Chapter 22.58 — SMALL ANIMALS

The purpose of this Chapter is to maintain the semi-rural quality of Martinez and promote sustainability by allowing small farm animals, while protecting the health, safety, and general welfare of the community.

(Ord. No. 1450, § VII, 12/20/2023)

• A. Permitted uses.

  1. Apiaries may occur on parcels within the residential, commercial, industrial, and agricultural zoning districts.

  2. Apiaries shall be registered with the Contra Costa County Agricultural Commissioner.

• B. Beekeeping standards.

  1. Quantity of hives. The maximum number of beehives permitted on a given parcel is based on gross lot area and can be found in Table 22.58.020 below.

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Table 22.58.020: Maximum Number of Beehives Allowed
Maximum Number of
Gross Lot Area Beehives Permitted
Between 5,000 square feet and 10,000 square feet 4
Between 10,001 square feet and 20,000 square feet 6
Between 20,001 square feet and 40,000 square feet 8
Between 40,001 square feet and 200,000 square feet 10
Greater than 200,001 square feet 40
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2. Nucleus. For each beehive kept on a lot in accordance with Table 22.58.020, one nucleus hive may also be kept on the lot.

3. Dimensions and height. A beehive shall not exceed six square feet. Beehives may be stacked and/or placed on a stand provided the cumulative height does not exceed six feet.

4. Flyway barrier. All properties on which honeybees are kept must have a flyaway barrier installed between the beehive and property line shared with adjacent residence. The flyway barrier shall be:

   • a. A minimum six feet high, consisting of a solid wall or fence or dense vegetation, and

   • b. A minimum of the same length as the beehive box(es)

• C. Water source. All properties on which honey bee colonies are kept must have adequate

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City of Martinez, CA § 22.58.020

MARTINEZ CODE

§ 22.58.030

water sources on the property. Adequate sources of water provide both an amount of fresh water necessary for the amount of honey bees or honey bee colonies and a method for the honey bees to be able to gain a good footing to obtain the water.

• D. Location.

  1. Beehives shall be located in the rear or side yard of a parcel.

  2. Beehives shall be set back a minimum of 25 feet from public rights-of-way and private streets.

  3. Buildings or structures housing beehives shall comply with the accessory structure setbacks of the applicable zoning district.

  4. Beehives must be located closer to the primary residence or structure of the subject property than to any primary structure on adjacent parcels.

• E.

  • Exceptions.

  1. In Agricultural zoning districts, one beehive for every 5,000 square feet of gross lot area is permitted, or the quantity of bee hives based on Table 22.58.020, whichever is greater.

  2. In Commercial and Industrial zoning districts, the 25-foot setback is not required for rooftop beehives only.

  3. The following conditional uses shall be permitted upon the granting of a conditional use permit in accord with the provisions of Chapter 22.40 of this Title:

     • a. Quantity of beehives per parcel.

     • b. Location of beehives.

4. An application seeking an exception from this Chapter may be filed using the form provided by the Planning Division, along with the required fee.

• (Ord. No. 1450, § VII, 12/20/2023)

• A. Standards.

  1. The keeping of chickens is only permitted in residential and agricultural zoning districts.

  2. Chickens or eggs shall not be sold for commercial purposes in Residential zoning districts.

  3. The maximum number of chickens permitted on a given parcel is based on gross lot area and can be found in the Table 22.58.030 below.

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City of Martinez, CA

ZONING

§ 22.58.030

§ 22.58.030

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Table 22.58.030: Maximum Number of Chickens Allowed
Maximum Number of
Gross Lot Area Chickens Permitted
Between 4,000 square feet and 10,000 square feet 8
Between 10,001 square feet and 20,000 square feet 12
Between 20,001 square feet and 40,000 square feet 16
Greater than 40,001 square feet 20
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B. Prohibited.

1. Roosters and other animals that produce noise and/or create a nuisance to neighboring residents as determined by the Noise Control Officer are prohibited.

• C. Enclosures.

  1. Chickens shall be kept within an enclosed structure or fenced area at all times.

  2. Chickens shall have access to a coop, cage, or similar structure, which:

     • a. Must be kept in a clean and sanitary condition, free from odor, pests, and vermin.

     • b. Has a minimum area of three-square feet per chicken in a coop, cage, or similar structure.

     • c. Is located within a rear or side yard.

     • d. Meets the minimum required setbacks for accessory structures.

     • e. Is located closer to the primary residence or structure of the chicken owner than to any adjacent or neighboring primary structure.

     • f. Is roofed.

  3. Coops and cages do not count towards lot coverage limits.

4. Animal feed shall be stored in a rodent-proof and predator-proof container.

(Ord. No. 1450, § VII, 12/20/2023)

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City of Martinez, CA