The City recognizes that, along with one-story, ranch-style homes, a residential stable is considered by the City to be a valuable asset on each property and a valuable component of the City's rural, equestrian character. Further, the City supports residents' desires to have a stable and horses on private property. The City also recognizes, however, that residents who do not currently own horses also legitimately desire to use their entire property, including their stables, and that some of these non-equestrian uses are compatible with the City's rural character. The purpose of this chapter is to protect and encourage the important community asset of residential stables, while at the same time permitting residents who do not have horses the flexibility to use stables for non-equestrian purposes. Nevertheless, because keeping of horses is desired in the community, stables that are permitted to be used for other than animal keeping uses shall always be capable of being converted back into a stable for keeping of animals.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010)

A.

Every lot or parcel in the RA-S zone is required to have an area developed with or set aside and usable for a stable, contiguous corral and access thereto as required by this section. Every lot or parcel for which a discretionary (including site plan review, conditional use permit or Variance) or administrative approval is required by this title in connection with the construction of a new single-family residence, the addition to an existing single-family residence, the construction of an accessory structure subject to a conditional use permit and the construction of a pool shall have an area developed with or set aside for a stable and corral as follows:

1.

Future stable and corral set aside area shall be a minimum of one thousand square square feet: four hundred fifty square feet minimum for the stable and five hundred fifty square feet minimum for the corral.

2.

All stables shall be a minimum of two hundred square feet; any unused portion of the required four hundred fifty square foot set aside area shall be kept available for future expansion of the stable. All corrals shall be a minimum of five hundred fifty square feet.

3.

The Planning Commission may develop guidelines to determine the appropriate size of a corral in relation to the size of the stable.

B.

In the event that a future stable and corral set aside area, as required in subsection A above, is shown on a plan in connection with a request for a discretionary approval and is located in an area that would require the approval of a variance, the variance request shall be processed and approved concurrently with such discretionary approval.

C.

Area of property that was approved as a set aside area for a future stable and corral prior to September 7, 2011, may be developed for such purpose, providing all of the requirements of this chapter are met, including the requirement for a conditional use permit.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 324, § 9 (Exh. A, Pt. G), 8-8-2011)

A.

No less than a six-foot wide roughened surface or dirt vehicular accessway to the stable and corral area for delivery of feed and removal of waste shall be provided. Such accessway shall not exceed a slope of twenty-five percent. This accessway shall not be entirely paved.

B.

A vehicular approach taking access directly from a roadway, whether or not paved, shall be subject to approval by the Traffic Commission and shall not be considered a second driveway within the meaning of Section 17.16.040(A)(1) if it provides access exclusively to a stable or corral. For stables of one thousand square feet or larger, access shall comply with the Fire Department requirements.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010)

A.

The following animal-keeping uses and structures are permitted, provided that any and all required permits have been obtained (such as a building permit and a zone clearance pursuant to Chapter 17.44), that no grading is required and all Code requirements are met. These uses may be permitted only on property with a legally established single-family residence:

1.

Animal pen, cage, aviary, or similar small animal shelter subject to the following requirements:

a.

Up to three such structures may be permitted on any one lot, however, any one or combination of all such structures shall not exceed two hundred square feet.

b.

Such structures, when not exceeding a total of two hundred square feet, may be permitted in addition to the construction of a stable and shall not be counted towards the size of the stable.

c.

The roof of such structures shall not exceed a peak height of eight feet and the average height shall not to exceed eight feet from the finished grade.

d.

Such structures shall not be located on a portion of the lot where the slope is greater than 4:1.

e.

Such structures shall not be permitted in the front yard or in the rear yard setback and shall be located no less than twenty-five feet from side property line in the RAS-1 zone, thirty-five feet from side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line.

f.

Such structures shall be located a minimum of thirty-five feet from any residential structure, including attached garage or a guest house.

g.

Such structures shall be used for the exclusive purpose of keeping permitted small domestic animals. Commercial uses are not permitted.

h.

Such structures shall be demolished and removed from the property within one year if no longer used for keeping of animals.

i.

Such structures shall not be counted towards structural, total or building pad coverage of the net lot for purposes of Chapter 17.16.

2.

