July 9, 2007

Mr. Ivan Schmucker, Jr.
1398 Byrnes Chapel Rd.
Bland, VA 24315

RE: CONDITIONAL USE PERMIT – DOGWOOD KENNELS

Dear Mr. Schmucker,

Please accept this letter as official confirmation that your request for a Conditional Use Permit to operate a Kennel upon your property, 1398 Byrnes Chapel Road; Bland, VA; TAX MAP NO.: 70-A-47 & 47C, was approved by the Bland County Board of Supervisors on June 26th, 2007, concluding a public hearing, with the following sixteen (16) conditions to be imposed:

1. To open the facility and all applicable records for unannounced inspections from the Bland County Animal Control Officer, Building Official, and Zoning Administrator.

2. To establish a comprehensive evacuation plan for the safety of both personnel and the animals that will be harbored.

3. To thoroughly equip all permanent facilities used to house or harbor canines with operational smoke detector(s), carbon monoxide detector(s), fire extinguisher(s), and sprinkler system.

4. One, or any combination of one or more of the following approved options shall be utilized to handle all feces generated from this operation: Feces generated by the dogs in association with this kennel operation shall be gathered, acceptably composted, and remanded upon the owner’s property. (The placement of theses feces are not to encroach upon any neighboring properties by way of erosion or runoff, nor is the placement of these feces to cause quantifiable harm to any neighboring property owner); and/or Feces generated by the dogs in association with this kennel operation shall be double bagged, collected by a commercial waste removal company, and hauled to the regional transfer station for disposal; and/or Feces generated by the dogs in association with this kennel operation shall be placed into an approved, on-site septic system.

5. Adequate supervision and monitoring of the site must be continuously maintained. This may be accomplished by someone living on the site and/or through remote electronic monitoring which, at a minimum, means monitoring for power outages, fire, and temperature.

6. Square footage standards are to exceed USDA requirements for confinement.
In addition, access to either an outdoor or indoor exercise area must be afforded to all dogs housed in association with this operation.

7. No dogs shall be debarked.

8. The number of adult dogs permitted onsite shall not exceed 250. An adult dog is defined as four (4) months of age or older.

9. Deceased dogs must be interned in accordance with the Code of Virginia.

10. The owner of the dog breeding facility at this site must be in compliance with all federal, state, and county statutes related to the operations of this dog breeding facility. If at any time the owner of this dog breeding facility is convicted of any violation of such statutes, the Bland County Board of Supervisors shall hold a hearing to consider the revocation of the Conditional Use Permit, at which time the owner shall be allowed to be heard on the issue.

11. That adequate, preventative and reactive veterinary care is rendered, documented, and reviewable by the Bland County Animal Control Officer or other applicable agents representing the County of Bland.

12. That clean and potable water, free of contaminants, be continuously provided to all animals associated with this operation.

13. The USDA kennel licensure must be maintained at all times. This certification may assist the County in monitoring the conditions of the kennel and the care of the animals housed therein.

14. The Conditional Use Permit is non-transferable without the prior approval of the Bland County Board of Supervisors.

15. All dogs shall have access to a climate controlled facility within 120 days of the issuance of this Conditional Use Permit.

16. The breeding of dogs for profit associated with this operation shall not begin prior to 18 months (one and a half (1 ½) years) of age or without a good bill of health issued by a licensed veterinarian. Nor shall breeding continue past eight (8) years of age, or when breeding has been recommended to be discontinued for any reason(s) from a licensed veterinarian.

The CUP application was approved unanimously with the following votes tendered:

John C. Thompson………………Yes
Karen H. Hodock………………..Yes
Jason R. Ramsey………………...Yes
Henry M. Blessing………………Yes

Please feel free to contact me with any questions you may have regarding this matter. Thank you.

Sincerely,

Jonathan D. Sweet
Zoning Administrator