The URL can be used to link to this page

Home My WebLink AboutOrd #044/45-3rd Ser/Amending code re: permitted/conditional/accessory uses ORDINANCE NO. 44, THIRD SERIES AN ORDINANCE AMENDING CHAPTER 78, ARTICLE IV, OF THE ORONO CITY CODE CONCERNING PERMITTED USES AND CONDITIONAL USES THE CITY COUNCIL OF ORONO, MINNESOTA, ORDAINS AS FOLLOWS: SECTION 1. City Code Chapter 78, Zoning Regulations, Article N, Division 2, is hereby amended to add subparagraph(4)to "Permitted Uses"and to modify subparagraph(8) regarding "Nonrental guest apartments"under"Conditional uses", as follows: Section 78-227. Permitted uses. (4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall be from within the principal structure. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Section 78-228. Conditional uses. (8) Guest houses and nonrental guest apartments. a. Guest houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. b. Nonrental guest apartments (exterior ingress and egress allowed). An apartment within the principal residence structure on a lot for the sole us of the occupants of the principal residence, including their domestic employees or nonpaying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. The anartment shall be allowed to have a door for ineress and eQress to the exterior of to the buildin�, Application for such a guest apartment shall address the concerns of parking, 1 136626 sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. SECTION 2. City Code Chapter 78, Zoning Regulations, Article IV, Division 3, is hereby amended to add subparagraph(4)to "Permitted Uses" and to modify subparagraph(8)regarding "Nonrental guest apartments"under"Conditional uses", as follows: Section 78-252. Permitted uses. (4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall be from within the principal structure. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Section 78-253. Conditional uses. (8) Guest houses and nonrental guest apartments. a. Cruest houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. b. Nonrental guest apartments (exterior in�ess and egress allowed). An apartment within the principal residence structure on a lot for the sole us of the occupants of the principal residence, including their domestic employees or nonpaying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. The anartment shall be allowed to have a door for inQress and eQress to the exterior of to the buildin�. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. 2 136626 SECTION 3. City Code Chapter 78, Zoning Regulations, Article IV, Division 4, Subdivision II, is hereby amended to add subparagraph(4) to "Permitted Uses" and to modify subparagraph (8) regarding"Nonrental guest apartments" under"Conditional uses", as follows: Section 78-302. Permitted uses. (4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall be from within the principal structure. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Section 78-303. Conditional uses. (8) Guest houses and nonrental guest apartments. a. Guest houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. b. Nonrental guest apartments (exterior ingress and e�ress allowed). Aii apartment within the principal residence structure on a lot for the sole us of the occupants of the principal residence, including their domestic employees or nonpaying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. The anartment shall be allowed to have a door for �n�ess and eQress to the exterior of to the building. Apphcation for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. SECTION 4. City Code Chapter 78, Zoning Regulations, Article N,Division 4, Subdivision III, is hereby amended to add subparagraph (4)to "Permitted Uses" and to modify subparagraph (7)regarding"Nonrental guest apartments" under"Conditional uses", as follows: 3 136626 Section 78-327. Permitted uses. (4) Nonrental guest apartments (no exterior ingress oY egress). An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests•the erinci al structure.�Appl caton fo�such a guestnt shall be from wrthin p p apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. 5ection 78-328. Conditional uses. ('7) Guest houses and nonrental guest apartments. a. Guest houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. b. Nonrental guest apartments (exterior ingress and egr'ess allowed). An apartment within the principal residence structure on a lot for the sole us of the occupants of the principal residence, including their domestic employees or nonpaying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. The avartment shall be allowed to have a door for in�ress and e�ress to the exterior of to the buildm�. Appllcation for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. 5ECTION 5. City Code Chapter 78, Zoning Regulations, Article N,Division 4, Subdivision IV, is hereby amended to add subparagraph(5) to "Permitted Uses" and to modify subparagraph (8)regarding"Nonrental guest apartments"under "Conditional uses", as follows: 5ection 78-347. Permitted uses. (5) Nonrental guest apartments (no exterior ingress or egYess). An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall be from within the principal structure. Application for such a guest 4 136626 apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Section 78-348. Conditional uses. (8) Guest houses and nonrental guest apartments. a, Guest houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. b. Nonrental guest apartments (exterior ingr'ess and egress allowed). An apartment within the principal residence structure on a lot for the sole us of the occupants of the principal residence, including their domestic employees or nonpaying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. The anartment shall be allowed to have a door for �naress and eQress to the exterior of to the buildm . Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. SECTION 6. City Code Chapter 78, Zoning Regulations, Article IV,Division 4, Subdivision V, is hereby amended to add subparagraph(5)to "Permitted Uses" and to modify subparagraph(8) regarding"Nonrental guest apartments"under"Conditional uses", as follows: Section 78-366. Permitted uses. (5) Nonrental guest apartments (no exterioY ingress or egress). An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall be from within the principal structure. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. 5 136626 Section 78-367. Conditional uses. (g) Guest houses and nonrental guest apartments. a. Guest houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. b, Nonrental guest apartments (exterior ingr'ess and egress allowed . An apartment within the principal residence structure on a lot for the sole us of the occupants of the principal residence, including their domestic employees or nonpaying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. The anartment shall be allowed to have a door for in ess and e�ress to the exterior of to the buildm�. Appllcaiion for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. SECTION 7. City Code Chapter 78, Zoning Regulations, Article IV,Division 5, is hereby amended to add subparagraph(4)to"Permitted Uses" and to modify subparagraph(9)regarding "Nonrental guest apartments"under"Conditional uses", as follows: Section 78-392. Permitted uses. (4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall be from within the principal structure. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Section 78-393. Conditional uses. (9) Guest houses and nonrental guest apartments. a, Guest houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying 6 136626 guests. All regular lot requirements shall be met by the guest house. b. Nonrental guest apartments (exterior ingress and egress allowed). An apartment within the principal residence structure on a lot for the sole us of the occupants of the principal residence, including their domestic employees or nonpaying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. The avartment shall be allowed to have a door for ingress and eQress to the exterior of to the building. Apphcation for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. SECTION 8. City Code Chapter 78, Zoning Regulations, Article IV, Division 6, is hereby amended to add subparagraph(5)to"Permitted Uses" and to modify subparagraph(8)regarding "Nonrental guest apartments"under"Conditional uses", as follows: Section 78-417. Permitted uses. (5) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall be from within the principal structure. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Section 78-418. Conditional uses. (8) Guest houses and nonrental guest apartments. a. Guest houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. b. Nonrental guest apartments (exterior inQress and egress allowed). An apartment within the principal residence structure on a lot for the sole us of the occupants of the principal residence, including their domestic employees or nonpaying guests. There shall be at 7 136626 least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. The anartment shall be allowed to have a door for ineress and e�ress to the exterior of to the buildin�. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. SECTION 9. City Code Chapter 78, Zoning Regulations, Article IV,Division 7, is hereby amended to add subparagraph(6) to"Permitted Uses" and to modify subparagraph(8)regarding "Nonrental guest apartments"under"Conditional uses", as follows: Section 78-441. Permitted uses. (6) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall be from within the principal structure. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Section 78-442. Conditional uses. (8) Guest houses and nonrental guest apartments. a. Guest houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. b. Nonrental guest apartments (exterior ingr'ess and egress allowed). An apartment within the principal residence structure on a lot for the sole us of the occupants of the principal residence, including their domestic employees or nonpaying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. The anartment shall be allowed to have a door for ingress and eeress to the exterior of to the buildin�. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the 8 136626 principal residence utilities and shall not have a separate street address. SECTION 10. City Code Chapter 78, Zoning Regulations, Article IV,Division 8, is hereby amended to add subparagraph(3)to "Permitted Uses" and to modify subparagraph(8)regarding "Nonrental guest apartments"under"Conditional uses", as follows: Section 78-475. Permitted uses. (3) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests. The only means of ingress or egress to the aparhnent shall be from within the principal structure. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Section 78-476. Conditional uses. (8) Guest houses and nonrental guest apartments. a. C'ruest houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. b. Nonrental guest apartments lexterior inQress and egress allowed). An apartment within the principal residence structure on a lot for the sole us of the occupants of the principal residence, including their domestic employees or nonpaying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. The anartment shall be allowed to have a door for �nQress and eQress to the exterior of to the buildin�. Apphcation for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. 9 136626 SECTION 11. This Ordinance shall be effective upon approval and publication. Adopted by the City Council of Orono on this 25th day of February , 2008 by a vote of 5 ayes and 0 nays. � (��c,� im ite, Mayor ATTEST: �� Linda S. Vee, City Clerk Published the week of March 20, 2008 in the Sun Sailor newspapers. 10 136626 ORDINANCE NO. 45, THIRD SERIES AN ORDINANCE AMENDING CHAPTER 78, ARTICLE IV AND ARTICLE X, OF THE ORONO CITY CODE CONCERNING CONDITIONAL AND ACCESSORY USES THE CITY COUNCIL OF ORONO, MINNESOTA, ORDAINS AS FOLLOWS: SECTION 1. City Code Chapter 78, Zoning Regulations, Article IV, Division 2, is hereby amended to modify subparagraph (17) regarding"plumbing within an accessory building"under "Conditional Uses", as follows: Sec. 78-228. Conditional uses. (17) The provision of a�e�e�;bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower�will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. � Th� o,.� �� .n .,�,.o� ;,, ,,,.o i - Y::1....j� {4V1 VJ ..� �,.��.a vi.�srbcr �:c. The accessory building is conforming in location, size and height. e:d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. 1 SECTION 2. City Code Chapter 78, Zoning Regulations, Article IV,Division 3, is hereby amended to modify subparagraph(17) regarding"plumbing within an accessory building"under "Conditional Uses", as follows: Sec. 78-253. Conditional uses. (17) The provision of a�e�e�bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower�g�'ill not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. E . �:c. The accessory building is conforming in location, size and height. �d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2, Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 3. City Code Chapter 78, Zoning Regulations, Article N,Division 4, Subdivision II, is hereby amended to modify subparagraph(17)regarding"plumbing within an accessory building"under"Conditional Uses", as follows: Sec. 78-303. Conditional uses. (17) The provision of a�e�e�bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming 2 sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower�i�rg will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. � . . �c. The accessory building is conforming in location, size and height. �d. The property owne�r agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 4. City Code Chapter 78, Zoning Regulations, Article IV,Division 4,Subdivision III, is hereby amended to modify subparagraph (16) regarding"plumbing within an accessory building"under"Conditional Uses", as follows: Section 78-328. Conditional uses. (16) The provision of a�e�e�;bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower�ig will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. 3 � . . �c. The accessory building is conforming in location, size and height. �d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 5. City Code Chapter 78, Zoning Regulations, Article IV, Division 4, Subdivision IV, is hereby to modify subparagraph(17) regarding"plumbing within an accessory building" under"Conditional Uses", as follows: Section 78-348. Conditional uses. (17) The provision of a�e�bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower�will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. � �rt,o,. ro,-�..;� � n ., o o ,.�.,,.�.o,. �c. The accessory building is conforming in location, size and height. �d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 4 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 6. City Code Chapter 78, Zoning Regulations, Article IV,Division 4, Subdivision V, is hereby amended to modify subparagraph(17) regarding"plumbing within an accessory building"under"Conditional Uses", as follows: Section 78-367. Conditional uses. (17) The provision of a�e�e�bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower�i�g will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. � •rt, o..f. � � n .,,.�:.. �.�w.,:t..,.�e_. "`b" �c. The accessory building is conforming in location, size and height. e:d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under � any circumstances. SECTION 7. City Code Chapter 78, Zoning Regulations, Article IV, Division 5, is hereby amended to modify subparagraph(14) regarding"plumbing within an accessory building"under "Conditional Uses", as follows: 5 Section 78-393. Conditional uses. (14) The provision of a�e�e�bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower�g will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. rr�, e,-� � � n ,.i„ � r r �' � '�� :c. The accessory building is conforming in location, size and height. �d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 8. City Code Chapter 78, Zoning Regulations, Article IV, Division 6, is hereby amended to modify subparagraph(16) regarding"plumbing within an accessory building"under "Conditional Uses", as follows: Section 78-418. Conditional uses. (16) The provision of a�e�e�bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower�will not be detrimental to the residential character of the neighborhood. 6 b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. �, -r�, e..�..;� � n ., e ,.i.,,-,.o,- r r � �c. The accessory building is conforming in location, size and height. �d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 9. City Code Chapter 78, Zoning Regulations, Article IV,Division 7, is hereby amended to remove subparagraph(10) regarding"plumbing within an accessory building"under "Accessory Uses" and add subparagraph(17)regarding"plumbing within an accessory building' under"Conditional Uses", as follows: Sec. 78-442. Conditional uses. (17) The�rovision of a bathtub or shower in an accessorv buildinQ. Abproval shall be conditioned on�rovision of municipal sanitarv sewer or a conformin� sewa�e treatment svstem desi�ned to handle the anticipated flows from the buildin� �lumbin� Approval shall be �ranted onlv when the followin�criteria axe met: a The council finds that the proposed use of the accessorv structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b The council finds that the plumbing fixtures proposed are in keepin�with the intended use of the accessorv buildin�. c The accessory building is conformin�in location, size and height. d The propert�owner agrees to the filin� of a covenant in the title of the propertyproviding that the accessorv buildin�will not be: 1 Used for a home occupation unless specificallv approved bv the city or if allowed by this Code. 7 2 Used as a dwelling unless a Quest house conditional use permit is obtained. 3 Rented leased or otherwise provided for use as a dwellin�under any circumstances. �., . �Q �� ,. ��,,,.., ::��. � t t� a'�' - a � .,.,t � „'� „�' — - y �'r � 4.� �.�., + � .i o 0!1 +..1..� '1 ti,� +. .� + �7 fl., �. f-.-�,.�„ +L.4 b � �� : Tl, '1 f' rl . ....,...�.. �......, ..__- ---- r--r---- -- - �� b. Tl,. '1 � .a , , � t �' 4 ' - 1 -� - +h . ...,......... �....�., .__... '--- r----------o ------- - , . - — �k ' * .7 .a F�l. .1.,,;1.a;,u.� cricZrrccrraca��'vz crt �j p Tl-, o,-�..;� 7 !1 ., ,-1.,,-.,o.- E Y Y J � � o � Tb. b, '1 � - 1 �' - .7 L. ..L.� � a o TL. ,-� � +b.o �;1; v� 1 TT .7 � L. �' '--'-- '�' 11 0,71�<.4l-0 �� rr � +-- -;�.,ii,,..,ea �.��.i.;� r,,,�o " - -- 7 T T .i .a 11' 1 .a;�;., .,1 , o«o ;+; `�ii—C'L'TCJCT'o Cc:7v-vvaaua r . ......�� _ � _" '_____o �+ - �� '2 D 4 ,a t .a 4l, ' � •a 11' tr� . ..«..� .�....�...,_ .,.---_.._..- r-- �---- -- - ., SECTION 10. City Code Chapter 78, Zoning Regulations,Article IV, Division 8, is hereby amended to modify subparagraph(16)regarding"plumbing within an accessory building"under "Conditional Uses", as follows: Section 78-476. Conditional uses. (18) The provision of a�ei�e�bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the 8 . � � building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower�tt�g will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. E rrt� ,+..;� � n ,,,.,-� : ,.i.,,-„o,. r r � � �c. The accessory building is conforming in location, size and height. �d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 11. City Code Chapter 78, Zoning Regulations, Article X,Division 3, is hereby amended to modify subparagraph(2)regarding"plumbing within an accessory building"under "Section 78-1437. Plumbing", as follows: Sec. 78-1437. Plumbing. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit residential development density to the allowed densities within the respective zoning districts,plumbing in accessory buildings shall be regulated as follows: (1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building that is conforming in location, size and height. (2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a�e�e� shower or bathtub shall be allowed in any accessory building that is conforming in location, size and height with, subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows frorn such fixtures, and subj ect to the property owner's executing a covenant providing that the accessory building will not be: 9 M 1 a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. (3) Installation of any combination of fixtures requiring wastewater plumbing that includes a�;shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height and which meets one of the following criteria: a. The accessory building has been approved for a guest house conditional use permit; or b. The accessory building has been approved for a�r�g bathtub or shower in accessory building conditional use permit. SECTION 12. This Ordinance shall be effective upon approval and publication. Adopted by the City Council of Orono on this 25th day of February , 2008 by a vote of 5 ayes and � nays. � � >�r'��_ k,c�tlL, im ite,Mayor ATTEST: � r .�� ' � Linda S. Vee, City Clerk Published the week of March 20, 2008 in the Sun Sailor newspapers. 10