URGENT: San Diego zoning question / "single family unit" designation

[CarlyLu]

Anyone in San Diego who can help answer: I live in a single family unit dwelling in an "RM" zone (residential, multi-family units permitted with density restrictions). This means that both single and multi-family dwellings are allowed. The city inspectors are now trying to claim that because this zone is called "multi-family", I am not allowed to keep chickens because the ordinance reads:

"Keeping or maintaining chickens located on a premises zoned for a single dwelling unit, developed with a single dwelling unit, developed with a community garden in accordance with section 141.0203, or developed with a retail farm in accordance with section 141.0505, is subject to the followingrequirements....."

A reasonable interpretation of this would be that your zoning allows for single dwelling units, not that it is zoned exclusively for single dwelling units.

Does anyone have info that I can use here, or examples of precedents?

This whole thing only came up because a man universally despised in the neighborhood complained about my parrots -- not chickens -- whistling the the afternoon. The noise abatement division then found out I had chickens and wanted to inspect the premises for zoning compliance with set-back rules. Now they're trying to say that because this is an RM zone it does not qualify as "zoned for a single dwelling unit".

Help! I already have to get rid of my rooster now, who neighbors never heard because I had built a virtually sound-proof, darkened coop they stay in until 10 am.

I have 3 banties: one black silkie hen, one red cochin hen, and one red cochin rooster (looking for a home

) We have a large yard, coop is within setbacks, and no complaints.

If you are in SD and have info I can use, please call or text me at 858-699-8368.

Lucy Bee, Eliza Doo, and Bertie:

 

[ChickenCanoe]

Sounds like a trip to city council. Ask them to clarify that the intent of the law was to preclude keeping chickens in multi-family housing and not single family homes.

 

[CarlyLu]

Just spoke to city guy and he is sticking by "RM" meaning multi-family, no chickens. Two doors down from me it changes to "RS" single-family-only zoning.

If I take it to the council, what do I do with chickens in the meantime? ("officially" that is...) Am I allowed to keep them pending appeal?

 

[ChickenCanoe]

Depends on the city but normally not. I work with a lot of cities (in fact attending a meeting tonight). Often they use any possible loophole to prevent people from keeping chickens.
There should be a lot of chicken keepers in SD.
Try joining this group and get them motivated to visit city council meetings for you.
http://www.meetup.com/homesteaders-50/

 

[CarlyLu]

Thanks. I just joined to see if they have any recommendations.

 

[CarlyLu]

WOW. I wrote to the office of the city councilperson who initiated and passed the chicken ordinance in San Diego, Todd Gloria. Within 2 hours I had a reply from a Senior Planner at the City. I was right! I can have my chickens!!


Quote:
Below is the email I sent to Councilman Gloria:

From: Raz Rasmussen [mailto:[email protected]]
Sent: Tuesday, July 16, 2013 2:43 PM
To: Councilmember Todd Gloria
Subject: San Diego Backyard Chicken Ordinance

Dear Councilman Gloria,

I was thrilled when San Diego, under your leadership, adopted the ordinance allowing the keeping of backyard chickens. I am writing to inquire about the intention/interpretation of the provision that states:

"Keeping or maintaining chickens located on a premises zoned for a single dwelling unit, developed with a single dwelling unit, developed with a community garden in accordance with section 141.0203, or developed with a retail farm in accordance with section 141.0505, is subject to the following requirements, except that section 42.0709(e) shall not apply to single dwelling units located in agriculture base zones."

I was recently informed by Eric Picou, zoning investigator for the Neighborhood Code Compliance division, that my single-family dwelling is not allowed to keep chickens because it is in an "RM" zone (multi-family units allowed with density restrictions). I live in a Bay Park neighborhood that is primarily single-family homes, with a small section of multi-family units in one small area. My property is at the south edge of the RM zone (2444 Chicago St.) where there is one apartment complex on the north corner of the block.

My reading of the requirements for keeping chickens is that they must be in a zone that allows single-dwelling units, housed according the the rules in the ordinance, not that they must be in a zone that allows only single-dwelling units. However, because the RM zoning extends into the single-family homes (which have been here since the 1950's), the code is being implemented so that I am subject to the restriction intended for multi-family residences. I have a large yard, coop that is in compliance with regulations, and have received no complaints about the chickens.

Is this an oversight in the wording of the ordinance, or is the intent of the regulation that some single-family units, in dominantly single-family neighborhoods, are not permitted backyard chickens? Also, I am curious why this property is zoned "RM" when it is only the corner lot on the block that is multi-family. I would like to pursue any options to remedy the situation.

 

[FridayYet]

Hooray!

Nice job with the e-mail.