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Legals Issues - Non -conformities and Grandfathering During review of the proposed ordinance, there have been discussions on non -conformities and grandfathering issues. According to agricultural extension agent Dan Culbert, there are no state agricultural census data on chickens or roosters in Indian River County, and there are no significantly sized poultry operations in this county. Staff has no count of either the number of farms with roosters or the number of roosters on individual farms. Based upon statements made by rooster owners/breeders at various public meetings there could be several to a few dozen rooster breeders in the county. Based upon statements made at these meetings it appears that Mr. Wilson's operation on 5 acres has up to 300 roosters, about twice as many as any other known operation. To date, the only rooster raising operation that has been determined (by the PZQ to not be legally established is the Wilson operation, which recently commenced on a site in the Fellsmere area. The PZC's decision is under appeal. That operation appears to have the highest number and concentration of roosters. Therefore, at this time, Mr. Wilson has the only operation that requires "specialty farm" administrative permit approval. Other existing, longer -standing operations would appear to be grandfathered -in and, therefore, would not be affected by new regulations unless moved to or expanded onto a new location. Accommodating Poultry Uses Staffs research indicates that "poultry raising" is a legitimate agricultural use that involves the raising of domesticated birds primarily for the purposes of meat or egg consumption. This use has accepted practices, is allowed under the existing LDRs as a permitted use, and needs to be accommodated. Also, it is staffs understanding that a limited number of roosters (defined as adult male chickens that crow) are needed as part of poultry operations. Egg producing operations involve no roosters. Likewise, meat producing operations either involve only hens (pullets) or hens and young male chickens (broilers, fryers) that usually have not matured into roosters and that usually are not capable of producing the noise of roosters. Furthermore, it appears that a limited number of roosters are necessary for poultry breeding purposes. Therefore, it appears that the number of roosters on a site could be limited without adversely affecting poultry operations. Conditions on rooster -raising operations can be used to address the adverse noise impacts (nuisances) that concentrations of roosters can produce. Limiting Rooster Noise Impacts As evidenced by findings in a recent Mississippi case (Labert v. Matthews), it is generally accepted that concentrations of roosters generate noise impacts that can constitute a nuisance, even in a rural area. However, it is logical to expect a wide variety of animals to be raised in significant numbers in agricultural areas. Thus, care should be given when considering limitations or conditions on raising animals in agricultural areas since such areas are the very places where animal raising activities should generally occur. The principal basis for regulating concentrations of roosters in agricultural areas is the county's code enforcement experience that concentrations of roosters generate more of a noise nuisance than other animal concentrations that occur in agricultural areas (e.g. hens, OCTOBER 24, 2000