§ 23.08.046. Animal Raising and Keeping (S-3).

The raising or keeping of animals as either an incidental or principal use shall comply with the requirements of this section, except for pet stores (which are included under the Land Use Element definition of General Merchandise Stores and are instead subject to the provisions of Chapters 23.03 (Permit Requirements) and 23.04 (Site Design Standards) of this title). Certain specialized structures and facilities for animals (including animal hospitals, kennels, feed lots, fowl, poultry, hog or horse ranches) may also be subject to the requirements of Sections 23.08.041 (Agricultural Accessory Structures) or 23.08.052 (Specialized Animal Facilities), as applicable.

a.

Purpose. It is the purpose of these regulations to limit under specified circumstances the number of animals allowed and the methods by which domestic, farm and exotic animals are kept on private property. It is the intent of this section to minimize potential adverse effects on adjoining property, the neighborhood and persons in the vicinity from the improper management of such animals. Such 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.

Limitation on use. Animal raising or 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 conjunction with an approved residential use; and

(2)

Specialized Animal Facilities allowed pursuant to Section 23.08.052; and

(3)

Interim Agricultural Uses pursuant to Section 23.08.050.

c.

Permits and applications.

(1)

Permit requirements. None, except as otherwise set forth in subsection f. of this section for specific types of animals, or as required by other provisions of this code for structures used to enclose or house animals; however, a Minor Use Permit shall be required for development within Sensitive Resource Areas for all new animal raising and keeping activities or facilities, except where such activities or facilities are associated with the production of agricultural products (as defined by Section 23.11.030 of this title). All animal raising activities in the unincorporated areas of San Luis Obispo County 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 Sections 23.02.030 (Plot Plan) et seq. of this title:

(i)

Site drainage patterns and a statement of measures proposed by the applicant to avoid soil erosion and sedimentation caused by the keeping of animals.

(ii)

The applicant's plans for animal waste disposal including plans showing measures to confine runoff, adequate capacities to allow for proper wastewater disposal, and measures to prevent seepage to groundwater.

(iii)

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.

d.

Site requirements. Animal raising and keeping pursuant to this section shall occur only on sites which satisfy the following standards, except for the keeping of household pets as set forth in subsection f(10) of this section:

(1)

Minimum site area. One acre, unless otherwise provided in subsection f. of this section for a specific animal raising activity.

(2)

Setbacks required.

(i)

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 23.08.041 (Agricultural Accessory Structures), except as otherwise provided in subsection f. of this section.

(ii)

Outdoor animal enclosures. Corrals, paddocks, pens and other outdoor animal enclosures shall be located as required by the following setbacks:

(a)

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.

(b)

Setback from streets. As required by Sections 23.04.108 and 23.04.110, 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 set-backs 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.

(c)

Setback for specific animals. Where subsection f. of this section requires a specific setback for a particular animal species, the subsection f. setback shall prevail.

e.

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 or polluted runoff 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 as set forth in Chapter 23.10 of this title (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 23.06.040c et seq. of this title.

f.

Specific animal standards. The following requirements apply to the keeping or raising 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 g. of this section. Where this subsection limits the number of animals allowed on a site, such limitations shall not apply to unweaned offspring.

(1)

Animal husbandry projects. Notwithstanding the other provisions of this section except the limitations on use in subsection b. and the maintenance and operational standards of subsection e., 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 following standards:

(i)

Minimum site area: 6,000 square feet for small animals (rabbits, chickens, etc.); 12,000 square feet for small hoofed animals; one acre for horses or cattle.

(ii)

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 raising. Permit requirements and standards for bee raising activities shall be as specified by Chapter 5.04 of this code (Bees).

(3)

Birds. The following standards apply to the keeping of domestic or exotic birds other than poultry or game fowl, which are instead subject to subsection f(5) of this section:

(i)

Permit requirement. None for 20 or fewer birds; Minor Use Permit approval for more than 20 birds, or in any case where birds are being kept for commercial purposes. Applicants should be advised that the keeping of imported birds may also 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.

(ii)

Minimum site area. None for 20 or fewer birds, 6,000 square feet for more than 20.

(4)

Cattle.

(i)

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 f(4)(ii) below. The keeping of cattle at four or more per acre for more than 45 days is considered a feedlot and is subject to Section 23.08.052b.

(ii)

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 23.08.052c.

(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 23.08.052d (Fowl and Poultry Ranches).

