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Item Q5Meeting Date: October 17, 2012 Division: Growth Mana eznent Bulk Item: Yes — No X Department: Planning & Environmental Resources Staff Contact Person/Phone #: Steven Biel Senior Planner. Ext. 8732 AGENDA ITEM WORDING: A public hearing to consider an ordinance establishing Monroe County Code Section 130-102, Horses and Other Livestock, to establish regulations related to the keeping of horses and other livestock in Monroe County; providing for severability; providing for repeal of conflicting provisions; providing for transmittal to the State land planning agency and the Secretary of State; providing for codification; providing for an effective date. ITEM BACKGROUND: Currently, the Monroe County Code and Monroe County Comprehensive Plan do not contain any provisions directly related to horses and livestock. The purpose of this amendment is to clarify where horses and other livestock may be permitted in Monroe County. Previously, horses have been allowed or prohibited by administrative interpretations of planning directors. Horses are a type of animal defined within the definitions of animal and livestock in MCC §4-1: Animal means any living dumb creature, including any mammal, bird, fish, reptile, ferret, turtle, horse, mollusk, crustacean, or any other vertebrate other than a human being. Livestock means horses, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennies, burros, goats, kids, swine, and any other fur -bearing animals being raised in captivity, including those other animals recognized by the department of agriculture as being within the jurisdiction of its department. However, MCC §4-76, which pertains to the keeping of wild animals and livestock does not address horses. MCC §4-76(a) states: Zoning. No livestock, such as cows, goats, sheep or pigs, barnyard animals such as chickens, ducks, rabbits or geese, shall be kept either penned or loose in any zone where not otherwise permitted in the county. Animals considered wild shall not be kept in any residential zone in the county. Although this subsection implies that zoning should allow livestock, it states that they should only be allowed in an appropriate zone. No such zones have been established in the Land Development Code. During a regularly scheduled meeting held on June 26, 2012, the Development Review Committee reviewed the subject request and recommended approval to the BOCC. The Planning Commission held a public hearing on August 13, 2012 and recommended approval to the BOCC. This ordinance will be part of the Land Development Code. PREVIOUS RELEVANT BOCC ACTION: n/a CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No N/A AMOUNT PER MONTH N/A Year .APPROVED BY: County Atty x OMB/Purchasing Risk Management T DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 From: Steven Biel, Senior Planner Date: September 24, 2012 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ESTABLISHING MONROE COUNTY CODE SECTION 130- 102, HORSES AND OTHER LIVESTOCK, TO ESTABLISH REGULATIONS RELATED TO THE KEEPING OF HORSES AND OTHER LIVESTOCK 17V MONROE COUNTY, PRODDING FOR SEVERABILITI, PRODDING FOR REPEAL OF CONFLICTING PROVISIONS; PRODDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Meeting: October 17, 2012 I REQUEST The Planning & Environmental Resources Department is proposing an amendment to the Monroe County Code by establishing § 130-102 of the Monroe County Code, which would establish regulations related to the keeping of horses on property in unincorporated Monroe County. II RELEVANT PRIOR COUNTY ACTIONS: This item was heard at the June 26, 2012 Development Review Committee with minor revisions being requested. The Development Review Committee recommended approval to the Planning Commission. The Planning Commission held a public hearing on August 29, 2012 and recommended approval to the Board of County Commissioners. III REVIEW The Planning & Environmental Resources Department regularly receives zoning inquiries related to horses. The most common inquiries are from property owners who want to keep their personal horses on their properties. Other inquiries are from property owners who want to establish commercial stables on their properties. Page 1 of 3 (File #2012-036) Currently, the Monroe County Code and Monroe County Comprehensive Plan do not contain any provisions directly related horses and livestock. Horses have been allowed or prohibited by administrative interpretations of planning directors. Horses are a type of animal defined within the definitions of animal and livestock in MCC §4-1: Animal means any living dumb creature, including any mammal, bird, fish, reptile, ferret, turtle, horse, mollusk, crustacean, or any other vertebrate other than a human being. Livestock means horses, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennies, burros, goats, kids, swine, and any other fur -bearing animals being raised in captivity, including those other animals recognized by the department of agriculture as being within the jurisdiction of its department. However, MCC §4-76, which pertains to the keeping of wild animals and livestock does not address horses. MCC §4-76(a) states: Zoning. No livestock, such as cows, goats, sheep or pigs, barnyard animals such as chickens, ducks, rabbits or geese, shall be kept either penned or loose in any zone where not otherwise permitted in the county. Animals considered wild shall not be kept in any residential zone in the county Although this subsection implies that zoning should allow livestock, it states that they should only be allowed in an appropriate zone. No such zones have been established in the Land Development Code. Many jurisdictions consider livestock and agriculture synonymous. However, as defined in MCC §101-1, agriculture means mariculture, beekeeping, animal husbandry, groves and nurseries, but does not mean row crops. The definition does not directly include the keeping or livestock not related to animal husbandry. The purpose of this amendment is to clarify where horses and other livestock may be permitted in Monroe County. Therefore, staff recommends the following changes (deletions are StRi e e t 0ii.-,, and additions are underlined): Seca 130® ® Horses and Other Livestock. fa� �c i��itic�� �� 1?�%ersic;cl�o laivcstocl� ;ca��s l�orsesa stallio��s. ooitsold=�� s4 .�ar�sa srzce�. razes. lambs. bills bullocks, steers, eifcrs, cows calves, rnulgsl jacks. jennies. b=. gos. eats, kids swinc and any other fur -bearing animals being raised in captivity, . includiLig fhose other animals reco%7nizcd by the department of a doulturc as bcia s within thy, jurisdiction of its dcparvzxzent. Page 2 of 3 (File #2012-036) I r ee its 'livest��Ic. eludiri hors:s for o rsonal use as allowed in subseWoii -(cl, the 2 i2 r livestoel I7la e t1?i d C3i ; 5 of land that have a !and Ise (zoriiri }i 3 districi desl ,,nahon that allo ed w -1thin 4 an ae4-rieulturallaaaaeulturalrsse overlav as set fortis in section I3 ml20o 5 6 �ceei,i©�s� or e�-�c�,cl use. iirss rza c lac t resasictialE� dr�l 7 parcels of land as an aceessory use H Lhe follo-twi?ng standards are met: 8 I poi ar�els of grid coritaiii i� a riairiirirri of oearhalf 112 acre of gland, orzc or 9 two 2 horses may be maintained thereon provided that° 10 it on the same - arcel of land upon 11 {which the horseLsj is ke t. and 12 `ii he o vrier of the horses shall o c v the residential dwglih unit on the same 13 PaKgg of land; and 14 iiii The horse shall be for personal use only, Under no circuiristanwc shal? the 15 ro erg be used for corniiereial = €i� oses< such as a commercial stable or 16 commercial ridIng around, and 17 iv The vortion of the parcel o land Sri va i l tlxc l ors 's is ket t i st be grit=rcl 18 fenced cid 19 iv rf feriocd areas or ericlosuies us®d for t fe containment of the horse(s) rnust b� 20 at least fifty 501 f°ep-t frorri any residential dwelling unit, excluding on:"the 21 residential dwellin r unit in which the owner of the horse s) resides. 22 (2 nor ar�els of land co itairi curer orie acre of a Iarid, are additional horse may be 23 niwmtained for each additional one--h f LI12 a rc c;f a land laricl. 24 25 IV RECOMMENDATION 26 27 Staff has found that the proposed text amendment would be consistent with the provisions of 28 §102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those 29 on which the text or boundary was based; 2. Changed assumptions (e.g., regarding 30 demographic trends); 3. Data errors, including errors in mapping, vegetative types and 31 natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for 32 additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that 33 the proposed text amendments are necessary due to a recognition of a need for additional 34 detail or comprehensiveness. 35 36 Staff recommends that the Board of County Commissioners amend the Monroe County Code 37 as stated in the text of this staff report. Page 3 of 3 (File #2012-036) MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. -2012 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ESTABLISHING MONROE COUNTY CODE §130-102, HORSES AND OTHER LIVESTOCK, TO ESTABLISH REGULATIONS RELATED TO THE KEEPING OF HORSES AND OTHER LIVESTOCK IN MONROE COUNTY, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning & Environmental Resources Department is proposing the establishment of Monroe County Code § 130-102 in order to establish criteria and clarify where horses and other livestock may be kept in unincorporated Monroe County; and WHEREAS, currently, the Monroe County Code and Monroe County Comprehensive Plan do not contain any provisions directly related to horses and livestock. In the past, horses have been allowed or prohibited by administrative interpretations of planning directors; and WHEREAS, horses are a type of animal defined within the definitions of animal and livestock in Monroe County Code §4-1; and WHEREAS, Monroe County Code §4-76 pertains to the keeping of wild animals and livestock but does not address horses; and WHEREAS, Monroe County Code §4-76 implies that zoning should allow livestock in an appropriate zoning district; however, no zoning districts have been established in the Land Development Code; and WHEREAS, the purpose of establishing Monroe County Code §130-102 is to clarify where horses and other livestock may be permitted in unincorporated Monroe County; and WHEREAS, during a regularly scheduled meeting on June 26, 2012, the Monroe County Development Review Committee reviewed the ordinance and recommended approval to the Board of County Commissioners; and WHEREAS, during a regularly scheduled public hearing on August 29, 2012, the Planning Commission reviewed the ordinance and recommended approval to the Board of County Commissioners; and Page 1 of 3 NOW 1 ., ORDAINED 1 1E COUNTY BOARD ,1: COUNTY1 1: . Section 1. Section 130-102 shall be established as follows: Sec. 130-102. Horses and Other Livestock. (a) Definition of livestock. Livestock means horses, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennies, burros, goats, kids, swine, and any other fur -bearing animals being raised in captivity, including those other animals recognized by the department of agriculture as being within the jurisdiction of its department. (b) Keeping of livestock. Excluding horses for personal use as allowed in subsection (c), the keeping of livestock may be permitted on parcels of land that have a land use (zoning) district designation that allows agriculture as a permitted use and/or are designated within an agricultural/aquacultural use overlay as set forth in section 130-120. (c) Keeping of a horse for personal use. Horses may be kept on residentially developed parcels of land as an accessory use if the following standards are met: (1) For parcels of land containing a minimum of one-half (1/2) acre of upland, one (1) or two (2) horses may be maintained thereon, provided that: (i) There shall be a lawful residential dwelling unit on the same parcel of land upon which the horse(s) is kept; and (ii) The owner of the horse(s) shall occupy the residential dwelling unit on the same parcel of land; and (iii)The horse(s) shall be for personal use only. Under no circumstance shall the property be used for commercial purposes, such as a commercial stable or commercial riding ground; and (iv)The portion of the parcel of land upon which the horse(s) is kept must be entirely fenced or enclosed by an appropriate structure to contain the horse(s); and (v) Any fenced areas or enclosures used for the containment of the horse(s) must be at least fifty (50) feet from any residential dwelling unit, excluding only the residential dwelling unit in which the owner of the horse(s) resides. (2) For parcels of land containing over one acre of upland, an additional horse may be maintained for each additional one-half (1/2) acre of upland land. Section 2. Severabiliq. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Page 2 of 3 Section 3. Confficting Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall apply. Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). Section 5. Finns. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the Florida State Land Planning Agency or Administration Commission approving the ordinance. Section t. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of the Code. Section 7. Effective Date. This ordinance shall become effective as provided by law and stated above. This ordinance applies to any permit, and or other development approval application submitted after the effective date. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2012. Mayor David Rice Mayor Pro Tem Kim Wigington Commissioner Heather Carruthers Commissioner Sylvia Murphy Commissioner George Neugent MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK Deputy Clerk By Mayor David Rice Page 3 of 3 MONROE LINTY ATTORNEY APPR VAS B Date: 9