HomeMy WebLinkAboutOrd #082-3rd Ser/Amending code re: permitted/conditional/accessory uses SUMMARY OF ORDINANCE NO. 82 ,THIRD SERIES
AN ORDINANCE AMENDING THE ORONO CITY CODE
REGARDING PERMITTED, CONDITIONAL,AND
ACCESSORY USES IN RESIDENTIAL DISTRICTS
This ordinance amends the city code zoning regulations for the City of Orono regarding
permitted, conditional, and accessory uses in R-1 A, R-1 B, LR-1 A, LR-1 B, LR-1 C, LR-1 C-1,
RR-lA, RR-1B, AND RR-1B-1 residential districts. This ordinance shall be effective upon
adoption and publication according to law.
A printed copy of the ordinance is available for inspection by any person during City Hall
regular office hours.
Adopted by the City Council of the City of Orono, Minnesota on this 13th day of
December, 2010 by a vote of 5 ayes and � nays.
ATTEST:
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Linda S. Vee, City Clerk J es M. White, Mayor
Published in the Sun Sailor newspaper the week of IDecember 23, 2010
ORDINANCE NO. 82 , THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, NIINNESOTA
AN ORDINANCE AMENDING THE ORONO CITY CODE REGARDING
PERMITTED, CONDITIONAL,AND ACCESSORY USES IN R-lA,R-1B,LR-lA,LR-
1B,LR-1C,LR-1C-1,RR-lA, RR-1B,AND RR-1B-1 RESIDENTIAL DISTRICTS
THE CITY COUNCIL OF THE CITY OF ORONO,MINNESOTA ORDAINS:
SECTION 1. The following language has been deleted and added to Section 78-1 (Definitions)
of the Orono City Code:
Sec. 78-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context cleazly indicates a different
meaning. Unless specifically defined in this section,the words and phrases used in this chapter
shall have the meanings given to them in chapter 82.
Accessory use or structure means a use or structure subordinate to and serving the
principal use or structure on the same lot and customarily incidental to the principal use or
structure.
Ag�iculture means the utilization of land by raising plants,trees or shrubs or the raising
of domestic animals or fowl, or both, for the purpose of selling to secure a profit.
Airport and heliport mean any land,water or structure which is used or intended for use
for the landing or takeoff of aircraft, and any appurtenant land structure used or intended for use
for port buildings or other port structures or right-of-way.
Alley means a public right-of-way which affords a secondary means of access to abutting
property.
Amusement center means a business at one location devoted primarily to the operation of
amusement machines as described below and open for public use and participation; or locations
with four or more amusements machines and open for public use and participation.
Amusement machine means a mechanical amusement device of any of the following
types:
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(1) A machine or electronic contrivance, including "pinball"machines,mechanical
miniature pool tables,bowling machines, shuffle boards, electric rifle or gun
ranges,miniature mechanical and electronic devices and games or amusements
patterned after baseball,basketball,hockey or similar games and like devices,
machines or games which may be played solely for amusement and not as a
gambling device and which devices or games are played by the insertion of a coin
or coins or at a fee fixed and charged by the establishment in which such devices
or machines are located, and which contain no automatic payoff devices for the
return of money, coins,merchandise, checks, tokens or any other thing or item of
value; provided,however, that such machine may be equipped to dispense
nominal prizes, such as candy or toys, or coupons or tokens redeemable for such
prizes. The term does not include coin-operated music machines.
(2) Amusement devices designed for and used exclusively as rides by children, such
as,but not limited to,kiddie cars,miniature airplane rides,mechanical horses and
other miniature mechanical devices, not operated as a part of or in connection
with any carnival, circus, show, or other entertainment or exhibition.
Animal unit means, for one animal unit equivalency, one cow or steer; one horse, donkey
or burro; three sheep; or 50 fowl.
Antenna means any of the following uses,which require an antenna and are subject to the
regulations of this chapter:
(1) Antenna,personal wireless service, means a device consisting of a metal, cazbon
fiber, or other electromagnetically conductive rods or elements,usually arranged
in a circular array on a single supporting pole or other structure, and used for the
transmission and reception of wireless communication radio waves,including
cellular,personal communication service (PCS), enhanced specialized mobilized
radio (ESMR),paging and similar services, including the support structure.
(2) Antenna, radio and television receiving, means a wire, set of wires,metal or
carbon fiber elements, other than satellite dish antennas,used to receive radio,
television or electromagnetic waves, including the supporting structure.
(3) Antenna, satellite dish, means a device incorporating a reflective surface that is
solid, open mesh or bar configured and is in the shape of a shallow dish, cone,
horn or cornucopia. Such device is used to transmit andJor receive radio or
electromagnetic waves between terrestrially and/or orbitally based uses. This
definition shall include but is not limited to what aze commonly referred to as
satellite earth stations, TVROs (television,receive only) and satellite microwave
antennas and their support structures.
(4) Antenna, shortwave radio transmitting and receiving, means a wire, set of wires
or a device, consisting of a metal, carbon fiber, or other electromagnetically
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conductive element used for the transmission and reception of radio waves used
far shortwave radio communications, including the supporting structure.
Antenna support structure means any building or other structure other than a tower which
can be used for location of antennas.
Antenna tower means a self-supporting lattice, guyed or monopole structure constructed
from grade which supports personal wireless service antennas.
