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m <br />s <br />H7 <br />r- <br />City of Orono <br />July 30, 1985 <br />Page Two #952 <br />Section 17 defines "conunercial kennel" as: <br />"any premises where three or n^ore domestic animals over six months <br />of age are owned, boarded, offered for sale." <br />Subdivision 52 defines "pasture land" as: <br />" land used for grazing horses, cattle or other domestic animals." <br />Subdivision 66, defines "stable or barn public" as: <br />"a building or structure used or intended to be used for housing <br />of horses, donkeys, burros, or ponies which are owned by those <br />other than the occupants of tlie property randomously rented for <br />a fee for riding purposes .’here riding lessons may be provided." <br />Section 10.03, SiibJ. 18, allows "farms" as a permitted use: <br />"all farmf in existence on January 1975 shall be permitted to <br />continue operations subject to the following conditions: <br />(a)No new stock farm shall f)e created or existing stock <br />farms enlarged more than 25% in animals over one year <br />old except under the provisions of a conditional use <br />permit. In considering any such permit, the maximum <br />number and type of animals being kept shall be determined. <br />The site, design and method of operation shall be reviewed <br />and the council shall find tliat the proposed "stock farm" <br />is in existence but not in this opinion be detrimental <br />for public safety and general welfare. <br />(b) and (c) are not applicable. <br />Mr. Kokesh oj)erates a "farm" as a premitted use because the same is ten <br />acres or more and in operation prior to 1975. Since the number of animals <br />have not increased by more than twenty-five percent, no condition use <br />application is required. <br />The definition of "stable or public birn" is somewhat confusing since <br />this use is not iwintioned in tlie zoning co<le and as such I have considered <br />the same to be descriptive of a commercial operation included in the defi­ <br />nition of "stock farm". <br />For the code to be consistant 1 am oper.iting under the assumption that <br />"stock farm" is a farm in which animals are kept for comm»‘rcial purposes <br />which can include either animals owned by occupants or animals tfiat are <br />boarded for others. It would app«?ar that it would N? more essential to f<e <br />concerned about the number of animals than tlie namt* of Uie owner.