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(Continued from Page 1) fanning practices, for instance spraying with orchard chemicals, are also incompatible in a neighborhood of family residences.
"Should any forms of agriculture be permitted by right?" asked Miller. “Or what else should be permitted by right?”
Second Loophole
With no suggestions from the other commissioners. Miller proposed closing a second "loophole" in RS-1 at the same time that uses allowed by right and with a special permit are added. "We should put a minimum lot size in RS-1." he said, noting that while the intent is to keep minimum size at five acres, if a developer puts in public water and sewer, lot size can theoretically come down to one or two acres.
(Miller pointed out this same RS-1 “loophole" almost three years ago at the planning commission's July 20. 1977. meeting. Then, in May. 1978. the planners recommended adoption of a minimum lot size for the district after a public hearing on that issue and on rezoning of James S. Dawson's Huntly subdivision. The supervisors, however, only advertised for and acted on Dawson's subdivision rezoiiing and not on mimimum RS-1 lot size at their July 13. 1978. meeting.)
Gardena By Right
After further discussion on possible conflict between residential uses and intensive agricultural operations, the commissioners agreed to allow forestry, gardens (home vegetable), small grains and hay by right in RS-1 while limiting special permitted uses to agriculture (except hogs), home occupations conducted by the occupant and public utilities —distribution poles, lines, pipes, transformers, meters and other related facilities necessary for local service—for the provision and maintenance of local area public utilities including water and sewer distribution facilities (underground where possible).
"I think what we’ve done is let (the landowner in RS-1) have three or four cows, a vineyard or a horse with a special use permit." Miller said.
Scheduling a public hearing on the amendments for July 16. the planners agreed that the four weeks’ time would give them an opportunity to come up with more ideas on how to word the uses allowed by right so as to include non-intensive agricultural practices that are compatible with residential uses.
Masterson emphasized that residential uses, in a residential subdivision district, should receive more emphasis and protection than farming operations. "The residential should come first and the agricultural second." he said.
He maintained that both uses allowed by right and with a special permit should be kept as general as possible until the commissioners consult with the commonwealth's attorney on wording.
"Keep in mind that the BZA doesn't legislate (in issuing special use permits and variances to the zoning ordinance). We can only interpret what you mean." Estes added.
Addressing the proposed amendments to the zoning ordinance's RS-1 district. Allen Stokes facetiously warned that "when you have your public hearing, you're going to have hogs by the tail."
"Someone will say we wouldn't be against hogs if they weren't selling for 13 cents per pound!" Miller joked.
Administrator’s Authority
Commissioner chairman
83.8%