The owner of a commercial dog kennel in Ephrata Township is seeking a special exception from the zoning hearing board to keep his breeding operation in business.

John Mark Lapp holds a K5 commercial kennel license, allowing him to house from 251 to 500 dogs per year on his parents' farm at 10 Brubaker Road.

A change to the state dog law now requires kennel operators to seek zoning approval before obtaining a valid license. At a meeting April 21, Lapp asked the zoning board to grant him the special exception to continue operating the kennel inside a 32-by-36-foot building and an 8-by-16-foot kennel with outdoor wire runs.

Lapp said he has operated his kennel since at least 2004 and operated in early 2009 using his 2008 license. Although dog-law officials told him he would need zoning approval to get the 2009 license, he received his new license by mail the day of the hearing — before any testimony was taken or zoning approval even considered.

Lapp told the board he has between 42 and 50 adult dogs on the 42-acre site and would like permission to house up to 50 in the future.

"It's right in that ballpark now," Lapp said. "I started small with just a couple of dogs. … If it's going to change at all, it's going to get smaller."

Lapp breeds small dogs, such as Yorkshire terriers, Bichons Frise and shih-tzus, and sells them to wholesalers and retail buyers. He said each of his adult dogs has one to two litters a year, and he makes an average of one sale a day. He estimated the kennel is 200 to 600 yards from the closest home.

Solicitor Gary Krafft asked Lapp if he had heard complaints from neighbors or violated any dog laws in the past.

Lapp told the board he had been cited about two years ago for "not being sanitary enough." The Bureau of Dog Law Enforcement kennel inspection Web site shows Lapp received unsatisfactory marks during multiple inspections in 2007 and 2008, most recently in August 2008.

In September 2007, Lapp was initially denied a K5 kennel license because of chewed and scratched wood, unsatisfactory metal flooring, feces in food and failure to clean excrement out of dog boxes daily. He passed his next inspection in November 2007 and was granted the larger-scale license.

In July 2008, Lapp was cited for excessive buildup of hair, dirt and excrement, as well as needing to clip nails and shave some of his dogs. On a follow-up inspection in August, Lapp had corrected those problems but was ordered to take a female shih-tzu to a vet "for eye and neck" problems.

Lapp's February inspection report showed no problems.

To get the special exception, Lapp must meet criteria established in the township's zoning ordinance for issues such as property line setbacks, waste removal and noise. The board cannot deny his application for reasons other than those outlined in the zoning rules.

No one appeared at the meeting to contest Lapp's application. The board will issue a ruling next month.

Chairman Jack Echternach said he was surprised at the low turnout. Although other townships have seen an increase in kennel applications because of the revised state law, this was the first such hearing for Ephrata recently.

Echternach said it is hard for municipal officials to know how many kennels are operating without approval in their jurisdictions.

"Our township doesn't go out headhunting," he said.