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Westerly
Town of Westerly Zoning Ordinance
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§ 260-79.1

Pet day-care facility

[Added 6-8-2020 by Ch. No. 1990]

  • A. Definition. An establishment that provides food, shelter, water and day care for dogs, cats and other similar domestic household pets (collectively "pets") for all or part of the day only. This use primarily provides daytime, cage-free play, care, and supervision of pets indoors and outdoors to promote animal wellness and socialization but may have crates to house to pets in the event of illness, injury, or as deemed essential and necessary.
  • B. Approval required. An application for a pet day-care facility shall be made to the Zoning Enforcement Officer.
    • (1) When the use is permitted by right, the Zoning Enforcement Officer may grant approval administratively, provided that all of the requirements set forth in this section are met.
    • (2) When the use requires a special use permit, the Zoning Enforcement Officer shall refer the application to the Zoning Board of Review for review and approval pursuant to the standards set forth in this section, which may not be varied or waived, and in accordance with the procedures set forth in § 260-34.
  • C. Standard requirements. In addition to the use and dimensional requirements for the district in which the pet day-care facility is located, the following standard requirements must be met.
    • (1) Pet day-care facility, without outside runs:
      • (a) All buildings, structures and facilities shall be a minimum of 100 feet from any residential structure and a minimum of 100 feet from any residential lot line.
      • (b) Outdoor play, care and exercise is permitted for short periods of time and only in enclosed areas where human supervision is present the entire time.
    • (2) Pet day-care facility, with outside runs:
      • (a) The minimum lot area shall be three acres.
      • (b) All buildings, structures, and facilities shall be a minimum of 150 feet from any residential structure and a minimum of 150 feet from any residential lot line.
      • (c) Outdoor play, care and exercise areas shall be fenced and shall provide shelter and water, proportionate to the number of pets, from weather elements to include the sun.
      • (d) There shall be no greater than five runs, and each run shall only be used by one pet at a time.
    • (3) Standards applicable to all pet day-care facilities.
      • (a) Play, care, and exercise areas are prohibited in the front yard area.
      • (b) Adjacent properties shall be adequately protected from noise, odors, and unsightly appearance.
      • (c) Animals shall be confined to the lot at all times.
      • (d) The area of operation shall be completely enclosed. External play areas shall be completely fenced.
      • (e) The facility operator shall require proof that each animal is licensed by the municipality where the animal is kept, if applicable, and shall require proof that each animal has up-to-date rabies, DHLIPP (or DA2PP) and Bordatella vaccinations, if applicable.
      • (f) On-site waste facilities shall be designed to accommodate all animal waste generated and shall include hosing and cleanup capabilities.
      • (g) The facility shall be allowed to operate no greater than 5:00 a.m. to 7:00 p.m. every day.
      • (h) The use shall be subject to the provisions of the Westerly Code of Ordinances, including without limitation Chapter 76, Animals, §§ 76-10 and 76-11.
      • (i) The use shall be subject to all federal and state statutes and regulations, including without limitation Rules and Regulations Governing Animal Care Facilities, 250-RICR-40-05-4, of the Rhode Island State Regulations.
      • (j) The facility operator shall maintain the appropriate license(s) required for operation by the State of Rhode Island and Town.
      • (k) The facility shall be designed, constructed, or retrofitted and maintained so that sound emitted through exterior walls and roofs enclosing areas where pets are kept and shall not exceed 45 decibels, measured by DBA scale.
      • (l) The owner or applicant shall provide certification from a registered architect or acoustical engineer that the facility will meet the sound requirements of this section.
      • (m) Animals causing a nuisance outside shall be controlled or taken inside if the animal cannot be controlled immediately.
      • (n) Accessory uses may include training, behavioral counseling, grooming, and retail sales of pet food and pet accessories and toys.
      • (o) The use shall not include breeding facilities, kennels, or overnight boarding.
    • (4) Application requirements. All applications for a pet day-care facility shall include the following:
      • (a) A copy of each license required by the State of Rhode Island.
      • (b) A detailed floor plan of the facility which shall include the following:
        • [1] Indoor and outdoor runs or cages, if applicable;
        • [2] Interior and exterior doors;
        • [3] Windows and vents;
        • [4] Heating and cooling system;
        • [5] Lighting;
        • [6] Isolation or quarantine cages/runs/rooms;
        • [7] Food storage;
        • [8] Front desk or reception area;
        • [9] Cooler and/or freezer;
        • [10] Location of sprinklers and fire suppression systems;
        • [11] Posted emergency evacuation plan or map;
        • [12] Waste receptacles; and
        • [13] Drainage systems.
      • (c) A statement of the maximum number of animals, by species, that the facility can accommodate.
      • (d) A written plan for treating injured animals.
      • (e) A written plan stating what will be done with aggressive animals.
      • (f) A written evacuation plan for people and animals.
      • (g) A list, and mailing labels, with the names and current addresses of property owners within the notice area.
    • (5) All licenses granted pursuant to the provisions of this chapter are subject to the prior approval of proper authorities as specified in § 158-3.