Legal Question in Real Estate Law in California
Chickens
My next door neighbor, was raising chickens behind the building. He obtained signatures in agreement with the chickens, I signed as well. The chickens were later eaten by a coyote. I don�t want to have chickens anymore, they smelled and were noisy. After the Chickens were eaten we had a meeting and voted to have a Garden and A Deck and an area to barbeque and grow plants. No where did we vote for chickens. All of a sudden Me and my boyfriend go to plant flowers and we are told that the area is reserved for chickens. We know that he is hatching 12 chickens again in his apartment and is planning to build a large metal cage again and put them there. We had a confrontation and they called the police saying that they were feeling threatened by our actions (planting Flowers), and that my actions are against the rules of the association. CONCLUSION: Even with signatures, City animal codes state that ''You cannot have a chicken COOP within 20 feet of the owners dwellings or 100 feet from a neighbors dwelling''. Also this area is zoned for residential usage not farms. Can a vote by owners override city code? What can we do, and who to call? Also what type of restraining order or Injunction can I file to stop the chickens.
2 Answers from Attorneys
Re: Chickens
They probably cannot overide a governmental regulation. Contact the City's building department and they can tell you who to contact.
If the City will not act, you may need to file for injunction.
Joel Selik
Attorney/Licensed Real Estate Broker
www.SelikLaw.com
Re: Chickens
For each class of zoning, there are permitted uses, forbidden uses, and uses that can be authorized upon successful application for a use permit or variance.
If keeping chickens is within the zoning commission's discretionary authority, the fact that neighbors have expressed approval would be very helpful to the poultryman's application process and chances of success.
However, if chicken-rearing is not permitted in your zoning category, even with a special-use permit or variance, it would take a formal re-zoning. Re-zoning is much tougher, requires a vote of some elected body such as council or supervisors, and can be resisted both politically and legally.
Therefore, the neighbors' contract does not over-ride the zoning, but can be evidence to support an application for a variance.
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