The Town of Wheatfield desires to set out fair
and comprehensive rules and regulations governing kennels and animal
boarding. This article is intended to preserve the residential character
of the Town and minimize conflicts of noise, odor and health hazards
created by the raising and boarding of animals.
As used in this article, the following terms
shall have the meanings indicated:
ANIMAL BOARDING
Six or more dogs over the age of four months or eight cats
over the age of four months kept in a single location where they are
boarded for compensation. Allowed in A-R, R-R, C-1, M-1 and M-2 Zoning
Districts with an approved special permit.
EXOTIC PETS
Intriguingly unusual, nonindigenous animals so different
as to be excitingly odd and which are considered "nontraditional"
pets. (Any pet that is not a dog, cat, fish, horse, rabbit, guinea
pig or other commonly domesticated animal.)
GROOMING ESTABLISHMENT
A place where care and service are provided to the exterior
of an animal to change its looks or improve its comfort, but shall
not mean the treatment of physical disease or deformities. Allowed
in A-R, R-R, C-1, M-1 and M-2 Zoning Districts with an approved special
permit.
KENNEL
A facility where dogs or cats are bred and/or raised on a
commercial scale for sale as pets, used for hunting, showing, training,
field trials or groomed for compensation and exhibition purposes.
Allowed in A-R, R-R, C-1, M-1 and M-2 Zoning Districts with an approved
special permit.
All kennels shall be subject to the following
regulations:
A. Kennels shall be limited to the raising, breeding,
boarding and grooming of such dogs and cats.
B. The minimum lot size for kennels shall be two acres.
C. Dogs kept on the premises will not equal more than
15 per acre of land.
D. Cats kept on the premises will not equal more than
25 per acre of land.
E. All runs shall be hard-surfaced, compacted fine stone
or grassed with drains provided every 10 feet and connected to an
approved sanitary facility.
F. No building, other structure or outside dog runs shall
be located within 150 feet of an adjacent residential use.
G. If the keeping of such pets becomes a nuisance and
outside the general intent of a residential district, the Town Board
may require facilities to adequately control and prevent further nuisance.
H. Dog runs shall not be used between the hours of 8:00
p.m. and 8:00 a.m.
I. The adequacy of the site and buildings to accommodate
the animals in question shall meet minimum standards of New York State's
Department of Agriculture and Markets for kenneling, boarding and
keeping of animals.
J. The public health, safety and general welfare concerns
posed by the animals in question require all New York State standards
be met.
K. Animals may be removed from the kennel site if conditions
are found to be in violation of local, state or federal animal care
laws and regulations.
L. Kennels shall require a special use permit and follow
the requirements of the Town's Special Use Permit Law.
Approval of the special use permit may be issued
for an initial period of one year. After the initial year, the permit
may be reissued for three-year periods, given there are no grievances
of code violations connected to the subject property or use. In cases
where complaints from neighbors have been received or where there
has been a change in the conditions or violations, a review hearing
will be held by and recommendation regarding the site plan will be
required from the Planning Board.