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REQUEST FOR COUNCIL ACTION <br />COUNCIL MRFTiNrt <br />NOV 2 5 20U3 <br />CITY OF <br />Date: November 19,2003 <br />Item No.:3 <br />Department Approval: i^ministrator Approval; <br />Name: Michael P. GafTron <br />Title: Planning Director <br />Agenda Section: <br />Zoning <br />Item Description: #02-2829 Nonconforming Uses & Nonconforming Structures Amendment <br />Zoning Code Section 78-71 <br />List of Exhibits <br />(Planning Commission Memo & Exhibits of 11-13-03) <br />A - Proposed Ordinance <br />B - Public Hearing Notice <br />C - Current Code Language (Section 78-71 ) with References to Proposed Code <br />Summary of Proposed Changes: (See pages 2 & 3 of PC Memo) <br />Planning Commission Recommendation: Planning Commission reviewed this final draA at <br />a public hearing on November 17 and recommended approval as drafted on a vote of 6-0. <br />Staff Recommendation: Staff recommends approval. <br />Please review the attached Exhibits, as this code section makes significant changes in the way we <br />do business regarding rebuilding and expanding residential structures. Briefly, this amendment <br />changes the Nonconforming Uses section of the code by henceforth having it also apply to <br />Nonconforming structures. <br />The changes include establishment of a “50% of value or volume removal” threshold after which a <br />nonconforming structure has to be brought into complete zoning compliance; and establishment of <br />standards for expansion of existing homes and accessory structures. Other changes include <br />elimination of certain outdated language and a reorganization of the entire section. <br />The Planning Commission has been working on this topic (also referred to in past discussions as <br />“When Does a Remodel Become a Rebuild ”) for more than a year. Staff believes the proposed <br />ordinance will provide clear direction to homeowners, builders and remodelers as to the extent of <br />demolition that will trigger requirements for full conformity. <br />COUNCIL ACTION REQUESTED <br />Motion to adopt Ordinance No., Third Series, An Ordinance Amending Section 78 of <br />Orono Municipal Zoning Code by Amending Section 78-71 Regarding Nonconforming Uses and <br />Structures. <br />!