January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY
Mar 26, 2015
January 8, 2008January 8, 2008
BCC PUBLIC HEARINGON
BZA #ZM-07-10-010, NOVEMBER 1, 2007
APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY
BCC PUBLIC HEARINGON
BZA #ZM-07-10-010, NOVEMBER 1, 2007
APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY
BACKGROUNDBACKGROUNDCASE:CASE: ZM-07-10-010ZM-07-10-010
APPELLANT:APPELLANT: David and Jennifer FoleyDavid and Jennifer Foley
REQUEST:REQUEST: Appeal of the Zoning Manager’s determination in R-1A zone that:Appeal of the Zoning Manager’s determination in R-1A zone that:
1. Aviculture with associated aviaries is not permitted as 1. Aviculture with associated aviaries is not permitted as a principal use or accessory use in the R-1A zoning a principal use or accessory use in the R-1A zoning district; district;2. Aviculture with associated aviaries is not permitted as 2. Aviculture with associated aviaries is not permitted as a home occupation in the R-1A zoning district. a home occupation in the R-1A zoning district.
ZONING:ZONING: R-1AR-1A
TRACT SIZE:TRACT SIZE: 75 ft. x 119 ft.75 ft. x 119 ft.
LOCATION:LOCATION: East side of N. Solandra Dr., south of Old Cheney HighwayEast side of N. Solandra Dr., south of Old Cheney Highway
DISTRICT:DISTRICT: #3 (NOTE: County-wide application)#3 (NOTE: County-wide application)
HISTORYHISTORY• Feb., 2007:Feb., 2007: Code Enforcement issues citation to appellant for Code Enforcement issues citation to appellant for
having enclosures without permitshaving enclosures without permits• April, 2007: April, 2007: Code Enforcement Board finds appellant in violation. Code Enforcement Board finds appellant in violation.
Has until June 17, 2007 to complyHas until June 17, 2007 to comply• June, 2007: June, 2007: Appellant removes the enclosures. Case closedAppellant removes the enclosures. Case closed• April-July: April-July: Appellant requests Zoning Manager’s determination Appellant requests Zoning Manager’s determination
on whether the raising and selling of exotic birds for on whether the raising and selling of exotic birds for financial gain is permitted from his homefinancial gain is permitted from his home
• July, 2007: July, 2007: Zoning Manager determines appellant’s use is Zoning Manager determines appellant’s use is commercial aviculture. Commercial aviculture not commercial aviculture. Commercial aviculture not permitted in single family zoning districtspermitted in single family zoning districts
• Aug., 2007:Aug., 2007: Appellant files appeal to BZAAppellant files appeal to BZA• Nov., 2007:Nov., 2007: BZA determines the use is commercial aviculture and BZA determines the use is commercial aviculture and
upholds Zoning Manager’s determinationupholds Zoning Manager’s determination• Jan., 2008:Jan., 2008: BCC public hearingBCC public hearing
AERIALAERIAL
ZONING MAPZONING MAP
SITE PLANSITE PLAN
SITE PHOTOGRAPHSITE PHOTOGRAPH
APPLICANT’S BIRD APPLICANT’S BIRD ENCLOSURESENCLOSURES
APPLICANT’S BIRD APPLICANT’S BIRD ENCLOSURESENCLOSURES
WHY IS APPLICANT’S USE WHY IS APPLICANT’S USE CLASSIFIED AS COMMERCIAL CLASSIFIED AS COMMERCIAL
AVICULTURE?AVICULTURE?
WHY IS APPLICANT’S USE WHY IS APPLICANT’S USE CLASSIFIED AS COMMERCIAL CLASSIFIED AS COMMERCIAL
AVICULTURE?AVICULTURE?
