San Luis Obispo County |
County Code |
Title 22. LAND USE ORDINANCE |
Article 4. STANDARDS FOR SPECIFIC LAND USES |
Chapter 22.30. STANDARDS FOR SPECIFIC LAND USES |
§ 22.30.090. Animal Keeping.
A.
Purpose. This Section limits the number of animals allowed and the methods by which domestic, farm and exotic animals may be kept on private property, under the circumstances specified. This Section is intended to minimize potential adverse effects on adjoining property, the neighborhood and persons in the vicinity from the improper management of animals. Potential adverse effects include but are not limited to the propagation of flies and other disease vectors, dust, noise, offensive odors, soil erosion and sedimentation.
B.
Applicability. This Section applies to any keeping of animals as either an incidental or principal use, except for pet stores. (Pet stores are included under the definition of General Retail in Article 8). Certain specialized structures and facilities for animals (including animal hospitals, kennels, feed lots, fowl, poultry, hog or horse ranches) may also be subject to Sections 22.30.060 (Agricultural Accessory Structures) or 22.30.100 (Specialized Animal Facilities), as applicable.
C.
Limitation on use. Animal keeping is not allowed in the Residential Multi-Family, Office and Professional and Commercial land use categories except for:
1.
The keeping of household pets in an approved residential use; and
2.
Animal facilities allowed in compliance with Section 22.30.060 and
3.
Agricultural uses in urban and village areas in compliance with Section 22.30.200.
D.
Permits and applications.
1.
Permit requirements: None, except as otherwise required by Subsection F. for specific types of animals, or as required by Section 22.30.100 (Animal Facilities) or other provisions of this code for structures used to enclose or house animals; provided that all animal keeping activities are subject to the requirements of this Section regardless of whether a permit is required.
2.
Application content. Where this Section requires land use permit approval for a specific animal raising activity, the permit application shall include the following, in addition to all information required by Article 6:
a.
Site drainage patterns and a statement of measures proposed by the applicant to avoid soil erosion and sedimentation caused by the keeping of animals.
b.
The applicant's plans for animal waste disposal.
c.
Where the site is located within or adjacent to a Residential or Recreation category, a statement of other measures proposed by the applicant for the management of the site and proposed animals to insure that the animals will not become a nuisance to other residents in the vicinity of the site.
E.
Site requirements. Animal keeping is allowed only on sites that comply with the following standards, except for the keeping of household pets in compliance with Subsection F. (Household Pets).
1.
Minimum site area. As provided Subsection F. for the specific animal raising activity.
2.
Setbacks required.
a.
Buildings. Livestock and poultry buildings, barns, stables or other accessory buildings related to the animal raising activity are subject to the setback and other applicable provisions of Section 22.30.060 (Agricultural Accessory Structures), except as otherwise provided in Subsection H.
b.
Outdoor animal enclosures. Corrals, paddocks, pens and other outdoor animal enclosures shall be located as required by the following setbacks:
(1)
Setback from adjoining residential use. Animal enclosures shall be located at least 50 feet from any previously existing dwelling, swimming pool, patio or other living area on property other than the site.
(2)
Setback from streets. As required by Section 22.10.140, animal enclosures shall be located a minimum of 25 feet from a front property line and 10 feet from a street side property line; except that no such setbacks are required in the Agriculture, Rural Lands and Open Space categories, or in the Residential Rural or Suburban categories outside of urban or village areas.
(3)
Setback for specific animals. Where Subsection H. requires a specific setback for a particular animal species, the Subsection H. setback shall prevail.
F.
Permit requirements and minimum site area for animal keeping. The following requirements apply to the keeping and raising of specific types of animals in addition to all other applicable standards of this Section, including but not limited to animal density and other limitations set forth in Subsection H.
Permit Requirements and Minimum Site Areas for Animal Keeping
Type of Animal
or Animal
Keeping
Activity
Permit Requirement
Minimum Site
Area Required
for Animal
Keeping
No Permit
Required
Zoning
Clearance
Minor Use
Permit
Conditional
Use Permit
Animal husbandry (4H or FFA projects) ✓
6,000 sf for small animals; 12,000 sf for small hoofed animals; 1 acre for cattle or horses.
Bees Permit requirement and standards established by Chapter 5.04 of this code
Birds (other than poultry or game fowl)
20 or fewer birds
21 or more birds, or a commercial operation
None for 20 or fewer birds; 6,000 sf for 21 or more birds.
Cattle ✓
1 acre
Fowl & poultry 20 or fewer fowl or poultry
21 to 99 fowl or poultry
100 or more fowl or poultry
No minimum for 20 or fewer; 1 acre for 21 or more fowl or poultry.
