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•Appellants's Argument for Appeal Mrs. Riddle's letter appealing the decision of the Planning and Zoning Commission (see attachment #4) is based upon the following two items: The 30' minimum required setback from any outdoor kennel facilities to all properties is satisfied pursuant to the specific land use criteria [section 971.08(8)]. 2. Potbelly pigs are sold in pet stores as pets and should not be considered livestock. It is the appellant's position that the site plan and administrative permit use application satisfy the specific land use criteria in regard to setbacks and the species of animals proposed. •Staffs Response to the Appeal Although the site plan provides a 30' minimum setback from the pens and cages to all property lines, the size of the property is a legitimate administrative permit concern under LDR section 971.04. In this instance, the Planning and Zoning Commission properly found that the size of the property warranted only the number of animals allowed under the non-commercial kennel exemption (no more than 2 animals kept outside and no more than 6 animals kept on the total site, inside or outside). Thus, the Planning and Zoning Commission concluded that the appropriate number of animals for the subject site is below the administrative permit thresholds. Therefore, the Planning and Zoning Commission denied the administrative permit. The appellant also asserts that potbelly pigs are customary household pets that should be allowed to be kept outdoors. It has been staffs position that small animals cared for in the same manner as customary household pets may be deemed a house pet (see attachment #7). This analogy has been applied to exotic species as well as domestic animals such as the potbelly pig. Therefore, a potbelly pig if kept as a "pet" in a residential area, must be cared for in the same manner as a customary house pet and allowed outside only under supervision of the owner. Staff conducted a phone survey of local pet shops and feed stores and found that potbelly pigs are not stocked or handled for sale, as is the case with true household pets. Staff also found that the Humane Society does, however, offer potbelly pigs for adoption only to qualified adoptive owners. The Humane Society requires prospective adoptive owners to complete a form attesting the pig will be maintained on rural agriculture property with adequate facilities for the animals to root and, the property is properly zoned It should be noted that the Humane Society categorizes potbelly pigs as livestock, and will not qualify an applicant as an adoptive owner if the pig is to be kept as a house pet. In coordination with county animal control, planning staff will soon be proposing an LDR amendment to treat potbelly pigs as livestock regardless of whether the animal is kept inside or outside. Even so, under the existing definition of "livestock", the county is justified in prohibiting any swine (including potbelly pigs) from being allowed in a non-commercial kennel. •Board of County Commissioners Review Guidelines for Appeals Section 902.07 provides guidelines for the review of this appeal. Under 902.07, the Board of County Commissioners is to make findings in the following four review areas: 1. Did the Planning and Zoning Commission fail to follow the appropriate review procedures? Response: There does not appear to be a contention regarding review procedures. Staffs review and the decision of the Planning and Zoning Commission were in accordance with the county land development regulations and state law. MARCH 24, 1998 -27- boo