Chapter 18.35
GENERAL PROVISIONS--STANDARDS AND PROCEDURES RELATING TO ANIMAL KEEPING
Sections:
18.35.06 Procedure for Additional Animal Unit in the A-1 Zone.
18.35.08 Animal Keeping in the Commercial Zones.
18.35.10 Animal Keeping in the Manufacturing Zones.
18.35.12 Prohibiting Covenants, Conditions and Restrictions (CC&R’s) Limiting Animal Keeping.
18.35.14 Requiring Animal Keeping Amenities for All Model Home Sales Complexes.
18.35.02 Intent and Purpose.
The City of Norco is unique with respect to its focus and orientation on animal keeping. These regulations are intended to provide supplementary standards and procedures related to animal keeping, based upon the basic criteria for animal keeping in the city, as expressed in the A-1 zone.
18.35.04 Applicability.
These regulations shall apply wherever they are referred to in other Chapters of this Ordinance.
18.35.06 Procedure for Additional Animal Unit in the A-1 Zone.
Any person desiring to keep or maintain one additional animal unit on a lot in the A-1 zone, having a size 10,000 square feet or greater in area but less than 12,500 square feet may do so if a permit therefor has been issued by the City’s Planning Director according to the following procedure:
(1) Applicant shall submit a completed and executed application for such a permit to the Planning Director on a form provided by said Director. Said form shall be prepared by the Director and require such data and information as the Director deems necessary to allow him to exercise his judgement in determining whether a permit should be issued.
Applicant shall pay an application fee as determined by City Council Resolution, which shall be used to defray the costs and expenses of the City in reviewing, investigation and processing said application. Said fee shall not be refundable. The Planning Director shall not accept an application for filing until said fee has been paid.
(2) Upon receipt of a proper application, the Planning Director shall conduct whatever investigation and review he deems necessary for a proper determination of said application, including an on site review of the proposed location of said additional animal unit. An applicant’s refusal to allow the Director on his property to make such an investigation shall be grounds for immediate denial of said application.
(3) The Director shall conclude his review and investigation of said application no later than 10 days from the date of filing the application and shall, no later than 14 days from said date, issue or deny the permit. The Planning Director shall issue a permit therefor unless he shall find, from all the evidence developed in his investigation, that issuance of the permit, as applied for, would be contrary to the public health, safety and welfare of the City of Norco.
(4) The Director shall have the right to impose any reasonable conditions on the issuance of such a permit; including, but not limited to requiring the permittee to keep his additional animal unit within a certain location on permittee’s property, and to provide certain enclosures for such animal.
(5) Any permit granted hereunder shall be personal to the permittee, and shall not be transferable in any manner.
(6) Any person, including an applicant or permittee, who believes he is aggrieved by the decision of the Planning Director, including but not limited to the imposition of any condition to the granting of a permit, may appeal the Director’s decision to the Planning Commission. Said person must file an appeal with the Planning Commission no later than 5 days from the Director’s final determination of said application. Said appeal shall be filed with the Planning Director on a form as prepared by the Planning Commission and provided by the Planning Director. Appellant shall file with said Notice of Appeal a fee as determined by City Council Resolution to defray City’s cost and expenses in processing said appeal. A Notice of Appeal shall not be accepted for filing unless the aforesaid fee has been paid.
(7) Upon receipt of a timely filed Notice of Appeal, the Planning Director shall set a hearing on said appeal for the next regular Planning Commission meeting following the date said Notice of Appeal was filed. The Director shall transmit to the Commission, for its consideration at said hearing, the entire written record concerning said application, including but not limited to the application, a copy of the Director’s report, if any, concerning his review and investigation of the application and a report by the Director to the Commission stating his reasons for the grant, denial or conditions, which are subject to an appeal.
(8) The Commission shall, at the above prescribed time, hear the appellant and other persons, who desire to express themselves concerning the appeal; including, but not limited to, the Planning Director. After hearing all interested persons and considering all documentary evidence, the Commission shall, no later than 30 days from the close of the hearing, render a decision affirming or overruling the Planning Director’s decision, in whole or in part, or modifying any condition of the Director, which is subject to appeal.
