HomeMy WebLinkAbout1976-16 Providing for Horse Pasturing as an Accessory Use; Requiring a Permit
ORDINANCE N0. f(~
Series o£ 1976
AN ORDINANCE PROVIDING FOR HORSE
PASTURING AS AN ACCESSORY USE; REQUIRING
A PERMIT, THEREFORE; SPECIFYING FINDINGS,
~ TIME LIMITS AND RENEWAL REQUIREMENTS FOR
~ APPROVAL; REVOCATION AND APPEAL; AND
SETTING FORTH DETAILS IN RELATION THERETO
WHEREAS, there have been requests made to the Town
to allow horse grazing within the limits of the Town of Vail;
WHEREAS, the Town Council is of the opinion that
horse grazing may be allowed as an accessory use with specific
requirements and limits imposed thereon; and
WHEREAS, the Tawn Council is of the opinion that
the limitations and requirements to be imposed on horse grazing
are necessary for the protection of the public health, safety
and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF VAIL, COLORADO, THAT:
{1} Ordinance No. 8, Series of 1973, is amended
as follows:
(a) Add to Section 4,400; subsection {5) of
Section 12.400; and Section 23.400 as an accessory
use the following:
Horse Grazing. Subject to the issuance
of a Horse Grazing Permit in accord with
the provisions of Section 17.600 of this
ordinance.
(b) Amend subsection {6} of Section 12.300
by striking the word °horses" therefrom.
(c) Addition of Section 17.600 entitled "Horse
Grazing Permit" to read as follows:
Section 17.600. Horse Grazing Permit.
17.601. Permit Required. The grazing of
of horses, where permitted as an accessory
use by the provisions of this ordinance,
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Ord.
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16 197b Page 2
shall be subject to issuance of a
grazing permit by the Zoning Administrator.
Application shall be made on a form pres-
scribed by the Zoning Administrator, and
shall be accompanied by a statement fully
describing the property proposed for grazing
or pasturing; the number of horses, the
manner in which the property will be fenced
and any structures or storage proposed for
the site. The application shall describe
in detail the manner in which the grazing
permit will conform with the requirements of
this section.
17.602. Permit Issuance and Findings. After
review of the application, the Zoning Admin-
istrator may issue a Horse Grazing Permit
if' he finds that the proposed use will conform
with the requirements of this section. The
permit may be subject to such conditions as
the Zoning Administrator deems necessary to
guarantee compliance with the requirements
of this section and compatibility with other
uses in the vicinity. The Zoning Administra-
for shall deny the application if he finds
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that the proposed use will not conform with
the provisions of this section. or would be
injurious or detrimental to other properties
in the vicinity.
17.603. Time Limit and Renewal. Horse
Grazing Permits, when issued, shall be far
a limited time period not exceeding six
months. Application may be made for summer
grazing from June 1 through October 15; or
for winter feeding season from October 16
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Ord. 16 1976 Page 3
through May 31, cahich shall be reserved
for those horses necessary for sleighs or
other similar commercial enterprises.
Permits shall be renewable upon application,
~ subject to such regulations as shall be in
effect at the time of application for
renewal. The Zoning Administrator shall
make the same findings with respect to an
application for renewal as for the original
issuance of a Horse Grazing Permit.
17.604. Requirements for Horse Grazing
Permit. Where permitted, permit shall be
subject to the following limitations
(1) The lot, site, or parcel of
land must contain a minimum of three {3)
acres for each horse proposed to be pas--
turgid on the site.
(2) Approval must be granted by
each adjoining property owner. Written
permission must be requested each adjoining
property owner by Certified Mail. Failure
of a property owner to respond within 15
days of receipt of a written request shall
be deemed approval. by that property owner.
~f the adjoining property is owned and
occupied as a condominium development or
other similar multiple ownership, and the
owners thereof are required to be members
of an association or other representative
body for tha condominium owners, the approval.
required by this subsection may be sought
from the governing body or appropriate
official of the association acting as the
representative of the individual owners.
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Ord. 16 1976 Page 4
{3) Each horse must be branded
or in some manner identified.
(4) A minimum three-strand barbed
wire fence a minimum of 4$ inches high shall
be installed.
{5) The horses shall be used for
the riding pleasure of the owner and his
guests and shall nat be available to the
public for hire.
(6) The site shall be maintained
in a sanitary condition as determined by
the Environmental Health Officer and na
odor shall be apparent beyond the property
line.
{7) Drainage through or from the
site shall not be directed toward public
street rights-of-way, adjoining property
or any creek or stream.
(8) The brand, physical descript-
tion and owner's name and phone number for
each horse shall be filed with the Vail
Police Department so that owner may be con-
tacted in the event of escape.
(9) Any storage, except baled hay,
shall be in an enclosed structure which shall
be approved by the Design Review Board. No
unenclosed storage of horse trailers, trucks
or similar transporting vehicles shall be
allowed.
(10) Na studs may be kept
within the Town of Vail.
