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(a) Equestrian events:
(1) Any equestrian event that does not involve more than 25 participants and spectators may take place on any site that has at least 18 acres.
(2) An informal equestrian event may take place on Saturdays, Sundays and Holidays at any time on any site that has at least 18 acres. An informal equestrian event may take place no more than 6 weekdays in any calendar month on at least 18 acres.
(3) No more than 7 minor equestrian events may take place each year on any site that has at least 25 acres.
(4) No more than 3 major equestrian events may take place each year on any site that has at least 75 acres and that has direct access to a roadway with an arterial or higher classification. A permit must be obtained from the Department of Permitting Services for each major event. Each major event must not take place for more than 3 consecutive days. The applicant must specify the nature of the event, the anticipated attendance of spectators and participants, the number of days the event will take place, the hours during which the event will take place, the area to be used for parking, any traffic control measures intended to be put in place, and any other information determined by the Department of Permitting Services to be relevant to the issuance of the permit. A fee for issuance of the permit may be set by the Department.
(5) A maximum of 10 major and minor equestrian events may take place each year at any equestrian facility.
(6) An equestrian event must not be held on a site that does not have the minimum acreage specified in this subsection.
(b) Minimum number of gross acres per horse:
(1) For 1-2 horses, 2 acres;
(2) For 3-10 horses, one acre per horse;
(3) For more than 10 horses, an additional one-half acre per horse.
(c) Plan Approvals and Compliance.
Any equestrian facility that keeps or boards more than 10 horses must meet all nutrient management, water quality and soil conservation standards of the County and State. A nutrient management plan prepared by a qualified professional and a soil conservation and water quality plan prepared by the Montgomery Soil Conservation District Board must be submitted through a letter of certification by the landowner to the Department of Permitting Services, or other relevant agency. Enforcement of the nutrient management, water quality, and soil conservation plans is the responsibility of the State of Maryland. The land owner must obtain all plans within one year after commencement of operations. Any equestrian facility existing before April 5, 2004 must comply with the requirements of this subsection no later than March 2, 2005.
(d) Setbacks.
Each building, show ring, paddock, outdoor area, and manure storage area must be located at least 100 feet from any existing dwelling on an adjacent tract of land.
(e) Noise Levels.
Amplified sound must meet all requirements of Chapter 31B.
(f) Lighting.
Any outdoor arena lighting must direct light downward using full cutoff fixtures, not produce any glare or direct light onto nearby properties, and not be illuminated after 10 p.m., except for an equestrian event which must not be illuminated after 9 p.m. Sunday through Thursday. A lighting plan that establishes compliance with this provision must be submitted to Planning Board staff for approval before an electrical permit may be issued.
(g) Hours an equestrian event may operate.
An equestrian event may operate only from 6 a.m. to 9 p.m. Sunday through Thursday and from 6 a.m. to 10 p.m. Friday and Saturday.
(h) An equestrian facility special exception may be filed with the Board of Appeals to deviate from any permitted use standard regarding: (1) number of participants and spectators, (2) number of events each year, (3) event acreage, (4) hours of operation, and (5) a road classification requirement. An equestrian facility special exception must be renewed every five years at which time the Board must evaluate the effectiveness of the terms and conditions of the original special exception grant.
(Legislative History: Ord. No. 10-69, § 5; Ord. No. 10-85, §§ 3--5; Ord. No. 11-14, § 7; Ord. No. 11-29, § 6; Ord. No. 11-34, § 3; Ord. No. 11-41, § 10; Ord. No. 11-58, § 1; Ord. No. 11-61, § 4; Ord. No. 11-67, § 8; Ord. No. 11-69, § 2; Ord. No. 11-70, § 3; Ord. No. 11-72, § 9; Ord. No. 11-73, § 10; Ord. No. 11-85, § 1; Ord. No. 12-1, § 1; Ord. No. 12-4, § 3; Ord. No. 12-20, § 1; Ord. No. 12-61, § 3; Ord. No. 12-72, §1; Ord. No. 12-75, § 9; Ord. No. 12-79, § 3; Ord. No. 13-2, § 1; Ord. No. 13-6, § 1; Ord. No. 13-13, § 1; Ord. No. 13-21, § 9; Ord. No. 13-27, § 5; Ord. No. 13-31, § 4; Ord. No. 13-35, § 1; Ord. No. 13-47, § 9; Ord. No. 13-76, §1; Ord. No. 13-85, §2; Ord. No. 13-94, §1; Ord. No. 13-107, § 2; Ord. No. 13-110, § 3; Ord. No. 13-112, § 1; Ord. No. 14-25, § 2; Ord. No. 14-36, § 1; Ord. No. 14-39, § 2; Ord. No. 14-41, § 1; Ord. No. 14-47, § 1; Ord. No. 14-49, § 1; Ord. No. 15-08, § 1; Ord. No. 15-21, § 4; Ord. No. 15-31, § 1; Ord. No. 15-28, § 4; Ord. No. 15-38, § 2; Ord. No. 15-46, § 2; Ord. No. 15-54, § 9; Ord. No. 15-73, § 1; Ord. No. 15-74, § 4; Ord. No. 16-06, § 3; Ord. No. 16-08, § 1; Ord. No. 16-17, § 1; Ord. No. 16-38, § 1; Ord. No. 16-59, § 5; Ord. No. 17-02, § 1; Ord. No. 17-03, § 1; Ord. No. 17-16, § 2; Ord. No. 17-28, § 4.)
Sections 3—5 of Ord. No. 10-85 amended §§ 59-C-9.1, 59-C-10.1, 59-C-11.1, without taking into account the reorganization of divs. 59-C-9—59-C-11 by Ord. No. 10-69. The substantive provisions of §§ 59-C-9.1, 59-C- 10.1, 59-C-11.1 are now given in this § 59-C-9.3. The editor has, therefore, included provisions relative to family burial sites enacted by Ord. No. 10-85, §§ 3—5, in subsection (h) of this section.
See County Attorney Opinion dated 10/28/97 indicating that a family burial site is not an accessory use to an agricultural use, but may be nonconforming in some instances. See County Attorney Opinion dated 10/2/90 explaining that, without a main dwelling or a transferable development right to support it, no farm-tenant house may be constructed.