Hometown zoning

[kubotaman68]

permit is the problem its zoned for ag the farm has not had animals or activities since 96 . The dilemma is also neighbors have tried to buy and are on the board . See the irony ? /forums/images/graemlins/confused.gif /forums/images/graemlins/grin.gif

 

[B8FISH]

well, I know all zoning laws are different--but in ours, a stable or riding academy is a use in the AG district--does require a special use permit, but can be done.
I would make sure that you read all of the CURRENT zoning code--for both special uses permitted, as well normal permitted uses.

 

[daTeacha]

Land use is a hotbutton issue in many areas. Trying to protect farmland and rural areas from becoming cities while not stifling development is a tough needle to thread.

I am not a lawyer, nor am I familiar with the laws up in your area. However, I was involved in a farmland preservation campaign around here and know a little about what's going on.

You might want to contact American Farmland Trust, if I remembered the name correctly. If you can show that the land in question has historically been in agriculture and especially if it has been in the same family for several generations, your desire to modify the type of agricultural use to suit a different market might be something they would help you out with. It sounds like it has been lying fallow since '96, so what you want to do is resurrect an older farm and bring it back into farm use.

Basically, AFT works to purchase the development rights to a piece of ground and to assure that it stays in agriculture for all time.

If your equine establishment can be viewed as a horse farm, especially if you raise a lot of your own feed and stock, that will help. Just setting up a bridle path network without growing some crops or raising some critters may not be agricultural enough. It's more of a yuppy thing than a farm thing. Make it as farmy as you can.

Be aware, though, that selling your development rights will limit your choices as to how the land gets used, even to the extent of preventing you from building houses for your kids on a piece of it. Investigate thoroughly before you commit to anything.

Also, check into the township zoning regulations and whether or not they have the strength of law in your area. Most people want zoning to protect their ideas about how things should be from being ruined by the way their neighbors want things to be. Then when they find out that they have limited their own options they apply for exemptions or variances. If you can show that your equine adventure will be good for the community (perhaps by bringing in dollars from outside the area and stimulating the local economy) you might find some friends on the zoning board.

Good luck.

 

[kubotaman68]

we had an oportunity to sell to the land trust but have not just for the reasons you listed. the problem is in fact it was designed as a high end equestrian experience and not a farm with some logging trails thru it you could take a horse on. We are intending on putting in cabins in the wild with boarding facilities behind for a total outdoor experience . the local economy would definitely benefit from it but there are only a few accepted TOURIST enterprises in the area. Owned coincidentally by a few of the same people who are dragging their feet for this venture.

 

[riptides]

dateacha has some sound advice.

Our county in the commonwealth of VA offers many alternatives to protect not only farm land, but open land and lands of historic value. One can attempt to place land into an "open space" agreement, protect it via conservation "easements", protect it via "special land use" agreements, and get this -------> protect it via a "Purchase of Development Rights Program".

Check with your counties planning commission, in effect overstepping your towns zoning board.

-Mike Z. /forums/images/graemlins/grin.gif

 

[kubotaman68]

thanks for all your input I just had to vent abit on this deal, we have all the pieces in place equipment secured buildings and plans made , and its so frustrating to have small minds with big egos telling us what we can and can't do . but I now at least have some good suggestions and courses of action to try and get past the obstacles. When its done I will post some pix its gonna be the mother of all fun spots

 

[JoeR]

I feel your pain... I live on 12 acres and I am quickly being surrounded by large homes on 1 acre lots. Now one acre sells for 140K!!! I have idiots that drive golf balls into my pastures. Some of them think it is a public park, and have asked me if their kids can play ball and frisbee in my fenced pastures. Not to mention I had to get a guard donkey to keep their stupid dogs from chasing my horses.

Sadly, most people in my area who are on the Board of Commissioners and the Zoning board and real estate people. They have no regard for agriculture, and they are in it for power and money. They always know where to buy land... And yes, they have asked to purchase my land too. Luckily, I am sorrounded on two sides by large agri-business that won't sell too quickly to developers.

On another note, I was reading a story about a Farmer in PA or Up-state NY. I can't remember which... Anyway, numerous people from the City were buying homes in the rural areas as weekend getaways. One NYC resident got tired of hearing the Farmer's tractor and the smell from his dairy cows. So, they filed a lawsuit against the farmer!!!!! Luckily, the state stepped in and had to pass a law to protect agriculture! Amazing!!!

Joe

 

[kubotaman68]

we have right to farm laws up here too but this is a hybrid farm enterprise and can be construed differently by others . I could put 50 milk cows on there tommorrow if I wanted too and nobody could do anything but I need permits to clear the trails and to put in the cabins etc etc and they are saying I will need a traffic impact study for the increase blah blah blah. I Stopped farming on my own place on the canadien border in 1999 130 cows 2x 3 am 3pm milking 365 days a year was alot for 1 man so i figured i would get out while the getting was good. I didn't own the real estate so i sold out. This is as much farming as I am interested in doing .

 

[GregMVT]

Hi,
You might want to try looking up your town's zoning laws online. I am looking into building a small chicken coop. I have 13 acres in the Village of Poultney, VT and I was able to find thier zoning laws online before I called the town manager about a permit. What I found out was I had to have a least 2 acres, it's zoned residential, and the coop had to be 100 feet from the property line. The town manager didn't sound to happy but not much he could do. He did tell me that if I went through the state, had to sell eggs/meat, that I wouldn't even need a permit for the size building I am thinking about.

Greg

 

[MadReferee]

Yes, you might have a problem. There have been several instances in the southern part of NH where large land owners and former farmers have wanted to open up their land for use by 4 wheelers and snow machine users on both a pay and free basis. Most of the towns involved have ruled that this type of enterprise was a business that needed a variance and all the associated permitting and BS that goes with it. The owners have fought and lost. Some have tried to use a little known state law specifically for opening trails. However, the state has told the towns that they can regulate such uses.

Now, from your posts you want to do something similar only with horses. This would be classified as a non-conforming use for agriculture land and the town would have every right to make you get a variance, permits, studies, etc.

My suggestion is that you get a good local attorney who is familiar with town zoning issues and have at it. However, I wouldn't hold my breath if you are wanting to do what you want when you want. It's not always "Live Free or Die".