(A) Transfer of horse stabling rights. As authorized and adopted as a conditional use in any zoning district, an applicant seeking allowance for additional horses on any single property by transferring rights from another property must submit an application for a transfer of horse stable rights (TSR) permit. This permit application shall include:

(1) All requirements and applications for a conditional use permit as set forth in the zoning district regulations.

(2) The applicant wanting to receive additional horse stabling rights above the allowances for the number of horses in the applicable zoning district will need to submit an application for a TSR, which application shall include:

(a) The legal addresses and proof of ownership of the sending and receiving properties;

(b) Proof of the amount of area (acreage) of both the sending and receiving properties;

(c) A justification letter detailing how the increase in horse stabling rights will not be detrimental to the property, health of the horses, not create additional noise, odors or other nuisances to the surrounding properties;

(d) Site plan to include layout of enclosures and area for the horses;

(e) A letter of authorization from the sending property owner;

(f) A letter of understanding from the sending property owner;

(g) A draft agreement, in a form acceptable to the City Attorney, between the sending and receiving property owners; and

(h) Any additional information as may be required by the Development Services Director or designee for the Planning and Zoning Board to make an informed and proper decision.

(3) The applicant is responsible for all costs associated with advertising, mailing and posting, with any specific costs to be adopted or approved by resolution of the Governing Body.

(4) The Planning and Zoning Board will conduct the noticed public hearing, hear testimony on and consider the application, and decide if the TSR permit is approved.

(5) If the TSR permit is approved, and before the permit becomes effective, the property owners must submit to the Development Services Director or designee a recorded and notarized copy of the transfer of horse stabling rights agreement.

(Ord. 18-20; Am. Ord. 21-04)