01-26-2015 Council Work Session Packet

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. Zoning Ordinance & City Code Review 2015 _ The amendments are shown in �`-`�R��and underline format. Pages 1 through 3 reflect the amendments reviewed by the Planning Commission and voted on following the January public hearings. 5 of the 7 listed will be on the January 26"'agenda for Council consideration. Filg Ci�,y Code Current Language&Pror�osed Chanaes Summarv of Chanae/Comments Pri ri Number; Section Li No. #14-3700 78-1379 Sec. 78-1379. - Alternative energy systems. Modifies prohibition of SWECS by creating 20 (� Wind energy conversion systems. Wind energy conversion systems are not an allowed use or structure within any zoning districts in the city. standards for permitting as accessory uses in communiry. (Current Language shown) Final Draft to be on February 9"'Council agenda. Approved 6-0 � PC 01/20/15 #15-3705 ARTICLE IV DISTRICT REGULATIONS Eliminates unused zoning district categories 23 DIVISION 7 RR-1B-1 ONE-FAMILY RURAL RESIDENTIAL DISTRICT from code. DIVISION 8 M-6 MULTIPLE-FAMILY PLANNED RESIDENTIAL DISTRICT (Full Delete of entire sections) Approved 6-0 � PC 01/20/15 To C. 1/26 #15-3706 78-1211 Shoreland Related Definitions. Clarifies definition - remains consistent with 33 state shoreland rules and Orono's historical Blufi; toe of the, means the lower point of a the lowest fiftv (50) foot segment with an average slope exceeding 18 percent. If the lowest such point consistent ordinance administration. is lakeward of the OHWL the OHWL will be defined as the toe Approved 6-0 � PC 01/20/15 To C. 1/26 #15-3707 78-1405 Nonencroachments. Clarifies language pertaining to permit 28 (a) The following shall not be considered to be encroachments on yard setback requirements: restrictions for retaining walls which cannot be (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational equipment closer than five feet from any side or rear lot except as otherwise regulated. No accessory structure shall be closer than five feet from a rear lot line. line, nor located within an easement. (5.1) No retaining wall of any height shall be located closer than 5 feet from any side or rear property line, never fewer than ten feet from Approved 5-1 � PC 01/20/15 To C. 1/26 the edge of the traveled roadway, or placed within a drainage, utility, or other easement, except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency. #15-3708 78-1405 Nonencroachments. Clarifies applied definition of maximum fence 36 (a)The following shall not be considered to be encroachments on yard setback requirements: height for riparian shoreland lots and establishes (8) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the following standards. For the minimum material permanence criteria. purposes of this section, the term fence height shall mean the measurement from the top of an�part of the fence, including vertical TABLED 6-0 � PC 01/20/15 structural supports, lattice, ornate top design elements! and so forth to a vertical point directly below the top of an existin�qrade on the ro e a. Nonlakeshore lots. 1. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above original grade. 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above original grade. b. Lakeshore lots. 1. Fences within the required street(rear) yard or side street yard of a lakeshore lot shall not exceed 42 inches above original grade. Exception: A fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such fence involves fill or berming, the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. 2. Fences within the required side yard, or rear yard of a lakeshore lot shall not exceed six feet in height, and any portion located lakeward of the average lakeshore setback line shall not exceed 42 inches in height. The term "average lakeshore setback line" means a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the adjacent affected principal residence structure. Updated 1/23/15 Page 1 of 10