Woodside Municipal Code § 115.16 New professional stables

This chapter shall be known and may be cited as the "Stable Ordinance of the Town of Woodside."

(Ord. 2007-538, effective 11-22-07)

(A) The provisions of this chapter are adopted to establish licensing requirements for the keeping of horses and to regulate their keeping and maintenance in order to protect and promote both public and animal health, safety, welfare, comfort, and convenience and to establish conditions and requirements for the operation of stables.

(B) It is hereby expressly declared to be the intent of the Council that the standards and regulations set forth in this chapter shall apply to the maintenance and operation of all private and professional stables situated and existing within the Town and all private and professional stables hereafter erected, constructed, or put into operation within the Town.

(Ord. 2007-538, effective 11-22-07)

The provisions of this chapter shall not be construed as authorizing any act prohibited by the state laws or regulations adopted pursuant thereto.

(Ord. 2007-538, effective 11-22-07)

The enforcement of the provisions of this chapter shall be performed by such persons or governmental bodies as authorized by the Council or by the provisions of this chapter.

(Ord. 2007-538, effective 11-22-07)

Any person may appeal to the Planning Commission regarding the issuance or denial of a stable permit per this chapter. Appeals shall be made pursuant to the provisions enumerated in Sections 153.335 through 153.338 of this Code. In accordance with these provisions, the decision of the Planning Commission may be appealed to the Town Council.

(Ord. 2007-538, effective 11-22-07)

It shall be unlawful for any person to keep or maintain, or cause to be maintained, any horse or other equine in the Town except in conformance with the provisions of this chapter.

(Ord. 2007-538, effective 11-22-07)

A nonconforming livestock use or the use of a nonconforming structure for livestock purposes may be continued except as otherwise provided in the Zoning Code. The right to continue a nonconforming livestock use shall run with the land, provided, however, that such right shall lapse if the use shall be abandoned for a period of one year or more.

(Ord. 2007-538, effective 11-22-07)

It is the intention and direction of the Council that the interpretation and application of the provisions of this chapter shall be held to be the minimum requirements, except where it is expressly stated that maximum requirements shall prevail. The provisions of this chapter are not intended to impair or interfere with any private restriction placed upon property by covenant or deed; however, where the provisions of this chapter impose a greater restriction upon such property, the provisions of this chapter shall control. Where the provisions of this chapter impose regulations or requirements which are different from or in conflict with those of any other law of the Town, the law establishing the more stringent requirements shall prevail.

(Ord. 2007-538, effective 11-22-07)

For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Automatic sprinkler system. An approved fire protection system which dispenses water through specially sized pipe and to which sprinkler heads are attached for the extinguishment of fire.

Boarded horse. A horse that is kept on a property where the horse's owner does not reside.

Call box. An approved, manually operated fire alarm box.

Code box relay station. An approved electrical device which receives and transmits a coded fire alarm signal to a distant receiving station.

Enclosed stable. A stable where the stalls do not immediately exit to the outside directly from each stall.

Existing professional stable. A professional stable in existence on July 1, 2007.

Flammable liquid. A volatile liquid which will readily combust when subjected to heat.

New professional stable. Any professional stable not legally existing on July 1, 2007.

Private stable. A property where the keeping of horses is considered an accessory use of land as defined in Section 153.005 of this Code.

Professional stable. Any boarding and/or training establishment where the primary use of the property is to provide services or facilities for the keeping and/or use of horses.

Rapid rise in temperature fire alarm system. An electrical device which automatically detects fire by a rapid change in temperature. Detecting devices are electrically connected to each other in a circuit, and, upon being activated, such detecting device transmits a signal.

Shelter. A roofed structure a minimum of ten feet by ten feet, with at least one wall, dry footing, adjacent to turnouts, with water and feed containers.

Stable. A building, or portion thereof, used for the feeding and housing of one or more horses.

Stall. An enclosure in a stable provided and designed for the feeding and housing of a horse.

Stallion. Any uncastrated male horse which has attained the age of 18 months.

Turnout. A fenced area for the confinement of horses.

Unenclosed stable. A stable where the stalls are so located that each stall door opens immediately to the outside.

(Ord. 2007-538, effective 11-22-07)

No horse shall be kept for more than 30 consecutive days without obtaining a stable permit therefor pursuant to the provisions of this chapter. All related fees for such permits shall be fixed by resolution of the Council and payment shall be the responsibility of the owner of the property.

(Ord. 2007-538, effective 11-22-07; Am. Ord. 2008-541, effective 7-10-08)

(A) Applications made to Town Clerk. Applications shall be made to the Town Clerk on a form provided by the Town for such purpose and shall be accompanied by the required annual fee. Applications received during the year shall have the applicable annual fee prorated to the nearest month. Annual billings shall be mailed in the month of July of each year with payment due 30 days after mailing.

