§ 20.415 — San Marcos Zoning Code

Section 20.415.010 - Purpose of Chapter ¶

The purpose of this chapter is to provide appropriate regulations for the keeping of animals in a manner that preserves the character of the community. The provisions of this chapter are intended to allow for appropriate, unobtrusive keeping of animals in a manner that does not inflict noise, smell, or other annoyance on adjacent properties, and minimizes conflicts between uses. Animal keeping may be permitted in all Zones where residential dwelling units are permitted, subject to the provisions of this chapter.

Section 20.415.020 - Animal Keeping Permits and Standards ¶

A.

Permit Requirements. Table 20.415-1 identifies the types of permits required to establish the animal keeping activities in any A or R Zone, consistent with this Zoning Ordinance. All permit requirements shall be subject to the process standards of Chapter 20.500 (Permits and Application Process).

Table 20.415-1

Permit Requirement Types and Processes

Symbol	Permit Requirement	Procedure Section
P	Permitted use subject to compliance with all applicable provisions of this Zoning Ordinance and the process standards of Chapter 20.500.	Chapter 20.500 (Permits and Applications Process)
DP	Director's Permit (DP) is required for this use, subject to review and approval by the Director.	Chapter 20.510 (Director's Permit)
CUP	Conditional Use Permit (CUP) is required for this, subject to review and approval per the process standards of Chapter 20.500.	Chapter 20.520 (Conditional Use Permits)
A	Permitted uses restricted to accessory uses in conjunction with a primary permitted use.	Chapter 20.500 (Permits and Applications Process)
- - -	Use not allowed.	20.205.030.C (Unlisted and Similar Compatible Uses)

Note: Any land use authorized through a permit approval process identified may also require Site Development Plan Review, a Building Permit, and/or other permit(s) required by the Municipal Code. For unlisted and similar uses, see Section 20.205.030.C (Unlisted or Similar Compatible Uses).

B.

Additional Use Regulations. In addition to the regulations, development standards, and provisions of this chapter, all animal-keeping activities are subject to the specific use standards identified in the "Additional Use Regulations" column of Table 20.415-2; refer to the referenced sections for additional operational standards and regulations applicable to the use.

Table 20.415-2

Animal Keeping Activity Permit Requirements by Zone

	Zones
Animal Type	A-1/A-2/ A-3/R-1-20	R-1-10/ R-1-7.5	R-2/ R-3/MU	Additional Use Regulations
Small Animals
Chinchilla (non-breeding)	P	P	- - -
Chinchilla (breeding)	CUP	- - -	- - -
Birds(1)	P	P	P	Including exotics; see Section 20.415.020.D.1
Dogs and Cats, Domestic(1)	P	P	P
Hamsters(1)	P	P	P
Poultry, Domestic	P	P	- - -	Includes hens; see Section 20.415.020.D.2
Rabbits(1)	P	P	P
Small Animals, excluding foxes	P	P	- - -
Horses
Horses	P	- - -	- - -
Large Animals
Bovine	P	- - -	- - -
Goats	P	- - -	- - -
Emus	P	- - -	- - -
Llamas	P	- - -	- - -
Ostriches	P	- - -	- - -
Sheep	P	- - -	- - -
Swine	P	- - -	- - -
Pigeons
Racing/Homing Pigeons	P	- - -	- - -
Worm Farms
Two Bins Maximum	P	P	- - -
Five Bins Maximum	P	- - -	- - -
Exotic Animals
All Exotics	DP	DP	- - -	See Section 20.415.020.D.1
Other Animals
Similar Animals	DP	DP	- - -	See Section 20.415.020.D.3
Note: 1. Within R-2, R-3, and MU Zones, any	combination of these domestic animals may be kept, but no			more than three (3) are allowed per unit.

C.

Prohibited Uses. When a use is not specifically listed, that use is prohibited. However, consistent with Section 20.205.030.C (Unlisted or Similar Compatible Uses), the Director shall have the authority to determine whether the proposed use shall be permitted or conditionally permitted based on the finding that the proposed use is similar to and no more detrimental than a particular use permitted in the Zone.

D.

Animal Keeping Activity Standards. Where animal keeping is permitted by Table 20.415-2, the standards of Table 20.415-3 shall apply on a per-lot or per-building-site basis.

