(Title and Section Amended by Ord. No. 157,144, Eff. 11/22/82.)
A. Purpose. It is the purpose and object of this section to establish reasonable and uniform limitations, safeguards and controls for the keeping and maintenance of equines within the City of Los Angeles.
B. Establishment of Districts.
1. The City Council may establish new Equinekeeping Districts and enlarge the boundaries of such districts now or hereafter established.
2. No Equinekeeping District shall contain less than 5 acres of land including the area of all dedicated streets and highways contained therein. All lots or parcels of property contained within the district's boundaries shall be contiguous. The boundaries of the district shall be drawn so as to coincide as nearly as practicable with street alignments or other clearly discernible boundaries. (Amended by Ord. No. 161,352 Eff. 7/20/86.)
C. Conditions.
1. If the equine enclosure is less than 75 feet from the habitable rooms of a neighbor's dwelling unit, the enclosure shall not be closer to the habitable rooms of a neighbor's dwelling unit than to the habitable rooms of a dwelling unit on the equine keeping lot.
2. In no event shall the equine enclosure be located closer than 35 feet to the habitable rooms of any dwelling unit.
3.Any additional conditions which may be deemed necessary to be imposed shall be established by ordinance.
4. Notwithstanding any other provision of this Code relating to the number of equines permitted in any zone, any lot included in a "K" Equinekeeping District which was formed after January 12,1975 may be used to keep no more than one equine for each 4,000 square feet of lot area. (Amended by Ord. No. 159,341, Eff. 10/11/84.)
5. Notwithstanding any other provision of this Code to the contrary, in a "K" Equinekeeping District, an animal keeping structure may be located on any portion of a parcel except the required front yard and shall not be closer than 10 feet from the required side lot lines so long as the distance requirements of this Section are complied with. This subdivision shall not, however, authorize the location of an animal keeping structure in any side or rear yard areas as defined in Section 12.21-C,5(a) (25 foot required yards) which immediately abut a lot which is not itself in a "K" Equinekeeping District.
6. Notwithstanding any provisions of this Code to the contrary, in the "A" and "R" Zones, located within a "K" Equinekeeping District, a maximum of two equines not owned by the resident of the involved property may be boarded or kept on that property as an accessory use without such boarding or keeping being regarded as a commercial equinekeeping operation; provided, however, that the total number of equines being boarded or kept on the property does not exceed one for each 4,000 square feet of lot area. Said equines shall be issued current Equine Licenses by the City Department of Animal Regulation. (Amended by Ord. No. 159,341, Eff. 10/11/84.)
7. Notwithstanding any provisions of
this Code to the contrary, equine uses of the land on "K"
Equinekeeping District lots shall be allowed to be continued if,
after the legal establishment of the equine use, the City issued
a building permit to construct a residential building on an adjacent
lot within the legal required distance between an equine use and
the residential building on an adjacent lot. If, in accordance
with the provisions of Section 12.24 X5
the Zoning Administrator grants permission for a residential building
on an adjacent lot to be constructed closer than 35 feet from
a legally existing equine enclosure, the equine enclosure may
be considered to be nonconforming if it is relocated not closer
than 35 feet from the habitable rooms attached to any residential
building. The nonconforming equine use shall be subject to the
following limitations: (Para. Amended by Ord. No. 173,492,
Eff. 10/10/00.)
a. The equine enclosure shall not be closer than 35 feet from the habitable rooms of any residential building
b. The subject lot has been designated by an Equine License to stable at least one licensed equine during the 12 months prior to the issuance of the building permit for the residential building on an adjacent lot.
c. The equine enclosure shall not be expanded, extended, or relocated so as to reduce the nonconforming distance between the enclosure and the habitable rooms of the residential building on an adjacent lot.
(editor comment, d. below is limited
to building permits issued between Nov. 22, 1982
and July 1, 1986, so we generally
can ignore it).
d. The nonconforming equine use shall be discontinued if, during a successive 3-year period, no equine is licensed by the Department of Animal Regulation to be stabled on the subject lot.8. Notwithstanding any provisions of this Code to the contrary, if an equine use in a "K" District was legally established before November 22, 1982, that use shall be allowed to continue even though the City issued a building permit between November 22, 1982 and July 1, 1986, to construct a residential building on an adjacent lot within the 35-foot required distance between an equine use and the habitable rooms of a residential building on the adjacent lot. This provision shall not apply to building permits authorized by the Zoning Administrator pursuant to Section 12.24X5. This nonconforming equine use shall be subject to the following limitations: (Para. Amended by Ord. No. 173,492, Eff. 10/10/00.)