Stable not greater than two hundred square feet, providing that except for the interior configuration, all requirements of Section 17.18.060 of this chapter are met.

3.

Run-in-shed subject to the following requirements:

a.

Up to two run-in sheds may be permitted on a property, the combined total size of which shall not exceed two hundred forty square feet and provided that a minimum of five hundred fifty square foot corral is also provided.

b.

Run-in-shed may contain a water trough.

c.

Run-in-shed shall not be located on a portion of the lot where the slope is greater than 4:1.

d.

Run-in-shed shall not be permitted in the front yard or in the rear yard setback and shall be located no less than twenty-five feet from side property line in the RAS-1 zone, thirty-five feet from side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line.

e.

Run-in-shed shall be located a minimum of 35 feet from any residential structure, including attached garage or a guest house.

f.

Run-in-shed shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses are not permitted.

g.

Run-in-shed, if no longer needed for keeping of animals, shall be maintained and kept in good condition and shall not be used for storage in such a way that it is visible from any street or neighbors.

h.

Run-in-shed shall be counted towards structural, total, building pad coverage and disturbed area of the net lot for purposes of Chapter 17.16.

4.

Roofed freestanding animal shelter open on all sides subject to the following requirements:

a.

Up to two freestanding animal shelters may be permitted on a property, the combined total size of which may not exceed two hundred forty square feet, but not for long-term keeping of animals and not a substitute for a stable.

b.

Such structure shall not be located on a portion of the lot where the slope is greater than 4:1.

c.

Such structure shall not be permitted in the front yard or in the rear yard setback and shall be located no less than twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line.

d.

Such structure shall be located a minimum of thirty-five feet from any residential structure, including attached garage or a guest house.

e.

Such structure shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses are not permitted.

f.

Such structure, if no longer needed for keeping of animals, shall be maintained and kept in good condition and shall not be used for storage in such a way that it is visible from any street or neighbors.

g.

Such structure shall be counted towards structural, total, building pad coverage and disturbed area of the net lot for purposes of Chapter 17.16.

5.

Corral and paddock, not to exceed five hundred fifty square feet, subject to the following requirements:

a.

Corral and paddock shall not be located on a portion of the lot where the slope is greater than 4:1.

b.

Corral and paddock shall be fenced.

c.

Corral and paddock shall not be permitted in the front yard, and shall be located no less than twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line and from the rear property line.

d.

Corral and paddock shall be located a minimum of thirty-five feet from any residential structure, including attached garage or a guest house.

e.

Corral and paddock shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses shall not be permitted.

f.

Corral and paddock do not have to be removed if no longer needed for keeping of animals, but shall not be paved.

g.

Corral and paddock are not to be counted towards structural, total and building pad coverage for purposes of Chapter 17.16.

6.

Turnout, subject to the following requirements:

a.

Turnout shall not be located on a portion of the lot where the slope is greater than 4:1.

b.

Turnout shall be fenced.

c.

Turnout shall not be permitted in the front yard, and shall be located no less than twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line and from the rear property line.

d.

Turnout shall be located a minimum of thirty-five feet from any residential structure, including attached garage or a guest house.

e.

Turnout shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses are not permitted.

f.

Turnout does not have to be removed if no longer needed for keeping of animals, but shall not be paved.

g.

Turnout is not to be counted towards structural, total and building pad coverage for purposes of Chapter 17.16.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 324, § 9 (Exh. A, Pt. J), 8-8-2011)

A.

The following animal keeping uses are permitted, provided a conditional use permit has been approved pursuant to Chapter 17.42 and building code requirements are met, including issuance of a building permit. These uses may be permitted only on property with a legally established single-family residence. In addition to a conditional use permit, a site plan review may be required. The Planning Commission may impose additional conditions pursuant to Chapter 17.42 of this title.

1.

Stable greater than two hundred square feet, subject to Section 17.18.060.

2.

Aviary greater than two hundred square feet, subject to Section 17.18.070.

3.

Wildlife rehabilitation facility, subject to Section 17.18.080.

4.

Corral greater than five hundred fifty square feet, subject to Section 17.18.090.

5.

Horseback riding ring, subject to Section 17.18.100.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010)

All stables over two hundred square feet shall meet the following requirements:

A.