(i)

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.

(ii)

Permit requirement. No permit required for 20 or fewer birds; Plot Plan approval for 21 to 99; Minor Use Permit for 100 or more.

(iii)

Minimum site area. Except as provided in subsection f(5)(i) above, no minimum site area is required where 20 or fewer fowl or poultry are kept; a minimum of one acre is required for more than 20.

(iv)

Enclosure required. All mature fowl and poultry shall be contained in coops or pens and not allowed free run of a site.

(v)

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.

(6)

Fur-bearing animals. The raising of mink, chinchillas or other animals of similar size are subject to the same standards as those required for rabbits by subsection f(11) of this section, and the following:

(i)

Setbacks. Enclosures for the keeping of animals shall be located no closer than 200 feet from any dwelling other than those on the site.

(ii)

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. Raising goats or sheep in the Agriculture or Rural Lands categories is not subject to the provisions of this title.

(8)

Hogs and swine.

(i)

Limitation on use. The raising or keeping of hogs and swine is prohibited in the Residential Single Family category, except as otherwise provided by subsection f(1) of this section.

(ii)

Permit requirement. None on sites of five acres or larger; Plot Plan approval on sites less than five acres.

(iii)

Minimum site area. 2-1/2 acres.

(iv)

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 23.08.052e (Hog Ranches).

(v)

Setbacks. Animal enclosures shall be located no closer than 100 feet from any dwelling other than those on the site.

(9)

Horses. The provisions of this subsection apply to the keeping of less than 30 of any member of the horse family, including but not limited to donkeys and mules. The keeping of 30 or more horses, or the establishment of equestrian facilities including boarding stables, riding schools and academies, and horse exhibition facilities, are subject to Section 23.08.052f. The keeping of horses for commercial purposes is also subject to the provisions of title 9 of the County Code.

(i)

Permit requirement.

(a)

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.

(b)

Other land use categories, smaller sites. In other than the Agriculture and Rural Lands categories (and in those categories on parcels less than 20 acres), no permit required for one to 14 horses; Plot Plan approval for 15 to 29.

(ii)

Animal density - Residential Single Family. The maximum number of horses allowed is one per acre of site area in the Residential Single Family category.

(iii)

Animal density in other than Residential Single Family.

(a)

Residential Suburban category. Three horses per acre are allowed in the Residential Suburban category.

(b)

Parcels less than five acres. Three horses per acre may be kept on parcels less than five acres in allowed land use categories.

(c)

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 23.08.052f of this title.

(10)

Household pets. The keeping of common household pets, including but not limited to cats, dogs, and birds (when kept within the house), is not regulated by this title except when four or more dogs four months of age or older are kept, or four or more cats are kept for commercial purposes, in which case such animal raising or keeping is subject to Section 23.08.052g (Kennels) and any applicable provisions of Title 9 of this code (Animals).

(11)

Rabbits and rabbit farms. The raising or keeping of 20 or more rabbits or the raising and keeping of rabbits for commercial purposes is subject to the following standards. The raising or keeping of fewer than 20 rabbits not for commercial purposes is subject only to the requirements of subsections b. through e. of this section.

(i)

Permit requirement. No permit requirement in the Agriculture or Rural Lands land use categories or on parcels of five acres or larger; Plot Plan approval elsewhere or where the raising and keeping is for commercial purposes.

(ii)

Minimum site area. None required for fewer than 20 animals; one acre for 20 or more.

(iii)

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.

(12)

Worm farms. The raising of worms is allowed on parcels of 20,000 square feet or more, without permit approval.

(13)

Zoo animals. The raising or keeping of animals other than those specified in subsections f(1) through f(12) of this section that are common to zoos, are carnivorous, poisonous or are not native to North America are subject to the provisions of Section 23.08.052h, except that:

(i)

Where the subject 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 Planning 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 f(2) through f(12) of this section.

(ii)

In such case, the raising or keeping of the particular exotic animal may be allowed subject to the specific provisions of subsections f(2) through f(12) identified by the Planning Director.

g.

Multiple animal types. More than one species of the animals listed in subsection f. of this section may be kept on a single site provided that:

(1)

The requirements of subsection f. and all other applicable provisions of this section are satisfied for each species, except as provided in following subsections g(2) and g(3).

(2)

Where subsection f. of this section 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 f., 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 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.)

[Amended 1992, Ord. 2591; 2004, Ord. 3001]