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NIINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Tuesday,February 19,2013 <br /> 6:30 o'clock p.m. <br /> Gaffron recommended the Planning Commission understand the difference between the City's definition <br /> of building and structure. A building means any structure that has a roof which may provide shelter or <br /> enclosure of persons, animals or chattel. A structure means anything which is built, constructed or <br /> erected and does not necessarily have to be a building. <br /> Each of the City's residential zoning districts specify a list of permitted accessory uses. General <br /> performance standards for accessory uses and structures pertinent to all residential districts are contained <br /> within a variety of sections in Chapter 78. <br /> In addition to the standards within each district, listed on Page 2 of the memo are the general performance <br /> standards for accessory uses and structures pertinent to all residential districts. They include such things <br /> as height of structures, dwelling uses that are prohibited,home occupations, lot coverage,tennis courts, <br /> pools,paddocks and arenas,non-encroachments. <br /> Sections 1431 through 1440 are the standards the City has in place for accessory structures. Various <br /> sections within the performance standards regulate various usage aspects of both principal and accessory <br /> structures. <br /> In addition,elements of certain sections further regulate specific accessory structures or uses. These <br /> include floodplain management, shoreland management,wetlands protections, and the City's stormwater <br /> quality overlay district. <br /> Gaffron noted Staff has just started its review of these items and the next step will be to compile a <br /> comprehensive list of uses, structures or buildings that the City should have standards for. <br /> City Attorney Mattick stated he would encourage the Planning Commission to begin by looking at <br /> accessory uses and structures. The City's code includes accessory structure and use,which are two <br /> different things but are contained in one definition. It is not that uncommon to have those two items <br /> contained within the same code provisions and it is done with the idea that you have a primary use on <br /> your property,which is usually your house. An accessory use and structure definition is to cover <br /> ancillary uses or structures associated with the home. <br /> Mattick stated while Staff has included an analysis on use,the more pressing reason for the moratorium is <br /> to allow Staff time to take a look at structures. The City's code currently identifies structures in two <br /> separate ways. One way is by having a defined list of accessory structures. Many times when you look at <br /> a properly,you will see there are other structures that are not included on the list and it is normal to <br /> question why they are not on the list. The City's code addresses that by defining what an accessory <br /> structure is. Mattick indicated there are some things that are incidental and customary that are associated <br /> with the primary structure. <br /> Mattick stated in his view the code actually does a pretty good job of making allowances for that. There <br /> is also a judgment call in there regarding customary and incidental which can sometimes cause problems, <br /> but a completely comprehensive list would be very difficult to compile since you cannot possibly think of <br /> everything. Mattick stated you also have the issue of something that"kind of'fits within the definition of <br /> an accessory structure or use and then the property owner gets the benefit of doubt. <br /> Staff discussed the merits of creating a comprehensive list. Mattick stated he does not feel that is <br /> practical but perhaps should be discussed by the Planning Commission. Beyond that,there is also the <br /> Page 20 of 23 <br />