PLEASE HELP, What should I do??????

[MysticScorpio82]

Ok I live in Gardiner Maine, and I just recently found out that I am a criminal when it comes to chickens. I can not find ANY info on the Maine's right to farm act except that certain parts were repealled (I can't even find what parts were repealed!!). This is the ordiance for Gardiner:

"The keeping of other animals, such as cattle, sheep, goats, pigs and fowl, for personal or
commercial purposes shall be subject to the following:

a. Farm buildings, sheds, feedlots and fenced pens used for the shelter of large
livestock (such as horses, cattle, sheep, goats, and pigs) shall be located 50 feet
from property lines and 100 feet from any existing residences.

b. The keeping and raising of cattle, sheep, goats, horses, pigs and fowl shall be
prohibited in the Residential Growth, High Density Residential, Central
Business, and Planned Industrial/Commercial Districts. In all other districts, the
keeping of such animals shall require a minimum of 120,000 square feet of land."

Apperently I am in the residental growth disrict and never knew. We used to be in the rural district, so I have no clue when that changed. So even though I have 3 acres of land, am surrounded by woods and am right on the border to West Gardiner (the country, where all farm animals are legal), I apperently can't have ANY chickens because Gardiner wants to develop this area. The thing that gets me is my father in law used to have chickens and sell the eggs until his flock was killed by a predator about 4 years ago. I really wanted to sell some eggs to of set the costs of my chickens, but now I am afraid if I try I will be ordered to get rid of my birds.

My question is what can I do? Should I see if I can get a permit or should I jump right into trying to change the ordiance to at least allow a restricted number of chickens? How do I go about doing either of these processes (permit or ordiance change)? Please, I really need some advice and help. Thank you in advance for your time!!

 

[Sonoran Silkies]

You may very well be granfathered in.

If when you acquired the land it was designated rural,

1) you should have been notified and given the opportunity to contest/or question the land use change

& 2) you had rights which would have been revoked by the land use change, and therefore were probably retained (grandfathered) at least until you sell or transfer the property to someone else.

Grandfathering, however can work in several ways. If you were not exercising your rights (keeping chickens) when the land-use changed, then that particular right may not have been retained.

At the very least you should contest the charge that they are not permitted due to the fact that the rules changed AFTER you acquired your land. This is a "taking" of your property, and you would be due fair compensation for your loss. This could actually end up being a very large pot of money that I doubt the city would want to pay.

I would NOT attempt to get a permit or variance (although keep that as a backup plan) when you should have the right to have them. If your arguments are agreed with, make sure you get it in writing. If the zoning people try to say that you haven't got a case, take it to the city attorney. Imply that you are more than willing to sue (regardless of whether you are or not). Attorneys do not like taking on a case that is sure to lose as it soulds like theirs would be.

 

[MysticScorpio82]

I will check into when the zoning was changed and see about being grandfathered. Thank you silkies. I will keep you updated