§ 24-158. Animal keeping.

A.

Purpose. It is the intent of the following regulations to allow persons to keep and maintain livestock on their private property in a manner that will protect the health, safety, and welfare of nearby residents, and to protect the health, safety, and welfare of animals.

B.

Applicability.

1.

The standards in this section apply to the Foothill Residential (FR), Foothill Country Residential (FCR), Rural Residential (RR), Rural Country Residential (RCR), Very Low Density Residential (VLDR), Very Low Density Country Residential (VLDCR), Low Density Residential (LDR), Medium Density Residential (MDR), Medium High Density Residential (MHDR), High Density Residential (HDR), Very High Density Residential (VHDR), General Commercial (GC), Neighborhood Commercial (NC), Community Commercial (CC), Recreation Commercial (REC), Sports and Entertainment (SE) Mixed Use (MU), Light Industrial (LI), General Industrial (GI) and Heavy Industrial (HI) zones. These standards do not apply to the keeping of animals in the Agriculture (AG), Timber Mountain (TM), or Timber Production (TPZ) zones.

2.

The standards in this section do not apply to the keeping of household pets. Refer to Butte County Code Section 24-165 (Kennels) for personal and commercial kennels and Butte County Code Chapter 4 (Animals) for the keeping of cats and dogs.

C.

Animal Density.

1.

For parcels located within the Rural Residential (RR), Rural Country Residential (RCR),Foothill Residential (FR) Foothill Country Residential (FCR), Very Low Density Residential (VLDR), Very Low Density Country Residential (VLDCR) Low Density Residential (LDR), Medium Density Residential (MDR), Medium High Density Residential (MHDR), High Density Residential (HDR), Very High Density (VHDR), General Commercial (GC), Neighborhood Commercial (NC), Community Commercial (CC), Recreation Commercial (REC), Sports and Entertainment (SE) Mixed Use (MU) ), Light Industrial (LI), General Industrial (GI) and Heavy Industrial (HI) zones, the following area requirements shall be allotted to each animal unit, and shall be required for each animal unit kept on the premises:

a.

Animal Unit Defined.

1.

An animal unit (AU) is equal to one (1) mature horse, or one (1) mature cow, or three (3) mature swine (lactating), or five (5) mature sheep, or five (5) mature goats, or five (5) mature alpacas. Exotic animals, including, but not limited to, llamas and camels, shall be equal to one (1) animal unit.

2.

Immature animals are not subject to the animal density requirements under this section.

b.

Mature Animal Defined. Table 24-158-1 (Mature Animals by Weight) provides a guide for defining a mature animal by weight.

TABLE 24-158-1 MATURE ANIMALS BY WEIGHT
Animal	Weight Range (lbs)
Cows	1,000 to 1,400
Ewes/Sheep	110 to 198
Swine (lactating)	320 to 410
Horses	880 to 1,980
Alpaca	150 to 352
Goats	22 to 110

 

Source: National Research Council.

a.

[c.]

Companion Animal Allowance. If the parcel size permits only one (1) animal, an additional one (1) animal shall be allowed.

b.

[d.]

Animal Units Allowed by Parcel Size.

1.

No animal keeping shall be allowed on parcels less than one (1) acre in size.

2.

Parcels one (1) to Less than twenty (20) Acres in Size. Density shall be no more than one (1) animal unit/acre. Supplemental feed will be required during specific times of the year to maintain the normal health and Body Condition Score (BCS) that does not violate any section of the State of California Penal Code or Chapter 4 of the Butte County Code. The total acreage of two (2) or more adjacent parcels managed as a single agricultural operation shall be used to calculate the number of permitted animal units.

3.

Parcels twenty (20) Acres or More in Size. An animal unit/acre density measurement is not imposed. Supplemental feed may be required during specific times of the year to maintain the normal health and BCS that does not violate any section of the State of California Penal Code or Chapter 4 of the Butte County Code. Two (2) or more adjacent parcels that are less than 20 acres in size but collectively exceed twenty (20) acres or more in size, managed as a single agricultural operation shall be subject to the twenty (20)s acres or more standard set forth under this table.

D.

Exceptions.

1.

Educational Project Exemption.

a.

Temporary education projects, including, but not limited to FFA, 4-H, and school projects, conducted by students through the twelfth grade and under the direct supervision of a qualified, responsible adult advisor or instructor, shall be exempt from the requirements of subsection (C) above. The current animal husbandry standards for keeping animals must be followed.

b.

The animal units shall be maintained in a healthy and sanitary manner that does not violate any section of the State of California Penal Code or Chapter 4 of the Butte County Code.

2.

Rotational Grazing.

a.

Area requirements do not apply to rotationally-grazed parcels of twenty (20) acres or more in size so long as the animal units are maintained in a healthy and sanitary manner that does not violate any section of the State of California Penal Code or Chapter 4 of the Butte County Code.

E.

Minor Use Permits Required. On all parcels of property less than 20 acres in size, a Minor Use Permit shall be required for:

1.

The keeping of such animals (horses, cattle, swine, sheep, goats, and alpacas) at greater densities than allowed pursuant to subsection (C) above.

2.

The keeping of poultry and rabbits for the purpose of sale of said animals or their products on a continuing basis.

Minor Use Permits approved pursuant to this section shall specify that animals are maintained in a healthy and sanitary manner that does not violate any section of the State of California Penal Code or Chapter 4 of the Butte County Code.

F.

Penalties. Violations of this section may be charged as either an infraction or misdemeanor.

G.

Setbacks. The following setbacks are established for corrals and other animal containment structures:

1.

In the Foothill Residential (FR), Foothill Country Residential (FCR), Rural Residential (RR), Rural Country Residential (RCR), Very Low Density Residential (VLDR), and Very Low Density Country Residential (VLDCR) zones the minimum setback shall be twenty-five (25) feet from any dwelling either on- or off-site.

2.

In the Low Density Residential (LDR), Medium Density Residential (MDR), Medium High Density Residential (MHDR) High Density Residential (HDR) General Commercial (GC), Neighborhood Commercial (NC), Community Commercial (CC), Recreation Commercial (REC), Sports and Entertainment (SE), Mixed Use (MU), Light Industrial (LI), General Industrial (GI) and Heavy Industrial (HI) zones the minimum setback shall be fifty (50) feet from any dwelling either on- or off-site.

H.

Keeping of Hens and Roosters. This section only applies to the Very Low Density Residential (VLDR), Very Low Density Country Residential (VLDCR), Low Density Residential (LDR), Medium Density Residential (MDR), Medium High Density Residential (MHDR) High Density Residential (HDR), and Mixed Use (MU) zones notwithstanding Section 24-158.B (Applicability). These standards do not apply to the keeping of animals in the Agriculture (AG), Timber Mountain (TM), Timber Production (TPZ), Foothill Residential (FR), Foothill Country Residential (FCR) or Rural Residential (RR) Rural Country Residential (RCR) zones. The following standards are applicable to the keeping of hens and roosters:

1.

Roosters shall not be permitted on any parcel less than five (5) acres in size.

2.

Hens are limited to fifteen (15) maximum per five thousand (5,000) square feet of fenced yard area or pen not covered by buildings. This limit may be calculated on a pro rata basis.

3.

Setbacks for structures related to the keeping of hens and roosters shall be pursuant to Section 24-156, Accessory Uses and Structures.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4091, § 1, 1-27-15; Ord. No. 4105, § 1, 1-12-16 )