Planning and Zoning Meeting Agenda Item

In December of 2019, the Town Commission amended the Land Development Regulations regarding agricultural uses in residential zoning districts. Ordinance 2019-19 eliminated agricultural uses in all of the residential districts except Agricultural Residential  (AG-1); prior to the adoption of Ordinance 2019-19, agricultural uses were allowed in residential districts provided that the property was a minimum of five acres, now such uses are only allowed in   AG-1.

Given that some of the properties zoned AG-1 are in excess of five acres, some property owners have inquired about using their property for agricultural pursuits. Others have requested putting structures on their property other than the primary residence but are presently limited to 35 percent of the primary structure (home). While the Town does not have authority to regulate buildings or the permitting of buildings associated with bona fide agricultural uses, it does have the authority to regulate the permitting of buildings which do not meet the exemption criteria.

At the April 17, 2023 Special Conceptual Workshop Meeting, staff presented to the Town Commission a proposal to consider changing the Land Development Regulations to allow accessory structures in AG-1 to not be limited to 35 percent of the primary structure. Since that time, staff have prepared Ordinance 2023-09  to allow guest or servant quarters to be 60 percent of the living area of the principal dwelling unit. The allowance for other accessory structures, which are presently limited to 35 percent of the primary dwelling unit, has also been amended to provide larger structures to be constructed relative to the size of the subject property.

In addition, currently, in order for an accessory structure to be placed on the property, a primary residence must also be present on the property (with the exception of barns or pole barns associated with bona fide agricultural activities). Growth Management staff were recently approached by a property owner who wanted to store his mower and other materials used for maintaining his land in a covered building, although he does not have a primary residence on the property. Under the current code, this is prohibited. The amendments to Ordinance 2023-09 as proposed would allow accessory structures to be constructed in the absence of a primary dwelling unit, provided the property contains a minimum of five acres.