October 1, 2013 Work Session Discussion Item Potential Zoning Ordinance Text Amendment relating to Animals Animal ordinance research provided by staff

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1 Animal ordinance research provided by staff October 1, 2013 Work Session Discussion Item Potential Zoning Ordinance Text Amendment relating to Animals

2 Virginia Alexandria, VA - Zoning does not regulate domesticated animals, fowl, swine, etc. They are regulated by their Department of Transportation & Environmental Services. - Fowl can be kept only within 200 feet of the residence or dwelling occupied by such person. - Livestock (to include goats) is permitted on lots of no less than 1½ acres. - 1½ acre lots permit a maximum of two head of adult livestock and their immature offspring. One head of adult livestock and their immature offspring is permitted for each additional half acre of land. Arlington County, VA - Limits the number of dogs to no more than four dogs on any lot or premises. - Goats and chickens are permitted. Agricultural uses are permitted on lots zoned for single-family detached dwellings provided that all livestock and poultry should be kept in a building no less than 100 feet of any property line. Bedford County, VA - Livestock, to include goats and chickens, is permitted in all three Agricultural Residential zoning districts. - The AP, Agricultural/Rural Preserve District requires a minimum lot size of three acres (130,680 square feet.) - The AR, Agricultural Residential District requires a minimum lot size of one and one-half acres (65,340 square feet.) - The AV, Agricultural Village District requires a minimum lot size of one acre (43,560 square feet.) Charlottesville, VA - Dogs and cats are limited to a total of five each. - Defines Agricultural animals as all livestock and poultry. - Miniature goats may be kept within any residential zoning district in the city subject to the requirements that all males must be neutered, goats must be dehorned, and no more than three (3) miniature goats may be kept at the same time on the same property, except that nursing off-spring may be kept on the property until the age of twelve (12) weeks, and shall not be included in the number of goats allowed.

3 - Chickens, male and female, are permitted. There is no limitation on the total number of chickens permitted. Any accessory structure must be located in the rear or side yard and no closer than five feet to any lot line. Chesapeake, VA - Livestock, to include goats and chickens, is permitted as an accessory use in the A-1, Agricultural, and RE-1, Residential Estates, zoning districts. However, the density shall not exceed one animal per 10,000 square feet of land. City of Fairfax, VA - Limits the number of dogs permitted based on lot size. One to two dogs are permitted on lots of any size. Three dogs are permitted on lots having a minimum size of 7,500 square feet. Four dogs are permitted on lots having a minimum size of 12,500 square feet. No more than four dogs are permitted on a lot zones for residential use. - Agricultural uses are permitted on lots zoned for single-family detached dwellings provided that no animals are kept within 100 feet of any property line. Fairfax County, VA - Limits the number of dogs (six months or older) permitted based on lot size. One to two dogs are permitted on lots of any size. Three to four dogs are permitted on lots having a minimum size of 12,500 square feet. Five to six dogs are permitted on lots having a minimum size of 20,000 square feet. Seven dogs are permitted on lots having a minimum size of 25,000 square feet. Each dog in excess of seven requires an additional 5,000 square feet per dog. Keeping more than seven dogs also requires a special permit through the Board of Zoning Appeals. - Does not limit cats. - Resident needs two-plus acres for livestock as an accessory use. - Limitation on the numbers of animals or birds is based on units. For example, five goats equal one animal unit and 32 chickens equal one bird unit. The number of livestock or fowl allowed shall not exceed a ratio of one animal or bird unit per one acre. - A special permit is required as approved by the Board of Zoning Appeals for more animals on a two-acre lot or to allow animals on a lot of less than two acres. - Agricultural uses are permitted on lots of five-plus acres. - Bees are a permitted accessory use with a limitation of no more than four beehives. Falls Church, VA

4 - Limits the amount of dogs, cats and companion animals allowed per residence. Residents are allowed three dogs (unless they are puppies under four months of age), four cats or a combination of seven companion animals. - Chickens are currently permitted. They are not allowed to be within 40 feet of any dwelling. I was informed that the Falls Church code is old and out-dated and they are considering amending it. They would prefer to not have chickens in their jurisdiction. - Goats and pigs are not permitted. - Bees are not regulated. Front Royal, VA - No limitation on the number of dogs permitted. - Does not permit the keeping of livestock, fowl or exotic animals within the town limits. Leesburg, VA - Dogs and cats are not regulated. - Farming uses, not to include chicken farms, are permitted in the RE zoning district which allows one dwelling per every three acres. - Farming uses, not to include chicken farms, are also permitted in the I-1, Industrial/Research Park, zoning district which requires a minimum lot size of 40,000 square feet. Norfolk, VA - No livestock or poultry other than chickens is permitted. - Chickens are limited to no more than four hens on lots of at least 10,000 square feet. - Chickens also require a permit as issued by the Department of Health. Portsmouth, VA - Chickens are permitted as an accessory use to a detached single family residence under the following conditions: (1) The minimum lot size shall be 5,000 square feet. No more than one chicken for every 2,000 square feet of lot area is permitted. (2) No more than six (6) chickens are permitted on any lot. (3) All housing and fencing of chickens must be located solely in the rear yard. (4) Housing and fencing of chickens must be located at least 15 feet from any side or rear property line. Chickens may not roam in other areas of the property or off the property. (5) No roosters are allowed.

5 (6) Feed shall be stored and maintained in a secure container. Manure and other waste products shall be properly handled and disposed of in accordance to best management practices so as to not create an odor, attract vermin, or create a nuisance to surrounding property owners. Evidence of vermin may be cause for revoking a zoning compliance permit for this use. (7) The sale of eggs shall be prohibited. - Chickens require issuance of a Backyard Chicken Permit (Fee $25.00). - Goats and pigs are not permitted. Richmond, VA - Dogs and cats are not regulated. - Code permits raising and keeping of domestic animals for non-commercial purposes on lots occupied by single-family dwellings. All pens, runs, outbuildings, and other facilities for the housing shall not be located less than 200 feet from all property lines. This does not apply to dogs, cats or other household pets or to the keeping of not more than four female chickens in residential districts. For the keeping of not more than four female chickens in residential districts, no fence area, pen or structure for the keeping of such chickens shall be located closer than 15 feet to any dwelling on an adjacent lot, and no fenced area or pen for the keeping of such chickens shall be located within any required front yard or street side yard, and no structure for the keeping of such chickens shall be located within any required yard. Vienna, VA - Dogs only are regulated. - Poultry and dairy farming and horse breeding are permitted on parcels of at least ten acres. - The keeping of horses and/or ponies primarily owned and kept for the personal use of the occupant of the land on which they are maintained are permitted on parcels of at least two acres. Maryland Montgomery County, MD - Defines Livestock: as Horses, cattle, sheep, goats, swine; domesticated rabbits and hares; commercially raised fur-bearing animals; and similar animals. - Defines Agriculture as The business, science and art of cultivating and managing the soil, composting, growing, harvesting, and selling crops and livestock, and the products of forestry, horticulture and hydroponics; breeding, raising, or managing livestock, including horses, poultry, fish, game, and furbearing animals, dairying, beekeeping and similar activities, and equestrian

6 events and activities. Agriculture includes processing on the farm of an agricultural product in the course of preparing the product for market and may or may not cause a change in the natural form or state of the product. - The general zoning code states that any accessory building for the housing of animals or fowl must be located in the rear yard and no closer than 25 feet from any lot line and 100 feet from a dwelling on an adjacent lot or parcel. - In the Special Taxing Districts Regulations, Drummond does not permit any person or persons to keep or harbor cows, cattle or goats, or cause the same to be kept or harbored. It also does not permit any person or persons to allow any fowl to run at large. Rockville, MD - Dogs and cats are not regulated. - Defines Livestock as those species of domestic animals that are primarily cared for and kept on a farm or other rural setting, including, but not limited to, chickens, roosters, ducks, geese, turkey, ostrich, peacock, emu, horses, cows, sheep, goats, swine, and other hoofed animals. Livestock includes miniature breeds of such animals. Livestock does not include Vietnamese pot-bellied pigs. - Livestock is prohibited from being housed, or in any way maintained, in the City limits, except under the following circumstances: (1) Livestock may be maintained in laboratories for research or other scientific purposes. (2) Livestock may be maintained by schools, day care facilities, and similar institutions if used for education purposes. (3) Livestock other than roosters and hoofed livestock may be maintained on residential property as part of an educational program for a limited period of time, not to exceed fifteen (15) days. - Bees are not regulated. Herndon Homeowners Associations The following sample of HOA s: The Downs, Four Seasons, Hunter s Creek, and Old Dranesville Hunt Club prohibit the keeping of animals other than common household pets such as dogs and cats. Reston The Reston Association in Resolution 9 of their Use & Maintenance Standards also prohibits the keeping of animals other than common household pets.

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