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19991012 1999-23ORDINANCE NO. 1999-23 AN ORDINANCE TO AMEND THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, CHAPTER 26, ARTICLE I, SECTION 26-4, DEFINITIONS, TO AMEND THE DEFINITION OF KENNEL WHEREAS, there should be a distinction in the zoning ordinance between kennels mn for compensation and kennels that, by definition, exist by virtue of dogs being harbored in a single residence; WHEREAS there is a relationship between numbers of dogs kept at a residence, lot size, and appropriate regulation to ensure compatible uses in residential areas; and WHEREAS, it is important to ensure that the keeping of dogs be permitted as an accessory use in residential areas under appropriate conditions to ensure that there will be no negative impact on the character of neighborhoods; NOW, THEREFORE, BE IT ORDAINED that Article I, Section 26-4 (Definitions) of Chapter 26 (Zoning) of the Code of the City of Fairfax, Virginia be amended to change the definition of kennel to read in its entirety as follows: Kennel: Any place in or at which dogs are kept under one or more of the following conditions: 1. More than the following number of dogs of more than four (4) months of age based on minimum lot size: 1 to 2 dogs 3 dogs 4 dogs No minimum lot size requirement 7,500 square feet minimum lot size 12,500 square feet minimum lot size OR 2. Any number of dogs that are kept for the purpose of sale or in connection with the boarding, care, training, breeding, or selling, for which any fee is charged. 3. In no case shall more than four (4) dogs be kept on any residential lot in the City. Notwithstanding the foregoing, a place in a residential zoning district in which greater numbers of dogs are kept shall not be deemed to be a kennel if the City issued dog licenses for such dogs on or before October 12, 1999 to the owner or tenant of the property where such dogs are kept. The ordinance shall become effective as provided by law. 1999-23 -2 Planning Commission Hearing: City Council Hearing: Adopted: July 26, 1999 July 27, 1999 and October 12, 1999 October 12, 1999 Mayor Date ATTEST: {0[3 C~'k The vote to adopt was 5-1, recorded as follows: Vote: Councilman Coughlan Yes Councilman Greenfield Yes Councilman Lederer Yes Councilman Petersen No Councilman Rasmussen Yes Councilman Silverthome Yes