17.605. Revocation or Discontinuance. A
Horse Grazing Permit may be revoked by the
Zoning Administrator if he determines that
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Ord. 16 1976 page ~
the provisions of this section or the lim-
itations prescribed as a condition of the
permit are being violated or if the animals
are not being properly cared for as deter-
mined by the State Humane Society guide-~
lines. A permit shall became void if not
used within one month from the date of
issuance, or if the use for which it was
issued is discontinued for a continuous
period of three months.
17.606, Appeal. Appeal of any action of
the Zoning Administrator in connection with
issuance or denial of a Horse Grazing Permit
or the conditions attached thereto may be
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filed with the Town Council by any resi-
dent or property owner within 30 days fol-
lowing such action. In event of appeal,
the Council, after receiving a report from
the Zoning Administrator, may confirm,
reverse, or modify the action of the zoning
Administrator. A hearing shall not be
required, failure of the Council to act
within 30 days of the filing of an appeal
shall be deemed concurrence in the action
of the Zoning Administrator.
(2) Tf any part or provision of this ordinance is
adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation and direction to
the part, provision, section, or application directly involved
and shall not impair the integrity or validity of the remainder
of this ordinance.
(3) The Town Council declares that this ordinance
is necessary for the protection of the public health, saf ety,
and welfare, and it shall become effective in accordance with
the Charter of the Town.
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Ord. 16 1976
Page 6
INTRODUCED, READ, APPROVED ON k'ZRST READING, and
ordered published once in full this 15th day o~ June, 1976.
A public hearing on this ordinance shall be held on the 6th
day of July, 1976, in the Municipal Building, Vail, Colorado,
at 7:30 P.M.
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Tnwn Clerk
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Ord. 16, 1976
INTRODiJCED, READ, ADOPTED, AND ORDERED PUBLISHED
BY TITLE ONLY f.his 6th day o~ July, 1976.
ATTEST:, '
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r~Own' Clerk
TOWN OF VA~L
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NOTICE OF PUBLIC HEARING
NOTICE TS HEREBY GIVEN of a public hearing, to
be held before the Town Council of the Town of Vail, Colorado,
at 7:30 P.M. on the 6th day of July, 1976, in the Council
Chamber, Municipal Building, Vail, for the purpose of consi-
dering the adoption of an ordinance of the Town of Vail,
Colorado, adopting by reference the National Electric Code,
1975 Edition, promulgated by the National Fire Protection
Association; providing penalties for violations of the pro-
visions of said Code and ordinance; setting forth amendments
to the published Code; providing for the repeal of certain
ordinances; providing far the maintenance of official copies
of such Code; providing for the sale of such copies of such
Code; and providing for the effective date of the ordinance
and Code adapted therein by reference.
The purpose of the National Electric Code, promulgated
~''~ by the National Fire Protection Association, 60 Batterymarch
Street, Boston, Massachusetts 02110, is to provide rules and
regulations for materials, installation methods, and other
matters pertaining to electricity,
Copies of the National Electric Code, 1975 Edition,
being considered far adoption by reference are on file in the
office of the Town Clerk and are available for public inspection.
This Notice given and published by order of the Town
Council of the Tawn of Vail, Colorado.
'~y t~ ~,~~~''~~,, DATED: This 15th day of June, 1976, Town of Vail,
Colorado. ~';
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/s/ Rosalie Jeffrey
Town Clerk
To be published in The Vail Trail on June 18 and 25, 3.976.
Please return a Proof of Publication.
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN of a public hearing, to
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be held before the Town Council of the Town of Vaal, Colorado,
z at 7:30 F.M. on the 6th day of July, x.976, in the Council
Chamber, Municipal Building, Vail, for the purpose of consi-
dering the adoption of an ordinance of the Town of Vail,
Colorado, adopting by reference the National Electric Code,
1975 Edition, promulgated by the National Fire Protection
Association; providing penalties for violations of the pro-
visions of said Code and ordinance; setting forth amendments
to the published Code; providing for the repeal of certain
ordinances; providing for the maintenance of official copies
of such Cade; prov~.ding for the sale of such copies of such
Code; and providing for the effective date of the ordinance
and Code adopted therein by reference.
~,. The purpose of the National Electric Code, promulgated
~~ by the National Fire Protection Association, 60 Batterymarch
Street, Boston, Massachusetts 02110, is to provide rules and
regulations for materials, installation methods, and other
matters pertaining to electricity.
Copies of the National Electric Code, 1975 Edition,
being considered for adoption by ref erence are on file in the
office of the Town Clerk and are available for public inspection.
This Notice given and published by order of the Town
Council of the Town of Vail, Colorado.
''~ ~/~.~''>> DATED: This 15th day of June, 1976, Town of Vail,
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Colorado,. '';
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/s/ Rosalie Jeffrey
Town Clerk
To be published in The Vail Trail on June 18 and 25, 1976.
Please return a Proof of Publication.