Help!!! Any attorneys in the gym?

[RapidBreath]

Hi, I live in a rural community. We are being besieged by a very slick businessman that has rushed through a proposal for a very large equestrian center at the entrance to our gated community. We are zoned for rural parcels from between 5 acres and 20 acres (or more.) The original proposal was for a boarding facility to house horses. This would have been in line with our rural lifestyle (most people in the ranch have horses.) Right next door is a middle school. We only have one entrance to our neighborhood. Emergency services couldn't even get in with the proposed 300 people in attendance. Not to mention that we are host to much wildlife (of the Avian kind, not people).

Now they are proposing (without proper notification) an equestrian center with double the size, a hotel, retail spaces, and 5 open Arenas.

My question is: how do we fight this? Where do we start?

Thanks in advance,

Alisha

 

[L Sass]

Hi Alisha. I all depends. What state are you in and are you in a city, village, township, etc? What do your local planning and zoning ordinances/resolutions say? When you say "community" are you talking about a residential subdivision? Because you also say you only have one entrance, so I'm presuming you mean to your "neighborhood" or subdivision.

In many rural or agrarian areas, agricultural uses are granted much more latitude than say commercial ventures. But again, it all depends on your state laws and your local planning and zoning regulations. The biggest concern I have is when you say "without proper notification." What does that mean? What does your code require, what notice was given? How did you find out about the plans if proper notice was not given? Are variances being requested? Are any needed? You start by contacting your local representatives first (councilmen, trustees, etc.) and if your concenrs fall on deaf ears you (and your neighbors) may need to engage the services of an attorney who works in the field of zoning and land use.

 

[RapidBreath]

Thank you Lorrie!! I appreciate your input.

Alisha

 

[LauraMax]

Hey Alisha--I'm not an attorney but I work for municipal govmt. I agree w/pretty much everything Lorrie said, except that I would start w/your town/county's zoning officer. They'll be able to tell you whether the equestrian center is a permitted use. If it's not they'll need to apply for a variance & appear before the local zoning board, at which point the public (as in YOU) would have the chance to object. If this does occur, it would also be helpful to either rally your neighbors & have them attend w/you, or at the very least have a petition prepared.

Regardless of whether it's a permitted use or not, I suspect they'll at least need approval from your local planning board. You would also have the chance for public comment at this point as well, & you could follow the same process.

Also you mentioned emergency services. This is a HUGE concern & if emergency vehicles do not have ingress/egress into your community that should kill the project immediately. You could also reach out to your local police & fire chiefs to get their thoughts on the project & how it would impact them. I know our chiefs would never ever allow this to happen.