10-21-2024 Planning Commission Packet

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Created: 2024-07-18 07:35:49 [EST] (Supp. No. 21, Update 3) Page 11 of 41 (c) Determination of use. Whenever a proposed use is not clearly defined as to its inclusion in the list of permitted, conditional, or accessory uses in this district, the zoning administrator shall make a determination. The zoning administrator may refer the item to the city council for a final determination, if desired. (d) Certificate of occupancy. Prior to occupancy of any building or premises within the I-Industrial district for which a building permit has been obtained, the applicant shall obtain a certificate of occupancy. As a part of this certificate, the applicant shall be required to demonstrate compliance with all of the terms of this division. (e) Existing land uses. (1) Any building or use that does not conform to the requirements of this division, existing prior to the passage of this division, shall be allowed to continue to operate in the same manner and to the same extent, subject to the requirements of article II, division 2 related to nonconforming uses and related matters. (2) Where such changes increase the total usable floor area of an existing nonconforming building by less than 25 percent, a property owner may maintain the existing building in its nonconforming state. The requirements for bringing improvements into conformance shall also be applied to legal, nonconforming site improvements such as parking lots and landscaping. Such changes or additions may be made to coordinate with the existing building materials and design without meeting the requirements of this division. The 25 percent threshold shall be measured cumulatively from the date of the adoption of this division, and shall not be exceeded without applying the requirements of subsection 78-821(e)(3). (3) Where such changes increase the total usable floor area of an existing nonconforming building by 25 percent or more, the property owner shall be required to bring the building and property into full conformance with this division. The requirements for bringing improvements into conformance shall also be applied to legal, nonconforming site improvements such as parking lots and landscaping. The 25 percent threshold shall be measured cumulatively from the date of the adoption of this division. (f) All buildings in the I, Industrial District shall be required to be on platted lots. All changes to lot configuration shall require platting in accordance with chapter 82, article III, Orono Subdivision Regulations. No lot identified in whole or in part by a metes and bounds description shall be eligible for a building permit until a final plat has been approved and recorded for said lot. (Ord. No. 32 3rd series, § 2, 3-27-2006; Ord. No. 68 3rd series, § 10, 2-8-2010) Sec. 78-822. Permitted uses. (a) General conditions. The following are permitted uses within the I-Industrial District. (1) Automobile and truck painting, major repair, body and fender work, upholstering tire recapping and wholesale/fleet sales, but shall not include retail when within a completely enclosed building. The storage of automobiles or trucks in process of repair shall be within a fenced area. (2) Cabinet and carpentry shops, lumberyards millworks, electrical, plumbing and heating and air conditioning shop. (3) Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, obnoxious products, byproducts or wastes, or creates other objectionable impact on the environment. These shall include the following: 201