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Zoning Violation for Horses- SC (Real Estate & Property Law)

Wed, 24 Aug 2005 20:44:00 GMT

What is the name of your state? South Carolina
We have operated a very small boarding facility (no employees- 7 horses) on our property for the past 6 years.
We returned home today to find an Official Violation Notice posted on our door. The notice states "Per complaint* There can be no business in this area per zoning ordinance also the number of horses is limited to acreage amounts."
I am unable to find the appropriate zoning ordinance online- our original covenant (we live on a street with 3-7 acre lots) said 2 horse per acre, and we have 5.35 acres so thought we were fine there. There is also another boarding facility directly across the street that operates as a small business, as well as two larger boarding facilities within 1 1/2 miles.
What steps should I take to sort this out... and is there any hope in sorting it out?
The notice gives 10 days to comply or a summons to court will be issued, which could result in a fine or jail time.
Thank you for the help!
Sincerely,
AM

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  • Wed, 24 Aug 2005 20:58:00 GMT(1)
  • Thanks for you speedy reply, but to clarify, we are not grazing the horses... they are fully supplemented with 4 meals per day of top quality feed and hay (we have TB horses that are performing in the sport of eventing). Southern SC soil is such that even 3 acres per horse would be inadequate for grazing... much like coastal California.
    I am aware that there are "recommended" acres/horse to provide a grazing situation, but is there an actual ordinance that states this... other than my neighborhood covenant that states "No more than 2 horses per acre", that might override this covenant?"
    Thanks again...
    AM
  • Thu, 25 Aug 2005 06:43:00 GMT(2)
  • Quote:

    Originally Posted by BankersRunFarm

    "and I have raised Hunter/Jumpers who have won flattrack races in Tennessee and Kentucky and would NEVER feed four times a day. supplement once per day and good Tennessee fescue grazing"
    Would LOVE to not have to feed 4 times daily, but we are missing that key ingrediant of grazing down here. Grass doesn't grow well in the swamp
    Would the county office have the covenant on file (established in 1976), as well as the zoning ordinances?
    I am unsure who has lodged a complaint after all this time... but I suspect it is related to our recently listing our property for sale (we are looking to buy more land further inland).

    If you have CC&Rs then, as I have told you, the county has nothing whatsoever to do with this. Read your cc&r and either follow them (by removing one or more horses) then sell or not.
  • Wed, 24 Aug 2005 20:51:00 GMT(3)
  • Quote:

    Originally Posted by BankersRunFarm

    What is the name of your state? South Carolina
    We have operated a very small boarding facility (no employees- 7 horses) on our property for the past 6 years.
    We returned home today to find an Official Violation Notice posted on our door. The notice states "Per complaint* There can be no business in this area per zoning ordinance also the number of horses is limited to acreage amounts."

    O.K.

    Quote:

    I am unable to find the appropriate zoning ordinance online- our original covenant (we live on a street with 3-7 acre lots) said 2 horse per acre, and we have 5.35 acres so thought we were fine there. There is also another boarding facility directly across the street that operates as a small business, as well as two larger boarding facilities within 1 1/2 miles.

    Well, your math is a bit off. You should have 6 unencumbered acres which, unless you don't have a home on the property, you don't have.
    and regardless, to have enough grazing land, you need at least 3 acres per horse and that's if you're supplementing with Sweet feed and oats.

    Quote:

    What steps should I take to sort this out... and is there any hope in sorting it out?

    Call the zoning commission.

    Quote:

    The notice gives 1 days to comply or a summons to court will be issued, which could result in a fine or jail time.

    Then you'd better either comply or contact them and find out what needs to be done.

    Quote:

    Thank you for the help!
    Sincerely,
    AM

    You're welcome
  • Wed, 24 Aug 2005 21:27:00 GMT(4)
  • "and I have raised Hunter/Jumpers who have won flattrack races in Tennessee and Kentucky and would NEVER feed four times a day. supplement once per day and good Tennessee fescue grazing"
    Would LOVE to not have to feed 4 times daily, but we are missing that key ingrediant of grazing down here. Grass doesn't grow well in the swamp
    Would the county office have the covenant on file (established in 1976), as well as the zoning ordinances?
    I am unsure who has lodged a complaint after all this time... but I suspect it is related to our recently listing our property for sale (we are looking to buy more land further inland).
  • Wed, 24 Aug 2005 21:02:00 GMT(5)
  • If your covenent says 2 per acre then that's it. It's not a state matter unless the covenent flies against state statue and I'll guarantee it doesn't.
    and I have raised Hunter/Jumpers who have won flattrack races in Tennessee and Kentucky and would NEVER feed four times a day. supplement once per day and good Tennessee fescue grazing.
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