03/19/2012 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 19,2012 6:30 o'clock p.m. Exhibit B goes through the different code sections regarding dock rentals. The definition in both the zoning code and licensing section defines the marina business as being engaged in one or more of the permitting accessory or conditional uses that are allowed in the B2 district,which is the marina district. Another definition says that within the B2 district,rental of in-water boat slips is a permitted use as is on land storage of boats during the summer. One of the basic principles of zoning is if the use is not listed as a permitted accessory or permitted use, it is not allowed. Rental of in-water boat slips is not listed as a permitted accessory or permitted use in any of the residential zoning districts. In those districts,private docks are an allowed accessory use. Private docks are not specifically defined in the code. The City has continually stated and the courts have upheld that a private dock is an accessory structure which is used by definition is used exclusively for purposes incidental of those of the principal use for the use of the owners or occupants of the property. The licensing section also states that the business of docking, mooring or storing of boats is renting or otherwise providing space, including boats, buoys for docking, mooring or storing one or more boats belonging to persons other than the owner or occupant of the property except when licensed as a joint use or business use, such as engaging in either the marina business or in the business of docking or storing boats. Gaffron noted there is also a document in the packet that talks about how the definition of dock rental regulation has evolved since 1962. Item No 6 of the licensing section also says that it is unlawful for any person to engage or participate in business use without first having obtained an annual license. Item No. 7 of the licensing section says that you cannot get a business use license unless you are in the B2 marina business district. Slip rentals are considered a marina business and slip rental requires a marina business license. Marina businesses are not allowed to be licensed in residential district. Gaffron stated that is the series of ordinances currently in force today that prevents rental of slips at residential properties. Last May Staff brought before the Planning Commission and City Council a text amendment that was intended to make it less of a tedious review so that it would be combined in one location of the Code. Gaffron noted the Code itself has changed through the years. In addition,the definitions through the years have changed regarding what is considered to be a boat owner's relationship to a property. In 1962, when the first code was adopted, it talked about persons other than the owner of the property not being allowed to have boats at the property. That was changed in 1974 to allow persons other than the owner or renter of the property. That changed again in 1984 to persons other than the owner or occupant of the property. The Council pointed out that this language constitutes a violation if a property owner were to allow a neighbor or a relative to keep a boat at their dock. Staff feels that is problematic because there are situations where a relative may want to have a boat at their relative's dock. There are also situations in neighborhoods where someone does not have a boat or has a few boats and someone would like to use that boat slip. The existing code historically has been enforced primarily when a complaint is received. The City receives a number of complaints each year. Staff has identified and documented 14 complaints or situations where there has been a violation in the last three fiscal years. Orono has approximately 1,000 lakeshore properties, so the number of complaints amount to less than one percent. The questions or Page 16