Fur bearing animals In AG or RL, or sites larger than 5 acres
Site not in AG or RL, or less than 5 acres
No minimum for 19 or fewer; 1 acre for 20 or more fur bearing animals
Goats & sheep ✓
1 acre
Hogs & swine Site of 5 acres or more
Site less than 5 acres
2-1/2 acres
Horses 29 or fewer horses on 20 acres or more in AG or RL; 14 or fewer horses on 19 or less acres in AG or RL; 14 or fewer horses in other land use categories.
15 to 29 horses on 19 or less acres in AG or RL, or in other land use categories.
30 or more horses
30 or more horses in RSF
1 acre gross
Household pets 3 or fewer cats/ dogs; or household pets other than cats/dogs
The keeping of 4 or more dogs for months of age or older, or 4 or more cats for commercial purposes is considered to be a kennel. The permit requirement is established by Section 22.30.100.G.
No minimum
Rabbits, rabbit farms Any number in AG, RL, or on sites of 5 acres more.
19 or fewer rabbits in other land use categories.
AG or RL, or less than 5 acres, with 20 or more rabbits kept, or keeping is for commercial purposes.
No minimum for 19 or fewer; 1 acre for 20 or more rabbits.
Worm farms ✓
20,000 sf
Zoo animals See Subsection H.11
1 acre
G.
Maintenance and operational standards.
1.
Odor and vector control. All animal enclosures, including but not limited to pens, coops, cages and feed areas shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors. Sites shall be maintained in a neat and sanitary manner.
2.
Erosion and sedimentation control. In no case shall an animal keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel. In the event such sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement in compliance with Chapter 22.74 (Enforcement).
3.
Noise Control. Animal keeping within urban or village areas or in Residential land use categories shall comply with the noise standards established by Section 22.10.120.
H.
Specific animal standards. The following requirements apply to the keeping of specific types of animals, in addition to all other applicable standards of this Section. More than one type of animal may be kept on a single site, subject also to the provisions of Subsection I. The limitations of this Subsection on numbers of animals do not apply to unweaned offspring.
1.
Animal husbandry projects.
a.
General standards. Notwithstanding the other provisions of this Section, except the limitations on use in Subsection C. and the maintenance and operational standards of Subsection G., the keeping or raising of a calf, horse, goat, sheep, hog, chickens, rabbits, birds or other animals as a current and certified (or otherwise documented) 4-H or Future Farmers of America (FFA) official project is subject to the standards Subsection F. for animal husbandry projects.
b.
Enclosure required. On any parcel less than one acre, project animals shall be confined in a pen or fenced area that is located no closer than 25 feet to any residence other than that on the project site. Hogs shall not be located closer than 100 feet from any dwelling other than those on the project site.
2.
Bee keeping. Permit requirements and standards for bee keeping are specified by Chapter 5.04 of this code (Bees).
3.
Birds. Applicants should be advised that the keeping of imported birds may require approval by the U.S. Department of Agriculture, Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game, and/or California Department of Food and Agriculture, in addition to any approval required by this Title.
4.
Cattle.
a.
Animal density. The maximum number of animals allowed is one per acre of site area in the Residential Single-Family category; two per acre in the Residential Suburban category; and three per acre in other categories; except as provided by Subsection H4b. The keeping of cattle at four or more per acre for more than 45 days is considered a feedlot and is subject to Section 22.30.100.C.
b.
Uses not regulated. Cattle operations in the Agriculture, Rural Lands and Open Space categories on parcels larger than 20 acres are not regulated by this Title, except to the extent that land use or construction permits may be required for buildings and structures, and except for feedlots, which are subject to the requirements of Section 22.30.100.C.
5.
Fowl and poultry. The following standards apply to the keeping of fowl or poultry for personal domestic use and the keeping of 20 or fewer fowl or poultry for commercial purposes. The keeping of more than 20 fowl or poultry for commercial purposes is instead subject to Section 22.30.100.D (Fowl and Poultry Ranches).
a.
Limitation on use. No male fowl or poultry shall be kept or raised in a Residential Single-Family category except on parcels of two acres or larger, where all adjacent parcels are of equivalent size or larger.
b.
Animal density. Except where greater numbers are authorized through Minor Use Permit, the number of fowl or poultry allowed on a site shall be limited to a ratio of one mature animal for each 500 square feet of site area, except that 3,000 square feet per mature animal is required for turkeys.
c.
Enclosure required. All mature fowl and poultry shall be contained in coops or pens and not allowed free run of a site.
6.
Fur-bearing animals. The keeping of mink, chinchillas or other animals of similar size is subject to the following standards.
a.
Animal density. No more than 50 mature animals per acre; no limitation when pens are entirely within a building; no limitation in the Agriculture or Rural Lands categories on parcels of 20 acres or larger, or in the Industrial category.
b.
