ORDINANCE NO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SUNSET VALLEY, TEXAS:

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1 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF SUNSET VALLEY LAND DEVELOPMENT CODE TO ALLOW OUTDOOR PET SERVICES AS A SPECIAL USE IN HIGHWAY COMMERCIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY, PUBLICATION, AND AN EFFECTIVE DATE. WHEREAS, City Council desires to amend the City's zoning regulations to allow, as a special use, certain outdoor uses in connection with a Pet Services use in Highway Commercial zoning districts; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SUNSET VALLEY, TEXAS: SECTION 1. Section of Chapter 1 of the Sunset Valley Land Development Code is amended as follows: (a) Subsection (189.5) is amended to provide as follows: (189.5) Pet Services : is the use of a site for the provision of grooming, or boarding services, performed within an enclosed building or structure. Pet services excludes boarding of equine, primates, livestock and large animals as well as the sale of dogs and cats from the premises. See Section for regulations on Pet Services. (b) New subsection (177.5) is added to provide as follows: (177.5) Outdoor Pet Services : is a Pet Services use with the addition of outdoor recreational area or facility that operates pursuant to a special use permit. (c) Subsection (129) is amended to provide as follows: (129) Kennel, Commercial : Any premises on which three (3) dogs or three (3) cats or more over the age of four (4) months or more are kept for sale or are trained or bred for remuneration. SECTION 2. Chapter 2 of the Sunset Valley Land Development Code is amended as follows: (a) Section is amended by adding the following Special Use, Outdoor Pet Services, allowed in a Highway Commercial ( HC ) zoning district. (b) Section is amended to add subsection (h) to provide as follows: (h) Outdoor Pet Services. In addition to the general criteria applicable to all special uses, all Outdoor Pet Services shall be operated and maintained in accordance with the following conditions and limitations: 1

2 (1) All indoor enclosures must meet the requirements applicable to Pet Services. (2) Noise, odors, and other characteristics of the use may not be of a kind or frequency to disturb the quiet enjoyment of surrounding properties or to be offensive to a resident or occupant of an adjacent property of reasonable sensitivity. (3) The following facilities shall be provided and properly maintained: A. No more than 20 animals shall be permitted outdoors at any one time; B. Adequate space within each enclosure for proper exercise; C. Adequate shelter from the elements; D. Enclosures that drain properly; E. Facilities and program for proper waste disposal and for eliminating odor; F. Effective means and controls for preventing barking sounds from being audible off the premises; and G. Adequate barriers and fencing to prevent escape by an animal from the premises. (4) Animals shall be permitted outdoors only between the hours of and. (5) The number of animals on the premises at any one time shall be no greater than for every square foot of the indoor enclosures on the premises. (6) An applicant shall maintain the premises in a sanitary condition at all times and shall keep odor from being detectible from off the premises. (7) All dogs and cats brought into or maintained in the city shall be free of infectious or contagious diseases and shall be effectively inoculated against rabies at all times. (8) The applicant shall provide an environmental impact plan that controls the timely disposal of animal solid waste and prevents runoff of solid waste or urine into the Edwards Aquifer or any surface waterway. (9) Not less than one agent of the operator of an Outdoor Pet Services use shall be present for every animals outdoors at any time. (c) Section is amended to add new subsection (f) to provide as follows: (f) Outdoor Pet Services. (d) Section is amended to add new subsection (e) to provide as follows: (e) Pet Services. All Pet Services shall be operated and maintained in accordance with the following conditions and limitations: (1) The structure or building must be capable of controlling the temperature within the building or structure within limits generally accepted to maintain the health of those 2

