Cupertino Municipal Code Ch. 8.11 Horses

Horses may be kept as pets in any zone in the City, subject to the regulations of this chapter and other applicable provisions of the Cupertino Municipal Zoning Code. (Ord. 1644, § 2 (part), 1994)

Amateur horse events may be held in any zone in the City, subject to the zoning regulations of this chapter and other provisions of the Cupertino Municipal Zoning Code. (Ord. 1644, § 2 (part), 1994)

On parcels of land having an area of forty thousand square feet or more, a horse barn or shelter may be constructed pursuant to the requirements of this chapter and one pet horse may be kept for each twenty thousand square feet of area, plus one pet horse. The foal, under nine months of age, of a mare lawfully kept on the premises is not counted in determining the number of pet horses that may be kept. (Ord. 1644, § 2 (part), 1994)

Regardless of whether a permit is required for keeping pet horses:

A. Horse barns and shelters shall be located at least thirty feet from the rear and side property lines, at least twenty-five feet from any dwelling on the same premises, and at least sixty feet from any dwelling or swimming pool on adjacent premises if such dwelling or swimming pool exists when the horse barn or shelter is built.

B. Corrals and pens shall be located at least three feet from any property line and at least sixty feet from any dwelling or swimming pool on adjacent property, if such dwelling or swimming pool exists when the corral or pen is built.

(Ord. 1644, § 2 (part), 1994)

Horse barns and shelters shall meet the following requirements:

A. They shall not be over twenty-two feet high.

B. All exterior materials shall be nonreflective.

C. All plumbing fixtures shall be served by a two-inch diameter building drain. Building drains in excess of two inches in diameter may be approved by the City upon good cause shown.

(Ord. 1644, § 2 (part), 1994)

A. Amateur horse events shall not be held on parcels of land having less than five acres area, nor for more than twelve days on any single parcel of land in one calendar year.

B. The keeping of pet horses on the same premises as, and incidental to the use of a singlefamily residence is allowed without permit. Pet horses may be kept under other circumstances only when a permit to keep them has been issued by the City or when a conditional use permit authorizing them to be kept has been issued under the rules of the zone where the parcel is located, if the rules of the zone provide for a conditional use permit. Amateur horse events may be held only when a permit for the specific event has been issued by the City.

(Ord. 1644, § 2 (part), 1994)

The City may require that applications for permits required by this chapter contain plot plans and elevations of any structures, proposed or existing, to the extent reasonably necessary to show what conditions the animals will be subjected to, and what effects keeping them, and human activities associated with their keeping, will have on the community. (Ord. 1644, § 2 (part), 1994)

The City shall promptly send a complete copy of any application for a permit required by this division to the health officer for review and shall not issue a permit until the City Manager receives and considers the advice of the health officer. (Ord. 1644, § 2 (part), 1994)

At least ten days before granting any application for a permit required by this division, the City shall give written notices describing the application. The notice shall be posted in one location readily visible to the public on, or reasonably near to the parcel of land where the animals are proposed to be kept, and mailed addressed to the owner of each other parcel of land any part of which is within three hundred feet of the parcel of land where the animals are proposed to be kept. The mailed notices shall be addressed to the owners of neighboring parcels as shown on the latest County equalized assessment roll. (Ord. 1644, § 2 (part), 1994)

The City Manager will issue a permit for keeping pet horses other than on the same premises as, and incidental to the use of a single-family residence, or for holding an amateur horse event if the City Manager finds, after taking into account:

A. The size and location of the premises where the horses would be kept or the event held,

B. The character of the neighborhood,

C. The number of horses involved,

D. The facilities existing and to be provided on the premises,

E. In appropriate instances, the provision for parking for guests or spectators so that the horses will be treated safely and humanely and that there will be no adverse effects on the safety or health of persons and that there will be no detrimental effect on or change of character of the neighborhood, nor any disturbance of persons in the peaceful enjoyment of their property. If the City Manager does not so find, the permit shall not be issued.

(Ord. 1644, § 2 (part), 1994)

The City Manager may include such conditions in the permit as are reasonably necessary to assure that the standards of Section 8.11.070 are met. When the permit is for an event, it shall specify the date of the event. When reasonably necessary to fulfill the standards of Section 8.11.070, the permit shall contain an expiration date, and specify the terms, if any, on which renewal will be permitted. (Ord. 1644, § 2 (part), 1994)

A. At any time when the City Manager has reasonable cause to believe that a permit issued under this article ought to be modified or revoked, the City Manager shall give mailed notice to the permittee and the owners of neighboring land specified in Section 8.11.090, in the manner specified in Section 8.11.090, for mailed notice, except that such notice period shall be fifteen days. Before modifying or revoking a permit, the City Manager shall consider all evidence presented by the permittee and any other person.

B. The City Manager shall revoke or modify a permit when the City Manager finds that such revocation or modification is necessary to amend the standards specified in Section 8.11.090.

(Ord. 1644, § 2 (part), 1994)

Any interested person may appeal a decision of the City Manager under this chapter by filing an appeal with the City Council in the manner provided in Section 8.02.080 of the Municipal Code. (Ord. 1644, § 2 (part), 1994)

Except where otherwise specified, any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.12. (Ord. 1886, (part), 2001; Ord. 1644, § 2 (part), 1994)