(Click here to view the Howard County Comprehensive Zoning Hearing on July 16, 2013 that addressed the farm and ag related aspects of Plan Howard 2030.)
Howard County Department of Planning and Zoning has released it proposed revisions of the revisions of the regulations related to farming (Proposed Revisions Part 6). Click here to read The Equiery’s background and community feedback on why the county is issuing these revisions. Comments on these revised revisions can be posted here or emailed to email@example.com. All amendments must be filed by Tuesday, July 23, 2013, so the earlier comments are posted, the better.
The language typeset in in blue uppercase reflects the July 16, 2013 revisions to the originally proposed amendments, which appear in red uppercase. Current DPZ language appears in black ink, lower cased. To read the original proposed amendments, please click here for Plan Howard 2030.
Add a new definition:
LIVESTOCK: ANIMALS TYPICALLY KEPT FOR FARMING PURPOSES, SUCH AS, BUT NOT LIMITED TO, COWS, GOATS, HORSES AND OTHER EQUUS, POULTRY AND OTHER FOWL, SHEEP, OR SWINE. FISH AND OTHER AQUATIC ANIMALS RAISED BY AQUAFARMING ARE CONSIDERED TO BE LIVESTOCK. CATS, DOGS, RABBITS AND OTHER SIMILAR SMALL ANIMALS OFTEN KEPT AS PETS ARE NOT CONSIDERED TO BE LIVESTOCK. BEES ARE NOT CONSIDERED TO BE LIVESTOCK.
ANIMAL UNIT: A UNIT OF MEASUREMENT — USED TO REGULATE THE NUMBER OF LIVESTOCK [[ANIMAL TYPES]] ON A RESIDENTIAL LOT OR PARCEL, BUT IS NOT APPLICABLE TO FARMS [[BASED ON THE POTENTIAL FOR PASTURAGE]]. ONE ANIMAL UNIT EQUALS THE FOLLOWING:
A. ONE HORSE, [[OR]] MULE, OR COW.
B. TWO PONIES, MINIATURE HORSES OR DONKEYS, TWO PIGS.
C. FOUR LLAMAS OR [[ALPACAS]] OSTRICHES.
D. [[FIVE]] TEN SHEEP, [[OR]] GOATS, OR ALPACAS
ANIMAL UNIT RATIO REQUIREMENTS FOR OTHER LIVESTOCK OR IMMATURE ANIMALS OR FOWL SHALL BE MADE ON A CASE BY CASE BASIS USING GENERALLY AVAILABLE INFORMATION ON ANIMAL UNIT EQUIVALENCIES AND THE GENERALLY ACCEPTED RATIO THAT ONE ANIMAL UNIT APPROXIMATELY EQUALS 1,000 POUNDS OF LIVE ANIMAL WEIGHT. FISH AND OTHER AQUATIC ANIMALS IN AQUAFARMING FACILITIES ARE NOT SUBJECT TO ANIMAL UNIT REQUIREMENTS.
Revise a current definition:
[[76.]] Farm: A lot or parcel principally used for farming [[, WHICH RECEIVES THE AGRICULTURAL — USE ASSESSMENT FOR TAX PURPOSES, IN ACCORDANCE WITH COMAR 18.02.03.]] THAT IS 3.0 ACRES OR LARGER. [[[Council Bill 9-2011 (ZRA-130) Effective 7/4/11]]]
Revise a current definition:
[[77.]] Farming: The use of land for agricultural purposes, including: [[agriculture, apiaries, horticulture, orchards, agricultural nurseries, viticulture, aquaculture, silviculture, and animal and poultry husbandry. Farming includes basic processing of agricultural products as defined in this section (see “agricultural processing, primary”), but shall not include the acceptance or disposal of land clearing debris or rubble which originates off-site or the commercial feeding of garbage or offal to swine or other animals. The breeding, raising, training, boarding and general care of livestock for uses other than for food, such as sport or show purposes, as pets, or for recreation, shall be considered a normal farming function, but kennels are excluded from this definition.]]
A. CROP PRODUCTION, APIARIES, HORTICULTURE, ORCHARDS, AGRICULTURAL NURSERIES, VITICULTURE, SILVICULTURE, AQUACULTURE, AND ANIMAL AND POULTRY HUSBANDRY;
B. THE GROWING, HARVESTING AND PRIMARY PROCESSING OF AGRICULTURAL PRODUCTS;
C. THE BREEDING, RAISING, TRAINING, BOARDING AND GENERAL CARE OF LIVESTOCK FOR — USES OTHER THAN FOOD, SUCH AS SPORT OR SHOW PURPOSES, AS PETS OR FOR RECREATION.
D. THE OPERATION OF AGRICULTURAL MACHINERY AND EQUIPMENT THAT IS AN ACCESSORY — USE TO A [[PRINCIPAL]] FARMING FUNCTION. AGRICULTURAL MACHINERY AND EQUIPMENT MAY BE — USED ON FARMS THAT ARE NOT THE FARM ON WHICH THE MACHINERY AND EQUIPMENT IS NORMALLY STORED;
E. THE CONSTRUCTION AND MAINTENANCE OF BARNS, SILOS AND OTHER SIMILAR STRUCTURES SUBJECT TO COMPLIANCE WITH ANY APPLICABLE BULK REGULATIONS;
F. THE TRANSPORTATION, STORAGE, HANDLING AND APPLICATION OF FERTILIZER, SOIL AMENDMENTS, PESTICIDES AND MANURE, SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS; [[AND]]
G. THE TEMPORARY, ONSITE PROCESSING OF CHICKENS OR RABBITS ON A FARM IN ACCORDANCE WITH THE AGRICULTURE ARTICLE OF THE ANNOTATED CODE OF MARYLAND; AND
[[G]]H. OTHER — USES DIRECTLY RELATED TO, OR AS AN ACCESSORY — USE OF, THE PREMISES’ AGRICULTURAL PURPOSES.