(9) If permittee, at any time after the grant of said permit, violates any condition of said permit or any provisions of this section, the Planning Director may forthwith revoke said permit. Permittee may appeal said revocation to the Planning Commission in the manner provided hereinabove for appeals concerning permit applications; and the Planning Commission shall hear said appeal according to the hereinabove procedures. The Director’s decision to revoke the permit shall not be stayed pending any appeal to the Commission.
(10) The proceedings hereunder for permit application or revocation of a permit shall be considered quasi-judicial in nature, and shall be subject to appeal to the City Council or City Council initiated review, in accordance with the provisions of Chapter 18.40 (SITE PLAN REVIEW).
18.35.08 Animal Keeping in the Commercial Zones.
As stated in the zones, animal keeping may be permitted upon application for a Conditional Use Permit in accordance with all the provisions of Chapter 18.45 (CONDITIONAL USE PERMITS) in all of the commercial zones. In addition to the provisions of Chapter 18.45, the following restrictions shall apply:
(1) The keeping and maintaining of horses, cattle, swine, sheep and goats (hereinafter referred to as “keeping”, it being the intent that whenever the term “keeping” or “kept” is used in this Section it shall mean that portion of a lot upon which such animals receive food and/or water and/or shelter) may be permitted only on a lot on which, as of the effective date of this ordinance, uses not allowed in said zone are being conducted pursuant to a legal nonconforming use status in accordance with Chapter 18.39 (NON-CONFORMING USES, LOTS AND STRUCTURES) of this Ordinance and which said nonconforming uses are substantially residential or agricultural, if said lot is not less than 20,000 square feet in area, and includes no less than 5,000 contiguous square feet of land unimproved by structures, buildings or artificial surfacing for each animal unit to be kept; provided, however, if swine are being kept on a lot, said lot shall contain not less than 10,000 contiguous square feet of such unimproved land.
(2) The Conditional Use Permit application shall include, in addition to those items listed in Chapter 18.45 (CONDITIONAL USE PERMITS), statements as to the area of the lot on which the proposed animal keeping is requested, the amount of contiguous square feet of land which is unimproved as described hereinabove, the type of animals to be kept, the date on which the residential and/or agricultural use to which said animal keeping is related commenced, and what type of structures and improvements, if any, are on the subject property.
(3) Before a Conditional Use Permit may be granted for the requested animal keeping, the Commission or Council upon appeal of it, shall make a finding from the evidence as submitted that the proposed animal keeping is reasonably compatible with the area immediately surrounding the location of said use, is not detrimental or undesirable to the public convenience or general welfare of persons residing or working in the neighborhood thereof, and is not injurious to properties immediately surrounding said use.
(4) No animal, as described hereinabove, shall be kept closer than 50’ from the right of way line of any existing public right of way which is adjacent to the lot on which the animal is kept, or closer than 50’ from the right of way line of a public right of way proposed by the City’s General Plan to be adjacent to said lot whichever distance is the greater.
(5) A permit granted hereunder may be revoked or modified at any time by the City Council. Revocation or modification proceedings shall be governed by Chapter 18.46 (REVOCATIONS OF PERMITS OR VARIANCES) (Amended by Ord. 887 Sec. 8 2008)
18.35.10 Animal Keeping in the Manufacturing Zones.
As stated in the zones, animal keeping may be permitted in connection with legally non-conforming agricultural or residential uses in the manufacturing zones, subject to the provisions of this Chapter. The following provisions shall apply:
(1) The keeping and maintaining of horses, cattle, swine, sheep and goats (hereinafter referred to as “keeping”, it being the intent that whenever the term “keeping” or “kept” is used in this Section it shall mean that portion of a lot upon which such animals receive food and/or water and/or shelter) shall be permitted on the basis of a maximum number of adult units per lot under the terms and conditions, as provided hereinbelow, only on lots in the manufacturing zones, on which, as of the effective date of this Ordinance, uses not allowed in said zone are being conducted pursuant to a non-conforming use status in accordance with Chapter 18.39 (NON-CONFORMING USES, LOTS AND STRUCTURES) of this Ordinance, and which said non-conforming uses are substantially residential or agricultural. Any animal keeping and maintenance, as allowed hereunder, shall cease on the date the non-conforming residential or agricultural use on the same lot terminates pursuant to the provisions of said Chapter 18.39, or on an earlier date as ordered by the City’s Planning Commission or Council pursuant to provisions of Subsection (8) hereof.
