04-20-2015 Planning Commission Packet

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15-3724 April 15,2015 Page 2 In 1992 via Ordinance 101 (2"d Series) Zoning Code Section 78-1277 was added, providing minimum DNR standards for duplex lots in the Shoreland Overlay District; those standards in some cases were less than the minimum lot sizes for the underlying zoning district. In the Shoreland ordinance, Duplex is defined as follows: Duplex, triplex and quad mean a dwelling structure on a single lot, having two, three and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities. In 1997 the code was revised via Ordinance 178 (2"d Series) to also allow duplex use within 250 feet of the B-3 District (Lund's Grocery site in Navarre) specifically to allow a duplex to be built at 2505-2507 Kelly Avenue adjacent to the existing twinhomes, to replace the existing decrepit duplex. Subsequently the site was not developed as a duplex; a single family home was constructed in 2001. In 2009 the code was amended to correct errors in the text attributed to the 2003 recodification, and add language requiring duplex lots to also meet the minimum lot width and area requirements of the underlying zoning district. In 2010 a reorganization of the Conditional Use section in each zoning district was adopted, with the term duplex being deleted and the term "two-family dwelling" being substituted for it. Also, the "250' from B-3" allowance was dropped, and text was added requiring that the design of the dwelling be compatible with the surrounding residences (a subjective requirement at best). Duplex: "on a single lot" The text of the code originally included the phrase "one duplex may be located on a sin lg e lot" which apparently carried through until at least 1997 when the provision for proximity to B-3 was added. It is unclear from discussions in the staff inemos and minutes whether the language was changed purposely, as dropping that phrase was apparently not discussed. The intent remains clear, however, as the text still requires for the two-family dwelling that "the lot is adjacent to a commercial or industrial parcel". Additionally, it appears that the definition of "duplex" contained in the body of the text ("A duplex is defined as a two-family unit residential building") was also eliminated, although the Shoreland Ordinance definition noted above remains in effect. Separation of Ownership The original intent of the duplex ordinance apparently was to allow one building containing two independent dwelling units on a property, the entire building and land owned by one person. The ability to own or sell just one of the dwelling units as a separate tax parcel requires approval of a subdivision. Orono's subdivision code does not contain provisions for a dedicated process to accomplish this type of split, as under a standard plat process it likely results in what would be considered as new nonconforming parcels, yet does not rise to the level of a PRD or RPUD rezoning. Many other cities have added specific provisions to allow for individual ownership of units within a two-family dwelling.