Courtesy of The Equiery: http://equiery.com/blog/?p=1819
On Friday, July 19, 2013, officials from the Howard County Department of Planning and Zoning and the Councilwoman chairing the Comprehensive Zoning Planning Committee met with state equine industry leaders as well as Howard County stakeholders to review problematic amendments to the county zoning plan. For a detailed list of who was involved with that meeting,
please read our July 19 post. Lively discussion continued over the weekend and well into the start of this week, making it a herculean challenge for DPZ to finalize the changes to the amendments, but late yesterday, Tuesday, July 23, those changes were finally released.
Earlier today, The Equiery posted the amendments as straight text. DPZ provided this handy, color coded version to make it easier to follow all the changes, so we are now providing this version as well (in case this seems to be a redundant post; we do intend to remove the earlier post). Bluereflects changes made as a result of the meeting with stakeholders on Friday, July 19.
The County Council will vote on the comprehensive zoning plan tomorrow, Thursday, July 25. Councilwoman Mary Kay Sigaty assured participants in the stakeholder’s meeting that refinements could continue to be made, even after the Council votes on the overall comprehensive plan.
LIVESTOCK: ANIMALS TYPICALLY KEPT FOR FARMING PURPOSES, SUCH AS, BUT NOT LIMITED TO, COWS, GOATS, HORSES AND OTHER EQUUS, POULTRY AND OTHER FOWL, SHEEP, OR SWINE. FISH AND OTHER AQUATIC ANIMALS RAISED BY AQUAFARMING ARE CONSIDERED TO BE LIVESTOCK. CATS, DOGS, RABBITS AND OTHER SIMILAR SMALL ANIMALS OFTEN KEPT AS PETS ARE NOT CONSIDERED TO BE LIVESTOCK. BEES ARE NOT CONSIDERED TO BE LIVESTOCK.
Revise a current definition:
ANIMAL UNIT: A UNIT OF MEASUREMENT USED TO REGULATE THE NUMBER OF LIVESTOCK [[ANIMAL TYPES]] ON A RESIDENTIAL LOT OR PARCEL, BUT IS NOT APPLICABLE TO FARMS [[BASED ON THE POTENTIAL FOR PASTURAGE]]. ONE ANIMAL UNIT EQUALS THE FOLLOWING:
A. ONE HORSE, [[OR]] MULE, OR COW.
B. TWO PONIES, MINIATURE HORSES, DONKEYS, OR PIGS.
C. FOUR LLAMAS OR [[ALPACAS]] OSTRICHES.
D. [[FIVE]] TEN SHEEP, [[OR]] GOATS, OR ALPACAS
ANIMAL UNIT RATIO REQUIREMENTS FOR OTHER LIVESTOCK OR IMMATURE ANIMALS OR FOWL SHALL BE MADE ON A CASE BY CASE BASIS USING GENERALLY AVAILABLE INFORMATION ON ANIMAL UNIT EQUIVALENCIES AND THE GENERALLY ACCEPTED RATIO THAT ONE ANIMAL UNIT APPROXIMATELY EQUALS 1,000 POUNDS OF LIVE ANIMAL WEIGHT. FISH AND OTHER AQUATIC ANIMALS IN AQUAFARMING FACILITIES ARE NOT SUBJECT TO ANIMAL UNIT REQUIREMENTS.
Revise a current definition:
[[76.]] Farm: A lot or parcel [[principally]] used for farming [[, WHICH RECEIVES THE AGRICULTURAL USE ASSESSMENT FOR TAX PURPOSES, IN ACCORDANCE WITH COMAR 18.02.03.]] THAT IS 3.0 ACRES OR LARGER. [[[Council Bill 9-2011 (ZRA-130) Effective 7/4/11]]]
Revise a current definition:
[[77.]] Farming: The use of land for agricultural purposes, including: [[agriculture, apiaries, horticulture, orchards, agricultural nurseries, viticulture, aquaculture, silviculture, and animal and poultry husbandry. Farming includes basic processing of agricultural products as defined in this section (see “agricultural processing, primary”), but shall not include the acceptance or disposal of land clearing debris or rubble which originates off-site or the commercial feeding of garbage or offal to swine or other animals. The breeding, raising, training, boarding and general care of livestock for uses other than for food, such as sport or show purposes, as pets, or for recreation, shall be considered a normal farming function, but kennels are excluded from this definition.]]
