A. Purpose: The purpose of the Premier Equestrian Estate District is to provide for "equestrian uses" as defined by this title and single-family homes, all as specified and limited herein.
B. Minimum District Size: No tract or contiguous parcels of land and lots shall be zoned Premier Equestrian Estate District unless the tract or contiguous parcels comprise sixty (60) acres or more at the time of rezoning. Thereafter, additional contiguous parcels of land and lots may be added to such district. Parcels of land and lots in said district may be sold, provided the property as a whole is developed and used pursuant to the provisions of this section.
C. Uses Permitted: The permitted and accessory uses which may be established in the Premier Equestrian Estate District are those permitted in the R-1 District, as provided in section
10-6-1 of this chapter, together with the "equestrian uses", as defined in section
10-2-1 of this title, and equestrian centers, as defined in this section, together with the additional uses and subject to the additional restrictions hereinafter set forth:
1. Within a Premier Equestrian Estate District, not less than forty five (45) acres of contiguous property shall be developed for single-family detached residences on lots or parcels having an area of not less than five (5) acres provided, however, there shall be permitted one (1) residential lot or parcel having an area of less than five (5) acres but not less than four and one- half (4.5) acres. In addition to the residential uses permitted in the R-1 District (and accessory uses permitted in connection therewith) each residential lot or parcel may be used for the "equestrian uses" defined in section
10-2-1 of this title subject to the limitations hereinafter set forth.
2. One (1) or more additional lot(s) or parcel(s) may be added to a Premier Equestrian Estate District and lot(s) or parcel(s) originally located within a Premier Equestrian Estate District or subsequently added thereto may be combined with other lots or parcels within said district to comprise or enlarge an equestrian center (as hereinafter provided) provided that the lots or parcels intended for development with single-family detached residences continue to meet the minimum area requirements set forth in subsection C1 of this section.
3. With respect to those lots or parcels located within a Premier Equestrian Estate District which are developed, or are to be developed, for single-family detached residences, the following additional permissible uses and restrictions shall apply:
a. The restriction on the number of horses permissible by virtue of subsections 10-4-4B and E of this title shall not apply. In lieu thereof, up to four (4) horses may be permitted for the single four and one-half (4.5) acre lot provided for in subsection C1 of this section. For each single-family detached residential lot or parcel containing five (5) acres or more, there shall be permitted a number of horses equal to eight-tenths (0.8) horses per acre or part thereof, rounded to the next higher number.
b. Notwithstanding the foregoing, should any owner assemble and thereafter continue to maintain lots or parcels as a single homesite which, in the aggregate, constitute fifteen (15) or more acres, the restrictions as to horses contained in subsections 10-4-4B and E of this title shall not apply. In lieu thereof, there shall be permitted a number of horses equal to 1.2 horses per acre or part thereof, rounded to the next higher number.
c. The restrictions contained in subsections 10-4-4C and D of this title shall apply to all lots or parcels developed, or intended for development, as single-family detached residences with the exception that the age limitation contained therein, restricting ownership of such animals to children less than eighteen (18) years of age, shall not apply.
d. Subject to the restrictions and provisions as to the number of horses provided by this section, owners of lots or parcels improved, or to be improved, with single-family detached dwelling units may board, groom and train horses not belonging to said owners and such activities shall not constitute a home occupation within the meaning of section
10-4-1 of this title and no compliance with the requirements of that chapter or any other similar regulation shall be required.
e. All bulk regulations, setbacks, and regulations related to accessory structures and uses shall be those applicable to the development of lots or parcels in the R-1 district except:
(1) There shall be permitted as an accessory structure, or as a part of an accessory structure, a separate residential housing accommodation not to exceed one thousand five hundred (1,500) square feet of living space suitable for occupancy by not more than two (2) adult persons (and any of their minor children) who are employed by the owner(s) of the principal residence in the capacity of housekeeper, caretaker, au pair, groomsman or in similar domestic capacities.
(2) Without regard to the restrictions contained in section
10-5-1 of this title, recreational vehicles, trailers, boats, horse trailers and similar accessory vehicles may be parked and stored anywhere on a lot or parcel except that all such uses or structures may not be located in a required minimum front yard of fifty feet (50') and further provided that they shall be screened from the view of any public right of way or adjacent lot or parcel.
(3) Notwithstanding the restrictions contained in section
10-9-4 of this title, accessory buildings, structures, accessory vehicle storage structures and other accessory uses and structures shall not be confined to the rear one-third (
1/3) of a residential lot or parcel but may be located anywhere on the lot or parcel except that all such uses or structures may not be located in a required minimum front yard of fifty feet (50'). f. Signage identifying a development within the premier equestrian estate district shall be approved as part of the site plan approval process. The site plan shall identify the location of all such signs, the dimensions of such signs, the materials to be used in the construction of such signs and any ground or back lighting proposed for such signs.
g. Signage identifying a particular single-family residence including the address of the resident, including the internal lighting or ground lighting of such signage, shall be exempt pursuant to subsection 10-10-8A of this title.
h. The square footage of ground surface area to be covered with buildings, structures and other impervious surfaces shall not exceed ten percent (10%) of the square footage of the lots or parcels which are developed, or are to be developed, for single-family detached residences.
