Horse facility regulations under review

By JoAn Bjarko
North Forty News

Larimer County has launched a nearly yearlong study of regulations for horse business facilities in hopes of resolving some of the conflicts among neighbors over entrepreneurial equine endeavors and zoning code enforcement.

Linda Hoffmann, director of the Rural Land Use Center and the study's leader, said she is optimistic following two recent public meetings. "I believe there is a way to improve our existing regulations," she said.

Hoffmann said she has heard that current regulations are both too stringent and too lax. Overall, she said, the county wants "to be fair and consistent with horse businesses and with neighbors."

"The county commissioners want to solve the compatibility issue for the long term," she said, but she added that the commissioners could decide to make no changes and simply enforce the current regulations.

Horse facilities regulated by the zoning code include boarding stables, riding academies and riding stables. The current effort to review horse facility regulations does not affect breeding farms or individual horse ownership, unless, as one person pointed out, the county commissioners decide to change the numbers that turn a personal facility into a business.

About 200 people, mostly horse owners, turned out for meetings in February to get the discussion underway. Some said they believed the county is picking on horse businesses, and others said it's a good idea to find better ways to resolve disputes that arise between the owners of some horse facilities and their neighbors.

Larimer County does not strictly enforce its zoning code at this time, but rather responds to complaints from citizens. Complaints typically mention dust, odor, noise, water quality, weeds and traffic.

Late last year, the three elected county commissioners directed Hoffmann and other staff members to take on this new study. This follows two failed attempts in the last decade to rewrite the zoning code for all livestock. The two new commissioners who took office in January had their opportunity to weigh in on the horse business facilities issue at a February work session.

The current process has this stated goal: "Achieve enduring land use compatibility that supports both a healthy equine industry and the property rights of all Larimer County citizens."

The next step is for the commissioners to form a working group comprised of people with various equine interests, including those who live next to horse facilities.

Hoffmann expects the county commissioners will appoint the working group this month. A second set of public meetings on the group's findings could be held by the end of June. As the process continues, there will be two additional sets of public meetings. If the county commissioners then decide zoning code changes are in order, the schedule calls for holding formal public hearings by the end of the year.

The recent public meetings used an informal format with people expressing their thoughts and concerns. A continuing theme centered on making the regulations objective and quantifiable rather than subjective. People also said the county process for getting approval for a horse business is too expensive and too time-consuming, which causes start-up businesses to break the rules. Based on preliminary data, it appears there may be more than 70 horse business facilities operating in the county without proper permits.

The county has received 25 complaints, some of them unfounded, about horse facilities over the past three years, Hoffmann said. To that, several commented that an average of eight complaints a year hardly warrants a "knee-jerk reaction" to revise the zoning code.

Hoffmann responded that the county commissioners think the equine industry will grow in Larimer County. "The commissioners want to start the study when there are only eight complaints a year," she said. "They are concerned it will escalate."

As a solution, one man suggested that experienced horse facility owners could volunteer their time to arbitrate disputes and help less-experienced operators.

Several horse owners said they feared new regulations would force out horse facilities, similar to what happened in Boulder County. "If you over-regulate, you will drive us out of business," one woman said.

The audience also wanted to know what businesses were grandfathered as nonconforming uses because they were established prior to zoning regulations. County regulations for a riding stable were adopted July 22, 1981. County regulations requiring special review approval for a boarding stable or riding academy were adopted Feb. 16, 1988. If a nonconforming use is discontinued for more than 12 consecutive months, the use may not be reestablished without county approval.

Background about the study and updates on its progress will be posted on the county's web site at www.larimer.org/horses. Hoffmann will also take questions and comments at lhoffmann@larimer.org or 498-7681.