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r <br />the elemenis. or natural disaster.* Second, the use may be eliminated by requiring lawfully <br />rre-existins nonconforming uses to immediately come into compliance with the new <br />D^od of time elapses. The prescribed period of time under such a mecha^m must be <br />Efficient to allow the property owner to recoup his or her investment m the nonconforming <br />use. <br />As mentioned above, the City may force a particular property owner with a pTOsisung <br />t.,wful use of his or her property to comply with the new tegulaUons. The qu«uon then <br />becomes whether that property owner can come into compUance and s^ be able to use e <br />orwrty in the way it was being used prior to the City’s adopUon of the amentoents For <br />his^M an existing marina may have so UBle remaining open space that it is mpoMible to <br />mite required number of parking spaces on the open space on the prope^. fequmng strict <br />compliance with the requirements of the new provisions of the code would make * <br />ineUgible for a conditional use permit, thereby forcing the property owner out of business and <br />probably triggering a "taking" claim. <br />Conversely, an existing marina may have sufficient space for the paring st^ <br />•r»H hv the new reeulations Under such circumstances, the marina would be able to <br />romply v^iui^e new rlgulations and obtain a conditional use permit An <br />proii^ny hid teen "take^ would be considerably less persuasive under such circumstances. <br />■-E“" “ sstrir ”approach that reserves for the City the flexibilrV to oeai wiin <br />c^-by-case basis. The simplest way for the City to enhance its flexibihty “ <br />variances to the condiUonal use permit scheme created by the zoning code amendment. By <br />Xwii^v^^cL to the condiUonal use permit requirements in ca^_wte« unpt^uon ofrequirements in c^ <br />"wTe*aty“ie""eT^ <br />UtUe. if any. hardship wUl be suffered while also avoidmg <br />granting variances for those marinas that need them to stay m busmess. <br />■AS you know. Orono’s code has provisions mlating to <br />property owner may rebuUd and continue a nonconforming use after destructio y <br />elements, or natural disaster. <br />219/22031413 7/22194 <br />I <br />i