PUBLIC HEARING AGENDA REQUEST

Sponsor:

 Board of Supervisors Meeting Date:

Planning Commission

September 8, 2005

Staff Lead:

Department:

W. Todd Benson, Assistant Zoning  Administrator

Community Development

Topic:

Zoning Ordinance Text Amendment to Sections 2-512, 6-102, and 6-105 to Establish Density, Housing, Maintenance, and Set Back Standards for Livestock on Parcels Smaller than Five Acres, and to Permit Livestock on Lots 40,000 Square Feet or Greater

Topic Description:

A person may currently have as much livestock on two acres or more as he or she wishes.  However, housing for the animals must be in a barn with 100 foot setbacks from the property lines.  Under the text amendment, if a person opts to limit his livestock to one animal unit per two acres, he may use pens, sheds, and other animal houses subject to a twenty-five foot setback. Regardless of density, the amendment would also require that vegetative cover is not over grazed or otherwise disturbed so as to cause, or threaten to cause, erosion, and provided further that animal waste is properly managed to prevent off-site migration of wastes or waste by-products.

This proposed amendment further authorizes livestock on R-2, R-3, R-4, TH, GA, MDP, C-1, C-2, C-3, CV, I-1, and I-2 parcels smaller than five acres, but 40,000 square feet or greater, subject to a special permit.

Requested Action of the Board of Supervisors:

Conduct a public hearing and consider adoption of the attached Ordinance.

Financial Impact Analysis:

No financial impact analysis has been conducted.

Summary Staff Report:

Recently, the Board of Supervisors amended the Zoning Ordinance to allow livestock on parcels smaller than two acres in the R-1 and rural zoning districts.  As part of the amendment, provision was made to allow housing such animals in pens, sheds, and houses, subject to 25 foot setbacks.  On larger parcels, by definition, animals must be housed in barns subject to 100 foot setbacks.  We have encountered one situation where a person cannot house his goats because his 2.00001 acre lot is not wide enough to accommodate the one hundred foot setbacks; whereas, if his lot was .00002 acres smaller, the County would allow him to build a shed or goat house. 

It seemed reasonable to allow persons on larger lots to obtain the benefits of smaller lots (shorter setbacks), but only if the unlimited number of permitted animals was reduced.  The compromise is the allowance of less restrictive setbacks in exchange for fewer animals. Regardless of density, the amendment would also require that vegetative cover is not over grazed or otherwise disturbed so as to cause, or threaten to cause, erosion and provided further that animal waste is properly managed to prevent off site migration of wastes or waste by-products.

The proposed amendment also would allow any owner of land with .9 acres (40,000 square feet), regardless of zoning district, to house livestock subject to a special permit.

This Planning Commission amendment was initiated on June 30, 2005, while the public hearing was held on July 28, 2005.  The Planning Commission unanimously recommended adoption.

Please note that Section 2-512.1.c, recommended by the Planning Commission, is probably an error.  That section begins: “Livestock are allowed by special permit on all other lots 40,000 square feet or greater but less than five acres.”  “Five acres” should probably be changed to read “two acres” (refer to the attached Ordinance).

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Department of Economic Development

Attachment

Proposed Text Amendment