General requirements and uses:

1.

The building occupied by a stable shall be designed for rural and agricultural purpose only.

2.

Stable structure shall not be permitted in the front yard, and shall be located no less than twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line and from the rear property line.

3.

Minimum of sixty percent of the entire structure shall be maintained for agricultural space as defined in Chapter 17.12 of this title, except as specified in Section 17.18.060(A)(5).

4.

Maximum of forty percent, but not to exceed eight hundred square feet, of the entire structure may be maintained as tack room space as defined in Chapter 17.12 of this title, except as specified in Section 17.18.060(A)(5). Tack room may be detached from the main stable structure.

5.

Notwithstanding any other provision of this chapter, an existing stable, legally constructed prior to the effective date of the ordinance from which this chapter derives (August 12, 2010), which has a loft area that is maintained as a tack room and the loft area comprises more than forty percent of the size of the first floor may continue to be maintained provided that the area of the loft used as a tack room does not exceed eight hundred square feet, that no other tack room exists on the property and the remaining of the structure and its uses are in compliance with the remaining sections of this chapter.

6.

When calculating the size of the stable, the entire footprint including the loft area shall be included, as measured from the exterior of the walls.

7.

If there is more than one stable building on a lot, the tack room space shall be calculated as a percentage of the entire square footage of the structures and such tack room space may only be located in one of the structures; notwithstanding the above, it may not exceed eight hundred square feet.

8.

Covered porch shall not be included in the size of the stable for the purpose of calculating the agricultural and tack room space of the stable.

9.

Stables shall not be used as sleeping quarters for humans.

10.

Stables shall be used for the exclusive purpose of keeping permitted domestic animals and related storage and uses, unless otherwise permitted by this chapter. Commercial uses shall not be permitted.

B.

Exterior appearance of stables and areas immediately adjacent thereto:

1.

Whether or not the stable is used for keeping permitted domestic animals, the exterior of the stable structure shall continue to appear as a stable.

2.

Areas adjacent to the agricultural space entrance/exit of a stable may have a porous, roughened surface but may not be paved. It shall remain such or may be covered with grass or other low growing ground cover during the time when the agricultural space is not used for keeping of horses or other animals.

3.

A porous surface (not paved) may be provided by the access to the tack room space of the stable.

4.

The surface area of a corral, pen, paddock, turnout or riding ring shall be covered with dirt or sand surface. It shall remain such or be planted with grass or other low growing ground cover during the time when the stable structure is not used for keeping of horses or other animals.

C.

Tack Room Space.

1.

Tack room shall only be used for activities that impact the senses in a manner similar or less than that of traditional stable activities. Furthermore, all activities that are loud, raucous, annoying, or that produce unusual noises, lighting or other impacts that offend the peace and quiet of persons of ordinary sensibilities and interferes with the comfortable enjoyment of life or property of any neighboring property are prohibited. Such permitted activities shall be deemed to be "passive activities" for the purpose of this chapter.

2.

Tack room shall not be used as sleeping quarters for humans.

3.

Tack room shall not exceed forty percent of the size of the stable, including the size of the loft, if any, except as specified in Section 17.18.060(A)(5) and may not exceed eight hundred square feet.

4.

Tack room may contain furniture, excluding beds.

5.

Tack room may have finished floors, walls and ceiling.

6.

Tack room may have glazed (glass) window openings.

7.

Tack room may have standard size doors.

8.

Tack room may have amenities such as air conditioning, heating, electrical and phone outlets.

9.

Tack room may have a kitchenette and sanitary facility, including shower, sink and toilet.

10.

Building and Safety Department review and building permits shall be required for all modifications.

11.

All modifications and retrofitting of the tack room space shall be made in such a manner so that it could be convertible to a tack room, at such time as the structure is to be used for keeping of animals.

12.

Tack room may be detached from the main stable structure, however it shall meet all the requirements for a tack room as specified in this section.

D.

Agricultural Space Within the Stable.

1.

Agricultural space shall be no less than sixty percent of the size of the stable including the size of the loft, if any, except as specified in Section 17.18.060(A)(5). Agricultural space may contain, but not be limited to stalls, wash racks, feed room, hay storage room, grooming area, tools and utilities storage area and other equestrian and agricultural spaces. The agricultural space may be used for storage of vehicles and general household items, but shall have a stable like appearance.

