Chapter 84.04 — ANIMAL KEEPING

The purpose of this Chapter is to ensure that the keeping, raising, and maintenance of animals do not create an adverse impact on adjacent properties by reason of bright lights, dust, fumes, insect infestations, noise, odor, or visual blight.

(Ord. 4011, passed - -2007)

The regulations in this Chapter apply to all animal-keeping uses in the County, except as otherwise provided in Chapter 82.07 (Additional Agricultural Overlay).

(Ord. 4011, passed - -2007)

(a) Applicable Local Health and Animal Control Regulations. The keeping of animals in all land use zoning districts shall be subject to the conditions of the County Public Health Department and the regulations of Title 3 (Health and Sanitation and Animal Regulations) of the County Code.

(b) Pre-Existing Uses. A legally established nonconforming animal-keeping use shall be allowed to continue subject to Chapter 84.17 (Nonconforming Uses and Structures).

(c) Allowed Uses. Animal-keeping uses shall be allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses) and shall comply with the permit requirements and standards in this Chapter and other requirements in this Development Code and the County Code.

(Ord. 4011, passed - -2007)

(a) Accessory Residential Use. The keeping of exotic animals shall be an accessory use to a single-family dwelling unit.

(b) Special Use Permit Requirements. The keeping of exotic animals shall require a Special Use Permit in compliance with Chapter 85.14 (Special Use Permits).

(1) Before giving notice to adjacent property owners, the review authority shall request that the County Veterinarian submit a statement regarding the particular animal’s mature behavior and personality characteristics. Notice given to adjacent property owners shall include a description of the type of animal and its behavior characteristics.

(2) Approval of a Special Use Permit for an exotic animal shall not be effective until the Code Enforcement Division receives written evidence that the applicant has applied for and obtained the following:

• (A) Permit from the County Public Health Department.

• (B) Permit from the State Department of Fish and Game.

(3) Each Special Use Permit shall specify the periodic renewal period and inspection requirements in compliance with Chapter 85.14 (Special Use Permits).

(c) Standards. In addition to conditions imposed by the review authority for the Special Use Permit, the keeping of exotic animals shall comply with the following standards.

• (1) The keeping of an exotic animal shall comply with all County Code requirements, including setbacks from property lines and other dwellings as identified in § 84.04.090 (b) (Setbacks).

• (2) The keeping of an exotic animal shall comply with all applicable Federal and State requirements.

(3) No more than two exotic animals over the age of six months shall be kept as an accessory use to a single

dwelling unit, unless a Conditional Use Permit for a menagerie or zoo has been approved in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit).

(4) Each exotic animal shall have sufficient area to be maintained and exercised in a normal healthy manner as determined by the County Veterinarian.

(Ord. 4011, passed - -2007)

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.

(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:

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.

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:

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)

Private kennels and/or catteries shall be subject to the regulations in this Section.

(a) Accessory Residential Use. A private kennel and/or cattery shall be an accessory use to a single-family dwelling unit.

(b) Permit Requirements. A private kennel and/or 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) Standards. In addition to conditions imposed by the review authority for the Special Use Permit, private kennels and catteries shall comply with the following standards:

(1) Compliance with Health Regulations. The private 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.

(2) Compliance with Land Use Zoning District Development Standards. The keeping of dogs and cats shall only be allowed within a Resources Conservation (RC), Agriculture (AG) or Rural Living (RL) Land Use Zoning District and 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), or Chapter 12 (Catteries), in Division 2, Title 3, of the County Code, the stricter standard shall apply.

(3) Minimum Parcel Size. A minimum parcel size of two and one half acres shall be required.

(4) 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.

(5) Maximum Number of Animals. A maximum of 15 dogs and/or cats per parcel shall be allowed.

(6) Housing. Unless all dogs or cats are kept in the house or garage at night, all dogs or cats 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.

, all dogs or cats 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.

(7) Inspections. Private 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.

• (8) Noise. Noise shall be attenuated to 55 dB(A) from the property line.

• (9) 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).

• (10) 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.

(11) Screening. The Special Use Permit may require the use to be fully screened from adjacent properties.

(12) 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.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

Animal keeping allowed as a primary use shall be subject to the regulations in this Section.

(a) Compliance with Land Use Zoning District Development Standards. The keeping of animals 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).

(b) Minimum Parcel Size. The following minimum parcel sizes shall be required for animal keeping as a primary use of the property.

(1) Two acres minimum shall be required in the Agricultural (AG), Special Development (SD), Resource Conservation (RC), and Rural Living (RL) Land Use Zoning Districts, unless otherwise noted in Table 84-3 (Animal Keeping Allowed as Primary Use).

• (2) One-half acre minimum shall be required in the Floodway (FW) Land Use Zoning District.

(c) Parcel Area for Qualifying Number or Density of Animal Type. Parcel area used to qualify one animal type shall not be reused to qualify another animal type.

