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| Author |
Message |
    
DAN LINCOLN
| | Posted on Sunday, Mar 26, 2000 - 11:12 pm: |   |
My area is rapidly urbanizing. Local government is trying to establish a "number of horses" per acre standard for zoning in suburban residential area. I am looking for experience/precedent/literature that might provide a sound basis for advising planners who are absolutely ignorant about horses. Please see similar message and response in the Care Menu-Barns, Fences and Arenas. DanL |
Elizabeth Jopp
| | Posted on Monday, Mar 27, 2000 - 10:08 pm: | |
Dan:
I am sorry to hear that they are trying to "down-zone" you. I am a real estate appraiser and this happens to all types of property, not just horse property. You should try to get "grandfathered" in. In other words, you should be allowed to keep your current number of horses on your current acrage and may have to agree not to have more than the "grandfathered" number. Most zoning ordinances have this type of stipulation. In other words, they shouldn't be allowed to make you move or sell horses just because they changed the zoning. I suggest you talk to an experienced real estate attorney if you are worried about this happening.
To my understanding, and also understanding that I am NOT a litigator, I believe that they would have to PROVE that your property is lowering the value of the properties surrounding yours in order to "down zone" you. So, unless they can prove that having more than X number of horses per acre is damaging to the neighborhood somehow, in terms of health or dollars, they can't force you to change your current arrangement. This of course is just my educated guess. I live in chicago and thats how its done out here.
I would still urge you to just talk to a real estate lawyer who knows about this type of stuff.
good luck and keep us posted!!!
Liz |
DAN LINCOLN
| | Posted on Sunday, Apr 16, 2000 - 11:43 pm: | |
The question is not just oneof protecting the existing operations, but also of finding some sound basis for establishing horse densities as zoning codes are rewritten to adjust to increasing people densities. The folks who write the regs like the sound of 1 horse/acre, but there really does not seem to be any basis for the standard. Certainly, if I put 100 horses on a 100acre dry plains pasture, I could do as much wrong as 1 horse/1/2 acre irrigated pasture. Also, any density standard also assumes some degree of care. If I have a two stall stable with runs on 1/2 acre, and ride local trails twice a week, are my horses ill kept as compared to the horse with a one acre paddock and no riding? Anyway, I'd be interested in what other zoning codes around the country say about this. |
