§ 157.059. MINOR AND MAJOR RESIDENTIAL SUBDIVISION IN THE RE DISTRICT.

(A) Minor and major residential subdivision are permitted by way of special exception in the RE Rural Equestrian District. A major residential subdivision shall contain a minimum parcel size of 50 acres. In order to protect residential uses from horses, which may be boarded or stabled in the Rural Equestrian District, and vice versa, commitments shall be required for minor and major subdivisions by the Board of Zoning Appeals at the time of special exception approval in accordance with I.C. 36-7-4-921. Such commitments must be recorded with the office of the Boone County Recorder prior to the issuance of an ILP.

(B) Commitments mandated by the BZA may include, but are not limited to the following:

(1) The applicant for this special exception acknowledges and/or agrees that agricultural uses, including animal husbandry and the boarding, stabling and recreational uses of horses, are permitted in the surrounding area. Accordingly, no agricultural or agri-business operation, animal husbandry operation, or the boarding, stabling or recreational uses of horses in the RE district shall become a nuisance. Further, that the applicant waives any objection or remonstrance to the continuation of such agricultural or agri-business, animal husbandry or horse use in the surrounding area so long as such operation does not cause a nuisance as defined under Indiana law.

(2) That the declaration of covenants, conditions and restrictions approved and recorded for the residential subdivision shall not restrict and in fact shall permit the boarding, stabling and recreational use of horses to be maintained as a private stable on lots of three acres or more.

(Am. Ord. 2007-21, passed 10-9-2007)