[accmemberdiscussion] Shelby County Information
- From: Jdfolmar@xxxxxxx
- To: members@xxxxxxxxxxxxxxxx
- Date: Mon, 16 Aug 2010 16:10:41 EDT
I received the following from the Shelby County Development Office today.
REPORT TO THE SHELBY COUNTY PLANNING COMMISSION
From the Department of Development Services
Planning Services
August 2, 2010
Case No. ZAM01-05
Proposed Amendment to the Definitions of the Zoning Ordinance
In June of 2005 at the direction of the Planning Commission, staff
researched regulations pertaining to kennels and the keeping of dogs and cats.
This research led to the proposed amendment of the A-R, A-1 and the B-2
zoning regulations to provide increased oversight of this use. A public
hearing was held on June 20, 2005. Based upon the testimony presented by all
those who wished to speak, the Commission did not feel compelled to amend the
zoning regulations regarding kennels and the keeping of dogs and cats at
that time. The case was Tabled.
The issue of “kennels” and the keeping of dogs is a topic that arises
from time to time as the subject of citizen’s complaints. When these
complaints are received, Development Services mobilizes the enforcement staff
to
review the situation on site. Typically, however, the issue is not resolved
because of the inability of staff to identify a violation of the Zoning
Regulations.
Article IV, Definitions of the Zoning Regulations of Shelby County,
provides the specific meaning of words and phrases used when interpreting or
administering the regulations therein. The Definitions of the Zoning
Regulations are currently silent for the word “kennel.“
Despite the absence of a definition, “Kennel” appears three times in the
Zoning Regulations. It first appears as a permitted use in the A-1,
Agricultural District:
(3) Kennels provided that open pens or runs are located not
less than 75 feet from any lot line.
The second use of the word is in the B-2, General Business District to
qualify a use:
(4) Hospital or clinic for animals, but not including open
kennels.
Finally, it is used in the M-1, Light Industrial District to identify a
permitted use:
(5) Animal hospital or clinic including open kennels.
Staff has reviewed professional materials and other ordinances and has
discussed the issue with the County Attorney. Based on staff research and a
comprehensive review of several different issues that have been brought to
the Department’s attention by citizens in recent months and years, staff
suggests the addition of the following definitions to Article IV of the
Zoning Regulations.
Kennel (commercial)
For the purpose of this Ordinance, a Kennel (commercial) will be
considered as any combination of structures, pens, areas or enclosures,
covered or
uncovered, where five or more dogs, cats or other domestic animals are kept
for the purpose of boarding, breeding, raising, grooming or training for
sale, compensation or any other commercial purpose. A Kennel (commercial)
may be located in a rear yard and shall be located no less than 75 feet from
any side or rear property line.
Kennel (non-commercial)
For the purpose of this Ordinance, a Kennel (non-commercial) will be
considered as any combination of structures, pens, areas or enclosures,
covered
or uncovered, where four or more dogs, cats or other domestic animals over
six months of age are kept for the purpose of boarding, breeding, raising,
grooming or training for personal/non-commercial enjoyment. A Kennel
(non-commercial) may be located in a rear yard but must meet the zoning
setback
requirements for the applicable zone district.
RECOMENDATION.
The administration of the Zoning Regulations is based upon the
interpretation of the words and phrases used in the regulations. Definitions
establish the precise meaning of a word or phrase that otherwise may be
subject to
differing interpretations. These precise meanings are provided to
eliminate ambiguity and vagueness. The definitions in the regulations are
designed
to focus on the essential elements of a word or phrase and clearly mark off
and limit its application or interpretation. It is recommended that a
public hearing be properly advertised in a newspaper of general circulation
to consider the amendment of Article IV. Definitions of the Zoning
Regulations of Shelby County, Alabama to include the following text:
Article IV. Definitions.
Kennel (commercial)
For the purpose of this Ordinance, a Kennel (commercial) will be
considered as any combination of structures, pens, areas or enclosures,
covered or
uncovered, where five or more dogs, cats or other domestic animals are kept
for the purpose of boarding, breeding, raising, grooming or training for
sale, compensation or any other commercial purpose. A Kennel (commercial)
may be located in a rear yard and shall be located no less than 75 feet from
any side or rear property line.
Kennel (non-commercial)
For the purpose of this Ordinance, a Kennel (non-commercial) will be
considered as any combination of structures, pens, areas or enclosures,
covered
or uncovered, where four or more dogs, cats or other domestic animals over
six months of age are kept for the purpose of boarding, breeding, raising,
grooming or training for personal/non-commercial enjoyment. A Kennel
(non-commercial) may be located in a rear yard but must meet the zoning
setback
requirements for the applicable zone district.
"There is no power on earth that can neutralize the
influence of a high, simple and useful life."--Booker T. Washington
Other related posts:
