The applicant is requesting that caretakers be allowed in an accessory dwelling unit as a separate living unit from the Permitted Use in the R-R, Rural Residential Zoning District, including Recreational Vehicles, under certain conditions.

The applicant states that in the R-R, Rural Residential Zoning District, a large lot single family district, there are often circumstances that make the routine maintenance of the property a burden to the owner. The stated solution is to allow "Caretakers" as an accessory use to the permitted use of single family dwelling unit.

The applicants state that maintenance items such as animal care, upkeep of buildings, maintaining fence lines, landscaping maintenance, etc., can be difficult when the size of the lots exceeds two acres. The minimum size of a R-R zoned lot is one acre and many are in excess of two acres. Although some of the lots in this zoning district are much larger, these are not prolific in numbers. It is estimated that approximately 40 R-R zoned lots exist in the City at this time.

Currently, in the A, Agricultural Zoning District, Caretakers are allowed as an accessory use, but not in Recreational Vehicles. This zoning district allows uses such as farms and ranches, where it is common to have workers that need to be on site for temporary periods of time. Permanent Single Family Residences are not a Permitted Use in the A zoning district. The R-R Zoning District is designed for Single Family residences as a primary use. Livestock is allowed on a limited basis, such as, one horse per each 1 1/2 acres. The zoning district does not allow residential occupancy as an accessory use.

The following language is proposed by the applicant as conditions to the Caretaker provision proposed:

1. The Caretaker be employed by the property owner for such purposes.

2. Only one such Caretaker and their immediate family to be allowed.

3. Permanent structures and Recreational Vehicles be allowed for Caretakers.

4. Any Recreational Vehicle used for this purpose shall be self contained and capable of being legally mobile for off site for sewage disposal.

5. The lot must be a minimum of two acres.

An amendment to the Zoning Ordinance Text shall not take place unless at least one of the two criteria exists as set forth in Section 12 of the City of Gillette Zoning Ordinance:

a. The Zoning Ordinance Text may be amended when there is a need to correct an obvious error. In this case there was no obvious error. Staff is unaware of any error made in the text of the current ordinance.

b. The Zoning Ordinance Text may be amended to recognize changing conditions within the City. Staff is unaware of any conditions that have changed in the R-R Zoning District areas in the community. The lots can be of a very large size if desired by the developer. This has been the case since the inception of the Ordinance. A property owner assumes the responsibilities of maintenance under the terms of the ordinance when purchasing the property.

The applicant has submitted a petition signed for support of the request with 31 signatures.