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Smithfield City Zoning Code

17.14 ANIMAL

RIGHTS REGULATIONS FOR R-1 ZONES

17.14.010 PURPOSE

The purpose of this chapter is to provide for the keeping of animals, other than household pets, within the single-family residential zone if certain provisions and conditions are met as outlined herein.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.14.020 DEFINITIONS

For the purposes of this chapter:

ANIMAL: Individual or a combination of the following species: horses, cattle, llamas, mules, sheep, goats, turkeys, ducks, geese, rabbits, pheasants, pigeons. Exclusive of household pets.

ANIMAL EQUIVALENT UNIT (AEUs): A unit of measure used to equate numbers of animals of different species based on their size, social and environmental impact to a specific number.

ANIMAL RIGHTS: The right to keep, maintain, or board animals for personal, commercial, agricultural, or recreational use.

PARCEL: A single piece of land under one ownership or a single piece of land under one ownership together with contiguous pieces which may be under separate ownership but have been pledged to the primary piece for the purpose of increasing the available land necessary to establish animal rights.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.14.030 NUMBER OF ANIMALS PERMITTED

Animals may only be kept within a single-family residential zone when permitted by this title and in accordance with the provisions of these regulations.

  1. Number Allowed: The number of allowable animals kept shall be determined based on the animal equivalent unit (AEU) for each animal and the size of the parcel set aside for the animals.
  2. Classification: Each animal species shall be assigned one of the following classifications based on their size, and their anticipated social and environmental impact:
    1. Large size animal - cattle, horse, donkey, mule.
    2. Medium size animal - sheep, goat, emu, llama.
    3. Large fowls - turkey, geese.
    4. Small animals, fowl - pigeons, pheasants, ducks, rabbits.

Animals not listed above and which are not considered household pets or animals which are not otherwise restricted, may be kept in accordance with this section in numbers consistent with their approximate size. Chickens (Domestic Fowl) and pigs are not included in this Section. For Chickens (Domestic Fowl) see SMC 17.12.030 "Keeping Chickens (Domestic Fowl)". For Pigs see SMC 17.12.235 "Keeping Pigs".

  1. Animal Equivalent Units: Each classification of animal shall be represented by an animal equivalent unit as follows:
    Animal Classification  Adult Animal Equivalent Unit
    Per Animal  
    Animal Density
    Per AEU 
    Large animal  1.001.00
    Medium animal0.50  2.00
    Large fowls0.10  10.00  
    Small animal and fowl 0.0520.00
  2. Animal Density: The number of animals assigned to a parcel shall not exceed a density of two (2) animal equivalent units (AEU) per acre. Animal species can be mixed provided the allowable density is not exceeded.
HISTORY
Adopted by Ord. 15-20 on 11/11/2015
Amended by Ord. 20-25 on 11/4/2020
Amended by Ord. 2025-07 on 7/9/2025

17.14.040 YOUNG ANIMAL ALLOWANCE

Animals which are less than one year old in the large animal and the medium animal categories as listed in the table above will only count at half the adult animal unit equivalent rate.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.14.050 COMBINING LAND

A lot may be combined with adjoining lots for the purpose of creating a parcel of sufficient size to meet the minimum requirements for the establishment of animal rights as outlined in this chapter subject to the following conditions:

  1. An agreement between the applicant and the adjoining lot owner assuring the use of the adjoining lot owner's land by the applicant for the purpose of harboring animals must be recorded at the office of the county recorder and be on file with the city recorder.
  2. If the owner of property that has been pledged to another should sell all or a portion of the pledged property, the animal rights permit will be revoked unless a new agreement is recorded at the office of the county recorder and filed with the city.
  3. Any fencing or barriers or portions of such, between the applicant's property and the adjoining lot shall be opened to allow for free passage of any animals from one lot to the other.
  4. Lot area pledged to another cannot be subdivided without the loss of animal rights.
  5. Land pledged to another cannot include area within required yard space, i.e., front yard, side yard and rear yard.
  6. If the owner of a lot that has pledged land to create a parcel for the purpose of establishing animal rights should sell that lot, animal rights will be lost unless a new agreement is signed and recorded with the new lot owner.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.14.060 REGULATIONS REGARDING FEEDING AND HOUSING ANIMALS

  1. Where permitted under the provisions of this title, any large and medium sized animals are to be fed at least forty five feet (45') from the owner's dwelling and seventy five feet (75') from any neighbor's dwelling as measured from the closest point of the corral or enclosure to the closest point of the dwelling.
  2. These restrictions only apply to the permanent corral, stable, shed, barn or other protected or restricted area wherein the animal is fed and housed and not to the temporary grazing of livestock in pastures that are separate from a residential parcel.
  3. Corrals, stables, sheds, barns, and other areas where animals are housed and fed must be cleaned of all animal waste (manure) and soiled bedding material on a regular basis (weekly). All waste must be disposed of properly and not be stockpiled, except during the winter months, beginning November 1, when disposal is difficult. Any wintertime stockpile must be removed no later than April 15. Waste stockpiles have the same setback restrictions as corrals, sheds, etc.
  4. Using a common fence between adjoining lots for the purpose of pasturing, corralling, or otherwise containing large or medium animals shall be prohibited unless the adjoining property owner gives consent. If consent is not given, the owner of the animals must provide a secondary fence or other acceptable means to restrict animals from the joint fence.
HISTORY
Adopted by Ord. 15-20 on 11/11/2015
Amended by Ord. 20-25 on 11/4/2020

