Our Lil' Acre

Our Lil' Acre

Thursday, April 16, 2015

Uh Oh Fox in the Hen House, Unaware That Ohio Agricultural Laws Trump Township Zoning...


Our Chicken Church!! 
Chicken Daddy Kansas aka The Builder
Welcome Ya'll!!! We started this lil' blog to keep you guys up to date on all the fun and exciting things happening around our lil' neck of the woods.

So, I wanted our first post on our new blog GOD'S LIL' ACRE to be about our cute little broody chicken. Well, we'll include the good with the bad in this one! Sometimes you have a rough start but when God calls you to do something, you do it! 



The Zoning Police have made their move... :) This should be fun! 

Courtesy Violation Notice




*sigh* dear Lord, I thank you for protecting us and giving us the strength to walk in kindness and love for not only is the law of God on our side but so is the law of man... at least in Ohio.

Someone complained about our property.One of our elderly neighbors has been going around talking about how our yard used to look so nice (ie, perfect lawn) and now it's a "jungle."  We LOVE this neighbor. He has been so kind to us in the past.

He needs to know Jesus!! :) He wasn't the one who called but we think we know who did. It's really kind of sad but actually it's been a motivation to high tail a bunch of spring clean up we've had on the list to do anyway!!

 A few of the girls enjoying a morning treat of leftovers!
We will comply with the citation as much as possible... need to put the plates on Matt's trailer, clean up some wood in the back.. but the 2 things they want us to take down- the chicken coop and the carport used for agricultural purposes, they're gonna stay.
Meet Our Lil' Girl Jasper the Husky who loves the garden!

Sydney our Border Collie guards the chickens! 
We were cited for nick picky things but when I called the officer, HE WAS SO NICE!! He didn't want to cite us and told me to ignore the citations until we spoke to the township zoning head.

Really, we have nothing to worry about, and if you live in Ohio, you might have more freedom than you thought. Of course, as a blue blooded AMERICAN, we ALL have the right to life, liberty, and to do whatever we want on our own property, ESPECIALLY when it comes to living green, protecting the environment, and raising organic, free range animals and vegetables to combat the chemical laced products they try to peddle to us in the grocery store! Listen, I get it Mr. Neighbor(s)... winter has been rough on all of us and our yard could use a good cleaning up. Believe me, we love clean nice landscaping just as much as you, but we differ on what has to be planted to look "nice." See, I believe that gardens should be both aesthetically pleasing and serve a purpose. When faced with choosing between the two, I'm going to have to choose, "serving a purpose, " such as providing food or natural medicine for me and my growing family!



Just me being silly in the garden! 
After having a huge successful garden for several years, last year we decided to take the plunge and get some backyard chickens.We love them!! We knew that chickens weren't technically "legal" in our township but we had talked with our township admin, Lou, and after several meetings over 2 yrs he said "You know what, just go ahead and get them. If your neighbors say anything, send them to me." All the cities around us allow chickens, even the small town of Milford right next door. It costs a lot of money to get zoning changed and we were promised for 2 yrs that the township was working on it to make it happen and that people went to the township every week to ask about getting chickens.

Now, I've been studying this Ohio Ag Law for about 3 yrs. I finally have come to some basic understandings as to what exactly it means for those who live in townships in Ohio.

All agricultural activities are exempt from Ohio Zoning... but then there are some "buts and unlesses" in there...

Here's the Law I'm talking about

519.21 Powers not conferred on township zoning commission by chapter.

(A) Except as otherwise provided in division (B) of this section, sections 519.02 to 519.25 of the Revised Code confer no power on any township zoning commission, board of township trustees, or board of zoning appeals to prohibit the use of any land for agricultural purposes or the construction or use of buildings or structures incident to the use for agricultural purposes of the land on which such buildings or structures are located, including buildings or structures that are used primarily for vinting and selling wine and that are located on land any part of which is used for viticulture, and no zoning certificate shall be required for any such building or structure.
(B) A township zoning resolution, or an amendment to such resolution, may in any platted subdivision approved under section 711.05 , 711.09 , or 711.10 of the Revised Code, or in any area consisting of fifteen or more lots approved under section 711.131 of the Revised Code that are contiguous to one another, or some of which are contiguous to one another and adjacent to one side of a dedicated public road, and the balance of which are contiguous to one another and adjacent to the opposite side of the same dedicated public road regulate:
(1) Agriculture on lots of one acre or less;
(2) Buildings or structures incident to the use of land for agricultural purposes on lots greater than one acre but not greater than five acres by: set back building lines; height; and size;
(3) Dairying and animal and poultry husbandry on lots greater than one acre but not greater than five acres when at least thirty-five per cent of the lots in the subdivision are developed with at least one building, structure, or improvement that is subject to real property taxation or that is subject to the tax on manufactured and mobile homes under section 4503.06 of the Revised Code. After thirty-five per cent of the lots are so developed, dairying and animal and poultry husbandry shall be considered nonconforming use of land and buildings or structures pursuant to section 519.19 of the Revised Code.



