HomeMy WebLinkAboutAgenda - 10-09-2012 - 2
1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date:October 9, 2012
Action Agenda
Item No.2
SUBJECT: Review of KennelRegulations
DEPARTMENT:PUBLIC HEARING: (Y/N)
Planning and InspectionsNo
ATTACHMENT(S):INFORMATION CONTACT:
A.Section 5.6.5 of the UDO –Regulations Michael D. Harvey, Planner III, 245-2597
Governing Development of Kennels, Class Craig Benedict, Director, 245-2575
II
PURPOSE:
To review existing permitting andland use development regulations governing the
development of Kennels, Class Iand Class IIwithin Orange County.
BACKGROUND:
In developing the first phase of the Unified Development Ordinance (UDO),
questions arose over the definition, and permitting,of kennels.Concerns ranged from where
each classification of kennel was allowed to be developed to the appropriateness of existing
development requirements. A chief concern also centered on the permitting process associated
with Kennel, Class IIoperationswithin the Rural Buffer (RB) general use zoning district.
In January of 2012 the BOCC re-approved an ordinance amendment to the UDO, a major
component of which made existing kennel definitions utilized by the Planning Department more
compatible with existing Animal Service definitions for what constitutes a Kennel, Class I and II.
These definitions are as follows:
Kennel, Class I:
The keeping of more than six but less than 20 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.
A Kennel (Class I) can be considered a customary accessory use to a
residential land use.
Kennel, Class II:
An establishment involving animals of any species, excluding domesticated
livestock, engaged in any of the following:
a) The owning or keeping, for any purpose, of 20 or more animals;
b) The selling 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.
2
Staff was asked to bring this item backto the Board to allow for additional discussion and review
of permitting processes and development regulations associated with both classifications of
kennel operations.
Permit Processes: Currently the Kennel, Class I land use is allowed within the:
Rural Buffer (RB)
Agricultural Residential (AR)
Rural Residential (R-1)
Community Commercial (CC-3)
General Commercial (GC-4)
Agricultural Services (AS)
general use zoning districts as a permitted use of property (i.e. staff review and approval of a site
plan). There are currently no specific development standards associated with a Kennel, Class I
operation such as additional setback standards, land use buffers, etc.
A Kennel, Class II is allowed in the:
Rural Buffer (RB)
Agricultural Residential (AR)
Rural Residential (R-1)
Community Commercial (CC-3)
General Commercial (GC-4)
Agricultural Services (AS)
Economic Development Buckhorn Higher Intensity (EDB-2), and
Economic Development Eno Higher Intensity (EDE-2)
subject to the review and approval of a Class BSpecial Use Permit application by the Orange
County Board of Adjustment.Standards governing the development of a Kennel, Class II are
contained within Section 5.6.5 of the UDO and include:
1.A setback of 150 feet from all property lines for any building, structure, dog run, or
exercise yard not wholly enclosed within a building,
2.Theerection of a fence 6 feet in height around unenclosed dog runs,
3.Erection of signage outlining emergency contact information for the kennel operator,
4.Approval of the proposed kennel design by Animal Services.
As with all Class B Special Use Permits, the Board of Adjustment holds a public hearing to
review the proposed application. This hearing is held in a quasi-judicial setting meaning the
decision is based on the sworn testimony and evidence entered into the record bythose for and
against the project.
The permit is issued if the Board finds the applicant has demonstrated compliance with
applicable specific standards governing the developmentas embodied in Section 5.6.5,
compliance with the general findings of fact denoted in Section 5.3.2, and if there is no evidence
entered into the record demonstratingthe applicant has not met theburden of proof as required
within Section 5.3.2 (A) (1) of the UDO.
3
Issues: During the initial phase of developing the UDO, as well as the processing of the
aforementioned text amendment, BOCC and Planning Board members indicated a need for
additional discussion on kennels, includingthe following topics:
a.Should a Kennel, Class II operation, viewed by many as a non-residential land use,
continue to be permitted within the Rural Buffer (RB) zoning district.
Staff Comment: This seems to be a question posed by both BOCC and Planning
Board members.
When the RBzoning district was created, the Countytook existing permitted land
uses within the Rural Residential (R1) zoning district and applied them. At the time
Kennels, Class II was a permitted use in the R1 district subject to the issuance of a
Class B Special Use Permit.
Staff believes it is still acceptable to allow this land use within the RB district given the
permit review process and development restrictions.
b.Are the current number limits established within the aforementioned definitions
reasonable or should there be some modification to specify a different number of
allowable animals for kennels in and outside of the RB district.
Staff Comment: From staff’sstandpoint the aforementioned limits appearto have
been initiated to ensure uniformity between the various classification(s) of kennel
operations recognized, and permitted,by Animal Services and Planning.
Recent amendments eliminated contradictions with respect to these definitions. Staff
incorporatedAnimal Services Director Bob Marotto’s suggestions with respect to the
new definitions of each kennel classification.
Staff is unsure how the existing number restrictions were created and if Planning
adopted Animal Service standardsor vice versa. What staffcan say is the definitions
are now consistent with one another.