Auto reduction yard means a lot or yard where two or more licensed motor vehicles or
their remains axe kept for the purpose of dismantling, sale of parts, sale as scrap, storage, or
abandonment.
Automobile repair, major, means general repair, rebuilding of trailers, including body
work, framework and major painting service.
Automobile repair, minor, means the replacement of any part or repair of any part which
does not require the removal of the engine head or pin, engine, transmission or differential;
incidental body and fender work; and minor painting and upholstering service when such service
is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross rating.
Basement means that portion of a building that is partly or completely below the existing
ground level. A basement shall be considered as a story for purposes of determining the number
of stories in a building,when the finished surface of the floor above the basement is more than
six feet above the existing ground level for more than 50 percent of the basement's perimeter.
The perimeter of the basement does not include portions of the house or garage that do not have
a lower level but are merely"unexcavated". Artificially raising the grade adjacent to the
foundation of a structure (by filling or by a combination of filling and retaining walls) above the
surrounding natural terrain shall not be allowed as a method for converting a defined story to a
defined basement,regardless of any other benefits to the property of such action. Finished grade
that increases more than one foot from existing ground level shall be considered as artificially
raising the grade. However, artificially raising the grade when such action merely restores a
previously excavated site to its original natural grade may used as a method for converting a
defined story to a defined basement.
Basement, walkout, means a basement having an entrance at grade level.
Boardinghouse means a building other than a motel or hotel where, for compensation and
by prearrangement for definite periods,meals or lodgings are provided for three or more persons,
but not to exceed eight persons.
Building means any structure having a roof which may provide shelter or enclosure of
persons, animals or chattel; and when the structure is divided by party walls without opening,
each portion of such building so separated shall be deemed a separate building.
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Building height means the vertical distance between the highest adjoining ground level at
the building or ten feet above the lowest ground level,whichever is lower, and the top of the
cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or
other arch-type roof, or the median height of the highest gable of a pitched or hipped roof.
Topographic changes which elevate the adjoining ground level above the existing terrain shall
not be considered in determining building height. For a pitched or hipped roof situation,
regardless whether the highest living space in a building is a half-story or full story, if the highest
living space contains windows (excluding skylights) the upper measuring point for defining
building height shall be the median height of the top of the highest window and the highest peak
of the roof.
Bulk station means distributors' warehouses for materials which aze stored in tanks above
ground in aggregate capacity on the site of 6,000 gallons or more.
amn means a narcel of land with nermanent buildin�s. tents or other structures to�ether
with annurtenances thereon. established or maintained as livinE auarters where both food and
lod�in�or facilities therefore are nrovided for ten or more neonle. onerated continuouslv for a
neriod of five davs or more each vear for educational. recreational. or vacation nurnoses. and the
use of the camn or narticination in its nroerams are nrovided to adults and/or children free of
char�e or for navment of a fee. This definition does not include cabin and trailers cambs. fishin�
and huntin� camns.resorts.nenal and correctional camns. industrial and construction camns, nor
does it include homes onerated for care or treatment of children and for the oneration of which a
license is reauired bv State law or structures used as a dwellin�.
Carpo�t mea.ns an automobile shelter having one or more sides open.
Cellar means that portion of the building having more than half of the floor-to-ceiling
height below the average grade of the adjoining ground.
City means the City of Orono, Minnesota.
Clean fill means all native soils as described in the Unified Soils Classification System.
Organic, manmade and reprocessed materials, topsoil and rocks larger than 0.25 cubic yard (2.9
feet diameter) shall not be considered clean fill.
Commercial kennel means any premises where three or more domestic animals over six
months of age are owned,boarded,bred or offered for sale.
Commercial operations means operations where business is conducted by the sale or
exchange of goods and/or services on the site for money or other valuable consideration.
Commercial recreation means indoor atnusement centers,bowling alleys,billiard halls,
miniature golf, roller and ice skating rinks, driving ranges,movie theaters, gyms, swimming
pools, and sports a.nd health facilities. No commercial recreation use shall take place outside of
an enclosed building. An air-supported structure shall not be considered a building for purposes
of this section. As used in this ordinance, commercial recreation does not include an adult use
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defined in section 78-1377b., any use involving the discharge of a fireann, a class II restaurant
that provides live entertainment, or any permitted or conditional use in the B-2 district.
Commission means the planning commission.
Cron fann means a narcel of land comnrisin� an area of ten or more acres that are used
for the Qrowin�of nlants. trees or shrubs with or without nrofit.
Dwelling means a building or one or more portions of a building designed or intended to
be occupied exclusively for residence purposes,but not including rooms in motels,hotels,
nursing homes,boardinghouses,nor trailers, tents, cabins or trailer coaches. A dwelling shall not
be interpreted to include lodging rooms.
Dwelling, attached, means a dwelling which is joined to another dwelling at one or more
sides by a party wall or wa11s.
Dwelling, detached, means a dwelling which is entirely surrounded by open space on the
same lot.
Essential services means the erection, construction, alteration, or maintenance of
underground or overhead gas, electrical, steam, or water transmission or distribution systems,
collection, communication, supply or disposal systems by public utilities,municipal or other
governmental agencies,but not including buildings.
Existing ground level means the elevation of the grade at the base of an existing structure,
measured at points abutting the foundation wall, or the existing grade of a vacant lot.
Family means an individual; or two or more persons each related by blood,marriage or
adoption,living together as a single housekeeping unit; or a group of not more than four persons
not so related,maintaining a common household.
