Agenda 09/27/2011 Item #16A15
Agenda Changes
Board of County Commissioners Meeting
September 27,2011
Item 9B: Vacancy for District 2 Planning Commissioner to be re-advertised and continued to a
subsequent BCC Board Meeting. (Commissioner Hiller's request)
Add Item 9D: Recommendation to appoint 2 Commissioners as regular members, 3 Commissioners
as alternate members to the Value Adjustment Board. Per Ordinance Number 2011-17 a majority
vote of the Board is required to add this document to the agenda since it was submitted following the
publication of the printed agenda. (Requested by the Executive Manager of the BCe)
Item lOA: Add Commissioner Hiller's evaluation of the County Manager to this agenda item. Per
Ordinance Number 2011-17 a majority vote of the Board is required to add this documentto the
agenda since it was submitted following the publication of the printed agenda.
Continue Item 10D to the October 11. 2011 BCC Meeting: Recommendation to approve and
ratify staffs unauthorized Zero Dollar Time Extension Change Order for Professional Engineering
Services with Atkins North America, Inc. (previously known as PBS&J) to Work Order No. 4500100227
in order to process final invoice for work completed for "Clam Pass/Bay Estuary," ratify staffs
unauthorized action of request for services, and then make a finding of quantum meruit based on the
value of the benefit received. (County Attorney's request)
Move Item 10L to 16A16: Recommendation to approve the Ribbon Cutting Ceremony for the
new Transit Route between Collier County and Lee County to be known as the "LinC" and to authorize
the Chairman to sign all applicable agreements associated with use of private property for the event
scheduled for October 6, 2011. (Commissioner Henning's request)
Item llA: Add Commissioner Hiller's evaluation of the County Attorney to this agenda item. Per
Ordinance Number 2011-17 a majority vote of the Board is required to add this document to the
agenda since it was submitted following the publication of the printed agenda.
Item 13Al: Add Commissioner Hiller's evaluation of the Airport Authority Executive Director to
this agenda item. Per Ordinance Number 2011-17 a majority vote of the Board is required to add this
document to the agenda since it was submitted following the publication of the printed agenda.
Withdraw Item 16AI0: Recommendation to approve Request for Reimbursement as an exception to
the County Manager Agency Organization Code ("CMA") # 5346, Reimbursement of Relocation
Expenses in the amount of $8,666.67, for Anthony Khawaja, Engineer of Traffic Operations for the
Growth Management Division. (Staffs request Need for additional review of back-up materials)
Move Item 16A15 to Item 10M:
Recommendation to direct the County
Manager or his designee to amend the
Collier County Land Development Code
(LDC) and Right-of-Way Ordinance in
regards to storage containers, Planned
Unit Development (PUD) Annual
Monitoring Reports, specific standards for
the location of accessory buildings and
structure provisions to include Personal
Storage Containers (PODS), number of
dogs allowed in residential districts, and
exceptions to a Right-of-Way (ROW)
permit meeting specific criteria.
(Commissioner Hiller's request)
Move Item 16Bl to Item 13Bl: Recommendation that the Collier County Community Redevelopment
Agency (CRA) approves and executes an amendment to the employment agreement between the CRA
and David L. Jackson, the Bayshore Gateway Triangle CRA Executive Director, extending the term of
employment four years and modifying severance terms, and authorize the CRA Chairman to sign.
(Commissioner Hiller's request)
Move Item 16D9 to Item 10N: Recommendation to approve a budget amendment recognizing
$284,110.45 in revenue generated as program income when conveying property acquired through the
Neighborhood Stabilization Program. (Fiscal impact $284,110.45) (Commissioner Hiller's request)
Continue Item 16E2 to the October 11. 2011 BCC Meeting: Recommendation to approve a Revenue
Commitment Contract with Naples News Media Group to receive discounted pricing on advertising.
(Staffs request to clarify the language in the recommendation section of the executive summary.)
Continue Item 16F5 to the October 11. 2011 BCC Meeting: Recommendation to approve the Fiscal
Year 2012 Strategic Plan for the Naples Marco Island, Everglades Convention & Visitors Bureau (CVB).
(Staffs request)
Add Item 16H2: Proclamation recognizing the heroic actions ofChokoloskee resident Dwain Daniels
when he rescued ninety-year old Margaret Webb who was being attacked by an alligator. The
Proclamation designates September 24, 2011 as "Dwain Daniels Day". Per Ordinance Number 2011-
17 a majority vote of the Board is required to add this document to the agenda since it was submitted
following the publication of the printed agenda. Sponsored by Commissioner Henning.
Time Certain Items:
Item 101 to be heard at 11:00 a.m.
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Items 8B and 17 A requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in.
Item 16B3 fiscal impact should read: Of the $400,00.00 $400,000.00 in the FY-2011 budget,
$384,965.94 has been awarded by the CRA Board and $15,034.06 remains. (Commissioner Fiala's
request)
Item 16C3: The work order made part of the agenda back-up is dated September 2, 2011. The County
Attorney's Office has requested that this date be changed to the BCC approval date, September 27,
2011, if this item is approved by the Board.
Item 16G2: The date referenced for the event is incorrect. The first event for the 38th Annual Sun-n-
Fly Event in LakeIand Florida is scheduled for March 27 through April 1, 2012.
9/27/2011 9:47 AM
9/27/2011 Item 16.A.15.
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EXECUTIVE S~RY
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Recommendation to direct the County Manager or his designee to amend the
Collier County Land Development Code (lOC) and Right.of..way Ordinance In
regards to ato.... containers, Planned Unit Development (PUD) Annual
Monitoring Reports, specific standards for the location of accessory buildings
and stn.(cture provisions to include Personal Storage ContaiR8l$(PODS),number
of dogs allowed In residential districts, and exceptions to a . Rigbt.of.way (ROW)
permitmeeti"9. ,peciflc criteria.
OBJECTIVE: To provide proposed revisions to the Land Development Cooe (LDC) and
Right-of.Way (ROW) Ordinance.
CO~D~RATlOp@: There are various sections of the Land Development Code.. and
Right-of.Way Ordinance that poses various difficulties for community members.
Accordingly, staff is proposing various changes. The proposals and re8$ons to changes
are. provided onattac:hments. If the Board of County Commissioners. (Board) agrees
that these changes $hould go through public hearings, Code Enforcement would place
stay on enforcement .within these provisions until after the Board adopts the changes
after the normal LOC cycle. The proposed changes within this Executive Summary
reflect an initial proposal from staff.
The final version coming to the Board of County Commissioners (Board) will ret1ect
public input throup,the public hearing process in the next upcoming LOC Amendment
cycle.
I. Land Development Code (LDC) Section 10.02. 13.F. 1 PUD Monitoring
The proposed revision to this section of the LOC will enable property owner's to avoid
the expense of filing a PUD Monitoring Report if their portion of the PUOis built.out.
Amend the LDC as follows:
10.02.13. F.1.
The monitoring repo.rt must be prepared in a County approved format as an affidavit
executed by the propertyowner(s) attesting that the information. contained in the
monitoring report is factually correct and complete. These reports are to be submitted
annually, on or before each anniversary of the date said PUO was approved by the
Board until the PUD is completely constructed and all commitments in the PUD
document/master plan are met (built out).
A Dbltted oortion ofa PUD that has comoletedconstruction withinUlat trac:i mav be
considered built..out ,n9 not resoonsiple for annual monitorina reDorts. as Ionqas all
PUO cpmmitments withint~t tract arecomolete. This built..out status does not exemot
1"'"""\ the traqi owneres) from commitments aQplicable to the entire PUO.
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9/27/2011 Item 16.A.15.
.-.... II. Land Development Code (LDC) Section 4.02.03 Specific Standards for Location of
Accessory Buildings and Structures.
The proposed revision to this section will eliminate the confusion regarding the use of
personal storage containers, also known as PODS, on properties zoned Rural
Agricultural and Estates. Due to the need of many property owners to store their
agricultural and lawn maintenance equipment in a cost effective manner, there is a
greater need to provide a low cost alternative to constructing a storage shed on site. For
properties zoned residential as defined in the Land Development Code (LDC), these
containers shall continue to be treated as outlined in the October 2, 2003 memorandum
from the Zoning Director, that intended to prohibit PODS in residential zoning districts.
The purpose of this amendment is to allow the use and to provide
standards to ensure compatibility with the adjacent property owners.
Therefore, the criteria in this amendment would include:
· Containers should be limited to one and only on conformina lots of record with
the aim of preventina the over utilization of containers that could chanae the character
of these zonina districts.
· The maximum floor area of the container shall not exceed 400 sauare
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feet which will allow for a container that is (8'x10'x40') in size.
· In order to improve compatibility with the adiacent properties. these storaae
containers should be restricted to the rear yard only and reauired to meet the setbacks
for permanent structures.
III. Land Development Code (LDC) Section 4.06.03- Landscaping Requirements tor
Vehicular Use Areas and Rights-ot-Way.
The proposed revision to this section of the LDC will extend the time
period that property owners may have unoccupied property to one year,
before property owner's are required to bring the property up to current
code. This will provide businesses an extended opportunity to occupy a
vacant retail center without incurring possible extensive renovation costs.
Amend the LDC as follows:
The provisions of this section shall apply to all new off-street parking or other vehicle
use areas. Existing landscaping which does not comply with the provisions of this Code
shall be brought into conformity to the maximum extent possible when: the vehicular
use area is altered or expanded except for restriping of lots/drives, the building square
footage is changed, or the structure has been vacant for a period of eOdays 1 year or
more and a request for an occupational license to resume business is made.
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9/27/2011 Item 16.A.15.
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IV. Land Development Code (LDC) Section - 1.08.02 - Definitions
The proposed revision to this section will remove the limitation on the number of dogs in
all zoning districts.
Kenneling: An establishment licensed to operate a facility housing dogs, cats, or other
household pets or the keeping of more than d dogs, 6 months or older, on premises
used f.or residential purposes, or the keeping of more than 2 dogs on property used f.or
industrial or commercial seourity purposes.
Domestic Animal Services Department, as a result of this revision, may request an
amendment to the Domestic Animal Services Ordinance 2010-03.
V. Land Development Code (LDC) Ordinance 2009-19, an ordinance amending
previous Ordinance 2003-37 providing for revisions to the "Construction Standards
Handbook for Work within the Public Right-of-Way".
The proposed revision to this section will allow a property owner to plant
minimal vegetation enhancements in the Collier County Right-of-Way
without obtaining a Right-Of-Way Permit which the current ordinance does
not allow.
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A Riaht-of- Way Permit will not be reauired for individual veaetation in the Riaht-of- Way
adiacent to any residence/business provided that it does not hinder siaht distance. is not
a fixed obstacle. and/ or does not interfere with roadside drainaae and maintenance.
The followina specific criteria intended to protect public safety shall apply;
1) No veaetation shall exceed a maximum heiaht of thirty inches from natural
around level or exceed a base trunk size of 4 inches in diameter.
2) Permissive veaetation shall not interfere with roadside drainaae or hinder
the abilitv to maintain the roadway and drainaae facilities.
The owner may submit a Riaht-of- Way permit application for laraer veaetation which
demonstrates it will not neaatively affect safety. drainaae or maintenance.
All veaetation placed in the riaht of way by abuttina property owners within county
owned Riaht Of Way or Easement shall be maintained by the abuttina property owner at
their sole expense and risk. Should it become necessary for the County. it's aaents.
contractors or permittee to remove any veaetation within county owned Riaht Of
Way/Easements for whatever reason. owners will not be reimbursed for any costs
associated with said action unless specifically noted in an approved permit.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
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9/27/2011 Item 16.A.15.
.-.... GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
legally sufficient, and requires majority support for approval. Should this matter reach
the Board through the LDC process, 4 votes will be required for enactment. -JAK
RECOMMENDATION: That the Board approves a stay of enforcement for properties
that meet these provisions. The proposed revisions will proceed through the scheduled
Land Development Code (LDC) cycle and Ordinance amendment process for final
adoption.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement
Department, Growth Management Division, Planning and Regulation.
ATTACHMENTS: (1) LDC Amendment Request for PODS
(2) Memorandum October 2, 2003
(3) Memorandum August 27, 2009
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9/27/2011 Item 16.A.15.
COLLIER COUNTY
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Board of County Commissioners
Item Number: 16.A.15.
Item Summary: Recommendation to direct the County Manager or his designee to
amend the Collier County Land Development Code (LDC) and Right-of-Way Ordinance in
regards to storage containers, Planned Unit Development (PUD) Annual Monitoring Reports,
specific standards for the location of accessory buildings and structure provisions to include
Personal Storage Containers (PODS), number of dogs allowed in residential districts, and
exceptions to a Right-of-Way (ROW) permit meeting specific criteria.
Meeting Date: 9/27/2011
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations, Code Enforce
9/15/2011 3:49:00 PM
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Approved By
Name: FlaggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 9/15120115:31:19PM
Name: BeardLaurie
Titl e:Planner, Transportation Planning
Date: 9/16/2011 7:06:56 AM
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 9/19/2011 9:41:58 AM
Name: TownsendAmanda
Title: Director - Domestic Animal Services,Domestic Anima
Date: 9/19/2011 10:11:18 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services, Comprehensive
Date: 9/19/2011 11:06:11 AM
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9/27/2011 Item 16.A.15.
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Name: VlietJohn
Title: Director - Road Maintenance,Transportation Enginee
Date: 9/19/201111:45:09 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 9/19/2011 12:57:51 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/19/2011 4:10:25 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 9/19/2011 4:10:52 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/20/2011 9:55:40 AM
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Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/20/201110:12:27 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/20/2011 10:17:33 AM
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9/27/2011 Item 16.A.15.
eolMr County
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Department of Land Development Services
Growth Management Division, Planning & Regulation
STAFF CLARIFICATION: SC-2011-03
DATE: August 19, 2011
LDC SECTIONS: 4.02.03 Specific Standards for Location of Accessory Buildings and Structures to
include Personal Storage Containers (PODS) on Agricultural and Estate Zoned Properties
INITIATED BY: Staff
BACKGROUND/CONSIDERATION: It has been brought to my attention by the Code Enforcement
Director that there is still some confusion regarding the use of personal storage containers, also known as
PODS, on properties zoned Rural Agricultural and Estates as an alternative to a permitted storage building
or shed. For properties zoned residential as defined in the Land Development Code (LDC), these containers
shall continue to be treated as outlined in the October 2, 2003 memorandum from the Zoning Director.
Due to the need to store agricultural and lawn maintenance equipment necessary to conduct the permitted
and accessory agricultural uses allowed in the Rural Agricultural and Estate Zoning Districts, there is a
greater need to provide a low cost alternative to constructing a storage shed. However, Personal Storage ,.-..
Containers should be limited to one container and located only on conforming lots of record with the aim of
preventing the use of the containers from changing the character of these zoning districts. Furthermore, in
order to improve compatibility with the adjacent properties, these storage containers should be restricted to
the rear yard and shall meet the required setbacks for permanent structures.
DETERMINATION (CLARIFICATION): One (1) storage container may be used on a Rural
Agricultural or Estate Zoned lots in conjunction with a residential use or with a bona fide agricultural use
subject to the following:
· All lots shall be legal conforming lots of record and meet the minimum lot area and lot width
requirements.
· The maximum floor area of the container shall not exceed 400 square feet which will allow for a
container that is (8'xl0'x40') in size.
· The container shall be placed in the rear yard and meet the required setbacks for a permanent
structure.
AUTHOR:
Raymond Bellows, Planning Manager, Zoning Services Section
Department of Land Development Services
cc:
Zoning Services Section Staff
William Lorenz, P.E., Land Development Services Director
Diane Flagg, Code Enforcement Director
Heidi Ashton-Cicko, Assistant County Attorney
Mike Sawyer, Project Manager, Zoning Services Section
Zoning Clarification File
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SC-2011-03 - Personal Storage Containers
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23934831~ 9/27/2011 Item 16.A.15.
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MEMORANDUM
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Co~ ~ d En'P;,.o;,1If41I:ttJl Services DWision
Plarming ~ DepIll"ttMnt . C",.re/t:l Pltuuting S<<{ion
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To; P18IDling Department, Building Department & Code Enforcement Staff
TfD"ougb: Ed Perico. Director, Building Review & Pennitting; Michelle Arnold, Director,
Code Enforcement
From: Susan Murray, AICP~ Current Plancing Manager
Date: 2 October 2003
Subject: Industrial Storage Containers, (ISO Shipping Containers)
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ISO (IntemaDonaI Standards Organization) shipping containers, more commonly caned
industria1 storage contaim::rs. are being used for storage in a v4ricty oflocations. some legaUy,
some not. Since these containers are not st:ructures as such, and do not require building
permits, there are technically no circumstances under which they cat1 be peII1litted on a
pennan.ent basis; however, their use for an extended period will be allowed under certain
cireumstances, This memo describes those circumstances.
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One (1) storage conuriner may be used on a nDn-residential site in coryunclion with a
Temporary Use Permit for a sales event, fOf a maximum of28 days each year. The location
of the container will be such that it does not interfere with req~ parking, landscapin&. sitt
cirouIation or fire appa:ratus access, subject to the current procedwes uSed to review temporary
use pe:mU.ts. Otherwise. conta:i.ners used for temporary storage on commel'Citz! or industrial
site$ must be located within a bu.Uding or within an approved, enclosed outdoor ~orage area,
so long as the property is located in a .zoning district where such use is pemritted (C-4, CS,
!ndustrlal, and commercialrmdustrial tracts of cenainPtIDs). An appropriate site plan
showing the location oftbe containers must be provided.. The nature. of the site plan (SDP.
SIP, CODceptual plan) will be cletetmined ata pre-appIica.tion meeting, and will be based on
various factors including the ZODingandnumber of containers involved.
Containers used on a CDlIStruc:tion site in crnifunction with an appro-ved building permit
and/or development order may be located on the site until a certificate of
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23934a3198 9/27/2011 Item 16.A.15.
~/completion for the work has been issued. or the bui1clini permit has expired. The
container must be removed within 14 days of the telrNant date.
Containers U$CC1 in conjunction with It b071aflde agrlcultllraJ lISt! in rheA (Agricultural)
zoning dtstrict may be located on propertY eonsistiDa; of at least 5 acres, so long as these
containers meet the ~ setbacks for pemiaD.CDt st:ructareS and do not encroach into any
road. right-of-way or easement. Containers may not be placed on property in 8I1Y residential
district. as descn'bed in LDC See. 2.1.14.2, at in the E (Estates) district unless they are to be
used on ~ coDStruction site as described above, since placement of industrial storage
containers does not constitute a uSe "aQCeSSOIY and incidental" to permitted uses in these
districts.
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9/27/2011 Item 16.A.15.
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MEMORANDUM
Community Development & Environmental Services Division
Department of Zoning & Land Development Review
To:
Zoning Staff
From:
Susan M. Istenes, AICP, Director
Department of Zoning and Land Development Review
Date:
August 27, 2009
Subject:
Update to March 12, 1997 memo regarding kenneling in Estates Zoning and
further explaining regulations pertaining to commercial facilities and animals in
the Agricultural and Estates zoning districts
As a result of several recent inquires and staff requests for interpretations on the subject of the
keeping of animals (including kenneling), the above referenced memo has been re- evaluated.
~ This memo supersedes the March 12, 1997 memo and updates the Zoning interpretations
regarding kenneling in the Estates. This memo further expands into an explanation of
regulations pertaining to land uses involving animals including breeding, raising, training,
stabling and kenneling and provides guidance to staff when evaluating these types of land uses.
"Kenneling" is currently defined in the Land Development Code (LDC) as an establishment
licensed to operate a facility housing dogs, cats, or other household pets or the keeping of more
than 3 dogs, 6 months or older, on premises used for residential pwposes, or the keeping of
more than 2 dogs on property used for industrial or commercial security pUlposes.
The 1997 memo discusses the limitation on animals (specifically dogs) in the Estates zoning
district and attempts to regulate through the text of the definition of Kenneling. Neither the term
"Kenneling" nor the SIC Code for Kenneling is listed as a permitted or conditional use in the
Estates district. Kenneling is identified as a permitted use in the Rural Agricultural district,
under the grouping "Agricultural Activities" where it is allowable on parcels 20 acres in size or
greater (meaning if applying the 1997 memo, only properties in the Agricultural zoning district
that are 20 acres or greater in size, could house 3 or more dogs greater than 6 months of age) and
as a conditional use on parcels less than 20 acres.
At issue is the 1997 interpretation of the phraseology "on premises used for residential
purposes." It is my opinion that the statement "on premises used for residential purposes" could
be applicable in any zoning district (Agricultural, Estates, non-conforming use situations in
.-.... commercial districts, etc.). It is a statement regarding use of the land without reference to a
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9/27/2011 Item 16.A.15.
zoning classification. Regulating in this manner creates conflicts between the definition and the
zoning regulations. For example, in an Agricultural zoning district one could use a parcel of land.-....
(any size) primarily for residential purposes and not be in violation of the provisions of the
Agricultural zoning district. However, in either case if one applies the 1997 memo, the use of the
land for residential purposes would preclude you from having more than 3 dogs on site, although
the Agricultural district standards would allow it (see section 2.03.01.A.1.a.2.i.); this is clearly a
conflict. Since 2004, the County has attempted to cease regulating through defmitions.
The use of land is governed by the provisions of the Zoning districts. Within the LDC, Zoning
districts are grouped into various categories, including residential and agricultural categories (see
section 2.02.02). The conclusions reached in the 1997 memo are inconsistent with these
groupings and as noted above are specifically in conflict with the Agricultural zoning district
standards. The Estates and Agricultural zoning districts are grouped together and defined as
Agricultural districts; not Residential districts despite the fact that both districts allow residential
uses. As noted above, developed properties in the Agricultural zoning district that are used
primarily for residential purposes, clearly creates conflict between the list of permitted uses in the
Agricultural zoning district allowing Kennels, and the .1997 memo.
In conclusion, the 1997 memo is not applicable to the Agricultural or Estates zoning districts;
both of these districts are classified by the LDC as Agricultural, not residential. The residential
standard and limitation contained in the definition is only applicable if the animals are
specifically located on property in a residential zoning district as defmed by Section 2.02.02. B.
of the LDC. In this case they are limited to no more than 3 per site, if they are 6 months or older.
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Furthermore, upon review and analysis of the LDC and SIC code books, the term "Kenneling"
and its reference in the LDC, specifically within the Agricultural zoning district, is not, in my
opinion, intended to address the keeping of dogs for personal use. Kenneling is clearly grouped
with production and service type of land uses in Agricultural zoning, including animal breeding,
raising, training and stabling as noted by the reference to a licensed establishment and its
grouping with other production/service uses. Although animals may be kept or kenneled in a
kennel structure on site, this does not mean that a use housing dogs in kennels is considered a
commercial kennel operation. Kenneling is also often a component of Veterinary services and is
also listed as a separate use (0752) Animal Specialty Services, except Veterinary, which is
allowable in the C-3, C-4 and C-5 (commercial) zoning districts, and in the Agricultural zoning
district as a conditional use. Therefore, a property owner housing more than 3 dogs for personal
use in the Estates and Agricultural zoning designations is not necessarily operating a
(commercial) kennel.
Regarding other animals, and for purposes of applying the Code provisions regarding breeding,
raising, training, stabling and kenneling of animals, please use the following as a reference in
conjunction with the use classification of the zoning district. Generally speaking in the Estates
and Agricultural districts, animals kept on site for personal use are permissible; animals housed
in exchange for services or payment where patrons and/or employees are regularly visiting the
site (e.g. have a commercial component associated with their use) are more than likely
commercial breeding, training or boarding services and are not permissible in the Estates but are
permissible in the Agricultural zoning districts on properties 20 acres or more, or as a .-...
Conditional Use on properties less than 20 acres in area.
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For purposes of deciding whether or not a situation involving animals is considered a commercial
breeding, training, boarding, kennel or other service type of establishment and for purposes of
identifying whether or not the use is permitted in the Agricultural or Estates zoning districts, use
the following broad descriptions as a general guide in your decision making process. This is not
intended to be an all inclusive list. Asses the facts associated with the situation by first deciding
which broad category the situations falls into and then review the LDC for further guidance. If
you have a unique situation that does not easily fit into these categories please contact me for
further review and interpretation. This list does not to preclude the regulations pertaining to the
very specific numerical restrictions on the number of fowl, horses and livestock or restrictions on
hogs and reptiles in the LDC or any other County, State or Federal permitting requirements.
Permissible in Ag and Estates:
Personal ownership for pet
Personal ownership for show including training
Personal ownership for breeding primarily for one's self
Personal ownership for stock handling purposes
Animals kept for service training or work in personal homes (no commercial activity on site)
Animals kept to provide services off-site (police, rescue, handicap service, etc)
Temporary housing for rescue animals (those actively seeking permanent homes for animals)
Permanent housing for rescue animals (no storefronts, tours, events, exhibits, etc. on site)
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Permissible in AI;! on parcels 20 acres or greater:
Commercial animal breeding establishments (breeding for sale, profit or exchange of services)
Animal Grooming facilities offering services to patrons
Animal Boarding facilities offering services to patrons
Animal Training facilities offering services to patrons
Conditional Use in Ag:
Veterinary service facilities (clinics) without Boarding or animal housing
Veterinary service facilities (clinics) with Boarding or animal housing
Animals associated with Cultural, ecological or recreational facilities including wildlife/plant
conservancies that include tours or commercial related activities on site( eco-tourism, agri-
tourism, tour operations, animals as props, etc.)
Commercial animal breeding/production establishments on less than 20 acres (breeding for sale,
profit or exchange of service)
Commercial animal breeding/production of exotic animals (non-agricultural)
Permissible in Ag only
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Wildlife management, plant and wildlife conservancies, wildlife refuges and sanctuaries (private
for personal use)
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CC: Joseph K. Schmitt, CDES Administrator
Robert Dunn, Director, Building Department
Diane Flagg, Director, Code Enforcement Department
Ray Bellows, Manager, Zoning Department
Michael Sawyer, Manager, Zoning Department
Amanda Townsend, Director, DAS (9/30/09)
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