Staff does not believe it is reasonable to have different ‘animal thresholds’ for different
general use zoning districts (i.e. RB versus AR) as this would only create confusion
for both Animal Service and Planning staff.
c. Should Kennel, Class II operations be approved through the Class A Special Use
Permitting process in the RB zoning district (i.e. acted upon by the Board of County
Commissioners).
Staff Comment: From staff’sstandpoint the required findings and process are virtually
the same with the notable exception that a Class A Special Use Permit is acted upon
by the BOCC, with a recommendation from the Planning Board,and the Class B
permit is acted upon solely by the Board of Adjustment.
If the applicant establishes the project complies with the applicable development
standard(s), the permit is required to be issued. There does not appear to be a
compelling reason to alter current review processes.
d.Should there be specific development standards associated with a Kennel, Class I
operation.
Staff Comment: From staff’s standpoint there may be a need for development criteria
even through the use is permitted by right. Staff would suggest the Board to consider
the following:
4
i.Setbacks for runs or buildings housing animals from property lines,
ii.Minimum land use buffer. Staff would recommend the Type A 20 foot land
use buffer as a minimum requirement.
e.Is there an opportunity for flexibility in allowing Kennel, Class II operations as a permitted
use in the rural areas of the County.
Staff Comment: From staff’s standpoint the existing process is reasonable and
should not be altered.
f.Does there need to be additional development criteria associated with the actual kennel
operation contained within the UDO. Current standards require the review and approval
of the facility by Animal Services prior to the issuance of a permit authorizing
development activity.
Staff Comment: Staff does not believe it would be prudent to include development
standards governingthe actual physical development of a kennel facilityin the UDO.
Animal Services is ultimately responsible for ensuring the facility is geared towards
the protection of the animals(s) housed at the facility. Planning staff should not be
interjected into this process as well.
g.Should required land use buffers be more readily defined instead being handled on a
case-by-case basis depending on the underlying general use zoning district.
Staff Comment: Staff wouldappreciate any suggestions. Staff haslooked at
requiring a 50 foot minimum land use buffer, but hasmet with some concern in the
rural areas of the County that this may be too restrictive.
h.Is the current 150 foot setback from adjacent property lines sufficient or does it need to
be increased.
Staff Comment: Staff would appreciate any suggestions from the BOCC as to
increases in setbacks. The Board may also want to consider requiring such facilities
have direct frontage along a State maintained roadway as part of the permitting
process.
i.Should there be allowances made foranimal rescue operations and affording them
additional opportunities to develop a kennel facility.
Staff Comment: Staff does not believe additional allowances for rehabilitation of
animals is necessary and believes current definitions and processes are adequate.
FINANCIAL IMPACT:
Consideration of this item, and the processing of any amendments
generated as a result of this discussion,will not create the need for additional funding for the
provision of County services. Existing Planning staff will accomplish anywork associated with
the development of text amendments arising out of the discussion.
RECOMMENDATION(S):
The Managerrecommends the Board:
1. Discuss the merit of issues associated with the review and permitting of Kennels, Class I
andII, with the intent to determine if further regulations are required; and
2.If necessary, direct staff to prepare formal text amendments accordingly.
AttachmentA
Article 5: Uses
5
Section 5.6:Standards for Commercial Uses
5.6.4Junkyards
(A)Standards for Class A 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)Detailed plans and specifications for the site screening proposed.
(b)Description of type and number of motorized machines to be employed
upon site.
(c)Indicate on the site plan the extent of area to be used for the storage of
junked or wrecked motor vehicles
(2)Standards for Evaluation -
(a)The site shall be screened from adjacent property by a minimum of an
eight foot high solid fence or equal, uninterrupted except for required
vehicle access points.
(b)No materials shall be stored closer than 50 feet to the public right of way
or 30 feet to the property lines.
(c)Site is of adequate size to protect adjacent properties from adverse
effects of the junkyard.
5.6.5Kennels (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,exercise yards, 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 yardin 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 facilitiesexisting or proposed for the
property.
(e)The site plan shall be reviewed by the Orange County Animal Services
Department, and found in conformance with the Animal Control
Ordinance.
Orange County, North Carolina –Unified Development Ordinance
Page 5-43
Article 5: Uses
6
Section 5.6:Standards for Commercial Uses
(f)Building plans for all kennel facilities shall be reviewed and approved by
the Orange CountyAnimal Services Departmentprior 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 forthwithinthis Ordinance.
(h)AClass II Kennel Permit shall be obtained from Orange CountyAnimal
Services 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.
5.6.6Riding Stables
(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 barns, boarding facilities, exercise yards, riding arenas, 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 riding stable.
(b)No part of any building, structure, exercise yard, 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
facility. These minimum distances shall not apply if all portions of the
facility, in which animals are housed, are wholly enclosed within a
building.
(c)The site plan shows parking, access areas and screening devices for
buildings, riding arenas, and boarding facilities.
(d)A sign clearly visible from the ground shall be posted at the main
entrance to the facilityand 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 within this Ordinance.
5.6.7Bed & Breakfast
(A)General Standards
(1)Submittal Requirements
(a)A site plan, prepared in accordance with the requirements of Section 2.5,
containing the following:(Per Section.2.5.2 professional design and
certification is not required for Rural Guest Establishments with three
guestrooms or less—bed & breakfasts.)
(i)Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
Orange County, North Carolina –Unified Development Ordinance
Page 5-44