9-10-3 HORSE BOARDING

A. Requirements: 1. Residential Horse Boarding: a. Purpose: Residential horse boarding is intended to provide for short term, boarding of horses in an approved residential zone with adequate property size and in such a way as to limit any negative impact on adjoining properties and maintain the harmony and residential character of the neighborhood. Short term shall mean no longer than ninety (90) days in a calendar year. (2010 Code, amd. ord. 15-005, 428-2015) b. Horse boarding in a residential zone shall be allowed for a period of seven (7) continuous days with a maximum of fourteen days in a calendar year without the requirement of a conditional use permit. Any term longer than fourteen days shall require a horse boarding permit. (ord. 15-005, 4-28-2015) c. Permitted Zones; Limitations: Horse boarding is permitted in an R-1 zone only, outside of any zone 1 and 2 water source protection zone and shall be subject to the following limitations: (2010 Code, amd. Ord. 15-005, 4-28-2015) i. A horse enclosure area shall have a fence structure of at least forty-two inches (42") in height and shall enclose at least one hundred forty-four (144) square feet per horse. Such enclosure area shall be located at least fifty feet (50') from any property line or residential structure. ii. The horses shall be used for the riding/packing pleasure of the property owner and his guests and shall not be available to the public for hire. iii. The site shall be maintained in a sanitary condition and shall conform to all public regulations. Appropriate fly control methods must be demonstrated. iv. Drainage from the boarding area shall be maintained on the property and shall not be directed toward public street rights of way, adjoining property or any creek or stream. v. Each animal’s physical description, together with its owner's name and phone number, shall be filed with the public safety department so that the owner may be contacted in the event of escape or other emergency. 2. Commercial Horse Boarding Permit: a. Purpose: A commercial horse boarding permit is intended to allow for the boarding, riding, and enjoyment of horses on a for hire, commercial basis in such a way as to not create a negative or detrimental impact on associated properties, and to maintain the harmony and character of the zone. b. Permitted Zones; Limitations: A horse boarding permit issued in ROS, GC and LI zones shall be subject to the following limitations: i. The property owner shall send a request by certified mail to each adjoining property owner within three hundred feet (300') of the boarding corral/structure. If the adjoining property is owned by multiple owners (i.e., a condominium development, etc.), the notice shall be mailed to each individual property owner. ii. A horse enclosure area shall have a fence structure of at least forty-two inches (42") in height and shall enclose at least one hundred forty-four (144) square feet per horse. Such enclosure area shall be located at least fifty feet (50') from any property line or occupied structure. iii. The site shall be maintained in a sanitary condition and comply with all town, county, state and federal applicable rules and regulations. iv. Drainage from the boarding area shall be maintained on the property and shall not be directed toward public street rights of way, adjoining property or any creek or stream. v. A commercial horse boarding operation must have a current valid business license. B. Revocation Or Discontinuance: A boarding permit may be revoked by the Town after an opportunity for a hearing if the provisions of this section or the limitations prescribed as a condition of the permit are being violated, or if the horses are not being properly cared for as determined by the state Humane Society guidelines or in violation of the Town Nuisance Ordinance. A permit shall become void if not used within one month from the date of issuance. C. Appeal: Any resident or property owner may file with the Appeal Authority an appeal of any action of the Town staff in connection with issuance or denial of a boarding permit, or the conditions attached thereto, within ten (10) days following such action. In the event of appeal, the Appeal Authority, after receiving a report from the Town staff, may confirm, reverse or modify the action of the Town staff. A public hearing shall not be required. (Ord. 08-016, 8-12-2008)