(B) Fees. All applications shall be made by or on behalf of the owner of the property. Permits shall be issued (subject to inspection as provided in division (C) below) upon collection of fees, and shall be issued for an annual term commencing July 1 of each year. Stable fees are not refundable.

(C) Inspections. The Town staff shall make, or shall cause to be made, by members of the Livestock Committee or other authorized persons, an inspection of the premises to verify that the use or proposed use is or will be in conformity with the provisions of this chapter and any conditions imposed by the Planning Commission in approving a conditional use permit for professional stables. Inspections shall occur prior to final for a newly constructed stable. Inspections shall also be made upon receipt of a complaint about the stable from neighbors or other concerned persons. An inspection shall not be required for an application for a private stable permit submitted by a new owner of a property that has had a current and valid private stable permit in the preceding 12 months, provided that the owner acknowledges in writing that his or her stable is in full compliance with the private stable regulations listed in Section 115.12.

(D) Denial or revocation. If the Town staff finds that the use or proposed use is not or will not be in conformity with the provisions of this chapter, the Town Manager or designee shall deny such a permit (if none has been issued), or if issued, shall take action to revoke such permit as provided for in Section 115.13.

(E) Reserved.

(F) Conditions. Each stable permit issued shall state the number of horses permitted, the activities and facilities permitted, and any special conditions or requirements to be met.

(G) Transferability. Existing stable permits issued pursuant to this chapter may not be transferred or assigned to new owner(s).

(Ord. 2007-538, effective 11-22-07; Am. Ord. 2008-541, effective 7-10-08; Am. Ord. 2011-549, effective 7-14-11)

The following regulations apply to all private stable permits.

(Ord. 2007-538, effective 11-22-07; Am. Ord. 2008-541, effective 7-10-08)

Any stable permit granted pursuant to the provisions of this chapter shall be subject to suspension or revocation by the Council for failure to comply with the provisions of this chapter. A notice shall be served by registered or certified mail, return receipt requested, or by personal service on the person holding such permit specifying therein that he/she is failing to comply with the provisions of this chapter or with any term or condition specified in the permit for the maintenance of horses. Such notice shall require him/her to report or appear before the Council, at a date and hour specified, to show cause at such time and place why the permit should not be suspended or revoked. At such time and place the person holding such permit shall have the right to appear in person or by counsel and to introduce such relevant evidence as he/she may desire, and the Council shall hear and consider any evidence it deems relevant to the issue of the alleged failure to comply with the provisions of this chapter or the terms and conditions specified in the permit for the maintenance of horses. After the conclusion of the hearing, the Council, if it makes a finding that the permit holder has violated the terms of this chapter or the terms and conditions specified in the permit for the maintenance of horses, may revoke or suspend the permit or set new or amended conditions for its continuance.

(Ord. 2007-538, effective 11-22-07)

Exceptions to the private stable standards listed in Section 115.12 may be granted by the Planning Director after review and recommendation by the Livestock Committee, subject to the following findings and limitations.

(A) For all exceptions, the Livestock Committee and the Planning Director must make all of the following findings:

(1) The exception will not impair the health, safety or welfare of the livestock maintained on the site.

(2) The exception will not result in any adverse health, safety, noise, traffic or visual impacts on surrounding properties and roadways.

(3) The proposed use complies with all other standards of Section 115.12 above regarding private stables.

(B) For any exception involving a request to exceed two horses per acre, the Livestock Committee and the Planning Director must make all of the following additional findings:

(1) That the site is adequate in size, shape, and topography to accommodate the proposed use;

(2) That the site for the proposed use can be served by roads of adequate width and design to accommodate the quantity and type of traffic generated by such use, including parking demands;

(3) That the number of horses allowed shall not exceed four horses per acre on a property.

(C) Applications for stable permit exceptions shall be accompanied by a fee, as set forth in the Town's fee and deposit resolution, to recover the costs of staff and Livestock Committee review (in addition to the annual stable permit fee), along with stamped envelopes addressed to all owners of properties located within 100 feet of the subject property. Notice of the Livestock Committee meeting to consider the exception shall be mailed to all such property owners not later than ten days prior to the Committee meeting date.

(D) The Planning Director may require periodic review or renewal of the stable permit for the excepted property as a condition of approval of the exception, and may revoke such exception at any time upon finding the existence of an immediate health or safety hazard, or after recommendation of the Livestock Committee that the required findings can no longer be made.

(E) Any decision made by the Planning Director approving or denying a stable permit exception may be appealed to the Planning Commission pursuant to the provisions of the Town Zoning Code.

