Chapter 17.206 — CROWING FOWL PERMITS

Chapter 17.206 - CROWING FOWL PERMITS

Sections:

Whenever a request is made to increase the permitted numbers of mature crowing fowl, in zones where such requests are allowed, the provisions of this chapter shall take effect.

(Ord. 398.3954 § 54 (part), 2000)

Every application for a crowing fowl permit shall be made in writing to the planning director on the minor plot plan or crowing fowl permit forms provided by the planning department, shall be accompanied by the appropriate filing fee as set forth in County Ordinance No. 671 and shall include the following information:

A.

Name and address of the applicant, and evidence that the applicant resides at the premises involved and is either the owner of the premises involved or has the written permission of all the owners to secure the permit.

B.

Assessor's parcel number of premises involved.

C.

A plot and development plan drawn in sufficient detail to clearly describe the following:

1.

Physical dimensions of property;

2.

Location and dimensions of all existing and proposed structures, including all enclosures proposed for crowing fowl;

3.

Location, dimensions, and names of all adjacent roads, whether public or private, showing the location of the street centerline and all existing improvements such as sidewalks, curbs, gutters and curb cuts;

4.

Proposed setbacks for crowing fowl enclosures from existing on-site structures and structures on adjacent properties;

5.

Driveway location(s).

D.

Panoramic photographs showing all sides of the on-site property and adjacent off-site properties.

E.

A description of walls, landscaping, and other methods which will be used to ensure that the use will be compatible with the neighborhood.

F.

A statement that the proposed use is for the occupants of the premises only.

G.

A list of the names and addresses of all owners of real property within six hundred (600) feet of the exterior boundaries of the property as shown on the last equalized assessment roll and any update issued by the county assessor.

H.

Such additional information as shall be required by the application form.

I.

A clearance letter from the animal control services and licensing division of the health services agency verifying that the property has not had prior complaints or violations associated with the proposed use.

(Ord. 348.3954 § 54 (part), 2000)

Upon acceptance of an application as complete, the planning department shall transmit a copy of the application to the environmental health department and animal control services and licensing division of the health services agency for review and comment.

1.

Not less than thirty (30) days after acceptance of an application as complete, the planning director shall schedule the time and date on which the planning director's decision on the application is to be made. Not less than ten (10) days prior to the date on which the decision is to be made, the planning director shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll and any updates as owning real property within a six hundred-foot radius of the exterior boundaries of the proposed project. Notice of the proposed use shall also be given by publication in a newspaper of general circulation in the county. The notice shall include the statement that no public hearing will be held unless a public hearing is requested in writing before the date scheduled for the decision to be made.

2.

No public hearing on the application shall be held before a decision is made unless a public hearing is requested in writing by the applicant or other interested person, or if the planning director determines that a public hearing should be required. The planning director shall give notice of the decision to the applicant and to any other person who requests notice of the decision.

3.

If a public hearing is required under the provisions of this subsection, notice of the time, date and place of the public hearing before the planning director, and a general description of the location of the real property which is the subject of the public hearing, shall be given at least ten (10) days prior to the public hearing as follows:

a.

Mailing or delivering to the owner of the subject real property or the owner's duly authorized agent.

b.

Mailing or delivering to all owners of real property which is located within a six hundred-foot radius of the exterior boundaries of the subject property, as such owners are shown on the last equalized assessment roll and any updates.

c.

The planning director may require that additional notice be given in any other matter the planning director deems necessary or desirable.

d.

At the public hearing, the planning director shall hear relevant testimony from interested persons and make a decision within a reasonable time after the close of the public hearing.

(Ord. 348.3954 § 54 (part), 2000)

(Ord. No. 348.4947, § 5, 3-2-2021)

No crowing fowl permit shall be approved unless it complies with the following standards:

A.

The proposed permit must conform to all the requirements of the general plan for the county.

B.

The lot is zoned for the keeping or raising of crowing fowl as a permitted use and subject to the restrictions of the zone.

C.

The crowing fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. To mitigate potential noise and to avoid the creation of a public nuisance due to noise, the enclosed area shall be constructed and the crowing fowl shall be maintained as follows:

1.

The crowing fowl shall be kept in a solid walled enclosure with a solid roof attached to all perimeter walls of the enclosure;

2.

Crowing fowl shall be confined inside the walled and roofed enclosure between the hours of eight p.m. and six a.m. each day;

3.

The walled and roofed enclosure shall be completely screened, except for its entry, by landscaping, including trees and shrubbery.

D.

All of the development standards of the zone in which the crowing fowl permit is located, shall be applicable to the permit.

E.

Findings are made by the planning director that there is no adverse impact on the public health, safety or welfare.

(Ord. 348.3954 § 54 (part), 2000)

Any crowing fowl permit granted shall be subject to such conditions as are necessary to protect the health, safety and general welfare of the public. In addition, a permit shall be subject to the following conditions:

A.

In general, the life of the permit shall be unlimited provided the applicant continues to reside at and is the owner of the premises involved and the permit is being used in compliance with the provisions of this chapter, as well as any conditions of approval imposed in connection with the permit, and that all construction permits and inspections which may be required pursuant to the provisions of Title 15 have been obtained. However, if the planning director finds that there is sufficient reason, such as neighborhood concern, to limit the life of the permit, such limitation may be established by addition of condition of approval. Non-compliance with the conditions of approval and/or construction permits may result in the revocation of the permit in accordance with Chapter 17.220.

B.

The lot is zoned for the keeping or raising of crowing fowl as a permitted use and subject to the restrictions of the zone.

C.

The keeping or raising of crowing fowl is for the use of the occupants of the premises only.

(Ord. 348.3954 § 54 (part), 2000)

An applicant or any interested person may appeal a decision by the following procedure:

1.

Initial appeal. The decision of the planning director is considered final and no further action is required unless, within ten (10) calendar days from the date of the decision, either: an appeal therefrom is filed, accompanied by the fee set forth in County Ordinance No. 671, with the clerk of the board; or a member of the board of supervisors or planning commission submits a request to the planning director that the decision be set for public hearing before the planning commission. The appeal shall be set for public hearing before the planning commission not less than thirteen (13) nor more than sixty (60) days thereafter. If the permit did not require a public hearing, the planning director shall mail notice of the public hearing to

the applicant and the appellant. If the permit required a public hearing, notice of the appeal shall be given in the same manner that notice was given for the original public hearing.

2.

Appeal from planning commission. The decision of the planning commission is considered final and no further action is required unless, within ten (10) calendar days from the date of the planning commission's decision, either: an appeal therefrom is filed, accompanied by the fee set forth in County Ordinance No. 671, with the clerk of the board; or a member of the board of supervisors submits a request to the planning director that the decision be set for public hearing before the board of supervisors. The clerk of the board shall set the public hearing before the board of supervisors not less than five days nor more than sixty (60) days thereafter. If the permit did not require a public hearing, the planning director shall mail notice of the public hearing on the appeal to the applicant and the appellant. If the permit required a public hearing, notice of the appeal shall be given in the same manner that notice was given for the original public hearing. The board of supervisors shall render its decision within thirty (30) days following the close of the public hearing on the appeal. The decision of the board of supervisors shall be final.

(Ord. 348.3954 § 54 (part), 2000)

(Ord. No. 348.4947, § 6, 3-2-2021)