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Sonora City Zoning Code

17.77

General Provisions and Exceptions

17.77.010 - Applicability

The regulations set forth in this chapter shall modify or supplement the zoning district regulations appearing elsewhere in this title.

(Ord. 814, § 1, 12-17-12)

17.77.020 - Livestock Keeping

A.

Purpose—Livestock Keeping. The City of Sonora recognizes the health, educational and economic benefits of allowing residents to raise a limited number of livestock within the city limits. The following provisions are intended to allow flexibility for residents to benefit from livestock keeping while preserving adjacent property values and the health and safety of all city residents.

B.

Title 6 (Animals) Consistency—Livestock Keeping. The following provisions are in addition to those contained in Sonora Municipal Code (SMC) Title 6 (Animals). Definitions governing this section are as set forth in SMC Section 6.04.020 and Chapter 17.04. Wherever a conflict occurs between the provisions contained in SMC Title 6 and Title 17 relative to this section, the more restrictive provisions shall apply.

C.

Limits—Livestock Keeping. Parcels qualifying for livestock keeping in the City limits shall meet all of the following standards:

1.

Parcels, dwelling units, families or individuals that may qualify for livestock keeping are:

a.

Parcels that permit a single-family detached residence, including nonresidentially zoned parcels permitting a single-family or caretaker residence as a use permitted by right; or

b.

Vacant parcels regardless of zoning; or

c.

Parcels with a legal nonconforming residence; or

d.

An individual dwelling unit in a multi-family complex, an individual or family in farmworker or employee housing, or an individual occupying special needs housing that maintains control of a minimum parcel area consistent with the livestock density standards in subsection 2. "Control of a minimum parcel area" may be demonstrated by providing written permission from the landowner, landlord, or equivalent to the city that the tenant has permission to undertake livestock keeping in accordance with city standards and designating the size and location of the subject acreage.

2.

Parcels meeting the requirements of subsection one also shall meet the livestock density standards in the following table.

Livestock Density Standards

One small non-hoofed animal unit = twelve poultry, or twelve rabbits, or any combination of poultry and rabbits totaling twelve individual animals

One small hoofed animal unit = two sheep or two goats

One large hoofed animal unit = One domesticated hoofed animal excluding small hoofed animals

Minimum Parcel Size (gross)Maximum Allowable Livestock
Up to 0.49 acre ¼ small non-hoofed animal unit (e.g., 3 chickens; or 2 chickens and one rabbit, or 2 rabbits and one chicken, or 3 rabbits)
0.5 to 0.74 acre ½ small non-hoofed animal unit
0.75 to 0.99 acre ¾ small non-hoofed animal unit
1.0 acre and above 1 large hoofed animal unit/a/ per 1 acre or 1 small hoofed animal unit per acre plus 1 small non-hoofed animal unit per 1 acre - up to a maximum of 24 small non-hoofed animals on any single parcel

 

D.

General Standards—Livestock Keeping. All livestock keeping within the City limits shall comply with the following:

1.

All livestock shall be maintained in a clean and sanitary manner and shall not pose a threat to public health or safety.

2.

Livestock shall not be allowed to wander off their owner's property.

3.

Where covenants, conditions and restrictions (CC&Rs) or similar devices pertaining to livestock keeping conflict with the provisions of this section, the more restrictive requirements shall apply. Where CC&Rs or similar devices are more restrictive than those of this section, the city will enforce only the provisions of this section.

4.

Livestock shall not be kept inside structures used for human habitation.

5.

Livestock keeping in violation of this section shall be deemed an "animal nuisance" as defined in Section 6.04.020(D).

E.

Standards for Small Non-Hoofed Animal Livestock Keeping. In addition to the general livestock keeping standards in subsection D, the following standards also shall apply to small non-hoofed animal livestock keeping:

1.

Poultry shall be maintained in a moveable coop or chicken tractor on parcels less than one acre in size.

2.

Small animals shall be maintained within the confines of the property, but may be allowed to roam outside of coops, chicken tractors or cages on parcels of one acre or larger.

3.

Coops or cages, including moveable coops and chicken tractors, shall be located outside of required setbacks.

4.

Feed shall be stored in rodent-proof containers.

5.

Meat shall be for the use of the parcel residents only and shall not be used or sold for commercial purposes. Eggs produced on a parcel may be sold from that parcel.

6.

Slaughtering shall occur indoors only.

7.

Roosters are prohibited.

F.

Standards for Hoofed Livestock Keeping. In addition to standards for general livestock keeping in subsection D, the following also applies:

1.

Setbacks for stalls, barns, sheds, corrals or other livestock keeping structures shall be a minimum of twenty-five feet from the property line.

