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I BOOK iM i-,ua 89, 8 11.A.2. POT BELLIED PIGS - CONSIDERATION OF CODE ENFORCEMENT BOARD ACTION (CAUSEY AND LEWIS � The Board reviewed a Memorandum of March 2521999: TO: James E. Chandler County Administrator FROM: Robert M. Keating, AICPaAK Community Development Director DATE: March 25, 1999 SUBJECT: Consideration of Code Enforcement Board Action On Pot Bellied Pigs It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of April 6, 1999. DESCRIPTION AND CONDPTIONS: • Background In May, 1998, the Board of County Commissioners amended the County's Land Development Regulations (LDRs) to designate pot-bellied pigs as livestock. This LDR change overruled staffs previous interpretation that pot-bellied pigs were household pets. The referenced LDR change was initiated for two principal reasons. First, residents in several neighborhoods had complained about pot-bellied pigs being kept as pets. Second, the Humane Society and the County's Animal Control Office had experienced a number of instances of people abandoning their pot-bellied pigs when the pigs grew too big. As a result of the LDR change, pot-bellied pigs are not allowed to be kept in residential areas. Instead, they are limited to agricultural areas. Subsequent to the May LDR change, staff initiated enforcement of the new pot-bellied pig restrictions. In so doing, staff made an interpretation that the grandfathering principle applied to pot- bellied pigs. As such, staff interpreted pot-bellied pigs being kept as household pets in residential areas as existing non -conformities. with that interpretation, residential pigs existing at the time of the LDR change could remain, although new pigs could not be established in residential area and pigs that die could not be replaced. Because staffs grandfathering interpretation had the effect of legalizing pigs existing at the time of the LDR change, staff did not pursue the removal of pot-bellied pigs that were the subject of several neighborhood complaints. Consequently, several residents requested that the Board of County Commoners overturn staff s interpretation that the grandfathering principle applies to pot-bellied pigs. At its September 8, 1998 meeting, the Board of County Commissioners considered and overturned staff s interpretation that pot-bellied pigs existing at the time of the May 1998 LDR change may be grandfathered. In taking this action, the Board directed staff not to be proactive in enforcing the pot- bellied pig prohibition, but instead limit enforcement to cases involving citizen complaints. In the past year, code enforcement staff has received ten complaints regarding pot-bellied pigs. One of those cases, the Heidi Lewis case, was the case cited by several neighboring residents who requested that the Board overturn staffs pot-bellied pig grandfather interpretation. APRIL 6, 1999 -9a