1. The subject lot has been designated by an Equine License to stable at least one licensed equine during the 12 months prior to the issuance of the building permit for the residential building on an adjacent lot.
2. The equine enclosure shall not be expanded, extended, or relocated so as to reduce the nonconforming distance between the enclosure and the habitable rooms of the residential building on an adjacent lot.
3. The nonconforming equine use shall be discontinued if, during a successive 3-year period, no equine is licensed by the Department of Animal Regulation to be stabled on the subject lot.
Nothing in this subdivision relieves any person from the obligation to comply with the requirements of any County or State law.
Equine Defined. As used in this section, the word "equine" shall mean any horse, pony, donkey, burro, or mule, twelve months of age or older. (Amended by Ord. No. 144,751, Eff. 7/1/73.)
License Fee. Any person owning or having custody of any equine shall pay for the privilege of keeping such equine a license fee of $14.00 per year. Each license shall expire one year from the date of its issuance and on the same day of each year thereafter. The license fee shall be paid annually to the Department and shall be due and payable on or before the expiration date of the license. (Amended by Ord. No. 161,728, Eff. 12/8/86.)
Fee Modification. The license fee may be modified by the City Council, by ordinance, based on recommendations of the Finance and Revenue Committee of the Council, which shall hold hearings at which equine-related organizations may attend and present information relative to the determination, of a proper fee. (Amended by Ord. No. 161,728, Eff. 12/8/86.)
Annual Fee Administration. (Amended by Ord. No. 165,487, Eff. 3/5/90.) Receipts of the license fees collected pursuant to Subsection (b) of this section shall be deposited in the Equestrian Facilities Trust Fund.
The Department, however, may enter into a contract that provides for a contractor to collect equine license fees, to remit all its fee collections to the Department for deposit in the City Treasury, and to be paid for its services a sum equivalent to a percentage of the collected fees as agreed to in the contract. In the event of such a contract and upon receipt of such collected equine license fees, the Department shall (1) cause a portion of such fees equal to the contract amount due the contractor for its collection services to be deposited into the General Fund, (2) cause the contractor to be paid for its services in said amount, and (3) cause the remaining balance of the collected fees received by the Department to be deposited into the Equestrian Facilities Trust Fund.
Identification Tags. (Amended by Ord. No. 151,852, Eff. 2/19/79, Oper. 3/1/79.)
1. The Department shall keep a record of the name and address of the person to whom each identification tag is issued, the number of such tag, and date of issuance thereof and a description of the equine for which issued.
Each equine identification tag shall consist of a metal tag with the number affixed together with the words "L.A. City."
No unauthorized person shall remove from any equine any identification tag issued by the Department of Animal Regulation.
No person shall attach to or keep upon any equine, or make or have in his possession any counterfeit or imitation of any tag provided for in this article except that the Department may, upon statement of loss and receipt of $1.00 issue a replacement equine license number and tag. (Amended by Ord. No. 157,035, Eff. 10/4/82, Oper. 11/1/82.)
(f) Exceptions: (Amended by Ord. No. 144,751, Eff. 7/1/73.)
1. This fee shall not apply to persons who bring equines into the City for a period of less than 30 days.
2. This fee shall not apply to any equine maintained in any boarding stable, riding academy, livery stable, pony ring, pony ride, horse market or mule market under permit from the Department so long as such equine is the property of the permit holder.
Penalty. In the event any license fee required by this section is not paid within 30 days after the date of expiration of any previously issued license, or within 30 days after the date of mailing of notice to secure a license to the owner or custodian of any previously unlicensed equine, a late payment collection fee of $5.00 shall be charged in addition to such other fee. (Added by Ord. No. 161,728, Eff. 12/8/86.)
For the purpose of Article 2 to 6 inclusive of this chapter, certain terms and words are herewith defined as follows:
ANIMAL KEEPING ENCLOSURE. Any structure or fence which establishes the perimeter of an animal keeping and maintenance area. (Added by Ord. No. 157,144, Eff. 11/22/82.)
ANIMAL KEEPING STRUCTURE. Any structure, as defined by this Code, which has a roof and may have one or more sides and is used in whole or in part for the housing or shelter of animals. (Amended by Ord. No. 161,352, Eff. 7/20/86.)
