Sec. 59-G-2.02. Animal boarding place.

   (a)   In any central business district, commercial, or transit station zone where permitted by special exception, an animal boarding place must comply with the following conditions and requirements:

      (1)   Exterior runs, exercise yards, or other such facilities for the keeping of animals are not permitted.

      (2)   All interior areas for the keeping of animals must be soundproofed.

   (3)   In the C-1 zone, an animal boarding place must be located at least 75 feet from the nearest residentially-zoned land, and must be operated in conjunction with a veterinary hospital.

   (b)   In any residential or rural zone where permitted by special exception, an animal boarding place must comply with the following conditions and requirements:

      (1)   The minimum lot size is 2 acres or the minimum required in the zone, whichever is greater.

      (2)   Exterior areas used to exercise, walk, or keep animals must be set back from any property line a minimum of 200 feet and screened from adjacent residential properties.  All exterior exercise areas and runs must be fenced for the safe confinement of animals.

      (3)   For all buildings in which animals will be present, maximum expected interior sound levels must be reduced to 40 dBA (A-weighted decibels) outside, measured at ten feet from the structure.

   (4)   All buildings and accessory structures must be set back from any property line a minimum of 75 feet.

   (5)   No animal may be outdoors between 6 p.m. and 8 a.m.

   (6)   On weekdays, the sound at the nearest receiving property line must not exceed 60 dBA between the hours of 8 a.m. to 6 p.m. and 50 dBA between the hours of 6 p.m. to 8 a.m.  On Saturdays, Sundays, and federal holidays, the sound at the nearest receiving property line must not exceed 60 dBA between the hours of 9 a.m. to 6 p.m. and 50 dBA between 6 p.m. and 9 a.m.  Terms are defined in accordance with the Montgomery County Noise Ordinance (Chapter 31B of the Montgomery County Code).  In any event, the predicted maximum receiving property line sound levels must not exceed the characteristic ambient sound levels by more than 3 dBA at any time.

   (7)   Dogs must not be walked or exercised in outdoor areas that are off-site.

   (8)   In addition to the submittal requirements in Sec. 59-A-4.22, the applicant must submit the following information.  Applications submitted without this information are incomplete and will not be accepted or assigned a case number:

   (i)   acoustical engineering studies that demonstrate that the proposed use meets the standards in Sec. 59-G-2.02(b)(3) and (6) above.  The studies must show the worst scenario sound level.  The statement of operations must be sufficiently detailed to allow determination of how often the worst scenario sound level occurs.

   (ii)   detailed floor plans that show all the interior areas, including runs and kennels, and

   (iii)   site plans that show the layout of all exterior areas used to exercise, walk, or keep animals.

   (9)   The board must specify a minimum number of off-street parking spaces equal at least to the number of employees on the maximum shift plus three.  The required number of parking spaces must in no case be less than 3.

   (10)   The Board may regulate hours of operation.  The Board may also regulate the number of animals that may be boarded, exercised, walked, or kept in runs or similar areas, and the manner in which animals are boarded, exercised, walked, or kept.

   (11)   Any accessory operation, such as grooming or the sale of pet food and supplies, must be set forth in the statement of operations and must be limited as an accessory activity to a percentage of sales not to exceed 20%.

   (12)   All litter and animal waste must be contained and controlled on the site.

   (13)   If the proposed use is located in an area that uses well water and septic facilities, the applicant must prove that the use will not have any negative effect.

   (c)   Any animal boarding place lawfully existing before November 1, 1977, is a conforming use and may be extended, enlarged or modified by special exception subject to the provisions of this section.

(Legislative History: Ord. No. 8-53, § 16; Ord. No. 14-28, § 2; Ord. No. 14-47, § 1.)

   Cross reference—Pet shops, kennels, etc., § 5-67 et seq.