[Durham INC] If you live in a planned community, Condo or townhome community and want to raise hens, read this

[Mike - Hotmail]

All,

As many on this listserve are aware,  Durham City Council recently adopted an ordinance permitting the raising of hens within city limits http://www.durhamnc.gov/udo/?selDivision=&txtWord=hens

However,  if you live in a community of common interest (HOA, townhome community, condo unit, etc) that has governing documents such as covenants, restrictions and regulations or by-laws that restrict what you can or can not do in your community,  it is recommended that you reread them (you should have gotten them at your closing) as they take precedent over this new ordinance.

This means that you still may not be able to raise hens in your backyard.  

If you live in one of these planned communities and are considering your options regarding this recent change to the UDO,  please call your property manager after consulting your covenants and any architectural guidelines    

If your community has an Archectitual Review Board (ARB) or Architectural Control Committee (ACC)  I would suggest that you contact them before contemplating any future plans.   Regardless,  make sure that any decision you get is in writing as it's highly probably that your association needs to approve it first BEFORE you build anything.

I want to thank Morgan Properties for bringing this important point to INC's attention and hopefully avoid further confusion for those who live in planned neighborhoods and who might have these types of restrictions in their governing documents.

Mike Shiflett






----- Original Message ----- 
From: morganpropmgr 
Sent: Monday, February 23, 2009 1:14 PM
Subject: No Poultry / Chickens Allowed in ______________


The Durham City Council unanimously approved an amendment to the Unified Development Ordinance 5.4.12 (Limited Agriculture - City Only) allowing Durham city residents to keep up to 10 hens, but no roosters, in their yards.  Among the amendment's stipulations is that the chickens, their eggs, and their waste may only be kept for personal use and cannot be sold.  A permit to keep chickens will be required, as will a second permit to build their coops and pens. 

HOWEVER

As outlined in the _____________________Association of Durham Restrictive Covenants:

"No animals, livestock or poultry of any kind shall be raised, bred, or maintained on any lot except household pets which may be kept thereof in reasonable numbers as pets for the sole pleasure and use of the occupants, but not maintained or bred for any commercial use or purpose."

Therefore, regardless of the change in the UDO by the City Council, no poultry of any kind is allowed in the _______________ Community. 

According to General Statue 47-F, the Board of Directors has the right to fine up to $100 per day per violation for any violation of the Restrictive Covenants, Neighborhood Architectural Standards and Control Specifications or By-Laws.







__,_._,___
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.deltaforce.net/mailman/private/inc-list/attachments/20090223/33391ba9/attachment.htm>