[ SHOWGSD-L ] Re: [doglegislation]ALERT Fuquay-Varina NC proposing severe "kennel" legislation
- From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
- To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
- Date: Sat, 29 Sep 2007 19:44:55 -0400
Ginger Cleary,Rome, GA ww.rihadin.com
The essence of Government is power; and power, lodged as it must be in human
hands, will ever be liable to abuse. ? James Madison
Member GSDCA
Member Sawnee Mtn Kennel Club
GA Director Responsible Dog Owners of the Eastern States.
-----Original Message-----
For those in the Fuquay-Varina NC Area
The town of Fuquay-Varina is proposing pretty severe "kennel"
legislation - Four or more dogs (or cats) will constitute a "kennel"
under the ordinance. And operating a kennel - even for a hobby breeder
- will be very expensive indeed. The purpose of the legislation appears
to be to stop almost all dog and cat breeding in the town.
Text of the proposed ordinance is below and the council will consider
the changes this Monday, October 1. If this ordinance affects you, YOU
NEED TO BE THERE!
The following is cross-posted with permission:
> Per your request, attached is a copy of the proposed ordinance
> amendment that will be considered by the Town Board of Commissioners
> on Monday, October 1, 2007.
>
> Angie Stewart
> Planning Department
> Town of Fuquay-Varina
> 919-552-1429
> AStewart@xxxxxxxxxxxxxxxxx
>
> ZA-07-07
> AN ORDINANCE AMENDMENT TO THE TOWN CODE TO AMEND SECTION 9-012 "TERM
> DEFINITION" TO AMEND THE DEFINITION FOR KENNEL AND ADD A NEW
> DEFINITION FOR KENNEL, BOARDING AND KENNEL, BREEDING, SECTION 9-4082
> ACCESSORY USES AND BUILDINGS; KENNELS IN SPECIFIC DISTRICTS AND ADDING A
> NEW SECTION 9-4090.2
>
> BE IT ORDAINED BY THE TOWN BOARD OF COMMISSIONERS OF
> THE TOWN OF FUQUAY-VARINA, NORTH CAROLINA, THAT:
>
> Section 9-4012 TERM DEFINITION. (62) is rewritten to read as follows:
> "(62) ANIMAL HOSPITAL AND VETERINARY CLINIC. A use for the purpose of
> providing medical services to dogs, cats and other pets and animals by
> a licensed veterinarian and all services are conducted inside a
> facility including overnight stays due to medical conditions,
> operations, medication or observation."
>
> Section 9-4012 TERM DEFINITION. (67) is amended by deleting the
> definition and rewriting as follows:
> "(67) KENNEL. Any place or premises where four (4) or more dogs,
> cats, or other domestic animals over six (6) months of age are kept.
> This definition shall not apply where said domestic animals are
> accessory to an agricultural use."
>
> Section 9-4012 TERM DEFINITION. is amended by adding a new
> definition as follows:
> "(68) KENNEL, BOARDING. Any kennel where pets or domestic animals,
> owned by another person, are temporarily boarded for pay, trade,
> barter, commission, or remuneration of any sort; provided, however
> this definition shall not apply to animal hospitals operated by
> veterinarians duly licensed under State law."
>
> Section 9-4012 TERM DEFINITION. is amended by adding a new
> definition as follows:
> "(69) KENNEL, BREEDING. Any kennel lawfully located in a zone for
> such use, kept, or harbored for the purpose of breeding, provided
> however, this definition shall not apply to animal hospitals
> operated by veterinarians duly licensed under State law."
>
> Section 9-4072 CH HIGHWAY COMMERICAL DISTRICT (1) is amended by
> adding the following permitted use:
>
> "Kennels subject to the requirements of Section 9-4090.2"
>
> Section 9-4082 ACCESSORY USES AND BUILDINGS. a., (4), B) is amended
> by rewriting as follows:
>
> "(B) Kennels, kennel boarding, kennel breeding or stables are
> permitted in Residential-20, Residential-30 and Residential-40
> districts under the following conditions:
>
> a) Kennels, kennel boarding and kennel breeding shall be located on
> property a minimum of two (2) acre in size.
>
> b) Stables shall be located on property a minimum of five (5) acres
> in size.
>
> c) Buildings, structures or related facilities for kennels, kennel
> boarding, kennel breeding and stables shall be located a minimum of
> two-hundred (200) feet from a residential dwelling, and one (100)
> feet from a property boundary.
>
> d) No more than ten (10) dogs, cats or other domestic animals, over
> the age of six (6) months are permitted for temporary boarding for
> pay, trade, barter, commission, remuneration of any sort, or
> harbored for the purpose of breeding.
>
> e) Either a fire alarm system or personnel must be available on-site
> 24 hours a day to monitor the animals for safety and fire protection
>
> f) Kennels must meet all requirements of the district in which they
> are located and shall meet all regulations of the State Building
> Code.
>
> g) Bona fide farms, where agriculture uses are the principal
> activity, are exempt from the provisions of this ordinance.
>
> Section 9-4082 ACCESSORY USES AND BUILDINGS. b) is amended by
> rewriting as follows:
>
> "b) Animal hospital and/or veterinary clinics in CDF-I, CDF-II, CS,
> CN, CH, LI and I
> Districts may include kennel boarding under the following conditions:
>
> 1. The animal hospital and/or veterinary clinic shall be the
> principal use and no more than 40% of the principle structure gross
> floor area shall be used for kennel boarding of animals that are not
> at the facility for medical purposes (surgery, observation,
> treatment).
>
> 2. The medical facility that includes kennel boarding must be
> located in the same principle structure and the principle structure
> must be a freestanding building.
>
> 3. The kennel boarding, dog runs and related services must be under
> roof, totally indoors and part of the principal structure using the
> same materials, fa�ade and architecture as the principle structure.
> The boarding, dog runs and related services shall be located within
> the 40% gross floor area defined in 1 above.
>
> 4. The principle structure must be located a minimum of 100 feet
> from a residential use and provide an opaque evergreen screen along
> the property adjacent to the residential use. If the principal
> structure is closer than 50 feet to any property line, then the wall of
the
> principal structure adjacent to the property line that
> is less than 50 feet must be a solid wall without penetration.
> > 5. The principle structure must be located on a parcel of land with
> > no less than 30,000 square feet.
> > 6. Ventilation and noise abatement measures must be employed using
> > sound control design practices and/or sound absorbing material or
> > sound insulating bates.
> >
> > 7. Either a fire alarm system or personnel must be provided at the
> > facility 24 hours a day for safety and fire protection purposes
> >
> > Article H of Chapter 4 "Zoning" is amended by adding a new section
> > as follows:
> >
> > "Section 9-4090.2 KENNELS, BOARDING AND BREEDING.
> > A kennel is permitted in the Commercial Highway District and
> > Industrial District with the following conditions:
> >
> > a. The kennel must be a freestanding building.
> > b.The boarding, breeding, exercise areas and all other related
> > appurtenances to the kennel must be totally under roof within an
> > enclosed structure.
> > c. Any part of the kennel facility located closer than fifty (50)
> > feet to any property line the building wall of the facility adjacent
> > to the property line, that is less than fifty (50) feet, must be a
> > solid wall.
> > d. Ventilation and noise abatement measures must be employed using
> > sound control design practices and/or sound absorbing material or
> > sound insulating bates.
> > e. Either a fire alarm system or personnel must be provided at the
> > kennel facility 24 hours a day for safety and fire protection
> > purposes.
> >
> > Adopted this __________ day of _____________________, 2007
>
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