Amendment #11 Kennels
Section 720
Proposed Changes:
Amend the Windham Zoning
Ordinance by adding a new Section 720 governing kennels which states as
follows:
720. KENNELS
720.1 Purpose
This Ordinance is intended
to provide regulations for protecting public health, safety, and welfare as
well as the welfare of dogs and other animals. In addition it is for the
purpose of prohibiting nuisance, animal neglect, and containing the spread of
diseases.
720.2 Title and Applicability
This ordinance shall be known
and referred to as the Town of Windham Kennel Ordinance. It governs both
Commercial Kennels as well as those subject to regulation as Home Occupations.
This ordinance does not apply to facilities operated by veterinarians licensed
by the State of New Hampshire which engage in the practice of veterinary
medicine under RSA 332-B.
720.3 Definitions
Kennel: A facility (use or
structure) intended and used to keep or care, breed, groom, handle, train,
sell, or board on a short or long term basis, dogs or other household pets
belonging to customers, patrons, or others , or lost or strayed animals, for
compensation or as a humanitarian gesture.
Commercial Kennel: A facility (use or
structure) intended and used to keep or care, breed, groom, handle, train, sell,
or board on a short or long term basis, five (5) or more dogs or other
household pets belonging to customers, patrons, or others , or lost or strayed
animals, for compensation or as a humanitarian gesture.
NOTE: For the purposes of this
Ordinance, a breeder with more than one adult unspayed
female will be considered either a commercial kennel or require a Customary
Home Occupation/Conditional Use Permit.
720.4 Location
Commercial kennels are
permitted only in the Commercial A or Limited Industrial Districts
720.5 Approvals
§
720.5.1 Commercial Kennels shall be required to obtain Site Plan
approval from, the Planning Board in accordance with the Site Plan regulations.
§
720.5.2 A Kennel Operation with four (4) or fewer dogs or other household
pets as a commercial enterprise may be considered a Customary Home Occupation
and requires the securing of a Customary Home Occupation/Conditional Use
Permit; however, it does not require Site Plan Review.
§
720.5.3 The Animal Control Officer shall be given any submitted
application at least ten (10) business days prior to a scheduled Planning Board
hearing for review and comment.
720.6 Regulations for Commercial Kennels:
The following sections contain provisions
governing Commercial Kennels:
§ 720.6.1 Setbacks: The
minimum distance between any animal enclosures, buildings, structures or fenced
area in which animals are housed or exercised must be at least:
·
720.6.1.1 One hundred (100) feet from the property line;
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720.6.1.2 Three hundred (300) feet from any preexisting occupied
structure, except property occupied by the owner/operator of the kennel
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720.6.1.3 One thousand (1000) feet from any preexisting educational
institution located on another lot. This setback shall be measured from the
fenced area and building structures of the commercial kennel to the nearest
property line of the educational institution.
§ 720.6.2 Facility Size
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720.6.2.1 The number of animals boarded entirely outside or partially
outside the facility shall be based on the size and style of the kennel and
shall determined by the
·
following:
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720.6.2.2 If the kennel uses crates or dog suites in conjunction with a
doggie daycare then
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a minimum of 60 square feet of space per dog is
required.
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720.6.2.3 If the kennel consists of a private indoor and outdoor run,
then it shall consist of at least 4’X4’ indoor space and 4’ x
12’ outside space with a permanent roof for protection from the elements.
This type of private kennel shall be used by one adult dog or one female with
her litter.
·
720.6.2.4 The exception to the above unit sizing is this: Multiple dogs
from the same owner may be housed together in a shared kennel space if Animal
Control Officer deems the space adequate.
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720.6.2.5 The size of the kennel space for cats and other small pets
are not regulated by this ordinance.
720.6.3 Reduction in
setback. A reduction in setback requirement, as listed in Section 720.6.1, is
only permitted for kennels having a total holding capacity of ten (10) or fewer
animals outside or partially outside of the building. The setback requirement
may be reduced to fifty (50) feet from the property line for all kennel areas
that are surrounded by an effective noise screen. Where a noise screen is
provided, it must consist of one of the following combinations:
720.6.3.1 An earth berm covered by a combination of dense evergreen shrubs and
evergreen trees. The minimum height
of the entire noise screen must be eight (8) feet, but the earth berm itself must be no more than five (5) feet. The minimum
width of the entire noise screen must be twenty-five (25) feet.
720.6.3.2 A
masonry, stone, or block wall, augmented on one side by a combination of dense
evergreen shrubs and evergreen trees. The minimum height of the entire noise
screen must be eight (8) feet, and the minimum width of the span of vegetation
plantings must be twenty-five (25) feet.
720.7 Regulations for all
Kennels (Commercial Kennels and Home Occupation Kennels):
§
720.7.1 All off-leash dogs and other animals must be housed within a
completely enclosed building between the hours of 10:00pm and 6:00am.
§ 720.7.2 Dog barking at night
shall be regulated according to NH RSA 466:31(b) and are subject to
penalties as detailed in NH RSA 466:31-a. Additionally,
the noise standards set by Section 714 of the Windham Zoning Ordinance shall
also apply to all commercial kennels and customary home occupation kennels.
§ 720.7.3 Kennel structures or
yard areas where dogs and other household pets are exercised may not be located
within the Wetland and Watershed Protection District or within 100 ft. of any
other wetland, stream, or natural surface feature.
§ 720.7.4 Animal wastes shall
not be stored closer than one hundred (100) feet from any property line or
surface waters. All animal wastes shall be removed from the grounds and other
areas where the dogs are housed daily. Stored waste shall be removed from
premises on a weekly basis, in a manner that is acceptable to the Planning
Board.
§ 720.7.5 All dogs boarded
must be current in vaccinations (appropriate for their age) of rabies,
distemper/parvo, and bordatella.
§ 720.7.6 All cats boarded
must be current in vaccinations (as appropriate for their age) of rabies,
feline leukemia, and distemper.
§ 720.7.7 All outdoor lights
must be shielded to direct light and glare onto the facility’s premises
and may be of sufficient intensity to ensure security. Lighting and glare must
be deflected, shaded and focused away from any adjoining property.
§ 720.7.8 Fencing. Where
animals are not entirely enclosed within a building, they must be surrounded by
a six (6) foot high security fence. All fences must have a height of six (6) or
more feet, and all screens, as listed in Section 720.8, must have a height of
six (6) or more feet within four (4) growing seasons.
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720.7.8.1 Adequate measures to deter dogs from digging under the fence,
in a manner that acceptable to the Planning Board, must be provided for all
security fences.
Recommended by the Planning
Board 4-2-1
o
Ruth-Ellen Post and Jonathan Sycamore Opposed
o
Vanessa Nysten Abstained
From the Planning Board and Community Development Department:
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Amendment Education (Carolyn Webber)
Meetings:
Meeting video clips shown have been shortened for
content. The full meeting video may
be obtained at wctv.pegcentral.com.
·
12/21/11 Planning Board Public Hearing (Entire meeting video can be found here)
o Minutes
o WCTV Video Clip (00:38:03)