3 species of animals present, of maintaining humidity levels of 30 to 70 percent and of rapidly eliminating odors from within the building; (2) The structure or building must be an enclosure created by the continuous connection of a roof, floor and walls (a shed or barn set on top of the ground does not have a continuous connection between the walls and the ground unless a foundation and floor are provided); (3) The structure or building must have at least one door for entry and exit that can be opened and closed (any windows or openings which provide natural light must be covered with a transparent material such as glass or hard plastic); (4) The structure or building must be designed to be acoustically sound so as to eliminate animal noise from reaching neighboring tenants or adjacent property and designed to adequately contain and restrain the animals present; (5) The pet service must be operated in compliance with all applicable ordinances, laws and regulations including but not limited to licensing requirements; and (6) A sign shall be prominently displayed stating that any unresolved complaints regarding the care of animals or the condition of the premises can be directed to the City of Sunset Valley at (e) Section is amended to add new item 8 to the second column, designated, Land Use, By Special Use Permit to provide as follows: 8. Outdoor Pet Services SECTION 3. Severability If any part of this ordinance, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, invalid, or unenforceable, the validity of the remaining portions of this Ordinance shall not be affected thereby, this being the intent of the City Council in adopting this Ordinance, and all provisions of this Ordinance are declared severable for that purpose. SECTION 4. A caption that summarizes the purpose of this Ordinance and the penalty for violating this Ordinance shall be published as provided by Tex. Loc. Gov't Code SECTION 5. Effective Date This Ordinance shall become effective from and after the day it is passed and approved. PASSED AND APPROVED this day of Mayor Barbara Wilson 3

4 ATTEST: Rae Gene Greenough City Secretary 4

5 City Of Austin Zoning Commission Definition of Pet Services Under CS PET SERVICES use is the use of a site for the retail sale of small animals customarily used as household pets, or the provision of veterinary grooming, or boarding services, totally within a building. This use includes pet stores, small animal clinics, and pet grooming shops, but excludes uses for livestock and large animals. ***Happy Mailman s use falls nearly 100% within this definition. Our boarding services area will be totally within a building - all kennels and runs will be enclosed, climate controlled, and inaudible from outside. Our sole variance from the above definition is that we intend to have outdoor exercise yards for the dogs during daytime business hours. KENNELS use is the use of a site for the boarding and care of dogs, cats, or similar small animals. This use includes boarding kennels, pet motels, and dog training centers. ***Happy Mailman s use falls 100% within this definition. City of Sunset Valley s definition: Ordinance Section (189.5) Pet Service is the use of a site for the provision of grooming, or boarding services, performed within an enclosed building or structure. The use of any structure or building must meet all of the following requirements: 1. The structure or building must be capable of controlling the temperature within the building or structure within limits generally accepted to maintain the health of those species of animals present, of maintaining humidity levels of 30 to 70 percent and of rapidly eliminating odors from within the building; 2. The structure or building must be an enclosure created by the continuous connection of a roof, floor and walls (a shed or barn set on top of the ground does not have a continuous connection between the walls and the ground unless a foundation and floor are provided); 3. The structure of building must have at least one door for entry and exit that can be opened and closed (any windows or openings which provide natural light must be covered with a transparent material such as glass or hard plastic); and 4. The structure or building must be designed to be acoustically sound so as to eliminate animal noise from reaching neighboring tenants or adjacent property and designed to adequately contain and restrain the animals present; 5. The pet service must be operated in compliance with all applicable ordinances, laws and regulations including but not limited to licensing requirements. 6. A sign is prominently displayed stating that any unresolved complaints regarding the care of animals or the condition of the premises can be directed to the City of Sunset Valley at Pet Services excludes boarding of equine, primates, livestock, and large animals as well as the sale of dogs and cats from the premises. ***Again, Happy Mailman s use falls nearly 100% within this definition. Our boarding services area will be totally within a building - all kennels and runs will be enclosed, climate controlled, and inaudible from outside. Our sole variance from the above definition is that we intend to have outdoor exercise yards for the dogs during daytime business hours.***