A. CROP PRODUCTION, APIARIES, HORTICULTURE, ORCHARDS, AGRICULTURAL NURSERIES, VITICULTURE, SILVICULTURE, AQUACULTURE, AND ANIMAL AND POULTRY HUSBANDRY;
B. THE GROWING, HARVESTING AND PRIMARY PROCESSING OF AGRICULTURAL PRODUCTS;
C. THE BREEDING, RAISING, TRAINING, BOARDING AND GENERAL CARE OF LIVESTOCK FOR USES OTHER THAN FOOD, SUCH AS SPORT OR SHOW PURPOSES, AS PETS OR FOR RECREATION.
D. THE OPERATION OF AGRICULTURAL MACHINERY AND EQUIPMENT THAT IS AN ACCESSORY USE TO A [[PRINCIPAL]] FARMING FUNCTION. AGRICULTURAL MACHINERY AND EQUIPMENT MAY BE USED ON FARMS THAT ARE NOT THE FARM ON WHICH THE MACHINERY AND EQUIPMENT IS NORMALLY STORED;
E. THE CONSTRUCTION AND MAINTENANCE OF BARNS, SILOS AND OTHER SIMILAR STRUCTURES SUBJECT TO COMPLIANCE WITH ANY APPLICABLE BULK REGULATIONS;
F. THE TRANSPORTATION, STORAGE, HANDLING AND APPLICATION OF FERTILIZER, SOIL AMENDMENTS, PESTICIDES AND MANURE, SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS; [[AND]]
G. THE TEMPORARY, ONSITE PROCESSING OF CHICKENS OR RABBITS ON A FARM IN ACCORDANCE WITH THE AGRICULTURE ARTICLE OF THE ANNOTATED CODE OF MARYLAND; AND
[[G]]H. OTHER USES DIRECTLY RELATED TO, OR AS AN ACCESSORY USE OF, THE PREMISES’ FOR AGRICULTURAL PURPOSES.
Revise a current definition:
[[193.]] Structure: Anything constructed or built [[, the use of which requires permanent location on the ground, or attached to something having permanent location on the ground]]. The following shall not be considered structures for bulk regulation purposes:
a. [[Awnings]]ACCESSORY ELECTRIC VEHICLE CHARGING STATIONS, AWNINGS, bus shelters, exterior lighting fixtures, fire hydrants, mail boxes, telephone, ELECTRICAL OR CABLEequipment boxes, newspaper boxes and survey monuments;
b. Gardens, driveways, walks, patios, and parking surfaces;
c. Ground level decks, limited to decks elevated 18 inches or less above average grade and having no railing, walls or roofing;
D. OUTDOOR BARBECUES AND FIREPITS IF 18 INCHES OR LESS HIGH ABOVE AVERAGE GRADE.
[[d.]]E. Noise barriers or noise walls;
[[e.]]F. Signs are not considered to be a structure or part of a structure, and are regulated by the Howard County Code.
[[f.]]G. Stormwater management facilities;
H. ALL STRUCTURES EXEMPT FROM SETBACK COMPLIANCE IN SECTION 128.0.A
I. OUTDOOR RIDING RINGS, RUN-IN SHEDS OR SIMILAR FARM STRUCTURES WITH A MAXIMUM OF THREE WALLS AND A MAXIMUM FOOTPRINT OF 500 SQUARE FEET, AND COMPOSTING BINS AND OTHER ENVIRONMENTALLY-BENEFICIAL FARM STRUCTURES.
[[g.]]I. Similar minor structures as determined by the Department of Planning and Zoning on a case-by-case basis.
Revise a current definition:
ZONING PERMIT: A DOCUMENT ISSUED BY THE HOWARD COUNTY DEPARTMENT OF PLANNING AND ZONING AUTHORIZING AN ENTITY TO BEGIN [[AN ACTIVITY]] CERTAIN ACTIVITIES OR USES [[PROVIDED FOR]] AS REQUIRED IN SECTION 128.0 OF THESE ZONING REGULATIONS.
In each district which currently permits farming:
Farming.[[[[]], provided that on a [[lot]] RESIDENTIAL LOT OR PARCEL of less than 40,000 square feet [[, no fowl other than for the normal use of the family residing on the lot and]] no livestock shall be permitted[[]]]], HOWEVER, RESIDENTIAL CHICKEN KEEPING IS ALLOWED AS NOTED IN SECTION 128.0.
