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Thursday, February 28, 2013

05/18/2010: Memorandum: Montgomery County Zoning Ordinances

Archived from 05/18/2010:  Memorandum: Montgomery County Zoning Ordinances
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Maryland Equine Census for Montgomery County

According to the 2010 Maryland Equine Census, there were 79,100 horses, ponies, mules, donkeys and burros in the state of Maryland on May 1, 2010, down 9 percent from the 87,100 on hand in 2002. Light Horse Breeds accounted for 50 percent of the total followed by Race Horse Breeds with 37 percent of the total. Ponies accounted for 7 percent of the total and Draft Horse Breeds and Donkeys, Mules and Burros each accounted for 3 percent of the total. The two largest equine counties in terms of inventory were Baltimore and Montgomery at 8,950 and 7,900 head, respectively.

The value of the equine inventory on May 1, 2010 was $714 million, up 5 percent from 2002. There were a total of 16,040 equine places throughout Maryland, down 21 percent from 2002. This includes boarding facilities, commercial and private breeding places, farms, commercial race related places as well as private residences where equine are being kept for recreational purposes. These equine operations accounted for a total of 587,000 acres of which 188,000 acres were devoted to equine.

The value of all equine related assets totaled $5.6 billion including the value of the inventory, up 8 percent from 2002. The value of land, fencing and buildings made up 74 percent of the total assets and the value of inventory accounted for 13 percent of the total assets. Total equine related expenditures spent in Maryland in calendar year 2009 amounted to just under $513 million of which 71 percent were operating expenditures and 29 percent were capital expenditures. Total equine expenditures are down 33 percent from 2002.

For Montgomery County ...

Total Equine Inventory: 7,900

Total Equine Inventory Owned: 5,910

Total Equine Inventory Boarded for Others: 1,990

Total Value of Equine Inventory: $52,650,000

Number of Equine Places: 1,490

Total Equine Related Acres: 15,100

Total Number of People Involved: 3,290

Total Assets (not including equine inventory value): $509,698,000

Total Capital Expenditures: $22,875,000

Zoning & Horses in Montgomery County

(1) “Agriculture” defined as the business, science and art of cultivating and managing soil, crops, and livestock; breeding, raising, or managing livestock, including horses and equestrian events and activities.

(2) “Equestrian activity” is the care, breeding, boarding, rental, riding or training of horses or the teaching of equestrian skills.

(3) “Equestrian event” is a competition, exhibition, or other display of equestrian skills.

(4) “Equestrian event, informal” is defined as a competitive or non-competitive event that involves between 26 and 50 participants and spectators, per day.

(5) “Equestrian event, major” is defined as a competitive or non-competitive event that involves between 151 and 300 participants and spectators, per day.

(6) “Equestrian event, minor” is defined as a competitive or non-competitive event that involves between 51 and 150 participants or spectators, per day.

(7) “Equestrian Facility” is any building, structure, or land area that is used primarily for an equestrian activity or event. Permitted with some special exceptional use in R, RC, LDRC, RDT, RS, RNC, and RNC/TDR zones. Not permitted in certain cluster and rural open space areas in the RNC and RNC/TDR zones. Facilities established before April 5, 2004 are grandfathered, except must comply with nutrient management, water quality and soil conservation standards. In the RNC and RNC/TDR zones, a resident of a lot or parcel at least 2 acres in size may raise ride, and board horses for personal use. One horse is permitted for every 1 gross acre of the lot or parcel, up to a maximum of 5 horses. Any building or manure storage area must be located at least 100 feet from any existing dwelling on an adjacent tract of land.

A Special Exception may be filed with Board of Appeals to deviate from permitted use standard regarding (1) number of participants/spectators, (2) number of events held each year, (3) event acreage, (4) hours of operation, and (5) road classification requirement; may be renewable.

(8) In the residential zones, Equestrian Facilities are permitted as a Special Exeception use in the RE-2, RE-2C, R-200, R-150, and R-90 zones.

Any riding stable established by Special Exception in the R-90 zone before May 6, 2002 is a conforming use and may be modified, repaired, reconstructed, or enlarged at a maximum of 5% of the total floor area in accordance with the Special Exception standards in effect before May 6, 2002. Any riding stable, including buildings, show rings, paddocks, activities and events established by Special Exception in the RE-1, RE-2, RE-2C, R-150, R-200, or RMH-200 zones before April 5, 2004 is a conforming use and may be modified, reconstructed, or enlarged in accordance with the Special Exception standards in effect after April 5, 2004 except that any riding stable existing in the RE-1, RE-2, RE-2C, R-150, R-200, or RHM-200 zones before April 5, 2004 must be in compliance with the nutrient management, water quality, and soil conservation standards of 59-G-2.49(f) no later than March 2, 2005.

(9) “Paddock” is a fenced area, internal to an equestrian facility, where horses are exercised or pastured. Paddock fencing is not perimeter fencing of an equestrian facility.

(10) Standards permitted for Equestrian Facility

a. Equestrian Events:

i. Events with fewer than 25 participants/spectators may take place on site of 18 acres

ii. Informal event may take place on the weekend and holidays at any time on at least 18 acres; but cannot take place more than 6 weekdays in any calendar month.

iii. No more than 7 minor equestrian events each year on a site of 25 acres

iv. No more than 3 major equestrian events in one calendar year on a site of at least 75 acres with direct access to a roadway with an arterial or higher classification. Cannot take place for more than 3 consecutive days. Permits required, fee may be required.

v. Maximum of 10 major and minor events each year at any equestrian facility

vi. Event cannot be held on a site that does not have minimum acreage required.

b. Minimum number of gross acres per horse:

i. Two acres for 1-2 horses;

ii. One acre per horse for 3-10 horses;

iii. For more than 10 horses, an additional one-half acre per horse.

c. Plan approvals and compliance: If more than 10 horses kept or boarded, facility must meet all nutrient management, water qualify and soil conservation standards of County and State. All of the above applies to facilities in agriculture zones (R, RC, LDRC, RDT, TS, RNC, and RNC/TDR).

d. For residential zones, ANY facility on less than 5 acres must establish sufficient open pasture for care of horses and maintenance of facility through a pasture maintenance plan, feeding plan, and other documentation the Board requires.

e. Setbacks: Each building, show ring, paddock, outdoor area, and manure storage area must be located at least 100’ from existing dwelling on an adjacent tract of land.

f. Noise levels and Lighting: must comply with requirements of Code; cannot be major intrusion on nearby properties.

g. Hours of Operation for Event: 6 a.m. – 9 p.m. Sunday through Thursday and from 6 a.m. – 10 p.m. Friday and Saturday.

h. Equestrian facilities in a residential zone must comply with all standards as established by the Zoning Board.
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