• Sec. 38-1 Defines Commercial Sec. 38-1 Defines Commercial AvicultureAviculture
DEFINITION OF COMMERCIAL DEFINITION OF COMMERCIAL AVICULTURE (PER ZONING CODE)AVICULTURE (PER ZONING CODE)
DEFINITION OF COMMERCIAL DEFINITION OF COMMERCIAL AVICULTURE (PER ZONING CODE)AVICULTURE (PER ZONING CODE)
APPLICANT’S SALES APPLICANT’S SALES CONTRACTCONTRACT
APPLICANT’S SALES APPLICANT’S SALES CONTRACTCONTRACT
APPLICANT’S WEBSITEAPPLICANT’S WEBSITE
APPLICABLE CODE APPLICABLE CODE REFERENCESREFERENCES
APPLICABLE CODE APPLICABLE CODE REFERENCESREFERENCES
1. Principal UsesPrincipal Uses2.2. Accessory UsesAccessory Uses3.3. Home OccupationHome Occupation
PRINCIPAL USE PRINCIPAL USE SECTION 38-77, SECTION 38-77,
USE TABLEUSE TABLE
PRINCIPAL USEPRINCIPAL USESec. 38-74(b)(1)Sec. 38-74(b)(1)
PRINCIPAL USEPRINCIPAL USESec. 38-74(b)(1)Sec. 38-74(b)(1)
“ “No primary use shall be permitted in a No primary use shall be permitted in a district unless the letter “P” or “S” district unless the letter “P” or “S” appears in the appropriate cell”appears in the appropriate cell”
ACCESSORY USEACCESSORY USEACCESSORY USEACCESSORY USE
• Sec. 38-1 Defines Accessory Sec. 38-1 Defines Accessory Structure or UseStructure or Use
• Sec. 38-79 (114)(a), (b), (c) Sec. 38-79 (114)(a), (b), (c) outlines conditions for accessory outlines conditions for accessory usesuses
DEFINITION OF ACCESSORY DEFINITION OF ACCESSORY STRUCTURE OR USESTRUCTURE OR USE
DEFINITION OF ACCESSORY DEFINITION OF ACCESSORY STRUCTURE OR USESTRUCTURE OR USE
ACCESSORY USE SEC. 38-ACCESSORY USE SEC. 38-79(114) (a), (b), (c)79(114) (a), (b), (c)
ACCESSORY USE SEC. 38-ACCESSORY USE SEC. 38-79(114) (a), (b), (c)79(114) (a), (b), (c)
• Subsections (a), (b) – standards for Subsections (a), (b) – standards for accessory structure used for living accessory structure used for living purposespurposes
• Subsection (c) – standards for non-living Subsection (c) – standards for non-living accessory structure. Code outlines accessory structure. Code outlines examples of such uses:examples of such uses:
• Storage spaceStorage space• WorkshopWorkshop• ShedShed• carportscarports
HOME OCCUPATIONHOME OCCUPATIONHOME OCCUPATIONHOME OCCUPATION
• Sec. 38-1 defines Home OccupationsSec. 38-1 defines Home Occupations• Sec. 38-79 (8) – restricts retail sales Sec. 38-79 (8) – restricts retail sales
as home occupationas home occupation
DEFINITION OF HOME DEFINITION OF HOME OCCUPATIONOCCUPATION
DEFINITION OF HOME DEFINITION OF HOME OCCUPATIONOCCUPATION
SEC. 38-79SEC. 38-79 HOME OCCUPATIONS HOME OCCUPATIONS
SEC. 38-79SEC. 38-79 HOME OCCUPATIONS HOME OCCUPATIONS
SEC. 38-79 (8)SEC. 38-79 (8)HOME OCCUPATIONHOME OCCUPATION
SEC. 38-79 (8)SEC. 38-79 (8)HOME OCCUPATIONHOME OCCUPATION
“ “Retail sales shall be a permitted use, Retail sales shall be a permitted use, provided as follows: only paperwork provided as follows: only paperwork and phone work, no merchandise on and phone work, no merchandise on site, drop shipment only”site, drop shipment only”
STAFF ANALYSIS STAFF ANALYSIS STAFF ANALYSIS STAFF ANALYSIS
• Applicant proposes to keep and sell exotic birds for Applicant proposes to keep and sell exotic birds for financial gain from an R-1A zoned residencefinancial gain from an R-1A zoned residence
• Applicant’s use is commercial avicultureApplicant’s use is commercial aviculture• Zoning Code does not permit commercial aviculture Zoning Code does not permit commercial aviculture
in R-1A zoning district, as principal use, accessory in R-1A zoning district, as principal use, accessory use or home occupationuse or home occupation
• County-wide implications County-wide implications
BZA FINDINGSBZA FINDINGSBZA FINDINGSBZA FINDINGS
• Zoning regulations identified appellant’s Zoning regulations identified appellant’s use as commercial avicultureuse as commercial aviculture
• Zoning regulations do not permit Zoning regulations do not permit commercial aviculture in single family commercial aviculture in single family zoning districtszoning districts
• Appellant’s use is not a home occupation Appellant’s use is not a home occupation or accessory useor accessory use
BZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATION
Uphold Zoning Manager’s determination in R-1A Uphold Zoning Manager’s determination in R-1A zone that:zone that:
1.1. Aviculture with associated aviaries is not Aviculture with associated aviaries is not permitted as a principal use or accessory use; permitted as a principal use or accessory use; andand
2.2. Aviculture with associated aviaries is not Aviculture with associated aviaries is not permitted as a home occupation.permitted as a home occupation.
(Unanimous vote)(Unanimous vote)
BCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTED
ACTION REQUESTED:ACTION REQUESTED:
Uphold the Zoning Manager’s Uphold the Zoning Manager’s determination consistent with the determination consistent with the BZA recommendationBZA recommendation
January 8, 2008January 8, 2008
BCC PUBLIC HEARINGON
BZA #ZM-07-10-010, NOVEMBER 1, 2007
APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY
BCC PUBLIC HEARINGON
BZA #ZM-07-10-010, NOVEMBER 1, 2007
APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY