5.3. SR 11-16-2009c~~®n eues~~d
To specifically address the resident's concern regarding the fee for a conditional use permit staff
recommends lowering the fee by adding a line to the fee schedule:
Conditional Use Permit for agriculture animals in R-1a, A-1 $150.00
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At open mile on September 21, a resident voiced his concern with the cost associated with the review of
a conditional use permit for chickens. Staff was directed to research solutions.
Currently, agricultural animals are allowed in two zoning districts: R-1 a and A-~ . Lots less than five acres
require a conditional use permit, and lots larger than five acres are permitted by right. 1n both cases, the
number of animals is regulated by a ratio of animal unit value based in part by the weight of the anunal}
to the number of ages of fenced pasture land.
Solutions considered by staff included.
Amending the definition of agricultural anianals to exclude chicl~ens
Reducing the acreage where a conditional use is triggered The ordinance currently states, in
part, that any lot less that five acres requires a conditional use permit.}
It is impossible to accurately and consistently predict the expectation of homeowners and the
expectations of their neighbors. where conflict occurs it is impossible to manage these differing
expectations in ordinance form, often, communities tape an all or nothing approach: They are allowed
by conditional use virtually anywhere ~in specific districts} or they are allowed by right ~in specific
districts. The City of Ells River regulates agricultural animals with the conditional use permit process
which is established by State Statute.
Part of the concern is that not all animals are appropriate on all lots within a given zoning district. Lots in
the R-~ a zoning district, for example, vary widely in size, Acreage is not the sole method in
appropriateness of agricultural animals. ether factors of equal importance include type of animals,
proximity to neighbors, cha~•acter of the neighborhood. Acreage is an easy quantifiable criteria used to
trigger formal review. In lots smaller than five acres, those other factors come into play more frequently.
Tn lots greater than 5 acres, these factors are frequently less an issue.
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Because of these reasons, staff does not recommend changes that would allow agricultural animals as a
permitted use in small lots ~.ess than 5 acres}. The conditional use permit process for all agricultural
animals seems mast appropriate and most beneficial to the community at large. However, this process
does incur real costs associated with public hearing publication, mailing, and recording. ~Iith an
applica~on fee of $i5o, the City will be subsidizing these applications, Hourever, in staffs opinion, it is
more desirable to subsidize than to deregulate these potentially detrimental uses.
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