1. January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY

2. BACKGROUND CASE:ZM-07-10-010 APPELLANT:David and Jennifer Foley REQUEST:Appeal of the Zoning Managers determination in R-1A zone that: 1. Aviculture with associated aviaries is not permitted as a principal use or accessory use in the R-1A zoning district; 2. Aviculture with associated aviaries is not permitted as a home occupation in the R-1A zoning district. ZONING:R-1A TRACT SIZE:75 ft. x 119 ft. LOCATION:East side of N. Solandra Dr., south of Old Cheney Highway DISTRICT:#3 (NOTE: County-wide application)

3. HISTORY Feb., 2007:Code Enforcement issues citation to appellant for having enclosures without permitsFeb., 2007:Code Enforcement issues citation to appellant for having enclosures without permits April, 2007: Code Enforcement Board finds appellant in violation. Has until June 17, 2007 to complyApril, 2007: Code Enforcement Board finds appellant in violation. Has until June 17, 2007 to comply June, 2007: Appellant removes the enclosures. Case closedJune, 2007: Appellant removes the enclosures. Case closed April-July: Appellant requests Zoning Managers determination on whether the raising and selling of exotic birds for financial gain is permitted from his homeApril-July: Appellant requests Zoning Managers determination on whether the raising and selling of exotic birds for financial gain is permitted from his home July, 2007: Zoning Manager determines appellants use is commercial aviculture. Commercial aviculture not permitted in single family zoning districts July, 2007: Zoning Manager determines appellants use is commercial aviculture. Commercial aviculture not permitted in single family zoning districts Aug., 2007:Appellant files appeal to BZAAug., 2007:Appellant files appeal to BZA Nov., 2007:BZA determines the use is commercial aviculture and upholds Zoning Managers determinationNov., 2007:BZA determines the use is commercial aviculture and upholds Zoning Managers determination Jan., 2008:BCC public hearingJan., 2008:BCC public hearing

4. AERIAL

5. ZONING MAP

6. SITE PLAN

7. SITE PHOTOGRAPH

8. APPLICANTS BIRD ENCLOSURES

10. WHY IS APPLICANTS USE CLASSIFIED AS COMMERCIAL AVICULTURE? Sec. 38-1 Defines Commercial AvicultureSec. 38-1 Defines Commercial Aviculture

11. DEFINITION OF COMMERCIAL AVICULTURE (PER ZONING CODE)

12. APPLICANTS SALES CONTRACT

14. APPLICANTS WEBSITE

15. APPLICABLE CODE REFERENCES Principal Uses 1. Principal Uses 2. Accessory Uses 3. Home Occupation

16. PRINCIPAL USE SECTION 38-77, USE TABLE

17. PRINCIPAL USE Sec. 38-74(b)(1) No primary use shall be permitted in a district unless the letter P or S appears in the appropriate cell No primary use shall be permitted in a district unless the letter P or S appears in the appropriate cell

18. ACCESSORY USE Sec. 38-1 Defines Accessory Structure or UseSec. 38-1 Defines Accessory Structure or Use Sec. 38-79 (114)(a), (b), (c) outlines conditions for accessory usesSec. 38-79 (114)(a), (b), (c) outlines conditions for accessory uses

19. DEFINITION OF ACCESSORY STRUCTURE OR USE

20. ACCESSORY USE SEC. 38- 79(114) (a), (b), (c) Subsections (a), (b) – standards for accessory structure used for living purposesSubsections (a), (b) – standards for accessory structure used for living purposes Subsection (c) – standards for non-living accessory structure. Code outlines examples of such uses:Subsection (c) – standards for non-living accessory structure. Code outlines examples of such uses: Storage spaceStorage space WorkshopWorkshop ShedShed carportscarports

21. HOME OCCUPATION Sec. 38-1 defines Home OccupationsSec. 38-1 defines Home Occupations Sec. 38-79 (8) – restricts retail sales as home occupationSec. 38-79 (8) – restricts retail sales as home occupation

22. DEFINITION OF HOME OCCUPATION

23. SEC. 38-79 HOME OCCUPATIONS

24. SEC. 38-79 (8) HOME OCCUPATION Retail sales shall be a permitted use, provided as follows: only paperwork and phone work, no merchandise on site, drop shipment only Retail sales shall be a permitted use, provided as follows: only paperwork and phone work, no merchandise on site, drop shipment only

25. STAFF ANALYSIS Applicant proposes to keep and sell exotic birds for financial gain from an R-1A zoned residenceApplicant proposes to keep and sell exotic birds for financial gain from an R-1A zoned residence Applicants use is commercial avicultureApplicants use is commercial aviculture Zoning Code does not permit commercial aviculture in R-1A zoning district, as principal use, accessory use or home occupationZoning Code does not permit commercial aviculture in R-1A zoning district, as principal use, accessory use or home occupation County-wide implicationsCounty-wide implications

26. BZA FINDINGS Zoning regulations identified appellants use as commercial avicultureZoning regulations identified appellants use as commercial aviculture Zoning regulations do not permit commercial aviculture in single family zoning districtsZoning regulations do not permit commercial aviculture in single family zoning districts Appellants use is not a home occupation or accessory useAppellants use is not a home occupation or accessory use

27. BZA RECOMMENDATION Uphold Zoning Managers determination in R-1A zone that: 1.Aviculture with associated aviaries is not permitted as a principal use or accessory use; and 2.Aviculture with associated aviaries is not permitted as a home occupation. (Unanimous vote)

28. BCC ACTION REQUESTED ACTION REQUESTED: Uphold the Zoning Managers determination consistent with the BZA recommendation

29. January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY