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07/20/2015 Planning Commission Minutes
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07/20/2015 Planning Commission Minutes
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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,July 20,2015 <br /> 6:30 o'clock p.m. <br /> Gaffron stated the proposed amendment is intended to codify the City's long-standing policy and practice <br /> regarding the expansion of nonconforming structures by clarifying the site conditions under which such <br /> expansions may or may not occur. The City Attorney has requested that Staff review the existing code <br /> language since the existing language does not specifically define what is meant by expansion of a <br /> nonconforming structure. <br /> By definition in the Zoning Code,nonconforming structure means any structure legally existing upon <br /> January 1, 1975, which would not conform to the applicable regulations of the structure were to be <br /> erected under the provisions of this chapter. <br /> The City Attorney has suggested the following language: "Expansion of nonconforming structures <br /> includes any increase in a dimensions, size, area,volume or height; any placement of a structure or part <br /> thereof where none existed befare; any addition of a site feature such as a deck,patio, fence, driveway, <br /> parking area, or swimming pool; any improvement that would allow the land to be more intensely <br /> developed; and any exterior storage, signs, or specifically listed and allowed herein: <br /> a. Expansion of nonconforming single-family residence structures. Lawful, nonconforming single- <br /> family residential structures may be expanded,provided: <br /> 1. That the expansion does not occupy any space within a nonconforming area that was <br /> previously not occupied either vertically or horizontally, and complies with all height, <br /> setback, hardcover and lot coverage requirements of the district in which it is located. <br /> 2. That if the structure is nonconforming only with respect to substandard lot area or width <br /> For the district in which it is located, the expansion shall meet all height, setback, <br /> hardcover and lot coverage requirements of the district in which it is located. <br /> 3. That in cases where the lot line setback of a structure is less than 50 percent of the <br /> required setback far that zoning district,the City will require at a minimum that applicant <br /> shall make up the discrepancy by enlarging the opposite required yard depth to result in <br /> an aggregate yard depth equivalent to the combined required yard. <br /> b. Expansion of residential accessory structures. Lawful, nonconforming residential accessory <br /> buildings may be expanded provided: <br /> 1. That the expansion does occupy any space within a nonconforming area that was <br /> previously not occupied either vertically or horizontally, and complies with all height, <br /> setback, and hardcover and lot coverage requirements of the district in which it is located. <br /> 2. That if the accessory structure is nonconforming only with respect to substandard lot area <br /> or width for the district in which it is located, the expansion shall meet all height, setback, <br /> hardcover and lot coverage requirements of the district in which it is located. <br /> 3. That in cases where an accessory structure encroaches upon the lot line setback, the City <br /> will require, at a minimum, that the existing accessory structure shall be modified so that <br /> it becomes completely conforming with respect to setbacks. <br /> Page 20 of 25 <br />
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