Showing posts with label Zoning. Show all posts
Showing posts with label Zoning. Show all posts

Tuesday, September 10, 2013

Panhandle Lots

A panhandle lot is a lot that is set back from the street, behind other houses, and only accessable via a long narrow drive. Imagine the main lot with a house, is the pan, and the long drive is the panhandle. In an predominantly built area, like Amberley, where some homeowners own large lots, panhandle lots may be the only area in which to build a new house. Typically, they are created when an existing homeowner sells a large lot and the new owner decides to subdivide the lot into two or more lots. Panhandle lots allow a developer to put an additional lot onto an exisiting property without building a new road. Panhandle lots can consist of one single lot with a single home or a series of new lots and homes, essentially creating a new street or drive behind the original street. Each new house would share one long driveway and the address, typically, is on the main street.

Earlier this year, The Board of Zoning Appeals heard applications from two developers over the course of nearly as many months who each wanted permission to create panhandle lots on property they had just purchased. Each property was in excess of two acres, thus meeting the minimum requirement for one acre housing lots in property zoned Residence "A." Both properties were located in deadend or cul-de-sac streets, and both were heavily wooded in the rear. Neither property owner presented a detailed plan to the BZA for the yet-to-be-built homes. Both applications were contested by existing neighbors and homeowners who stated that they did not desire the extra traffic from construction vehicles, additional curb cuts to create a drive, and a new house to be built in their backyards. Yet, each case was decided differently, primarily due to Amberley's current Zoning Code which does not provide any guidance for deciding on these type of lots. 

The trend for older communities is to restrict panhandle lots, allowing them only when detailed plans are presented to the BZA. This protects existing homeowners who were not expecting to have to share their backyard with a new homeowner's front yard. It also protects the integrity of older neighborhoods and the rural ambiance that comes from living in an area with larger lots and mature trees. Additionally, it puts potential buyers on notice that they may not be able to subdivide their property if it will result in a panhandle lot without first having their detailed plans scrutinized by the BZA. 

Amberley's Planning Commission has been examing new legislation that addresses this issue and will be presenting it to Council in the coming months. Please subscribe to our Village webpage at AmberleyVillage.org if you want to be notified of the public hearing for this ordinance.

Tuesday, April 10, 2012

Chickens


About a year ago, I attended my first meeting of the Environmental Stewardship Committee where the topic was supposed to be the creation of a proposed farmer's market in Amberley Village.  I was very interested in this as I try to do most of my shopping at local farmers' markets. Like many, I prefer to know where my food comes from, whether it's milk, vegetables, eggs, or meat products. I'm an avid baker and I prefer to use only natural ingredients, even if it means spending up to $4 for a dozen eggs. I believe that food tastes better and is better for you when it is used in its freshest and most natural state.

Well, to date, that farmers' market is nothing more than a dream for Amberley's future, but a question that arose at that meeting set me on a quest to find an answer. The question was "are we allowed to raise our own chickens for eggs in Amberley?" Such a simple question should have a simple answer, right? After all, I have heard for years that Amberley prides itself on its "rural" atmosphere. Heck, I was chastised for calling a "walking path" by the more pedestrian name of "sidewalk" while I was campaigning in favor of safer routes for pedestrians in our Village! Such a small distinction means the world to many of our residents. As for the raising of chickens, however, it seems that Amberley's zoning code hearkened back to a time when suburbanites were trying to shed their rural associations.  In our current Code, chickens likely fall under the definition of "farm animals" and farm animals are prohibited on properties of less than ten acres.  In today's world, chickens are more likely to take their place among the family's pets, have names, and be used to provide their owners with eggs. Section 154.25. Also see Section 154.02 for definitions.

After discussion with the Village manager, Scot Lahrmer, and the Village solicitor, Kevin Frank, I was advised that the way to make any changes to the Village Zoning Code was by bringing legislation to the Planning Commission. The Village Planning Commission is an independent entity consisting of residents who are appointed by Council to serve for four year terms. It's important to note that their terms outlast the  two year election cycle for candidates in Amberley so that the members of the Planning Commission (also the Board of Zoning Appeals) are not influenced by the whims of Council. The Planning Commission is established by the Village Charter and is tasked with hearing appeals to the zoning code and providing equitable relief from hardship, as well as drafting and approving legislation and making recommendations to Council. They hold hearings, call witnesses, and vote as a Board. Since I was asking for a change to the zoning code, I was advised that the Planning Commission was the appropriate committee, not, as I had initially proposed, the Health Education & Welfare committee or the Law Committee, two committees on which I either serve or chair.

The Ordinance that was voted on by 5-0 vote and recommended by the Planning Commission will allow residents to keep up to six chickens (hens only; no roosters) in a well-maintained coop, with liberal setback provisions. Chickens may not be slaughtered -- again, this is an ordinance to allow residents to raise eggs for their own consumption -- and other nuisance laws apply. Consistent with the zoning code, violation of the ordinance is a minor misdemeanor punishable by a $150 fine. A permit must be requested from the Village manager. The proposed Ordinance Section 154.54 can be read by clicking on the link. Unfortunately, if you, like me, live in a neighborhood that is governed by a set of restrictive covenants, like Rollman Estates, you cannot have domesticated chickens, even if Amberley Village passes this ordinance.


