02-27-2006 Council Packet - Laserfiche WebLink

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• REQUEST FOR COUNCIL ACTION ��UNCIL MEETING �EB 2 7 2ous Date: February 23, 2006 Item No.: �� ITY OF ORONO Department Approval: Administrator Approval: Agenda Section: N�me: Michael P. Gaffron Z011lll� Title: Pla�ming Director Item Deseription: #06-3178 (was #02-2829) Zoning Code Amendment Section 78-71: Nonconforming Uses and Structures List of Exhibits A -DRAFT Ordinance 2-23-06 B - PC Memo and Exl�ibits of 2-17-06 Background In order to be consistent with State Statute revisions passed in 2004, this proposed code amendment necessarily results in specific changes in the way we do business regarding rebuilding and expanding nonconforming residential structures. Additionally, the amendment changes the Nonconforming Uses section of the code by henceforth also containing provisions specifically applicable to nonconforming structures. With regard to residential rebuilds where there are pre-existing nonconformities, Planning Conuiiission had spent considerable time in 2004 attenipting to establish threshold levels of structural removals that would trigger the entire new constr��ction having to meet code. However, this is not feasible, as the 2004 Statutes allow the replacement, restoration and improvement (but specifically not expansion) of an existing nonconformity, whereas previously it only allowed "repair or maintenance". The property owner's ability to take advantage of this Statute goes away: a) if the nonconformity is discontinued for more than one year, or b) if the nonconfarmity is destroyed by peril (rather than voluntarily) and no permit to rebuild has been applied for within 180 days of the destruction, in which case the City can impose `reasonable conditions' on the perinit to mitigate any newly created impacts on adjacent property... City Attorney Matt Brokl has thoroughly reviewed the attached ordinance with staff and Plaruiing Commission, and recommends its adoption. We are prepared to address any questions Council may have at Monday's meeting. Planning Commission Recommendation Planning Colnmission reviewed the 2-15-06 version of the drafl: ordiiiance at a public hearing held on February 21, 2006 and recommended approval per the staff recoiiunendation on a vote of 6-0, subject to a small number of revisions noted by underlines/c'r��i�� in Exhibit A. Staff Recommendation Pending Council review and consideration, staff recommends adoption of the Ordinance as presented in Exhibit A. If revisions are warrauted, or if Council would like lciditional time for consideration, a revised version can be pre�ared For adoption by Council on March 13. COUNCIL ACTION REQU�ST�D Motion to adopt; amend; or table for filrther consideration.