2.

Entry doorways to the stalls shall be a minimum of four feet wide and seven and one-half feet high.

3.

The exterior doors shall provide the appearance of a stable door.

4.

Roll up or overhead doors are prohibited.

5.

Ventilation and drainage facilities shall be subject to building code requirements.

6.

Safety electrical outlets with covers may be installed, however they shall be located out of horses' reach when the space is used for keeping of horses.

7.

Glazed (glass) window openings may be permitted during a time when the stable is not used for keeping of animals, but shall be removable for easy conversion to animal keeping uses.

E.

Loft Space within a Stable.

1.

Loft may be permitted above a stable structure.

2.

Loft may be used and counted as part of the agricultural space or as a tack room space, provided it meets the agricultural or tack room space requirements of Section 17.18.060(C) and (D)).

3.

Loft may not be used as a tack room, if another tack room exists within the stable structure or elsewhere on the property.

4.

Glazed (glass) window openings shall not be allowed in a loft if a loft is used for storage of hay, feed or other agricultural use. Notwithstanding the above, if the loft is used as other storage or working area or as a tack room, then removable glazed openings may be allowed.

5.

The plate height for the wall of the loft shall be no greater than seven feet.

6.

If a loft is constructed in such a way that access is provided from the exterior, the area immediately adjacent to the exterior of the loft shall not be paved, but may have a porous surface.

7.

The area immediately adjacent to the exterior of the loft shall not be used for parking of vehicles, except for vehicles delivering agricultural goods and equipment.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 324, § 9 (Exh. A, Pts. H, I, K), 8-8-2011; Ord. No. 332, §§ 8C, D, 1-14-2013)

All aviaries over two hundred square feet shall meet the following requirements:

1.

Shall not be located on lots of less than 3.5 acres, as measured by excluding roadway easements.

2.

The roof shall not exceed a peak height of sixteen feet.

3.

Shall not be located on a portion of the lot where the slope is greater than 4:1.

4.

Shall not be permitted in the front yard or in the rear yard setback, shall be located no less than twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from the side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line.

5.

Shall be located a minimum of thirty-five feet from any residential structure including attached garage or a guest house, located on the same lot, and a minimum of one hundred feet from a residential structure, including attached garage or a guest house located on adjoining lots.

6.

Shall be used for the exclusive purpose of keeping permitted birds and small animals indigenous to the State of California. Commercial uses shall not be permitted.

7.

Shall be counted towards structural, total, building pad coverage or disturbed area of the net lot for purposes of Chapter 17.16.

8.

May be permitted in addition to the construction of a stable and shall not be counted towards the size of the stable for purposes of this chapter.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 343, § 8, 6-22-2015)

Wildlife rehabilitation facility shall meet the following requirements:

1.

Shall not be located on lots of less than five acres.

2.

The combined square footage of structures devoted to the rehabilitation activities shall not exceed eight hundred square feet.

3.

Shall comply with all requirements of the California Department of Fish and Game, Wildlife Rehabilitation Program permitting and construction requirements. Proof of approval to construct and proof of approval to conduct wildlife rehabilitation activities from all appropriate state agencies shall be provided to the City prior to issuance of a building permit.

4.

The roof shall not exceed a peak height of twelve feet and average height not to exceed ten feet from the finished grade.

5.

Shall not be located on a portion of the lot where the slope is greater than 4:1.

6.

Shall not be permitted in the front yard or in the rear yard setback, shall be located no less than twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from the side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line.

7.

Shall be located a minimum of thirty-five feet from any residential structure including attached garage or a guest house located on the same lot, and a minimum of one hundred feet from a residential structure including attached garage or a guest house located on adjoining lots.

8.

Shall be used for the exclusive purpose of keeping permitted birds and small animals indigenous to the State of California and the rehabilitation thereof. Commercial uses shall not be permitted.

9.

Every two years from the approval of a wildlife rehabilitation facility, the property owner shall file with the City a statement of continuance of the wildlife rehabilitation activities. If such use is discontinued for two years, the wildlife rehabilitation facility shall be removed.