On May 14th, residents will have the opportunity to voice their opinion on the proposed change to the zoning code. Please come to the Council meeting and you will be permitted to speak. In the meantime, I invite you to read this beautiful article in 513eats online magazine. It is written by Amberley resident and local food aficionado and chef, Ilene Ross, with photographs by Gina Weathersby.  The New York Times has been reporting on the rise of backyard chickens for several years. Closer to home, the City of Montgomery has a Facebook page dedicated to Chickens for Montgomery. Much of Amberley's ordinance was based upon information gathered from Montgomery, where chickens have been allowed by ordinance since 2009 with no complaints.



Please make sure you are subscribed to notices and the Village e-news on Amberley's website, www.amberleyvillage.org.
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Friday, March 9, 2012

Spring in My Step

Is it really March already? Whatever happened to winter? Pretty soon the grass will be turning green and I haven't done anything about contracting to have it mowed this year. Whoops. But, while I may have neglected my own lawn, lots of cool things are in store for Amberley residents beginning this spring.


First of all, let's start with the new Ordinance allowing egg-laying chickens to be raised by residents in their own backyard. Consistent with the trend toward locally produced food and home gardening, it shouldn't come as a surprise that homeowners are desiring to raise their own chickens for their eggs. I have studied the current zoning in Amberley Village, and although it is my belief that our zoning did not prohibit backyard chickens, our solicitor, Kevin Frank, felt it was better if the Village had a separate ordinance pertaining to keeping chickens. I agree, as this way, there is no question as to whether residents can or cannot have chickens, and there are restrictions as to number of hens, and setbacks. Currently, Amberley -- with its large lots and bucolic atmosphere -- is one of very, very few local communities that don't allow chickens. Several residents have asked over the past few years if chickens were permitted, but were never given a definitive answer. I think that is because the zoning code was not clear on the issue. With the passage of this Ordinance, the answer will be very clear. Additionally, allowing backyard chickens allows our residents who so desire to follow the most current and healthy food trends as well as reducing their own carbon footprint and providing their families and friends with the experience of producing their own food. If you would like to read more about the history of prohibiting chickens in suburban communities, a wonderful resource can be found at Chickens for Montgomery, where the zoning code was revised in 2009 to specifically allow for chickens to be raised by residents. The first reading of Amberley's new chicken ordinance will be Monday, March 12th at the regularly scheduled Council meeting. By-the-way,  residents who live in neighborhoods with restrictive covenants, such as Rollman Estates, will not be permitted to have chickens in their yards, even with the passage of this ordinance, if their HOA specifically prohibits them.

Another sign of spring is that the new community garden at Amberley Green is staked out and ready to plow. The Amberley Green Garden will consist of garden plots that are 9x15' in size. Up to thirty-six plots can be accommodated and will rent at $50 per growing season (April to November). The entire garden will be fenced with 7 1/2 foot high deer fencing and water will be available as well as a garden cart and experienced gardeners willing to share their knowledge.  The garden will be an organic garden and there is already interest from some of our local non-profit neighbors in renting plots for educational and philanthropic purposes. The Amberley Green Garden committee will sponsor social events at the garden as well as educational presentations related to everything garden. Please be on the lookout for a flyer in your email that will be headlined "Amberley Green Garden." You will then be directed to instructions for applying for a plot and a welcome packet for gardeners. The garden is made possible from a grant from We THRIVE! which is an important initiative of the Hamilton County Dept. of Public Health and the Centers for Disease Control. The purpose of We THRIVE! is to make the healthy choice the easy choice, thereby decreasing incidences of obesity and related diseases, as well as reducing smoking and increasing physical activity. It all begins at the local level, which is why grant funding was provided to a total of 12 local Cincinnati communities who are at the forefront of this movement.
Garden location "before" plowing and staking

Finally, Amberley will be championing a new, cutting-edge, initiative by Jewish Family Service of Cincinnati which is called "Community for a Lifetime." According to the most recent census, 22% of Amberley's residents are age 65 or older and the population of residents aged 50 and older is 49% higher than the national average. Due to the demographic of our community, care of our elderly population sometimes requires our police and fire department to assist our seniors in their day-to-day tasks. I recently attended the annual meeting of the Hamilton County Health District, and learned of a new and very vital and useful program called AHEAD. From this data, you can see that injuries from falls that require hospitalization among seniors in Amberley aged 65 and older are among the highest in the health district, with our neighbor, Deer Park, being even higher. Community for a Lifetime aims to take some of the pressure off our police and fire department by establishing a concierge service with our seniors so that they can form relationships with JFS social workers and, in addition, receive referrals for services they otherwise might resort to calling the police to assist with.

Don't forget to subscribe to the Village e-news at http://www.amberleyvillage.org/. E-mail is Amberley's primary means of communicating Village news to the residents. You can also sign up for meeting notices at the same time. Look for "subscriptions" on the left-side of the Village website. Also, the easiest way to read this blog is to subscribe by email and have the content delivered directly to your inbox.