Web page revised 1.1.26

What is a kennel?

Kennels are divided into two categories – Private and Commercial.

A private kennel is defined as any premises where:

• Between five (5) and nine (9) dogs over six (6) months of age are kept; and,
• Boarding, training and shows are not allowed; and,
• There are two (2) or fewer litters in any twelve (12) month period.

A commercial kennel means any of the following:

• Any premises used to conduct a commercial business involving the buying, selling, breeding for sale, letting for hire, boarding or training of dogs;
• Any premises at which ten (10) or more adult dogs are kept for any purpose, including animal shelters, but excluding animal hospitals or clinics where animals are kept only for treatment by licensed veterinarians;
• Any premises where offspring puppies or adult dogs are sold to commercial outlets or are sold for research or experimental purposes;
• Any premises where offspring from three (3) or more litters in a twelve (12) month period are sold or traded, exchanged or bartered for a valuable consideration or joint ownership purpose; or,
• Any premises used as the location for the training of dogs for obedience, hunting, protection, etc. (if the address is different from the office address), or the premises are used as a combination office/training location, except if the training site is property belonging to a recognized school district, municipal body or not-for-profit organization.

Animal boarding facilities and animal day use facilities are not considered kennels and are separately regulated in Clark County.

Where are commercial kennels allowed?

Commercial kennels are allowed within the following Rural Zones:

• Forest (FR-40 & FR-80)
• Agriculture (AG-20)
• Rural Residential (R-5, R-10, R-20)
• Rural Center Residential (RC-1 & RC-2.5)
• Rural Commercial (CR-1 & CR-2)
• Urban Reserve (UR-10, UR-20, UR-40)

Commercial kennels are also allowed within the following Urban Zones:

• Commercial (C-3 & GC)
• Industrial (ML & MH)
• Business Park (BP)
• Office Campus (OC)

Commercial kennels are not allowed in the Urban Residential zones, the Neighborhood Commercial zone, or the Agriculture/ Wildlife zone.

Is a permit or license required for a kennel?

Operators of commercial kennels in the rural area are required to obtain approval of a Type II kennel review application.

In the Urban Area, commercial kennels are subject to specific review processes depending on their proposed location, as follows:

• In the Community Commercial (C-3) zone, a commercial kennel in an enclosed building requires approval of a Conditional Use Permit. No outdoor facilities are allowed.
• In the General Commercial (GC) zone, a commercial kennel including an outdoor activity area requires approval of a Conditional Use Permit. A commercial kennel with no outdoor facilities may be approved through a Type II Site Plan Review.
• In the Light Industrial (ML), Heavy Industrial (MH), Business Park (BP), and Office Campus (OC) zones, a commercial kennel with or without outdoor facilities may be approved through a Type II Site Plan Review.

NOTE: A different and separate license issued by Clark County Animal Protection and Control is also required for all commercial kennels in Clark County. Visit Facility Licenses or call 564.397.2489 for information.

What standards apply to the approval and operation of a kennel?

