# The nightmare next door **URL:** \ **Category:** In My Humble Opinion\ **Created:** [August 8, 2012, 2:28am UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817 "2012-08-08T02:28:48Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![gaffa](https://avatars.discourse-cdn.com/v4/letter/g/e68b1a/32.png) [@gaffa](https://boards.straightdope.com/u/gaffa)\ **Post date:** [August 8, 2012, 2:28am UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/1 "2012-08-08T02:28:48Z")
My brother has put every last dime into renovating a pair of duplex homes in Kansas City, Missouri. He has made them into really nice rental units. This is not the usual flipper behavior of slapping on some paint, but gut rehabbing the kitchen and bathroom, completely re-wiring the buildings, new plumbing, heating and air conditioning, washer and dryer upstairs, heated tile floor…the works. For years, we had a commercial property next door that manufactured medical valves. Light manufacturing, and never heard a peep out of them. Great neighbors. They moved out to the burbs, and the building sat empty for two years. And a nightmare in moving in. A dog kennel. The parking lot is between my brother’s building and their building. And [they have erected fences for dog runs](http://img443.imageshack.us/img443/1408/fromfrontofhouse.jpg). They are putting the dumpster, which will presumably be full of dog shit, [right by my brother’s unit’s driveway](http://img193.imageshack.us/img193/2406/dumpsterframe.jpg)! I have called the city, and they confirmed that there were no building permits issued. They are doing this on the cheap, to [judge from the amateurish quality](http://img268.imageshack.us/img268/5638/pooptrench1.jpg) of the work. They [cut a poop trench in the parking lot](http://img834.imageshack.us/img834/340/pooptrench2.jpg), intending to wash the dog shit and pee into the storm drains! Just this evening, they put up very bright lights, shining right into the bedroom windows of the unit! What to do? How can we stop this nightmare, that will destroy my brother’s apartment rentals value? ---
**Author:** ![Johnny\_Bravo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_bravo/32/493_2.png) [@Johnny\_Bravo](https://boards.straightdope.com/u/Johnny_Bravo)\ **Post date:** [August 8, 2012, 3:02am UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/2 "2012-08-08T03:02:34Z")
First thing to do is look into zoning for the area. In some states, kennels have to be zoned for agriculture. If the kennel needs to get a zoning variance, you can fight them on it at the county level. I guess you could also look into laws about disposal of feces within a certain distance from a residential area? ---
**Author:** ![gaffa](https://avatars.discourse-cdn.com/v4/letter/g/e68b1a/32.png) [@gaffa](https://boards.straightdope.com/u/gaffa)\ **Post date:** [August 8, 2012, 3:27am UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/3 "2012-08-08T03:27:18Z")
> [@Johnny\_Bravo](#): > > First thing to do is look into zoning for the area. In some states, kennels have to be zoned for agriculture. If the kennel needs to get a zoning variance, you can fight them on it at the county level. It’s zoned M1, or [“Light Industrial”](http://www.kcmo.org/CKCMO/Depts/CityPlanningandDevelopment/DevelopmentManagement/ZoningDistricts/index.htm) > [@](#): > > I guess you could also look into laws about disposal of feces within a certain distance from a residential area? That is the issue the City officials seemed to get excited about, washing dog shit into the storm drain system, which goes untreated into the Missouri River. ---
**Author:** ![Johnny\_Bravo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_bravo/32/493_2.png) [@Johnny\_Bravo](https://boards.straightdope.com/u/Johnny_Bravo)\ **Post date:** [August 8, 2012, 3:36am UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/4 "2012-08-08T03:36:51Z")
I can’t find what type of zoning a kennel needs in Kansas city, but I did find [this](http://kcmo.org/idc/groups/cityplanningdevelopmentdiv/documents/cityplanninganddevelopment/100394_cs.pdf). 88-315 ANIMAL SERVICE 88-315-01 STANDARDS The use standards of this section apply to animal service uses: 88-315-01-A. All animal shelter or boarding must be within a completely enclosed soundproofed and air-conditioned building. 88-315-01-B. In District R-80, shelter and boarding kennels shall be located not less than 200 feet from any property line. 88-315-01-C. Domestic animals may be exercised in a designated and fenced area outside the building with an attendant present. 88-315-01-D. All outdoor runs or exercise areas must be hard surfaced or grass. 88-315-01-E. A landscaping, screening, and fencing plan to shield the use from adjoining properties and/or public right-of-way must be submitted for approval. 88-315-02 NOISE LIMITS There may be no noise disturbance across property lines into any residential district exceeding 60 dB(A) between the hours of 7 a.m. and 10 p.m. and 55 dB(A) between the hours of 10 p.m. and 7 a.m. ---
