ORDINANCE

 

ZONING ORDINANCE TEXT AMENDMENT TO SECTIONS 3-313 AND 5-1301 TO

 ADD “KENNEL/ANIMAL SHELTER” WITH A SPECIAL USE PERMIT IN THE

R-1/RESIDENTIAL ZONING DISTRICT

 

WHEREAS, the Fauquier County Zoning Ordinance currently does not allow a “Kennel/Animal Shelter” in the R-1/Residential zoning district; and

 

WHEREAS,  the Paws Awhile Pet Motel (kennel) has been operating in the R-1 residential district for over 30 years in Scott District, having been established legally when the property was zoned RA/Rural Agriculture; and

 

WHEREAS, a “Kennel” may be an appropriate use in the R-1 zoning district where additional standards and limitations protecting adjoining properties are provided; and

 

WHEREAS, as a legal non-conforming use the Paws Awhile Pet Motel can continue to operate but is limited in making desired improvements to the business; and

 

WHEREAS, the proposed text amendment will allow the kennel to apply for a special permit in order to authorize proposed improvements to the business; and

 

WHEREAS, on April 29, 2004, the Planning Commission held a public hearing on the issue; and

 

WHEREAS, on April 29, 2004, the Planning Commission voted to recommend approval of an amendment to allow a “Kennel/Animal Shelter” in the R-1 zoning district with approval of a special permit, subject to certain additional standards; and

 

WHEREAS, on June 21, 2004, the Fauquier County Board of Supervisors held a public hearing on these amendments; and

 

             WHEREAS, the adoption of this text amendment would be in the spirit of the Zoning Ordinance and is in the best interest of the citizens of Fauquier County; now, therefore, be it

 

ORDAINED by the Fauquier County Board of Supervisors this 21st day of June 2004, That Sections 3-313 and 5-1301 of the Fauquier County Zoning Ordinance be, and are hereby, amended as follows:

 

 

3-313  COMMERCIAL BUSINESS AND PERSONAL SERVICES

            (CATEGORY 13)

 

Site Plan

RC

RA

RR2

V

R1

R2

R3

R4

TH

GA

MDP

C1

C2

C3

CV

I1

I2

1.  Kennel/ Animal Shelter

X

SP

SP

SP

 

SP

 

 

 

 

 

 

SP

P

 

SP

 

 

 

 

5-1301             Additional Standards For Kennels

 

1.   The minimum lot size requirement shall be two (2) acres, except in the R-1 zoning district, where the minimum lot size shall be twenty (20) acres.

 

2.   a.   In all zoning districts other than R-1/Residential, no structure for the confinement, care or breeding of dogs, and no associated structure shall be located closer than 75 feet to any lot line, except that this requirement shall not apply to structures which are completely enclosed, adequately soundproofed, and constructed so that there will be no emission of odor or noise detrimental to other properties in the area.

 

      b.   In the R-1/Residential zoning district, all dog confinement areas and dog runs shall be located within enclosed structures, and no such structure shall be located closer than 200 feet to any lot line.

 

3.   All dogs shall be kept in pens designed and maintained for secure confinement.

 

4.   In consideration of an application for a permit, the BZA shall take into account the numbers and kinds of dogs proposed to be kept and the characteristics thereof and may preserve conditions with respect thereto.

 

5.   Maximum of (10) dogs per acre.