A. A Specific Use Permit must be obtained from the Chief of Police for those sections in this chapter where it is required, including, but not limited to, for potbellied pigs as described in section 5-2-5
(O), and for exceeding the maximum number limits and types/breeds of animals permitted in the city as described in sections 5-2-4
and 5-2-9
relating to dogs. A Specific Use Permit shall act as an exemption to the applicable section(s) in this chapter. A Specific Use Permit shall not constitute implied or express use for a commercial kennel and shall be for residential exceptions only (no exceptions for any commercial or industrial uses). Any commercial kennel or other commercial breeding operation shall meet all applicable required business licensing and zoning requirements found in Rathdrum City Code.
1. An application for a Specific Use Permit shall, at a minimum, include the owner's information (name, address, and contact information) and a written description of the requested permit, which shall include the number and/or type of animals, lot size information, a site plan or showing where and how the animals will be contained, a timeframe for how long the permit is needed for, and a description of the purpose for acquiring and keeping the requested animals. Any other required information for obtaining a permit, as required by the sections above, such as certifications from veterinarians, shall be submitted with the permit application. The Police Chief may request additional information as needed to make a determination on the permit. This information will allow the Police Chief to evaluate the proposed exception. Issuance of the permit will require an inspection of the premises where the animal(s) is/are to be kept by the Police Chief and/or the animal control officer.
2. The following conditions are considerations in the issuance of a Specific Use Permit (these conditions may also be used to revoke an issued Specific Use Permit if fond to not be met any time after issuance of the permit):
a. The lot size, which should be reasonably suitable for the requested animal(s);
b. The Specific Use Permit for the proposed exception would be consistent with the general intent of this code and if granted, be in compliance with the applicable requirements detailed in this chapter.
c. If an animal is injured or ill, was found or rescued, or if the animal is being kept for 4-H, educational purposes, or therapy.
d. Granting the Specific Use Permit has not been demonstrated to be detrimental to the neighborhood.
e. The animal(s) enclosure shall be kept in a clean and sanitary condition, and the animal(s) shall be reasonably restrained from annoying the neighborhood or the general public by loud, frequent noises, unreasonable odors, or running at large.
f. The animal(s) on the application shall meet city requirements to be up to date on all vaccinations and any required licensed veterinary certifications, and if applicable, wear a collar or other identifying items with owner information.
3. Duration of Permit: The permit shall be granted either on a yearly basis if needed for more than a year, or on a temporary basis if needed for less than a year. The permit shall be granted to the owner or possessor of the animal(s) and shall be considered expired if the property where the animal(s) are kept changed by way of ownership, rent, or lease.
4. The permit shall be considered expired if any animal listed on the permit is found to be running at large more than twice with the calendar year.
5. Complaints that the animal(s) constitute a nuisance in violation of this chapter or any other Rathdrum City Code, as verified by the police chief or designee, by way of noise, failure to provide suitable care or failure to maintain a sanitary enclosure or living environment shall require a reinspection by the Police Chief and/or the animal control officer, or other designee of the chief of police. If the nuisance is not brought into compliance in a reasonable time, as determined by the Police Chief or designee, and/or a violation of this chapter or any other Rathdrum City Code occurs multiple times within a calendar year, the Specific Use Permit may be revoked by the Police Chief, and the permit holder may be further subject to the penalties and enforcement measures authorized in this chapter.
6. The applicant shall meet all applicable zoning requirements to be permitted by the city as approved by the City Planner.
B. Appeal: Any person denied a permit or had a permit revoked by the chief of police or designee may appeal said denial or revocation by filing a written notice of appeal within ten (10) calendar days of said denial or revocation with the city administrator setting forth the basis of the appeal and stating concisely why the appeal should be granted. The city administrator may investigate the appeal as appropriate, including meeting with the applicant or any objectors and render a written decision concerning the requested license denial or revocation. If the person desires to appeal the city administrator's decision, said person may appeal the decision by filing a written notice of appeal within ten (10) calendar days of receiving the city administrator's decision with the mayor setting forth the basis of the appeal and stating concisely why the appeal should be granted. The mayor may investigate the appeal as appropriate, including meeting with the applicant or any objectors and render a written decision concerning the requested license denial or revocation. (Ord. 629, 10-25-2023)