Escondido City Zoning Code
ARTICLE 9
ANIMAL OVERLAY AO ZONE
§ 33-140 Purpose.
It is the purpose of the animal overlay (AO) zone to provide animal regulations in rural areas identified as residential agriculture (R-A) and residential estate (R-E) zones to encourage a continued rural life style.
(Zoning Code, Ch. 104, § 1049.1; Ord. No. 90-40, § 1, 8-15-90)
§ 33-141 Applicability.
This zone shall be applied upon request, subject to discretionary review, to areas zoned R-E and R-A.
(Zoning Code, Ch. 104, § 1049.2; Ord. No. 90-40, § 1, 8-15-90)
§ 33-142 Designation of zone.
Establishment of an AO zone, in combination with an R-E or R-A zone, shall be designated in the official zoning map of the city by adding the designation "AO" in parentheses as a suffix to the regular zoning designation.
Example: the AO zone used in conjunction with the R-E zone would be shown in the zoning map as R-E (AO).
(Zoning Code, Ch. 104, § 1049.3; Ord. No. 90-40, § 1, 8-15-90)
§ 33-143 Permitted and conditional uses and structures and permitted accessory uses and structures.
The permitted uses and structures and the accessory uses and structures shall be those which are indicated in the underlying zone, except for the following list of animals which shall be permitted or conditionally permitted as specified in Table 33-143.
(Zoning Code, Ch. 104, § 1049.41; Ord. No. 90-40, § 1, 8-15-90)
§ 33-144 Animal enclosures.
(a)
Animals shall be confined in an animal enclosure.
Table 33-143 | |||
|---|---|---|---|
Lot Size | |||
Less Than 20,000 SF | 20,000 SF—4 Acres | Over 4 Acres | |
Horses* | No limit | No limit | No limit |
Other Large Animals | 2 | 1 per 1/2 Acre | 8 + 1 for each additional acre |
Dogs and Cats | 7 | 7 | 7 |
Small Animals | 25 | 25 | 25 |
Poultry | 25 | 25 | 25 |
Birds | 25** | 25** | 25** |
Exotic Animals | Requires CUP | Requires CUP | Requires CUP |
Notes: | |
|---|---|
* | Grazing of horses, bovine animals and sheep permitted provided no building, structure, pen or corral shall be designed or used for housing or concentrated feeding of animals, and the number of animals shall not exceed one per 1/2 acre of land. |
** | Additional by conditional use permit. |
(b)
Animal enclosures are defined as pens, coops, hutches, stables, corrals and similar structures used for the keeping of poultry or animals.
(1)
That the location, size, and design of the animal enclosure(s) will be compatible with adjacent uses, residences, buildings or structures, with consideration given to the suitability of the site for the number of animals proposed on the premises, and the harmful effect, if any, upon desirable neighborhood character.
(2)
Animals shall be provided with adequate living facilities including an enclosed paddock, corral or stall, etc. for keeping. Such area shall be located within an animal enclosure or stable. Paddocks, corrals or stalls for horses and large animals shall have enough room for the animal to move about and lay down without restriction.
(3)
An animal enclosure shall be maintained to standard best management practices in compliance with the grading, stormwater, and watershed protection ordinances.
(4)
Manure Management. The area shall be kept in a clean and sanitary manner by the daily removal of manure to a manure management area from all usable areas to prevent the accumulation of flies, the spread of disease, or offensive odor. Manure shall be kept in the manure management area in a covered or enclosed bin or container unless being composted. Manure shall be removed from the property a minimum of every other week or properly composted onsite. The manure management area shall meet animal enclosure setbacks.
(Zoning Code, Ch. 104, §§ 1049.42.1, 1049.42.4; Ord. No. 90-40, § 1, 8-15-90; Ord. No. 2019-10, § 7, 8-21-19)
§ 33-145 Animal enclosure setback requirements.
(b)
Animal enclosures shall be set back from any residence 20 feet.
(c)
Additional setbacks shall be required for a private horse stable and commercial horse stable as follows:
(1)
All storage areas of materials related to the horse stable use and parking shall meet the animal enclosure setbacks, this includes trailer parking, loading and delivery areas, hay storage, etc.
(2)
Any structure permitted as part of a commercial horse stable that is over 1000 square feet in area shall meet a minimum twenty–five (25) foot setback from all property lines. Such structures include barns, hay barns, covered arenas, covered riding areas, stables and other structures.
