HomeMy WebLinkAboutORD-2011-036 Unified Development Ordinance Text Amendment – Separate the Kennels/Riding Stables Land Use Category in Permitted Use Table and Standards ArticleOrdinance #: 2011 -036
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
WHEREAS, there is a need to review and, as necessary, revise existing land use
regulations overtime, and
WHEREAS, the Orange County Planning Director is authorized to initiate text
amendments, and
WHEREAS, there is a concern over the combination of dog kennels /boarding
facilities and riding stables into a single land use category, and
WHEREAS, the amendment is necessary to allow for a comprehensive re-
assessment of existing development standards for both land uses, and
WHEREAS, the County has held the required public hearing and has found the
proposed text amendment is consistent with the adopted Comprehensive Plan.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified
Development Ordinance (UDO) of Orange County is hereby amended as follows:
RED = Proposed Text
StFikethMugh or double underline= Deleted Text
Section 1. That Section 5.1.4(E) — Conditional Uses Exclusions be amended as
follows:
(E) Exclusions:
The following uses shall not be considered or approved as a Conditional Use
District:
(1) Airports, General Aviation, Heliports, S.T.O.L,
(2) Bus Terminals & Garages,
(3) Class II Kennels!R+d+ng- Stables,
(4) Commercial Feeder Operation,
(5) Crematoria,
(6) Drive -In Theaters,
(7) Extraction of Earth Products,
(8) Farm Equipment & Sales,
(9) Feed, Seed, Storage & Processing,
(10) Funeral Homes,
(11) Health Services: Over 10,000 square feet,
(12) Hospitals,
(13) Hotels & Motels,
(14) Industrial, Light,
(15) Industrial, Medium,
(16) Industrial, Heavy,
(17) Junkyards,
(18) Landfills (less than 2 acres),
(19) Landfills (2 acres or more),
(20) Military Installations (National Guard & Reserve Armory),
(21) Motor Freight Terminals,
(22) Motor Vehicle Maintenance & Repair (Body Shop),
(23) Motor Vehicle Repair Garage,
(24) Petroleum Products: Storage & Distribution,
(25) Research Facility,
(26) Residential Hotel (Fraternities, Sororities, and Dormitories),
(27) Riding Stables
(278) Sawmills,
(299) Stockyards,
(2-930) Storage of Goods, Outdoor,
(391) Waste Management Facility; Hazardous & Toxic, and
(342) Wholesale Sales.
Section 2. That Section 5.2.1 Table of Permitted Uses — General Use Zoning Districts
be amended as follows:
** Staff Note: Only those districts where the use is allowed are denoted. Other districts
where the use is not permitted are not denoted within this amendment **
Agricultural Uses
RB
AR
R1
CC3
GC4
AS
Agricultural Service Uses
B
B
B
B
B
B
Commercial Feeder Operations
Farm Equipment &Sales
Feed, Seed, Storage, & Processing
Riding Stables
B
B
B
B
B
B
Commercial Uses
RB
AR
R1
CC3
GC4
AS
Kennels , Class II
B
B
B
B
B
B
Section 3. That Section 5.2.1 Table of Permitted Uses — General Use Zoning Districts
be amended as follows:
** Staff Note: Only those districts where the use is allowed are denoted. Other districts
where the use is not permitted are not denoted within this amendment **
Commercial Uses
RB
AR
R1
CC3
GC4
AS
Kennels—, Ias I
Miscellaneous Uses
RIB
AR
R1
CC3
GC4
AS
Historic Sites Non - residential /Mixed Use
Farm Equipment &Sales
Feed, Seed, Storage, & Processing
Kennel, Class I
Riding Stables
Section 4. That Section 5.2.3 Table of Permitted Uses — Conditional Uses be amended
as follows:
** Staff Note: Only those districts where the use is allowed are denoted. Other districts
where the use is not permitted are not denoted within this amendment **
Agricultural Uses
MPD -CZ
MHP -CZ
Agricultural Service Uses
Commercial Feeder Operations
Farm Equipment &Sales
Feed, Seed, Storage, & Processing
Riding Stables
Commercial Uses MPD -CZ MHP -CZ
Kennels , Class II 1 Riding Stable6
Section 5. That Section 5.6 Standards for Commercial Uses be amended as follows:
5.6.5'xeRReIs OF oidiRg Stables 1 n,.. denies Kennels (Class II)
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements —
In addition to the information required by Section 2.7, the following
information shall be supplied as part of the application for approval of this
use:
(a) Plans for all kennels, baFns, exercise yards, riding aFen,s dog runs,
pens and related improvements, including signage.
(b) Site plan showing the improvements listed in a) above, other structures
on the same lot, and structures on adjacent property.
(2) Standards of Evaluation —
(a) The site is of adequate size to protect adjacent properties from adverse
effects of the kennel
(b) No part of any building, structure, dog run, pen, or exercise yard fuPmay
in which animals are housed or exercised shall be closer
than 150 feet from a property line, except property occupied by the
owner /operator of the kennel. These minimum distances shall not apply
if all portions of the facility, in which animals are housed, are wholly
enclosed within a building.
