Troy, Ohio Help and Advise Wanted to keep my chickens!

[AngryHippie]

Yesterday I receieved a letter in the mail saying the following:

The City of Troy recently received a complaint that chickens are being raised in the rear yard of address. A follow up inspection by the City on 09/05/08 confirmed the existence of a coop with several chickens. This is a violation of the zoning code.

Webster's Collegiate Dictionary defines "Animal Husbandry" as a branch of agricultre concerned with the production and care of domestic animals. Animal Husbandry, including structures necessary to carry out such operations are considered agriculture use according to Section 1000.00310.3, and are not a permitted use in residential districts. Your property is zoned R-6, Two Family Residential. Agricultural uses are permitted in A, A-R, M-1, M-2, and M-3 Districts.

The City of Troy herby notifies you to comply with the Zoning Ordinance by 09/22/08 and remove the coop and the chickens to a district in which such uses are permitted. After this date the owner will be cited for non-compliance and the City may seek legal action without further notice.

Should you have any questions regarding this matter, please call this office at 339-9481 or visit us at www.troyohio.gov.


At the top of the letter there was also a picture of the "coop" which is simply a dog house, the funny thing is, in order to take this picture the City worker would have had to trespass onto my property and probably into my back yard. Also, in reading this notice am I correct in thinking that since no exceptions are made; ALL domestic animals are illegal, or is this simply saying that I need to get rid of the coop?

I need help and advise to try to keep our pets if at all possible. We are not using them for food, only for entertainment. I have a feeling someone "complained" after our Silkie rooster started crowing, which we thought was a hen until about a week and a half ago. I guess I should have rehomed him when we first found out, but I am afraid of giving him to someone that would use him as food. We are planning on getting rid of him, but we're afraid it may be too late to save the other 3 hens at this point.

Help!

 

[SewingDiva]

Well, the first thing to do is to read the actual code itself, and since they referenced it in the notice you'll know exactl which one to look for.

Have you looked on line yet?

Phyllis

 

[KrisRose]

Check to see if you have a " Right to Farm" bill in Ohio. It might help you.
Also talk to the ordinance officer, it might be the rooster is the problem and they might drop it after he is gone.
Good luck.

 

[AngryHippie]

Quote:
I looked it up online the day I got the notice, here is the full text:

000.00310.03 AGRICULTURAL USE

The use of a tract of land for growing crops in the open, dairying, animal husbandry, pasturage, horticulture, floriculture, and necessary accessory uses, including the structures necessary for carrying out farming operations and the residence of the person who owns or operates the farm, and the family thereof; provided, however, such agricultural use shall not include the following uses:

(A) The maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning districts in which such uses are expressly permitted;

(B) Wholesale or retail sales as an accessory use unless the same are specifically permitted by this Zoning Code;

(C) The feeding of garbage to animals, or the operation or maintenance of a commercial stockyard or feed yard.

 

[AngryHippie]

Quote:
I talked the the City Planner that sent out the letter today and she said that someone did in fact complain because of the rooster. She reiterated the fact that the city does not allow poultry in residential areas. I did say the the rooster is being removed and rehomed and she said when you remove the rooster or "whatever", to please send her a letter so that she can close out the case. I'm wondering if they will reinspect to see if we removed the rooster, or if they will look the other way.

Regardless, I imagine that the next step is to actually try to change the zoning law to include the right to own poultry in residential areas.

 

[miss_jayne]

not to be snarky, but checking the ordinance should have been your first step. so many posts about this issue, from many folks.

regardless of our wants, there are always rules of some sort. sorry for the trouble you are experiencing!

 

[AngryHippie]

Quote:
I did check the ordinances and fowl are allowed in the city, I confirmed this before I ever got them, what I didn't realize was the zoning issue; and no one ever discussed this.

 

[miss_jayne]

unfortunately, zoning issues are up to us to find out. gosh, that's rough. there's got to be an answer somewhere!

 

[AngryHippie]

Quote:
Yeah, this is our first house, so it has been a learning experience all the way around. She did say "we allow native species to Ohio of animals", and when I said "so if I kept Buckeye chickens since they're native to Ohio" she said "uhh...umm...that's not my department" Go figure. I'm lucky enough that one of our council men is a fairly decent acquaintance as well as the mayor. So I e-mailed our council men, and I'm waiting on a reply.

 

[miss_jayne]

at least you have a positive attitude and trying to take the right measures.

we are blessed to live in agriculture-land. our house papers actually had a statement about expecting smells, sounds and no time limits on working on land! how cool is that. (at least i know my neighbors can't freak out over all our chickens!)

i surely wish you the best and God bless you and your chickens!