(Ord. 2007-538, effective 11-22-07)

Existing professional stables shall be subject to and meet the following fire protection requirements.

(A) Access roads. Access roads to stables or other buildings shall be kept in good repair, and overhanging tree limbs or other obstructions shall be removed when they restrict or impair the maneuverability of fire apparatus.

(B) Portable fire extinguishers. Portable fire extinguishers shall be installed in each stable at such locations as approved by the Fire Marshal. The Fire Marshal shall determine the number, type, and size of extinguishers to be installed.

(C) Brush, grass, and similar combustible material. Brush, grass, and similar combustible materials shall be removed to mineral soil for a distance of 20 feet around the exterior of the stable when, in the opinion of the Fire Marshal, such materials would aid the spread of fire if not so removed.

(D) Exits. Enclosed stables shall have a minimum of two approved exits.

(1) When 11 or more stalls are used in an enclosed stable, one additional exit shall be required for each five stalls, or portion thereof. Additional exits shall be installed at such locations as approved by the Fire Marshal.

(2) Exit doors shall be kept in good operating condition and repair.

(3) Exit doors for enclosed stables shall not be less than six feet in width nor less than eight feet in height. Each exit door shall have a latch which can be operated from either side of the exit door.

(4) Exit ways shall be maintained and kept free of storage or other obstructions.

(5) A metal lock shall not be used for securing an exit door or a stable door.

(E) Electrical wiring. Electric wiring in a stable shall meet the minimum requirements of the Woodside Electrical Code. Substandard wiring shall be removed, and all new wiring shall be placed in metallic conduit.

(F) Flammable liquids. Flammable liquids shall not be stored or used in any stable, except where special permission has been granted, in writing, by the Fire Marshal.

(G) Submersible water heaters, hot plates, and open flames. Submersible water heaters, hot plates, or open flames shall not be used in any stable, except where special permission has been granted, in writing, by the Fire Marshal.

(H) Storage of combustible materials. Hay, straw, wood shavings, and similar combustible materials shall be baled when stored in a stable. Broken bales shall be limited to those immediately in use.

(I) Storage of vehicles. No vehicle shall be stored in any stable, except where special permission has been granted, in writing, by the Fire Marshal.

(J) Removal of trash, rubbish, and other combustible materials. Stables shall be kept in a neat and orderly manner with daily removal of trash, rubbish, and other combustible materials.

(K) Emergency lead lines and halters. Each stall shall be provided with an emergency lead line and halter. They shall be located near the stall exit door, in plain view; and immediately available for emergency use. This requirement shall be waived if the horse is haltered when located in a stall.

(L) Stallions. Any stall primarily used for the confinement of a stallion shall be identified by a conspicuous sign stating "DANGER, STALLION". It shall be located near the stall exit door.

(M) Smoking. Smoking shall be prohibited in storage rooms, exit ways, haylofts, and stalls. A conspicuous sign shall be posted near the main stable entry stating "NO SMOKING by order of the Woodside Fire District".

(N) Adult attendants or rapid rise in temperature fire alarm systems. When a stable has ten or more horses, a competent adult attendant shall remain on the immediate property 24 hours a day. A rapid rise in temperature fire alarm system may be installed in lieu of the attendant providing the system is installed in accordance with the requirements of the National Board of Fire Underwriters with a direct Electrical Code connection to the Woodside Fire Department.

(O) Fire walls or fire curtains. The Fire Marshal may order the installation of either a fire wall or a fire curtain when, in his/her opinion, such fire wall or fire curtain would aid in the confinement of fire or in the evacuation of horses.

(P) Floor construction. When a hayloft is used for the storage of baled hay, straw, wood shavings, or other combustible materials, the floor construction of the loft shall be capable of carrying a live load of 30 pounds per square foot and for each square foot of height thereafter.

(Q) New additions and extensions. Any new addition or extension to an existing stable, if permitted, shall meet the stable construction requirements of the Town.

(Ord. 2007-538, effective 11-22-07)

(A) Application of existing professional stable provisions. New professional stables shall conform to all the requirements set forth in Section 115.15 for existing professional stables, except where such requirements are specifically deleted or superseded by the provisions of this section.

(B) Construction plans. Plans for the construction of new professional stables shall be reviewed by the Fire Marshal prior to issuance of any building permits. The recommendations of the Fire Marshal shall be submitted, in writing, to the Building Official.

(C) Wood shingles. The use of wood shingles on the roof of a new professional stable shall be prohibited.

(D) Exit doors. The major exit doors of enclosed new professional stables shall swing in an outward direction, or slide.

