§ 84.04.050  Commercial Kennels and/or Catteries.
   Commercial kennels and/or catteries, where allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses), shall be subject to the regulations in this Section.
   (a)   Compliance with Health Regulations.  The commercial kennel shall comply with the provisions of Chapter 3 (Commercial Kennels) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code. The commercial cattery shall comply with the provisions of Chapter 12 (Catteries) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code.
   (b)   Permit Requirements.  A commercial kennel and/or a cattery shall require a Special Use Permit in compliance with Chapter 85.14 (Special Use Permits). If the establishment has both dogs and cats, only one Special Use Permit shall be required. A Special Use Permit shall not be effective until the Code Enforcement Division receives written evidence that the applicant has applied for and obtained required permits from the County Public Health Department.
   (c)   Minimum Parcel Size.  Table 84-2 indicates the minimum parcel sizes required for commercial kennels and/or catteries in the land use zoning districts indicated. 
 
Table 84-2
Minimum Parcel Sizes for Commercial Kennels and/or Catteries
Minimum Parcel Size
Land Use Zoning Districts or Overlay
1 acre minimum
RS (Single Residential) in the AA (Additional Agriculture) Overlay
Community Industrial (IC) in Phelan Community Planning Area (PH/IC)
2.5 acre minimum
Resource Conservation (RC)
Commercial Rural (CR)
Rural Living (RL)
Agriculture (AG)
Service Commercial (CS)
Community Industrial (IC)
 
   (d)   Standards and Permit Requirements for Breeding Operations Within RC, AG or RL Land Use Zoning Districts.  In addition to conditions imposed by the review authority for the Special Use Permit, commercial kennels and catteries for breeding operations located within a Resource Conservation, Agriculture or Rural Living Land Use Zoning Districts shall comply with the following standards and permit requirements:
      (1)   Accessory Residential Use.  A commercial kennel and/or cattery that involves breeding shall be an accessory use to a single-family dwelling unit.
      (2)   Permit Requirements.  A commercial kennel and/or cattery for up to 15 animals shall require a Special Use Permit in compliance with Chapter 85.14 (Special Use Permits). If the establishment has both dogs and cats, only one Special Use Permit shall be required. A commercial kennel and/or cattery for more than 15 animals shall require a Special Use Permit in compliance with Chapter 85.14 (Special Use Permits) and a Minor Use Permit in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit).
      (3)   A Special Use Permit shall not be effective until the Code Enforcement Division receives written evidence that the applicant has applied for and obtained required permits from the County Public Health Department. 
      (4)   Compliance with Health Regulations.  The commercial kennel shall comply with the provisions of Chapter 3 (Commercial Kennels) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code. The commercial cattery shall comply with the provisions of Chapter 12 (Catteries) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code.
      (5)   Compliance with Land Use Zoning District Development Standards.  The keeping of dogs and cats shall comply with all County Code requirements, including setbacks from property lines and other dwellings as specified in Division 2 (Land Use Zoning Districts and Allowed Land Uses). In the event there is a conflict between a provision in this Section and a provision in Chapter 3 (Commercial Kennels), in Division 2, Title 3, of the County Code, the stricter standard shall apply.
      (6)   Minimum Parcel Size.  A minimum parcel size of two and one half acres shall be required.
      (7)   Density of Animals and Maximum Number of Animals. Animal densities shall be as follows:
 
Acreage
Number of Animals
Additional Animals
0 to less than 2.5 acres
As allowed by § 84.04.090
0
2.5 to less than 5 acres
15
0
5 acres
16 to 30
0
Each additional acre above 5 acres
6 per acre
 
         A maximum of 50 dogs and/or cats shall be allowed regardless of the size of the parcel(s).
      (8)   Setbacks.  All animals shall be maintained at least 70 feet, measured in a straight line, away from any structure or area used for human habitation or public assembly (e.g. parks, churches, etc.) on adjoining property. The area of human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings.
      (9)   Housing.  All dogs shall be housed in the indoor portion of the kennel from 9:00 p.m. to 7:00 a.m. The kennel shall be a solid, four-walled structure with a solid roof. Appropriate exercise areas shall be provided and shall be sheltered from the elements and be secure. Adequate heating, cooling, lighting, ventilation and bedding must be provided as required to the individual needs of the animals.
      (10)   Inspections.  Commercial kennels and/or catteries shall be inspected by the County Public Health Department annually. The County Public Health Department and the Code Enforcement Division shall conduct an inspection jointly when necessary.
      (11)   Noise.  Noise shall be attenuated to 55 dB(A) from the property line.
      (12)   Light and Glare.  Direct and indirect glare from the source shall not cause glare upon adjacent property owners in compliance with Chapter 83.07 (Glare and Outdoor Lighting).
      (13)   Fencing.  Fencing shall comply with Chapter 3 (Commercial Kennels) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code.
      (14)   Screening.  The Special Use Permit may require the use to be fully screened from adjacent properties.
      (15)   Sign.  One sign, not to exceed 12 square feet in area stating “Private Kennel” with a 24-hour emergency phone number, shall be posted at all entries to the parcel.
      (16)   Compliance with State Laws.  The commercial kennel and/or cattery shall comply with the State laws regarding the sale of dogs by breeders.
   (e)   Standards and Permit Requirements for Breeding Operations Within Commercial or Industrial Districts.  In addition to conditions imposed by the review authority for the Special Use Permit, commercial kennels and catteries for breeding operations located within commercial or industrial land use zoning districts shall comply with the following standards and permit requirements:
      (1)   Caretaker’ Residence.  If a commercial kennel and/or cattery that involves breeding is located within a commercial or industrial land use zoning district, a caretaker’s residence shall be located on-site or the use shall have employees on-site 24-hour per day.
      (2)   Permit Requirements.  A commercial kennel and/or cattery shall require a Special Use Permit in compliance with Chapter 85.14 (Special Use Permits) and a Minor Use Permit in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit).
      (3)   A Special Use Permit shall not be effective until the Code Enforcement Division receives written evidence that the applicant has applied for and obtained required permits from the County Public Health Department. 
      (4)   Compliance with Health Regulations.  The commercial kennel shall comply with the provisions of Chapter 3 (Commercial Kennels) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code. The commercial cattery shall comply with the provisions of Chapter 12 (Catteries) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code.
      (5)   Compliance with Land Use Zoning District Development Standards.  The keeping of dogs and cats shall comply with all County Code requirements, including setbacks from property lines and other dwellings as specified in Division 2 (Land Use Zoning Districts and Allowed Land Uses). In the event there is a conflict between a provision in this Section and a provision in Chapter 3 (Commercial Kennels), in Division 2, Title 3, of the County Code, the stricter standard shall apply.
      (6)   Minimum Parcel Size.  A minimum parcel size of two and one half acres shall be required.
      (7)   Density of Animals and Maximum Number of Animals.  Animal densities shall be as follows:
 
Acreage
Number of Animals
Additional Animals
0 to less than 2.5 acres
As allowed by § 84.04.090
0
2.5 to less than 5 acres
15
0
5 acres
16 to 30
0
Each additional acre above 5 acres
6 per acre
 
         A maximum of 200 dogs and/or cats shall be allowed regardless of the size of the parcel(s).
      (8)   Setbacks.  All animals shall be maintained at least 70 feet, measured in a straight line, away from any structure or area used for human habitation or public assembly (e.g. parks, churches, etc.) on adjoining property. The area of human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings.
      (9)   Housing.  All dogs shall be housed in the indoor portion of the kennel from 9:00 p.m. to 7:00 a.m. The kennel shall be a solid, four-walled structure with a solid roof. Appropriate exercise areas shall be provided and shall be sheltered from the elements and be secure. Adequate heating, cooling, lighting, ventilation and bedding must be provided as required to the individual needs of the animals.
      (10)   Inspections.  Commercial kennels and/or catteries shall be inspected by the County Public Health Department annually. The County Public Health Department and the Code Enforcement Division shall conduct an inspection jointly when necessary.
      (11)   Noise.  Noise shall be attenuated to 55 dB(A) from the property line.
      (12)   Light and Glare.  Direct and indirect glare from the source shall not cause glare upon adjacent property owners in compliance with Chapter 83.07 (Glare and Outdoor Lighting).
      (13)   Fencing.  Fencing shall comply with Chapter 3 (Commercial Kennels) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code.
      (14)   Screening.  The Special Use Permit may require the use to be fully screened from adjacent properties.
      (15)   Sign.  One sign, not to exceed 12 square feet in area stating “Private Kennel” with a 24-hour emergency phone number, shall be posted at all entries to the parcel.
      (16)   Compliance with State laws.  The commercial kennel and/or cattery shall comply with the State laws regarding the sale of dogs by breeders.
(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)