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08/20/2012 Planning Commission Minutes
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08/20/2012 Planning Commission Minutes
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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,August 20,2012 <br /> 6:30 o'clock p.m. <br /> 4. ROOSTERS—POTENTIAL ORDINANCE AMENDMENT,6:47 P.M.—7:20 P.M. <br /> Gaffron stated the City has received a small number of complaints about roosters in the City,which <br /> prompted the City Council to clirect Staff to review the situation. The request from Staff is for the <br /> Planning Commission to review the issue of roosters and potential problems that can arise. <br /> The matter has been published for a public hearing. However, Staff is recommending that the City only <br /> adopt an ordinance that is part of the animal chapter of the municipal code and not the zoning code. <br /> Because it deals with the animal chapter,the Planning Commission is not technically required to hold a <br /> public hearing but Staff would recommend that one be held tonight. <br /> Gaffron noted this issue was discussed at the Planning Commission's recent work session and one <br /> property owner was in attendance. Gaffron stated it is common knowledge that roosters can be noisy. In <br /> the City's five acre zoning districts, it might not be a problem,but they can cause problems on the small <br /> lots. Included in the information is an excerpt from the City's zoning code on how the demographics of <br /> the City have been slowly changing over the years. <br /> Orono's zoning code reads as follows: "The City is growing in population from a rural agricultural <br /> � community to a rural residential community. Use of land for residential purposes is considered primary <br /> with other uses viewed as supporting this use. While present commercial or industrial activity,where <br /> consistent with residential use and other guiding principles,will be protected by ordinance or conditional <br /> use permit, it is not the intention to expand or allow all such commercial or industrial activity to a degree <br /> where it conflicts with the primary residential use and the other guiding principles. The continued use of <br /> land for farming and similar purposes will be protected by ordinance or conditional use permit where <br /> sufficient acreage allows such use to continue without conflict with expanding residential use." <br /> Gaffron indicated he is aware of one prior situation in the past ten years involving a rooster. The <br /> complaint was from a neighbor that was located approximately 300 to 500 feet from the rooster. The <br /> roosters eventually went away and it was no longer a problem. <br /> In looking at the issue,the City's existing code sections related to chickens and roosters are as follows: <br /> 1. Chickens are farm animals by definition. <br /> 2. The code does not distinguish between chickens(hens)and roosters;they are all defined as <br /> fowl. <br /> 3. Fowls are allowed in the 2-acre and 5-acre Rural Residential Districts as an accessory use. <br /> 4. Fowls are allowed in the Lakeshore Residential 1/2-acre, 1-acre, and 2-acre districts and in the <br /> RS District as a conditional use,requiring a CUP. <br /> 5. The number of fowl allowed is based on the size of the property. The minimum acreage for <br /> farm animals is at least one acre for the dwelling and one additional acre for each animal unit. <br /> 6. One animal unit is equivalent to 50 fowl under Orono code. Therefore, a 2-acre lot would be <br /> allowed 50 fowl; a 3-acre lot would be allowed 100 fowl; a 4-acre lot would be allowed 150, etc. <br /> Page 5 <br />
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