- Apr 29, 2013
- 4
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I live in Rome, GA, a smallish town that ten years ago adopted a "unified land development code" that states "no livestock" inside the city limits on residential property. We went through a months-long process of trying to get a special use permit to keep our four hens for educational purposes because we homeschool our children. We had the hens for three years when our neighbor, who was aware of them the whole time, suddenly reported them rather than telling us she no longer liked them going - on occasion and under our supervision - onto the edge of her property (a strip of land about 6 feet wide from her property line to her fence).
It became a huge issue with all the elderly neighbors getting riled up and writing letters of opposition - all based on unfounded fears, of course, like "we're going to become one big barnyard" and disease concerns, but mostly just "it's the law, and this family is a bunch of lawbreakers!" The city actually looked at it from a standpoint of making a chicken ordinance in the city. The suggested one - at first - was good. But then some of the council members added in a land area requirement to be considered for all permits for chickens. Four of the commissioners voted for hens to be allowed on all lots that are 12,000 sq ft and larger - which is a great start, because that covers most of our town's residential lots. However, five voted against this and instead changed it to 30,000 sq ft (.69 acre) which passed 5-4. Then they voted us down because we only have 1/3 acre. The .69 acre suggestion makes it so very few - maybe only 20some percent - of the city residents have lots that would qualify. However - they also have a 30 foot buffer from property lines as part of the suggestions. We can actually meet this buffer - but the lot size excludes us. I would love to be able to make a case for discrimination (why can somebody who can afford 30,000 sq ft be able to put his coop 30 feet from his neighbor's property, but I am not allowed to on less land even though it is physically possible?), but realistically couldn't pay a lawyer to fight the city. Anyway, I have learned firsthand what the phrase "you can't fight city hall" means. One commissioner offered to meet with me to answer my questions but then backed out, saying I could email my questions, and now they are being ignored. Another made what I believe to be a false claim (that a large number of children have died from salmonella in backyard hens specifically) refuses to provide the source for this "research" of his.
Anyway, one commissioner who voted against us at least gave us a verbal "generous amount of time" to find a new home for our hens. When asked what that meant, he said, "90 days?" It has now been 90 days. The neighbor who complained in the first place - her daughter told me after the final vote that "they didn't mean for this to go so far" and that they "wouldn't say anything else - are the people who live behind you okay with you having chickens?" I don't trust her on this though, as her mother and another neighbor have said she's bipolar. We have a six foot privacy fence on that side now, so they can't see them at least.
The commissioners themselves admitted that this is "citizen enforced" and that they don't do anything unless a complaint is made. This all really makes me want to keep them - the fact that it was so close of a vote, what the neighbor said, and the fact that the no votes were pretty uninformed and were voting to "keep up appearances" because they think the town should be run like a neighborhood homeowner's association. But does that send the wrong message to my children - that we break local codes because they are poorly written - and we disagree with them? I want them to respect authority, but I also want them to think for themselves and learn the value of families doing for themselves, taking care of their own health and nutrition on a small scale, and to value personal property rights.
Funny thing is, our neighbor six houses down wants to take them for us. We can give them away and then it is no longer our propblem, and he can pick the fight back up if somebody reports him.
It is just hard to decide what to do... I hate feeling controlled by my own neighbors and ignored by some of the local elected officials. And the energy to try to keep up a grassroots effort of involvement is exhausting!
Any tips on what to do to continue the fight, the ethical implications of ignoring or complying with the code, or whether there is a chance that legal action might work in terms of the discrimination angle?
It became a huge issue with all the elderly neighbors getting riled up and writing letters of opposition - all based on unfounded fears, of course, like "we're going to become one big barnyard" and disease concerns, but mostly just "it's the law, and this family is a bunch of lawbreakers!" The city actually looked at it from a standpoint of making a chicken ordinance in the city. The suggested one - at first - was good. But then some of the council members added in a land area requirement to be considered for all permits for chickens. Four of the commissioners voted for hens to be allowed on all lots that are 12,000 sq ft and larger - which is a great start, because that covers most of our town's residential lots. However, five voted against this and instead changed it to 30,000 sq ft (.69 acre) which passed 5-4. Then they voted us down because we only have 1/3 acre. The .69 acre suggestion makes it so very few - maybe only 20some percent - of the city residents have lots that would qualify. However - they also have a 30 foot buffer from property lines as part of the suggestions. We can actually meet this buffer - but the lot size excludes us. I would love to be able to make a case for discrimination (why can somebody who can afford 30,000 sq ft be able to put his coop 30 feet from his neighbor's property, but I am not allowed to on less land even though it is physically possible?), but realistically couldn't pay a lawyer to fight the city. Anyway, I have learned firsthand what the phrase "you can't fight city hall" means. One commissioner offered to meet with me to answer my questions but then backed out, saying I could email my questions, and now they are being ignored. Another made what I believe to be a false claim (that a large number of children have died from salmonella in backyard hens specifically) refuses to provide the source for this "research" of his.
Anyway, one commissioner who voted against us at least gave us a verbal "generous amount of time" to find a new home for our hens. When asked what that meant, he said, "90 days?" It has now been 90 days. The neighbor who complained in the first place - her daughter told me after the final vote that "they didn't mean for this to go so far" and that they "wouldn't say anything else - are the people who live behind you okay with you having chickens?" I don't trust her on this though, as her mother and another neighbor have said she's bipolar. We have a six foot privacy fence on that side now, so they can't see them at least.
The commissioners themselves admitted that this is "citizen enforced" and that they don't do anything unless a complaint is made. This all really makes me want to keep them - the fact that it was so close of a vote, what the neighbor said, and the fact that the no votes were pretty uninformed and were voting to "keep up appearances" because they think the town should be run like a neighborhood homeowner's association. But does that send the wrong message to my children - that we break local codes because they are poorly written - and we disagree with them? I want them to respect authority, but I also want them to think for themselves and learn the value of families doing for themselves, taking care of their own health and nutrition on a small scale, and to value personal property rights.
Funny thing is, our neighbor six houses down wants to take them for us. We can give them away and then it is no longer our propblem, and he can pick the fight back up if somebody reports him.
It is just hard to decide what to do... I hate feeling controlled by my own neighbors and ignored by some of the local elected officials. And the energy to try to keep up a grassroots effort of involvement is exhausting!
Any tips on what to do to continue the fight, the ethical implications of ignoring or complying with the code, or whether there is a chance that legal action might work in terms of the discrimination angle?