Family dwelling, multiple, means any structure made up of two or more attached
dwellings.
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Farm animals means cattle horses mules. sheen._�oats llamas alnacas. swine.nonies.
ducks geese turkevs. chickens. �uinea hens and honevbees.
Garage,private, means a detached accessory building or portion of the principal
building,including a carport,which is used primarily for storing passenger vehicles,trailers or
one truck of a rated capacity of not more than 1.5 tons.
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Guest apartment means an aparhnent within a principal residence structure for the sole
use of the occupants of the principal residence, including their domestic employees or their
nonpaying guests,with at least one access door to the apartment from within the principal
structure, such door being the primary access to the apartment.
Guest house means an accessory separate dwelling constructed on an existing undivided
lot for the sole use of the occupants, including their domestic employees or their nonpaying
guests, of the primary dwelling. All regular lot requirements shall be met by the guest house.
Half story means the uppermost floor of a building in which (i) the intersection of the
exterior wall and the roof is not more than three feet above the floor elevation, and(ii)not more
than 60 percent of the floor area within the exterior walls of the uppermost floor exceeds five
feet in height as measured from the floor to the rafters. Floors exceeding these parameters shall
be deemed a full story.
Hard cover means any structure,blacktop or other material which interferes to any
degree with the direct absorption of rainfall into the ground.
Home occupation means any gainful occupation carried out by the occupant of a
residential dwelling unit that occurs within the principal or accessory building on the property
and does not change the primary residential use of the property. Level 1 and level2 home
occupations shall be as defined in [section] 78-1376.
Hotel means a building containing eight or more guest rooms in which lodging is
provided with or without meals for compensation and which is open to transient or permanent
guests or both, and where no provision is made for cooking in any guest room, and in which
ingress and egress to and from all rooms is made through an inside lobby or office supervised by
a person in charge.
Junkyard mea.ns an area where used,waste, discarded or salvaged materials are bought,
sold, exchanged, stored,baled, cleaned,packed, disassembled or handled, including but not
limited to scrap iron and other metals, paper, rags, rubber products,bottles and lumber. Storage
of such material in conjunction with a permitted manufacturing process when within an enclosed
area or building shall not be included.
Librarv. Dublic means a librarv onerated bv Hennenin Countv: or a nonnrofit librarv
intended for use bv the �eneral nublic.
Lot area means the area of a lot in a horizontal plane bounded by the lot lines,but not
including a.ny area occupied by the waters of a duly recorded lake or river or wetland or area
which has been dedicated as public right-of-way.
Lot, back, means a lot typically separated from a public or private road by another lot and
which gains access to the public or private road via a narrow corridor. Such a separated lot is
considered to be a back lot when the corridor is platted as an outlot. A separated lot is considered
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to be a flag lot when the corridor is platted as part of the lot. When the corridor is merely an
easement over another lot, the separated lot is considered to be an easement back lot.
Lot, corner, means a lot situated at the junction of, and abutting on, two or more
intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the
interior angle of which does not exceed 135 degrees.
Lot depth means the mean horizontal distance between the front lot line and the reax lot
line of a lot.
Lot,front, means a lot abutting a public or private road, across which an outlot has been
platted for access to a back lot.
Lot, interior, means a lot other than a comer lot.
Lot line means the property line bounding a lot; except that where any portion of a lot
extends into the public right-of-way or a proposed public right-of-way,the line of such public
right-of-way shall be the lot line.
Lot line,front, means that boundary of a lot which abuts an existing or dedicated public
or private street, and in the case of a corner lot it shall be the shortest dimension on a public or
private street. If the dimensions of a corner lot are equal, the front lot line shall be designated by
the owner and filed in the office of the building inspector.
Lot line, rear, means that boundary of a lot which is opposite the front lot line. If the rear
lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall
be a line ten feet in length within the lot,parallel to and at the maximum distance from the front
lot line. On a lakeshore lot, the rear lot line is the lot line that is opposite the natural ordinary
high water mark at the lakeshore.
Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.
Lot, lot of record, means any lot for which a deed or registered land survey has been
recorded in the office of the Register of Deeds or the Registrar of Titles for Hennepin County
prior to January 1, 1975, and after approval by the council if required.
Lot, through, means a lot which has a pair of opposite lot lines abutting two substantially
parallel streets, and which is not a corner lot. On a through lot,both street lines shall be front lot
lines for applying this chapter.
Lot width means the horizontal distance between side lot lines measured at the following
locations:
(1) For lots which do not abut a lake or tributary, at the rear of the required front
yard,measured para11e1 to the front lot line.
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(2) For lots which abut a lake or tributary, at the shoreline measured in a straight line
between the points at which the side lot lines intersect the OHWL, and at the
required structure setback from the OHWL, measured in a straight line between
the points of intersection of the side lot lines with the structure setback line.
Mobile home means any type of structure or vehicle which ca.n be readily adapted to or
does provide facilities for a person to eat or sleep which is mounted on wheels,has provisions for
wheels, or may be loaded on an ordinary flatbed truck, such as a house trailer, converted bus or
truck,tent or small building.
Motor court, motor hotel, and motel mean a building or group of buildings other than a
hotel used primarily as a temporary residence.
Motor freight terminal means a building or area in which freight brought by motor truck
or railroad is transferred and/or stored for movement in intrastate shipment by motor truck.
Municipal buildings or facilities means only those structures owned and operated by the
city.