10.

The rehabilitation facility shall be counted towards structural, total, building pad coverage or disturbed area of the net lot for purposes of Chapter 17.16.

11.

The rehabilitation facility shall be permitted in addition to the construction of a stable and shall not be counted towards the size of the stable for purposes of this chapter.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010)

Notwithstanding Section 17.18.060(B)(4) of this chapter, corrals greater than five hundred fifty square feet shall meet the following requirements:

1.

Corral shall be fenced.

2.

Corral shall not be located on a portion of the lot where the slope is greater than 4:1.

3.

Corral shall not be permitted in the front yard of the lot and shall be located no less than twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from the side property line in the RAS-2 zone, no less than twenty-five feet from the side roadway easement line and no closer than twenty-five from the rear property line.

4.

Corral shall be contiguous to a stable.

5.

Corral shall be located a minimum of thirty-five feet from any residential structure, including attached garage or a guest house.

6.

Corral shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses shall not be permitted.

7.

Corral does not have to be removed if no longer needed for keeping of animals, but shall not be paved.

8.

Corral is not to be counted towards structural, total and building pad coverage for purposes of Chapter 17.16.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010)

Notwithstanding Section 17.18.060(B)(4) of this chapter, horseback riding rings shall meet the following requirements:

1.

Horseback riding ring shall be fenced.

2.

Horseback riding ring shall not be located on a portion of the lot where the slope is greater than 4:1.

3.

Horseback riding ring shall not be permitted in the front yard of the lot and shall be located no less than twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from the side property line in the RAS-2 zone, no less than twenty-five feet from the side roadway easement line and no closer than twenty-five feet from the rear property line.

4.

Horseback riding ring shall be located a minimum of thirty-five feet from any residential structure, including attached garage or a guest house.

5.

Horseback riding ring shall be used for the exclusive purpose of keeping and exercising permitted domestic animals. Commercial uses shall not be permitted.

6.

Horseback riding ring does not have to be removed if no longer needed for keeping of animals, but shall not be paved. It shall be kept in good repair at all times.

7.

Horseback riding ring is not to be counted towards structural, total and building pad coverage for purposes of Chapter 17.16.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 332, § 8E, 1-14-2013)

A.

The distance from a stable structure to any residential structure, including attached garage and guest house shall be measured from the footprint of the stable covered porch, or if no porch then from the footprint of the stable to the nearest footprint of the structure.

B.

The distance from pen, paddock, corral, turnout, riding ring, aviary and similar uses shall be measured from the footprint of the outermost fence to the nearest footprint of the residential structure including attached garage and guest house.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010)

Animal shelters shall not be covered with plastic, canvas or other fabric.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010)

A.

Stables and related areas shall be maintained in sanitary conditions.

B.

Animal waste shall not be allowed to accumulate, runoff or leach as to create a nuisance or be offensive to other persons in the vicinity. Animal manure shall be regularly disposed of in an approved manner or be composted.

C.

Each structure and related areas for keeping of animals shall be maintained so that there is no standing surface water or ponding within areas in which animals are kept.

D.

No stable or related areas for the keeping of animals shall be constructed or maintained in any regular, intermittent or seasonal watercourse or in a drainage course.

E.

Stables and related areas shall comply with all requirements of Chapter 8.32 relating to storm water and urban runoff pollution control measures, including the implementation of good housekeeping provisions.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010)

A.

All stables, and animal-keeping buildings, structures and enclosures that do not conform to the provisions of this chapter due to the size of the agricultural and the tack room space, plate height of the loft, size of corral and access, or other requirements of this chapter but which were legally constructed prior to September 7, 2011, shall be considered legal nonconforming. If modifications were made to such legal nonconforming stables and animal-keeping structures without required building permits, then such permits shall be obtained as required in subsection (D) below.

B.

Legal nonconforming stables and animal-keeping structures, as described in subsection (A) above, may be remodeled, repaired, reroofed and generally maintained within the existing footprint of such structures. However, any addition or expansion shall conform to the requirements of this chapter, including the provision for obtaining a conditional use permit.

C.