6 Comparison of area cities zoning regulations regarding Pet Services and Kennels City Name of Use Definition/Requirements Zoning District Special Provisions Sunset Valley Pet Services Pet Services : is the use of a site for the provision of grooming, or boarding services, performed within an enclosed building or structure. The use of any Highway Commercial structure or building for the purpose of boarding or intending to board animals must meet all of the following requirements: 1.The structure or building must be capable of controlling the temperature within the building or structure within limits generally accepted to maintain the health of those species of animals present, of maintaining humidity levels of 30 to 70 percent and of rapidly eliminating odors from within the building; 2.The structure or building must be an enclosure created by the continuous connection of a roof, floor and walls ( a shed or barn set on top of the ground does not have a continuous connection between the walls and the ground unless a foundation and floor are provided); 3.The structure or building must have at least one door for entry and exit that can be opened and closed ( any windows or openings which provide natural light must be covered with a transparent material such as glass or hard plastic); and 4.The structure or building must be designed to be acoustically sound so as to eliminate animal noise from reaching neighboring tenants or adjacent property and designed to adequately contain and restrain the animals present; 5.The pet service must be operated in compliance with all applicable ordinances, laws and regulations including but not limited to licensing requirements. 6.A sign is prominently displayed stating that any unresolved complaints regarding the care of animals or the condition of the premises can be directed to the City of Sunset Valley at Pet services excludes boarding of equine, primates, livestock and large animals as well as the sale of dogs and cats from the premises. Sunset Valley Commercial Kennel Any premises on which three (3) dogs or three (3) cats or more over the age of four (4) months or more are kept for sale or are boarded, trained or bred for remuneration. NONE PROHIBITED Austin Kennels The use of a site for the boarding and care of dogs, cats, or similar small animals. This use includes boarding kennels, pet motels, and dog training centers. Commercial Austin Pet Services The use of a site for the retail sale of small animals customarily used as household pets, or the provision of veterinary, grooming, or boarding services, totally within a building. This use includes pet stores, small animal clinics, and pet grooming shops, but excludes uses for livestock and large animals. Bee Cave Kennels An establishment with indoor or outdoor pens in which more than four (4) dogs or domesticated animals more than one year old are housed, groomed, boarded and trained for commercial purposes. Local Commercial Commercial and Retail Conditional Use Permit required Cedar Park Veterinary Services Veterinary Services in this district are limited to indoor facilities only in this district. Local Retail Cedar Park Boarding kennels An establishment with indoor or outdoor pens in which more than four (4) dogs or any other domesticated animals more than six (6) months old are housed, groomed, bred, boarded, trained, or sold for commercial purposes Commercial Ser vices Special Use Permit required Lakeway Kennels Any premises on which dogs are kept for sale or are boarded, trained or bred for remuneration Commercial/ Light Industrial Special Use Permit required

7 Comparison of area cities zoning regulations regarding Pet Services and Kennels City Name of Use Definition/Requirements Zoning District Special Provisions Westlake Commercial A proposed commercial kennel must comply with the following specific criteria and conditions, as well as the general criteria. Business 2 Special Use Permit Hills kennels required (1) The operations of a commercial kennel, unless otherwise limited by the city council, shall be limited to boarding, training, breeding, selling, veterinary treatment, care and grooming of dogs and cats, and may include the sale of dog and cat accessories and supplies. (2) The following facilities shall be provided and properly maintained: (A) Adequate enclosures to keep animals from running at large; (B) Adequate space within each enclosure for proper exercise; (C) Adequate shelter from the elements; (D) Enclosures that drain properly; and (E) Facilities and program for proper waste disposal and for eliminating odor. (3) An applicant shall maintain animal enclosures in a sanitary condition at all times and shall keep odor from being detectable from off the premises. (4) All dogs and cats brought into or maintained in the city shall be free of infectious or contagious diseases and shall be effectively inoculated against rabies at all times. (5) An applicant shall provide and maintain an effective means to prevent barking sounds from being audible off the premises. (6) The number of animals on the premises at any one time shall be no greater than authorized in the permit issued by the city council. The B 2 district should be reserved for areas where the anticipated impact of the permitted commercial uses is unlikely to have an adverse effect on residential uses or other elements of the community

8 STEARNS LN STEARNS LN 9 1 ")LOOP ERNEST ROBLES WAY JONES RD ² Feet City of Sunset Valley 4934 W US 290 Hwy Parcels within 500 ft LEGEND 4934 W US 290 HWY 500 ft Perimeter Parcels within 500 ft