02-22-2011 Planning Commission Packet

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, � #11-3500 Boat Clubs February 14,2011 Page 3 appropriate to protect public interest. The applicant shall demonstrate to the council that all such conditions are met. (S) One caretaker dwelling unit, subject to conditions and limitations for such use that may be imposed by the city council. CUP Becomes a Property Ri�ht. CUPs are issued to the owner of the property,not to a lessee or tenant, because the CUP becomes a property right. Application for a boat club CUP must be , made by the property owner, not merely by the tenant. Any CUP approved will be granted to the owner and tied to the property, with conditions that would apply to any boat club operator at the site. The B-2 District Standards of the zoning code (Sec. 78-661 thru 78-678) do not distinguish between the property owner and lessees in terms of operation requirements. The property owner is responsible for the property remaining in compliance with tlie code regardless of the leases it may choose to enter into with tenants. As a separate but related matter, Orono has been licensing marinas since the 1960's. The marina licensing code (Sec. 94-71 tluu 94-101) establishes in Section 94-73 that the primary business operator on the property shall be the licenseholder, and any businesses subleased on the premises shall be identified by the licenseholder,but will not be separately licensed. A boat club as a tenant of a marina property does not need a separate business license. As a conditional use, under current code the boat club use will only be allowed if it can be shown by the property owner that adequa.te parking is available on the site to accommodate that business operation in addition to all other approved operations on the site. The premise behind this ordinance requirement is that a time-shaze boat club operation has the pofential to create a higher level of use than a standard single-user/single-owner situation; for instance,because of the potential for overlapping parking needs of back-to-back users. Why is Parking a Factor? Parking is largely a site-specific operations management issue. The Code does establish minimum parking requirements for basic marina operation and for certain ancillary uses. However,the code currently contains no specific numerical parking standards for boat clubs. Orono's marina parking requirements are listed in 78-668 and read as follows: Section 78-668. Parking Requirements. Within the B-2 lakeshore business district, the off-street parking facilities shall be su�cient to eliminate any traffic or parking congestion likely to be caused by the business conducted. The parking areas need not be paved but shall be provided with appropriate stormwater runoff quality/quantity controls as may be required in this division. The minimum parking requirements shall be as follows: