DRAFT FOR DISCUSSION PURPOSES ONLY SEPTEMBER 29, 2017

Size: px

Start display at page:

Download "DRAFT FOR DISCUSSION PURPOSES ONLY SEPTEMBER 29, 2017"

Marcia Evans
6 years ago
Views:

1 DRAFT FOR DISCUSSION PURPOSES ONLY SEPTEMBER 29, 2017 AN ORDINANCE AMENDING APPENDIX A OF THE CITY CODE, ENTITLED ZONING, ARTICLE 3, SECTION 3-403; ARTICLE 6, SECTIONS AND ; ARTICLE 10, SECTIONS AND ; AND ARTICLE 14, SECTIONS , AND , AND DELETING SECTION IN ARTICLE 6, TO CLARIFY AND CORRECT PROVISIONS RELATING TO THE KEEPING OF LIVESTOCK ON RESIDENTIAL PROPERTIES IN THE A-1, AGRICULTURAL DISTRICT AND RE-1, RESIDENTIAL ESTATE DISTRICT; TO ADD A DEFINITION OF ANIMAL UNITS AND STABLES; TO ADD A TABLE DETAILING THE NUMBER OF ANIMAL UNITS THAT ARE PERMITTED BASED ON THE ACREAGE OF THE LOT IN RE-1 AND A-1 DISTRICTS; AND SIMPLIFY THE REGULATIONS REGARDING ACCESSORY STRUCTURES IN RESIDENTIAL AND AGRICULTURAL DISTRICTS. WHEREAS, the Council of the City of Chesapeake finds the public necessity, convenience, general welfare and good zoning practice so requires; BE IT ORDAINED by the Council of the City of Chesapeake, Virginia that Appendix A of the City Code, entitled Zoning, Article 3, entitled Interpretation and Definitions, Section 3-403; Article 6, entitled Residential Districts, Sections , and ; Article 10, entitled Conservation and Agricultural Districts, Sections and ; and Article 14, entitled Accessory Uses and Structures, Sections , and , be amended and reordained, as follows: ARTICLE 3. - INTERPRETATION AND DEFINITIONS Definitions. The following definitions shall be used in the interpretation and administration of this ordinance. The definitions of various terms as presented do not necessarily represent the same definitions as may be found for the same terms in other chapters of the City Code.

2 Animal unit. A standard unit used to calculate the relative impact of different kinds and classes of livestock. The equivalent value of one animal unit for large and small animals is provided below. Where an animal is not listed, it shall not be allowed as a permitted accessory use; provided that the zoning administrator may determine that such animal is of a similar nature or character as a listed animal. In the case of such a determination, the proposed animal may be treated in the same manner as the listed animal. Any decision by the zoning administrator regarding such a proposed animal shall be made in writing. LARGE ANIMALS: 1 head of cattle = 1 animal unit 1 swine = 0.5 animal units (only permitted in the A-1, Agricultural District) 1 horse = 0.25 animal units 1 sheep = 0.2 animal units 1 goat = 0.2 animal units 1 llama = 0.2 animal units 1 alpaca = 0.2 animal units Horses shall include ponies, mules, burros and donkeys. SMALL ANIMALS: 1 chicken = duck = turkey/goose = rabbit = Livestock, domestic. Animals, excluding honey bees, normally raised on a farm, or as part of commercial agricultural or animal husbandry operation, or normally used for purposes related to agricultural production or commerce, wildlife farms and rehabilitation facilities. Livestock, including animal breeds derived from livestock, shall not be deemed to be pets and 2

3 may not be maintained as an accessory to a residential use unless specifically permitted under this Zoning Ordinance. Livestock shall be divided into two (2) groups: (1) Large animals including horses, mules, donkeys, llamas, cattle, swine (excluding Vietnamese potbellied pigs that meet the requirements in Section of this ordinance), goats, sheep, and similar breeds. (2) Small animals including chickens, except as provided for in the definition of pet, turkeys, and other types of fowl, rabbits, except as provided for in the definition of pet, fish, except as provided for in the definition of pet, and breeds similar to those listed as small animals. For the purpose of this ordinance, the limitations set out in other sections of this ordinance on the number of animals per acre shall apply only to large animals. Stable. A structure used to shelter livestock, An enclosure for livestock,whether or not such structure contains a roof or other form of cover and/or walls. enclosure contains a roof or other cover. ARTICLE 6. - RESIDENTIAL DISTRICTS Horses and other livestock. Horses and other livestock and animals bred from livestock shall not be permitted in residential zoning classifications unless specifically provided for by other provisions of this zoning Code. 3

4 Description. C. Special conditions pertaining to specific uses. In the table below, the numbers shown in the column entitled "condition" shall have the following meanings: 5. Limited to cows, sheep, goats and other animals with the exception of hogs, provided that no more than one such animal is permitted for each 10,000 square feet of lot area and all stables and pens shall be located in accordance with section (B)(7) of this Code. Such use is limited to the RE-1 residential estate district only. Unless otherwise permitted by this ordinance, the keeping of small and large livestock, except swine, shall only be permitted as an accessory use on lots within the RE-1, Residential Estate District; provided that all stables and enclosures shall be located in accordance with Section B.7 of this ordinance. Such lots may keep the permitted animal units for large and small animals, in accordance with the table below. In no event shall swine be permitted on property zoned RE-1, with the exception of Vietnamese potbellied pigs, which may be kept in conformance with the criteria in Section of this ordinance. In determining the number of livestock permitted, combinations of animals are allowed, provided that the required ratio is not exceeded. Further, only acreage within the RE-1 or A-1 zoning districts may be used to count toward the permitted number of animal units. Acreage: Permitted large and/or small animal units: 0 to less than 2 acres to less than 3 acres 1 3 to less than 5 acres 2 4

5 5 to less than 10 acres 3 10 or more acres No limitation 6. Reserved. Limited to horse and pony keeping, grazing or stabling as an accessory use to the primary residential use in the RE-1 residential estate district only, provided that no more than one such animal is kept for each 10,000 square feet of lot area and provided further that all stables and pens shall be located in accordance with section (B)(7) of this Code Table of permitted and conditional uses in residential districts. SECTION TABLE OF PERMITTED AND CONDITIONAL USES IN RESIDENTIAL DISTRICTS Rural Suburban Urban SIC Use 1F 2F MF 1F 2F MF 1F 2F MF Condition* Parking** Agriculture 02 Agricultural Large and Small Animal Livestock Except Horses and Ponies C P C P C P 5 Horse and Pony Keeping P P P 6 5

6 ARTICLE CONSERVATION AND AGRICULTURAL DISTRICTS Residential development standards. A. Unless specifically exempted by this section, With the exception of approved cluster developments residential lots in the A-1, Agricultural District, lots under ten (10) acres with a residential structure shall comply with the development standards requirements set out for lots in the RE-1, Residential Estate District, set forth in (see Sections et seq. and et seq. of this ordinance. ); Approved cluster developments shall be exempt from this provision and shall instead be subject to Section et seq. of this ordinance. Additionally, except, however, that the three (3) acre minimum lot size for A-1 lots of three (3) acres may be reduced to one (1) acre or more in the case of property immediately surrounding a residential structure that was in existence and occupied prior to July 20, 1995; provided that, where septic tanks are used, the Chesapeake Health Department certifies that adequate sewage disposal can be assured. Lots less than three (3) acres in size which qualify for residential uses in accordance with this section shall comply with the minimum lot widths, setbacks and maximum lot coverage standards set out in section (A) below for nonresidential development of A-1 lots and the. Such lots shall comply with all other RE-1 development standards set out in Sections et seq. for residential estates and in Section et seq. of this ordinance. for residential districts. 6

7 Nonresidential development standards. C. Special standards for A-1 zoned properties. 1. The minimum area of any parcel proposed for the keeping of horses, ponies, cows, sheep, goats and other livestock, with the exception of hogs, shall be one (1) such animal for every 5,000 square feet of lot area. The keeping of livestock shall be permitted in the A-1, Agricultural District; provided that all stables and enclosures shall be located in accordance with Section B.7. Lots within the A-1, Agricultural District under ten (10) acres with a residential structure may keep the permitted animal units for large and small animals, in accordance with the table below. Any swine kept on such lots shall also be subject to the requirements put forth in City Code Section In determining the number of livestock permitted, combinations of animals are allowed, provided that the required ratio is not exceeded. Further, only acreage within the A-1, Agricultural District, and RE-1, Residential Estate District, may be used to count toward the permitted number of animal units. Acreage within the RE-1 zoning district, may not be used to count toward animal units for swine as swine are prohibited in the Residential Estate District. Acreage: Permitted large and/or small animal units: 0 to less than 2 acres to less than 3 acres 1 3 to less than 5 acres 2 5 to less than 10 acres 3 7

