Section
720 Commercial Kennel Ordinance
This is the
creation of a new ordinance and it provides for the regulation of Commercial
Kennels including Customary Home Occupation Kennels. Commercial Kennels are proposed to be
located in the Commercial Business A District &
Limited Industrial District. Home
Occupation Kennels would be permitted in the Rural District & Residence A,
B, & C Districts. The ordinance includes a definitions section; an
approvals process; regulations on setbacks, number of animals housed in a
facility, lighting, fencing, & the removal of animal waste. It also regulates noise created by dog
barking according to NH RSA 466:31 (b) & requires dogs & cats that are
boarded to be current in some vaccinations (as appropriate for an
animal’s age).
Ms. Webber motioned to open Section
720 for Public Hearing. Mr. McLeod
seconded. Motion passed: 7-0.
Ms. Wood
noted there was e12/12/11 memo from Attorney Campbell with suggestions, and the
Board would need to consider in what locations and zones “home
occupations kennels” are to be allowed. Customary Home Occupations in the Town
are allowed in Rural and Residential A, B, and C Districts. If the Board wants to change what
Districts “home occupation kennel” are allowed in, now being
considered a Customary Home Occupation, then the Ordinance would need to be
amended.
Board
comments/questions included:
•
The Board discussed why Attorney Campbell
struck language from Section 720.5.2 regarding 4 or fewer dogs; Ms. Wood thinks
it should be kept in, because it regulates business and protects
neighbors’ interest.
•
Chairwoman Post asked why the Board, a
land use Board, is getting involved in business use. The major complaint is noise, and the
Town has a Noise Ordinance; Mr.
McLeod stated that the Board is regulating business interests which intersects
with land use;
•
Vice-Chair Crisler
stated that the purpose is to protect neighbors from nuisances, but also to
protect the dogs’ care, and the land use protects residents from
incompatible uses on local property;
•
Ms. Webber noted that there are many
issues that can develop if dogs are not cared for properly;
Chairwoman
Post opened the Hearing to the Public.
Hearing none,
she closed the Public Hearing.
Board
comments/questions included:
•
Ms. Wood explained that if the Town
decided not to adopt a Kennel Ordinance, then someone could come forward with a
Customary Home Occupation for kenneling dogs on their property, meet all the
regulations and have 8 or more dogs on their property, not well cared for;
Staff is addressing in response to demand;
•
The Board discussed local kennels and
what Districts they are located in;
•
Ms. Webber noted that all Attorney
Campbell’s suggestions are good and should be incorporated;
Vice-Chair Crisler
motioned to move to Town Warrant Section 720 Commercial Kennel Ordinance
accepting all of Attorney Campbell’s amendments offered in his 12/12/11
memo, excepting:
•
Section 720.5.2, where the Board will
remove the first strike-out regarding “four (4) or fewer dogs” and
return it to the text; and
Seconded by Mr. McLeod.
The Board
discussed the various Districts that kennels should be allowed in. They decided to keep the allowed
Districts as they are proposed:
Commercial Kennels are allowed in Commercial A and Limited Industrial
and Customary Home Kennels are allowed in Rural and Residential A, B, and C. Any
substantive changes to the Ordinance at this point, would need another Public
Hearing.
Motion passed: 4-2-1. Chairwoman Post and Mr. Sycamore
opposed. Ms. Nysten abstained.