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HomeMy WebLinkAbout8/28/2012 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CEN - rER ON TUESDAY, AUGUST 28, 2012 RESOLUTION 082812 -1 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke county, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for August 28, 2012, designated as Item H - consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3 inclusive, as follows: 1. Approval of minutes — August 14, 2012 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to George W. Simpson III, County Engineer, upon his retirement after more than twenty -six (26) years of service 3. Confirmation of appointment to the Capital Improvement Program (CIP) Review committee (appointed by District) On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, church, Elswick, Flora NAYS: None A CORY TESTE: Deborah C. Jacks v Clerk to the Board of Supervisors Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 28, 2012 RESOLUTION 082812 -1.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GEORGE W. SIMPSON III, COUNTY ENGINEER UPON HIS RETIREMENT AFTER MORE THAN TWENTY -SIX (26)YEARS OF SERVICE WHEREAS, George Simpson was hired on May 13, 1985, and has worked as a Civil Engineer I, Civil Engineer II, Assistant Director of Engineering, Assistant Director of Community Development and County Engineer during his tenure with Roanoke County; and WHEREAS, Mr. Simpson retired on July 31, 2012, after twenty -six (26) years and three (3) months of devoted, faithful and professional service with the County; and WHEREAS, during his time serving Roanoke County, Mr. Simpson provided technical oversight for many engineering projects such as: South County Library /Merriman Road Roundabout; CRT Construction Plans and Development; Boxley Hills Drainage; South County Stormwater Management Facility; Flood Prone Sun Valley /Palm Valley Floodplain Mitigation Properties; Development and Delivery of Roanoke County Municipal Separate Storm Sewer System; Greenhill Park Improvements; Renovation of Kessler Mill and County Administration buildings; and WHEREAS, Mr. Simpson was very instrumental in many road projects such as: Valley Gateway Industrial Access Road; and numerous Rural Additions Road Projects; and WHEREAS, Mr. Simpson managed the cleanup of the Dixie Caverns Landfill Superfund Site; development of grant applications and implementations of Roanoke County Stormwater Management Ordinance; and Mudlick Creek Stream Restoration in Garst Mill Park; and Page 1 of 2 WHEREAS, Mr. Simpson served many committees and commissions such as: Stormwater Management Technical Advisory; Stormwater Citizen Advisory; Impact and Regional Management; and Greenway commission; and worked with Corp of Engineers to resolve problems with base map for Roanoke County; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does express its deepest appreciation and the appreciation of the citizens of Roanoke County to GEORGE W. SIMPSON III, for twenty -six (26) years and three (3) months of capable, loyal and dedicated service to Roanoke county; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A CO TESTE: Deborah C. Jacks' Lol Clerk to the Board of Supervisors Page 2 of 2 ACTION NO. A- 082812 -1. b ITEM NO. H -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 28, 2012 AGENDA ITEM: Confirmation of appointment to the Capital Improvement Program (CIP) Review Committee (appointed by District) SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (appointed by District) Supervisor Joseph B. "Butch" Church has recommended the reappointment of Christina Flippen for a one -year term to expire on August 31, 2013. Ms. Flippen represents the Catawba Magisterial District. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: W. Brent Robertson, Director of Management and Budget Page 1 of 1 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: W. Brent Robertson, Director of Management and Budget Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 28, 2012 RESOLUTION 082812 -2 SUPPORTING THE PROPOSED IMPROVEMENTS TO ROUTE 688, COTTON HILL ROAD WHEREAS, the Virginia Department of Transportation (VDOT) plans to improve 0.64 miles of Route 688, Cotton Hill Road, as part of the Secondary Six -Year Improvement Plan; and WHEREAS, the Cotton Hill Road project is the top priority project in the Secondary Six -Year Improvement Plan for Roanoke County; and WHEREAS, on March 15, 2012, a public hearing was held at South County Library to present the proposed scope of work, with VDOT and Roanoke County staff attending; and WHEREAS, sixty -five (65) citizens attended the March 15, 2012, public hearing with some requesting a ten (10) -foot wide multi -use path adjacent to the roadway; and WHEREAS, VDOT recommends that the major design features shown at the March 15 2012, public hearing be approved with additional right -of -way and graded width provided for future greenway or multi -use path accommodation; and WHEREAS, on August 14, 2012, the Board of Supervisors held a work session to review