The Horns of a Dilemma

Goat Flap Highlights County's Fading Farm Heritage

Lesli Francis, her husband and three children moved to a 3.5-acre property in Hamilton two years ago to enjoy a rural escape from suburban life. As active members of Loudoun County's 4-H program, the family bought three pet goats in the spring.

But they soon learned that they had violated a county zoning rule requiring at least a five-acre lot to raise or breed livestock.

"We had every reason to believe that we were within our zoning rights," said Francis, who has applied for a special exception. "We didn't want to be a farm, we just wanted to have pet animals for our own use."

Francis's effort to keep the goats has sparked a larger debate about preserving the rural character of a rapidly growing county. About 700 people have signed a petition supporting her, and several of them told Loudoun County supervisors at a hearing Monday that the zoning rule undermines Loudoun's farming traditions.

"I feel that many of us live here in western Loudoun to enjoy this rural countryside," said Lori Keating, who raises pigs, chickens and other animals on her Purcellville property. "We believe in being self-sufficient. We believe we have a right to do that."

But Francis's 30-year-old brick rambler is surrounded by newer communities of single-family houses, a sign of how suburbanization has reached Loudoun's rural west. At the hearing, some of Francis's neighbors complained that the goats would create a petting zoo atmosphere near their properties.

"What this boils down to is compatibility within the neighborhood," said Steve Horn, whose house in the Broad Oak subdivision is 60 feet from Francis's land. "The property is completed surrounded by properties that restrict livestock," he said. "That's the actual issue."

It was only last year that the Board of Supervisors increased the minimum lot size for raising or breeding livestock from three acres to five. The change was one of many revisions to the zoning ordinance, and some of the supervisors who were on the board at the time said last week that they had not realized it would affect landowners such as Francis.

"There just wasn't a lot of discussion about how many acres are needed to go to particular uses," said Supervisor Lori L. Waters (R-Broad Run). "It certainly was not my intention to require people to go through these hurdles of a special exception."

Several supervisors not only expressed support for the family's application but said they might consider a return to the three-acre rule. "This case has raised the issue of whether or not we should revisit that, and it's a topic, as a board, we will discuss," Supervisor James Burton (I-Blue Ridge) said.

Francis's problems began as soon as the first fence went up for the goats. She said a neighbor complained about her plans and told her she was violating zoning rules. She asked for a determination from the Loudoun zoning administrator, who ruled that she needed to apply for the special exception.

The county then sent Francis a violation notice, which she said carried a fine of up to $600 if the goats were not removed within 10 days. She appealed the violation to put the threat of a fine on hold.

Francis said the legal process is "absurd," adding that her family has spent about $2,500 on appeals and attorney's fees. "We were not trying to be willful lawbreakers," she said.

Some see her bid to keep her goats as a symbol of the county's struggle to maintain what's left of its agricultural identity. Kendra Roller, the 4-H extension agent in Loudoun, said farming activities have considerably declined over the years as rooftops have replaced open land. But, Roller said, the rural communities in western Loudoun have helped preserve some of those activities.

"We still do have a very active livestock program here, and that's something we want to hold on to," Roller said.

Supervisors are scheduled to vote on Francis's special exception at their Dec. 2 business meeting.

Waters said that Francis's use of her land is compatible with the agricultural nature of western Loudoun, and that her neighbors should realize that goats are part of the landscape.

"There should be rural expectations," she said. "You're in the country, you're going to have some of these farm-type uses."