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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ 5. #06-3240 CITY OF ORONO ZONING CODE SECTION 78-1 – DEFINITIONS OF “BASEMENT” AND “STORY” – CODE AMENDMENT - ORDINANCE NO. 37, THIRD SERIES Gaffron stated the Planning Commission approved this proposed amendment on a vote of 6-0 on October 16, 2006. Council reviewed this briefly at the Council meeting of November 12th, and heard comments by Loren Schoenzeit about how the amendment would have negative impacts on the buildability of lots given that our hardcover and lot coverage ordinances force homes to get higher and not wider. Council tabled the amendment, with Staff requesting that this be resolved within 60 days due to its impact on pending permit/variance applications. Council reviewed this again at its work session on January 17 and determined that the amendment should move forward as proposed. The determination whether the lowest level of a building is a story or a basement is based on how much of the foundation is below existing natural grade. The zoning code does not define story and the definition of basement relies on ambiguous or undefined terms. The City has also been relying to some extent on Building Code definitions which are in conflict with certain premises of the City’s ordinances. Staff has been using a “functional definition” that is not written anywhere and has some flaws. This unwritten definition has caused some confusion among architects and builders. Currently Staff is using the “functional definition” that the lower portion of a building is considered as a basement (and not a story) when at least 50 percent of the lowest portion’s perimeter is covered (by pre- existing grade, not filled finished grade) to a height of at least six feet above the lower floor (i.e., we measure up from the lowest floor). The perimeter of the lower level does not include portions of the house or garage that do not have a lower level but are merely “unexcavated.” Staff is recommending that the existing code definitions of basement and ground level be deleted, and the following code revisions be adopted: 1. “Story. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. A story that meets the definition of a basement shall be considered as a basement and not as a story for purposes of determining the number of stories in a building.” Murphy inquired whether it would still functionally be a basement under what is proposed. Gaffron stated if more than 60 percent of it is exposed more than six feet, it might function as a basement but would be considered a story. Murphy inquired what would happen if the City defines it as a story but the developer states he still requires a basement. Gaffron stated it would be considered a functional basement and would be a story by definition. Gaffron stated the structure is limited to two and a half stories. Murphy stated the net effect is to eliminate the three and four level walkout structures. PAGE 7 of 14 Item #04 - CC Agenda 02/26/07 Approval of Meeting Minutes February 12, 2007 [Page 7 of 14]