Moraga Municipal Code Art. 2 Dog Fanciers, Livestock and Other Animals

A. A permit to operate as a dog fancier (the keeping of three or more dogs over six months of age as defined in Section 8.04.020) may be issued only after the approval of an application for a conditional use permit and only for land included in the following land use districts:

1. Rural Residential

2. Single-family residential, 1-DUA;

3. Single-family residential, 2-DUA;

4. Any other residential land use district where the applicant's lot is at least twenty thousand (20,000) square feet in area and where the maximum number of dogs permitted over six months of age does not exceed four;

5. MOSO and nonMOSO open space;

B. In single-family residential districts, the planning commission shall fix the maximum number of dogs permitted to be kept as a condition of issuance of the conditional use permit.

C. All dogs maintained by a dog fancier shall be confined on the premises or trained and exercised under the owner's control and shall be enclosed in a building during the hours of darkness.

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

A. Livestock may be kept on property included within the Rural Residential district and within MOSO and nonMOSO open space land use districts subject to the following requirements:

1. The parcel of land on which the livestock are kept is not less than forty thousand (40,000) square feet in single fee ownership;

2. No more than one head of livestock is maintained per twenty thousand (20,000) square feet of area.

B. In the residential land use districts, a conditional use permit is required to keep livestock, except in the Rural Residential district.

C. Other animals for which provision is not otherwise made in this title, may be kept on land within the Rural Residential district, MOSO or nonMOSO open space, or single-family residential land use district, subject to the requirement that the parcel of land on which the other animals are kept is not less that forty thousand (40,000) square feet in area and a conditional use permit is obtained.

D. The zoning administrator may, after notice to the planning commission, issue the conditional use permit for the keeping of livestock and other animals required by subsections A, B and C of this section, subject to review by the planning commission.

E. Because of the size of lots, side yards and close development, the keeping of livestock and other animals in highly developed areas is seldom appropriate. A conditional use permit for the keeping of livestock, and other animals may be issued only where the applicant demonstrates that the lot involved in the application and lots in the surrounding area are of such a size and configuration that the keeping of livestock, and animals is compatible and consistent with the surrounding development and that the area is comparable to other areas within the town where a land use permit is not required for the keeping of livestock and animals.

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

Notwithstanding the setback, side yard and rear yard provisions in the residential land use districts, the following provisions apply to the location of animal structures in all such districts, except the Rural Residential district, provided such structures are permitted:

A. Barns, stables, and similar accessory buildings and structures used to shelter animals or livestock shall be located in the rear yard of the principal structure.

B. Fenced pasture, paddocks or other enclosures for livestock or other animals shall not be located nearer than ten (10) feet to a property line.

C. Shelters for livestock, and other animals not otherwise addressed in this title shall be set back not less than sixty (60) feet from the front property line and from any street line and shall be located not less than two hundred (200) feet from any point on an adjoining parcel of land at which point the exterior wall of a dwelling unit either exists or could legally be constructed.

D. A variance permit to modify subsections (A) through (C) of this section may be granted subject to the requirements for a variance set forth in this title.

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