The keeping of dogs, cats and other small animals that does not constitute a kennel as defined by this Code are not subject to the requirements of this chapter.

Wild or undomesticated animals require a wild animal permit as specified in the Encinitas Municipal Code.

The requirements of this chapter do not apply to small animals, specialty animals, dogs, or cats which are kept for sale in zones where retail sales are permitted provided that all activities are conducted entirely within an enclosed building, the building is completely soundproof, there are no outside runs or cages, no boarding of animals, no outside trash containers, and no offensive odors.

Within the listed residential zones (RR, RR-1, RR-2, R-3, R-5, R-8 and RS-11) the following animal-related activities are allowed subject to the limitations specified in this chapter:

All enclosures must be at least 35 feet from any dwelling unit on an adjacent lot.

All enclosures shall be required to maintain a 100-foot buffer from all wetland areas and a 50-foot buffer from riparian wetland areas per Section 30.34.040B3 of the Encinitas Municipal Code.

The keeping of animals shall not be permitted in the required front or street sideyard setback areas for main buildings, unless the lot on which the animals are kept is larger than half an acre or located in RR zones.

All enclosures shall be adequate to contain the animals intended to be enclosed and in all cases animals shall be contained within the boundaries of the property on which they are housed. Said animals shall not impact properties that contain environmentally sensitive areas.

All excrement produced by the animals shall be disposed of on a regular basis so as to control flies and odor.

Low-voltage electrical fencing is permitted for containment of large animals subject to the following regulations:

The premises shall be kept in a clean and sanitary manner by the daily removal of waste and by the use of spray and disinfectants to prevent the accumulation of flies, the spread of disease or offensive odor.

Kennels shall conform to the regulations regarding noise found in Chapter 30.40.

Animal odors shall not be detectable beyond the lot lines of the property where the kennel is located.

Dust and drainage from the kennel enclosure shall not create a nuisance or a hazard to adjoining property uses.

The kennel enclosure shall be screened by a nontransparent fence at least six feet in height.

Where a kennel is located on property abutting any residential property, no enclosure shall be located within 50 feet of any interior side lot line or within 25 feet of the rear lot line.

Animal raising projects shall be limited to the keeping, raising and breeding of domesticated animals for 4-H, FFA or other similar youth projects.

Where required, a temporary use permit for animal raising projects may be granted by the Director of Planning and Building for a period not to exceed two years.

Other conditions pertaining to the type, number, and locations of animals may be imposed with approval of the temporary use permit that are reasonable and necessary for the protection of the health and welfare of both the animals and the public.

Minimum lot size of 10 acres is required, unless otherwise approved through the conditional use permit process.

A major conditional use permit is required for this use to regulate, among other concerns, traffic, accessory uses, the number of animals allowed per site, the management of animal waste to prevent discharges of sediments, nutrients and contaminants to streams, wetlands, estuaries, lakes and groundwater, business hours and the number of events per year.

Accessory uses such as tack shops, on-site sale of food for people and animals, or similar uses may be permitted.

A private stable exceeding the number of animals permitted pursuant to Municipal Code Chapter 30.55 will require a minor use permit to regulate, among other concerns, the management of animal waste to prevent discharges of sediments, nutrients and contaminants to streams, wetlands, estuaries, lakes and groundwater.