01-23-1995 Council Packet - Laserfiche WebLink

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the elements or natural disaster.* Second, the use may be eliminated by requiring lawfully nre-existin® nonconforming uses to immediately come into compliance with the new regulations! Whether that requirement results in a "taloEg- wiU depend on the particular circumstances. Third, nonconforming uses may be eliminated over a period of time through amortization. This mechanism requires a nonconforming use to terminate after a prescribed period of time elapses. The prescribed period of time under such a mechanism must be s^ficient to aUow the property owner to recoup his or her investment in the nonconformin ao use. As mentioned above, the City may force a particular property owner with a preexisting Lmce an emting marina may have so Uttle remaining open space that it is ^possible to fit the required number of parking spaces on the open space on the prope^. Requiring strict corapUance with the requirements of the new provisions of the code would make ^e manna ineUgible for a conditionai use permit, thereby forcing the property owner out of busmess and probably triggering a "taking” claim. Conversely, an existing marina may have sufficient space for the parkmg stt^ required by the new regulations. Under such circumstances, the ra^a would be ab e to comply wi* the new regulations and obtain a conditionai use permiL An Mgument that the propel had been -taken" would be considerably less persuasive under such circumstances. Because the consequences of bringing preexisting nonconforming marina uses into corapUance are so dependent on the cL-cumstances of the particular manna, we “ approach that reserves for the City the flexibUity to deal with me« ^ ® c^-by-case basU. Ilie simplest way for the City to enhance its flexibiUty is to t^ow variant to the condiUonal use permit scheme created by the zonmg code amendmeiits. By aUowing variances to the condiUonal use permit requirements in ca^ "‘l™ those requirements would visit a parUcularly hmsh hardship upon the avoid -tiring- the property. In each case, the City can decide which of the three appr^hes ouUined above is the most effecUve way to ultimately elimmate WiU aUow the City to aggressively enforce the zonmg amendments m curumstaiic^ where UtUe. U any, hartUlup wiU be suffered wtule also avoiding unnece^ takmgs claims by granting variances for those marinas that need them to stay in business. ■As you know. Orono's code has provUions relating to the property owner may rebuUd and continue a nonconforming use after destnicuon by fire. elements, or natur ’ disaster. 219/22031413 7/22/94 ^