Nonconforming structure means any structure legally existing upon January 1, 1975,
which would not conform to the applicable regulations if the structure were to be erected under
the provisions of this chapter.
Nonconforming use means use of land,buildings or structures legally existing on January
1, 1975, which does not comply with all the regulations of this chapter or any amendments to it
governing the zoning district in which such use is located.
Noxious matter or materials means material capable of causing injury to living organisms
by chemical reaction, or is capable of causing detrimental effects on the physical or economic
well-being of individuals.
Nursery, day, means a use where care is provided for pay for three or more children
under kindergarten age for periods of four hours or more per day.
O�ce means a commercial land use involving predominantly administrative, clerical, or
professional operations. Commercial offices may include professional administrative training,
but shall not include direct retail commercial transaction activities.
Office—Showroom means a commercial land use that is comprised of offices and other
indoor floor area in which large or bulk goods axe both on display and being warehoused in the
same space. Examples of such uses commonly include fumiture,building materials, or other
similar uses. Characteristics of such uses include a lack of other on-site warehousing. Offic�
Showroom shall not include direct, on-site retail transactions to the end consumer.
Offzce—Warehouse means a commercial land use that is comprised of offices and other
indoor space in which materials and equipment are being stored for shipping to other locations
153661v2 g
for eventual resale or use. Office—Warehouse does not include on-site retail transactions or
display.
Open sales lot means land devoted to the display of goods for sale, rent, lease or trade
where such goods are not enclosed within a building.
Outdoor storage means the keeping of materials or equipment on a parcel of land for the
purpose of transporting,using or employing such materials or equipment at a future date at
another location, either on- or off-site. The keeping of motorized vehicles for more than 24
hours, or other equipment that is not capable of self-powered movement(such as trailers), shall
be included in this definition.
Parking means the keeping of passenger autornobiles and light trucks for a temporary
period(usually less than 24 hours) in a space designated and improved for such use according to
the requirements of the Zoning Ordinance. Parking does not include storage.
Pasture means land used for grazing horses, cattle or other domestic animals.
Performance standards means criteria established to control noise, odor,toxic or noxious
matter,vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of
land or buildings.
Place of worshin means a buildin�or snace that is nrincinallv used as a nlace where
neonle of the same faith or reli�ion re�ularlv assemble for worshin. Place of worshin does not
include communitv education or art centers schools instructional centers, davcare facilities,
familv dav shelters conservatories convention centers, libraries museums.residential
dwellin�s recreational and entertainment facilities theaters or social service distnbution
facilities.
Public service�structures means underground or overhead gas, electrical, steam or water
transmission or distribution systems, collection, communication, supply or disposal systems,
including poles, wires,mains, drains, sewers,pipes, conduits, cables, fire alarm boxes,traffic
signals,hydrants or other similar equipment and accessories,but not including buildings or
major structures located above ground level. Personal wireless services and commercial
broadcasting antennas and towers shall not be considered public service structures.
Restaurants (class I)means a restaurant in which food is served to the customer and
consumed by him while seated at a counter or table, and the restaurant does not serve
into�cating liquor or provide live entertainment. Food is selected by a customer while going
through a serving line and taken to a table for consumption.
Restaurants (class II)means fast food convenience, drive-in and liquor service
restaurants; a restaurant where a majority of customers order and are served their food at a
counter in packages prepared to leave the premises, or to be taken to a table, counter, automobile
or off the premises to be consumed; or a drive-in where most customers consume their food in an
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automobile regardless of how it is served; or restaurants which serve intoxicating liquor or have
live entertainment.
Riding academy means a building, structure or other facility which is used for the
instruction and training in the care and handling of horses, mules, donkeys or ponies for a fee or
other valuable consideration.
Secondary use means a use of land or of a building or a portion which is subordinate to
and does not constitute the primary use of the land or building.
Shelter,fallout or blast, means a structure or portion of a structure intended to provide
protection to human life during periods of danger to human life from nuclear fallout,blasts, air
raids, storms or other emergencies.
Sign means any written announcement, declaration, demonstration, display, illustration,
insignia or illumination used to advertise or promote the interest of any person when displayed or
placed outside in view of the general public, and shall include every detached sign.
Sign, advertising(billboard), means a sign which directs attention to a business,
community service or entertainment not exclusively related to the premises where such sign is
located or to which it is affixed.
Sign, business, means a sign which directs attention to a business or profession conducted
or to a commodity, service or entertainment sold or offered on the premises on which such sign
is located or to which it is affixed.
Sign, business, temporary, means a sign permitted for a limited period of time used to
advertise or promote the interests of a single-or multi-use commercial or industrial use. A
temporary sign may be attached to a principal structure or detached. Such signage shall include
mobile/message board signs,banners and balloons that meet all applicable federal and state
standards.
Sign,flashing, means an illuminated sign on which the artificial light is not maintained
stationary or constant in intensity and color at all times in which such sign is in use.
Sign, gross area of, means the area within the frame,which shall be used to calculate the
square feet; except that the width of the frame exceeding 12 inches shall constitute advertising
space; or should such letters or graphics be mounted directly on a wall or fascia or in any such
way as to be without a frame, the dimensions for calculating the square footage shall be the area
extended six inches beyond the periphery formed around such letters or graphics bounded by
straight lines connecting the outermost points; and each surface utilized to display a message or
to attract attention shall be measured as a separate sign.
Sign, illuminated, means any sign which has characters, letters, figures, designs or outline
illuminated by electric lights or luminous tubes as a part of the sign proper.
