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, . <br /> 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 /> Voluntary Destruction: establishes that if less than 50% of fair market value <br /> is retained, or if less than 50% of pre-existing volume <br /> remains then entire structure and site must be made <br /> conforming <br /> - It establishes standards for the expansion of existing nonconforming residence structures <br /> as well as slightly more strict standards for expansion of nonconforming accessory <br /> structures <br /> Gaffron stated that staff recommends the Planning Commission review the attached <br /> Zoning Code revision, hold the required public hearing, make any necessary changes, and <br /> recommend approval in order for Staff to bring it forward to the City Council. <br /> Acting Chair Mabusth questioned whether the `involuntary destruction' should apply to the <br /> nonconforming uses section of the Code as well, as a way to eliminate nonconforming uses <br /> in the community. <br /> Gaffron indicated that he would have to consult the City Attorney on this suggestion. <br /> Hawn asked how the Commission would be administering `voluntary destruction'. <br /> Gaffron stated that the City would need to be provided with specific details of what is <br /> proposed to stay or be removed in a project in order to determine at what point it has gone <br /> past 50% and needs to conform. <br /> Hawn questioned how one would establish value. <br /> Gaffron pointed to the value guidelines used in determining permit fees. He maintained <br /> that this revision will give staff and the Commission a standard to justify rebuild versus <br /> remodel. <br /> Waataja stated that the element citing the removal of`50% of the volume of a structure' <br /> will be extremely useful, along with value, in determining the standard. <br /> Acting Chair Mabusth moved, Hawn seconded, to recommend approval of <br /> Application #02-2829 Nonconforming Uses and Nonconforming Structures <br /> Amendment—Zoning Code Section 78-71. VOTE: Ayes 6, Nays 0. <br /> PAGE 40 of 41 <br />