Shafter Municipal Code Ch. 6.92 Student-Oriented Projects Involving Animals

The breeding and raising of livestock, in greater numbers than allowed in this title, by minors in conjunction with a student-oriented fair project sponsored by a bona fide agricultural organization shall be permitted upon application to and approval by the planning director.

A. Application Contents. An application for a temporary animal permit shall include the following:

1. The name and address of the applicant;

2. The name(s) and address(es) of the property owner(s);

3. Assessor's parcel number(s);

4. Legal description of the subject property;

5. Name of the organization sponsoring the applicant;

6. A plot plan showing the location of proposed pens, coops or areas for the breeding and raising of animals in relation to existing residence(s) and other buildings and structures within one hundred feet of pens, coops, or areas housing livestock; and

7. The signature of each owner of the real property abutting the subject lot consenting to the granting of the temporary animal permit.

B. Development Standards and Conditions. The breeding and raising of animals on a temporary basis shall comply with the following standards and conditions:

1. Applicant shall be sponsored by a bona fide organization, such as, but not limited to, Future Farmers of America, 4-H Club, Cow-Belles, or Junior Farmers.

2. The increase in animal density shall not exceed one horse, donkey, mule, cow, dairy stock, goat, hog, sheep, or other similar animal per one-quarter acre of lot area. In any case, no more than six additional animals shall be allowed.

3. A temporary animal permit shall be effective for a period of six months from the effective date of the permit. No more than one such permit shall be approved for any lot within a one year period.

4. The written consent of each abutting property owner consenting to the granting of a temporary animal permit must be obtained.

5. The applicant shall allow inspection of animal maintenance facilities by the Kern County health department and city staff.

6. The planning director may revoke a temporary animal permit at any time for noncompliance with this title or upon receipt of a recommendation for revocation from the Kern County health department.

7. Each additional animal authorized by a temporary animal permit over the allowable animal density specified herein shall be removed upon expiration of the permit.

C. Conditionally Permitted Uses. The following shall be subject to the conditional use permit procedure:

1. Purpose and Intent. A conditional use permit is intended to control the establishment of those uses that have some special impact or uniqueness, such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. The conditional use permit application provides for the review of the location and design of the proposed use, configuration of improvements, potential impact on the surrounding area from the proposed use, and the evaluation of the use based on fixed and established standards. The review also determines whether the proposed use should be permitted weighing the public need for and benefits to be derived from the use against any adverse impact it may cause.

2. Authority. Authority for approval of conditional use permits shall be vested in the planning commission.

3. Application. An application for a conditional use permit shall be filed with the planning department in a manner prescribed by the planning director.

4. Public Hearing. The planning commission shall consider each application for a conditional use permit at a noticed public hearing.

5. Findings. Following review and consideration of an application, the planning commission, or city council on appeal, may approve a conditional use permit application in whole or in part, with or without conditions, provided the planning commission prepares a written decision which contains the findings of fact upon which the planning commission's decision is based. In preparing this written decision, all of the following findings of fact must be made in an affirmative manner. The proposed use is permitted within the subject zone district pursuant to the provisions of this section, complies with all applicable provisions of this title, is consistent with the goals, policies, and objectives of the general plan, and is consistent with the applicable development policies and standards of the city; and the proposed use would not impair the integrity and character of the zone district in which it is to be established or located; and the site is suitable for the type and intensity of use or development proposed; and there are adequate provisions for water, sanitation, public utilities and services to ensure public health and safety; and the proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; and the proposed use would not result in a significant effect on the environment; unless overriding considerations outweigh the potential impacts.

6. Conditions of Approval. In granting a conditional use permit, the planning commission, or the city council on appeal, shall require that the use and development of the property conform with the site plan, architectural drawings, statements submitted in support of the application, and with such modifications thereof as may be deemed necessary to protect the public health, safety, and general welfare and to secure the objectives of the general plan. The planning commission, or the city council on appeal, may also impose such other conditions as may be deemed necessary to achieve these purposes, including, but not limited to, the following matters:

a. Requirements for setbacks, yard areas, and open spaces;

b. Fences, walls, buffers, and screening;

c. Parking, parking areas, and vehicular ingress and egress;

d. Landscaping and maintenance of landscaping and grounds;

e. Regulation of signs;

f. Control of noise, vibration, odors, and other potentially dangerous or objectionable elements;

g. Limits on hours of operation or duration of approval;

h. Time period within which the proposed use shall be developed;

i. Requirements for street improvements and dedications;

j. Building designs and elevations;

k. Such other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this section;

l. Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the administering agency;

m. Requirements for periodical review by the planning commission, and such other conditions as the planning commission may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety, and welfare, and to enable the planning commission to make the findings required by subsection (C)(6) of this section.

7. Acceptance of Conditions. A conditional use permit shall not become title effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant and returned to the planning department and no appeal, consistent with the provisions of Title 7 Section 2.180 Chapter 2, has been filed with the planning department.

8. Revisions/Modifications. Requests to revise or modify an approved conditional use permit may be requested by the applicant or the planning commission. A revision or modification to an approved conditional use permit including, but not limited to change in conditions, expansions, intensification, location, hours of operation, or change of ownership, may be requested by an applicant. The applicant shall supply necessary information as determined by the planning director to indicate reasons for the requested change. The requested revision or modification shall be processed in the same manner as the original conditional use permit.

The planning commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the planning commission deems that there is sufficient evidence to warrant a full examination, a public hearing date shall be set. At such public hearing, the planning commission may modify or revoke the conditional use permit pursuant to the provisions of this section.

(Ord. 606 § 1 (part), 2007)