In the Town of North Salem, New York (in northern Westchester County) riding academies, boarding stables and breeding farms are permitted by special use permit from the Zoning Board of Appeals in the residential (R-2 and R-4) zoning districts.
Pursuant to Section 250-72 of the Town of North Salem Zoning Code, riding academies, boarding stables and breeding farms and “the keeping of horses” on a residential lot are subject to the following “supplementary” requirements:
A. One stable stall shall be provided for each horse housed on the site unless it is demonstrated that a stable stall is not appropriate for the horse, and there shall be no stabling of animals or storage or use of manure or other dust-producing substances within a distance of 150 feet of any lot line in an R-4 District; the distance shall be reduced to 75 feet in an R-2 District and to 50 feet in an R-1 District. If outdoor lighting is provided for riding areas, the applicable yard shall be doubled. All lighting shall be located so as not to be visible at its source from any adjoining property. Screening shall be required between such use and any other uses. For good cause shown, the Board of Appeals may reduce the setback requirements to no less than the minimum required setback of the principal use.
B. Public events, demonstrations, horse shows, rodeos and competitive events held in connection with horse farms, riding academies or stables shall be considered principal uses for purposes of lot area and setback and must conform to the dimensional requirements set forth in the Town’s Bulk Table.
C. The use of outdoor public-address systems may be permitted for horse farms, academies or stables, provided that no more sounds shall carry beyond the limits of the site than would be inherent in the ordinary residential use of the property.
D. Fences or walls of a minimum height of four feet shall be required in appropriate locations.
E. As a general rule, no more than one horse per acre may be permitted on a site.
F. The special permit or conditional use approval shall provide for a plan of manure removal and a plan for rodent and fly control; failure to adhere to such plans shall constitute a violation of this chapter.
G. Concrete platforms or containers or similar device shall be required to hold manure stored on the site to prevent its seepage into the ground.
Section 250-72 (H) enumerates the following six (6) requirements for attached or detached employee quarters often found on a horse farm:
(1) No more than one employee dwelling unit per five stable stalls and per four acres of lot area in excess of the first 10 acres shall be permitted. No more than a total of five employee dwelling units shall be permitted. The maximum floor area of any one employee quarters shall not exceed 500 square feet, unless in the opinion of the Board of Appeals a greater or lesser amount of floor area is warranted by specific circumstances.
(2) Two off-street parking spaces shall be provided for each employee dwelling unit.
(3) The setbacks and yards of the principal use shall apply to this subsection.
(4) Employee quarters shall be located in existing structures wherever feasible but not occupy more than 50% of the ground floor area of the structure. There shall be no change in the general character and appearance of the structure in which the employee quarters is located.
(5) Smoke detectors shall be provided in each bedroom.
(6) There shall be no more than three employee dwelling units in a structure.
For more information about equestrian, land use or zoning issues, please contact an experienced attorney at (914)338-8050. For more information about the firm please visit www.betenskylaw.com.