Moraga Municipal Code § 8.92.090 Exceptions

The purpose of this article is to maintain the semi-rural quality of Moraga and promote local food production by allowing small farm animals as accessory to existing permitted residential uses in residential, institutional, MOSO and nonMOSO open space zoning districts while protecting the health, safety and general welfare of the community.

(Ord. No. 261, § 3, 12-9-2015; Ord. No. 309, § 5(Exh. B, 6), 5-10-2023)

In this article, unless the context otherwise requires, the following definitions shall apply:

"Animal farming" means the raising and keeping of small farm animals.

"Apiary" means the assembly of one or more colonies of honey bees at a single location.

"Honey bee colony" means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and drones, including brood, combs, honey and the receptacle inhabited by the bees.

"Nucleus colony" means a small honey bee colony of a few thousand honey bees with a queen, created from larger colonies and typically kept within a smaller size box.

"Small farm animals" means small unhooved animals, including, but not limited to, chickens, doves, pigeons, quail, game birds, rabbits and honey bees (Apis mellifera). Small farm animals do not include:

1. Companion animals, also known as pets, kept primarily for a person's company or protection, including dogs, cats, hamsters, parakeets, and exotic animals.

2. Livestock as defined in Section 8.04.020.

(Ord. No. 261, § 3, 12-9-2015)

The keeping of small farm animals, with the exception of honey bees, is permitted on parcels six thousand (6,000) square feet or more in size, based on gross lot area, in the following districts, subject to the standards, prohibitions and regulations, set forth in this Chapter 8.92:

A. Small farm animals may be kept on parcels within the 1-DUA, 2-DUA, 3-DUA, 6-DUA, and institutional zoning districts as accessory to an existing permitted single-family residence, duplex, triplex or fourplex, subject to the limitations in number set forth in subsection (b) below.

B. Excepting bees, the number of small farm animals permitted on a given parcel, based on gross lot area, is:

(Ord. No. 261, § 3, 12-9-2015; Ord. No. 309, § 5(Exh. B, 7), 5-10-2023)

A. Small farm animals shall be kept for personal enjoyment or home consumption.

B. Small farm animals and products from small farm animals shall not be sold for commercial purposes.

C. Roosters, waterfowl, peacocks, guinea hens, and any animals which produce undue noise and/or create a nuisance to neighboring residents as defined in Section 7.12.070 are prohibited.

(Ord. No. 261, § 3, 12-9-2015)

A. Small farm animals, with the exception of honey bees, shall be kept within a structure or fenced area at all times to ensure against trespass onto neighboring or public property.

B. Small farm animals shall have access to a coop, cage, or similar structure, which:

1. Provides protection from the elements and predators; and

2. Is located in the rear or side yard; and

3. Meets the minimum front, side and rear setbacks required for the primary residence. Structures to house small farm animals do not qualify for reduced side or rear yard setbacks for accessory buildings or structures.

A. Enclosures, animal products and manure storage must be maintained to be free from odor, and prevent a breeding place for flies, pests or vermin.

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

(Ord. No. 261, § 3, 12-9-2015)

Slaughtering of small farm animals is permitted on any parcel where the keeping of small farm animals is permitted, provided that:

A. Slaughtering shall take place in the privacy of the property, taking necessary precautions to ensure the privacy of neighbors and shall not be seen from adjoining properties; and

B. Remains shall be disposed of in accordance with local waste regulations and in a timely manner to prevent deterioration of the remains and odor.

(Ord. No. 261, § 3, 12-9-2015)

A. Beekeeping may occur on parcels within the 1-DUA, 2-DUA, 3-DUA, 6-DUA and institutional zoning districts as accessory to an existing permitted single-family residence, duplex, triplex or fourplex, subject to the standards, requirements and regulations set forth in this section. Beekeeping may occur on any parcel within the Rural Residential, MOSO, or non MOSO open space zoning district, subject to the standards, requirements and regulations set forth in subsections (B) and (C).

B. Apiaries shall be registered with the Contra Costa County agricultural commissioner and the town of Moraga planning department;

C. Beekeeping standards:

1. Number. The number of honey bee colonies permitted on a given parcel, based on gross lot area, is:

2. Location of honey bee colonies:

i. Shall be located in the rear or side yard and shall not be located within the front yard, or the exterior side yard setback; and

ii. When kept within a series of rectangular bee boxes or similar nonpermanent containers less than six feet in height, shall be set back a minimum of five feet from property lines; and

iii. Shall be set back a minimum of twenty-five (25) feet from public rights-of-way and private streets; and

iv. Buildings or structures housing honey bee colonies shall comply with the accessory building and accessory structure setbacks of the applicable zoning district.

3. Flyway Barrier. Wherever a honey bee colony is less than one hundred (100) feet from a neighboring residence or outdoor living area a flyway barrier is required. The flyway barrier shall be:

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

ii. A minimum of twenty (20) feet long, centered on and perpendicular to the shortest line that could be drawn between the honey bee colony and the neighbor's residence or outdoor living area.

4. Water. All properties on which honey bee colonies are kept must have adequate 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. Adequate water sources must be in place prior to honey bees or honey bee colonies being placed on the property to ensure that the bees primarily use the provided water source and do not seek out water sources on neighboring properties prior to the arrival of their own water source.

(Ord. No. 261, § 3, 12-9-2015; Ord. No. 309, § 5(Exh. B, 8), 5-10-2023)

A. An application seeking an exception from Sections 8.92.030(b), 8.92.040(c), 8.92.050 or 8.92.080(c) may be filed on a form prescribed by the town, along with the required fee.

B. Notification to neighbors shall be provided at least ten (10) calendar days prior to the decision on the application consistent with Section 8.12.070.

C. The burden is on the applicant to demonstrate that potential impacts are adequately mitigated.

D. The zoning administrator may deny, approve, approve subject to conditions, or refer the application to the planning commission. The zoning administrator or planning commission may impose reasonable conditions to protect the health, safety and general welfare of the community.

E. The application may only be approved if the zoning administrator or planning commission finds that the potential for noise, odor, safety, health and other impacts to neighboring properties are adequately mitigated.

F. The decision of the zoning administrator or planning commission may be appealed following the procedures of Chapter 8.12.

(Ord. No. 261, § 3, 12-9-2015)