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r <br />► <br />POPHAM HAIK MEMQRANPIM <br />3300 Rpcr Jaflkay Towtr <br />222 Sautb Niotb S&eet <br />MinoeapoUs. Minoeioa 35402 <br />(612, 333-4800 <br />TO:Mike Gaffron <br />City of Orono <br />FROM: <br />RE: <br />Kevin Staunton <br />Proposed Amendments to Zoning Code Section 10.41 <br />B-2 Lakeshore Business District Standards • Enforceability Questions <br />DATE: July 17, 1994 (Revised July 22, 1994) <br />I am writing in response to your memo to Tom Barrett regarding the above-referenced <br />matter. Your memo expresses concern regarding the enforceability of the proposed <br />amendments to section 10.41. You have sought our advice about how to best accomplish the <br />substantive goals in the proposed amendments given the fact that many existing marinas in <br />the City of Orono conduct business activities or use their land in ways contrary to the <br />proposed amendments. This memo is designed to respond to your enforcement inquiries and <br />address an issue regarding what is the most appropriate regulatory vehicle for each of the <br />changes proposed. <br />ENFORCEABILITY <br />The first issue raised by your memo is the City’s ability to enforce any of the changes <br />being contemplated. Specifically, you are concerned about the ability to enforce some of <br />these amendments against marinas that have been operating for years (or even decades) in a <br />manner that would be contrary to the new amendments. As a general matter, the City is free <br />to enforce the new amendments even on marinas that have been (legally) operating for a long <br />time in a manner that would be contrary to the new amendments. The real issue is how the <br />City may treat preexisting nonconforming uses that were lawful prior to adoption of the <br />amendments. <br />Preexisting non-conforming uses that were lawful prior to the adoption of land use <br />regulations rendering them unlawful may be treated in one of three ways. First, the use may <br />be allowed to remain or continue. Under this option, the property owner is allowed to <br />continue the nonconforming use of the property indefinitely so long as the use is not changed, <br />expanded, or intensified. The theory behind this option is that nonconforming uses will <br />gradually be eliminated through normal wear and tear, obsolescence, or destruction by fire. <br />219/220314137/22/94