Animal
Control Regulations:
Agricultural
Advisory Board
The
Agricultural Advisory Board, through the authority granted to it by
the Board of County Commissioners, is empowered to perform the following
functions:
1.
Review any regulatory amendments proposed to be made to the Adams
County Zoning Regulations pertaining to the keeping of animals on
agriculturally zoned properties and make recommendations to the
County Planning Commission and Board of County Commissioners concerning
such proposed amendments.
2.
Recommend, to the Director of Planning and Development, the resolution
of disputes that may arise between property owners of agriculturally
zoned land within the County and the Director concerning interpretation
of these regulations pertaining to the keeping of animals on agriculturally
zoned lands.
Noncommercial
Livestock and Poultry Operations:
*
The keeping of poultry and/or livestock as defined in §2.200 is only
allowed in the Agricultural and Residential Estate Zone Districts.
Livestock may be kept on property in the RE, Residential Estate Zone
District only if the owner of said livestock resides on the property
and is a registered member of a 4-H or FFA or other agricultural education
program. This does not apply to horses kept for recreational purposes.
*
The keeping of noncommercial livestock and poultry is allowed in accordance
with Tables 4-1 and 4-2. On those properties where livestock and poultry
are allowed, the following performance standards shall be observed:
1.
All manure shall be removed periodically or incorporated into the
soil on a regular basis such that the manure does not draw flies,
or other insects, or cause obnoxious odors. (Not applicable to properties
over 35 acres in size).
2.
Adequate overflow drainage on drinking facilities shall be provided
to prevent the saturation of soil on adjacent property.
3.
Spillage and leftovers from livestock feedings must be removed or
so disposed of as to prevent fly, bird, or rodent propagation, or
creation of odors. (Not applicable to properties over 35 acres in
size).
4.
Any new shed, shelter, pen or enclosure for livestock shall not
be closer than 100 feet to any off-property residence or place of
business and shall be set back 25 feet from the side lot line and
50 feet from the front lot line.
5.
All sheds or other shelter for livestock shall be kept reasonably
free of rodents and insects and shall be kept in good repair.
6.
Adequate drainage facilities or improvements shall be constructed
to protect any adjacent rivers, streams, or other bodies of water
from pollution.
7.
In subdivided areas, all livestock shall be kept within a fenced
area.
8.
Adherence to the Colorado Confined Animal Feeding Regulations, promulgated
by the Colorado Department of Health, Water Quality Control Commission.
*
On agriculturally zoned properties of greater than 35 acres, the number
of livestock are not regulated, unless the operation meets the definition
of a Livestock Confinement Operation. However, the keeping of such
livestock must comply with the performance standards listed above.
*
The maximum number of allowable livestock per lot does not apply to
young animals below weaning age, or six (6) months of age, whichever
is less.
Livestock:
*
A livestock and/or poultry confinement operation, as defined in §2.200,
shall not be operated without first having obtained a permit from
the Board of County Commissioners.
*
An application for a permit to operate shall include the following
requirements which shall be submitted to the Department of Planning
and Development at least 50 days prior to the first unfilled Planning
Commission hearing agenda:
1.
Application form, completed and signed by the property owner, with
a $500 application fee;
2.
Certified boundary survey;
3.
Plot plan showing the location of all present and/or proposed buildings,
parking areas, ingress and egress, stable areas, pens and other
constructional features;
4.
Description of the proposed operation in sufficient detail to indicate
effects of operation in producing water pollution or other environmental
or social impacts;
5.
Submission of a Proposed Management Plan which, at a minimum, addresses
the following:
a.
Plans and methods of disposal of sewage and other wastes;
b.
Plans and methods of water supply;
c.
Plans and methods of drainage facilities;
d.
Soil and geologic reports; and
e.
The Colorado Confined Animal Feeding Regulations, promulgated
by the Colorado Department of Health, Water Quality Control
Commission.
6.
An area map showing the location of surrounding buildings, structures,
residences, roads, subdivisions, and zoning within 1 mile of the
facility;
7.
The names and addresses of property owners within a 1 mile radius,
unless increased by the Director of Planning and Development.
*
Procedures: The same procedures as applicable to a rezoning request
(See §6.114) shall be followed.
*Criteria
for approval of the Management Plan: The Planning Commission and Board
of County Commissioners shall consider, but not be limited to, the
following:
1.
Does the proposed Operation comply with the requirements of all
applicable Regulations?
2.
Is the proposed Operation consistent with the purposes of these
Regulations and with the Comprehensive Plan?