• (d) Manure Management. Proper manure management shall be carried out in compliance with Title 3 (Health and Sanitation and Animal Regulations) of the County Code.

(e) Standards. The standards in Table 84-3 (Animal Keeping Allowed as Primary Use) shall apply to all animal keeping allowed as a primary use. Densities shall be based upon the total area of the subject property regardless of structures on-site or setback requirements.

(f) Conditional Use Permit Requirement for Different Densities and Animal Types. Primary animal keeping of

densities greater than, or of animal types different from, those listed in Table 84-3 (Animal Keeping Allowed as Primary Use) shall be subject to a Conditional Use Permit.

Table 84-3

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

Animal keeping allowed with a Conditional Use Permit shall be subject to the regulations in this Section and conditions imposed by the review authority in compliance with Chapter 85.06 (Conditional Use Permit/Minor Conditional Use Permit).

Table 84-4

(Ord. 4011, passed - -2007)

Animal keeping allowed as an accessory use to primary residential uses shall be subject to the regulations in this Section.

(a) Structures for Animal Maintenance and Care. Each animal keeping land use shall include all structures necessary to maintain and care for the animals (e.g., barn, coops, corral, pens, stables, etc.). The structures shall comply with the development standards identified in Division 2 (Land Use Zoning Districts and Allowed Land Uses) and in this Section.

(b) Setbacks.

(1) Distance from Structures for Human Habitation or Assembly. All animals, other than cats, dogs, canaries or birds of the psitacinae family, 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.

(2) Distance from Property Lines and Rights-of-Way. Animals shall be maintained at least five feet away from interior side and rear property lines, and 15 feet away from side street rights-of-way, excepting an alley or bridle path, unless they comply with the Subdivision (3) (Enclosure), below.

(3) Enclosure. Animals may be maintained by a fence at least five feet high and made of either chain link, wood with horizontal members no less than six inches apart, solid masonry or other appropriate solid screening and confining materials.

(4) Distance from Water Well. Animals shall be kept at least 100 feet away from any domestic water well.

(c) Newborn Animal Exception. Offspring of animals maintained on the same property in compliance with applicable laws and regulations that are less than four months old or that have not been weaned, whichever is longer, shall not be subject to the maximum density or number limitations established by this Chapter.

(d) Parcel Area for Qualifying Number or Density of Animal Type. Parcel area used to qualify one animal type shall not be reused to qualify another animal type.

(e) Manure Management. Proper manure management shall be carried out in compliance with Title 3 (Health and Sanitation and Animal Regulations) of the County Code.

• (f) Compliance with Health Regulations. Animal keeping land uses shall comply with public health laws regarding proper care and maximum number of animals.

(g) Conditional Use Permit Requirement for Different Densities and Animal Types. Accessory animal keeping of densities greater than, or of animal types different from, those listed in Table 84-5 (Animal Keeping Allowed as Accessory Use) shall be subject to a Conditional Use Permit (e.g., educational animal projects, temporary grazing operations, etc.).

(h) Standards. The standards in Table 84-5 (Animal Keeping Allowed as Accessory Use) shall apply to all animal keeping allowed as an accessory use. Densities shall be based upon the total area of the subject property regardless of structures on-site or setback requirements.

• (i) Additional Standards for Animal Keeping as Accessory Use to Primary Single-family Dwelling Unit. In addition

to the requirements in this Section, the following provisions shall apply for animal keeping as an accessory use to a primary single-family dwelling unit only:

• (1) Combinations of Animal Types. Combinations of the animal types shall be allowed, provided:

• (A) The total number of animals in each category is not exceeded.

(B) Where a density ratio of animals per parcel area is specified, the parcel area is allocated only once, to either a primary or accessory animal keeping use. Parcel area used to qualify one animal type shall not be reused to allow another animal type.

• (C) Animal types that are limited only by a maximum number per parcel are allowed in addition to any other accessory or primary animal keeping use.

• (D) Parcels with multi-family residential structures shall be limited to the following animals for lots less than

• 7,200 square feet in size:

• (I) Any combination of two dogs, cats, and/or pot-bellied pigs (under 50 pounds) shall be allowed per unit.

• (II) Any combination of two chickens (or similar fowl—hens only) or rabbits or other similar small animals. (2) Confined Animals.

(A) Animals that are normally maintained in aquariums, terrariums, vivariums, birdcages, or similar devices shall be allowed as an accessory animal keeping use, provided that the structure or device in which animals are kept shall be:

• (I) A maximum of 50 cubic feet; and

• (II) Maintained within an enclosed building.

• (B) The maximum number or density limitations for these confined animal types shall comply with public health regulations.

(j) Additional Agriculture (AA) Overlay. See Chapter 82.07 Additional Agriculture (AA) Overlay for additional animal keeping regulations.

• (Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4341, passed - -2018)