West Haven City Zoning Code
ANIMAL KEEPING
§ 157.865 ANIMAL KEEPING.
(A) No structure, except for a rabbit hutch or chicken coop, that is designated for animal housing and/or shelter shall be constructed closer than the minimum setback standards for accessory buildings for the zone in which the structure is located. The structure shall be built no closer than 75 feet to any existing dwelling on an adjacent lot.
(B) No corral or pen shall be located and built closer than 25 feet to any street right-of-way line and 75 feet to any existing dwelling on an adjacent lot.
(1) Pastures. A pasture does not have to meet these setback requirements, but is required to be constructed and maintained to prevent any damage to adjacent properties and/or fencing.
(2) Coops, hutches. A chicken coop or rabbit hutch must be ten feet from a side lot line and ten feet from a rear lot line. There shall be no chicken coops or rabbit hutches in a front yard.
(C) Corrals, pens, and/or fencing shall be constructed and maintained so as to prevent damage to adjacent properties and/or fencing.
(D) Animals for animal keeping are categorized in Table 1 (see § 157.866). Animals not permitted in any zone in any number: wild animals, peafowl, and guinea fowl.
(E) Animal keeping, as an accessory use, shall be allowed on residential lots in all zones, subject to the following requirements and restrictions as outlined in Table 2 (see § 157.867) and below.
(1) General animal keeping limitations.
(a) No animals in Categories A, B, C, or D in Table 1 may be kept on lots less than 10,000 square feet.
(b) Animals from Category E may be kept on lots under 10,000 square feet.
(c) No animals may be kept on lots less than 5,000 square feet.
(d) Lots between 5,000 to 9,999 square feet: three animal units are allowed.
(e) Lots greater than 10,000 square feet: six animal units per 10,000 square feet of lot size are allowed, subject to the limitations by zone.
(F) Permitted uses requiring five acre-minimum lot areas in A-1 and A-2 Zones only are as follows:
(1) Dairy, milk processing. Dairy farm and milk processing and sale; provided at least 50% of milk is processed and produced on the premises;
(2) Hatching, raising facilities. Farms devoted to the hatching and raising (including fattening as an incident to raising) of chickens, turkeys, or other fowl, rabbits, fish, frogs, or beavers;
(3) Hogs. The keeping and raising of not more than ten hogs, more than 16 weeks old; provided that no person shall feed any such hog any market refuse, house refuse, garbage, or offal other than that produced on the premises; and
(4) Horses, cattle, sheep, goats. The raising and grazing of horses, cattle, sheep, or goats as part of a farming operation, including the supplementary or full feeding of such animals; provided that such raising and grazing, when conducted by a farmer in conjunction with any livestock feed yard, livestock sales, or slaughterhouse shall:
(a) Not exceed a density of 25 heads per acre of used land;
(b) Be carried on during the period of September 15 through April 15 only;
(c) Be no closer than 300 feet to any dwelling, public, or semi-public building on an adjoining parcel or land;
(d) Not include the erection of any permanent fences, corrals, chutes, structures, or other buildings normally associated with a feeding operation; and
(e) Manage manure accumulation as not to be a nuisance to any adjoining property.
(G) This division (G) allows for the alteration of the number of animals allowed on a property when designated for a special educational youth animal project.
(1) Limits. Limits on animals per permit are as follows:
(a) Educational juvenile animals will be counted as 50% of the units of an adult of the same species; and
(b) The allowable animal units, based on property size, will be increased by 50% for the educational period only as noted below.
(2) Special educational youth animal project permit process.
(a) The property owner must submit a temporary limited use application for a special educational youth animal project to the Code Enforcement Officer.
(b) The application shall include a plot plan of where animals will be kept on the property in relation to neighboring homes and property owners; the number and type of animals requested; the length of time requested for the animals to be on the property; and specific plans to mitigate smell, noise, confinement, and pollution.
(c) A permit shall not be issued, even under a conditional use permit, in zones or on parcels where, by lot size, for animal keeping is not allowed.
(d) A permit allows a temporary increase to the cap on animal units in a particular zone.
(e) The application must be approved and signed by the Code Enforcement Officer, or his or her designee, and signed by the Planning Commission Chairman.
(f) Conditions for a permit are:
1. Permits shall not be granted for more than a nine-month period in one calendar year and must be obtained prior to starting the project;
2. Permits can only be granted for an approved youth organization, for example, 4H, FFA, or scouting, with the purpose of the project stated on the application; and
3. The Code Enforcement Officer shall set conditions based on those outlined in the applicant’s permit application to mitigate smell, noise, confinement, and pollution.
(g) Written and signed complaints received by the Code Enforcement Officer will be evaluated within 15 days. After receiving a complaint, the Code Enforcement Officer will investigate. If the Code Enforcement Officer finds merit in the complaint, the Code Enforcement Officer may impose conditions on the permit holder to mitigate the issues which are the subject of a valid complaint. A severe complaint or repeated complaints could result in a revocation of the permit at the discretion of the Planning Commission.
(h) All animals covered by the permit must be removed from the property when the permit expires.
(H) Additional requirements are as follows.
(1) Containment. All animals located on a lot or parcel of land shall be contained by the owner of the animal upon said lot or parcel.
(2) Offspring. The offspring of animals legally kept, pursuant to this subchapter, may be maintained on the property. Such animals (also known as juvenile animals, under the age at which they are saleable by industry standards (see below)) do not count for total animal units. For all others, they are outlined as the juvenile standard set forth in the U.S. Agricultural Standards.
(a) Standard cattle: eight months;
(b) Standard horse: six months;
(c) Standard pig: three months;
(d) Standard goat: three months;
(e) Standard sheep: three months; and
(f) Standard chicken: three months.
(3) Prohibited. Juvenile animals of a type not otherwise allowed on a lot shall not be allowed, and shall not be granted a conditional use permit;
(4) Complaints. If a written and signed complaint is received by the city regarding issues with an animal (which is not a pet, as defined in this subchapter), the Code Enforcement Officer shall, within 15 days, investigate and determine if the complaint is significant or not. If the Code Enforcement Officer deems the complaint to be significant, the Code Enforcement Officer will then direct the animal owner to apply to the Planning Commission for a conditional use permit for conditions that may be required for said animals;
(5) Pets, exotic pets. Pets, including exotic pets, are allowed in each of the zones as currently allowed, unless otherwise restricted by this subchapter;
(6) Service animals. Service animals and therapy pets are allowed in any zone where state and federal law would allow them;
(7) Definition of acre. For purposes of this subchapter, an ACRE is defined as 40,000 square feet, THREE-FOURTHS OF AN ACRE is defined as 30,000 square feet, and a HALF ACRE is defined as 20,000 square feet. A QUARTER ACRE is defined as 10,000 square feet;
(8) Definition of lot or parcel of property’s square footage. For purposes of this subchapter, a LOT OR PARCEL OF PROPERTY’S SQUARE FOOTAGE is defined as that square footage listed for one lot or parcel under one tax identification number. A property owner cannot combine different lots with different tax ID numbers to be able to achieve the square footage necessary for animal keeping. A property owner may apply to the Code Enforcement Officer for an exemption regarding this if they can show that the different lots with different tax ID numbers would allow animal keeping in an area that conforms with the nature of the subdivision or neighboring uses;
(9) Exemption. If a property owner wishes to conduct animal keeping in excess of allotted units per acre on a lot where it is otherwise allowed, the owner shall apply for a variance through the City Administrative Officer, as outlined herein;
(10) Ordinances. City ordinances regarding animal keeping always apply. However, HOAs, CCRs, and any covenants that run with a property can be more restrictive; and
(11) Pre-existing rights.
(a) In the instance where a new dwelling is built within 75 feet of an existing animal enclosure, the animal owner shall have a pre-existing right and shall not be required to move the animals or enclosure.
(b) If the animal enclosure is removed, or the animal(s) have been removed for over a year, the right is abandoned. If a new enclosure was built, the property owner would have to comply under the current ordinance.
(Prior Code, § 63.01.010)
(Ord. 39-2019, passed 12-18-2019; Ord. 06-2021, passed 2-3-2021; Ord. 25-2021, passed 7-7-2021; Ord. 07-2022, passed 5-4-2022; Ord. 17-2022, passed 9-7-2022) Penalty, see §
157.999
§ 157.866 ANIMALS FOR ANIMAL KEEPING.
