November 15, 2017

Summary of Keeping of Livestock Text Amendment

The proposed amendment to the Chesapeake Zoning Ordinance, dated October 20, 2017, clarifies and
corrects Zoning Ordinance provisions that pertain to the keeping of livestock on residential properties in
the RE-1, Residential Estate, and A-1, Agricultural, zoning districts. The amendments specifically provide
a new mechanism to regulate livestock based on relative impact and limits the regulation of livestock as
an accessory use on RE-1 and A-1 properties to only those properties that consist of 10 or fewer acres.

Key changes include:

1. Section 3-403: Adds a definition for animal units (au) and a chart with the equivalent value
of one animal unit for large and small animal livestock. The list is not all-inclusive of every
kind of livestock. To that end, the ordinance includes a provision which allows animals that
are not listed to be treated in the same manner as a listed animal that is of a similar nature
and character.

Large Animals: Small Animals:

1 head of cattle = 1 au 1 chicken = 0.033 au
1 swine = 0.5 au 1 duck = 0.0625 au
1 horse = 0.25 au 1 turkey/goose = 0.125 au
1 sheep = 0.2 au 1 rabbit = 0.033 au
1 goat = 0.2 au
1 llama = 0.2 au
1 alpaca = 0.2 au
*Note: staff considered the number of livestock (e.g., horses and ponies) that
are currently allowed and tried to maintain consistency when writing this
amendment. Similarly, the proposed ordinance continues to prohibit swine in the
RE-1 district.

2. Sections 6-2102 and 6-2102 (RE-1) and 10-601 and 10-602 (A-1): Amends the Tables of
Permitted and Conditional Uses for RE-1 and A-1 to provide that Agricultural Large and
Small Animal Livestock is a permitted use; provided that such use is in conformance with
Zoning Ordinance provisions (e.g., setbacks for stables and enclosures) and the permitted
animal units are not exceeded. The tables previously dictated that such use was
conditionally allowed, which was more restrictive.
a. Permits the following animal units per lot as an accessory use in the RE-1 and A-1
districts:

Acreage: Permitted large and/or small

animal units:
Less than 2 acres 0.5
2 to less than 3 acres 1
3 to less than 5 acres 2
5 to less than 10 acres 3
10 or more acres No limitation

b. Example: a 3.01 acre lot zoned A-1 or RE-1 is permitted 2 animal units. Under
proposed animal unit values, this would allow up to 8 horses or 60 chickens, or an
equivalent combination (i.e., 4 horses and 30 chickens).
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3. Section 10-502 and 10-503: Clarifies and simplifies the development standards for all A-1
lots by clearly identifying which standards apply to nonresidential and residential uses. A-1
lots under ten (10) acres with a residential structure are still subject to RE-1 development
standards (e.g., setbacks, lot size, etc.) and the amendment only seeks to simplify the
language.

4. Section 10-502: Deletes the provision which currently requires A-1 lots with a residential
structure (i.e., residential use) to comply with the RE-1 Table of Permitted and Conditional
Uses (i.e., an A-1 lot may currently only conduct the uses that are permitted or conditionally
allowed in the RE-1 district). The proposed amendment seeks to change that provision and,
instead, allow all A-1 properties to conduct the permitted or conditional uses in the A-1
Table of Permitted and Conditional Uses.

5. Sections 14-101 and 14-102: The provisions related to setbacks were rewritten to simplify
the restrictions. The new rules are as follows:
a. Stables and animal enclosures:
i. RE-1 lots: must be setback 50 feet from any lot line if a contiguous lot is
zoned for any other residential zoning other than RE-1 (e.g., R-15s). If all
contiguous lots are zoned RE-1, A-1, or other non-residential zoning district,
there is no setback for enclosures and stables must be setback 3 feet 20
feet, depending on lot line and dimensions.
ii. A-1 lots: must be setback 25 feet from any lot line if a contiguous lot is
zoned for any residential zoning other than RE-1 (e.g., R-15s). If all
contiguous lots are zoned RE-1, A-1, or other non-residential zoning district,
there is no setback for enclosures and stables must be setback 3 feet 20
feet, depending on lot line and dimensions.
b. Kennels:
i. RE-1 and A-1 lots: must be setback 500 feet from any lot line of property
zoned or used for residential purposes. If the kennel is soundproofed, the
setback is 200 feet. If a smaller setback is desired, then an owner may apply
for a conditional use permit.

6. Section 14-904: Amended the provision regarding the temporary keeping of livestock as
part of an educational program (e.g., 4-H Programs) to maintain consistency among terms
and required setbacks. Text was also added to explicitly state that animals allowed under
this section are in addition to any permitted animal units.