Recreational keeping of horses.

[Added 6-21-1990; amended 4-17-2003 by L.L. No. 2-2003; 8-6-2015 by L.L. No. 1-2015]A. Purpose. It is the purpose of this section to provide for and permit the recreational keeping of horses within residential districts of the Town of Webster and to prohibit the keeping of horses in such a manner or in such location as to be offensive to occupants of adjoining or neighboring properties. The provisions of this section are to, in no manner, affect or prohibit any validly existing or nonconforming uses of lands or buildings, any previously granted use or area variance for lands or buildings, nor to restrict normal agricultural uses.B.

Regulations.(1) General. The recreational keeping of horses shall only be permitted within the setbacks defined per the residential district regulations in which the facility is located.(2) Dimensional requirements shall be as follows:(a) Minimum lot area. The minimum lot area necessary for parcels involving the recreational keeping of horses shall be three contiguous acres.(b) Number of horses. The number of horses that may be present on a residentially zoned property shall be in accordance with the following schedule:[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]Minimum AcreageMaximum Number of HorsesLess than 3None3 to 42 or less5 to 64 or lessMore than 65, plus 1 for each additional acre(c) Setbacks.

The location of the stable, storage of manure, or other odor- and/or dust-producing activity shall not be located nearer than 75 feet from any lot line or nearer than 100 feet from any well, watercourse, floodplain, steep slope, or regulated wetlands.(d) Fencing. There shall be erected and maintained a fence around all paddock areas, pasture areas, stables, or any other area where a horse is allowed. Such fence shall be a minimum of four feet high. All fences shall comply with the requirements of § 350-79 of this chapter, except that, regardless of the height of the fence, no fence shall be located closer than 10 feet from any adjoining property line.

Such fence shall be of sufficient strength to prevent collapse and may be either a three- or four-board wooden rail fence, a smooth wire fence, a combination thereof, or a two-strand electrical fence, and shall be adequately secured to the interior of each post. All electrical fencing shall include signage facing the exterior of the paddock. All openings in said fence shall have a gate of sufficient strength and width for animals and equipment.(e) The owner of at least 50% of the number of horses allowed on any parcel shall reside in the dwelling located on the parcel.(f) Vans and trailers. Only one horse van or trailer may be stored on the parcel for a period of more than 24 hours.

The parking, storage, or repair of any van, trailer, or other transport device shall comply with the provisions of § 350-45 of this chapter.C. Maintenance standards.(1) The stables, paddocks, pastures, facilities, and property where horses are kept shall be maintained in a clean, safe, and sanitary condition so as not to create any sustained condition or odor that may be objectionable to neighboring properties.(2) Manure management. Adequate storage of manure for the number of horses shall be provided in accordance with the Best Management Practices for Horses, as published by the U.S. Department of Agriculture and/or the Natural Resources Conservation Service.(3) Manure shall be stored in a location where runoff will not allow nutrients and pathogens to enter waterways, floodways, or regulated wetlands.(4) Approved manure management practices shall include composting, land application, or site removal by an approved solid waste disposal operation.(5) Land application of manure shall be completed in thin layers and shall not be applied to wet or frozen soils.(6) All deceased animals in excess of 200 pounds shall not be buried on site.

Deceased animals shall be disposed by an approved rendering company to prevent contamination.(7) Rotational grazing areas shall be utilized to preserve adequate ground cover for the prevention of soil erosion and the transport of pollutants to waterways.D. Stabling requirements.(1) The stabling or keeping of horses shall be allowed on parcels where such use is secondary and subordinate to the residential use only if there exists on said parcel a single-family dwelling.(2) Adequate shelter facilities shall be provided for all horses within the paddock. Shelters shall have a minimum of three sides, with a waterproof roof to protect horses from wind, rain, snow, and any other inclement weather.

The shelter shall be of sufficient height to allow all animals to stand upright in their normal position.(3) Animals shall have adequate and safe access to clean water to maintain normal hydration and cleaning purposes. Grazing within watercourses shall not be permitted.[1][1]Editor's Note: Original § 225-49D (4) of the 1991 Code, regarding residing in the dwelling located on the parcel, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).(4) The floor shall be dry and suitable for the animals to lie down.(5) shall be stored in a location where runoff cannot allow nutrients and pathogens to enter waterways or floodwaters.E.

Nonpermitted uses. Uses not permitted in a residentially zoned area:(1) Livery of horses.(2) Boarding of horses in excess of 50% of the total number of horses allowed.(3) Sale or rental of horse equipment.(4) Sale of rides on horses to the public.(5) Rental of horse vans or trailers.(6) Riding lessons to the public.(7) Commercial boarding of horses.(8) Commercial training of horses.[2][2]Editor's Note: Original § 225-49F of the 1991 Code, Definitions, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 350-3.