§ 62-1958. Captive wildlife.

Notwithstanding state permitting requirements for captive wildlife, properties that accommodate the possession and maintenance of captive wildlife shall require a conditional use permit. A conditional use permit for the possession, care and maintenance of captive wildlife shall be subject to compliance with the following:

(1)

Definitions: For the purposes of this section, the following shall apply:

Cage and/or enclosure means the primary containment area for captive wildlife and shall be, at a minimum, in accordance with state requirements. Such containment areas may be larger than minimum state standards, unless otherwise prohibited by the state. The terms cage and/or enclosure are intended for interchangeable use, depending upon the type of containment required by the state.

Captive wildlife means wildlife as defined by the state fish and wildlife conservation commission as class I and class II species. Categorization of wildlife (class I and class II) as referenced herein shall be the same as set forth by the state fish and wildlife conservation commission.

Facility means the site at which class I or class II animals are kept or exhibited.

Possessor means the individual(s) granted permit(s) from the state fish and wildlife conservation commission to possess captive wildlife.

(2)

Zoning and minimum site area requirements.

a.

The possession and maintenance of captive wildlife shall only be permitted in the PA, AGR and AU zoning classifications, subject to compliance with the requirements of this section.

b.

Facilities for class I animals shall be constructed and maintained on five or more contiguous acres of property owned or leased by the possessor.

c.

Facilities for class II animals shall be constructed and maintained on two and one-half or more contiguous acres of property owned or leased by the possessor.

(3)

Minimum perimeter buffering requirements. The facility shall have a buffer zone of not less than 35 feet in width between the primary cage/enclosure area and the facility property line. Captive wildlife shall not be permitted within this perimeter buffer area.

(4)

Minimum spacing from other residential uses. No cage or enclosure shall be permitted within 300 feet of a residence under different ownership as measured from the closest wall of the primary cage(s) and/or enclosure(s) containing the wildlife to the nearest exterior wall of the closest residence.

(5)

Requirement for state licensure. The possessor shall be licensed by the state for the type(s) and number(s) of captive wildlife, the location of the facility and cage(s)/enclosure(s) utilized to maintain the wildlife.

(6)

Requirement for cages/enclosures. Cage(s) and/or enclosure(s) shall be designed and constructed to meet or exceed the minimum requirements of the state. The cage(s) and/or enclosure(s) of a facility shall be bounded by a fence in accordance with standards set forth by the state fish and wildlife conservation commission. This fencing is intended to prevent escape from the property of any wildlife that may escape from primary caging.

(7)

Existing facilities. The standards set forth in this subsection shall apply to facilities for captive wildlife established upon or after May 19, 2005. Expansion of facilities existing prior to May 19, 2005 for the purposes of accommodating additional captive wildlife shall require that the entire facility be brought into full compliance with the standards set forth in this subsection.

(8)

Existing facilities with approved conditional use permits. Conditional use permits for captive wildlife (formerly referred to as conditional use permits for wild animals and poisonous reptiles) granted prior to the date of adoption of this ordinance shall remain valid, provided that the facility and/or property approved for the conditional use permit is not expanded. Expanded facilities shall be subject to subsection (7) above.

(9)

Exclusions. The provisions of this section do not apply to parks, zoos, pet shops, veterinarians, licensed animal rehabilitators, medical or scientific institutions, or other places permitted under applicable zoning restrictions.

(Ord. No. 2005-25, § 6, 5-19-05)

Editor's note

Ord. No. 2005-25, § 6, adopted May 19, 2005, amended § 62-1958 in its entirety to read as herein set out. Formerly, § 62-1958 pertained to wild animals and poisonous reptiles, and derived from the Code of 1979, § 14-20.16.2(B)(57), and Ord. No. 98-18, § 1, adopted March 26, 1998.