraying.

I too am not giving legal advice just telling you several things I've learned over the years.

The law is frequently quite detailed and more frequently than not at odds with itself.