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city of Orono <br />July 30, 1985 <br />Page Two <br />Section 17 defines "commercial kennel" as: <br />"any premises where three or more 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 where riding lessons may be provided." <br />Section 10.03, Subd. 18, allows "farms" as a permitted use: <br />"all farms in existence on January 1975 shall be permitted to <br />continue operations subject to the following conditions: <br />(a) Wo new stock farm shall be 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 that the proposed "stock farm" <br />is in existence but not in this opinion be detrimental <br />for public r^fety and general welfare. <br />(b) and (c) are not applicable. <br />Mr. Kokesh operates 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 net increased by more than twenty-five fjercont, no condition use <br />application is required. <br />The definition of "stable or public barn" is iiomewhat confusing since <br />this use is not mentioned in the zoning code and as such I have considered <br />the same to be descriptive of a commercial oj^ration included in the defi­ <br />nition of "stock farm". <br />For the code to be consistant I am operating tinder the assumption that <br />"stock farm'* is a farm in wfiich animals are kept for commercial purposes <br />which can include either animals owned by orruf^nts or animals that are <br />boarded for others. It would appear that it would be more essential to be <br />concerned abotit the number of animals tlian the name of the owner.