4. Within a premier equestrian estate district, there shall be permitted an equestrian center. An equestrian center may be located upon a single lot or parcel or any combination of contiguous lots or parcels comprising an area of not less than fifteen (15) acres. The development of the equestrian center shall be in substantial conformance with an approved site plan which shall be appended to any ordinance and map amendment zoning any area to a premier equestrian estate district or approving any area within a premier equestrian estate district for the equestrian center. The site plan shall depict the location, size and materials to be used in the construction of all buildings and other structures to be located upon the lots or parcels comprising the equestrian center. The following additional permissible uses and restrictions shall apply to equestrian centers:
a. The equestrian center may include a residence but no primary single-family detached residential structure shall be required.
b. Permissible equestrian uses at an equestrian center shall be deemed to include horse clinics and demonstrations related to horses provided that parking for any clinic, demonstration or other event shall be limited to the area devoted to the equestrian center.
c. The equestrian center may contain such structures as may be necessary or convenient to the operation of an equestrian facility utilized for the "equestrian uses" defined in section
10-2-1 of this title. Nonresidential structures intended for equestrian uses may be built to standards applicable to agricultural buildings.
d. Within an equestrian center, the restrictions contained in subsections 10-4-4B and E of this title shall not apply. The maximum permissible number of horses to be located within or upon the equestrian center shall be a number resulting from multiplying the total number of acres contained within any single premier equestrian estate district by a factor of 1.5. Further, there shall be no restriction on where, within the lots or parcels comprising the equestrian center, such horses may graze or be housed.
e. Within an equestrian center, there shall be permitted an accessory residential building not exceeding three thousand five hundred (3,500) square feet of floor area intended for occupancy by groomsmen and caretakers provided that such housing structure may not contain more than eight (8) bedrooms.
f. Without regard to the restrictions contained in section
10-5-1 or
10-9-4 of this title, accessory buildings, structures, accessory vehicle storage structures, recreational vehicles, trailers, boats, horse trailers and similar accessory vehicles may be parked and stored anywhere within the lots or parcels comprising an equestrian center except that all such uses or structures may not be located in a required minimum front yard of thirty feet (30') and further provided that they shall be screened from the view of any public right of way or adjacent lot or parcel.
g. Should an approved site plan depict buildings, structures or uses which, in the absence of a site plan, require specific relief from any restriction otherwise set forth in the Village code, the adoption of an ordinance approving a site plan for an equestrian center shall be deemed to be a grant of relief from such other restriction, rule or regulation which is in conflict with the approved site plan.
5. Within all portions of a premier equestrian estate district, irrespective of whether the lots or parcels are developed, or intended to be developed with single-family detached dwellings or an equestrian center, the following shall apply:
a. The restrictions contained in subsection 10-4-4A of this title shall apply to all lots or parcels developed, or intended for development, as single-family detached residences.
b. There shall be permitted all other ancillary structures and uses as may otherwise be allowed in the Village's zoning regulations (i.e., detached garages, swimming pools, storage sheds, etc.).
c. In addition to all fences otherwise authorized by the Village code, there shall be permitted perimeter fences on or adjacent to all lot lines. Said perimeter fences shall not exceed five feet (5') in height and shall be designed to contain horses; this shall specifically include the right to maintain low voltage electric fences.
d. Entrance features to each lot or parcel may contain wing walls each to be of a length of not greater than ten feet (10') having a height of not greater than eight feet (8'), including pylons and other structural elements. Entrances may feature entrance gates not exceeding eight feet (8') in height. Said entrance gates may be electrified. The entrances to each lot or parcel may be lighted in a manner specified in any approved building permit issued for the construction of said entrance.
D. Administrative Provisions: Any application seeking a map amendment to classify or reclassify lots or parcels of land into a premier equestrian estate district, and any ordinance approving such classification or reclassification, shall incorporate a site plan which shall also constitute a preliminary and final plat of subdivision in conformance with section
9-1-4 of the Village code.
1. Notwithstanding any limitation contained in section
9-1-11 of the Village code or section
10-1-3 of this title, an approved site plan may provide for variations and deviations from strict conformance with the requirements of the Village's subdivision and zoning regulations. Approval of any site plan incorporating preliminary and/or final plats of subdivision which contain deviations or variations from strict conformance with any requirement of title 9 of the Village code or this title shall be deemed an authorized waiver of such requirements to the extent of any such deviation or variation without regard to any more restrictive requirements otherwise set forth in the Village code. Further, such authorized deviations or variations shall thereafter be deemed fully lawful such that limitations applicable to legal nonconformities shall not impair the legal right to rebuild any building or structure or reestablish any use permitted by virtue of such deviations or variations.
E. Land Newly Annexed: Irrespective of the provisions of section
10-3-3 of this title, property newly annexed into the Village and zoned premier equestrian estate district shall be deemed to comply with the Village's comprehensive plan.
F. Site Plan And Subdivision Compliance: Irrespective of the provisions of section
9-1-3 of the Village code, the approval of map amendments classifying property within the premier equestrian estate district and the approval of site plans and plats of subdivision of property located within said district shall be deemed to comply with the Village's comprehensive plan and the restrictions set forth in section
9-1-3 of the Village code shall not constitute a basis for the disapproval of any application for relief requested under this section.
G. Variations From Subdivision Regulations: Irrespective of the provisions of subsection 9-1-2B of the Village code, the adoption of an ordinance approving any site plan or plat of subdivision of property classified within the premier equestrian estate district which shall in any way vary or deviate from any other provision of the Village code shall be governed by the provisions of this section and shall be deemed to constitute authorized variations or deviations from such other conflicting provision pursuant to subsection 9-1-2D and section
9-1-11 of the Village code.
H. Conflicting Code Provisions: Irrespective of the provisions of subsections 10-1-3A, B and C of this title and notwithstanding any more restrictive provision of any other section of the Village code, the approval of site plans and plats of subdivision for property located within the premier equestrian estate district need only comply with the requirements of this section as the same may be applied and varied in any ordinance or resolution approving a site plan and plat of subdivision. (Ord. 1165, 9-30-2009)