(Ord. 2007-538, effective 11-22-07)

(A) Professional stables shall be permitted only on sites where a conditional use permit has been granted by the Planning Commission pursuant to the zoning laws of the Town. In acting on any conditional use permit for a professional stable, the Planning Commission may impose such conditions as are necessary to secure the objectives of this chapter, including, but not limited to, the alteration, demolition, or reconstruction of existing structures within the time limits established by the Planning Commission, giving consideration to the purposes of the chapter.

(B) In addition to the general requirements of this chapter and any conditions imposed in approving the conditional use permit, each professional stable shall conform to the following:

(1) Minimum site size. Five acres.

(2) Number of horses permitted. The maximum number shall be set by the use permit and shall depend on the specific site characteristics and conditions of the permit. The characteristics to be considered shall include, but not be limited to: access to roads and equestrian trails; road conditions; streams and waterways; watersheds; vegetation; surrounding properties; slope; and visual impacts.

(3) Stalls and corrals. New construction or remodeled stalls shall be a minimum 12 by 12 feet in size, and existing stalls shall be a minimum ten by ten feet in size. All stables shall have room for daily turnouts. Turnouts shall have water for horses. Each horse shall have shelter available.

(4) Boarding. Up to 100 percent of the permitted horses may be boarded horses.

(5) Training. Up to 100 percent of the permitted horses may be involved in training.

(6) Traffic/circulation. Sites shall be adjacent to an arterial road.

(7) Topography. The area for turnouts shall have an average ground slope of less than 20 percent.

(8) Setbacks. For any new professional stable, at the time of construction, the stable shall be located not less than 50 feet from the nearest property line, recognizing that the Planning Commission may require a greater setback in issuing a conditional use permit for the use based on existing site conditions and surrounding site conditions. Turnout and riding rings fences shall be a minimum distance of 50 feet from any neighboring property line, other than a street parcel line where the minimum distance shall be 25 feet. Other setback requirements shall be as defined in the Town's Zoning Code.

(9) Fire protection. As set forth in Sections 115.15 and 115.16 and this section.

(10) Waste management. The applicant shall submit a waste management plan that demonstrates that the property will be maintained in a clean and sanitary condition for review by the Livestock Committee and approval by the Planning Director. Waste management may be through removal, composting or spreading of waste.

(11) Insect and dust control. An insect and dust control plan shall be required.

(12) Drainage. A drainage plan shall be required as a condition of the use permit demonstrating adequate site drainage and the maintenance of the drainage system.

(13) Structures. Plans for the new construction of all structures for which a building permit is required shall be reviewed and approved by the Architectural and Site Review Board. All new professional stables shall be built in conformance with the Building Code of the Town. Where existing buildings and structures constructed in compliance with regulations in force at the time of construction constitute a threat to the health, safety, or general welfare, specific corrections may be required within stated time periods as a condition of the permit.

(14) Residence. There shall be a full time residence owner or manager on-site.

(15) Events. Special events involving horses not usually stabled or trained on-site shall be regulated by special permit issued by the Town Manager.

(16) Parking. Parking adequate for the use and the site shall be set by the Planning Commission as a condition of the use permit.

(17) Lighting. No exterior lighting, other than needed for safe passage around buildings, unless specifically authorized by the Planning Commission in its review of the use permit.

(18) Fences. All turnouts shall be enclosed by an adequate fence that complies with the provisions of Section 153.051 of this Code.

(19) Stallions. Fencing shall be six feet in height. Signs shall be posted on stall doors, Turnout gates, and fences adjacent to trails indicating a stallion is kept therein. The owner shall disclose on the stable permit that a stallion is on the premises. Turnouts shall be at least 50 feet from neighboring property lines and dedicated trail easements.

(20) Equestrian lessons. Equestrian instruction shall be permitted.

(21) Renting and hiring horses prohibited. No horse shall be rented or let for hire, except for equestrian instruction.

(C) The Livestock Committee shall review all applications for use permits for professional stables and shall make a report and recommendation to the Planning Commission prior to the Planning Commission issuance of a use permit.

(Ord. 2007-538, effective 11-22-07)

(A) Public nuisance abatement. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this chapter or any permit issued pursuant to the provisions of this chapter, and any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this chapter or any permit issued pursuant to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance. The Town Attorney, upon an order of the Council, shall commence an action or proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person from setting up, erecting, building, maintaining, or using any such building or structure or using property contrary to the provisions of this chapter. The remedies provided for in this chapter shall be cumulative and not exclusive. All costs and attorneys' fees relating to the enforcement of the provisions of this chapter shall be borne by, and recoverable from, the persons in violation thereof.

(B) Violations, misdemeanors and infractions. It shall be unlawful for any person to operate a professional or private stable within the Town in violation of the provisions of this chapter. Any person violating any provision of this chapter shall be subject to the general penalty provisions of Section 10.99 of this Code.

(Ord. 2007-538, effective 11-22-07)