Laserfiche WebLink
04 14 00 FRI 12:25 FAX ©005' <br />April J4, 2000 <br />Page 2 <br />I am also familiar wth some of the histor>' of the problems relating to these docks <br />because I was the City Attorney for the City of Orono from 1973 to 1984. I have been involved <br />in many of the dock and other riparian use issues in the City of Orono while I was City Attorney <br />and at various times thereafter. I was involved in the drafting of most of the municipal code that <br />presently governs land use and other activities in the City of Orono. <br />Instead of setting forth the summary of the facts, I refer to the memo dared .April 13, 2000 <br />from my clients to the Orono Planning Commission, a copy of which has been sent to you. <br />My objective in this letter is to point out to you what we believe are the relevant legal <br />principles that apply to the review of this application for a conditional use pemtit and to the <br />multiple dock situation in that area. The factual review set forth by my clients and my legal <br />review are preliminary in natiue because we have not had an opportunity' yet to finish the review <br />of all City records, title records and obtain other information conccniing the historical use of <br />these properties. <br />II. Applicable Law. <br />As you know, cities adopt zoning ordinances to regulate the type of uses allowed within <br />the City to protect fjid give direction to the property owner who desires to use his or her properly <br />and to protect adjacent property owners. <br />A property may only be used for a use which is allowed as a permitted use or for a use for <br />which a conditional use permit is required and one has been approved by the City. <br />In rare cases, there may have been a use of property that was in existence before there <br />was any zoning ordinance in effect or there is a use which was legal under the zoning ordinance <br />when it was first initiated, but thereafter because of a change in the zoning ordinance, such a use <br />w'ould no longer be legally possible. The above type uses are referred to generally as legal non <br />conforming uses. Such uses may continue, but only subject to the provisions of the zoning code <br />governing such non conforming uses and applicable judicial decisions and state statutes. <br />Mike Gaflron has informed me that the earliest City ordinance he can find relevant to the <br />use of docks on a lot without the principal building (a home in tliis case) was effective as of <br />January 1, 1968, which states as follows: <br />31.300 Accessory Buildings. <br />37}»7BDNt