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The following provisions apply to an equestrian facility in any residential zone where a special exception is required:
(a) Minimum number of gross acres per horse:
(1) For 1-2 horses, 2 acres;
(2) For 3-10 horses, one acre per horse;
(2)* For more than 10 horses, an additional one-half acre per horse.
*Editor's note—Ord. No. 15-21, which added the text of paragraph (a), contained two subparagraphs numbered "(2)".
A 5-acre riding stable accommodating more than 10 horses for which a petition was filed with the board prior to March 25, 1986, is a conforming use and may be amended in accordance with the modification provisions of section 59-G-1.3(c).
(b) Each building, show ring, paddock, outdoor arena, and manure storage area must be located at least 100 feet from any existing dwelling on an adjacent tract of land.
(c) In order to prevent adverse impact on adjoining uses, the board may limit or regulate:
(1) The number of horses that may be kept or boarded.
(2) The number of horses that may be rented out for recreational riding or instruction.
(3) The number and type of equestrian events that may be held in a one-year period.
(4) The hours of operation of any equestrian activity or event.
(d) Any equestrian facility on less than 5 acres must establish through a pasture maintenance plan, feeding plan and any other document the Board requires, that the property contains sufficient open pasture to ensure proper care of the horses and proper maintenance of the property.
(e) All animal waste must be handled in accordance with state requirements for nutrient management.
(f) 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.
(g) 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. The Board may require that a lighting plan be submitted to Planning Board staff for approval.
(Legislative History: Ord. No. 9-55, § 3; Ord. No. 10-69, § 9; Ord. No. 13-107, § 3; Ord. No. 14-47, § 1; Ord. No. 15-21, § 6.)
Editor’s note-Section 59-G-2.49 [formerly §104-29] is quoted in part in Creative Country Day School of Sandy Spring, Inc. v. Montgomery County Board of Appeals, 242 Md. 552, 219 A.2d 789 (1966).
Cross reference-Riding facilities, § 5-67 et seq.