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TO: Mayor and City Council C"JUKIL MUTING <br />FROM: Mark Bernhardson, City Administrator J <br />DATE: April 1, 1988 AM 11 IR8 <br />SUBJECT: Options Regarding Land Use Reviews i"I 1 Y OFF El� ONO <br />Attachment: A. Outline Regarding Land Use Controls <br />ISSUE - Presentation of options relating to ways that the City <br />may desire to undertake as it relates to its land use controls, <br />and the means by which it reviews those. <br />INTRODUCTION_ - In the City of Orono its land use controls <br />represent a significant aspect of its municipal government. <br />Presently under the ordinance the City Council is the final <br />authority on all land use issues with the Planning Commission <br />acting as an advisory board for subdivisions, variances, <br />conditional use permits, zoning and comprehensive plan <br />amendments. (An additional land use control, which the City has <br />not used to date, but may in the future, is that of the official <br />mapping process.) In addition to these traditional land use <br />controls, the City has -!Fo involved members of the Planning <br />Commission in its review of its marina licensing together with <br />contemplation to use them in analysis for the facility study. <br />DISCUSSION - As part of the Strategic goal setting for 1988 the <br />City-Counci 1 desired to review the uti 1 ization of its planning <br />Commission to see if there were alternatives to its current land <br />use control process. While not required to undertake formal <br />planning activities the City Council can either assume total <br />responsibility itself, delegate to administrative officers or <br />appoint a Planning Commission. The Planning Commission can <br />either be advisiory by nature or actually have selected powers <br />delegated to it by the Council. In addition the Planning <br />Commission can either act as a Board of Adjusments in appeals for <br />hearing of variances and appeals of administrative decisions <br />regarding the enforcement of the zoning ordinance or official <br />map. The Board's decisions can be final subject to appeal to the <br />Counci 1 or advisory to the Council. If a separate Board is <br />created, the Board cannot review special or conditional use <br />permits, zoning ordinances or official map amendments. These <br />must he done by the Counci 1/Plannf ^ommission. <br />Various cities take various app,- -hes in this matter. Some <br />cities utilize a Planning Commission to perform all the functions <br />as an advisory body in the same manner as Orono. Some <br />communities delegate the final decision authority and/or final <br />decision pending appeal authority for variances to a Planning <br />Commission/Board of Zoning Appea16. In some communities Planning <br />c(immissions handle sut,divi - ions conditional utie permits, <br />r7omprehensive planning and zoning amendments together with the <br />