Twentynine Palms Municipal Code Ch. 8.16 Horses

The following paragraphs are added to the San Bernardino County Development Code, Division 3; Section 83.0250(c)(2), Horse Raising; to read as follows:

(A) EXCEPTION: (1) EQUESTRIAN AREAS;

A greater number of horses may be kept on a property under the following circumstances:

Not more than four (4) horses per acre or, fraction thereof (i.e., one horse per quarter acre), with no upward limit, may be kept on any lot or parcel of land when the property in question has been designated an equestrian area as approved by the City Council by Resolution. In considering adoption of such a Resolution, the Planning Commission and City Council shall hold a public hearing, notice of which is given pursuant to Section 65090 of the State Government Code. The City may impose a fee for the processing of requests to have property designated an equestrian area; said procedure to be the same as that for a Special Use Permit; however, in the case that a petition for including an area in said "equestrian area" is signed by at least five contiguous property owners, no application fee will be required. Notwithstanding the foregoing, if an excess of ten (10) horses is requested or kept, a Site Development Plan shall also be required prior to the establishment of the additional horses.

EXCEPTION (2) NON-EQUESTRIAN AREAS;

No horses may be kept in any area designated as a "non equestrian area" and any property containing legally existing horses in said area shall have a legal nonconforming status when the property in question has been designated a non-equestrian area by City Council Resolution. In considering adoption of such a Resolution, the Planning Commission and City Council shall hold a public hearing, notice of which is given pursuant to Section 65090 of the State Government Code. The City may impose a fee for the processing of requests to have property designated a non equestrian area; said procedure to be the same as that for a Special Use Permit; however, in the case that a petition for including an area in said "non equestrian area" is signed by at least five contiguous property owners, no application fee will be required.

(B) SPECIAL PROVISIONS

Wherever the keeping of horses is legally permitted, including legal nonconforming situations, the following Special Provisions apply:

(a) The permitted number of horses shall not include horses less than twelve (12) months old;

(b) All facilities housing or boarding horses shall at all times during daylight hours provide a shaded area or areas accessible to all of the horses kept on the property. Shaded areas shall be under a constructed shelter that has been inspected and approved by the Animal Control Officer or be under the shade of mature trees or other sun screening feature as may be approved by the Animal Control Officer. Such facilities shall meet all requirements of State and Local laws; and

(c) Any property that contains, boards or houses a horse or horses that no longer comply with the numerical conditions of this Chapter after the designation of an equestrian or non-equestrian area shall enjoy the rights of a legal nonconforming use provided that the horse or horses were legally established pursuant to the Code in effect at the time they were established on the lot in question. However, all existing property that boards a horse or horses shall comply with the provisions of paragraph (b) within one-hundred and eighty (180) days of the date of adoption of the Ordinance codified in this Chapter.

(92-100 §2)