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MINUTES OF THE ORONO CITY COUNCIL Monday, February 14, 2011 7:00 o’ clock p.m. _____________________________________________________________________________________ Page 6 of 18 (7. #11-3496 CITY OF ORONO, AMEND CITY CODE 78-71, NONCONFORMING STRUCTURES AND USES, Continued) Illegal structures, hardcover and uses are not given any special status within the Code. Currently an existing nonconforming structure may be rebuilt within Section 78-71. The provisions provide that an existing nonconforming structure may be replaced, but is limited to the existing footprint, location, volume and envelope of the current structure. As it relates to a nonconforming structure, the property owner would be able to rebuild exactly what currently exists in the exact location but cannot change the outer envelope or location in any way. Additionally, a smaller structure could be constructed within the nonconforming footprint/envelope area. As a result of the Krummenacher Supreme Court ruling, Staff has reviewed a number of City codes and processes. It is likely these types of applications for hardcover rearrangements would not meet the hardship definition and variances would not be an option. In order to allow a property owner the opportunity to reduce or rearrange existing nonconforming hardcover, City Staff is proposing an amendment to the zoning ordinance which would expand the options for dealing with nonconforming, nonstructural hardcover. The proposed amendment would allow a property owner to remove and reinstall legally nonconforming hardcover within the same zone in a different location or reconfigure the hardcover as long as the nonconforming square footage is not exceeded. In December the City Council amended the uses within residential districts. This resulted in the removal of gun clubs from the code as a permitted, conditional or accessory use where previously gun clubs were allowed as a conditional use. Staff discussed the implications of becoming a legal, nonconforming use with the Park Gun Club, which is the only gun club in the City. The size of their site and the current rules governing this type of use do not allow for expansion of shooting field areas. The gun club expressed an interest in expanding their hours of operation in the future in order to accommodate more participants. The amendment language proposed to 78-71(b)(8) will allow the Council to make changes to the hours of operation. The Planning Commission voted 5 to 0 to approve the language as proposed. Staff recommends approval of the ordinance amendment. McMillan asked if a home extends into the 0-75 foot zone, whether that would be affected. Curtis indicated the proposed amendment would not impact structural hardcover. Bremer noted the ordinance would not allow people to relocate patios. Curtis stated the property owner would still be allowed to have the patio in the exact same location. Mattick stated as long as it is a legal nonconformity located within the 0-75 foot zone, they would be allowed to rebuild it in the exact same location. Relocating the hardcover, however, would not be allowed. Item #03 - CC Agenda - 02/28/2011 Approval of Council Minutes 02/14/2011 [Page 6 of 18]