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HomeMy WebLinkAboutOrd 821-1980ORDINANCE NO. 821-80 AN ORDINANCE ESTABLISHING RURAL ESTATES ZONE REGULATIONS, AMENDING ORDINANCE NO. 353, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO" TO SO PROVIDE AND REPEALING ORDINANCE NO. 788-79 THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. ADDITION OF SECTIONS 4.70 ET SEQ. Ordinance No. 353, entitled "Zoning Ordinance of the City of South San Francisco" adopted August 10, 1954, as amended, is hereby amended to add Sections 4.70 et seq. to read as follows: 4.70 RURAL ESTATES ZONED DISTRICTS OR R-E DISTRICTS The following regulation shall apply in all R-E Districts and said districts shall also be subject to the applicable provisions of Section 5. 4.71 PURPOSE The purpose of the Rural Estates District or R-E District is to preserve the character of rural residential neighbor- hoods, allow the keeping of certain livestock and small animals for non-commercial purposes and to maintain desirable agricul- tural uses in rural areas of the City. 4.72 USES PERMITTED a. Agricultural uses including farms or ranches or orchards, tree crops, field crops, truck gardening, berry and bush crops, flower gardening, and similar uses carried on in the general field of agriculture. I bo One single-family dwelling not including mobile homes. Home occupations. The keeping of poultry and small animals on any lot for non-commercial purposes; provided that such animals are not a nuisance and are properly housed, kept or penned at least fifty (50) feet from any adjacent residence and in accordance with standards administered by the Health and Animal Control Services Department of the County of San Mateo. The grazing, raising of farm animals such as horses and cattle; provided that the parcel has a minimum area of 20,000 square feet; animals are not penned, housed or pastured within fifty (50) feet of an adjacent residence; the premises are equipped and maintained to meet the standards administered by the Health and Animal Control Services Departments of the County of San Mateo, and provided further: 1. That not more than one horse, colt, mule, pony, goat, sheep, cow, calf or animal of like character shall be kept on any parcel with an area of 20,000 square feet. 2. That not more than a total of two of any of the following or a total of two. of any combination of horses, colts, mules, ponies, goats, sheep, cows, calves or animals of like character shall be kept on any parcel with an area of 32,670 square feet and CENTRAL RECORD~ that one additional animal may be kept for each 5,000 square feet over the initial 32,670 square feet on any such property. 3. That offspring of the above permitted livestock shall not be counted for purposes of compliance with this Ordinance until they have become six (6) months old. f. Nurseries and greenhouses for the propagating and cultivating of plants, providing no retail sales shall be permitted on the premises. g. Parks and playgrounds. h. Uses customarily inCidental to any of the above uses, including hobby activities of a non-commercial nature. i. Accessory building and uses including a private garage, recreation room, private stable, barn, greenhouses, bath house, pen, coop or other similar structure provided that the total floor area of all accessory buildings shall not exceed 1,O00~square feet. ~ ~ j. One unlighted sign not over four (4) square feet in area and pertaining only to the sale, lease or rental of the property on which the sign is located. k. One name plate, not exceeding two (2) sq. ft. in area for each single-family dwelling, indicating the name of the occupant. 1. Racing or homing pigeons, provided the total number of birds does not exceed forty-eight (48) per parcel at any one time. CENTRAL 4.73 m. Storage of petroleum products required for permitted agricultural uses subject to issuance of a permit therefor by the South San Francisco Fire Department. n. Private aviaries not exceeding fifty (50) domestic birds and located not closer than fifty (50) feet from adjacent residences. USES PERMITTED SUBJECT TO OBTAINING A USE PERMIT Because of smoke, fumes, dust, ordors, sound vibration, traffic congestion or other potential nuisances or hazards, the establishment, maintenance of operation of the uses set forth in this section, shall not be permitted in the "R-E" Zone unless a Use Permit is obtained in the manner set forth in Section 6.2 of Ordinance 353, as amended, and such uses conform to every term and condition of the Permit. a. A permit for any of the following uses may be granted by the Planning Commission if the applicant produces sufficient proof that the use will not be injurious or detrimental to the public health, safety or general welfare or to the property in the vicinity or zone in which the use will be situated, and that such effects can be prevented with the imposition of conditions, and that the permit is necessary for the owner of the property to make reasonable use of the property. 1. Day nurseries and nursery schools. 2. Types of animals and fowl not otherwise permitted CENTRAL EECORD~ 4.74 4.75 4.76 in the R-E Zone. 3. Churches. 4. An exception to increase the number of allowable horses, cattle, other small animals and birds. 