Wednesday, November 9, 2011

30 Acre Farm, Residential Zoning....

We found a 30 acre farm in foreclosure about 3 miles north of Dawsonville, GA.  We thought we did all the research that we needed to.  Looked it up in the county GIS map and checked the zoning (R-A, Residential Agriculture).  County zoning rules looked appropriate, so we put in an offer.  Frantically getting inspections and quotes on repairs, we failed to discover that it was actually in the city limits of Dawsonville, GA, and zoned R-1 (Residential).  Come to find out, the previous owner requested "Annexation" in to the city back in 2005 (with a default zoning of R-1 for all annexed property), when the real estate market was booming (hoping some developer would swoop in and buy it up, is my guess).  Well, no developers came, and the farm still looks like a farm.  The surrounding area is also undeveloped, large acreage tracts (like over 100 acres each).  So, we looked into how R-1 zoning was defined in this rural town of just over 2000 citizens.

If you read no further than this, please check out this article: http://www.dawsonnews.com/section/4/article/8028/ on the deannexation request.  If you support safe, locally grown food, please click the "like" button in the upper right-hand corner of the article.

Now, back to the zoning issues.  The primary restriction in R-1 that relates to livestock is highlighted:

ARTICLE VIII.  R-1, RESTRICTED SINGLE-FAMILY RESIDENTIAL DISTRICT

Sec. 801.  Purpose and intent.
The restricted single-family residential district is and area where substantial investment in permanent residence has been made or planned. Uses which will devalue investment and undermine environmental quality are prohibited. This district is intended to establish and preserve quiet, stable single-family residential neighborhoods at low densities (up to approximately one unit per acre) free from other uses except those which are compatible with and convenient to the residents of such a district and should be located away from intensive or commercial development, manufactured, industrialized, relocated or temporary housing.

Sec. 802.  Permitted uses.
[The following uses are permitted in the R-1, restricted single-family residential district:]
1.   Single-family detached dwellings, but not including manufactured homes, travel trailers used as residences, or modular homes.
2.   Accessory buildings and uses customarily incidental to the principal residential use of the property, including home gardens, noncommercial greenhouses, and shelters or enclosures for three or less household pets that meet applicable health requirements. The keeping of four or more animals shall constitute a kennel. The keeping of one noncommercial livestock is allowed (with the exception of hogs) on lots with a minimum of five acres, provided that any buildings or enclosures for the maintenance or shelter of animals shall be setback a minimum of 150 feet from any property line. Noise and smell from the commercial livestock must be kept to a minimum.
3.   Churches, temples, synagogues and places of worship, and their solely owned and operated customary accessory facilities, including cemeteries, provided such uses are located on a lot with a minimum area of two acres, principal buildings are setback a minimum of 50 feet from any property line, and parking areas are located outside of the required front yard and separated from any side or rear property line by a minimum six-foot high, opaque fence or wall, or a densely planted landscape strip of at least ten feet in width.
4.   Home occupations, as defined in article III and limited in section 713.
5.   Parks, playgrounds, community centers, tennis courts, swimming pools, golf courses and other recreational facilities, operated on a nonprofit basis.
6.   Public and semi-public buildings and uses, as defined in article III.
7.   Schools, public elementary, middle and secondary.
8.   Schools, parochial and private offering courses in general education substantially similar to that of a public school, not offered for profit.
RESTRICTED SINGLE-FAMILY RESIDENTIAL DISTRICT: R-1
TABLE INSET:

  Minimum
Lot Size
   
Front
Setback
   
Side
Setback
   
Rear
Setback
   
Minimum
Square
Footage
   
Maximum Height of Structure   
1 Acre   50'   20'   40'   1,500'   35'   




Now, that last sentence is interesting. They elude to commercial livestock, but then comes the new RA (Restricted Agricultural) district that was approved March 2011.  It's more promising, but still has quite a few restrictions.  It also further defines that no fowl (ie. chickens) are allowed in any zoning district inside the City Limits:


ARTICLE XXII.2.  RESTRICTED AGRICULTURAL (RA) DISTRICT

Sec. 2200.2.1.  Purpose and intent.
The restricted agricultural (RA) district is an area which remains rural in character, yet where urban growth and expansion is expected to reach in the future. The regulations of this district are intended to provide a favorable climate for both agricultural and nonagricultural development and to provide orderly, timely, economic growth, as well as to recognize current conditions. The purpose of this district is to permit low-intensity and restricted agricultural uses in those areas which remain rural in character, yet where urban growth and expansion is expected in the future as the city develops. The preferred land uses in the district are agricultural, either active in the form of crops, or passive in the form of forest management or pasture lands with limited animal density. The requirements of the district are designed to encourage the continuing low-intensity agriculture use of the property and protect active urban uses found in adjacent districts of the city.
(Ord. of 3-7-2011, § 1)