the proposed road improvements, and there was no opposition to the proposed scope of work; and WHEREAS, VDOT fiscal year 2013 -2018 Secondary System Construction Program projected allocations are expected to cover costs of the road improvements; NOW, THEREFORE, BE IT RESOLVED, that the Board hereby supports plans to improve 0.64 miles of Route 688, Cotton Hill Road; and Page 1 of 2 E the Vir Department of Transportation. On motion of Supervisor Moore to adopt the resolution; that the Count Ad min, isitr�atoir send a letter, to VD101T askin that it contact Roanoke Count before r '51111 l I I I I I illilll � wo rk sess i o n p ri o r to th e bi d ad ve rt ise m e nt , wh i ch was ca rri ed b th e fo I lowi; n roll I ca 1: 11 a nd A& ATES: S u ITA rof*R -MAI 3 2 M. IMRMIV-01 M c1c"i Arnold Cove Director of Communit Development David Hollida Plannin Administrator Vir Department of Transportation AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 28, 2012 RESOLUTION 082812 -3 OF ENDORSEMENT FOR THE LANDSCAPING PROJECT AT THE INTERSECTION OF WILLIAMSON ROAD AND PETERS CREEK ROAD IN ROANOKE COUNTY, VIRGINIA WHEREAS, Friendship Retirement Community and the Williamson Road Area Business Association have committed to fund and maintain for five (5) years new landscaping and signage at the intersection of Williamson Road and Peters Creek Road in Roanoke County, Virginia; and WHEREAS, this landscaping and signage project would implement the County's 2008 Hollins Area Plan, which is a component of the 2005 Roanoke County Community Plan; and WHEREAS, these improvement activities fall under the Virginia Department of Transportation (VDOT) Comprehensive Roadside Management Program; and WHEREAS, this VDOT program requires the local governing body to hold a public hearing and adopt a resolution of endorsement prior to project approval by VDOT; and WHEREAS, the Board of Supervisors was briefed on this project in a work session on August 14, 2012, by County staff and the Board held a public hearing on this project after advertisement as required by law on August 28, 2012. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, AS FOLLOWS: 1. That the Board finds that this landscaping and signage project at the intersection of Williamson Road and Peters Creek Road is consistent with the Page 1 of 2 goals of the County's 2008 Hollins Area Plan, which is a component of the 2005 Roanoke County Community Plan. 2. That the Board accepts the offer of the Friendship Retirement Community and the Williamson Road Area Business Association to fund and maintain for five (5) years the landscaping and signage at the intersection of Williamson Road and Peters Creek Road. 3. That the Board hereby adopts this Resolution of Endorsement for the landscaping project at the intersection of Williamson Road and Peters Creek Road, and requests the Virginia Department of Transportation to approve this project under its Comprehensive Roadside Management Program. 4. That the Clerk to the Board of Supervisors is directed to send a copy of this resolution to the Virginia Department of Transportation, Friendship Retirement Community and the Williamson Road Area Business Association. On motion of Supervisor Flora to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COPY TESTE: Deborah C. Jack Clerk to the Board of upervisors cc: Megan Cronise, Principal Planner Virginia Department of Transportation Friendship Retirement Community Williamson Road Area Business Association Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 28, 2012 ORDINANCE 082812 -4 AMENDING SECTION 21 -202 OF THE ROANOKE COUNTY CODE PROVIDING FOR AN INCREASE IN THE TRANSIENT OCCUPANCY TAX, DESIGNATION FOR THE USE OF THE PROCEEDS AND A DELAYED EFFECTIVE DATE WHEREAS, the 2012 session of the Virginia General Assembly amended Section 58.1- 3819.1 of the Code of Virginia to allow Roanoke County to increase its transient occupancy tax from five percent (5 %) to seven percent (7 %); and WHEREAS, this increase in the transient occupancy tax must be "expended solely for advertising the Roanoke metropolitan area as an overnight tourist destination by members of the Roanoke Valley Convention and Visitors Bureau" as provided in Chapter 340 of the Acts of Assembly; and WHEREAS, the first reading of this ordinance was held on August 14, 2012, and the second reading and public hearing was held on August 28, 2012, after the publication of legal notice as required by law. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 21 -202 is hereby amended and reenacted as follows: Sec. 21 -202 Levied; rate There is hereby imposed a transient occupancy tax on hotels and travel campgrounds on each and every transient, equivalent to seven (7) percent of the total amount of charge for the occupancy of any room or space provided. Said tax constitutes a debt Page 1 of 3 owed by the transient to the county which is extinguished only by payment to the operator or to the county. The transient shall pay the tax to the operator of the hotel or travel campground at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel or travel campground. 