§ 5.10. Kennels and Veterinary Clinics.

5.10.01. Kennels, Breeding, Indoor or Outdoor, Kennels, Boarding, Indoor or Outdoor and Veterinary and Animal Clinic:

A.

Location: It shall be unlawful for any person to maintain or construct a kennel or veterinary clinic within five hundred (500) feet of any dwelling, school, church, hospital, nursing home or day care and within five hundred (500) feet from any residential property line.

B.

Existing kennels and veterinary clinics operating legally on February 11, 1993 or at the time of annexation to the City of Santa Fe and continuously thereafter, with no cessation of activity longer than ninety (90) days, are exempt from the distance limitation. Cessation of activities for a longer period shall require full compliance with these provisions and issuance of a new occupancy certificate before resuming kennel activities.

C.

Exception: Kennel, Boarding, Indoor or Veterinary and Animal Clinic meeting at least the minimum standards of paragraph 5.10.02 following.

5.10.02. Qualifications for Separation Reduction for Kennels, Boarding, Indoor Use or Veterinary and Animal Clinic use:

A.

Any animal outside the building or tenant space envelope shall be under the supervision of a staff handler and shall be limited to four (4) animals at one time per handler.

B.

Animals shall be permitted outside the building or tenant space envelope only during the hours of 7:00 a.m. to 8:30 a.m. and during the hours of 4:00 p.m. to 6:00 p.m. except briefly during the time animals are being delivered to or picked up from the facility.

C.

In addition, "special needs" animals may be exercised outside the building or tenant space between the hours of 11:00 a.m. and 1:00 p.m. while under the direct control and supervision of staff handler at the ratio of one (1) animal per handler.

D.

The building housing the animals shall be built or modified to provide sound attenuation as follows:

1.

The owner shall obtain the services of a qualified acoustical engineer and shall construct or modify the building or space to the design and specifications of said acoustical engineer in compliance with the criteria below.

2.

The building envelope shall reduce the sound energy of a one hundred twenty (120) dBA source, (with the noise characteristics of barking dogs), to a maximum of ten (10) dBA above the outside ambient sound level, at the property line or demising wall, as measured with a calibrated Type II sound level meter, to an accuracy within (+ or -) two (2) dBA, as specified in current ANSI specifications. The ambient noise levels shall be based on the average sound levels occurring between 2:00 a.m. and 5:00 a.m., measured at the property line or demising wall, and located at a point between the building or tenant space and the nearest neighboring building, tenant space or district classified as a restrictive use or district in Paragraph 5.10.01(A) "Location" above or the nearest residential property line, whichever is closer.

3.

Acoustical engineer's credentials and test results demonstrating compliance, acceptable to the Zoning Officer, shall be submitted to the City prior to issuance of any kennel Occupancy Permit or the placement of animals in the facility.

(Ord. No. 10-2003, 4-24-2003)