**Author:** ![gaffa](https://avatars.discourse-cdn.com/v4/letter/g/e68b1a/32.png) [@gaffa](https://boards.straightdope.com/u/gaffa)\ **Post date:** [August 8, 2012, 3:42am UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/5 "2012-08-08T03:42:37Z")
I’ve [looked up the zoning](http://library.municode.com/HTML/10156/level2/PTIICOOR_CH80ZO.html#PTIICOOR_CH80ZO_S80-180DILIIN). It says kennels are permitted: > [@](#): > > _Kennels provided that all buildings and pens shall be located not less than 200 feet from any residentially zoned district._ My brother’s buildings are [zoned R2.5](http://library.municode.com/HTML/10156/level2/PTIICOOR_CH80ZO.html#PTIICOOR_CH80ZO_S80-60DI-TMIDW). ---
**Author:** ![Johnny\_Bravo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_bravo/32/493_2.png) [@Johnny\_Bravo](https://boards.straightdope.com/u/Johnny_Bravo)\ **Post date:** [August 8, 2012, 3:43am UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/6 "2012-08-08T03:43:47Z")
So are the pens located 200 feet away from your brother’s property line? ---
**Author:** ![gaffa](https://avatars.discourse-cdn.com/v4/letter/g/e68b1a/32.png) [@gaffa](https://boards.straightdope.com/u/gaffa)\ **Post date:** [August 8, 2012, 3:50am UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/7 "2012-08-08T03:50:47Z")
OK, so they are much closer than 200 feet from my brother’s property line. Closer to 2 feet. They obviously have not submitted the fence plans for approval, given that they haven’t even applied for a building permit in the first place. ---
**Author:** ![gaffa](https://avatars.discourse-cdn.com/v4/letter/g/e68b1a/32.png) [@gaffa](https://boards.straightdope.com/u/gaffa)\ **Post date:** [August 8, 2012, 3:56am UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/8 "2012-08-08T03:56:18Z")
> [@Johnny\_Bravo](#): > > So are the pens located 200 feet away from your brother’s property line? In [this picture](http://img443.imageshack.us/img443/1408/fromfrontofhouse.jpg), the raised bit of concrete is my brother’s property line. That’s his driveway. ---
**Author:** ![Johnny\_Bravo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_bravo/32/493_2.png) [@Johnny\_Bravo](https://boards.straightdope.com/u/Johnny_Bravo)\ **Post date:** [August 8, 2012, 4:01am UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/9 "2012-08-08T04:01:22Z")
I also found [this](http://www.kcmo.org/idc/groups/neighborhood/documents/neighborhoodcommunityservices/animalcontrolcommercepermit.pdf). It’s the application for the kennel permit. #11 says that they have to provide documentation that all zoning laws with be conformed to. Maybe a trip down to the animal control office is in order. ---
**Author:** ![Twoflower](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/twoflower/32/22_2.png) [@Twoflower](https://boards.straightdope.com/u/Twoflower)\ **Post date:** [August 8, 2012, 4:05am UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/10 "2012-08-08T04:05:37Z")
[Kansas City code enforcement](http://www.kcmo.org/CKCMO/Depts/NeighborhoodAndCommunityServices/Preservation/Process/index.htm) ---
**Author:** ![Rachellelogram](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rachellelogram/32/8689_2.png) [@Rachellelogram](https://boards.straightdope.com/u/Rachellelogram)\ **Post date:** [August 8, 2012, 4:53pm UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/11 "2012-08-08T16:53:43Z")
Oh man, that company is \*so \*effed in the a. Post back with the results! It sounds like what they’re doing is a code violation (several, actually), which (given that they haven’t moved in yet) means you could get them shut down before this becomes more than an eyesore. Let’s hope! ---
**Author:** ![Ludovic](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@Ludovic](https://boards.straightdope.com/u/Ludovic)\ **Post date:** [August 8, 2012, 5:27pm UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/12 "2012-08-08T17:27:28Z")
> [@gaffa](#): > > The parking lot is between my brother’s building and their building. You mean the **barking** lot, amirite? ---
**Author:** ![gaffa](https://avatars.discourse-cdn.com/v4/letter/g/e68b1a/32.png) [@gaffa](https://boards.straightdope.com/u/gaffa)\ **Post date:** [August 8, 2012, 5:27pm UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/13 "2012-08-08T17:27:29Z")
> [@Rachellelogram](#): > > Oh man, that company is \*so \*effed in the a. Post back with the results! They are currently 4 blocks away. I have no idea why they didn’t look at any locations that would allow them to be in compliance with codes and wouldn’t be a gigantic pain in the ass to a residential neighborhood. > [@](#): > > It sounds like what they’re doing is a code violation (several, actually), which (given that they haven’t moved in yet) means you could get them shut down before this becomes more than an eyesore. Let’s hope! The eyesore is less of a problem than being an ear and nose sore as well. ---
**Author:** ![Cat\_Whisperer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cat_whisperer/32/4839_2.png) [@Cat\_Whisperer](https://boards.straightdope.com/u/Cat_Whisperer)\ **Post date:** [August 8, 2012, 10:29pm UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/14 "2012-08-08T22:29:04Z")
Yup, code enforcement is the way to go for your brother. It sounds like it could be a good thing that they aren’t bothering with anything so mundane and boring as getting approvals for the business they’re planning - that way, the bylaw enforcement people should be able to shut them down. ---
**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\ **Post date:** [August 9, 2012, 3:37am UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/15 "2012-08-09T03:37:16Z")
Your brother may wish to get his neighbors involved as well, given that this affects them too. Also, some animal rights group or other may be interested in dogs “playing” on asphalt for profit and may wish to shut them down on general principles. Same thing with TV reporters, though it helps to get some dogs for the cameras so you will want to wait to call the press. ---
**Author:** ![Kimmy\_Gibbler](https://avatars.discourse-cdn.com/v4/letter/k/bbe5ce/32.png) [@Kimmy\_Gibbler](https://boards.straightdope.com/u/Kimmy_Gibbler)\ **Post date:** [August 9, 2012, 4:10am UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/16 "2012-08-09T04:10:23Z")
> [@gaffa](#): > > What to do? How can we stop this nightmare, that will destroy my brother’s apartment rentals value? In addition to getting the city to send out an inspector to determine if the site is up to code, your brother might also want to see about instituting (or threatening to institute) a suit for private nuisance. Broadly, nuisance law determines whether a neighbor is interfering with one’s enjoyment of one’s own property, and further, the neighbors offending behavior is unreasonable. It is generally employed by those living adjacent to shooting ranges, concrete blasters, and animal husbandry businesses. ---
**Author:** ![gaffa](https://avatars.discourse-cdn.com/v4/letter/g/e68b1a/32.png) [@gaffa](https://boards.straightdope.com/u/gaffa)\ **Post date:** [August 9, 2012, 7:17am UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/17 "2012-08-09T07:17:33Z")
I went out and shot what the light they hung yesterday looks like. Here is [a view of the light from my back yard three doors down](http://img717.imageshack.us/img717/7366/p1010864d.jpg). The light [through the 12’ high chain link fences](http://img507.imageshack.us/img507/1601/p1010859u.jpg). Here is [the side of my brother’s house](http://img860.imageshack.us/img860/702/p1010857m.jpg). Here is [the back of the house](http://img59.imageshack.us/img59/8013/p1010860n.jpg). Here is [the light on the wall in the back bedroom](http://img819.imageshack.us/img819/1459/p1010863b.jpg). ---
**Author:** ![An\_Arky](https://avatars.discourse-cdn.com/v4/letter/a/87869e/32.png) [@An\_Arky](https://boards.straightdope.com/u/An_Arky)\ **Post date:** [August 9, 2012, 11:51am UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/18 "2012-08-09T11:51:25Z")
Your brother needs a row of Leyland Cypress, stat. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [August 9, 2012, 12:15pm UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/19 "2012-08-09T12:15:25Z")
I have friends who live about a quarter mile from a boarding kennel and the noise is bad. Get a lawyer!! ---
**Author:** ![FairyChatMom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fairychatmom/32/21906_2.png) [@FairyChatMom](https://boards.straightdope.com/u/FairyChatMom)\ **Post date:** [August 9, 2012, 12:18pm UTC](https://boards.straightdope.com/t/the-nightmare-next-door/630817/20 "2012-08-09T12:18:04Z")
Sounds to me like the place to start is zoning. That’s what I’d do. [Next page](https://boards.straightdope.com/t/the-nightmare-next-door/630817.md?page=2)