(c) Any kennel, including primary enclosures or runs, which is not wholly
enclosed within a building shall be enclosed by a security fence at least
six feet in height, .
(d) The site plan shows parking, access areas and screening devices for all
buildings and animal boarding facilities existing or proposed for the
property.
(e) The site plan shall be reviewed by the Orange County Animal Oentrel
DepaFtmen +Services Department, and found in conformance with
SeGtien the Animal Control Ordinance.
(f) Building plans for all kennel facilities shall be reviewed and approved by
the DnFeotei: of Animal the Orange County Animal Services
Department prior to issuance of any building permits.
(g) A sign clearly visible from the ground shall be posted at the main
entrance to the facility and shall contain the names, addresses, and
telephone numbers where persons responsible for the facility may be
contacted at any hour of the day or night. The sign shall comply with
dimensional requirements as set forth in Seetion 6.12 of this
9Fd*naflsewithin this Ordinance.
(h) VVheFe FequiFed by the A Class II Kennel
Permit shall be obtained from Orange County Animal Services, a -Class
11 t shall be obtained from the Department of Animal
.. Kennel
.. ei�e��z— gran-- vc— �'vrarrtcca -� �urci'n�
Oontrol— within the first 30 days of occupancy. Failure to obtain and
maintain a valid Class II Kennel Permit or other related permits which
may be required by the USDA or Wildlife Resources Commission will
result in revocation of the Special Use Permit.
5.6.6 Riding Stables Aradem8e
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements —
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) Plans for all kennels, barns, boarding facilities, exercise yards, riding arenas,
peRsand related improvements, including signage.
(b) Site plan showing the improvements listed in a) above, other structures on
the same lot, and structures on adjacent property.
(2) Standards of Evaluation —
(a) The site is of adequate size to protect adjacent properties from adverse
effects of the kennel or riding stable/aeademy.
(b) No part of any building, structure, exercise ay rd, FUaway or riding arena, in
which animals are housed or exercised shall be closer than 150 feet from a
property line, except property occupied by the owner /operator of the
elfa_ cility. These minimum distances shall not apply if all portions of the
facility, in which animals are housed, are wholly enclosed within a building.
Jr.) Any kennel whiGh is not whelly eRelesed within a building shall be eRG'Gsed
by a seGUFity fenGe at least sex feet in height, whirsh shall inGlude PFirnafy
enE;IOSUFes OF FURS.
(dc) The site plan shows parking, access areas and screening devices for
buildings, riding arenas, and animal boarding facilities.
(e) The site plan hall reviewed by the QFange County Anin a! Gan#01
9rdse.
(gd) A sign clearly visible from the ground shall be posted at the main entrance to
the facility and shall contain the names, addresses, and telephone numbers
where persons responsible for the facility may be contacted at any hour of the
day or night. The sign shall comply with dimensional requirements as set forth
Vn Sentien 6.12 of thi within this Ordinance.
(h) VVheFe Fequired by the Animal GeRtFE)l C)FdffiRanE;e a Glass 11 Kennel PeFmit shall
be obtained fFeFn the DepaFtment of Animal GGR#91 within the fiFSt 30 days 0
Qeeepanr.y. Fail„e to obtain aTd maintain Q -valid Class 1,1 Kennel TPermit eT r
etheF Fe ated peFmits whiGh may be FeqLI*Fed by the USDA or Wild
5.6.6 -7 Bed and Breakfast
5.6.7-8 Bed and Breakfast Inn
5.6.E --9 Country Inn
Section 6. That Article 10 Definitions be amended as follows:
Kennel (Class 1)
An establishment that maintain6The keeping of more than five-six but less than 20
a that �riuii �larrr..a
animals of any species, excluding domesticated livestock, on a parcel of property
for the purpose of showing, competition, hunting, or sport. All animals shall be
owned by the property owner.
Kennel (Class 11)
An establishment involving animals of any species, excluding domesticated
livestock, engaged in any of the following:
a) The Gowning or keeping, for any purpose, of 20 or more animals;
b) The Sselling and /or training of guard dogs or security dogs;
c) The keeping of more than five animals at any given time for the purpose of
breeding, boarding, or rehabilitation.
The operator of a Kennel (Class II) shall be allowed to reside on the property to
ensure the continuous care of the animals kept on -site
Riding Stable
A commercial facility where horses are sheltered, fed, groomed, boarded, trained,
ridden, or and bred. Typical accessory uses may include riding instruction, horse
shows and auctions, a tack shop, and storage of feed and supplies.
The operator of a riding stable shall be allowed to reside on the property to ensure
the continuous care of the animals kept on -site
Section 7. That this ordinance be placed in the book of published ordinances.
Section 8. This ordinance is effective upon its adoption.
Upon motion of Co missioner seconded by
Commis ioner �- , the foregoing ordinance was adopted this
day of W�/2 r-�- 12011.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of
said Board at a meeting held on � 4�_, 2011 as relates in any
way to the adoption of the foregoing and that said proceedings are recorded in the
minutes of the said Board.
ITNESS my hand and the seal of said County, this day of
'2011.
SEAL
CI rk to the Board of Commissioners