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MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 28, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 18 (3. #13-3596 CITY OF ORONO – ACCESSORY USES AND STRUCTURES – ZONING ORDINANCE AMENDMENT, Continued) Ordinance Section 26 has been further revised to include or remove certain definitions. The current definition for an accessory use is not changing under the current draft. Accessory use or structure in today’s existing definition is a use or a structure subordinate to and serving the principal use or structure of the same lot customarily incidental to the principal use or structure. While it has been removed from this section, it is already listed elsewhere in the code. Gaffron indicated when we talk about having a list of accessory uses, one of the reasons the City is attempting to create a list of accessory uses is to provide some clarity to what is intended by the code. Given the fact that Staff understands that the code as it exists today can be interpreted in ways different than what has been intended, Staff is attempting with the changes to make a code that is very clear for the public to understand. After much consideration, Staff has concluded that the existing combined definition of “accessory use or structure” is appropriate as opposed to separate definitions for “accessory use” and “accessory structure.” Because the current code has multiple definitions, Staff has deleted the existing definition of “accessory use,” not added a definition of “accessory structure,” retaining the existing definitions of “principal use” and “secondary use.” Also added are the definitions of private recreational sporting facilities and private recreational play facilities. Ordinance Section 27 has been added to revise Shoreland Ordinance Section 78-1281 (Water-Oriented Accessory Structures) to allow flagpoles and small pump houses (no greater than 20 square feet in area and no higher than 48 inches in height) within the lakeshore setback. As drafted, flagpoles would have to be set back from the ordinary high water level a distance that is yet to be determined as well as meet the required principal structure side setback for the zoning district. Setbacks would be no less than the principal structure setback. In a side yard in the one-half and one acre zones, it would be at least ten feet from the side lot line; in the 2-acre zone, it would be a 30-foot side setback; and in a 5-acre zone it would be a 50-foot side setback. Ordinance Section 28 has also been added to review Shoreland Ordinance Section 78-1279 (placement of structures on lots) to add flagpoles and pump houses to the short list of structures not required to meet the average lakeshore setback requirements. Gaffron noted there are a number of existing pump houses already in existence and the standards have been revised to match those of a lockbox. Bremer asked why that specification should be included in Section 2 and not in Sections 1 or 3. Gaffron indicated both a pump house and a lock box are typically at the shoreline or close to the water. A flagpole could be located close to the shore or elsewhere on the property. Gaffron asked if the Council would prefer a specific distance from the shore be required for a flagpole. Bremer stated she does not see the reason for a difference. Gaffron asked if she is suggesting that there not be a standard for flagpoles in the 0-75 foot zone. Bremer stated if they were going to do that, then it would not be necessary for Items 1, 2, and 3, and that she does not understand the philosophy for having a different distance for a flagpole. Item #03 - CC Agenda - 06/10/2013 Approval of Council Minutes 05/28/2013 [Page 3 of 18]