Told to remove Chickens!

[2MuddyBoots]

I am going to do my best to keep this short and sweet. I live in Goshen, Ohio a small town outside of Cincinnati. We purchased a home after I did research on Goshen Townships web page that states for my zoning I can use it for agricultural use aka poultry.(why we moved there!) My neighbors are cranky and horrible reported my chickens to zoning. Zoning calls me and tells me I am unable to use MY land for chickens since I have under 3 acres...

I KNOW>>>>keep in mind my coop is 100ft from my neighbors Now what? I want change. Where do I go what do I do?
Here are some links, I am still not convinced I am wrong in thinking it is allowed by definition of agricultural.
http://www.goshen-ohio.gov/communitydevelopment.cfm
zoning map and resolution for Goshen
I live in an R-3 low density to medium density residential.
any help would be so wonderful!
Hilary

 

[HEChicken]

From what I am seeing, you would need to apply for a conditional use permit, and it sounds like that process is a little cumbersome. I'm sorry.....

 

[fillmore]

i do this every day in the office, and its friday night.... still cant help myself and took a look.

quick review of zoning for r-3 turned up the exception for r-1 agriculture as a permitted use, meaning it shouldnt require conditional use approval as long as it meets the 100' setback and is non-commercial. it would be interesting to request they produce the particulars on the three acre rule. i couldnt find it in a quick review or document search.

 

[2MuddyBoots]

that is exactly where I am at with all of this, where is this 3 acre rule? I am planning to go to the zoning office ask them to show me in their information where this is. Is there another way to bypass zoning and deal with town council? Because it states they will not allow conditional use unless it is a hardship. Seems odd to be so hard to change something as simple as allowing backyard chickens.

 

[fillmore]

city council are virtually worthless. they write and pass local legislation that strips citizens rights and typically defer to planning/zoning for enforcement. based on whats available online, youre legal and using the property for its permitted use. id just ignore it, dont keep bringing it to the attention of the ahj, and see how it plays out. force their hand, or maybe it just goes away. if your neighbors dont have a legitimate gripe regarding the chickens, you may need to brush up on your legalese and conduct a full inspection on their place. find some dirt and fight fire with fire. it would be a wonderful world if everyone would just mind their own business as long as they arent being infringed upon.

 

[2MuddyBoots]

Thanks for all the insight fillmore you've really been of great help... My neighbors are undoubtedly the most grouchy people I have ever met. Everyone has reasons I get it, life can throw some home heavy weight on your shouders, but I would never set course to ruin someones way of life, to purposely stomp out their joy... I have such a sick feeling that are gonna pursue this, for no reason except that they have it in their head I can't have chickens and when I still do they will poke poke poke till someone dose something. Which is why I want to be ahead of the game. Under the definition for agriculture it says something about having agricultural value status for clermont county. Could the problem lie there? And is there a way for chickens not to fall under agricultral? I don't want to bring it to the attention of anyone but I don't like being wrong, at all, I want to be able to fight fire with fact.

 

[Kikiriki]

I am going to do my best to keep this short and sweet. I live in Goshen, Ohio a small town outside of Cincinnati. We purchased a home after I did research on Goshen Townships web page that states for my zoning I can use it for agricultural use aka poultry.(why we moved there!) My neighbors are cranky and horrible reported my chickens to zoning. Zoning calls me and tells me I am unable to use MY land for chickens since I have under 3 acres...  I KNOW>>>>keep in mind my coop is 100ft from my neighbors Now what? I want change. Where do I go what do I do?
Here are some links, I am still not convinced I am wrong in thinking it is allowed by definition of agricultural.
http://www.goshen-ohio.gov/communitydevelopment.cfm
zoning map and resolution for Goshen
I live in an R-3 low density to medium density residential.
any help would be so wonderful!
Hilary

Posting tis for others because it was not easy to find:

http://www.egovlink.com/public_docu...ocuments/Microsoft Word - 2008 Zoning PDF.pdf

7.03 Residential District Purpose
1. To protect and enhance the rural character of Goshen Township with special emphasis upon the preservation of natural landscape features including, but not limited to existing trees; and
2. To encourage preservation of agricultural purpose and utilization as provided in Ohio Revised Code 519.01 for preservation of rural character;
3. To appropriately situate low, medium, and high density areas around appropriate utilities and infrastructure to better serve the community;
4. To harmonize new residential development with surrounding areas and existing area densities.

7.06 Medium – Low Density Residential District (R-3)
The purpose of the R-3 District is to encourage the establishment of single and two family dwellings not to exceed one single or one two family dwelling per 20,0000 square feet in sewered areas and one single family dwelling per 20,000 square feet in unsewered areas.
A.
Permitted Uses
1. All uses permitted in Section 7.04 (A)
2. Two family Dwellings (per 20,000 square feet in sewered areas only)
3. Home Occupation

7.04 Suburban Estate Residential District (R-1)
The purpose of the R-1 District is to permit a degree of development of a rural non-farm nature in areas not expected to have public facilities in the near future. This district also allows the opportunity to satisfy individual housing preferences and shall permit not more than one (1) dwelling unit per 40,000 Square Feet
A.
Permitted Uses
1. Agricultural
2. Single Family Dwellings
3. Churches and other places of worship 4. Public schools
5. Home Occupations
6. AccessoryBuildings

Agriculture – The use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce provided, however, that:
1. The property has a Current Agricultural Use Value (CAUV) status at the Clermont County Auditor’s Office on the current Tax Bill.
2. The operation of any such accessory uses shall be secondary to that of normal agricultural activities; and
3. The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any dwelling.
4. The term Agriculture does not include the feeding of garbage to animals or the operation or maintenance of a commercial stockyard or feed yard.




