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preexisting structure of two (2) or more stories. These provisions will not apply to anyone who erects a residential structure of two (2) stories or more in height or to anyone who erects a commercial kennel if, in erecting the structure or kennel, that person: (1) Provides a barrier that will impair the vision between the kennels and the residential structure to at least the same extent as if a two-hundred-foot setback were used, and provides sufficient sound-retardant materials to produce no more than the same decibel level than if a two-hundred-foot setback was maintained. The decibel level shall be measured both at the kennel and at the residential structure; or (2) In the alternative, provides visual and sound standards that, in the opinion of the director of planning and development services, are equal to or greater than those required by the provisions of (1) above. (e) The residence of a commercial kennel operator or owner shall not be deemed a residential structure as applied in the language of this section. (f) The development and occupation of buildings for human habitation within the distances prescribed above by others than the kennel owner or operator or grantees, directly or indirectly, from or through the kennel owner or operator following the proper establishment of kennels, shall not render the maintenance of such preexisting kennels unlawful by reason of the diminished separation of the kennel use and the use of buildings for human habitation. (g) Enforcement. The director of planning and development services shall not approve for issuance any building permit until he has assured himself that the provisions of this section have been met. Section 5. Section 5-72 of Chapter 5 of the Santa Ana Municipal Code is amended to read as follows: Sec. 5-72. Declaration and possession of vicious or potentially dangerous dog. (a) General Provisions. (1) If the Animal Services Officer or Police Officer has cause to believe that a dog is a "vicious dog or potentially dangerous dog" within the meaning of section 5-72.1, he or she may tentatively find and declare such dog a "vicious dog or potentially dangerous dog." (2) Upon tentatively finding and declaring that a dog is a "vicious dog or potentially dangerous dog," the Animal Services Officer or Police Officer Ordinance No. NS-XXX Page 3 of 12 11 A-3