POLICY DATABASE
Montgomery County, Virginia, Code § 10-41(19) (current through Oct. 17, 2017)
Brief Summary
Supplemental district regulations for residential chicken keeping (which requires a zoning permit and must comply with other requirements in the code) and residential beekeeping (which also must be done in compliance with other parts of the code). Eggs, honey, etc. produced from chickens and bees may not be sold--may only be used for personal enjoyment.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Community-wide
Food System Category: Grow, Get
State: Virginia
Jurisdiction Type: County
Jurisdiction Name: Montgomery
Does the law refer to priority populations in some way?
Yes. Encourage affordable housing suitable for meeting the current and future housing needs of the county (Sec. 10-1(2)(j)).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. "promoting the health, safety and general welfare of the public" (sec. 10-1(2)).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. "Protect surface water and groundwater resources", "Provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of natural resources" (sec. 10-1).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. "Encourage economic development activities that provide desirable employment and enlarge the tax base" (sec. 10-1).
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "This chapter, as adopted and amended, is for the general purpose of promoting the health, safety and general welfare of the public, and to implement the Montgomery County Comprehensive Plan, in accord with the purposes of planning and zoning as set forth in Code of Virginia, § 15.2-2283, as amended." Chapt 10. Sec. 10-1.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. See Art VI, Sec. 10-61.
Does the law address implementation in some way?
Yes. The zoning administrator is responsible for receiving/reviewing applications for zoning permits, issuing permits, etc. Sec. 10-52.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Civil and criminal penalties include a separate set of fines (sec. 10-52(2)).
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Chapter 10-Zoning; art. IV-regulations applying to all districts; § 10-41 supplemental district regulations. History: Ord. No. 1999-12, §§ 4-100—4-116, 12-13-99; Ord. No. 2001-08, 6-11-01; Ord. No. 2001-11, 9-24-01; Ord. No. 2003-16, 7-28-03; ORD-FY-07-17, 12-18-06; ORD-FY-10-04, 7-13-09; ORD-FY-11-07, 11-22-10; ORD-FY-11-10, 2-14-11; ORD-FY-13-11, 3-11-13; ORD-FY-14-07, 10-16-13; ORD-FY-14-12, 10-16-13; ORD-FY-14-13, 10-16-13; ORD-FY-16-05, 10-13-15; ORD-FY-17-06 , 9-12-16; ORD-FY-17-08 , 10-11-16.