• Commercial kennels, where allowed in the rural zones, are subject to the following:
  In the rural area, structures housing dogs shall be setback a minimum of fifty (50) feet from all property lines.
  • If the structure is sufficiently enclosed at all times to mitigate noise impacts to abutting properties, no landscaping buffer is required outside the structure.
  • If the structure is not sufficiently enclosed at all times to mitigate noise impacts to abutting properties, an L3 landscaped buffer is required between the structure and abutting properties; provided that if the structure is over one hundred twenty-five (125) feet to any property line, no landscaped buffer is required.
• Outdoor runs and outdoor exercise areas shall be screened from abutting properties as follows:
  • Runs and exercise areas less than fifty (50) feet to any property line shall provide a ten (10) foot wide L4 landscaped buffer between the run or exercise area and the property line.
  • Runs and exercise areas between fifty (50) feet and one hundred twenty-five (125) feet to any property line shall provide an L3 landscaped buffer between the run or exercise area and the property line.
  • Landscaping may be placed immediately outside the run or exercise area, or may be placed along the perimeter of the site, provided all portions of the run or exercise area are screened from view of abutting properties.
• The responsible official may reduce or waive the need for the setbacks and/or screening requirements above when circumstances such as topography, existing dense vegetation that is likely to remain, or distance from neighbors clearly make such mitigation unnecessary.
• Dogs shall be kept in an enclosed soundproof structure between the hours of 10:00 pm and 7:00 am.
• Noise levels are subject to the maximum allowable environmental noise levels in WAC 173-60-040 Table 40.260.110-1.
• Kennels shall not cause external effects such as increased lighting or glare on nearby properties, or odors that are readily detectable at any point beyond the property line of the facility.
• All kennels shall comply with the requirements in Titles 8 (Animals), 14 (Building), 15 (Fire), and 24 (Public Health).
• Commercial kennels shall be reviewed using a Type II process as specified in Clark County Code (CCC) Section 40.510.020, demonstrating that the proposal complies with all applicable development and performance criteria.
• Minimum lot size is five acres. Parcels that are less than five acres may be combined if abutting and under the same ownership to meet the five acre minimum requirement. Commercial kennels that have been in operation since April 15, 2011 may be approved on less than five acres provided that a fully complete application is submitted by August 15, 2013. If setback requirements cannot be met, the responsible official may impose additional conditions to mitigate impacts.
• In addition to describing the scope of the kennel operation, the narrative shall specifically address how the proposal will meet noise standards, the provision of adequate parking, and shall include a plan for dog waste disposal and runoff.
• Parking shall meet the requirements in CCC 40.340.010, except that parking areas need not be paved as required in CCC 40.340.010.A.8.
• One (1) sign of 16 square feet or less is allowed. A separate sign permit is not needed if included with the kennel application.
• Applications for kennels on a private road shall include evidence that safety and maintenance impacts are adequately mitigated. Impacts to be addressed shall include, but are not limited to: dust, noise, trip generation, road safety, and maintenance. Evidence of mitigation of impacts on the private road may be through a neighbors agreement provided at the time of application. For purposes of the agreement, ‘neighbors’ shall include all who are entitled to use the private road.
• Applications for commercial kennels shall include all items in CCC Table 40.510.050-1 lines 1-9.a. In addition, a scaled site plan showing the name and width of any road frontage, dimensioned property lines, the location of buildings, dog runs, outdoor exercise areas, driveways, parking areas, landscaping, distances to the closest off-site residences, and environmental features including watercourses, wetlands, and geo-hazard areas. Additional information may be required on a site-specific basis to determine whether the application meets or can meet the code requirements.

Commercial kennels in the urban area. The following standards and provisions shall apply to commercial kennels in the C-3, GC, ML, MH, BP and OC zones:

• Setbacks for structures and allowed outdoor runs and exercise areas for commercial kennels requiring a conditional use permit are determined by the conditional use criteria in CCC 40.520.030.G.2. Setbacks for indoor commercial kennel facilities not subject to conditional use requirements are determined by the applicable landscaping buffers in CCC 40.320.010.
• Outdoor dog runs and exercise areas are prohibited within one hundred twenty-five (125) feet of residential zoning districts.
• At a minimum, noise levels are subject to the maximum allowable environmental noise levels in WAC 173-60-040 Table 40.260.110-1. Kennels requiring a conditional use permit may be subject to lower noise levels.
• Kennels shall not cause external effects such as increased lighting or glare on nearby properties, or odors that are readily detectable at any point beyond the property line of the facility.
• Site plan review subject to CCC 40.520.040 is required.
• In addition to describing the scope of the kennel operation, the narrative shall specifically address how the proposal will meet noise standards, the provision of adequate parking, and shall include a plan for dog waste disposal and runoff.

Is a Pre-Application Conference required?

A Pre-Application Conference is required before submitting an application for a commercial kennel. The requirement for a conference may be waived if the responsible official determines that the proposal is relatively simple. A waiver requires the applicant to submit a completed Pre-Application Review Waiver Request Form and fee.