Table 1: Animals for Animal Keeping | ||
Category | Animal | Unit(s) |
Table 1: Animals for Animal Keeping | ||
Category | Animal | Unit(s) |
A | Bison* | 8 |
Deer* | 6 | |
Donkey * | 6 | |
Elk* | 6 | |
Ostrich* | 6 | |
Standard cattle** | 6 | |
Standard horse** | 6 | |
Standard pig** | 6 | |
Yak** | 6 | |
B | Alpaca | 3 |
Chicken, crowing hen*** | 3 | |
Chicken, rooster*** | 3 | |
Emu | 3 | |
Llama | 3 | |
Miniature cattle (height < 48 in. at hip) | 3 | |
Miniature horse (height < 34 in. at last hair of mane) | 3 | |
Miniature pig (height < 20 in. at top of shoulders) | 3 | |
Pony (height < 42 in. at withers) | 3 | |
Sheep | 3 | |
Standard goat | 3 | |
C | Duck | 2 |
Goose | 2 | |
Miniature goat (height < 30 in. at withers) | 2 | |
Turkey | 2 | |
D | Pheasant | 1 |
E | Chicken, hen | 0.5 |
Pigeon | 0.5 | |
Quail | 0.5 | |
Rabbit, beaver | 0.5 | |
Notes to Table: * These animals may not be kept on lots less than one acre. ** These animals may not be kept on lots less than one-half acre. *** Roosters and crowing hens may not be kept on lots less than one acre in size in the R-1, R-2, and Mixed Use Zones. Roosters and crowing hens may not be kept on lots less than one-half acre in the A-1 and A-2 Zones. | ||
(Prior Code, § 63.01.020) (Ord. 39-2019, passed 12-18-2019; Ord. 06-2021, passed 2-3-2021) Penalty, see § 157.999
§ 157.868 BEEKEEPING.
(A) Beekeeping is permitted in all Agricultural Zones and the following single-family Residential Zones as follows:
(1) An apiary, consisting of not more than five hives or an equivalent capacity, may be maintained on an agricultural lot which is one-half acre or larger;
(2) An apiary, consisting of not more than five hives or an equivalent capacity, may be maintained on a single-family Residential Zone lot which is one-half acre or larger;
(3) For single-family Residential Zone lots which are larger than one acre, the number of hives located on the lot may be increased to ten hives;
(4) For single-family Residential Zone lots larger than two acres, an additional five hives per acre are permitted; and
(5) Beekeeping is permitted in a rear yard (or side yard) of single-family Residential Zones lots of one-half acre or larger in the A-1, A-1, Open Space Residential, A-2, R-1, R-2, and Mixed Use Zones.
(B) Additional requirements are as follows.
(1) A person shall not locate, or allow, a hive on property owned, or occupied, by another person without first obtaining written permission from the owner or occupant.
(2) Each beekeeper shall be registered with the State Department of Agriculture and Food as provided in the Utah Bee Inspection Act in UCA § 4-11, as amended.
(3) Each beekeeper shall annually register the address and location of their hives with the County Mosquito Abatement to assure the hives will not be sprayed by the County Mosquito Abatement.
(4) Hives shall be placed at least three feet from any property line and six inches above the ground, as measured from the ground to the lowest portion of the hive.
(5) Hives shall be operated and maintained as provided in the State Bee Inspection Act.
(6) Each hive shall be conspicuously marked with the owner’s name, address, telephone number, and state registration number.
(7) (a) A hive shall be placed on property so the general flight pattern of bees is in a direction that will deter bee contact with humans and domesticated animals.
(b) If any portion of a hive is located between three feet and 15 feet from any property line without a six-foot solid fence, a flyway barrier shall be established and maintained around the hive, except as needed to allow access.
(8) On all lots, if the apiary is in an area that borders a public walk, street, or public area, the area shall be separated from the public walk or street by a six-foot tall solid fence or wall that extends at least ten feet from the hive in each direction.
(9) Each beekeeper shall ensure that a convenient source of water is available to the colony continuously. The water shall be in a location that minimizes any nuisance created by bees seeking water on neighboring property.
(10) Each bee keeper shall comply with all state laws and regulations pertaining to beekeeping.
(11) (a) If a beekeeper has an emergency in which they must temporarily move hives onto their property to prevent death or damage to a hive or hives because of environmental conditions at another hive location, a beekeeper can move up to ten hives onto their property for a limited amount of time.
(b) The beekeeper shall contact the city immediately to give the city notice of the emergency and the limited time needed to remedy the emergency and protect the hives.
(12) If a conflict arises between any regulation set forth in this subchapter and bee management regulations adopted by the State and/or County Health Department, the most restrictive regulations shall apply.
(Prior Code, § 63.02) (Ord. 30-2019, passed 9-4-2019)