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Sign, nameplate, means any sign which states the name or address or both of the business
or occupant of the lot where the sign is placed or may be a directory listing the names, addresses
and business of occupants.
Sports and health facility means a facility where members or nonmembers pay a fee to
use equipment or space for the purpose of physical exercise or training. A sports and health
facility may include aerobics, weight training,muscular exercise programs, yoga,Pilates, court
games,jogging,or other similar activities. It may provide as an accessory use personal services
to patrons, including but not limited to therapeutic massage,tanning, saunas, and whirlpools.
Stable or barn,private, means a building or structure used or intended to be used for the
keeping of hoofed animals belonging to the occupant of the property, and kept for
noncommercial purposes.
Stable or barn,public, means a building or structure used or intended to be used for
housing of horses,mules, donkeys or ponies which are owned by those other than the occupant
of the property, where animals may be rented for a fee for riding purposes or where riding
lessons may be provided.
Stock farm means a narcel of land comvrisin� an area of ten acres or more that is used to
house and feed anv number of farm animals when such farm animals are kent for vrofit.
Story means 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.
Street means a dedicated public right-of-way not less than 50 feet in width which affords
a primary means of access to abutting property.
Street or road,private, means any private way set aside as a permanent right-of-way for
vehicular access 50 feet or more in width.
Structure means anything which is built, constructed or erected, an edifice or building of
any kind, or any piece of work artificially built up or composed of parts joined together in some
definite manner, which requires a location on,below or above the ground, land or water, or
attached to something having a location on the ground, land or water.
Study and research center means one or more structures, together with the land used in
connection therewith, whether contiguous or standing separately,including any building used as
a temporary or permanent residence, or a park,nature or playground area, owned or operated by
one or more nonprofit charitable, scientific or educational organizations, and used primarily as a
center for study, learning,research or educational oriented conferences.
153661v2 11
Use means the purpose or activity for which the land or building is designated, arranged
or intended, or for which it is occupied,utilized or maintained, and shall include the performance
of such activity as defined by the performance standards of this chapter.
Use, accessory, means a use subordinate to the principal use on a lot and exclusively used
for purposes incidental to those of the principal use.
Use, conditional, means those occupations,vocations, skills, arts,businesses,professions
or uses specifically designated in each zoning use district which, for their respective conduct,
exercise or performance in such designated use districts, may require reasonable but special,
peculiar,unusual or extraordinary limitations, facilities, or regulations in such use district for the
promotion or preservation of the general public welfare, health, convenience or safety in such
use and in the city and, therefore,may be permitted in such use district only by a conditional use
permit,which is designed to meet the problem that arises where certa.in uses, although generally
compatible with the basic use classification of a particulaz zone, should not be permitted to be
located as a matter of right in every area included within the zone because of hazards inherent in
the use itself or special problems which its proposed location may represent.
Use,permitted, means a use which may be lawfully established in a particular district,
provided it conforms with all requirements,regulations and performance standards (if any) of
such districts.
Use,principal, means the main use of land or buildings as distinguished from subordinate
or accessory uses. A principal use may be either permitted or conditional.
Wholesale �reenhouse means an area.buildin�or structure used for the stora�e.
cultivation or transnlantation of live trees. shrubs or nlants that are not offered for retail sales on
the nremises.
Yard means a required open space on a lot, which is unoccupied and unobstructed by a
structure from its lowest ground level to the sky except as expressly permitted in this chapter. A
yard shall extend along a lot line and at right angles to such lot line to a depth or width specified
in the yard regulations for the district in which such lot is located.
Yard,front, means a yard extending across the front of a lot between the side yard lines
and lying between the front street line of the lot and the required front yard setback line, which
front yard shall be provided on both street frontages of corner lots and double-frontage lots. A
lakeshore lot shall not be considered as having a front yard,but rather shall be considered as
having a lakeshore yazd on one side of the building and a rear yard on the other side of the
building.
Yard, lakeshope, means a yard lying between the natural ordinary high water mark on the
la.keshore and the required lakeshore setback line, for the full width of the lot.
Yard, rear, means a yard lying between the required rear yard setback line and rear line
of the lot, for the full width of the lot. On a lakeshore lot, the rear yard sha11 be the yard which
fronts on the street lying between the street line of the lot and the required rear yard setback line.
153661 v2 j 2,
Yard requirements means those requirements which relate exclusively to the size of yard
areas when such are required within specific zoning districts.
Yard, side, means a yard extending along the side lot line between the front and rear
yards, having a width as specified in the yard regulations for the district in which such lot is
located.
Yard, side street, means a side yard abutting a side street.
SECTION 2. The following language has been deleted and added to Section 78-227 (Permitted
Uses) of the Orono City Code is hereby amended as follows:
Sec. 78-227. Permitted uses.
Within any R-lA one-family residential district, no structure or land shall be used except
for one or more of the following uses:
(1) itv-owned nublic service structures that have
been annroved bv the Citv Council after the reauired nublic hearings for nublic
imnrovement nroiects,nrovided that:
a. All buildin�s are located at least 50 feet from anv adiacent nronertv zoned
for residential use.
b. The architectural desiQn of the structure is found to be comnatible with the
sunoundin� area.
c. If the citv nronoses amendment to the annroved desisn nlans or the
nlacement of the structure. notice of the nronosed changes shall be mailed
to all nronertv owners within 350 feet of the narcel on which the structure
is to be located. If the tironosed structure is to be located within a nublic
ri�ht-of-wav. nronertv owners within 350 feet of the structure shall be
mailed notice of the nronosed chan�es. Notice shall be mailed at least 14
davs before the council meetine at which the amended nlans will be
considered.
