Title
AN ORDINANCE AMENDING CHAPTERS 1201 “GENERAL PROVISIONS,” 1205, “ZONING DISTRICTS - CITY OF HUDSON ZONING MAP,” 1206, “USE REGULATIONS,” 1207 “ZONING DEVELOPMENT AND SITE PLAN STANDARDS,” 1213 “DEFINITIONS,” AND APPENDIX D “ARCHITECTURAL DESIGN STANDARDS” OF THE LAND DEVELOPMENT CODE TO IMPLEMENT AGRICULTURAL USE PROVISIONS.
Brief Description: Proposed amendment to the Land Development Code regulations associated with agricultural use standards. The amendments combine applicable standards for agricultural uses accessory to a residential dwelling into a consolidated ordinance to clarify existing regulations and further support small scale hobby farming.
Body
Legislative History
Council conducted a workshop discussion on May 25, 2021, regarding possible amendment topics per agenda items 21-0043.
Purpose & Explanation
Council formally discussed agricultural use regulations and possible topics to address during the May 25, 2021, workshop meeting. Based on Council discussion and direction, staff has prepared a draft ordinance for consideration by City Council.
The proposed amendments combine applicable standards for agricultural uses that are accessory to a residential dwelling into a consolidated hobby farm ordinance. The proposed amendments are intended to clarify existing regulations and further support small scale hobby farming in response to growing community interest for such activities.
1. Raised garden beds - Section 1201.07
2. Agricultural Use (Primary use, commercial farm) - Section 1205
3. Hobby Farms (smaller scale accessory use to a residential property) - Section 1206.03
a. Chickens
b. Beekeeping
c. Roadside stands
d. Barn regulations
4. Agricultural use setbacks standards: 1207.19
5. Architectural Design Standards - Appendix D
a. Hoop Houses
b. Fencing
Public Comment: As part of the Planning Commission review process, staff also obtained general public comment through the city website and social media. The comments received are attached. Residents were generally supportive with some comments of concerns noted regarding chickens and roosters. Of note, the draft hobby farm ordinance would not permit roosters as the backyard chicken allowance is restricted to hens.
Planning Commission: Planning Commission reviewed the draft amendment at their meetings of August 9, 2021 and September 13, 2021. The Planning Commission recommended approval with the following conditions:
• Amended to also allow hobby farms for all uses within residentially zoned districts (rather than just residential uses). This would include schools, parks, cultural facilities, and places of religious worship. Staff sees educational and community benefit to allowing hobby farms as accessory to these uses.
• Beekeeping: Based on public testimony and feedback from the Summit County Beekeepers Association, the following was amended:
o Number of permitted hives was increased from four (4) to eight (8).
o Maximum volume of a hive removed
o Maximum height increased from six (6) feet to seven (7) feet
o Requirement that hives be kept in good condition removed as the requirement is already codified in the ORC and overseen by the Summit County Inspector.
o Requirement for a water source removed as it would be part of the Cty inspection.
o Requirement for hives to face the interior of the lot removed as the 25ft setback would ensure bees are not being dispersed directly on adjacent properties.
• Roadside stands: Minor change to require items to be removed or secured at the end of each day. Staff received comment expressing concern with bringing in all items at the end of each day. The change would allow items to be secured within the roadside stand.
• Definitions: a reference to Hobby Farms (accessory use) has been added within the definition for general agricultural operations (primary use).
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04, Contracts & Purchasing:
Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
Other [provide explanation]
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
X Appropriation Not Required
Does this legislation require use of an emergency clause?
Yes [if so, explain why]
X No
Recommendation
Suggested Action
Staff recommends City Council receive the Planning Commission recommendation, conduct a public hearing and then act on the proposed amendment.
Submitted by,
Jane Howington, City Manager
Thomas J Sheridan, Asst City Manager, Professional Services
Greg Hannan, Community Development Director
Nick Sugar, City Planner