What is the application process?

The applicant must submit a completed and signed application form along with the application fees listed below, and all of the items listed below under Submittal Requirements. See Type II Process – Clark County Code 40.510.020. All Land Use reviews are completed online. 

What if I didn’t submit all of the required information?

The county conducts two application checks to ensure that applications are complete before staff begins their development review process. Prior to accepting your application, the staff will conduct a Counter Complete review of your submittal package. This initial review ensures that all main listed within the submittal requirement lists have been submitted before accepting your application.

Once your application is accepted, the original submittal package is routed to our review staff. Staff conducts a second completeness check, known as the Fully Complete review. This more detailed review ensures that all required items have been submitted. As an example, does the Site Plan include the location and dimensions of all structures, outside storage areas, and activity areas?

If required items are missing from your original submittal, you will receive a letter of Not Fully Complete with a list of the missing items. If you have not submitted the requested information within 30 days of this written request, staff will return your application and refund the application fee, less the processing costs incurred to date.

If all of the submittal requirements have been met, you will receive a Fully Complete determination letter and be vested on the date you submitted the Fully Complete application.

What kind of public notice is provided?

A public notice describing the proposal will be sent to owners of property located within a 1,000' radius of the project (for rural commercial kennels), or a 500' radius of the project (in urban areas), the area neighborhood association representative, and to the applicant. This notice is sent within 14 calendar days from the Fully Complete date.

The notice will invite written comments to be submitted within 15 calendar days of the date of the notice. Copies of any written comments received in a timely manner will be sent to the applicant. The applicant may submit a written response to the comments received within 14 days from the date the comments are sent to the applicant.

Who makes the decision and when will it be made?

For a Type II review, a decision by the county will be sent to the applicant within 78 days of a Fully Complete determination.

When is a Conditional Use Permit required?

A Conditional Use Permit  is required only for a commercial kennel located within the Neighborhood Commercial (C-3) zone, or for a commercial kennel in General Commercial (GC) zone that has outdoor facilities.

What is the conditional use review process?

If a kennel requires a Conditional Use Permit(CUP), it is subject to a Type II-A review process, which requires the applicant to hold a neighborhood meeting prior to submitting the CUP application. The Type II-A is an administrative review including a public notice; however, a Type III (public hearing) process may be required if requested by any party within 21 days from the date the public comment period began, or as determined by the Community Development director. The applicant may also elect to apply directly for a Type III conditional use review, in which case the neighborhood meeting is not required.

The Type III process requires a public hearing before the county Hearings Examiner. In making the decision, the review authority must determine whether the conditional use proposal meets the requirements of the applicable sections of the Clark County Code. This decision is made after reviewing the proposal and considering testimony from the public. The review authority will approve, approve with conditions, or deny the application.

In the Type II-A process, staff will issue the decision in a report containing findings of fact and conditions of approval. This decision may be appealed to the Hearings Examiner by the applicant or any party of record. The Hearings Examiner will hear an appeal in a public hearing.

In the Type III process, the Hearings Examiner will issue the decision in a written Final Order after considering staff’s recommendation, the applicant’s testimony, and testimony from the public. The Hearings Examiner’s decision may be appealed to Superior Court of Clark County.

See Appeals for more information.

L3 Screening Standards
Intent. The L3 standard provides physical and visual separation between uses or development principally using screening. It is used where such separation is warranted by a proposed development, notwithstanding loss of direct views.

Required Materials. The L3 standard requires enough high shrubs to form a screen six feet high and 95 percent opaque year around. In addition, one tree is required per 30 lineal feet of landscaped area or as appropriate to provide a tree canopy over the landscaped area.

Groundcover plants must fully cover the remainder of the landscaped area. A six-foot high wall or fence that complies with an F1 or F2 standard (see Figure 40.320.010-6 and Figure 40.320.010-7 below) with or without a berm may be substituted for shrubs, but the trees and groundcover plants are still required.