(2) Adult animal units shall be determined as follows:
|
ANIMAL |
SHALL EQUAL |
|
One Equine |
One Animal Unit |
|
One Bovine |
One Animal Unit |
|
One Swine |
One Animal Unit |
|
Two Sheep |
One Animal Unit |
|
Two Goats |
One Animal Unit |
|
Two Miniature Horses |
One Animal Unit |
(Ord. 624, Sec. 1, 1991)
(a) Offspring of permitted adult animal units shall not be counted in determining the permitted number of adult animal units on a given lot, if such offspring do not exceed the following age limitations:
Equine, 6 mos.
Bovine, 6 mos.
Swine, 60 days
Sheep, 90 days
Goats, 90 days
(Ord. 675, Sec. 3, 1993)
(b) Offspring of non permitted adult animal units shall be counted as adult animal units, notwithstanding their age at any particular time.
(3) The maximum number of adult animal units permitted at any one time on a lot shall be determined as follows in relation to lot size:
|
LOT SIZE |
MAXIMUM ANIMAL UNITS |
|
7,499 sq. ft. or less |
0 Animal Units |
|
7,500 but less than 12,500 sq. ft. |
1 Animal Units |
|
12,500 but less than 15,000 sq. ft. |
2 Animal Units |
|
15,000 but less than 17,500 sq. ft. |
3 Animal Units |
|
17,500 but less than 20,000 sq. ft. |
4 Animal Units |
|
20,000 but less than 25,000 sq. ft. |
5 Animal Units |
|
25,000 but less than 30,000 sq. ft. |
6 Animal Units |
|
30,000 but less than 35,000 sq. ft. |
7 Animal Units |
|
35,000 but less than 40,000 sq. ft. |
8 Animal Units |
|
40,000 but less than 45,000 sq. ft. |
9 Animal Units |
(a) One additional animal unit shall be permitted for each additional 8,000 square feet of lot area beyond 45,000 square feet.
(b) Notwithstanding anything to the contrary contained herein, not more than one (1) swine shall be allowed for each 10,000 square feet of property or any multiple thereof. However, a “miniaturized” pig shall be allowed for each 5,000 square feet of property or any multiple thereof. (Ord. 664, 1993)
(4) Notwithstanding anything to the contrary stated in this Section, any animal unit, including any offspring of any adult animal unit, which was being kept or maintained on a lot less than 7,500 square feet in area on the effective date of this Ordinance shall be permitted to continue until the non-conforming residential or agricultural use on the same lot terminates pursuant to the provisions of said Chapter 18.39, or on an earlier date as ordered by the City’s Planning Commission or Council pursuant to provisions of Subsection (8) hereof.
(5) Notwithstanding anything to the contrary stated in this Section no adult animal unit or offspring thereof, shall be permitted on a lot, unless the lot has at least 500 contiguous square feet of land which does not slope more than 15 degrees for each animal unit proposed to be kept or maintained on said lot. This provision shall not apply to goats or sheep.
(6) No adult animal unit or offspring thereof shall be kept or maintained at a distance less than 35 feet from a building occupied for any residential or commercial purpose other than commercial agriculture located on an adjacent lot. Except for swine, an adult animal unit or offspring thereof may be kept or maintained at a distance less than 35 feet from a building occupied for any residential or commercial purpose other than commercial agriculture on an adjacent lot, if the owner of said animal unit or offspring thereof constructs a solid fence not less than six (6) feet high on his lot in a manner that screens said animal unit or offspring thereof from said building. Under no circumstances shall swine be kept or maintained at a distance less than thirty-five (35) feet from such a building on an adjacent lot.
(7) Notwithstanding anything to the contrary stated hereinabove, adult animal units, including offspring thereof, which are being kept or maintained by the following uses:
4-H Projects.
Future Farmers Projects
may be so kept or maintained in excess of the quantities provided in Subsection (3) of this Section, subject to the issuance of a Conditional Permit therefor pursuant to the procedures set forth in Chapter 18.45 (CONDITIONAL USE PERMITS).
(a) In the case of applications for a use permit related to 4-H and Future Farmers of America uses, no filing fee shall be required.