2. That the proceeds from the increase in this tax from five percent (5 %) to seven percent (7 %) shall be designated and expended solely for advertising the Roanoke metropolitan area as an overnight tourist destination by members of the Roanoke Valley Convention and Visitors Bureau. For purposes of this ordinance, "advertising the Roanoke metropolitan area as an overnight tourism destination" means advertising that is intended to attract visitors from a sufficient distance so as to require an overnight stay. 3. That this ordinance shall become effective from and after January 1, 2013. Page 2of3 On motion of Supervisor Flora to adopt the ordinance, with a request that staff evaluate the impact on Roanoke County and the Roanoke Valley after January 1, 2017 and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A CQPY TESTE: Deborah C. Jacks V Clerk to the Board of Supervisors cc: Paul M. Mahoney, County Attorney B. Clayton Goodman III, County Administrator Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, AUGUST 28, 2012 ORDINANCE 082812 -5 REZONING 47.7 ACRES FROM EP, EXPLORE PARK DISTRICT, TO AG -3, AGRICULTURAL /RURAL PRESERVE DISTRICT, LOCATED OFF HAMMOND DRIVE VINTON MAGISTERIAL DISTRICT (TAX MAP NO. 071.00-01-03.00), UPON THE APPLICATION OF A. B. HAMMOND WHEREAS, the first reading of this ordinance was held on July 24, 2012, and the second reading and public hearing were held August 28, 2012; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 7, 2012; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 47.7 acres, as described herein, and located off Hammond Drive (Tax Map Number 070.00 -01- 03.00) in the Vinton Magisterial District, is hereby changed from the zoning classification of EP, Explore Park District, to the zoning classification of AG -3, Agricultural /Rural Preserve District. 2. That this action is taken upon the application of A. B. Hammond. 3. That said real estate is more fully described as follows: Being 47.7 acres of real estate located off Hammond Drive and further described as Tax Map No. 070.00 -01- 03.00. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to Page 1 of 2 amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Altizer, Church, Elswick, Flora NAYS: None ABSENT: Supervisor Moore Deborah C. Jacks Clerk to the Board of cc: Arnold Covey, Director of Community Development Tarek 'Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning Paul M. Mahoney, County Attorney Billy Driver, Director of Real Estate Valuation John Murphy, Zoning Administrator pervisors Page 2of2 A COPY TESTE: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 28, 2012 ORDINANCE 082812 -6 AMENDING THE PROFFERED CONDITIONS ON APPROXIMATELY 4.7 ACRES OF REAL ESTATE ZONED C -1 C, OFFICE DISTRICT WITH CONDITIONS, AND OBTAINING A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY, LOCATED AT 2315 BRIDLE LANE AND THE 2400 BLOCK OF ELECTRIC ROAD (ROUTE 419) (TAX MAP NOS. 076.11 -03- 75.00 076.11 -03- 76.00) WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, on November 11, 2008, the Board of Supervisors adopted Ordinance #111108 -11 changing the zoning classification of approximately 4.75 acres of real estate located at 2315 Bridle Lane and the 2400 block of Electric Road, respectively, to C -1 C, Office District with conditions upon the application of the Cherney Development; and WHEREAS, the Applicant, Christ the King Presbyterian Church, has petitioned the Board to amend the proffered conditions from the 2008 rezoning on the 4.75 acres of real estate; and WHEREAS, the Planning Commission held a public hearing on this matter on August 7, 2012; and WHEREAS, the first reading of this ordinance was held on July 24, 2012, and the second reading and public hearing was held on August 28, 2012; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 3 1. That the proffered conditions placed on that certain tract of real estate containing approximately 4.7 acres located at 2315 Bridle Lane and the 2400 block of Electric Road (Tax Map Nos. 076.11 -03- 75.00, 076.11 -03- 76.00) Windsor Hills Magisterial District by Ordinance #11108 -11 are hereby repealed. 2. That the applicant and the owner of the property have voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts 1) The properties will be developed in substantial conformity with the concept plan dated May 31, 2012, titled "Master Site Plan Christ the King Presbyterian Church, Roanoke, Virginia ", prepared by WKWW Architects, subject to those changes which may be required by Roanoke County during comprehensive site plan review. 2) Exterior finish materials for all buildings constructed on the properties shall be limited to the following: brick; wood, vinyl or composite wood substitute lap siding and trim; glass; stucco or exterior insulated finish system (EIFS); stone face colored concrete block; stone or cast stone; standing seam metal, copper, composite slate the or asphalt shingle roof. 3) All parking lot lighting shall be shielded "cut -off" types no more than eighteen (18) feet high and arranged so glare is not cast onto adjoining properties. 