What does grandfathered in mean?

[Lysa71]

My town doesn allow chickens unless it's grandfathered in. My house was build in 1890 as well as the barn. It use to be a farm and I know they had goats and chickens for sure. I was told a few years back from the town that I could have them as long as it was grandfathered in. So my question is does grandfathered in allow me to have chickens now? We bought this house in 2001 and we just got chickens this past May. Town is telling us we can't have them. Waiting to hear back from them about it being grandfathered in.


Anyone know if getting chickens now would still be considered grandfathered in?

Thanks,
Lysa

 

[Katy]

I could be wrong, but I think to be grandfathered in you would need to have had the birds before the ordinance that doesn't allow them took affect.

 

[Casey3043]

I would think in your case, it would mean whether you had the chickens already when the ordinance was passed. In that case you would be grandfathered in because your farming activity was there first. Lots of times a farm is surrounded by a housing development, and the farm is allowed to continue its activities under the grandfather clause. Then when that land changed hands, the new ordinances would be in effect. In other words, no more farming.

Hope this helps, but you might want to check with a lawyer.

 

[Whispering Winds]

Quote:
Excellent explanation!

 

[carrlr]

Grandfathered-in, usually means that an ordinance is established and there are those that already violate that ordinance. Those, and only those individuals can will be allowed to go against the ordinance. This would have to be specified in the ordinance. Something like no chickens are allowed within city limits, except by those who currently have chickens. Therefore, those folks would be grandfathered in. Keep in mind, it may have verbage that just says farm animals or livestock. Then you would have to define those. Another example, I have a piece of property that has a garage right on the property line. New ordinances state you have to provide a two foot easement. Since my garage was built before the ordinance, I'm grandfathered-in. However, I can't build anything else that would violate the existing ordinance. Hope this helps.

 

[drumstick diva]

I believe if you are grandfathered in (ie., had chickens before the ordinance changed) you could keep them but not replace them as they died or were rehomed. I suppose you could slip in a ringer but, the neighbors might be suspicious if your chickens are around for 10 to 15 years old and still look like chicks.

 

[Sonoran Silkies]

Quote:
This will vary depending upon the city/town's individual ordinances. It may mean that, or it may mean that YOU can keep them for as long as you own the property, but if you sell it the right does not transfer or it may transfer. This is usually listed in code as "Non-Conforming Use" and will set the criteria that require the property to become conforming.

It is not just about chickens, but about everything that is set in building and zoning codes. Current building codes are significantly different (much stricter) than they were 20 or 40 or 60 years ago. But if you never alter your home other than painting and similar upkeep, you are very unlikely to be required by the city to upgrade to current standards. On the other hand, if you plan a massive remodel, chances are that you WILL have to upgrade to current code. Those are extremes, but the same idea works with chickens or any other non-conforming use that was legal at the time the porperty came under the jurisdiction of the city or the code or ordinance was changed to disallow the use.

 

[Shaun]

For us, when the zoning was passed we had "livestock" and so we are able to continue to have livestock. It's been a good fifteen years, and animals have come and gone. We have been able to replace animals, raise different animals, as long as they were livestock.

 

[Germaine_11.20]

A "grandfather clause" or "grandfathered in" is an exception that allows an old rule to continue to apply to some existing situations, when a new rule will apply to all future situations. Often, such a provision is used as a compromise, to effect new rules without upsetting a well-established logistical or political situation. This extends the idea of a rule not being retroactively applied.

Example: Michigan law MI ST 287.1101-1123 forbade ownership or acquisition of large and dangerous exotic carnivores as pets. But animals already owned as pets at the time of enactment were grandfathered in, and permitted to be kept

Source: Wikipedia

 

[D'Angelo N Va.]

It might depend on your area...I lived in the city and a law was passed about not having chickens etc...w/ in 100ft. of a neighbor..well I moved. I found a place in the country and when i told the real estate agent why I wanted a small farm she said this one was grandfathered in and I could raise what I wanted to..but then again it is in the country and everyone else has animals also...so maybe check with the county...but not from your phone, use another phone to call..they might have your number on caller I.D. and get your address....