Just what are "horse privileges"? We see them touted
on "For Sale" signs, but what are they and who has them and how does
a property get them? The short answer is that cities and towns and
counties often have zoning ordinances that speak to the keeping of horses, and
many residential properties enjoy "horse privileges," within certain
parameters. Deed restrictions might limit what residential property
owners are allowed to do, but absent those deed restrictions, under the zoning
laws many residential properties may be used in some way for horses.
This
article offers a quick review of the "horse privileges" zoning laws
in the City of Phoenix, the City of Scottsdale, and in unincorporated areas of
Maricopa County. The laws will vary from city to city, town to town, and county
to county, so legal assistance is advised.
CITY
OF PHOENIX
The
Phoenix Zoning Ordinance restricts the keeping of horses to occupant (owner or
tenant)-owned horses on single-family residential property of 10,000 sq. ft. or
greater. There is no limitation on the number of horses which may be kept
on a single-family lot, so long as they are all occupant-owned. Public stables
or riding academies require a special permit approval and a site of a minimum
size of 10 acres. Commercial stables cannot be permitted as a home occupation
on residential property. The City of Phoenix provides specific regulations
regarding the keeping of animals: health nuisances due to a presence of flies,
odors, dust or accumulation of manure are prohibited. Manure is to be
removed at least twice each week. A premises upon which a horse is kept is
expressly required to be sanitary and is subject to Health Officer inspection.
The ability to board horses for others is very limited in the
City of Phoenix. No structures should be placed or erected without proper
permitting. Setbacks will apply. Structures which violate setback or spacing
requirements will need variance approval, and legal assistance is advised (see
discussion of County below).