Okay, it seems you should be able to be agricultural since you are zoned R3, but they restrict it in the four numbered bits right above. 1. is clear that you have to comply with that. 2. Means your main use is that of agriculural purpose. I do not know that they consider living in your house a normal part of agricultural use of land, but unless you are using your property for some other business you should be okay there. 3. Is just weird...what does that mean? That if your chicken coop is closer than 100' to any house you cant be agricultural? You state your coop is 100' from your neighbors house, but what about your own house? Can you put it 100' feet away from all houses? 4. Well...I doubt that applies in any way!

I included the purpose statement because it pertains to how you should approach this: ask for their help to ensure you are in compliance and include that statement in your request! They want to protect the rural feel of the township, and chickens are part of rural life! Nowhere did it state anything about three acres...only the property size for zoning designation and you have the R3 designation and that designation specifies the inclusion of agriculture.

An alternative is actually just calling it a chicken "kennel" which was not prohibited anywhere and which is just defined as housing for more than four animals. Chickens are animals and if you are not raising them for commercial purposes you might be able to argue that. They do define agriculture as including animal or poultry husbandry, so it seems that they do not consider chickens animals, but poultry, although the definitions did not include either word as an official definition. What someone breeds dogs or cats? Is that animal husbandry? Or do they mean large livestock? What about raising parrots or gerbils? When they fail to define, you can use that to your advantage.

 

[2MuddyBoots]

I just got off the phone with the clermont county auditor's office, I asked them about the current agricultural use value point. She looked up my house and said that the CAUV is a tax bracket that's purpose is to give farmers a break on Taxes. The two options to be eligible for it is to:
have 10 acres and a house or to prove 2500 dollar yearly agricultural income. I explained my purpose for this information and she echoed my confusion in why some backyard chickens would have anything to do with needing a CAUV. I specificly asked if there was anything in her papers about 3 acres, she said no just the above stated items. Her suggestion was to have an attory look it over and write them a letter stating his finding and that i am conforming. She also said 'if you want to have chickens for pets you should be allowed to have chickens for pets! It is your land you pay for it you not them. Good luck and power to the people!' nice to have so many echo what I feel. Especially the point on of the purpose statement, That point is the most powerful to me as I think that banning backyard chickens would be compleatly against the pourpose stated for the land. So do I go to zoning with all these points? Do I find an attoney? What if they use the CAUV As a way of banning the chickens? Is there another way to change this. I am happy to comply and fight this for the long haul, I really think I have facts and reality on my side. I am educated and involved in our comunity though our church, a stay at home mom and a good citizen, why they would be so irrational over this? I have no idea. I kinda feel my neighbors know the lady in zoning, seems probable.

 

[2MuddyBoots]

went to zoning today.., I just typed it all out and phone froze and I lost it all... So here it goes x2
, asked to be show in papers where the 3 acre rule is , she points to SAME exact material above and says it's all right here, I read it back to her and said no it's not. She pulls out a 3 ring binder of FAQs and under the question 'can I have horses cows or other farm animals' it reads only if you have more than 3 acres. She says see it's all right here .... I state she may have interpreted it that way but it is not stated in the zoning papers... She gose on and on and interrups me over and over...'the chickens have to go.... It's all right here plain as day... I already told your neighbors the chickens would be gone' (whom I confirmed she personally knows). She even references at one point how she has 2 acres and her granddaughter wanted a pony and she siad no, no way because they would be allowed to due to not having 3 acres.... To even be compared to a CHILD WANTING A PONY!!! I am a mother of two, I run a household, and a childrens ministry sans pay, I am college educated and college recruted, acomplished athlete! For goodness sakes this is no where in the realm of a child wanting a pony. Blah! So I'm not getting through to her so I go on to say 'ok that's how you interpret it, lets say I never had chickens but I would like to pursue the idea of presenting a proposal that allows goshen to allow chickens under percise terms they choose such as no roosters and distance from dwelling.. Etc etc.' she shoots me down says ultimately wherever I took it they would have to refer to zoning officer and they would say no. Many other things were discussed but basiclly she was pig headed and didn't hear a thing I said or tryed to prove.
Went home told my hubbie I'm right she's going by a FAQ not official paper, he gose down there in his uniform (he is a state corrections officer for a big prison) and says send us a certifed letter with documentation of what we are violating. She tried to go on and on I told your wife... It's all right here.. He says I don't need a recap o your conversation. Send me a letter with documentation of what we are violating. And out he went.

shew! So there you have it we will see what happens in next few days. Could use CAUV point to validate removal, and I will go from there,

 

[fillmore]

supplementary faq is not legal code. one would think it should be based on reality, but ive seen weirder things. zoning lady sounds unqualified since she cant explain the law to you outside pointing at cliff notes. the tax code just appears to be loophole that qualifies property owners (farmers) for a tax write off, which youre not applying for. i think shes just doing her friends a favor. maybe it goes away now that you requested formal written notice. what are the odds anything would even be enforced? penalties? fines? call me a scofflaw, but id ignore it and carry on until i received something in writing.