3. That the Board finds that the granting of a special use permit to the Christ the King Presbyterian Church for religious assembly on approximately 4.7 acres located at 2315 Bridle Lane and the 2400 block of Electric Road (Tax Map Nos. 076.11 -03- 75.00 076.11 -03- 76.00) in the Windsor Hills Magisterial District is substantially in Page 2of3 accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2 -2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the si .,irrounding neighborhood or community, and said special use permit is hereby approved. 4. That this action is taken upon the application of the Christ the King Presbyterian Church. 5. That this ordinance shall be in full force and effect thirty days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The zoning administrator is directed to amend the zoning district map to re the change in zoning classification authorized by this ordinance. On motion of Supervisor Elswick to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Altizer, Church, Elswick, Flora NAYS: None A COJRY TESTE: Deborah C. Jacks Clerk to the Board Wupervisors cc: Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning Paul M. Mahoney, County Attorney Billy Driver, Director of Real Estate Valuation John Murphy, Zoning Administrator Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 28, 2012 ORDINANCE 082812 -7 AMENDING CHAPTER 5 "ANIMALS AND FOWL" AND SECTIONS 30 -29 AND 30 -88 -2 OF THE ROANOKE COUNTY CODE TO PROVIDE FOR DEFINITIONS AND TO ESTABLISH STANDARDS FOR RESIDENTIAL CHICKEN KEEPING WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 7, 2012; and WHEREAS, the first reading of this ordinance was held on August 14, 2012, and the second reading and public hearing was held on August 28, 2012; and WHEREAS, public necessity, convenience, general welfare and good zoning practice are valid public purposes for such recommendations by the Planning Commission and action by the Board of Supervisors; and, NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County Code be amended to read and provide as follows: Chapter 5. Animals and Fowl. Article 1. In General. Sec. 5-2. Lot boundary lines constitute fences as to livestock and poultry; permitting livestock and poultry to run at large. (a) The boundary line of each lot or tract of land in the county is hereby constituted a lawful fence as to any livestock and poultry domesticated by man, as iii iii iiii iiii iiii iii (b) It shall be unlawful and a Class 4 misdemeanour for the owner or any person in charge or control of any livestock and poultry domesticated by man to permit the same to run at large beyond the boundaries of his own land. Page 1 of 8 (c) In addition to any penalty imposed for a violation of any provisions of Section 5 -2, such violation is hereby declared a public nuisance and any person suffering injury or damage therefrom may seek the correction, removal or abatement of such nuisance through appropriate suit in equity. Article II. Dogs, Cats and Other Animals. Sec. 5-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this section, unless otherwise indicated to the contrary: Adequate care or care: The responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health. Adequate exercise or exercise: The opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal. Adequate feed: Access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species. Adequate shelter. Provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors: (1) Permit the animals' feet to pass through the openings; (2) Sag under the animals' weight; or Page 2of8 (3) Otherwise do not protect the animals' feet or toes from injury are not adequate shelter. Adequate space: Sufficient space to allow each animal to: (1) Easily stand, sit, lie, turn - about, and make all other normal body movements in a comfortable, normal position for the animal; and (2) Interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three (3) times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. Adequate water. Provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every twelve (12) hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices. Animal nuisance: Is created when any companion animal, dog, cat or other domestic animal unreasonably annoys humans, endangers the life or health of other animals or persons or substantially interferes with the rights of citizens, other than their owners, to the enjoyment of life or property. Such acts of nuisance shall include, but are not limited to, the following: (1) Damages property other than that of the animal's owner; (2) Attacks or disturbs other animals, persons or vehicles by chasing, barking or biting; (3) Makes excessive noises including, but not limited to, barking, whining, howling, caterwauling or crying; Page 3of8 (4) Creates noxious or offensive odors; (5) Defecates upon any public place or upon premises not owned or controlled by the owner unless promptly removed by the animal's owner; or (6) Creates an unsanitary condition or insect breeding site due to an accumulation of excreta or filth. Capon.