Revise current subsection in Section 128.0:
10. LIVESTOCK ON RESIDENTIAL LOTS OR PARCELS
[[ONLY]] IN RESIDENTIAL DISTRICTS WHERE IT IS ENUMERATED AS AN ACCESSORY USE, LIVESTOCK ARE PERMITTED ON RESIDENTIAL LOTS OR PARCELS SUBJECT TO THE CRITERIA BELOW.
A. THE LOT OR PARCEL SIZE SHALL BE [[3 ACRES]] 40,000 SQUARE FEET OR LARGER.
[[B. THE SINGLE-FAMILY RESIDENCE SHALL BE IN USE AS A DWELLING.]]
C. THE MAXIMUM NUMBER OF LIVESTOCK ANIMALS IS ONE ANIMAL UNIT OR FRACTION THEREOF FOR EACH [[1.5 ACRES]] 1.0 ACRE OF LOT AREA, PROVIDED, HOWEVER, THAT A HIGHER RATIO MAY BE ALLOWED AFTER THE PROPERTY OWNER OBTAINS AND IMPLEMENTS A NUTRIENT MANAGEMENT PLAN AND COLLABORATES WITH THE HOWARD COUNTY SOIL CONSERVATION DISTRICT TO DEVELOP AND IMPLEMENT A SOIL AND WATER CONSERVATION PLAN FOR PROPERTY MANAGEMENT.
D. THE ANIMAL SHELTER LOCATION(S) SHALL COMPLY WITH THE ANIMAL SHELTER SETBACK REQUIREMENTS IN SECTION 128.0.[[B.]] A. SETBACK VARIANCES, HOWEVER, MAY BE APPROVED BY THE HEARING AUTHORITY.
Revise Section 128.0.A.4
[[4. Required Setback for Certain Farm Uses
200 feet of an existing dwelling on a different lot:
a. An animal shelter including a building, shed, roofed structure or movable shelter that houses or provides protection for animals other than household pets, except for apiaries which meet the requirements of subsection O; or
[Council Bill 55-2010 (ZRA-117) Effective April 13, 2011]
b. The storage of manure.]]
4. ANIMAL SHELTER SETBACK REQUIREMENTS
STRUCTURES USED FOR THE HOUSING, BOARDING, OR SHELTERING OF ANIMALS, INCLUDING BUT NOT LIMITED TO BARNS, BUILDINGS, HUTCHES, SHEDS, ROOFED STRUCTURES, AND PREFABRICATED MOVEABLE ANIMAL HOUSES, AND ANY AREAS USED FOR THE STORAGE OF ANIMAL EXCREMENT, [[SHALL BE LOCATED A MINIMUM OF 200 FEET FROM ANY EXISTING DWELLING ON A DIFFERENT LOT AND]] SHALL COMPLY WITH THE ACCESSORY STRUCTURE SETBACK REQUIREMENT FOR THE APPLICABLE ZONING DISTRICT. [[THE FOLLOWING ARE EXEMPTED FROM THIS REQUIREMENT:]]
IN ADDITION, ANIMAL SHELTERS MEASURING LARGER THAN 500 SQUARE FEET IN SIZE SHALL BE LOCATED A MINIMUM OF 200 FEET FROM ANY EXISTING DWELLING ON A DIFFERENT LOT AND ANIMAL SHELTERS 500 SQUARE FEET OR SMALLER SHALL BE LOCATED A MINIMUM 100 FEET FROM ANY EXISTING DWELLING ON A DIFFERENT LOT. THE FOLLOWING ARE EXEMPTED FROM THIS REQUIREMENT:
A. SHELTERS USED FOR HOUSEHOLD PETS.
B. SHELTERS USED FOR RESIDENTIAL CHICKEN KEEPING WHICH COMPLY WITH THE REQUIREMENTS FOR SUCH STRUCTURES AS PROVIDED IN SECTION 128.0.D.
C. APIARIES WHICH COMPLY WITH THE REQUIREMENTS AS PROVIDED IN SECTION 128.0.N.
Revise Section 128.0.I
There are 8 special farm uses with varying criteria and we have clarified for each the language about not having a significant adverse impact on neighboring properties. We’ve clarified that this means:
“FOR PURPOSES OF THIS SECTION, ADVERSE IMPACT SHALL NOT INCLUDE ANY IMPACT NORMALLY ASSOCIATED WITH FARMS FOLLOWING GENERALLY ACCEPTED AGRICULTURAL MANAGEMENT PRACTICES OR FARMS OPERATING PERMITTED USES UNDER THIS SECTION”
