Laserfiche WebLink
L <br />Page 2 <br />March 22.2004 <br />added to the east side of the bowling alley, replacing the currenl <br />garage storage area.” <br />According to the pending application for conditional use pemui for this site, a new, <br />single enuyway would serve both the bowling lanes and the restaurant and the two would be <br />operated together as a modem bowling center including the combined restaurant with full liQuor <br />license. <br />Based upon the above, it is our opinion, that tbe requested grant of a liquor license for <br />this establishment would be illegal under Orono’s Code of Ordinances. We detail our reasons <br />for that opinion below. <br />1. A liquar license etutnoi be greeted if the premises do not comply fvitk <br />zoning regnlntlons. Under Orono Section 34*83: <br />"No license shall be granted for use ia any premises that does not <br />or will not conqily with the City’s zoning regulations set forth in <br />Chapter 78." <br />In addition. Orono City Code Section 34.122 provides: <br />"Notwithstanding any section in this chapter to the contrary, all <br />premises that are licensed must be located in zoning district in <br />which they are permitted and must be in compliance with the <br />eomng regulations set forth in Chapter 78.” <br />Does the bowling center, as proposed, comply with Chapter 787 If not, then the two code <br />sections quoted above, prevent the issuance of a licenae. <br />2. The pmqiosed bowling center^restaurant use would be an extension of a non* <br />conforming use and Ologol under Orono City Code. Tbe remodeling of this site to add a <br />restaurant to the bowling center would extend and intensity an existing non-confotmirg um. <br />This ia illegal under the common law and under Orono’s Code. Orono Code Section 78-71 <br />provides: <br />“Non-Conforining Uses. Any land or building which were <br />actually and legally devoted to a non-confoiming use on January 1. <br />1973, may be continued in the non-confomting use pursuant to <br />conditional use penmt granted as ^lecified and subject to the <br />following provisionr. <br />(Jj The nen-conformlHg use mey not be changed to mother <br />non-conforming use. <br />1 <br />^ . <br />tK <br />1' <br />V <br />\ \ <br />• 1:l <br />gfiiaiNh