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HomeMy WebLinkAbout2010-08-25 Planning & Zoning Packet - Work SessionCITY OF KENAI PLANNING ZONING COMMISSION Work Session Reminder 6 7 p.m. August 25, 2010 Kennels Amendment to Land Use Table Chapter 3.15 LICENSED FACILITIES Sections: 3.15.010 Licenses required. 3.15.020 Licensing procedure. 3.15.030 License revocation. 3.15.040 Hearings— Appeals. 3.15.050 Standards for operating facility. 3.15.010 Licenses required. No person may operate a kennel facility without having a license therefor issued pursuant to this chapter. 3.15.020 Licensing procedure. (a) Application for a license under this chapter shall be to the Chief Animal Control Officer. The application shall include: (1) The name and address of the applicant; (2) The number and breeds of dogs to be kept in the facility; (3) The type of facility the applicant proposes to operate under the license, and a description of the proposed facility. An application for a license for a kennel to be used for commercial purposes shall include a copy of a current Alaska Business License for the operation of the kennel and a Borough Sales Tax application or registration number; (4) The address of the premises where the applicant proposes to operate under the license, and the name and address of the owner of the premises; (5) (7) A diagram of the premises on which the applicant proposes to operate under the license. The diagram shall show the lot lines and the location and dimensions of yards and structures on the premises where the applicant proposes to operate under the license, designate the parts of the premises on which dogs will be kept, and show the location and use of structures of adjacent lots. The diagram need not be based upon a formal survey of the premises. (6) The license fee required by KMC 3.05.100; Proof of a current rabies vaccination for each dog kept in the facility that is over the age of three months. (b) The Animal Control Office shall not issue a license under this chapter to any person who has been convicted of neglecting an animal or cruelty to an animal. (c) The Animal Control Office shall not issue a license under this chapter until it has inspected the premises where the applicant proposes to operate the facility, and determines that the applicant will operate the facility in accordance with standards set forth in KMC 3.15.050. (d) The Animal Control Office shall prepare a written report of the inspection's findings; including any reason why the proposed facility does not meet the standards set forth in KMC 3.15.050 and any steps which the applicant may take to make the facility qualify for a license. The Animal Control Office shall give the applicant a copy of the report. (e) A license issued under this chapter shall expire on December 31st of the year in which it is issued. (f) An application to renew a license issued under this chapter shall be made [AT LEAST THIRTY (30) DAYS AFTER] before the license expires, and shall be made in the same manner as an application for a new license, provided that the applicant may rely upon materials submitted with his original application to the extent they accurately portray the current condition of the facility. (g) Notification of an initial or renewal application shall be mailed to real property owners on the borough assessor's records within a three hundred (300') foot periphery of the parcel affected. The notice shall provide a date by which any comments regarding the application should be submitted. During the comment period, the applicant or any person receiving notice under this subsection may request a hearing. Upon timely application under this subsection, the Chief Animal Control Officer or his /her designee shall hold a hearing to determine whether the license should be issued, renewed, conditioned, limited, or denied. Notification of the hearing shall be mailed to real property owners listed on the borough assessor's records within a three hundred (300') foot periphery of the parcel that is the subject of the proposed action. The notice shall be mailed at least ten (10) days prior to the hearing and shall include the date, time, and place of the hearing. A copy of the decision shall be mailed to all notified property owners, all persons testifying or submitting comments and the applicant. ,ih)j(G)]The applicant shall be informed in writing that the application or receipt of the license provided for in this chapter does not relieve the applicant of meeting all zoning ordinance requirements or any other applicable City, Borough, or State laws or regulations. ii [(H)] The applicant shall agree in writing that the kennel facility may be inspected by the Chief Animal Control Officer or his /her designee at any time during business hours of the permittee. 3.15.030 License revocation. (a) If an inspection of a facility licensed under this chapter reveals: (1) The facility constitutes a health hazard; (2) The facility violates a City or Borough ordinance or regulation; (3) The facility violates a provision of this title, a term, condition, or limitation of a license issued under this chapter or a City regulation promulgated under this title. The inspecting agency may so notify the operator of the facility, stating in writing the steps the operator may take to remedy the violation. (b) The inspecting agency shall allow a facility operator who has been notified of a violation under subsection (a) of this section a reasonable time not exceeding fifteen (15) days to remedy the violation. At the end of that period, the inspecting agency shall re- inspect the facility to determine whether the violation has been cured. (c) If after re- inspection, the inspecting agency determines the violation has not been cured or that new violations have occurred, the Chief Animal Control Officer may commence a proceeding to revoke the license for the facility under KMC 3.15.040. al Before revoking a license under this chapter, the Chief Animal Control Officer or his/her designee shall hold a hearing to determine whether the license should be revoked. If the license is revoked, the Animal Control Office shall prepare a written decision as to why the proposed facility does not meet the standards set forth in KMC 3.15.050. An appeal of the decision may be filed as provided under KMC 3.15.040. 3.15.040 Hearings— Appeals. A person aggrieved by the granting, revocation, renewing, limiting, conditioning, or denying of a license under this chapter may, within fifteen (15) days of the date of the decision appeal the decision to the City Council pursuant to the procedures in KMC 14.20.290. [(A) A PERSON AGGRIEVED BY THE GRANTING, LIMITING, CONDITIONING, OR DENYING OF A LICENSE UNDER THIS CHAPTER MAY, WITHIN FIFTEEN (15) DAYS OF THE ACTION COMPLAINED OF, APPLY FOR A HEARING BEFORE THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE. UPON TIMELY APPLICATION UNDER THIS SUBSECTION, THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE SHALL HOLD A HEARING TO DETERMINE WHETHER THE LICENSE SHOULD BE GRANTED, CONDITIONED, LIMITED, OR DENIED. THE PERSON AGGRIEVED MAY APPEAL THE DECISION OF THE CHIEF ANIMAL CONTROL OFFICER TO THE CITY COUNCIL WITHIN THIRTY (30) DAYS WHOSE DECISION SHALL BE FINAL. (B) BEFORE REVOKING A LICENSE UNDER THIS CHAPTER, THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE SHALL HOLD A HEARING TO DETERMINE WHETHER THE LICENSE SHOULD BE REVOKED. THE PARTY AGGRIEVED MAY APPEAL TO THE CITY COUNCIL WITHIN THIRTY (30) DAYS OF THE DECISION WHOSE DECISION SHALL BE FINAL.] 3.15.050 Standards for operating facility. In operating a kennel facility, the operator shall: (a) Comply with the provisions of this title, the terms, conditions, and limitations of any license issued hereunder and any City regulations promulgated under this title. (b) Provide shelter adequate to preserve the health of the animals kept in the facility. (c) Maintain the facility in a sanitary condition. (d) Provide for the adequate care and feeding of animals kept in the facility. (e) Design and equip the facility so as to keep all animals on the premises. (f) sake. Keep on that number of animals in the facility which is safe and healthy for the facility's (g) Maintain the facility in such a manner that it does not constitute a nuisance to owners or occupiers of land in its vicinity.