Setbacks. Enclosures for the keeping of animals shall be located no closer than 200 feet from any dwelling other than those on the site.
c.
Enclosure required. All carnivorous animals shall be contained in cages or pens, and not allowed free run of a site.
7.
Goats and sheep (and animals of similar size at maturity). The maximum number of animals allowed in a land use category other than Agriculture and Rural Lands is four per acre of site area, unless Minor Use Permit approval is first obtained. Keeping goats or sheep in the Agriculture or Rural Lands categories is not subject to the provisions of this Title.
8.
Hogs and swine.
a.
Limitation on use. The keeping of hogs and swine is prohibited in the Residential Single-Family category, except as otherwise provided by Subsection H.1.
b.
Animal density. The maximum number of hogs or swine allowed is three sows, one boar and their unweaned litter. More animals constitute a hog ranch, and are subject to Section 22.30.100.E (Hog ranches).
c.
Setbacks. Animal enclosures shall be located no closer than 100 feet from any dwelling other than those on the site.
9.
Horses. The following requirements apply to the keeping of less than 30 of any member of the horse family, including donkeys and mules. The keeping of 30 or more animals or the establishment of equestrian facilities including boarding stables, riding schools and academies and horse exhibition facilities (for shows or other competitive events) constitute specialized animal facilities and are instead subject to Section 22.30.100.F. The keeping of horses for commercial purposes is also subject to the provisions of Title 9 of the County Code.
a.
Permit requirement.
(1)
Agriculture or Rural Lands. No permit required for the keeping of less than 30 horses in the Agriculture or Rural Lands categories on sites of 20 acres or larger.
(2)
Other land use categories, smaller sites. In other than the Agriculture and Rural lands categories (and in Agriculture or Rural Lands on parcels less than 20 acres), no permit required for one to 14 horses; Zoning Clearance for 15 to 29.
b.
Animal density - Single-family areas. The maximum number of horses allowed is one per acre of site area in the Residential Single-Family (RSF) land use category.
c.
Animal density in other than single-family areas.
(1)
Residential Suburban category. Three horses per gross acre are allowed in the Residential Suburban category.
(2)
Parcels less than five acres. Three horses per gross acre may be kept on parcels less than five acres in allowed land use categories.
(3)
Other categories, larger parcels. Four horses per acre may be kept in allowed land use categories on parcels of five acres or larger.
The keeping of horses at greater densities or the keeping of more than 30 horses on a single site constitutes a horse ranch and is instead subject to Section 22.30.046f.
10.
Rabbits and rabbit farms.
a.
Applicability. The raising or keeping of 20 or more rabbits, and the raising or keeping of rabbits for commercial purposes are subject to the standards of this Subsection. The raising or keeping of fewer than 20 rabbits not for commercial purposes, are subject only to the requirements of Subsections C., D., and G.
b.
Animal density. No more than 50 mature animals per acre; no limitation when pens are entirely within an enclosed building; no limitation in the Agriculture or Rural Lands categories on parcels of 20 acres or larger, or in the Industrial category.
11.
Zoo animals. The raising or keeping of animals other than those specified in Subsections H.2 through H.10 that are common to zoos, are carnivorous, poisonous or are not native to North America are subject to the location limitations and permit requirements of Section 22.06.030, Table 2-2, except that:
a.
Where the animals have satisfied all applicable requirements of the U.S. Department of Agriculture, Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game and the California Department of Food and Agriculture, the Director may determine after consultation with appropriate zoological experts that a particular non-carnivorous, non-poisonous animal is substantially similar in its physical characteristics and/or potential effects on a site and persons in the vicinity to one of the animals listed in Subsections H.2 through G.10; and
b.
In this case, the keeping of the particular exotic animal may be allowed subject to the specific provisions of Subsections H.2 through H.11 identified by the Director.
I.
Multiple animal types. More than one species of the animals listed in Subsections F. and H. may be kept on a single site provided that:
1.
The requirements of Subsection H. and all other applicable provisions of this Section are satisfied for each species, except as provided in following Subsections I.2 and I.3.
2.
Where Subsection H. establishes a minimum site area for specific species, the largest minimum site area applicable to any of the proposed animals shall apply.
3.
Where multiple proposed animal species have equivalent animal density requirements established by Subsection H., the total number of animals shall not exceed the density requirement. (e.g. cattle and horses are both limited to a density of two per acre of site area in the Residential Rural land use category. A site with two acres of pasture area could have as many as four horses or cows, or any combination of horses and cows, as long as the total did not exceed four.)
[Added 1986, Ord. 2290; amended 1987, Ord. 2309; 1992, Ord. 2553; 1999, Ord. 2880; 2009, Ord. 3183] [22.08.044]