1.

Exotic Animals. Keeping of exotic animals (exotics) requires the issuance of a DP for each species of exotic. Exotics are those animals that are not typically kept in domestic or agricultural settings, and could include those animals described in California Fish and Game Code Sections 2116 and 2118 and related regulations, alligators, crocodiles, lions, monkeys and tigers, and any species of animal that is venomous to human beings. Exotics shall be kept indoors, except exotic birds may be kept within an outdoor aviary where an aviary is permitted.

2.

Domestic Poultry. Domestic poultry are permitted in the Residential Zones. No more than four (4) are allowed per lot in single-family Zones (R 1-7.5 and R-1-10). Roosters are prohibited. All hen enclosures shall be maintained in a clean, sanitary condition, free from offensive odors at all times.

3.

Similar Animals. Keeping of other animals determined by the Director to be similar in size and manner of keeping to a permitted animal in Table 20.415-2 shall require a DP and will be regulated in the same manner and number as the "similar" permitted animal.

Table 20.415-3

Animal Keeping Activity Standards

Animal Type	Standard/Limitation	Standard/Limitation	Additional Activity Requirement
Cats/Dogs	Maximum of 6 domestic animals		Kennels not permitted
Racing/Homing Pigeons	Maximum 125 pigeons, in A Zones		keeping of pigeons in excess of 50 birds shall required fling with the City regarding afliation with a recognized racing/homing pigeon association
Small Animals	A Zones/R-1-20 Zone: 25 animals	Other R-1 Zones: 10 animals	Maximum number of animals of any single type or combination of animals
Poultry, Domestic	Maximum 4 in R-1 Zones; 25 in R-1-20 and A Zones		Roosters are prohibited
Large Animals (based on lot size)

Lots 1.5 up to 2 Acres	2 large animals per lot
Lots 2 up to 4 Acres	4 large animals per lot
Lots 4 Acres and over	8 large animals per lot, plus 1 additional large animal per 1 acre in excess of 4 acre in A-2 and A-3 Zones only
Stable, Private (based on lot size)
Lots 10,000 s.f. Min.	1 horse per lot
Lots 0.5>1 Acre	2 horses per lot
Lots ≥1 Acre	3 horses per lot, plus 1 additional horse per 0.5 acre in excess of 1 acre	Example: a 3 acre lot would be permitted 7 horses

Note: Any land use authorized through a permit approval process identified in D.1 may also require site plan review, a Building Permit, and/or other permit(s) required by this Code.

Section 20.415.030 - Location Requirements ¶

The standards of Table 20.415-4 shall regulate the location, placement and setbacks of any animal keeping enclosure (pen, coop, stable, barn, kennel, corral, or related structures used for the keeping of poultry, small animals or worms) and private stables as indicated in the table.

Table 20.415-4

Animal Keeping Activity Standards

Development Standard	Minimum Requirement
Animal Keeping Enclosure
Building Separation	20 feet to any dwelling unit
Front PL	75-foot
Public ROW PL	75 feet or equal to half the lot width, whichever is less
Interior PL	15 feet
Rear PL	10 feet
Rear Alley PL	0 feet
Stable, Private
Building Separation	40 feet to any structure on lot 70 feet to any dwelling on an adjacent/adjoining lot
Public ROW PL	20 feet
Interior PL	15 feet; 0 if adjoining property owner maintains 1 or more horses
Rear PL	15 feet; 0 if adjoining property owner maintains 1 or more horses

PL = property line

Section 20.415.040 - Youth Organization Animal Raising Projects ¶

The keeping of more than two (2) of any single type or any combination of bovine animals, sheep, goats, and swine is hereby authorized in the R-1-20, A-1, A-2, and A-3 Zones (in such cases where said uses would not otherwise be permitted by this Zoning Ordinance) upon the issuance of a DP, subject to all conditions imposed thereby and to all of the following regulations:

1.

The keeping of said animals shall be in connection with animal raising projects under auspices of 4-H, FFA, or other similar youth organizations.

2.

The DP shall be granted for a period not to exceed two (2) years.

3.

DP fees for activities covered by this section may be waived.