Commercial kennels (as defined in § 153.002 of this chapter) and kennels (as defined and regulated by the county animal control and protection ordinance, as amended), may be permitted as a special land use in the AG Agricultural Districts and in the SF Single-Family Rural Residential Districts subject to the following requirements.
(A) Site requirements.
(1) The minimum site size is ten acres.
(2) The kennel must be accessory to an owner-occupied dwelling on the same parcel.
(3) The subject property must be so located as not to hinder the natural and presumed residential development of the area.
(B) Yard and placement requirements.
(1) Front yard setback: a minimum of 250 feet from the center of the road.
(2) Side yard setbacks: a minimum of 150 feet from the property line.
(3) Rear yard setback: a minimum of 250 feet from the rear property line.
(C) Off-street parking requirements.
(1) A minimum of five parking spaces shall be distinctly for the kennel use.
(2) The parking area shall be screened from view of any abutting residential use by one or more of the means cited under § 153.177(A)(1), (A)(2), (A)(3), (A)(4) or (A)(5).
(3) Required parking must be improved in accordance with the standards of § 153.170.
(D) Required conditions.
(1) The Planning Commission may require adequate means of noise control, including but not limited to buffering, use of berms, inside night time (also potentially day time) housing of animals, and any other reasonable means to ensure adequate protection and enjoyment of neighboring properties. Failure by the developer of a kennel to demonstrate in his or her proposal the adequate provision of means to control noise shall be grounds to deny special land use approval.
(2) Between the hours of 10:00 p.m. and 7:00 a.m. all animals are to be confined to a sound proof and odor proof building that is completely closed and climate controlled. During all other hours, the animals may be exercised outdoors.
(3) Noise control shall be subject to § 153.172(E).
(4) Odor control shall be subject to § 153.172(F).
(5) Waste disposal shall be subject to § 153.172(G).
(6) Outdoor exercise runs require at least two of the following three provisions:
(a) Individual pens separated by privacy panels to prevent dogs from seeing one another;
(b) A yard completely enclosed by an obscuring six-foot fence; and/or
(c) A second yard enclosed by a six-foot chain link fence.
(E) Periodic inspections. The Zoning Administrator may make periodic inspections to ensure that the originally approved special land use and site plan review requirements are being complied with. Failure to comply with originally approved requirements may provide grounds for citation of violation under § 153.999. If a violation is discovered, the Zoning Administrator shall provide a written notice of the violation(s) and offer a reasonable time period for remedy by the owner, not to exceed 90 days. If in the judgment of the Zoning Administrator, there have been repeated or serious violations, he or she may proceed with enforcement under § 153.999 without the remedy period.
(F) Modification of conditions. The owner of a property with an existing approved kennel special land use permit (as with any special land use) may seek appropriate modification of any conditions of the special land use permit, through the same process by which the original special land use was approved.
(G) County kennel license. The applicant shall obtain a county kennel license within one year after site plan approval and before opening of use, and thereafter a county kennel license shall be maintained in accordance with the originally approved special land use.
(H) Conflicting provisions. In cases where there is a conflict between any provision of this chapter and the county animal control and protection ordinance, the more stringent provision shall govern.
(Ord. passed 10-11-2000; Ord. 30, passed 2-9-2011) Penalty, see § 153.999