Grazing on residential property

A request by a Saratoga resident has appeared to have highlighted a gap in the municipal code when it comes to temporary agricultural uses on residential property.

At the July 18 meeting of the Saratoga Town Council, Mayor Chuck Davis said Scott Kerbs had asked about letting his sheep graze an overgrown parcel of property along Farm Street between 7th and 9th streets. The property in question is zoned RD7200 which, under section 18.42.150 of the municipal code, only allows horses to be kept permanently on a residential property.

There is an exception if the livestock is being kept for educational purposes, specifically limited to Saratoga High School 4-H and FFA programs. Under municipal code, livestock and barnyard animals are defined as “domesticated fowl and animals kept for farm purposes, being limited to marketable animals i.e., chickens, ducks, geese, pigs, rabbits, and sheep.”

In addition, zoning code 18.66.030 covers nonconforming uses of residential land pertaining to the keeping of livestock. If livestock was kept on a property prior to the adoption of zoning laws prohibiting them they would be grandfathered, as long as conditions are met.

“The only thought I have is that it doesn’t affect my house, probably doesn’t affect a lot of people,” said Davis. “To me it should be up to the people that live up there to have the say. It should be handled like a variance, Mr. Kerbs should have to go to every property owner to get their opinion on the request.”

“I think we definitely need a time limit on it so it doesnt turn into a forever thing,” said Councilmember Jacob Fluty.

A request for a variance must be submitted to the zoning officer in writing 30 days before a regularly scheduled planning commission meeting. The zoning officer will then submit the application to the council for review and approval to move forward.

A public hearing will be set to discuss the variance with the applicant present to answer any questions the neighboring landowners may have. The petitioner must submit an application for a variance with signed documentation showing approval or disapproval from every landowner within 300 feet of the property. If more than 50% of the nearby property owners approve the variance, the zoning officer shall then send out letters to all property owners explaining the nature and scope of the proposal to all affected landowners on the petition. The application must be presented 22 days prior to the planning commission meeting.

If the variance meets all the required conditions of the variance procedure, it is then up to the governing body to approve or deny the variance. No code currently exists which would appear to address the specific use of temporary grazing on residential properties.

The next meeting of the Saratoga Town Council will be at 6 p.m. on August 1 at Saratoga Town Hall.