If a legal nonconforming stable and related structure, as described in subsection (A) above, is destroyed by fire, explosion, earthquake or other casualty, it may be reconstructed subject to the requirements of Section 17.24.050(D).

D.

Any modifications made to an existing, legally constructed stable prior to September 7, 2011, including windows, doors, electrical, plumbing, roofing, walls and all other improvements that are not reflected on an approved plan and/or for which building permits were not obtained from Building and Safety Department, but which meet the requirements of this chapter, including size of the interior spaces and uses, shall be submitted for review and approval by the City and building permits obtained. If the modified stable meets the requirements of this chapter, a conditional use permit shall not be required.

E.

If a stable existing prior to September 7, 2011, is larger than eight hundred square feet and is used for other than the permitted uses enumerated in this chapter, the property owner may apply for a conditional use permit to legally convert that structure to a permitted mixed use structure, subject to the requirements of Section 17.16.210(6) of this title, providing that the area used for other than the agricultural use is not greater than eight hundred square feet, and providing that the remaining structure meet the requirements of this title. The Planning Commission may limit such conversion to a specific use and/or require modifications to the structure, such as, but not limited to, relocating doors, windows and other features, so that adjacent neighbors are not adversely affected. Such conversion and construction shall be subject to building code requirements and a building permit shall be obtained.

F.

If a stable was legally constructed as of September 7, 2011, with a loft, and the stable is not used for the permitted uses enumerated in this chapter, the structure and the loft shall be modified to meet the requirements of this chapter. Pursuant to the requirements of Section 17.18.060 of this chapter, the loft area may be used for a tack room with the remaining structure being used for agricultural uses including storage. If the lower portion of the structure contains a tack room, the loft may only be used for storage of agricultural and households goods and shall not have a kitchenette or other plumbing facilities. Such conversion or modification shall be subject to building code requirements and a building permit shall be obtained.

G.

All properties having stables and other animal keeping structures shall be brought into compliance with the requirements of this chapter by September 7, 2013. Residents may request a compliance inspection of their stable and animal keeping uses on their property to be conducted by the City up until September 7, 2013.

H.

Notwithstanding subsections (A) through (G) above, property owners of stables that do not conform to the provisions of this chapter due to the size of the agricultural and the tack room space, plate height of the loft, size of corral and access, or other requirements of this chapter, and that were constructed or modified prior to September 7, 2011 and/or were used for a purpose other than animal-keeping prior to September 7, 2011, may apply for a "stable use permit" granting such structures the legal right to exist under this code that runs with the land, with not having to provide additional area for a set aside for a future stable and corral, if the following requirements are met:

1.

The structure is not larger than eight hundred square feet.

2.

The structure has one story only.

3.

The owner pays a fee set by a resolution of the City Council that reimburses the City for the reasonable costs of this permit.

4.

Owner consents to an inspection including photographic records of the current structure of the current use.

5.

Owner must apply for and obtain building permits for any and all portions of the structure that were modified without building permits.

6.

The structure shall not be located in a setback or front yard, except if in the permitted rear setback.

7.

The structure shall not be used for sleeping.

8.

The structure shall have a stable-like appearance from the exterior.

9.

The structure shall not be modified further unless it is to accommodate animals or to repair, remodel re-roof or generally maintain such structure within the existing footprint.

10.

The structure shall only be used for passive or animal keeping activities.

11.

There is an area adjacent to the structure usable for a corral.

The City Manager shall be authorized to approve, conditionally approve or deny the stable use permit on the basis of whether the requirements of this subsection (H) are met, providing the applicant submitted signed statements from at least one owner of each adjacent property and shall state that the owner is in support of the use. If such statement is not submitted from at least one owner of each adjoining property then a hearing shall be scheduled before the Planning Commission. Written notice shall be sent by regular mail to all adjacent property owners a minimum of ten days prior to said hearing. After such a hearing is held, the Planning Commission shall be authorized to approve, conditionally approve or deny a stable use permit on the basis of whether the requirements of this subsection are met.

I.

Notwithstanding any other provision in this code, if an existing stable structure or portion thereof is currently used as sleeping quarters, a guest house or any other use not permitted in this chapter, such use shall cease.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 324, § 9 (Exh. A, Pt. L), 8-8-2011)