Chapter 17.52
EQUINE OVERLAY ZONE
Sections:
17.52.010 What this chapter does.
17.52.020 Purpose and objective.
17.52.030 Land use regulations.
17.52.040 Development standards.
17.52.070 Sanitation and maintenance.
17.52.010 What this chapter does.
This chapter establishes the land use regulations for the equine overlay zone in Eagle Mountain City, including permitted, minimum land use standards and other development provisions. This chapter does not change the existing zoning. Landowners on these properties are required to apply for the equine overlay zone designation to run simultaneously with the existing zoning. [Ord. O-06-2008 § 2 (Exh. A § 23.1)].
17.52.020 Purpose and objective.
The purpose and objective of this chapter is to provide a mechanism for designating areas for equestrian uses and activities not allowed by existing zoning and to address the unique requirements of horses in residential zones in a manner conducive to the public safety, health and general welfare. [Ord. O-06-2008 § 2 (Exh. A § 23.2)].
17.52.030 Land use regulations.
The land use regulations shall be those of the base zoning with which the equestrian overlay zone is combined, unless modified by the equestrian zone. The following permitted animal and related uses shall apply and govern where conflicts arise with other portions of the development code.
The maximum number of horses (or equine animals) on any one developed lot of one-half acre to one acre in size is two equine animals in a residential neighborhood. Foals shall not be counted towards the maximum number of horses. [Ord. O-06-2008 § 2 (Exh. A § 23.3)].
17.52.040 Development standards.
A. Site Plan. A lot site plan including boundaries of the subject parcel, as well as surrounding parcels and structures, existing and proposed buildings and structures, lot line setbacks.
B. Stables and barns shall be constructed and maintained in accordance with the city’s building codes.
C. Minimum Floor Area. A minimum 600 square feet of surface for each animal shall be provided within a corral or stable.
D. No part of any stable shall be used for human habitation.
E. Fencing is required to be designed and constructed to prevent animals from escaping and is required to be a minimum of five feet in height. [Ord. O-06-2008 § 2 (Exh. A § 23.4)].
17.52.050 Setbacks.
Setbacks shall be governed by the requirements of the existing base zone except that no part of any corral or stable will be located within 35 feet from a habitable dwelling on the same lot, or 30 feet from a patio, pool or similar structure on the same lot. Uncovered stables or corrals that abut alleyways may build up to the property line and are exempt from base zone accessory structure requirements. [Ord. O-06-2008 § 2 (Exh. A § 23.5)].
17.52.060 Conditional uses.
The following conditional uses and such uses as the planning director and planning commission may recommend as similar and consistent with the scale, character and impact of the area will be considered:
A. Community, private, and public stables as defined in this chapter.
B. Arenas and riding arenas as defined by this chapter.
C. Veterinary offices/hospitals. [Ord. O-06-2008 § 2 (Exh. A § 23.6)].
17.52.070 Sanitation and maintenance.
All stables and horse facilities are required to comply with health department regulations. Each property owner is responsible for the maintenance of sanitary conditions including, but not limited to, the cleaning of stables, barns, corrals, and any other areas that animals have access. The removal and disposal of manure, offal, soiled straw and other refuse is required. Animal waste shall not be allowed to accumulate, run off, or leach so as to create a nuisance or be offensive to other persons in the vicinity. Each lot and structure needs to be maintained so that there is no standing surface water allowed to accumulate within the areas where the animals are kept. [Ord. O-06-2008 § 2 (Exh. A § 23.7)].
17.52.080 Approval process.
The designation of the equine overlay zone shall not be construed as an absolute right upon submission of an application and does not require the approval body to take action based upon findings of facts. The planning commission and city council shall review and take action on the proposed designation application in accordance with the following procedure:
A. Planning Commission Public Hearing. Upon receipt of a complete application, the planning director shall schedule the application for a public hearing before the planning commission. The planning director shall cause all property owners within 600 feet of the boundaries of the proposed application area (including a minimum of at least 25 adjacent property owners and affected entities if there be any) to be notified by first class mail of the time and place of the public hearing at least 10 days prior to the planning commission meeting. The city recorder shall cause that this hearing is advertised in accordance with the requirements of any applicable state statutes. A copy of the public notice of the hearing shall also be posted in three public places (including the city offices) within the city at least 10 days prior to the hearing.
B. City Council Public Hearing. The city council, after receiving a recommendation from the planning commission, shall also conduct a public hearing. The notice requirements for this hearing are identical to the planning commission hearing. The city recorder shall cause that this hearing is advertised in accordance with the requirements of any applicable state statutes.
C. Additional Development Processes. The planning commission and city council at their discretion may require additional improvements or specific requirements as conditions of approval for the equine overlay designation. [Ord. O-06-2008 § 2 (Exh. A § 23.8)].
17.52.090 Definitions.
The following definitions apply in the equestrian (equine) overlay zone:
“Adult horse” means any horse older than 12 months.
“Arena” means an enclosed area used for entertainment and/or a building containing an arena.
“Corral” means any enclosure designed for use as an open holding area for horses for an undetermined amount of time.
“Equine animal” means resembling a horse or relating to the horse family (ponies, donkeys, llamas).
“Foal” means any offspring horse which is less than 12 months in age.
“Stable, community” means a noncommercial stable for horses, operated by and for the exclusive use of the members of a nonprofit, incorporated community organization.
“Stable, private” means an accessory building, structure or premises designed, intended or used for the keeping of horses for the exclusive use of occupants of a dwelling located on the same lot.
“Stable, public” means any premises on which horses are boarded, trained, or rented for commercial purposes.
“Stall” means a division of a stable, a compartment for a horse for shelter for reasons pertinent to the health, welfare, and daily care of each animal. [Ord. O-06-2008 § 2 (Exh. A § 23.9)].