3.
Is the proposed Operation compatible with the surrounding area,
in harmony with the character of the area, and would it pose any
potential detrimental effect to the immediate area, to the health,
safety, or welfare of the inhabitants of the area or the County?
4.
Is the Proposed Management Plan reasonable and functional?
* Permit
Requirements: If approved, the Livestock and/or Poultry Confinement
Operation shall be issued subject to strict adherence to the approved
Management Plan and to the Performance Standards as specified below:
1.
All such operations shall be located at least 100 feet away from
any on-property residence, 50 feet from any right-of-way and 500
feet from any off-property residence (unless the operation is an
existing operation and has been deemed to be a legal non-conforming
use);
2.
Manure shall be handled and disposed of in a sanitary method, approved
by Tri-County Health Department;
3.
Environmental and/or chemical and scientific controls shall be provided
as approved by Tri-County Health Department;
4.
Drainage facilities or improvements as approved by the Tri-County
Health Department shall be constructed to protect any adjacent rivers,
streams or other bodies of water;
5.
Adequate means of scraping, grading and cleaning shall be provided
at all times as approved by the Tri-County Health Department;
6.
All animals shall be cared for in a humane and sanitary manner as
approved by the Colorado Department of Agriculture, State Veterinarian’s
Office;
7.
Grazing lands shall be maintained in accordance with standards and
specifications outlined by the United States Department of Agriculture
and the local Soil Conservation Service;
8.
All Operations shall comply with the "Confined Animal Feeding
Operations Control Regulations" specified by the Colorado Department
of Health.
*
Administration of the Livestock and/or Poultry Confinement Permit:
1.
Cancellation of Permit: The Board of County Commissioners shall
have the power to cancel permits for violation of any of these Regulations
or conditions imposed by said Board, or for good cause. Upon at
least ten days written notice to the permittee, the Board shall
hold a hearing to determine the nature and extent of the alleged
violation and shall have the power to suspend or revoke the permit
and to require correctional measures to be taken.
2.
Transfer of a Permit: The approved Management Plan and conditions
of the permit shall be applicable and binding as long as a Confinement
Operation is in operation on the property. The Permit will be considered
to run with the land unless specifically granted to an individual
as a condition of approval of the Permit.
3.
Recording: All Confinement Operation Permits shall be so designated
on the official, recorded Zoning Maps of Adams County by a star
with the initials L-C-O inside to denote the location of the Permit.
*
Buffer Zone for Livestock and/or Poultry Confinement Operation: For
all new Confinement Operations established after August 8, 1977, no
residential zoning or subdivision of agricultural land shall be allowed
within a one mile radius of such a facility.
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Stocking
Rates Tables
TABLE
4-1
A-1,
A-2 and A-3 AGRICULTURE ZONE DISTRICTS
TABULATION
OF ANIMAL UNIT DENSITIES:
*
The types, and densities, of animals allowed have been detailed
on Tables 4-1 and 4-2. To determine the maximum number of animals
allowed on a given property:
1.
Locate the Table corresponding to the zone district in which the
property is located.
2.
Within that Table, locate the column which best identifies the lot
size of the property.
3.
Locate the desired animal from among those listed in the left-hand
column.
4.
The box in which the lot size column and the animal type row intersect
will specify the maximum number of that animal allowed on the property.
*
The following are acronyms used in Tables 4-1 and 4-2 and their meaning:
NR
= Not Regulated
NA
= Not Allowed
AC
= Acre
CUP
= Conditional Use Permit
*
Any combination of allowed animals may be kept, but at no time shall
the maximum number of any specific type of animal be exceeded, nor
shall the total maximum number of household pets or the total maximum
number of livestock be exceeded. Where allowed, the number of livestock
is in addition to the number of household pets permitted; and
the number of household pets is in addition to the number of
livestock permitted.
*
For animals not listed or not clearly fitting within one or more the
categories listed, the Director of Planning and Development shall
determine in what zone district(s) the animal is allowed and in what
lot size categories the keeping of such an animal is appropriate.
Should the property owner disagree with the determination of the Director
of Planning and Development, the matter shall be referred to the Agricultural
Advisory Board for a recommendation to resolve the issue.
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Additional
Information:
All
information in this chapter was adapted from the Adams County Planning
and Development Website:
http://www.co.adams.co.us
Department of Planning & Development
Western Service Center
12200 N. Pecos St.
Westminster, CO 80234
303.453.8800
Fax: 303.453.8829
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