{-�} 2�. Municipal buildings.
{4� 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 apartment shall be from within the principal
structure. Application for such a guest apartment shall address the concerns of
153661v2 13
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.
41 One-familv detached dwellin�s.
(51 Publiclv owned narks and nlavQrounds.
SECTION 3. The following language has been deleted and added to Section 78-228
(Conditional Uses) of the Orono City Code:
Sec. 78-228. Conditional uses.
Within any R-lA one-family residential district, no structure or land shall be used for the
following uses except by conditional use permit:
�
�
t�---��teees`3e�y-t�--�g�et..,,,,� •r�..o�»,...ti,,,., o 0 0 ,�.+„ ., �,;,.�..
,
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(� 1� Golf courses, country clubs,tennis clubs,
�w.,� ,. o �,,.,;��,� �,.�.�.� � v,��rr n „ ��� v�x�r� non-nrofit camps, and
reliQious el�sk camps, ,
�tse�nrovided that:
153661 v2 14
a. all nrincinal buildin�s
are located at least 100 feet e�e�e from any�'�����„R,�+;„ �„ D
�s�adiacent nronertv zoned for residential use;;and
b. a11 accessory buildinss and structures more than six feet in hei�ht are
located at least 50 feet from�iean�
adiacent nronertv zoned for residential use.
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{$} 2� Guest houses and nonrental guest apartments.
a. r'••��' ��••���. Guest houses. nrovided that: �i�g
„�a..,,,+ea ,. ;..�;..,,,,,,a;�,;ava t„� �,-�t,os,��o ,.���.o„ ���
�
��,, n�i ,i.,,.�„�,. „�� ��...ii l..e o��.�,.�.e e�t
a`�irP£r`YaT�ga��.,�. ..�.��b...�.... ..,�.:,:1::..:...,...... .._----- "„---.,. ..� ..�_.. b»...,.
��
1. the lot is at least two times the minimum lot area reauired bv this
section: and
153661v2 js
2. the euest house is for the sole use of the occunants of the nrincinle
dwellin�, including their domestic emnlovees and nonnavin�
u�
b.
,
' o��� m�,a..o ��...n �.e .,�ie.,.,. ,. „ a,.,,..�„
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�e p�e�s-�e�k� . a� 'e-a��
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. Guest
a arkments with exterior in�ress and esress. nrovided that:
l. the anblication for a Quest anartment adeauatelv addresses the
concerns of narkin�. sewa�e treatment. exterior access method.
and interior access method:
2. there is at least one access door to the anartment from inside the
nrincinal dwellin� and this door is the nrimarv means of accessin�
the anartment•
�. the �uest anartment does not have a sebarate address:
4. the �uest anartment's utilities are not metered sebaratelv from the
rincinal dwellin�: and
5. the �uest anartment is for the sole use of the occunants of the
nrincinal dwellin�, including their domestic emnlovees and
nonnavin� �uests.
31 Places of worshin.nrovided that all buildin�s and structures. exceut columbaria.
are located at least 50 feet from anv adiacent nronertv zoned for re idential use.
{�-}�4 Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
51 Public service structures. tirovided that:
a. all buildin�s are located at least 50 feet from anv adiacent nrovertv zoned
for residential use: and
153661v2 16
b the architectural design of the structure is comnatible with the architectural
desi�n of the surroundin� area.
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{�}�6 Provision of a 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:
153661v2 j']
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.
c. The accessory building is conforming in location, size and height.
d. The property owner agrees to the filing of a covenant in the ritle 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.
l71 Schools. Davcare Centers. Uses Accessorv to a High School.
a. Pre-kindersarten, nrimarv and secondarv nublic schools and nrivate
schools with a curriculum similar to a nre-kinder�arten.nrimarv or
secondarv school. Schools mav include before and after school care for
students.
b. Davcare centers. nurserv schools and similar nro�rams that are not
associated with a nublic or nrivate school and serve nre-kinder�arten
children.
c. Indoor ice arenas accessorv to a hi�h school nrovided the arena, includin�
accessorv uses. is:
1. located on the same tax narcel as the hi�h school to which it is
accessorv and is owned bv the local school district:
2. not senarated from the high school buildin�bv a nublic road:
3. onerated bv the school district or bv a nonnrofit orsanization: and
4. all structures are located at least 50 feet from anv adiacent nronertv
zoned for residential use.
(81 Two-familv dwellins.nrovided that:
153661v2 j$
a tiublic sanitv sewer service is available:
b the lot is adiacent to a commercial or industrial tiarcel:
c the dwellin�is within 200 feet of the commercial or industrial barcel�and
d the desi�n of the dwelling is comnatible with the surroundin�residences.
SECTION 4. The following language has been deleted and added to Section 78-229 (Accessory
Uses) of the Orono City Code:
Sec. 78-229. Accessory uses.
Within any R-1A one-family residential district,��.-�-.�����--�=�'""''
�_ �� �- xcccQ-c�zccvi-ivr-vi��:,-"' � ��the following uses shall be nermitted accessorv uses:
-- -- r--- .
(1) D • + � „a Y"'"�'a"r" �Buildings temnorarilv located for nurooses of
construction on the nremises for a neriod not to exceed time necessarv for such
constructins.
�2� D + _ _ , + ,,,,,.�� �a �.,aa,.,a. rommunication
. . � �..,� ,. � r
recention/transmission devices as follows:
a Accessorv antennas Accessorv antennas shall be limited to radio and
television receiving antennas satellite dishes. TVROs and amateur
shortwave radio transmittin�and receiving antennas. Accessorv antennas
that are accessorv to the princiule use of nronertv are nermitted accessor�
uses in a11 zonin�districts nrovided that thev meet the followin�
conditions:
1 HeiQht A around-mounted accessorv antenna shall not exceed 20
feet in hei�ht from �round level.
2 Yards Accessorv antennas shall not be located within the reauired
front vard setback corner side vard setback or side vard setback
abuttin�a street.
3 Roofs If ve�etation or obstructions interfere with satellite si als
at a location in anv allowable nlacement area the accessorv
antenna mav be nlaced on the roof of anv authorized structure on
the nremises.
4 Location Accessorv antennas shall not be located within a
reauired vard or setback area or within draina�e or utilitv
easements Antenna towers shall be set back from adiacent
153661v2 19
pronertv lines a horizontal distance no less than the m�imum
hei�ht of the antenna.
5. Building nermits. A buildin�nermit shall be reauired for the
installation of anv accessorv antenna reauirin�a conditional use
neimit. Buildin�nermit annlications shall be accomnanied bv a
site nlan and structural comnonent data for the accessorv antenna.
includin�details of anchorin�. The buildin�official must annrove
_ -
the nlans before installation.
6. Lightning Drotection. Each accessorv antenna shall be �rounded to
nrotect a�ainst natural lightnin� strikes in conformance with the
National Electrical Code as adonted bv the citv.
7. Electrical code. Accessorv antenna electrical eauinment and
connections shall be desisned and installed in conformance with
the National Electrical Code as adonted bv the citv.
8. Color/content. Accessorv antennas shall be of a neutral color and
shall not be used as siQna�e.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessorv
antennas mav be allowed with a conditional use nermit in all zonin�
districts.nrovided thev meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower. the total hei�ht of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front. corner side or side vard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within anv reauired setback area and shall be located no
less than the hei�ht of the antenna and tower from the nronertv
line.
�3) , •
.i41, 41.e« ..�.,e..4;..« '74 1 2^7� ...7 �1.e l;,.e....;«.... .,4"'f� ^7�
...... �....t.i.....�..,...� .�. .�....�..�.. i v i.�i v� " '
�kea-a�p�e:Gardenine and other horticultural uses. includin�aviaries and
decorative landscane features
(4) , .H me occunations. as defined in this chanter.
All home occunations shall comnlv with the nrovisions of section 78-1376. and
the licensing nrovisions of 26-76.when anblicable.
153661v2 20
(s)
.One roadside stand
offerin�for sale onlv farm nroducts nroduced on the nremises,nrovided such
stand does not exceed 200 sauare feet in area and is located at least 30 feet back
from the nublic ri�ht-of-wav.
(6) ,
��e-���Private sarages and narkin�snace.
(7) r' ..,w''.,:''_ �+,�..'' .,� __ �_ .,w'_ .,.,�..� __ ....,.a,,,,+�,.,.�aA-�`-' ---,.�.o�..o----'-�
.. .. .. .. ��� �_b � -v �-r------- r-- r--
•a a �. � a a ,.� o sea �nn � e �o�_� a •� i,,,,.,�°a .,�ie..��
u�w�..��.�.... ...,�� ...,� �...,��..�.,., .,n».,�- ------- ----------- -------- ------
�n ��*�-��,- �-�--, +���„��;�-��-�* ^�-T,�private swimmin�nools. tennis courts,
and naddocks.
(8) Sians, as reQulated in this chatiter.
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153661v2 21
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SECTION 5. The following language has been deleted and added to Section 78-252 (Permitted
Uses) of the Orono City Code:
Sec. 78-252. Permitted uses.
Within any R-1B one-family residential district, no land or structures shall be used except
for one or more of the following uses:
(1) Citv-owned nublic service structures that have
been annroved bv the Citv Council after the reauired nublic hearinss for nublic
imnrovement nroiects. nrovided that:
a. All buildin�s aze located at least 50 feet from anv adiacent nronertv zoned
for residential use.
153661v2 22
b. The architectural desian of the structure is found to be comnatible with the
surroundin� area.
c. If the citv bronoses amendment to the annroved desien nlans or the
nlacement of the structure. notice of the nronosed changes sha11 be mailed
to all nronertv owners within 350 feet of the naxcel on which the structure
is to be located. If the nronosed structure is to be located within a nublic
risht-of-wav nrovertv owners within 350 feet of the structure shall be
mailed notice of the nronosed changes. Notice shall be mailed at least 14
davs before the council meeting at which the amended nlans will be
considered.
r�� n„�.t•,.t. oa ,. ,.ir „a ,.1.. '
t •
{-�}�2 Municipal buildings.
f4-} 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 utiliries metered separately from the principal residence utilities
and shall not have a separate street address.
(41 One-familv detached dwellin�s.
(51 Publiclv owned narks and nlavQrounds.
SECTION 6. The following language has been deleted and added to Section 78-253
(Conditional Uses) of the Orono City Code:
Sec. 78-253. Conditional uses.