(b) Any permit issued pursuant hereto may be revoked in the manner provided in Chapter 18.46 (REVOCATION OF PERMITS AND VARIANCES) of this Ordinance.
(8) Procedures for Termination of Animal Keeping:
(a) Any use permitted by this Section may be terminated by order of the Planning Commission, subject to appeal to the City Council, if the Planning Commission, pursuant to the procedures hereinafter set forth, finds and determines that the continuation of said use shall adversely affect the public health, safety and welfare of the City of Norco.
(b) Any aggrieved person or City’s Planning Director may initiate proceedings to terminate any such use by filing a written application with the Secretary of the City’s Planning Commission on a form prepared for and approved by the Commission. Applicant shall state on said application, among other things, facts in support of his allegation that such animal keeping use will adversely affect the public health, safety and welfare of the City of Norco.
(c) Upon receipt of said application, the Planning Commission’s Secretary shall set the matter for hearing by the Planning Commission no less than ten (10) calendar days and no more than thirty-five (35) calendar days from the date the application is filed.
(d) Said Secretary shall, no later than ten (10) calendar days from the date of the hearing, notify the person engaged in said animal keeping use, and the owner of the property on which said animals are kept, as to the purpose of the hearing and the time, date and place thereof. Said notification shall be in writing, and mailed to the last known address of said persons.
(e) The Planning Commission shall hold said hearing no earlier than ten (10) and nor more than thirty-five (35) days from the date of the filing of aforesaid application. Except as otherwise provided herein, said hearing shall be conducted in accordance with the provisions of Subsections (4) and (5) of Section 18.43.06 of Chapter 18.43 (HEARINGS AND APPEALS THEREFROM) of this Ordinance.
(f) The determination of the Planning Commission may be by motion passed and adopted by a majority of the Planning Commissioners present at the hearing. Prior to making its determination, the Commission shall, by separate motion, make a finding whether the subject animal keeping use is adverse to the public health, safety and welfare of the City of Norco. If it makes an affirmative finding thereon, its subsequent determination may be to order immediate termination of such use, or order termination subject to certain conditions.
(g) The Commission’s time for determination, or its failure to make a determination, shall be governed by Subsection (6) of said Section 18.43.06 of this Ordinance.
(h) The Commission’s determination shall be final unless a person, including the City’s Planning Director, who alleges he is aggrieved thereby, files with the City Clerk a Notice of Appeal to the City Council no later than ten (10) calendar days from said determination, or forty-five (45) days from the date of the Commission’s failure to make a determination, or unless the City Council initiates a review thereof as described in said Section 18.43.06 of this Ordinance.
(i) Except as otherwise provided herein, the provisions of Subsections (14), (15), (19), (20) and (21) of said Section 18.43.06 of this Ordinance shall govern such an appeal or Council-initiated review.
(j) The Council, after reviewing the record, may by motion, without further action, affirm, reverse or modify the Commission’s determination, order, decision, requirement or condition appealed from. Alternatively, the Council may prior to taking any such action, set a hearing before it on the appeal. The procedures for the City Council hearing on said appeal shall be the same as the hearing procedures therefor by the Planning Commission.
(k) The Council’s action on appeal shall be final.
(l) The proceedings for termination of animal keeping, as provided hereinabove, shall be considered quasi-judicial in nature.
18.35.12 Prohibiting Covenants, Conditions and Restrictions (CC&R’s) Limiting Animal Keeping.
No restrictive covenant shall be recorded against any property prohibiting the maintaining or raising of animals as permitted by local ordinance. Covenants, Conditions and Restrictions (CC&Rs) shall be subject to the review and approval of the City Attorney and City Council.
18.35.14 Requiring Animal Keeping Amenities for All Model Home Sales Complexes.
All new model home sales complexes shall be required to have large animal keeping amenities. The amenities shall be physical improvements that adequately demonstrate and encourage large animal keeping, such as (but not limited to) barns, shade structures, corrals, arenas, and hot walkers.
Not less than fifty-one (51) percent of all model lots within the model home sales complex shall have large animal keeping amenities and physical improvements. The model home sales complex shall be subject to the review and approval of the Planning Commission prior to any building permits being issued.
The operation and use of the model home sales complex shall not occur until all amenities and improvements have been completed and finalized. (Ord. 754 § 1, 2000)