Years ago horse facilities were plentiful and nestled
in peaceful country settings. In recent years, however, "urban
sprawl" has permanently changed this scenario. What were
once riding stables and trails have become subdivisions and shopping
centers. Many horse facilities now find themselves very close
to large developments, and the new neighbors may not appreciate
horses.
If you sense that your community is becoming more resistant
to horses and is exploring possible zoning changes, can you do
anything now to maintain things as they are? Yes. Your strategy
might not be a costly, lengthy legal battle but rather a way of
life designed to avoid one. Instead of an open checkbook, you
will need energy and positive action.
Your Own Horse Protection Strategy
I personally undertake my own "strategy" every day in
my own community of Franklin, Michigan, which is a small, rural-like
village situated 15 minutes north of Detroit. Affectionately called
"the town that time forgot," Franklin is bordered by
busy cities and major highways. However, totally unique to its
suburban location, Franklin has a respectable number of two and
three acre lots that stable horses of many breeds. The neighborhood
grocer will hold your horse at the sidewalk while you shop for
lunch.
In 1991, the Franklin government considered changing Franklin's
ordinances to make it harder to stable horses. As a concerned
horse owner, I led a group of horse supporters who successfully
blocked the measure.
Let me share with you some easy, practical suggestions
on how you might address this issue in your own community:
- Get Active in Your Community
Actively participate in community groups that sponsor worthwhile
events. Every community has several. The goal is to meet others
and show them that you're a reasonable, likable person who shares
their concerns for keeping the community beautiful and maximizing
property values. Also, remember that these groups often serve
as "feeder" groups for community government. These
people could, sooner or later, end up on your City Council,
Planning Commission, or Zoning Board of Appeals. They'll remember
you. You might become one of them. To my surprise, I became
one of them about a year ago, when my village appointed me to
serve on its Planning Commission. I now help my village government
evaluate new land use ordinances.
- Keep Your Horse Facility as Neat and Clean as Possible
Who would argue that a neat, properly-maintained horse facility
threatens property values or the safety and health of the community?
Opponents of "horse-favorable" zoning eagerly seek
visible examples of why horses detract from property values.
Don't even give them a chance. Start with your own facility.
The opportunities are endless: remove horse droppings from the
road, paint the barn, clean out all rubbish, relocate manure
piles away from view, plant grass seed, add flowers, touch up
the fencing.
- Keep Your Non-Horse Neighbors Happy
Who typically leads the battle against horses in suburban communities?
Disgruntled neighbors who have never owned a horse. The day
may never come when they share your love of horses, but you
cannot ignore them. Make your neighbors comfortable with your
horse facility. Consider sharing with them your plans to install
fencing or structures near property borders, even if you have
no legal obligation to do so. Be reasonable with them. Try to
understand their concerns.
In my experience, after negotiation with a neighbor
I relocated part of my new pasture fencing. The loss of pasture
space was a very worthwhile long-term investment. My neighbors
happy, they have enjoyed my horses, and they respect -- and
have never forgotten -- the fact that I accommodated them.
- Be Responsible
If you live in a community like mine where horse facilities
are not common, remember that you're in the public eye every
minute. Respect others' property and privacy. For example, don't
trample or cut across someone's property without permission.
Set an example for other horse owners in your area.
- Get Organized
Without a doubt, in any battle involving horses and zoning there
is strength in numbers. In Franklin, horse owners like me know
that the struggle to keep horses in the community could repeat
itself in the future. Therefore, the slightest hint of trouble
should find you actively seeking out your allies, whether they
are horse owners or horse admirers. Why wait? Drive (or ride)
around the community to find properties stabling horses. Introduce
yourself. Exchange phone numbers. Share information on local
government candidates known to have "anti- horse"
leanings.
Conclusion:
All of these suggestions are designed to start
you on your way to protecting and defending the presence of horses
in your community. This article is not intended to constitute
legal advice. Although I am a practicing attorney, I firmly believe
that common sense solutions, when properly implemented, can prevent
a legal battle from occurring. Use them well.
About the Author
Julie I. Fershtman, Esq.
Fink, Zausmer & Kaufman, P.C.
31700 Middlebelt, Suite 150
Farmington Hills, MI 48334-2374
(248) 851-4111
E-MAIL: Fershtman@aol.com
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