Sec. 2200.2.2.  Permitted uses.
1.   Single-family detached dwellings, but not including manufactured homes, travel trailers used as residences, or modular homes. Density of dwellings is limited to no more than one dwelling per two acres (two acres is the minimum lot size for the RA zoning district).
2.   Agriculture, general and specialized farming, including: horticulture, plant nursery, greenhouse, dairy farming, and livestock raising, subject to the restrictions set forth in section 2200.2.3, infra.
3.   Riding stable, provided buildings housing animals are at least 100 feet from all property lines and the lot is not less than ten acres.
4.   Kennel and/or animal hospital, provided buildings housing animals are fully enclosed and at least 100 feet from all property lines and all pens, runs, etc. which are not located in a fully-enclosed building are at least 200 feet from all property lines. The keeping of four or more animals shall constitute a kennel. Minimum lot size for a kennel is five acres.
5.   Accessory buildings and uses customarily incidental to the principal residential and agricultural uses of the property. Buildings and structures which are intended for use or used for the housing or shelter of livestock and silos, granaries, windmills, barns, and similar structures which are related to the operation of an agricultural enterprise shall observe a minimum setback of one hundred feet from any property line and be spaced a minimum of five hundred feet from any residence or business on an adjoining property.
6.   Churches, temples, synagogues and places of worship, and their solely owned and operated customary accessory facilities, including cemeteries, provided such uses are located on a lot with a minimum area of two acres, principal buildings are setback a minimum of 50 feet from any property line, and parking areas are located outside of the required front yard and separated from any side or rear property line by a minimum six-foot-high, opaque fence or wall, or a densely planted landscape strip of at least ten feet in width.
7.   Home occupations, as defined in article III and limited in section 713.
8.   Parks, playgrounds, community centers, tennis courts, swimming pools, golf courses and other recreational facilities, operated on a non-profit basis.
9.   Public and semi-public buildings and uses, as defined in article III.
10.   Schools, public elementary, middle and secondary.
11.   Schools, parochial and private offering courses in general education substantially similar to that of a public school, not offered for profit.
(Ord. of 3-7-2011, § 1)

Sec. 2200.2.3.  Limitation on livestock and domestic pets; prohibition of hogs/pigs and fowl in the restricted agricultural (RA) district.
Horses, cows, goats, sheep, ponies, donkeys and other permitted domestic livestock may be kept, raised or bred in the RA district, provided that only two such animals shall be permitted for each one acre of open pastureland. All such livestock shall be contained adequately by suitable fencing within the specific property, and any buildings or structures for livestock shall be setback at least 100 feet from all property lines. Dogs, cats and other domestic pets may be kept, raised or bred in the RA district, provided that only three such animals shall be permitted for each one acre of lot size and all such domestic pets are subject to the kennel restriction contained in subsection 2200.2.2(4). The keeping or raising of fowl (chickens, etc.) or hogs/pigs, or the operation of a feed lot, is expressly prohibited because of their potential negative impact on adjacent urban use districts. All types of fowl, hogs and pigs are deemed prohibited domestic livestock and may not kept or raised in any zoning district within the city. Noise and smell from the livestock must be kept to a minimum.

So, I talked to the planning department, which suggested I talk to the mayor.  I told him our plans for a sustainable farm with a few of cows, goats/sheep, and chickens and was told, "I'm sure we can work something out"  We shook hands, and he asked me to come to the city council to explain my intentions.  Well, I must have said something wrong during my explanation, because he his response blindsided me.  He stated that they decided a while back that chickens would not be allowed inside the city limits.  There didn't seem to be any flexibility that a zoning change would fix. Bear in mind that this is a 30 acre parcel, surrounded by tracts of over 100 acres, with the exception of one 5 acre tract of foreclosed commercial property (unincorporated) that was recenty sold.  The tract that wraps around the south and west of the property is also unincorporated.  I don't think anyone would be bothered by a few hens laying eggs.  

With that response, I asked if deannexation was a possibility. To which the attorney responded that that was my right, but without anything to vote on, they couldn't give me a firm answer.  After all, they city's stance against the county was that it was the property owner's right to annex into the city, if that's what they wanted.  Well, this property owner would now like to deannex back to the county to the same zoning it was before it was annexed.  

Well, I followed through and asked the county if they would allow the deannexation.  The county approved the resolution, so now I have to petition the city to approve it.  There are a couple of gotcha's, but luckily none that apply to this property.  For instance, you cannot create an "island" of unincorporated property within the city limits (by the way, the same goes for annexation).  Since the property to the south and west of me is unincorporated (technically an unincorporated island--not sure how the annexation that created that island was legally done), and the property to my northeast is unincorporated, that's not an issue.  Also you need 100% of the landowner's signatures.  The bank's asset manager is on board and has signed the petition.  With my signature (not technically an owner yet, but under contract), that gives us 100%.  So, next step, the City Council.

During this, a local news reporter was in attendance at the City Council meeting and the County Board of Commissioner's meeting.  She interviewed me and wrote this article: http://www.dawsonnews.com/section/4/article/8028/ on the deannexation request.  If you support safe, locally grown food, please click the "like" button in the upper right-hand corner of the article.