Ohio Agricultural Law Explained by Peggy Hall



Ohio Revived Code 519.21

Montgomery, OH makes sure chickens are allowed! 


How Montgomery, OH changed their chicken laws and you can too!






Appendices
Appendix A: Chicken Ordinances in Neighboring Communities
Suburb Source OrdinanceBlue Ash http://www.blueash.com/content/81/91/99 745-8500"Suburban farms" used for for "poultryhusbandry" must be 5 acres but don'tdefine poultry husbandry, so this would"likely be handled on a case-by-case basisif complaints were received." Nocomplaints.Deer Park 794-8860 Chickens allowed so long as they'recontained and don't create a nuisance.Have considered add'l ordinances butdecided current ordinances are sufficient.They've had households keep chickens,have had no complaints.Evendale http://www.amlegal.com/evendale _oh/Chickens permitted so long as they arecontained (618.01) and don't create anuisance (618.13 & 618.17.)Fairfield http://www.conwaygreene.com/f airfield.htmChickens permitted on lots of three acres orlarger (505.01) so long as they don't createa nuisance (505.08) or noise (505.09).Glendale http://www.glendaleohio.org/ordinances.htmlChickens permitted so long as they arecontained (91.08) and don't causeannoyance (91.04).Indian Hill http://www.amlegal.com/indian_hill_oh/Chickens permitted under county and statelaws.Loveland http://www.conwaygreene.com/loveland.htmChickens permitted so long as they don’tcreate a nuisance (505.08).Madeira 561-7228 272-4214Chickens are kept in Madeira by multiplehouseholds with ZERO complaints,according to a city employee. Chickenspermitted as long as they don't createodors or unsanitary conditions and are notkept for strictly commercial purposes.Mason http://www.amlegal.com/library/oh/mason.shtmlChickens permitted so long as they arecontained (505.01), don't cause a nuisance(505.08) or excessive noise (511.06), andany building used to house them is 100'from every lot line (1147.03).Milford http://www.milfordohio.org/council/ordinances.html831-4192Chickens allowed so long as they'recontained (505.01), treated humanely(505.07), and don't create a nuisance(505.08).

Montgomery http://www.amlegal.com/montgomery_ohChickens permitted so long as they arecontained (90.01) and don't create anuisance (90.08.)Mt Healthy http://www.amlegal.com/mthealthy_oh/Chickens must be contained (90.01) andkept 100 ft from neighboring homes(95.07).Norwood http://www.conwaygreene.com/norwood.htmChickens prohibited within the city limits.(505.15)Reading http://www.amlegal.com/library/oh/reading.shtmlChickens permitted so long as they arecontained (618.01), don't create a nuisance(618.13), and are 50' from the propertyline and any residence (618.16).Sharonville 563-1144 Chickens may be kept on lots of 20,000 sf (about a half acre) or larger providedthey're 50 feet from the lot line.Silverton www.amlegal.com/silverton_oh936-6240Chickens permitted if contained (90.01)and kept 200' from the lotlines (153.032).Springdale http://www.amlegal.com/springdale_oh/ 346-5700Chickens allowed on lots of at least threeacres and at least 100 feet from alladjoining residential lot lines (153.496) aslong as they're contained (90.01) and don'tcreate noise (90.03).St Bernard http://www.conwaygreene.com/stbernard.htmChickens permitted so long as they arecontained (505.02) and don't create anuisance (505.10 & 505.18).SycamoreTshp791-8447 Seems to be saying zoning certificate isrequired to keep chickens on any lotsmaller than 5 acres (3-8), and thenchickens are permitted so long as they'rekept 100 feet from any lot line (3-9.4b).SymmesTshp683-6644 Chickens permitted under county and statelaws. One complaint regarding noiseassociated with a rooster.Terrace Park http://www.amlegal.com/terracepark_oh/Chickens allowed so long as they'recontained (90.01) and don't cause anuisance (90.16).Wyoming http://www.conwaygreene.com/wyoming.htm821-7600Chickens kept by multiple households,according to Wyoming Farmers' Marketasst mgr who herself keeps chickens inWyoming. Chickens permitted as long asthey don't create a nuisance (505.08 & 505.09) and are not kept for strictlycommercial reasons.


4 comments:

  1. I am so sorry that anyone has complained about your endeavors at Wolfpen Acres. Adrian and I have no issues with anything that you are doing and look forward to each new adventure and accomplishment. The grandkids love the chickens and the eggs are wonderful. I was so excited when they first started laying eggs when you were on vacation as you well remember. You would have thought that I gave birth to the egg myself! I am actually jealous that I we didn't know great Christian folks like you back when we were younger and more full of energy. We may have turned our half acre into something useful also.

    ReplyDelete
    Replies
    1. Awwww!! Thanks Cathy!!! Thanks lady! You know, we are happy to get out there and make things nice and spiffy wherever we can. Our yard is like fine art...lol it takes "refined taste" such as yours! Really, most people enjoy what we are doing and I can't tell you how much we appreciated your love and care for our little babies while we were gone! I'm soo glad they laid their first egg for you. I think it was the girls' way of saying "thank you lady, you are now part of our flock!" It was so reassuring while we were gone to know you took such good care of them. Michelle and I are petsitters but have never left an animal with anyone else and I was surprised at how calm I was knowing you were taking care of them!! It's so encouraging to have great Christian friends and neighbors to share all God is doing! Thank you both for being such a light on your lil' half acre!
      I hope you plant your tomato and lettuce plants again this year! We will water them when you are away. :)

      Delete
  2. So, we've gotten some really nice comments on fb that I'd like to share!
    O. M.Complaining neighbors need to learn to keep their mouths shut and mind their own business. I'm sure they have plenty that you could complain about...besides their mouths.

    Best of luck to you and your family from our little homestead in Northwest Florida! I sure hope they leave yall alone and let you be good people in peace. It's crazy how far away from our roots people have gotten and would prefer a monoculture lawn over a beautiful garden. I vote for the garden and the chickens and all the other fun farmy, self-sustainable, non-gmo, chemical free, gifts of nature. Yall hang tough. You'll win this thing, because it's the right thing.
    V.B Best of luck to you and your family from our little homestead in Northwest Florida! I sure hope they leave yall alone and let you be good people in peace. It's crazy how far away from our roots people have gotten and would prefer a monoculture lawn over a beautiful garden. I vote for the garden and the chickens and all the other fun farmy, self-sustainable, non-gmo, chemical free, gifts of nature. Yall hang tough. You'll win this thing, because it's the right thing.

    J.H. Good luck Leah Svensson. You are fairly close to me. I used to take a cat to Milford for internal medicine vet.

    L.B. I wish the city people would stay in the city.

    J.B. ^^ YES build up, not out!

    C.K. At least you have fresh eggs to throw at their house...

    A.M. Leah I am in Ohio too. I have to go out of town for a few days, will be back mon or tues. I'd love to chat with you. We are in a similar situation.

    V.B. Leah, we do gotta stick together! I'm with Chip! Let's all go egg his house. hahahahah... I'm just teasin', but it's fun to think about. hahahah... I'm sorry you're having to deal with all of this. You'll get it done and the world will be a better place because of your efforts, hardwork, and perserverance. Plus, yall are doing the right thing. Mr. Grumpy Pants just isn't seeing things clearly and doesn't feel compelled to think outside of the box. What you're doing is sort of a paradox. Simple and complex all at the same time. Simple because you are going back to the root and beginnings of our food source and production(bread of life) and complex because you have the option to pick the easy, most acceptable, most mainstream choice and you're are not. Which, to my thinking, is to live like every other monoculture suburbanite. So many really amazing people haven't figured out what the bad powers that be are doing to our food supply. I'm just now finding all of this out, too. I just got my honeybees and now I find out that the blueberry bushes I bought for them at Lowe's were probably sprayed with neonicitinoids(did I spell that right?) Ignorance really was bliss, lol. We crazy chicken lovin' , earth-friendly crazy people don't have it so easy, it seems. Girlie, I am having a hard time trying to go the organic, green route. It's hard! Lol. I sure do feel more at peace though. I'll definitely be following your battle. You can do it!!!! Sorry to talk your ear off. Coffee just kicked in and I'm Chatty Cathy!

    B.B. Leah, we have the same problem. We live on 10 acres of what used to be my great grandparents farm. There is a high scale housing development all around us, but they can't do anything about our livestock because we were here first and are grandfathered in. We have horses, a pig, chickens and a donkey. When our horse gets out they call the sheriffs office instead of coming to our door to let us know. We are the "hillbillies" or "rednecks" to them. But guess what? We are not leaving, my family has been here since the 1800's when they farmed the land with horses. Our land and house are paid for so we won't be leaving anytime soon!

    ReplyDelete
  3. So, we've gotten some really nice comments on fb that I'd like to share!
    O. M.Complaining neighbors need to learn to keep their mouths shut and mind their own business. I'm sure they have plenty that you could complain about...besides their mouths.

    Best of luck to you and your family from our little homestead in Northwest Florida! I sure hope they leave yall alone and let you be good people in peace. It's crazy how far away from our roots people have gotten and would prefer a monoculture lawn over a beautiful garden. I vote for the garden and the chickens and all the other fun farmy, self-sustainable, non-gmo, chemical free, gifts of nature. Yall hang tough. You'll win this thing, because it's the right thing.
    V.B Best of luck to you and your family from our little homestead in Northwest Florida! I sure hope they leave yall alone and let you be good people in peace. It's crazy how far away from our roots people have gotten and would prefer a monoculture lawn over a beautiful garden. I vote for the garden and the chickens and all the other fun farmy, self-sustainable, non-gmo, chemical free, gifts of nature. Yall hang tough. You'll win this thing, because it's the right thing.

    J.H. Good luck Leah Svensson. You are fairly close to me. I used to take a cat to Milford for internal medicine vet.

    L.B. I wish the city people would stay in the city.

    J.B. ^^ YES build up, not out!

    C.K. At least you have fresh eggs to throw at their house...

    A.M. Leah I am in Ohio too. I have to go out of town for a few days, will be back mon or tues. I'd love to chat with you. We are in a similar situation.

    V.B. Leah, we do gotta stick together! I'm with Chip! Let's all go egg his house. hahahahah... I'm just teasin', but it's fun to think about. hahahah... I'm sorry you're having to deal with all of this. You'll get it done and the world will be a better place because of your efforts, hardwork, and perserverance. Plus, yall are doing the right thing. Mr. Grumpy Pants just isn't seeing things clearly and doesn't feel compelled to think outside of the box. What you're doing is sort of a paradox. Simple and complex all at the same time. Simple because you are going back to the root and beginnings of our food source and production(bread of life) and complex because you have the option to pick the easy, most acceptable, most mainstream choice and you're are not. Which, to my thinking, is to live like every other monoculture suburbanite. So many really amazing people haven't figured out what the bad powers that be are doing to our food supply. I'm just now finding all of this out, too. I just got my honeybees and now I find out that the blueberry bushes I bought for them at Lowe's were probably sprayed with neonicitinoids(did I spell that right?) Ignorance really was bliss, lol. We crazy chicken lovin' , earth-friendly crazy people don't have it so easy, it seems. Girlie, I am having a hard time trying to go the organic, green route. It's hard! Lol. I sure do feel more at peace though. I'll definitely be following your battle. You can do it!!!! Sorry to talk your ear off. Coffee just kicked in and I'm Chatty Cathy!

    B.B. Leah, we have the same problem. We live on 10 acres of what used to be my great grandparents farm. There is a high scale housing development all around us, but they can't do anything about our livestock because we were here first and are grandfathered in. We have horses, a pig, chickens and a donkey. When our horse gets out they call the sheriffs office instead of coming to our door to let us know. We are the "hillbillies" or "rednecks" to them. But guess what? We are not leaving, my family has been here since the 1800's when they farmed the land with horses. Our land and house are paid for so we won't be leaving anytime soon!

    ReplyDelete