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Equine regulation moves forward
BY CHARLES GARRATT • STAFF WRITER
WARM SPRINGS - Even though allowing horses in residential districts has been a hot topic in Bath County for more than a year, only seven people attended the public hearing Monday to discuss a new land use regulation that would allow horses in residential districts as a conditional use.
The hearing on the new equine conditional use ordinance was the only item on the Bath County Planning Commission agenda for the meeting.
Most of the public comment, pro and con, was about whether horses should be allowed in residential districts rather than the issue before the commission of crafting an ordinance draft supervisors to consider. Chairman Mike Grist reminded speakers a number of times the hearing was not about any particular barn or tract of land.
"We as a commission do not decide" what will be included in the land use regulations, Grist said after the first two speakers. "Our job is to develop a draft ordinance."
After almost an hour-and-a-half of comment and discussion among commissioners, Grist directed county planner Sherry Ryder to create a new draft with three changes decided and advertise another public hearing for the next month's meeting, Monday, Jan. 28.
The changes to the draft presented by Ryder (see sidebar) were minor and directed toward protecting adjacent property owners and closing possible loopholes. The provision allowing leased land to be included in the conditional use permit was tightened to require yearly proof the lease is renewed.
The issue of setbacks for fencing and barns raised a lot of discussion among commissioners. Valley Springs District planner David Keyser noted it was hard to come up with a set rule when lot shape and topography were considered.
Keyser suggested fencing be handled on a case-by-case basis. Using his own "L" shaped property as an example, he said even though he had 10 acres, the 200-foot setback for fencing originally proposed would mean he would have little or no land for a horse.
Grist asked, "Why would you need even 100 feet along a major highway?" Eventually planners directed Ryder to rework the draft on fencing setbacks.
None of the issues, including potential odors and pests associated with a stable was brought up by citizens in attendance. Instead, planners themselves picked the draft apart line by line.
Commissioner Lynn Ellen Black asked, "Should we address cleanliness?" She thought the regulation should at least have something about odor.
Keyser noted odor was subjective but he also said in a residential district it is more important to try to control smell.
Ryder suggested the commission add a statement similar to the one already addressing fencing. She said, "Barns should be maintained and kept in good order," adding that would mean no manure storage.
Warm Springs District Mary Lynn Riner summed up the difficulty facing the commissioners when she said, "There is no way the five of us can sit here and make everyone happy."
Mitchelltown resident Carl Chestnut led the objection from the public. Only two people spoke against the plan to allow equine in residential districts, while three spoke in support. Chestnut focused on the specific case of the Layman property in Mitchelltown.
Allen and Ann Layman purchased 13 acres in Mitchelltown in when regulations allowed horses in residential districts by conditional use. In 2004, the board of supervisors removed that provision in response to complaints about a horse getting into a neighbor's pool and another complaint of a smelly mule.
When the Laymans were ready to build a barn and use the property for horses, they discovered the regulations had been changed and they would not be able to have horses. Through some confusion of permits and permissions, they built a barn that was labeled an accessory building.
Over the past couple of years, the Laymans have tried a variety of avenues to get permission to stable their horses occasionally on the property. Two months ago the board of zoning appeals denied them a variance.
Ann Layman and her daughter Mary Ann attended the meeting Monday. Both spoke addressing the general desire to be allowed "a couple of horses on our 13 acres."
Mary Ann Layman noted "times are always changing," and encouraged the commission to allow the conditional use where the local board could decide on a case by case basis whether the property was appropriate for horses.
Like the Laymans, Rocky Phillips of Mitchelltown said, "I love horses," but he thinks they are livestock and don't belong in residential districts. He and Chestnut were the only two to speak against the ordinance.
After working on the draft for about an hour, Grist again opened the floor for comment. Chestnut said if the county allowed horses in R-1 and R-2, "someone is going to get sued."
Northridge resident Cecil Armstrong had a more positive reaction. "I'm very impressed with your board," he said. While he was happy with the board's work on the draft, he also noted, "You can't solve all the problems by a lot of laws."
The planning commission will hold another hearing on the proposed equine ordinance on Jan. 28, 2008 at 7 p.m. in room 115 at the courthouse in Warm Springs. Proposed equine ordinance
The change to the land use regulations being drafted by the planning commission would allow equine (horses and ponies) on property zoned residential (R-1, R-2 and R-3) as a conditional use if the applicant meets the special requirements listed below and is approved by the board of zoning appeals. No by-right use is proposed.
¦ The lot or tract must be a minimum of 10 acres. Leased land may be included in the tract, but annual proof of the lease being continued must be provided for the conditional use permit to remain in force.
¦ A maximum of five horses shall be allowed per 10 acres of property. Additional horses shall be allowed in proportion if the lot or tract is larger than 10 acres.
¦ Fencing shall be in place throughout the property and kept in good order. Setbacks from existing residential dwellings are being discussed and are currently set at 50 feet.
¦ Barns and accessory structures shall be no closer than 200 feet from adjoining property lines and shall be kept clean and maintained in good order.
¦ A conditional use permit may only be issued for equine for personal pleasure. No commercial stables or other equine related businesses are allowed.
Copies of the proposed ordinance may be obtained from the County Planning and Zoning Office a week prior to the public hearing in January.
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