When applied along street lot lines, the screen or wall is to be placed along the interior side of the landscaped area (see Figure 40.320.010-3 below).

 Figure 40.320.010-3 
L3 - High Screen Landscaping

L4 Screening Standards
Intent. The L4 standard is used where extensive screening of visual and noise impacts is needed to protect abutting sensitive uses and/or there is little space for separation between uses.

Required Materials. The L4 standard requires a six (6) foot high wall that complies with the F2 standard (Figure 40.320.010-7). When abutting another property, the wall shall abut the property line. When abutting a street or road right-of-way, the wall shall be on the interior side of the landscaped area. One (1) tree is required per thirty (30) lineal feet of wall or as appropriate to provide a tree canopy over the landscaped area. In addition, four (4) high shrubs are required per thirty (30) lineal feet of wall. Groundcover plants must fully cover the remainder of the landscaped area (see Figure 40.320.010-4 below).

Figure 40.320.010-4
L4 - High Wall Landscaping

Figure 40.320.010-7
F2 - Totally Sight Obscuring Fence

Submittal Requirements

All land use reviews are completed online.

Refer to the Type II, II-A and III Submittal Requirements handout.

Follow the Land Use Application Submittal Process and these instructions on how to apply online.

Contact planningapps@clark.wa.gov with questions on how to apply.  

In addition to the Type II checklist requirements, the applicant must include the following information:

1. Site plan - A site plan, drawn to scale, must be submitted that identifies the following:
   • Location (i.e., distances from property line to structures) and dimensions of all structures, and outside activity areas
   • The name and width of any road frontage, dimensioned property lines, the location of buildings, dog runs, outdoor exercise areas, driveways, parking areas, landscaping, distances to the closest off-site residences, environmental features including watercourses, wetlands, and geo-hazard areas
   • Location of existing vegetation to remain, to include species, width and height
   • Location of existing berms, fences and/or walls to remain
   • Location, species, width and height of proposed vegetation
   • Location, width and height of proposed berms, walls and fences
2. Written narrative - A written narrative must be submitted to include the following:
   • A description of the kennel business, including activity levels, size of outdoor facilities, how the proposal will meet noise standards, the provision of adequate parking, include a plan for dog waste disposal and runoff, number of employees (if any), number of daily customers and deliveries, etc.
   • How the proposed kennel meets each of the applicable criteria in Clark County Code Section 40.260.110.
   • How the issues identified in the Pre-application Conference Report are addressed.
3. History evidence (if applicable) - Applicants for existing commercial kennels that have been established on a site of less than five acres must submit documentation proving that the kennel was established on the site prior to April 15, 2011.
   • Acceptable documentation may consist of, but is not limited to, one or more items such as:
     • Dated business receipts showing types of service or goods provided
     • Statements or records from utilities, such as power, water or gas, which indicate the date and type of use
     • Income tax records
     • Dated listings in telephone, business or Polk directories
     • Records of the County Assessor
     • Building, land use or development permits
     • Dated photographs, newspaper clippings, and other relevant documentation
     • Notarized affidavits from neighbors or persons who have observed the use over the required period of time may assist in substantiating its presence but shall not be the primary document upon which a determination is based
4. Noise study showing how the site will comply with WAC173.60-040 as shown in Table 40.260.110-1.

Fee schedule

The following fees are required to be paid when the application is submitted.

If your kennel requires a Conditional Use Permit, refer to Conditional Use Permit for the applicable fees.

A Legal Lot Determination may be required if a previous legal review has not been completed.  

All remainder fees must be paid within three (3) days to avoid the project going on hold.

Type II Review 
Planning: $4,790
Issuance: $53
Plus, if private road access: $958
          
Engineering deposit: $200
Issuance: $53
Engineering will bill at an hourly rate which must be fully paid before application is approved or finalized.

SEPA review, if applicable: $2,174
Issuance: $53                
    
Fire Marshal review, if applicable: $434

Reference

Clark County Code 40.260.110 Kennels