Kaysville resident Ben Wilson submitted a Title 17 Zoning Text amendment application requesting changes to add mini horses to the category allotted for “sheep, goats, llamas or similar animals.” Wilson provided detailed information about the impacts of mini horses as compared to regular-sized horses and cattle. In addition to the table modification, Wilson proposed adding a formal definition of miniature horses to differentiate this subtype of horses according to measurements published by the National Miniature Horse Registry. Wilson and his family recently moved four miniature horses from Florida to Kaysville to be close to family. They learned they could only have a maximum of two miniature horses on the property per city code, as it did not differentiate full-sized horses from miniature horses. 

To provide further context, this code amendment application was submitted in response to a code enforcement investigation into Ben Wilson’s property after the city was alerted to the presence of four miniature horses in the backyard. The applicant is currently in the process of obtaining a conditional use permit to allow for two horses on his 30,709 square foot property, given the current code requirement that mandates 10,890 square feet per horse. As part of his ongoing efforts to work with the city toward a more long-term solution, he submitted a text amendment to make mini horses explicitly categorized apart from horses. 

Modifications include adding categorical definitions for assorted sizes of farm animals, adjusting the table layout to simplify the square footage requirements, and minor changes to the yard and structure regulations to accommodate the newly proposed definitions.

For reference, definitions include: Large Farm Animals, described as larger sized farm animals including horses, cattle, donkeys, mules, or other similar sized animals; Medium Farm Animals are medium sized farm animals including sheep, goats, llamas, mini horses, or other similar sized animals; Small Farm Animals are smaller sized farm animals including fowl (ducks, geese, chickens, peacocks, turkeys), rabbits, or others that are similar in size or impact; Swine includes swine, hogs and potbelly pigs; and Miniature Horse is defined as a horse recognized by the American Miniature Horse Registry as 38 inches tall at the last hair of their mane.

Structures for the care and keeping of fowl, rabbits, or similar small farm animals may be allowed in specific districts, providing that all such structures are located at least 15’ from all buildings. Other structures for the care and keeping of large farm animals (except swine), may be allowed in all districts where farm animals are permitted, provided that all such structures are located at least 50’ from dwellings on adjacent properties. Structures for the care and keeping of swine shall be located at least 200’ from dwellings on adjacent properties. The applicant shall successfully control odor, dust, noise, pests (flies, rodents, etc.) and drainage so a nuisance or hazard is not created for adjoining properties or uses. Farm animals must be kept within a fence, corralled, or other enclosed areas or structures sufficient to contain the animals on site.

Rather than typical livestock, miniature horses are often seen as pets or therapy animals and are growing in popularity. Based on size and waste production, miniature horses are far more similar to the medium-sized sheep, goats, and llamas than they are to the larger animals. Wilson requested miniature horses should be explicitly categorized with the medium-sized animals in Kaysville City Code. 

Wilson provided information that miniature horses are a formally defined animal whose weight, height, and waste production all align far more closely with the animals in the medium-sized category than they do with the animals in the large-sized category. Several cities in Utah and the surrounding region already categorize miniature horses separately from full-sized horses in their city codes, and those cities have apparently not experienced an opening of the floodgates of code adjustment requests for other animal subsets.

The only question raised by the City Council was whether miniature horses are kept inside or if they can withstand the elements. “They are actually very hearty, having originated in Europe in the 1600s; however, some people do keep them inside their homes as they are capable of being trained to that degree,” Wilson said. Miniature horses are the result of selective breeding of small horses and ponies and have adapted to living in a variety of habitats, including urban ones, with humans. The City Council voted unanimously to adopt an Ordinance amending Title 17-2 definitions and 17-2 Farm Animals.