Laserfiche WebLink
MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday, November 17, 2003 <br /> 6:00 o'clock p.m. <br /> (#7) #03-2829 ORONO ZONING CODE AMENDMENT, SECTIONS 78-71 <br /> REGULATIONS OF NONCONFORMING USES AND NONCONFORMING <br /> STRUCTURES, Continued <br /> The problem was quickly identified as the lack of a threshold level of removals after which <br /> a mere `remodel and addition' project would be considered as a total rebuild subject to <br /> meeting all current standards. <br /> The initial consensus was that the City should adopt a formal policy establishing threshold <br /> percentages of newly constructed or reconstructed spaces that would define a project as a <br /> rebuild subject to meeting all code standards. <br /> Gaffron continued, stating that during 2003 an amendment of the Nonconforming Uses <br /> section(10.03 Subd. 5, now recodified as Section 78-71)was drafted to reorganize that <br /> section and add standards specifically addressing nonconforming structures. Planning <br /> Commission reviewed the latest draft on November 5 and suggested a number of further <br /> revisions and slight reorganization. The current draft reflects the Planning Commission <br /> recommendations and includes additional paragraph titles for clarity. The current draft <br /> accomplishes the following significant revisions: <br /> - It separates the provisions pertaining to "Nonconforming Uses" from those pertaining to <br /> "Nonconforming Structures"; <br /> - It eliminates the `36-months after 1-1-75' sunset provision for lawful nonconforming use <br /> of: <br /> 1) land not involving a structure or 2) involving a structure with value less than <br /> $3000 on 1-1-75 <br /> - It eliminates the language that made the existing section pertinent only to uses, not to <br /> structures <br /> - It eliminates language that suggests the Council will look favorably on the granting of <br /> variances where a situation existed legally under prior laws (prior to 1975) <br /> - For nonconforming structures, it distinguishes between "Involuntary Destruction" (fire, <br /> war, acts of God, etc.) and"Voluntary Destruction" (intended demolition in order to <br /> rebuild) and establishes separate standards for each case: <br /> Involuntary Destruction: retains threshold after which rebuild must be <br /> conforming at `damage is 75% or more of fair market <br /> value' <br /> PAGE 39 of 41 <br />