Bellflower City Zoning Code
CHAPTER 17
120 ANIMAL PERMIT
§ 17.120.010 Purpose and Intent.
The Animal Permit is established to permit the keeping or maintaining as a pet, or for the personal use of members of the family residing on the premises of:
A.
Wild or domestic animals not specifically classified which will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and
B.
Wild animals exceeding the number permitted, which will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of such site.
(Prior code § 1928.1)
§ 17.120.020 Filing of Application.
Any person desiring an Animal Permit provided for in this chapter may file an application with the Director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the Commission or City Council on an application requesting the same, or substantially the same permit.
(Prior code § 19-28.2)
§ 17.120.030 Contents of Application.
An application for an Animal Permit shall contain the following information:
A.
The name and address of the applicant and of all persons owning any or all of the property proposed to be used.
C.
The location of the subject property (address or vicinity).
D.
The legal description of the property involved.
E.
The type and number of animals requested.
F.
A site plan indicating:
1.
The area and dimensions of the building or enclosure wherein the animal or animals are to be kept or maintained, as well as the locations and dimensions of all other structures within a distance of 50 feet from the exterior boundaries of such building or enclosure; and
2.
Site drainage patterns where appropriate.
G.
A statement specifying plans for waste disposal.
H.
A list of the names and addresses of all persons who are shown on the latest available assessment roll of the County of Los Angeles, as owners of the subject property and as owning property adjacent to the exterior boundaries of the lot on which the animals are to be maintained.
Where a public hearing is requested as provided in Section 17.120.070, an additional list of the names and addresses of all persons who are shown on the latest available assessment roll of the County of Los Angeles as owning property within a distance of 300 feet from the exterior boundaries of the lots on which the animals are to be maintained, shall be submitted.
(Prior code § 19-28.3)
§ 17.120.040 Burden of Proof.
In addition to the information required in the application by Section 17.120.030, the applicant shall substantiate to the satisfaction of the Director and/or Commission the following facts:
A.
That the requested animal or animals at the location proposed will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and
B.
That the proposed site is adequate in size and shape to accommodate the animal or animals requested without material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site.
(Prior code § 19-28.4)
§ 17.120.050 Fees Required.
When an application is filed, it shall be accompanied by the filing fee and deposit as required in Chapter 17.108.
(Prior code § 19-28.5)
§ 17.120.060 Responsibility of Director.
A.
In all cases where an application is filed the Director shall cause a notice indicating the applicant's request at the location specified to be forwarded by first class mail, postage prepaid to:
1.
All persons whose names and addresses appear on the latest available assessment roll of the County of Los Angeles as owning property adjacent to the exterior boundaries of the property on which such animals are to be maintained, provided however, that where the closest point that such animal is to be kept or maintained is 500 feet or more from such adjoining property, this chapter shall not apply.
2.
A notice addressed to "occupant" or "occupants" in all cases where the mailing address of any owner of property required to be notified under the provisions of Subsection (A) of this section is different than the address of such adjacent property.
3.
The Director of the Department of Animal Control and the Director of the Department of Health Services, requesting their technical opinion relative to the ability of the applicant to maintain such animals properly as indicated in the application and site plan.
4.
Such other persons whose property might in high judgment be affected by such application or permit.
B.
Such notice shall also indicate that any individual opposed to the granting of such permit may express such opposition by written protest to the Director within 10 days after receipt of such notice.
(Prior code § 19-28.6)
§ 17.120.070 Action of the Director.
A.
The Director shall approve an application for an Animal Permit where no protest to the granting of such permit is received within the specified protest period.
B.
The Director shall deny an application for an Animal Permit in all cases where:
1.
The report of the Department of Animal Control or Health Services indicates that such animals may not reasonably be maintained as specified in the application or;
2.
Two written protests are indicated. Protests received from both the owner and the occupant of the same property shall be considered to be one protest for purposes of this section. In all cases where the Director denies an application, he or she shall so inform the applicant in writing, and in such notice shall also inform him/her that if within 30 days after receipt of such notice he or she files such additional information as the Director may require, and pays an additional fee, the amount of which shall be stated in the notice, a public hearing will be scheduled relative to such matter before the Planning Commission. Such additional fee shall be the difference between the fee paid and the fee for public hearing as specified in Chapter 17.104.
(Prior code § 19-28.7)
§ 17.120.080 Hearing.
In all cases where a public hearing is requested, the Planning Commission shall hold such public hearing. The public hearing shall be held pursuant to the procedure provided in Chapter 17.108.
(Prior code § 19-28.8)
§ 17.120.090 Findings and Decision.
A.
The Planning Commission shall recommend approval and the City Council shall approve an application for an Animal Permit where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:
1.
That the requested animal or animals at the location proposed will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and
2.
That the proposed site is adequate in size and shape to accommodate the animal or animals requested without material detriment to the use, enjoyment or valuation of property of other persons located in the vicinity of the site.
B.
The Commission shall deny the application where the information submitted by the applicant and/or presented at public hearings fails to substantiate such findings to the satisfaction of the Commission.
(Prior code § 19-28.9)
§ 17.120.100 Conditions.
The Director or Commission in approving an application for an Animal Permit shall impose such conditions as are deemed necessary to impose that such animals will be kept or maintained in accord with the findings required by Section 17.120.090. Conditions imposed may involve any pertinent factors affecting the keeping or maintenance of the animal or animals for which such permit is requested.
(Prior code § 19-28.10)
§ 17.120.110 Appeal.
A.
Any person dissatisfied with the action of the Director in cases other than denial of an Animal Permit as provided in Section 17.120.070 may file an appeal of such action with the Commission. Upon receiving a notice of appeal the Commission shall take one of the following actions:
1.
Affirm the action of the Director; or
2.
Refer the matter back to the Director for further review with or without instructions; or
3.
Set the matter for public hearing before itself. In such case, the Commission's decision may cover all phases of the matter, including the addition or deletion of any condition.
B.
In rendering its decision, the Commission shall not hear or consider any argument or evidence of any kind other than the record of the matter received from the Director, unless it is itself conducting a public hearing on the matter.
(Prior code § 19-28.11)
§ 17.120.120 Effective Date.
A.
The decision of the Director shall become final and effective 15 days after receipt of notice of action by the applicant, provided no request for public hearing has been filed by such applicant or other appeal of the action taken has been filed with the Commission within such 15 days following notification; or
B.
The decision of the Commission shall become final and effective 15 days after receipt of notice of action by the applicant, provided no appeal of the action taken has been filed with the City Council pursuant to Section 17.112.020.
(Prior code § 19-28.12)