An existing provision in Madison County’s Zoning Ordinance requiring a special use permit (SUP) for livestock in residential areas needs more work according to planning commissioners.
Earlier this year, the county received an SUP application from a resident wishing to have goats on his R-1, Residential, zoned property. Currently, keeping livestock on parcels under two acres is only allowed by an approved SUP. The application caused pause for supervisors who questioned the ordinance and ultimately, requested the planning commission to review the matter. Since then, it’s been kicked around with three options discussed–maintaining the ordinance as written, revising or amending it or striking it completely making the keeping of livestock on less than two acres a by-right use. During the Oct. 1 joint planning commission and board of supervisors’ meeting, the matter was again discussed.
Commissioner Mike Snider said the ordinance has existed a long time and there would have to be a good reason to change it. He said there are 1,197 parcels zoned R-1, Residential, that are less than two acres in the county.
Commissioner Nathan Cowan said people purchase residentially zoned land expecting to not have livestock nearby.
“People bought R-1 property knowing there were restrictions on livestock,” he said. “I think there’s a positive to that. I’m not in favor of making any changes to this. I think things are the way they are for a reason.”
Commissioner Zach Whitman said the issue is a tough one. While Madison County is an agricultural county and many children have some type of livestock, those purchasing residentially zoned land expect some of the courtesy of neighbors that come with that zoning. Commissioner Jim Smith suggested keeping the current restrictions in place, but allowing for a backyard flock and the automatic approval of any SUPs submitted by students for FFA and 4-H projects.
Snider suggested creating a waived fee or low fee for students instead of the usual $500 SUP application fee. Whitman agreed. However, commissioner Steve Carpenter said even without a fee, expenses are still incurred administratively as part of the SUP process. He said FFA, 4-H and other projects could be by-right instead of requiring an SUP. Commissioner Pete Elliott questioned why a goat couldn’t be a pet, noting pets aren’t limited due to the size of a property.
County resident Jennifer Mazzaros said some people might not be able to afford five or 10 acres and encouraged the commission to develop a way for children to be able to have livestock. She said as a mother of seven, $500 per application would be cost prohibitive.
“I would be heartbroken to look at my kid who adores his chickens [and tell him he couldn’t have them],” she said, noting that her child shares his eggs with others and caring for the animals teaches responsibility. She also encouraged including homeschooled children among those exempt from the fee.
Renee Phillips agreed. She said one option is to limit the number of animals per property.
“If you have less than two acres, that should be a limit anyway,” Phillips said. “It can’t sustain 12 goats. That could bypass all of these other problems. No 4-Her is going to want to have five pigs. You could limit it to one or two pigs.”
The commissioners unanimously agreed to table the issue to evaluate it further. The supervisors agreed. Meanwhile, the original application that started the conversation has been tabled by the applicant. Tabled applications must be decided on within 180 days which places the application for consideration in November.
