The fight to keep chickens in various zones

[bokbokbacok]

In my research of surrounding areas of zoning laws particular to chickens I came across an old thread here: https://www.backyardchickens.com/t/186115/pennsylvania-right-to-farm-act-help

My husband and I live in an AGRICULTURAL district of Fairview, Pa. We are zoned A-1 and received a rude awakening when the local zoning officer tresspassed onto our property and made an assessment based on a neighbor's complaint. 2 days later we received two zoning violations regarding the keeping of our flock of chickens and 2 goats as well as the keeping of an antique Farmall tractor. We were told we were not allowed to have the chickens and goats on our 3acre agricultrual lot and that the storage of the tractor was a violation of a junkyard violation. Making this very long story short....the violations were bogus and they were dropped. The bigger picture is this...our township as heavy handed and way too involved with people's doings. We obtained a lawyer, probono and found that the state did come down on our township and told them THEY were in violation of the state's farming act laws and others. They were told to rewrite the ordinances or to rezone. Because our family was targeted specifically, we have the weight of the entire zone on our shoulders and have gone public. We have been interviewed several times by local media and have requested public hearring on the zoning issues. Our first hearing was Friday June 8 and another is scheduled for June 17.

The problem is that our township is trying to govern too much and take the rights of the ag communities away. It has been a difficult battle but we are trying to educate them on the growing trend of self sufficientcy nation wide with homesteading and hobby farming, growing your own foods and keeping chickens. We have been met with support and hostile opposition. I personally feel it is a matter of educating. PLEASE, follow our family blog for detailed information at www.ecohomesteads.com and if you are like minded and would like to see the ag districts left alone and allow the rural districts the opportunity to keep a hen or two...please voice you oppinions and give the township informed education to the keeping of chickens, the size requirements for a single hen, two hens, or 3, or any information that you feel would benefit the communities desire to keep chickens. You can do this by emailing the township at [email protected] or take a look at their proposed ordinance mess at their main site. http://fairviewtownship.com/view_news.asp?record id=273 We REALLY could use all and any support. This wasn't just about our little homestead as our violations were DROPPED. Its about a bigger picture and allowing those who farm in ag districts alone and to give the opportunity to other to have a little bit of that experience in their backyard!
Thank you! Jodie Pastor

 

[bokbokbacok]

Btw, the neighbot complaint was valid. I was free ranging and one of my hens slipped under the fence and went into her flower bed. As soon as I found her missing I did my search and the neighbor was outside trying to catch her. I appologized and the neighbor commented that it was ok, she was just surprised to see a chicken in her back yard. If she had been upset or given me concern I would of course tried to fix the situation. Little did she know what was to follow with her simple phone call.

 

[PeacockMan]

I am wondering who your neighbor thought it necessary to make her "simple phone call" to and why.

 

[bokbokbacok]

I know...the tough part is that our ag lot is next to a subdivision. And some in a subdivision do not want to see,hear,or smell animals. (Ours are well kept btw!). Out family has owned our property since the early 70's and watched the subdivision come in lol. Others in the subdivision want to have a hen or two. Others want nothing to do with it.

 

[bokbokbacok]

 

[Sonoran Silkies]

First, you need to find out exactly what protections your state's right to farm law gives you and others in agricultural districts. Then you need to see what the zoning requirements were when you first moved into your home--that is probably a bit more difficult. And you need to know your city's written method for handling non-conforming uses (grandfathering). Were you a part of your city when you purchased, or were you later annexed?

My suggestion for addressing the zoning uses for your district is to see what the state allows for, and that the state's statutes be a MINIMUM of what is allowed, and that the state statute needs to be mentioned in a general manner (something along the lines of "anything that the state allows is allowed," and in addition whatever else you want to see included.

Differentiate between large scale commercial and family agriculture. I am fairly sure that operating a feed lot or a large egg farm on three acres is not appropriate, but pasturing a few cattle/goats/sheep or a good-sized flock of chickens IS reasonable. There needs to be a means of measuring the use based upon the amount of land. The adjoining subdivision should not be any part of it (other than they may need to have their own zoning uses reviewed). Their protection is reasonable nuisance ordinances: noise, odor, pests, and prevention of these may be covered in your state laws. Reasonable needs to be looked at from an agricultural perspective, since you are zoned Ag.