2.

Hoofed-livestock slaughtering on the parcel is prohibited.

G.

Enforcement, Violations and Penalties—Livestock Keeping. The provisions of this section shall be enforced by the animal control office as established in Section 6.04.030. Any person in violation of this section is guilty of an infraction punishable by a fine for the first violation and is guilty of a misdemeanor for subsequent violations subject to the procedures and penalties as prescribed in Title 4 and Chapters 1.08 and 17.70. Any animal impounded pursuant to Chapter 6.04 or Section 17.77.020 shall additionally be subject to fees and charges for impounding as specified in Section 6.04.261.

(Ord. 814, § 1, 12-17-2012)

17.77.030 - Cottage Food Operation

A.

Cottage food operations (CFOs) shall comply with the provisions of California Government Code Section 51035 and the standards adopted by the City for compliance with Government Code Section 51035 as specified in this Section.

B.

CFOs are a permitted use within any private home. A cottage food operator must live within the private home where the CFO is being conducted. A "private home," for the purposes of a CFO, shall mean a dwelling, including an apartment or other leased space.

C.

All CFOs shall submit a cottage food operation permit (CFO Permit) in a format as prescribed by the community development director prior to commencing operations. A CFO permit shall be reviewed and approved, conditionally approved, or denied by the community development director without a hearing. A CFO permit:

1.

Is required for each CFO location and is not transferable between persons or locations.

2.

May be conditioned by the community development director to ensure consistency with the requirements of this section.

3.

May be denied by the community development director if the CFO does not comply with Government Code Section 51035 and the provisions of this section.

4.

Is subject to a fee of fifty dollars, unless otherwise approved by the city council. Each CFO permit amendment is subject to the same fee.

D.

CFO's shall comply with the following:

1.

Obtain a business license from the city prior to commencing operations;

2.

Provide proof, where applicable, of landlord permission to operate a CFO on the premises;

3.

A CFO shall not be located closer than three hundred feet from another CFO as necessary to prevent over-concentration. Three hundred feet shall be as measured between the outer wall of any structure housing the CFO to the nearest outer wall of the next CFO.

4.

CFO's may have one full-time equivalent employee (not counting family members).

5.

All parking associated with the CFO shall be on-site (i.e., off-street). No more than one visitor's vehicle and one nonresident employee's vehicle shall be parked on the site at any time in addition to those off-street parking spaces required for the subject dwelling as prescribed in SMC Chapter 17.42 (unless otherwise specified in a city-issued entitlement). All on site vehicle parking shall be designed and constructed in accordance with SMC Section 17.42.040.

6.

Direct sales from the site of the cottage food operation shall be by prior appointment only and limited to one customer-per hour per day. All sales shall occur between 7 a.m. and 8 p.m. Mondays through Fridays, 8 a.m. to 8 p.m. on Saturdays, and 10 a.m. to 3 p.m. on Sundays and federal holidays.

7.

All commercial deliveries shall occur between 8 a.m. and 6 p.m. Monday through Saturday. Commercial deliveries are prohibited on Sundays and federal holidays.

8.

Noise levels generated by the CFO shall comply with the exterior noise limits as prescribed in Figure 17 of Sonora General Plan 2020, as may be amended.

9.

Signage is prohibited.

10.

No outside storage of materials or supplies is permitted.

11.

There shall be no change in the outside appearance of the dwelling unit or premises or other visible evidence of the conduct of the CFO.

12.

Except for vehicle parking, no outdoor portions of the premises shall be used for cottage food operations including outdoor sales and visitation.

13.

Customers cannot dine at the CFO.

14.

CFOs may not exceed gross sales levels as established by the State of California for CFOs. The city may request a copy of the CFO operator's most recent income tax return to verify gross sales receipts.

15.

CFOs shall provide a copy to the city of the approved CFO registration or permit as required by the Tuolumne County Community Resources Agency Environmental Health Division.

16.

Other measures as may be determined necessary by the community development director for compliance with this section, the Government Code, and the health and safety of the community in which the CFO is being conducted.

E.

Expansion or relocation of a CFO without amending the CFO permit shall constitute a violation of this section. Failure to comply with any condition attached to the CFO permit by the community development director shall constitute a violation of this section. Any person in violation of this section is guilty of an infraction punishable by a fine for the first violation and is guilty of a misdemeanor for subsequent violations subject to the procedures and penalties as prescribed in Title 4, Chapter 1.08 and Chapter 17.70 of the Sonora Municipal Code.

F.

Decisions of the community development director are final and may not be appealed.

(Ord. 816, § 3, 4-1-2013)