Revise a current definition:
ZONING PERMIT: A DOCUMENT ISSUED BY THE HOWARD COUNTY DEPARTMENT OF PLANNING AND ZONING AUTHORIZING AN ENTITY TO BEGIN [[AN ACTIVITY]] CERTAIN ACTIVITIES OR — USES [[PROVIDED FOR]] AS REQUIRED IN SECTION 128.0 OF THESE ZONING REGULATIONS.
In each district which currently permits farming:
Farming.[[[], provided that on a [[lot]] RESIDENTIAL LOT OR PARCEL of less than 40,000 square feet [[, no fowl other than for the normal use of the family residing on the lot and]] no livestock shall be permitted[]]], HOWEVER, RESIDENTIAL CHICKEN KEEPING IS ALLOWED AS NOTED IN SECTION 128.0.
Revise current subsection in Section 128.0:
10. LIVESTOCK ON RESIDENTIAL LOTS OR PARCELS
[[ONLY]] IN RESIDENTIAL DISTRICTS WHERE IT IS ENUMERATED AS AN ACCESSORY — USE, LIVESTOCK ARE PERMITTED ON RESIDENTIAL LOTS OR PARCELS SUBJECT TO THE CRITERIA BELOW.
A. THE LOT OR PARCEL SIZE SHALL BE [[3 ACRES]] 40,000 SQUARE FEET OR LARGER.
[[B. THE SINGLE-FAMILY RESIDENCE SHALL BE IN — USE AS A DWELLING.]]
C. THE MAXIMUM NUMBER OF LIVESTOCK ANIMALS IS ONE ANIMAL UNIT OR FRACTION THEREOF FOR EACH [[1.5 ACRES]] 1.0 ACRE OF LOT AREA, PROVIDED, HOWEVER, THAT A HIGHER RATIO MAY BE ALLOWABLE AFTER THE PROPERTY OWNER COLLABORATES WITH THE HOWARD COUNTY SOIL CONSERVATION DISTRICT TO DEVELOP A PROPERTY-SPECIFIC SOIL AND WATER CONSERVATION PLAN FOR PROPERTY MANAGEMENT.
D. THE ANIMAL SHELTER LOCATION(S) SHALL COMPLY WITH THE ANIMAL SHELTER SETBACK REQUIREMENTS IN SECTION 128.0.[[B.]] A. SETBACK VARIANCES, HOWEVER, MAY BE APPROVED BY THE HEARING AUTHORITY.
Revise Section 128.0.A.4
[[4. Required Setback for Certain Farm Uses
In all districts where farming is a permitted use, the following shall not be allowed within 200 feet of an existing dwelling on a different lot:
a. An animal shelter including a building, shed, roofed structure or movable shelter that houses or provides protection for animals other than household pets, except for apiaries which meet the requirements of subsection O; or
[Council Bill 55-2010 (ZRA-117) Effective April 13, 2011]
b. The storage of manure.]]
4. ANIMAL SHELTER SETBACK REQUIREMENTS
STRUCTURES — USED FOR THE HOUSING, BOARDING, OR SHELTERING OF ANIMALS, INCLUDING BUT NOT LIMITED TO BARNS, BUILDINGS, HUTCHES, SHEDS, ROOFED STRUCTURES, AND PREFABRICATED MOVEABLE ANIMAL HO– USES, AND ANY AREAS — USED FOR THE STORAGE OF ANIMAL EXCREMENT, [[SHALL BE LOCATED A MINIMUM OF 200 FEET FROM ANY EXISTING DWELLING ON A DIFFERENT LOT AND]] SHALL COMPLY WITH THE ACCESSORY STRUCTURE SETBACK REQUIREMENT FOR THE APPLICABLE ZONING DISTRICT. [[THE FOLLOWING ARE EXEMPTED FROM THIS REQUIREMENT:]]
IN ADDITION, ANIMAL SHELTERS MEASURING LARGER THAN 500 SQUARE FEET IN SIZE SHALL BE LOCATED A MINIMUM OF 200 FEET FROM ANY EXISTING DWELLING ON A DIFFERENT LOT AND ANIMAL SHELTERS 500 SQUARE FEET OR SMALLER SHALL BE LOCATED A MINIMUM 100 FEET FROM ANY EXISTING DWELLING ON A DIFFERENT LOT. THE FOLLOWING ARE EXEMPTED FROM THIS REQUIREMENT:
A. SHELTERS — USED FOR HO– USEHOLD PETS.
B. SHELTERS — USED FOR RESIDENTIAL CHICKEN KEEPING WHICH COMPLY WITH THE REQUIREMENTS FOR SUCH STRUCTURES AS PROVIDED IN SECTION 128.0.D.
C. APIARIES WHICH COMPLY WITH THE REQUIREMENTS AS PROVIDED IN SECTION 128.0.N.
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