ORDINANCE

An Ordinance Adopting a Zoning Ordinance Text Amendment to Section 5-1301 Concerning Standards for Kennels

WHEREAS, on November 18, 2004, the Planning Commission held a public hearing on the issue and forwarded the proposed text amendment to the Board of Supervisors with a unanimous vote recommending its adoption; and

WHEREAS, on December 9, 2004, the Fauquier County Board of Supervisors held a public hearing on the proposed text amendment; and

WHEREAS, the adoption of this text amendment would be in the spirit of the Zoning Ordinance, consistent with the adopted Comprehensive Plan, consistent with good zoning practices, and in the best interest of the citizens of Fauquier County; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 9th day of December  2004, That Section 5-131 of the Fauquier County Zoning Ordinance be, and is hereby, amended as follows:

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, and maintained 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, adequately soundproofed, constructed, and maintained so that there will be no emission of odor or noise detrimental to other properties in the area, 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 ten (10) dogs per acre.

6.         Waste from operations must be collected and contained so as not to pollute the environment.