03-07-2012 Planning Commission Work Session

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PC Work Session:7 March 2012 Dock Rental 11-3503 Page 2 of 2 begin a new public review process. The first alternative would be merely a revision of the currently proposed ordinance language keeping the current regulations in place but with added language that would not prohibit short-term boat storage such as weekend visitors, etc. The second alternative to be considered would be to draft a new ordinance that would eliminate any future City regulation of dock/slip rental at private residential docks. This two-track process is scheduled to include a public hearing before the Planning Commission on March 19 prior to action by the Council. The existing code has been enforced primarily by complaint. The City receives a number of complaints each year,typically from neighbors of a residential property where one or more slips are being rented to non- owners/renters/occupants. Slip rental at residential docks has a history of negative impacts on Orono neighborhoods; traffic, noise and activity at odd hours, parking concerns, and the element of unknown persons in the neighborhood have all been cited by complainants as negative neighborhood impacts. The existing Orono Code regulates residential slip rental through a combination of the following Code sections rather than one simple statement: 1. 78-661: B-2 Def. of Marina Business 2. 78-665: List of Permitted Uses in B-2 District- includes rental of boat slips 3. 78-302/303/304: List of Allowed Uses in LR-1A-doesn't include rental of boat slips 78-327/328/329: List of Allowed Uses in LR-1B-doesn't include rental of boat slips 78-347/348/349: List of Allowed Uses in LR-1C-doesn't include rental of boat slips 4. 94-71 thru 94-101: Marina Business Licensing Code: a. 94-71: Definitions • "Business Use" means engaging in either a marina business or the business of docking, mooring or storing boats. • "Marina Business" means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 Zoning District. • "Business of Docking, Mooring or Storing Boats" means renting or otherwise providing space, including boat buoys, for docking, mooring or storing one or more boats belonging to persons other than the owner or occupant of the property, except when licensed as a joint use. b. 94-76: License Required. It is unlawful for any persons to engage or participate in business use without first having obtained an annual license therefor from the City. c. 94-100: Business Use Licenses Limited to B-2 Zone. No business use shall be licensed in any zoning district other than B-2, except when a business use is allowed by ordinance in another zoning district, such use conducted in said district shall not be required to obtain a license. This item will be on the Planning Commission's March 19th agenda; a public hearing has been posted. Staff hopes to prepare language addressing both alternatives as directed by the Council for discussion at the March meeting.