Purcellville board upholds zoning administrator's kennel ruling, limits homeowner to five adult dogs

The Purcellville Board of Zoning Appeals voted to affirm the zoning administrator's determination in zoning violation ZV-26-01, finding that the residence at issue meets the ordinance's definition of a "kennel" and is not a permitted use in the R-2 zoning district. "I would move that the Board of Zoning Appeals affirm the determination rendered by the zoning administrator concerning zoning violation ZV-26-01," a board member stated as the motion on the record.

Board members made the motion, the motion was seconded, and the motion carried by voice vote. The motion as presented required that the appellant may keep no more than five adult dogs at his residence to satisfy the ordinance. The vote was taken by voice; no roll-call tally was recorded in the hearing transcript.

The decision came after extended public comment and a detailed legal presentation by the appellant, who argued the ordinance should be read to exclude residential rescue activity absent commercial elements. The board, however, concluded it was bound to apply the plain language of the ordinance as written and affirmed the zoning administrator's reading that any place where more than five adult dogs are kept can constitute a kennel under the code.

Neighbors had urged enforcement, describing noise and safety concerns; one neighbor told the board, "There's no peace. It's not safe." The board's action resolves the pending appeal in favor of the zoning administrator and establishes the five-adult-dog limit in this case; the motion did not specify additional enforcement steps beyond the formal determination recorded in the motion.