17.14.070 TRESPASS BY FOWL OR ANIMALS

It is unlawful for the owner or any person in charge of any animal or fowl to allow such animal or fowl to trespass upon the premises of another.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.14.080 PROHIBITED ANIMALS

It is prohibited, whether on a temporary or a long term basis, to keep the following either under the provisions of this chapter or as household pets:

  1. Alligators and crocodiles.
  2. Bears (Ursidae). All bears including grizzly bears, brown bears, black bears, etc.
  3. Cat family (Felidae). All except the commonly accepted domesticated cats, including cheetah, cougar, leopard, lion, lynx, panther, mountain lion, tiger, wildcat, etc.
  4. Dog family (Canidae). All except domesticated dogs, including wolf, fox, coyote, dingo, etc.
  5. Ostrich (Struthionidae).
  6. Peacock (Pavo crisatus).
  7. Porcupine (Erethizontidae).
  8. Primate (Hominidae). All subhuman primates.
  9. Raccoon (Prosynnidae). All raccoons including eastern raccoon, desert raccoon, ringtailed cat, etc.
  10. Skunks.
  11. Venomous fish and piranha.
  12. Venomous snakes, lizards or other venomous reptiles.
  13. Weasels (Mustelidae). All including weasels, martens, wolverines, badgers, otters, ermine, mink, mongoose, etc. Additionally, all furbearing animals in "fur farms" are also prohibited, except ferrets which are allowed as a household pet.
  14. Any otherwise prohibited wild animals such as big game animals which are restricted by state or federal law.
HISTORY
Adopted by Ord. 15-20 on 11/11/2015
Amended by Ord. 2025-07 on 7/9/2025

17.14.090 CONTINUANCE OF NONCONFORMING ANIMAL RIGHTS

Refer to SMC 17.16.060 of this title for specific regulations regarding nonconforming uses; provided, however, that the prohibitions in SMC 17.14.080, "Prohibited Animals", of this chapter shall apply immediately and shall not be subject to exceptions in SMC 17.16.060 of this title. Property owners of parcels with established nonconforming animal rights will not be required to adhere to this chapter provided they maintain the nonconforming animal rights on said property. If the nonconforming animal rights are not maintained for any reason, this chapter shall apply to the property, provided said property is one acre or larger.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.14.100 TRANSFERRING THE ANIMAL RIGHTS FOR ANOTHER PIECE OF PROPERTY

The right to keep animals on a parcel is not transferable to another parcel.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.14.110 ANIMAL RIGHTS IN PLATTED SUBDIVISIONS

Lots in major or minor subdivisions are not eligible for animal rights.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.14.120 PROHIBITIONS ON THE KEEPING OF ANIMALS WHICH CAUSES EXCESSIVE SOIL EROSION OR DUST

The keeping of animals is not allowed when such keeping causes excessive soil erosion or dust by reason of overgrazing, trampling or other destruction of ground. This applies to both irrigated or nonirrigated ground. The keeping of animals on such parcels shall be considered a public nuisance. The maximum number of animals which may be kept in such areas shall be in accordance with this chapter, but shall be further restricted to a number which does not cause the loss, trampling or other destruction of ground cover resulting in excessive soil erosion, dust, or odors.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.14.130 PERMIT REQUIRED

Those wishing to establish animal rights for a particular lot or parcel shall first obtain an animal rights permit from the planning commission.

  1. Permits: Permits shall be granted for a maximum of three (3) calendar years and shall be renewed on or before December 31 of the third year regardless of the month in which it is granted. Renewals must be applied for and granted prior to the renewal date.
  2. Permit Fee: The applicant shall pay the applicable permit fee as established in the most recent prevailing fee schedule adopted by resolution of the Smithfield City council.
  3. Renewals: The planning and zoning administrator may issue renewals of an existing animal rights permit provided there have been no verifiable violations of the existing permit reported by the animal control officer. Violations may include excessive noise and/or containment issues related to the animals.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015
Amended by Ord. 16-06 on 1/11/2017

17.14.140 REVOCATION

The permit may be revoked by the planning commission upon failure to comply with the conditions imposed at the time of original approval. It may also be revoked for just cause, such as:

  1. Negative impact on the health, safety and welfare concerns of the residents of Smithfield.
  2. Complaints of noise, odor, failure to keep the animal under proper care and/or control.
  3. Creation or existence of a public or private nuisance.
  4. Legitimate written complaints received by the animal control officer concerning the animals.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.14.150 APPEALS

Appeal of any decision regarding animal rights permits shall be to the city council. Notice of appeal specifying the grounds for the appeal shall be made in writing and shall be filed at the office of the city recorder. The city recorder shall cause a copy of the notice to be given to the chairperson of the planning commission. The notice of appeal shall be filed not more than ten (10) working days after the decision by the planning commission. The city council may affirm, modify or reverse the decision of the planning commission, and the city council shall present, in writing, the reasons for its action.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

15-20

20-25

2025-07

16-06