§ 16-13-20. Kennels and catteries.

(a)

With approval of the Board of Trustees, kennels and catteries, as defined by Section 7-4-10 of this Code, may be conditionally maintained in commercial and industrial areas according to the following requirements, which shall be met in addition to the conditions contained in Section 16-13-10 above:

(1)

At no time shall a kennel or cattery be used to board or house more than twenty (20) dogs per acre of lot area. At no time shall a kennel or cattery be used to board or house more than twenty (20) cats per acre of lot area. Under no circumstances shall more than fifty (50) dogs be kept on a lot, fifty (50) cats be kept on a lot or a total of one hundred (100) animals, including dogs and cats, be maintained on any lot. Multiple animals shall not be housed in the same enclosure except for animal, with the same owner, at the request of the owner. The total number of dogs and/or cats allowed, including in any structure, shall not apply to offspring under five (5) months of age belonging to one (1) of the adult animals.

(2)

A building permit shall be obtained for all kennels, pens, shelters or other similar structures. Said building permit application shall be reviewed and approved by the Town Administrator/Clerk, and any land use approval of a kennel or cattery shall be contingent on approval by the Town Administrator/Clerk (or, in the event of a denial, the Board of Trustees) of the building plans.

(3)

All buildings and grounds on any lot where a kennel or cattery is operated shall be kept at all times in a safe, clean, repaired and sanitary condition.

(4)

Maintenance of a kennel or cattery shall be allowed so long as the business is operated by or has employed on staff a veterinarian licensed to practice veterinary medicine by the State.

(5)

All dogs and/or cats shall be contained on the building at all times unless under the control of a handler; no exterior animal runs will be allowed, including animal runs extending off of any structure. A kennel or cattery may maintain a fenced area on the exterior of the building where animals may be exercised by a handler. Except within the fenced exercise pen, animals outside the building shall be leashed at all times. Dogs shall be exercised by a handler at least twice each day for a period of not less than ten (10) minutes each. Dogs may not be exercised except during the hours of 7:30 a.m. and 7:00 p.m. A handler shall be present at all times that dogs are left within any exercise pen. No handler shall oversee more than five (5) dogs in the exercise pen at one (1) time and no handler shall oversee more than two (2) dogs outside the exercise pen at any one (1) time. Any exercise pen shall be located outside of any buffer yard.

(6)

Kennels and catteries shall meet setback standards for the district in which they are located, but the depth of setback yards shall be increased to twenty-five (25) feet from commercial property and fifty (50) feet from residential property. Fenced exercise pens shall be setback a minimum of fifty (50) feet from commercial property and seventy-five (75) feet from residential property.

(7)

The following minimum space requirements shall be applicable to all kennels:

a.

Dogs. Each dog shall be provided a minimum space equal to the following equation:

Width of kennel =	Length of dog from nose to base of tail + 2 feet
Length of kennel =	Width of kennel + 2 feet
Height of kennel =	1½ times the height of the dog at the shoulder

 

At a minimum, no individual kennel for housing any dog shall have less than six (6) square feet of floor space nor be required to have more than four hundred thirty-five (435) square feet of floor area.

b.

Cats. Each adult cat shall be provided a minimum of six (6) cubic feet of area. Adult female cats with kittens below three (3) months of age shall be provided with a minimum of eight (8) cubic feet of area.

(8)

All animal and food wastes (including waste from exercise areas or pens), bedding, debris and other organic wastes shall be handled and disposed of regularly in a sanitary manner so as to avoid vermin infestation, odors, disease hazards and nuisances. Disposal shall be as approved by the Town, but under no circumstances shall any solid waste be placed in the sanitary sewer. At a minimum, wastes will be bagged, sealed and properly disposed of offsite at least every other day. Trash enclosures shall be covered at all times, shall be enclosed in a separate trash area and shall be placed a minimum of fifty (50) feet from the lot line of the property.

(9)

Areas occupied by animals shall be cleaned and all surfaces sanitized regularly and at all times when one (1) animal ceases to occupy an area and another occupies the same space.

(10)

Records showing compliance with kennel and cattery requirements, including cleaning and waste removal, shall be maintained and kept for a minimum of eight (8) months and shall be available for inspection by the Town on request.

(11)

Environmental and/or chemical and scientific controls approved by the Colorado Department of Agriculture or other appropriate enforcement agency shall be provided for pest control.

(12)

Adequate drainage facilities, catch basins or other improvements shall be constructed to protect any adjacent rivers, streams or other bodies of water from pollution.

(13)

At least one (1) washroom consisting of a basin or sink and a lavatory shall be provided to maintain cleanliness among animal caretakers.

(14)

Dogs shall not be housed in the same primary enclosure but shall be maintained in separate rooms with full walls separating such room from other enclosures with cats and animals in the stage of estrus (heat) or whelping.

(15)

All operators of kennels or catteries shall provide annual verification to the Town that state licensing requirements, if any, have been met.

(16)

All dogs and/or cats shall be cared for in a humane and sanitary manner as approved by the responsible governmental agency.

(17)

The following information shall be required in addition to the information required with a conditional use application,

a.

Plans and methods of disposal of sewage and other wastes.

b.

Plans and methods of water supply.

c.

Plans and methods of drainage facilities.

d.

Plans for noise abatement, including types and explanations of berming, walls and landscaping.

e.

An area map showing the location of surrounding buildings, structures, residences, roads, subdivisions and performance districts within a one-thousand-foot radius.

f.

The names and addresses of property owners within a one-thousand-foot radius of the lot or property on which the kennel or cattery is to be located. However, the Town Administrator/Clerk may require the names of property owners in excess of one thousand (1,000) feet.

g.

Written approval of at least one (1) owner of one-half (½) of all properties within the one-thousand-foot radius of the proposed use.

h.

A map showing building, exercise pen and facility setbacks from each adjoining property.

(b)

The applicant for any kennel or cattery use shall establish to the satisfaction of the Board of Trustees the compatibility of the proposed kennel or cattery with the surrounding area, that the business can be operated in harmony with the character of the neighborhood, that there will be no detrimental effects to the immediate area, to the health, safety and welfare of the inhabitants of the area or to the animals proposed to be cared for, and that noise issues will be adequately addressed.

(1)

All animals maintained in a kennel or cattery shall be properly licensed as required by Section 7-4-310 of this Code and have proof of legally required vaccinations.

(2)

All kennels and catteries shall comply with all noise regulations of this Code.

(3)

The Town, by an authorized representative during the kennel's or cattery's operation, may inspect the kennel or at reasonable times review records maintained by the kennel to confirm compliance with this Section.

(4)

Four (4) or more violations of the noise, sanitary, licensing or other applicable ordinances of the Town within one (1) year shall allow the Town to terminate any kennel or cattery for up to three (3) weeks; six (6) or more violations within one (1) year shall authorize the Board of Trustees to terminate kennel or cattery approvals granted under this Section. No previously approved right to operate a kennel or cattery shall be terminated without an opportunity of the property owner to be heard and to present evidence. (Ord. 3-2006 §1; Ord. 11-2007 §1)

(Ord. No. 6-2015 , §§ 1, 2, 5-18-15)