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MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 28, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 18 (3. #13-3596 CITY OF ORONO – ACCESSORY USES AND STRUCTURES – ZONING ORDINANCE AMENDMENT, Continued) Ordinance Sections 3 through 11 have been reworded to say: “Within any one family residential district, the only permitted accessory uses are the following…” The intent of the wording was to limit the potential list of accessory uses that are allowed to just what is on the list. The very last item in each of those lists talks about other uses that may be customarily incidental and subordinate to the principal use. Staff also looked at the listing of building and structures in terms of what was labeled detached garages and other detached buildings. That has been broken out into three separate line items for clarity. Staff is not totally happy about some of the ramifications of this language and would like the input of the City Council on this item. One of the concerns about using the terms detached accessory structures is that within the confines of something being customarily incidental and subordinate to the principal use is virtually everything that is not a use but is a structure, which can be from a dog house to the patio to any large building to a basketball hoop, would fall under that language. A structure is a term that is all- encompassing and just about anything is a structure that requires a location on the ground. The Planning Commission had recommended that the listings for “private recreational sporting facilities” and “private recreational play facilities be separated out. The definitions have been shortened by removing the examples of those uses and inserting the examples into a definition of each. The definitions attempt to make a distinction between those uses that require a building permit and those that do not, such as mobile equipment, although that distinction is not always clear. At the last City Council meeting, there was a question regarding roadside produce stands. The word temporary has been added to that definition, so if there are roadside produce stands, they would only be allowed for a limited period of time. Page 37 of 39 deals with a detached structure, such as stationary and recreational facilities that require building permits, which is a distinction, and trampolines and other mobile active recreational equipment that do not require a building permit. Similarly, Staff has taken all of the examples out of the list of accessory uses and placed them in the definition for structures or equipment such as hot tubs, barbecue pits, playhouses, etc., and other recreational facilities used for or by the residents. The difference is that many of those things may or may not require a building permit depending on how they are constructed and used. In both listings it is noted that the facilities are required to meet the pertinent accessory structure location and height requirements of the Zoning Chapter. This does not, however, address the fact that the City has historically allowed certain listed uses/structures to be located closer to the lot line than the required accessory structure setback. Gaffron indicated the other key element that shortens the code up significantly is elimination of the page and a half of standards for communication, reception, and transmission devices from each section. Those standards have been placed in a new listing towards the back of the ordinance under supplementary requirements and restrictions. Gaffron noted that set of standards has been in place for a number of years and contains the City’s standards for radio, television receiving antennas, satellite dishes, and amateur shortwave radio. Item #03 - CC Agenda - 06/10/2013 Approval of Council Minutes 05/28/2013 [Page 2 of 18]