EQUINE. Any horse, pony, donkey, burro, or mule which is 12 months of age or older and is issued a current Equine License by the City Department of Animal Regulation. An animal which is under 12 months of age and is the offspring of or is unweaned and being nursed by a female equine lawfully kept on the property where said animal is kept shall not be considered an equine and shall be allowed by right on said property. (Added by Ord. No. 157,144, Eff. 11/22/82.)
EQUINE ENCLOSURE. Any structure or fence which establishes the perimeter of an equine keeping and maintenance area. (Added by Ord. No. 157,144. Eff. 11/22/82.)
NONCONFORMING USE. A use of building or land which does not conform to the regulations of this chapter and which lawfully existed at the time the regulations with which it does not conform became effective .
ROOM, HABITABLE. (Amended by Ord. No. 146,421, Eff. 9/14/74.) An enclosed subdivision in a residential building commonly used for living purposes, but not including any lobby, hall, closet, storage space, water closet, bath, toilet, slop sink, general utility room or service porch. A recess from a room or an alcove (other than a dining area) having 50 square feet or more of floor area and so located that it could be partitioned off to form a habitable room, shall be considered a habitable room.
For the purpose of applying the automobile parking space requirements of this article, any kitchen as defined herein shall be considered a habitable room and, if it is a part of a room designed for other than food preparation or eating purposes, such remaining portion shall also be considered a habitable room.
For the purpose of applying the lot area requirements of this article, a kitchen less than 100 square feet of room area from wall to wall shall not be considered a habitable room.
For the purpose of applying the open space requirements of Section 12.21.G, a kitchen as defined herein shall not be considered a habitable room. (Fourth Para. Added by Ord. No. 171,753, Eff. 11/17/97.)
SPECIFIC PLAN. A specific plan is a definite statement adopted by ordinance of policies, standards and regulations, together with a map or description defining the locations where such policies, standards and regulations are applicable. (Added by Ord. No. 138,800, Eff. 6/13/69.)
STABLE, PRIVATE. A detached accessory building which has a roof and may have one or more sides and is used in whole or in part for the housing or shelter of an equine or equines owned by the occupants of the premises and not kept for remuneration, hire or sale. (Amended by Ord. No. 157,144, Eff. 11/22/82. Clarified by Ord. No. 157,219, Eff. 12/3/82.)
STABLE, PUBLIC. A stable other than a
private stable.
Excerpt from 12.24, Relating to Special Approvals
X. Further Authority of the Zoning Administrator for Other
Similar Quasi-Judicial Approvals.
The following uses and activities may be permitted in any zone,
unless restricted to certain zones or locations, if approved by
the Zoning Administrator as the initial decision-maker or the
Area Planning Commission as the appellate body. The Zoning Administrator
shall find that approval of any use in this subsection is in conformity
with the public necessity, convenience, general welfare and good
zoning practice and that the action will be in substantial conformance
with the various elements and objectives of the General Plan.
Further these uses and activities are subject to the procedures,
regulations and limitations set forth below. (Para. Amended
by Ord. No. 173,992, Eff. 7/6/01.)
5. Dwelling Adjacent to an Equinekeeping Use.
(a) Notwithstanding any provision of this Code to the contrary,
the Zoning Administrator shall determine that the City may issue
a building permit for any residential building which has a habitable
room closer than 35 feet from a legally established equine use,
if the Zoning Administrator determines that the residential building
cannot reasonably be constructed at a location 35 feet or greater
from a legally established equine use. This determination may
be made after giving consideration to:
Size and configuration of land parcel;
Environmental conditions, including but not limited to topography,
geology, drainage and soil;
Public facilities and easements that restrict buildable area location;
Economic hardship; and
Feasibility of relocating the equine enclosure.
(b) Procedures. (Amended by Ord. No. 173,992, Eff. 7/6/01.)
An application for permission pursuant to this subdivision shall
follow the procedures for adjustments set forth in Section 12.28
C1, 2 and 3. However, notice of the pending application and
of the hearing shall be given by mailing of notice at least five
days prior to the date of the hearing to the owners of all property
contiguous to the property involved in the application using for
this purpose the last known name and address of those property
owners as shown upon the records of the City Clerk or the records
of the County Assessor. Provided, however, that if the owners
of all the private property contiguous to the property involved
in the application sign a waiver of having a public hearing, then
no notice or hearing shall be required.