Minutes 10-09-2012 - Laserfiche WebLink

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Commissioner Yuhasz said that it seems that the Planning staff does not see a need to make changes. Michael Harvey said that the Planning staff focused on process issues. He thinks that there is an opportunity to develop standards for the Class I kennel and development of mandatory buffers, etc. He said that there are complexities with Class I and Class II facilities. He thinks that it would be appropriate to provide a differentiation between rescue facilities and kennels. He asked for direction from the Board. Commissioner Yuhasz made reference to direct frontage on a state-maintained roadway and said that the development regulations essentially prohibit the creation of new lots that have frontage on existing state-maintained roads. He said that putting this kind of restriction into the ordinance may make it difficult moving forward. This is one of his concerns. The problem has been that there have been some kennels approved over the objection of neighbors. He does not know what to do to make this problem better. Commissioner Gordon said that the reason this came up as a concern is that this use was seen as a commercial use in a residential area. She said that there should be standards for Class I kennels at a minimum for 6-20 animals. She said that the neighbors are already there and this would be bringing in something new and disturbing the peace in some way. Her view is that there need to be higher standards. Commissioner Hemminger asked about the penalty. Michael Harvey said that a violation of the code is up to $500 a day. She thinks that if someone is breeding dogs, there needs to be a permit. Frank Clifton said that one of the problems will be those that hunt rabbits and raise beagles. It is not uncommon for these people to have 15-20 dogs at one time, but they are not selling them. Commissioner Hemminger said that she would like to tighten up the Class II guidelines. Commissioner Yuhasz said that he does not understand why Class II kennels are allowed in a rural area if they are viewed as a commercial activity. Chair Pelissier said that if there is a large operation, there should be something about noise because that seems to be the biggest concern. Michael Harvey said that one of the reasons that noise is not in this ordinance is because there are noise regulations in the animal control ordinance. This is enforced by the Sheriff's department. Animal Services Director Bob Marotto said that they need to focus on non-compliance with other ordinances with the result being revocation of the kennel permit. There are ways to tighten up the ordinance. Commissioner Yuhasz said that he does not want more things for the County Commissioners to decide. Chair Pelissier agreed. She does not want this to be a Class A Special Use Permit. Bob Marotto said that there are a handful of kennels that are a chronic problem and there has been litigation with two of them. There are currently 12 Class II permits, two pending Class II permits, and two Class I permits. Of that group, probably two or three have been the subject of continuing complaints and concerns. Commissioner Yuhasz asked about the nature of those complaints. Bob Marotto said that the complaints are usually numbers, housing, noise, whether or not the animals are confined securely, living conditions, etc. The renewals of the permits depend upon the inspection and the standards and any violation of the standards is grounds to not renew the permit. Chair Pelissier said that she is hearing that the majority of the County Commissioners do not want to do Class A Special Use Permits for this and the staff should come back with more parameters for rural buffer, lot size, etc.