10-22-2003 - Re: Use of right-of-way on Big Island

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3 §78-567 • ORONO CITY CODE upon written notice from the city to the person or persons as of November 9, 1981, permittee at least 30 days prior to the or at any time such common ownership anniversary date. may occur thereafter, including one or (8) Hold harmless. As a condition of issuance more separately platted lots or unplatted of any permit,the applicant shall in writ- parcels of land, and/or one or more sepa- ing release, indemnify and hold harmless rately identified tax parcels. Because of the city from any and all claims or causes the unique circumstances and actual use of action arising out of the use or alter- patterns existing on the islands, also in- ation of the platted right-of-way by appli- cluded within the definition of a "record cant or his invitees. lot" is commonly owned land that is con- tiguous except for being separated only by (9) Permit hearing and notice. The planning platted unopened public right-of-way.Each commission or the council shall hold a record lot shall be considered in its en- public hearing or hearings on each appli- tirety to be one lot for zoning purposes. cation for a permit. Notice of the public a. The effective date for determination hearing shall be given not less than ten of common ownership is November days nor more than 30 days prior to the 9, 1981, the date of adoption of Or- date of the hearing by publication in the dinance No.238,establishing a mor- legal newspaper for the city. Such notice atorium on development, including shall contain the description of the land land subdivision, on the Lake Min- and the proposed use. At least ten days netonka Islands. Common owner- before the hearing, the city clerk shall ship as of that date has been and mail an identical notice to the applicant shall be determined by the deeds of and to each of the property owners within record at the county recorder's office. 350 feet of the outside boundaries of the This definition shall not preclude land in question. Failure of the property the city from recognizing or enforc- owners to receive notice shall not invali- ing the common ownership/lot of date the proceedings.At the public hear- record provisions of Ordinance No. ing,the planning commission or the coup- 172, or any other similar prior ordi- cil shall review the application and the statements and drawings submitted with nance. the application and shall receive perti- b. The council has identified and estab- nent evidence concerning the proposed lishes 69 record lots on Big Island, use and the proposed conditions under Mahpiyata Island and Deering Is- which it would be operated or maintained. land as listed by record lot number (Code 1984, § 10.31(5)) in the left-hand column of subsec- tions (4), (5), (6) and (7) of this sec- Sec. 78-568. Lot area requirements. tion. Each such record lot shall in- dude all land identified by all tax Within any RS seasonal recreational district, parcel property identification num- no new lot or parcel shall be created less than 5.0 bers(PIDs)grouped together follow- acres in dry-buildable lot area exclusive of any ing the record lot number. designated wetlands. Within any RS seasonal recreational district,the following provisions shall c. Within 60 days after January 13, govern the buildability, use and/or subdivision of 1983, the owner of each record lot each existing record lot: shall be notified in writing at his last . recorded address of the classification (1) Record lot definition. For purposes of the of each record lot, including all tax RS seasonal recreational district,a"record parcels determined to be included in lot"shall mean all the contiguous or abut- such record lot. All existing uses in ting land owned in common by the same the RS district are identified in the CD 78:98