5. Signs over four (4) square feet. BUILDING HEIGHT LIMIT a. For single-family dwellings - maximum thirty (30) feet. b. For accessory buildings - maximum twenty (20) feet average height between floor slab plate and ridge pole. LOT SIZE a. For each dwelling, a minimum of three quarters of one acre (32,670 square feet), minimum width and street frontage of one hundred twenty (120) feet. In no case shall there be more than one (1) single family dwelling on any one (1) parcel. MINIMUM YARDS REQUIRED a. Front yard - minimum required, twenty (20) feet. b. Side yards - ten (10) feet to the portion of the building nearest the lot line except that any structure exceeding twenty (20) feet in height, the side yard setback shall be increased an additional one (1) foot in width for each one (1) foot in height by which the structure exceeds twenty (20) feet. c. Rear yard - twenty (20) feet minimum not to exceed five percent (5%) average grade. CENTRAL RECORD~ FILE NO.: ~ 4.77 ENFORCEMENT AND HEALTH STANDARDS The following section shall apply to the zoning enforcement and health requirements in the R-E Zone. a. It shall be unlawful for any person owning, laboring, or controlling any livestock to permit livestock to run at large upon the private property of another, without the permission of the owners of such private property, or upon the streets or public places of the City. b. It shall be unlawful for any person who keeps or permits to remain upon any property in the R-E Zone any animal which by continuous bleating, neighing, crowing, barking, whining or other noise unreasonably disturbs the peace, confort and quiet of any resident of the neighborhood. c. The premises where such animals are kept shall be main- tained in a clean, neat and sanitary condition at all times in order to insure the public health, safety, comfort, convenience and general welfare. All watering troughs shall be maintained so as to prevent the breeding of mosquitoes. Said premises shall be maintained in accordance with all applicable ordinances, laws, rules and regulations pertaining to the care of animal habita- tion, manure removal, fly producing conditions and mosquitoes. d. For the purposes of enforcing the standards imposed by the provisions of this chapter or other applicable laws, the poundmaster, County Health Officer or any Police e CE.NTRAL RE. CORD~ FILE NO.: ....................... ~ Officer may enter upon private property, except dwellings located thereon, as follows: 1. When in pursuit of any animal which he has reasonable or probable cause is in conflict with the provisions of this Ordinance. 2. To impound or place in isolation any animal which he has cause to believe or suspect has rabies or is a biting animal. 3. To inspect or examine animals isolated thereon pursuant to the provisions of this chapter or other applicable animal control laws. 4.78 PERMIT REQUIRED FOR KEEPING OF ANIMALS, POULTRY AND BIRDS a. Every person, firm or corporation keeping any of the animals, poultry or birds enumerated in the preceding sections shall first make application to the City Clerk for and be issued a permit by the City. All applications for such permits shall be in writing and shall give the following information: 1. Name of applicant, 2. Address of applicant, and 3. Number and kinds of animals, poultry or birds kept or proposed to be kept by applicant and the location of their keeping. b. Immediately upon receipt of any such application, the City Clerk shall notify the Health Officer, who shall inspect the premises and submit his findings to the ~iL.E b~O.; .......................... City Clerk within fifteen (15) days after being notified to inspect. If the Health Officer finds that the premises where said animals, poultry or birds are proposed to be kept is maintained in a clean and sanitary condition and they conform to the other requirements of this Zone, the City Clerk shall issue a permit for the keeping of said animals, poultry and birds. Such permit shall be renewed annually by mail. c. If the Health Officer finds that the premises inspected do not meet the requirements of this Zone, or that the keeping of the animals, poultry and birds listed on the application would constitute a public nuisance, or if said animals, poultry or birds would jeopardize the health of persons or expose persons or other animals to bodily injury if the animals, poultry or birds listed on the application were to escape their enclosure and run or fly at large, the City Clerk shall not issue or renew a permit. d. The Health Officer's determination, recommending that the permit be denied, shall be subject to an appeal to the City Council. Notice of such appeal shall be filed wi th the City Clerk within ten (10) days after the denial of said permit. Upon failure to file such notice within the ten (10) day period, the determination of the Health Officer shall be final and conclusive. 3. A unique pet shall be defined, for the purpose of this CENTRAL RECORDS FIL~ ~0.~ .~....:~--'iz~/~ Ordinance, as any bird, fowl, reptile or animal which normally lives in a wild habitat and is a curiosity to the local community when kept in captivity in said community, whether wild or domestic at the time of its keeping. The Health Officer shall make the initial determination as to the uniqueness of said birds, fowls, reptiles or animals, with the advice of the Humane Officer. Said determination shall be subject to appeal to the City Council. Notice of such appeal shall be filed with the City Clerk within ten (10) days after the Health Officer's initial determination. SECTION 2. REPEAL OF ORDINANCE NO. 788-79. Ordinance No. 788-79, entitled "An Ordinance Establishing Rural Estates Zone Regulations and Amending Ordinance No. 353, As Amended, Entitled 'Zoning Ordinance of the City of South San Francisco' to So Provide", adopted April 4, 1979, is hereby repealed. SECTION 3. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after adoption. at a San Francisco this 18th day of Introduced this 7th day of May , 19 80. Passed and adopted as an Ordinance of the City of South San Francisco regular meeting of the City Council of the City of South June , 19 80, by the CENTRAL RECORDS following vote: AYES: NOES: Councilmen Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Councilwoman Roberta Cerri Teglia None ABSENT: None ATTEST: As Mayor of the City of South San Francisco I do hereby approve the foregoing Ordinance this 18th day of June , 1980. Mayor