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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, . ~ * ~ ~ Ord. ~~ 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 c 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 _ ! ~ R ~ ~ i~ l t 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. ~~,. l ,~ c c1 • ~ • 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 t• ;"~ ~ ~ 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 Y ~. 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. ~. 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. ~~ ATT~STt .l r Tnwn Clerk ~ ~ r-, / - ~` i ~ a o`r c Ord. 16, 1976 INTRODiJCED, READ, ADOPTED, AND ORDERED PUBLISHED BY TITLE ONLY f.his 6th day o~ July, 1976. ATTEST:, ' i i . r~Own' Clerk TOWN OF VA~L -, r i -~ / ayar ~: c 1 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. ~'; ~ + y ~ l ~ , ~~ /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. r ~ , - ~~ .` • ~ `' NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN of a public hearing, to f • 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, <" Colorado,. ''; ti '. ~ ~. t . /s/ Rosalie Jeffrey Town Clerk To be published in The Vail Trail on June 18 and 25, 1976. Please return a Proof of Publication.