(Zoning Code, Ch. 104, §§ 1049.42.2—1049.42.3; Ord. No. 90-40, § 1, 8-15-90; Ord. No. 2019-10, § 7, 8-21-19)
§ 33-146 Animal enclosure setback exemption.
A fenced pasture containing a minimum of two acres, with no building used for human habitation and having no interior cross-fencing, is exempt from the animal enclosure setback requirements.
(Zoning Code, Ch. 104, § 1049.42.5; Ord. No. 90-40, § 1, 8-15-90)
§ 33-147 Property development standards.
§ 33-148 Parcel requirements for R-A zones.
The minimum area in square feet (SF) of any lot or parcel of land in the R-A (AO) zone shall be as indicated below for the zone in which the lot or parcel is situated:
(a)
Newly created lots or parcels:
R-A (AO) | 5 acres | 217,800 SF |
R-A-10 (AO) | 10 acres | 217,800 SF |
(b)
Legal nonconforming lots or parcels in an R-A zone:
R-A (AO) | 20,000 SF |
R-A-10 (AO) | 20,000 SF |
(c)
Legal nonconforming lots or parcels in an R-A (AO) zone may be less than 20,000 square feet bordered by a physical barrier such as a flood control channel, a street or a landform which would provide enough separation to minimize impacts as determined by the planning commission.
(Zoning Code, Ch. 104, § 1049.52; Ord. No. 90-40, § 1, 8-15-90)
§ 33-149 Parcel requirements for R-E zones.
The minimum area of any lot or parcel of land in the R-E (AO) zone shall be as indicated below for the sub-zone in which the lot or parcel is situated:
(a)
Newly created lots ranging from 20,000 square feet (SF) to 110,000 square feet in increments of 10,000 square feet:
Sub-zone | Minimum Area |
|---|---|
RE-20 (AO) | 20,000 SF |
RE-30 (AO) | 30,000 SF |
RE-40 (AO) | 40,000 SF |
RE-50 (AO) | 50,000 SF |
RE-60 (AO) | 60,000 SF |
RE-70 (AO) | 70,000 SF |
RE-80 (AO) | 80,000 SF |
RE-90 (AO) | 90,000 SF |
RE-100 (AO) | 100,000 SF |
RE-110 (AO) | 110,000 SF |
(b)
Newly created lots ranging from 130,000 square feet to 210,000 square feet in increments of 20,000 square feet:
Sub-zone | Minimum Area |
|---|---|
RE-130 (AO) | 130,000 SF |
RE-150 (AO) | 150,000 SF |
RE-170 (AO) | 170,000 SF |
RE-190 (AO) | 190,000 SF |
RE-210 (AO) | 210,000 SF |
In a subdivision, the planning commission may authorize an exception to the minimum lot area, provided that special circumstances such as extreme topography, drainage or unusual shapes exist; that there is a favorable staff recommendation; and the lots shall average the area requirement of the zone.
(c)
Legal nonconforming lots or parcels in the R-E zone ranging from 20,000 square feet to 110,000 square feet in increments of 10,000 square feet:
Sub-zone | Minimum Area |
|---|---|
RE-20 (AO) | 20,000 SF |
RE-30 (AO) | 20,000 SF |
RE-40 (AO) | 20,000 SF |
RE-50 (AO) | 20,000 SF |
RE-60 (AO) | 20,000 SF |
RE-70 (AO) | 20,000 SF |
RE-80 (AO) | 20,000 SF |
RE-90 (AO) | 20,000 SF |
RE-100 (AO) | 20,000 SF |
RE-110 (AO) | 20,000 SF |
(d)
Legal nonconforming lots in the R-E zone ranging from 130,000 square feet to 210,000 square feet in increments of 20,000 square feet:
Sub-zone | Minimum Area |
|---|---|
RE-130 (AO) | 20,000 SF |
RE-150 (AO) | 20,000 SF |
RE-170 (AO) | 20,000 SF |
RE-190 (AO) | 20,000 SF |
RE-210 (AO) | 20,000 SF |
(e)
Legal nonconforming lots or parcels in an R-E (AO) zone may be less than 20,000 square feet if bordered by a physical barrier such as a flood control channel, a street or a landform which would provide enough separation to minimize impacts as determined by the planning commission:
Size may be less than 20,000 square feet if approved by the planning commission.
(Zoning Code, Ch. 104, § 1049.53; Ord. No. 90-40, § 1, 8-15-90)