8 10 or more acres No limitation 2. The minimum area of any residential parcel used for the keeping of horses and ponies as an accessory use shall be one (1) horse or pony for each 10,000 square feet of lot area. 3. Stable or housing for livestock shall be constructed in accordance with section (7). ARTICLE ACCESSORY USES AND STRUCTURES Permitted accessory uses and structures. C. Uses. 2. On residential property. The following specific accessory uses are listed as examples of accessory uses permitted in residential districts, subject to the other applicable provisions of this ordinance. To be deemed accessory, such use must be designed and carried out to serve the residential use of that property. f. Excepting lots within the RE-1, Residential Estate District, which shall be subject to the small animal restrictions put forth in Sections and of this ordinance; Ssix (6) or fewer female chickens may be kept as an accessory use in all single-family residential zoning districts, subject to the following requirements: (i) the chickens shall be housed in a fully enclosed accessory structure that meets the requirements of subsections B.1 6. set out below, and (ii) the accessory structure shall be located in a rear yard. Nothing 8

9 herein shall be construed to permit the slaughtering of chickens on property zoned for residential use Accessory use and structure limitations. B. Residential districts. 7. Stables, kennels and enclosures for animals, if otherwise permitted by this ordinance, shall be subject to the following setbacks, except for female chickens as provided for in subsection C.2.f. set out above.: Stables and kennels shall be defined as put forth in Section of this ordinance. For purposes of this ordinance, an enclosure shall mean an area that is fenced in or otherwise partitioned off from its surrounding area, such as a pen. a. Enclosures for livestock other than stables, pens or kennels. (1) If an existing principal residential building is located on a contiguous lot, the following setbacks shall apply: (i) If the contiguous lot is zoned for RE-1, Residential Estate District, then no setback is required; or (ii) If the contiguous lot is zoned for any residential use other than RE- 1, Residential Estate District, then the setback shall be fifty (50) feet from said residential building. (2) If the enclosure is not a stable, pen or kennel, If there is no existing principal residential building on the contiguous lot, the following setbacks shall apply: 9

10 (i) If the Zoning Administrator determines that one of the following circumstances listed below is applicable, then ; provided, however, that there the enclosure shall have be no setback requirement for the enclosure from the exterior property line: in the following circumstances: (1a) Where all or part of the adjacent contiguous lot is located in the A- 1 agricultural district; or (2 b)where all or part of the adjacent contiguous lot is located in the RE-1 residential district; or (3c) Where no habitable occupied structure is located on the adjacent contiguous lot at the time the enclosure for animals is established. (ii) If none of the circumstances listed above apply, then the setback for the enclosure shall be twenty-five (25) feet from any exterior property line. b. If the enclosure is not a stable, pen or kennel, the setback shall be fifty (50) feet from any existing residential building located on an adjacent contiguous lot that is zoned exclusively for residential use; provided, however, that no such setback shall be required if the adjacent contiguous lot is zoned RE-1 residential district. c. If the enclosure is a kennel, as defined in this ordinance, a setback of five hundred (500) feet from any lot line of any property zoned or used for residential purposes shall be required; where the structure is soundproofed, the required setback shall be two hundred (200) feet. If such kennel is proposed to be located closer to property zoned or used for residential purposes, a conditional use permit shall be required for such kennel. No such facility shall be located in the established front yard of any lot. 10

11 d.b. Stables that are stables and/or pens used for sheltering for livestock. (i) If the enclosure is a stable or pen for livestock, t If there is an existing inhabited residential structure located on a contiguous lot, then the stable shall be setback shall be a minimum of at least one hundred twenty-five (125) feet from any the existing inhabited residential structure. (ii) If there is an existing habitable accessory building or structure located on an adjacent a contiguous lot, then the stable shall be setback at least and a minimum of one hundred (100) feet from any the existing habitable accessory building or structure. located on an adjacent contiguous lot. An enclosed area keeping any livestock on a lot shall be deemed to be a stable and/or pen if the density of the animals within the area exceeds one (1) animal per ten thousand (10,000) square feet of land. A habitable accessory building or structure shall include pool houses, gazebos, swimming pools, decks, patios, detached guest houses, servant's quarters, and other similar structures as determined by the zoning administrator. Livestock may only be kept on residentially zoned property as an accessory use as provided for in section et seq. of this ordinance. c. Kennels. (1) Kennels, as defined in this ordinance, a setback of five hundred (500) feet from any lot line of any property zoned or used for residential purposes shall be required; or where the structure is soundproofed, the required setback shall be two hundred (200) feet. If such kennel is proposed to be located closer to property zoned or used for residential purposes, a conditional use permit shall 11

12 be required for such kennel. No such facility shall be located in the established front yard of any lot. D. Agricultural districts. 1. Unless otherwise provided for in this zoning ordinance, accessory structures shall meet the same setback requirements as the principal structure. Stables and kennels shall be defined as put forth in Section of this ordinance. For purposes of this ordinance, an enclosure shall mean an area that is fenced in or otherwise partitioned off from its surrounding area, such as a pen. 2. Enclosures for animals shall require no setback from an exterior property line, as long as all or part of the adjacent contiguous lot is located in the A-1, Agricultural District, agriculture district or RE-1, Residential Estate District. residential district. If any adjacent contiguous lot is zoned exclusively for residential purposes, other than the RE-1, Residential Estate District, residential district, such enclosure shall be set back twenty-five (25) feet from the exterior property line along such lot. 3. If an enclosure is a Stables, pen and or kennels, as set out in subsections (B).7.b. and c. and d. above, it shall be subject to the setback requirements of those subsections Keeping of livestock on A-1 and RE-1 property as accessory to residential use. The keeping of large and small animal livestock shall be permitted as an accessory to a principal residential use on RE-1 lots and those A-1 lots under ten (10) acres with a residential structure; provided that Livestock, other than swine, may be kept as an accessory to a principal 12

13 residential use on lots in the A-1, Agricultural District, (agricultural) and RE-1, Residential Estate District, (residential estates) zoning districts, provided that the density of such animals on such property does not exceed one animal per 10,000 square feet of land. The use of all stables or pens enclosures for such animals shall be located in accordance with section (B.)(7) of this ordinance. Such lots may keep the permitted animal units for both large and small animals, in accordance with the table below. In determining the number of livestock permitted, combinations of animals are allowed, provided that the required ratio is not exceeded. Further, only acreage within the respective A-1, Agricultural District, or RE-1, Residential Estate District, may be used to count toward the permitted number of animal units; provided that RE-1, Residential Estate District, acreage may not be used to count toward animal units for swine. Acreage: Permitted large and/or animal units: 0 to less than 2 acres to less than 3 acres 1 3 to less than 5 acres 2 5 to less than 10 acres 3 10 or more acres No limitation Temporary keeping of livestock as an educational project approved and sponsored by a youth organization. A. Temporary keeping of livestock as an educational project approved and sponsored by a youth organization permitted in certain districts. Livestock projects for educational 13

14 purposes shall be permitted in the A-1, Agricultural District, and RE-1, Residential Estate, A-1 (agriculture), RE-1 (residential estate) and all residential districts with the exception of the R-TH-1, R-MF-1 and R-MF-2 districts. The temporary keeping of livestock in accordance with this section in the A-1 and RE-1 shall be in addition to the animal units permitted on the property pursuant to Sections , and of this ordinance. Livestock projects shall be subject to the requirements set out in subsection (B) below. B. Requirements for the temporary keeping of livestock as an educational project approved and sponsored by a youth organization. 6. Pens, stalls and animal quarters located in the A-1 and RE-1 zoning districts shall be located at least 75 feet from all exterior property lines. Pens, stalls and animal quarters located in residential zoning districts other than RE-1 shall be located at least 25 feet from all exterior property lines. 76. All enclosures, stables, pens, stalls, quarters and grazing areas shall be maintained in a sanitary manner free from noxious odor. 14

No permits for development, including grading, shall be issued except in conformance with Sec (Land Use Permits).

No permits for development, including grading, shall be issued except in conformance with Sec (Land Use Permits). R-1/E-1 Sec. 35-219. Sec. 35-219.1. R-1/E-1 Single Family Residential. Purpose and Intent. The purpose of this district is to reserve appropriately located areas for family living at a reasonable range