- A irieuteiii Cat: Any member of the animal species felis catus. Chicken Enclosure.- A iiii iiii Wi iii iiii iiii iiii add iiii iiii iiii i iiides Coop.- A iiii iiii iiii iiii iii iii iiii iiii iiii iiii i iii Companion animal: Any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter. Dangerous dog: A canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat or killed a companion animal that is a dog or cat; however, when a dog attacks or bites a companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous: (1) If no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite; (2) Both animals are owned by the same person; (3) If such attack occurs on the property of the owner or custodian of the attacking or biting dog; or (4) For other good cause as determined by the court. Page 4 of 8 No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. Dog: Every dog or canine, canine crossbreed or hybrid canine, regardless of age. Domestic animal: Any dog, cat, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits and other birds and animals raised and maintained in confinement. Hybrid canine: Any animal or its offspring which at any time has been or is permitted, registered, licensed, advertised or otherwise described or represented as a hybrid canine, wolf or coyote by its owner to a licensed veterinarian, law- enforcement officer, animal warden, humane investigator, official of the department of health, or compliance officer who is under the direction of the state veterinarian. Kennel: An enclosure or structure used to house, shelter, restrain, exercise, board, breed, handle or otherwise keep or care for more than three (3) dogs four (4) months of age or older, from which they cannot escape. The enclosure or structure shall not mean a dwelling or a fence used to demarcate a property line. For purposes of this Chapter and the license tax, the term "kennel" shall also include "multiple dog permit." Livestock: Cattle, horses, sheep, goats, swine and enclosed, domesticated rabbits or hares. Other officer: All persons employed by the county or elected by the people of the county whose duty it is to preserve the peace, to make arrests or to enforce the law. Owner. Any person having a right of property in a companion animal, dog or cat, and any person who keeps or harbors a companion animal, dog or cat or has the companion animal, dog or cat in his care or who acts as its custodian, and any person who permits a companion animal, dog or cat to remain on or about any premises occupied by him. Poultry: All domestic fowl and game birds raised in captivity. To run at large: A domestic or feral dog, exotic or poisonous animal or exotic bird or poultry shall be deemed to run at large while roaming, running or self- hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control. Vicious dog: A canine or canine crossbreed that has: Page 5 of 8 (1) Killed a person; (2) Inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (3) Continued to exhibit the behavior that resulted in a previous finding by a court or on or before July 1, 2006, by an animal control officer as authorized by local ordinance that it is a dangerous dog, provided that its owner has been given notice of that finding. 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Agriculture: The use of land for the production of food and fiber, including farming, dairying, pasturage, agriculture, horticulture, viticulture, and animal and poultry husbandry. A garden aiiii qd iiii iiii iiii iiii iiii iiii iiii iiii accessory to a residence sha not be considered agriculture. Residential Chicken Keepin ............ .......... �1�ie o����f u����o to §�x (6) 6�1�i��&�<e��Is i z,oiiii ied aiiii iiii iiii iiii iii Sec. 30 -88 -2. — Accessory Uses: Residential Use Types. (A) Residential use types may include the following accessory uses, activities or structures on the same site or lot: 10 iiii iiii iiii iiii iiii iiii iiii iiii iiii iiii iiii iiii iiii iiii iiii iiii i iii (a) Coo����os a iiii rid eiii iiii- iii iiii iiii iii iiii iii iiii iiii iiii iiii (35) aiiii riy iiii iiii iiii iii adjace��ri�t �o�t Coo����os a����rid e��ri&�osu���-es a����so �oca�ted t iiiiiiii iiii (�,3) Coo����os i iii iiii iiii iiii iiii iii iiii� III e��ri&�osu��r-es �a��-ov��de at �east te��ri (10) s �feet s����oace iii iii i Wi iiii iiii iiii iiii iiii 50 squaiiii iiii iii iii iiii iiii iiii iiii iii e��96�osu���-e exceed te��rl (10) �fee�t t (c) iii iii iii iiii iiii iii iiii iiii iiii i On motion of Supervisor Church to adopt the ordinance, with a request to refer Page 7 of 8 back to the Planning Commission to consider an amendment increasing the number of chickens permitted based on larger lot sizes and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS; None Deborah C. Jackt Clerk to the Board cc: Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning Paul M. Mahoney, County Attorney Supervisors A COPY TESTE: