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MEMORANDUM
ikRive rTO: Planning Commission
FROM: Scott Harlicker, Planning Assistant,
is A
DATE: September 24, 1996
SUBJECT: Request for Ordinance Amendment
Regarding Definitions for Commercial
and Private Kennels, Public Hearing
Case No. OA 96-13
Issue
Consider a request by the City of Elk River to amend Section 900.08 and Section
900.12 relating to definitions and allowed uses to include definitions for
commercial kennel and private kennel, and include commercial and private
kennels as an allowed use in the Al and Rla zones.
• Attachment
• Ordinance 96-
Background
The City of Elk River currently requires a kennel permit and a conditional use
permit for kennels; there is no differentiation between a commercial kennel and
someone who is constructing a kennel for their personal pets. There is also some
discrepancy between the definition of kennel for licensing purposes and the
definition used for zoning purposes. The definition used to define a kennel for
the kennel permit, "a place where more than three (3) dogs of over six (6)
months of age are kept for the purposes of breeding, sale or boarding", is
different from the one used to define a kennel for zoning purposes "any
premises where three (3) or more domestic animals over six (6) months of age
are boarded, bred or trained for compensation or are offered for sale, except for
an animal hospital, pet shop or veterinary clinic". The definition used for the
kennel permit includes all kennels, both private and commercial; whereas, the
zoning definition refers to kennels operated for compensation or sale. This
ordinance is an attempt to clarify these descriptions.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Planning Commission Page 2
September 24, 1996
Overview
• Related Information
The City Council is currently considering amending Section 502 of the City
Ordinance entitled "Dogs, Cats and Other Animals". As part of this amendment
there will be a new definition for commercial kennel and private kennel.
Commercial kennel is proposed to be defined as follows:
• "any premised where more than 3 animals over 6 months of age are boarded,
trained or bred for compensation or are offered for sale, except for an animal
hospital, veterinary clinic or pet shop."
Private kennel is proposed to be defined as follows:
• "any premise where more than 3 dogs or 3 cats over the age of 6 months; or
more than 10 cats over the age of 6 months if located on a premise of 10 acres
or more as long as long as they have been spayed or neutered; are harbored
or kept except for a commercial kennel."
The city currently requires a license for all kennels. It is important that kennels,
both private and commercial, be licensed. This provides the city with a means to
make sure that the animals are being kept under clean and healthful conditions
• and provides an inventory for public health purposes. This license is
administered by the City Clerks office and is approved by the City Council.
Zoning and Land Use Issues
Currently kennels are allowed as a conditional use in the Al and Rla districts.
Kennels are not allowed in any other districts. The proposed ordinance will not
change this; commercial kennels would still be allowed as a conditional use in
the Al and Rla districts. Private kennels would be allowed as an accessory use
in the Al district and in the Rla district as a conditional use.
For zoning purposes, a distinction should be made between a commercial kennel
and a private kennel. A private kennel for pets does not have the impact on the
neighborhood that a commercial kennel would have. Issues that have to be
addressed with commercial kennels, that are not issues with personal kennels,
include increase in traffic to the neighborhood, access to the property and
providing on site parking. These issues can be addressed during the CUP
process.
Noise can be an issue that is common to both types of kennels. Because dogs in
private kennels are pets and are in familiar surroundings, noise is less likely to
• become a problem with private kennels than with commercial kennels.
Interaction between animals that are in unfamiliar surroundings, such as those
Memo to Planning Commission Page 3
September 24, 1996
in a commercial kennel, is more likely to become a problem. But, even with
• private kennels noise can become a problem especially on the smaller residential
lots. It is for this reason that staff is suggesting that in the residential zones,
private kennels be limited to the Rla district as a conditional use.
Suggested Changes
Kennels are currently specifically listed in the zoning code as a conditional use
in the Al (Agricultural Conservation) and Rla (Single Family Residential)
districts. They are not permitted in any other zoning districts.
In order to clear up the some of the confusion surrounding kennels, staff is
offering the following suggestions:
1. incorporate the definitions of commercial and private kennels found in
Section 502 of the City Ordinance into the definition section of the zoning
code
2. allowing commercial kennels as a conditional use in the Al and Rla zones
3. allowing private kennels as accessory uses in the Al district and as a
conditional use Rla district
• Recommendation
It is recommended that the Planning Commission recommend approval of the
attached ordinance 96- amending the definition section of the zoning code to
include definitions for commercial and private kennels and allowing commercial
kennels as a conditional use in the Al and Rla zones and private kennels as an
accessory use in the Al and as a conditional use R1 district.
•
ORDINANCE 96-
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTIONS 900.08 AND 900.12 OF THE
CITY OF ELK RIVER CODES OF ORDINANCE RELATING TO
DEFINITIONS AND CONDITIONAL USES IN THE Al AND R1 ZONING
DISTRICTS
CASE NO. OA 96-13
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.08 of the City of Elk River Code of Ordinance titled,
"Definitions" is hereby amended by deleting the definition of Kennel.
Section 2. Section 900.08 of the City of Elk River Code of Ordinance titled,
"Definitions" is hereby amended by adding the following 2 definitions:
Kennel, Commercial: Any premised where more than 3 animals over 6
months of age are boarded, trained or bred for compensation or are offered
for sale, except for an animal hospital, veterinary clinic or pet shop.
• Kennel, Private: any premise where more than 3 dogs or 3 cats over the
age of 6 months; or more than 10 cats over the age of 6 months if located
on a premise of 10 acres or more as long as long as they have been spayed
or neutered; are harbored or kept except for a commercial kennel
Section 3. Sections 900.12 (4) of the City of Elk River Code of Ordinance titled
"Permitted, Accessory, and Conditional Uses" is hereby amended to add the
following accessory use:
4. Al Agricultural Conservation District
B. Accessory Uses
v. Private kennels
Section 4. Sections 900.12 (4) and 900.12 (5) of the City of Elk River Code of
Ordinance titled "Permitted, Accessory, and Conditional Uses" is hereby
amended to add the following conditional use:
4. Al Agricultural Conservation District
C. Conditional Uses
vii. Veterinary clinics and commercial kennels
• 5. R1 Single Family Residential District
C. Conditional Uses
xii. Commercial kennels in Ma
• xiii. Private kennels in Ma
Section 5. That this Ordinance shall take effect and be in full force from and after
the date of its publication.
Passed and adopted this day of ,1996, by the City Council of the
City of Elk River.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
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