Within any R-1B one-family residential district, no structure or land shall be used for the
following uses except by conditional use permit:
,
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153661v2 23
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{4}�1 Golf courses, country clubs, tennis clubs,
�e��se�e����4-sa���G�non-nrofit camps, n�_d
reli�ious ek�sk camps, ,
��nrovided that:
a. �� � �*�•--� �r� ��*'����• � ���" �-�all nrincinal buildin�s
are located at least 100 feet e�e�e from any�����}���-'�*�-� �-� D
�s�adiacent nronertv zoned for residential use:;and
b. all accessory buildings and structures more than six feet in hei�ht are
located at least 50 feet from �e�e�
adiacent nronertv zoned for residential use.
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153661v2 24
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{S� 2� Guest houses and nonrental guest apartrrients.
a. ',•���' ��••���. Guest houses. nrovided that:" � r�*� a�T,�";rrt
*,.,,,.�ea ,. ;��;r,�, ..a:..;a°a ,,,��,.+,�a �„�o, „���,o�
� ....,��.,. �..., �.,.., ,.�� .,. .�..,.,.,..�r..�.�..
,
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ittiu:sC
1 the lot is at least two times the minimum lot area reauired bv this
section; and
2. the �uest house is for the sole use of the occunants of the nrincinle
dwellin�, including their domestic emnlovees and nonnavin�
u�
b.
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,
�
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> > '
e�;ae..,.o,.�;,;.:e� ..ra �,�.,,, ,,,,,-,�,,.,o ., ,.�,.os��_�,.e��. Guest
anartments with exterior ina�ess and eQress.nrovided that:
1. the annlication for a �uest anarhnent adeauatelv addresses the
concerns of narkin�. sewa�e treatment. exterior access method.
and interior access method;
2. there is at least one access door to the anartment from inside the
nrincinal dwelline and this door is the nrimarv means of accessin�
the anarhnent:
153661v2 25
3. the �uest anarkment does not have a senarate address;
4. the �uest anartment's utilities are not metered senaxatelv from the
nrincinal dwelling: and
5. the �uest anartment is for the sole use of the occunants of the
princival dwellin�, includin�their domestic emnlovees and
nonnaving Quests.
(31 Places of worshin.nrovided that all buildin�s and structures. excent columbaria.
are located at least 50 feet from anv adiacent nronertv zoned for residential use.
�9}�4 Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
51 Public service structures. nrovided that:
a. all buildin�s are located at least 50 feet from anv adiacent nronertv zoned
for residential use: and
b. the architectural desiQn of the structure is comnatible with the architectural
desi�n of the surroundin� area.
. ,
� ,
, �-
. ,
�
, •
,
�
� •
�
153661v2 26
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{-�-�}.�6 Provision of a 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.
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.
(71 Schools. Davcare Centers. Uses Accessorv to a Hi�h School.
a. Pre-kindersarten,nrimarv and secondarv nublic schools and nrivate
schools with a curriculum similar to a nre-kinder�arten. primarv or
secondarv school. Schools mav include before and after school care for
students.
153661v2 2']
b. Davcaxe centers. nurserv schools and similar nroQrams that are not
associated with a nublic or nrivate school and serve nre-kinderQarten
children.
c. Indoor ice arenas accessorv to a hish school nrovided the arena. includin�
accessorv uses. is:
1. located on the same tax narcel as the hi�h school to which it is
accessorv and is owned bv the local school district•
2. not senarated from the hi�h school buildin�bv a nublic road:
3. onerated bv the school district or bv a nonnrofit or�anization; and
4. all structures are located at least 50 feet from anv adiacent bronertv
zoned for residential use.
81 Two-familv dwelline. nrovided that:
a. nublic sanitv sewer service is available:
b. the lot is adiacent to a commercial or industrial narcel•
c. the dwellin�is within 200 feet of the commercial or industrial narcel: and
d. the desiQn of the dwellin�is comnatible with the surroundin�residences.
SECTION 7. The following language has been deleted and added to Section 78-254 (Accessory
Uses) of the Orono City Code:
Sec. 78-254. Accessory uses.
Within any R-1B one-family residential district, the following uses shall be�permitted
accessory uses:
(1) .Buildin�s temnorarilv located for nu oses of
construction on the nremises for a neriod not to exceed time necessarv for such
constructins.
(2) , , .Communication
reception/transmission devices as follows:
a. Accessorv antennas. Accessorv antennas shall be limited to radio and
television receivin�antennas. satellite dishes. TVROs. and amateur
shortwave radio transmitting and receivin�antennas. Accessorv antennas
153661v2 28
that are accessorv to the nrincinle use of nronertv are nermitted accessorv
uses in a11 zonin�districts nrovided that thev meet the followin�
conditions:
1 Height A sround-mounted accessorv antenna shall not exceed 20
feet in hei�ht from �round level.
2 Yards Accessorv antennas shall not be located within the reauired
front vard setback, corner side vard setback or side vard setback
abuttin�a street.
3 Roofs If ve�etation or obstructions interfere with satellite siQnals
at a location in anv allowable nlacement area. the accessorv
antenna mav be nlaced on the roof of anv authorized structure on
the premises.
4 Location Accessorv antennas shall not be located within a
required vard or setback area or within draina�e or utilitv
easements Antenna towers shall be set back from adiacent
nronertv lines a horizontal distance no less than the maximum
heisht of the antenna.
5 Building nermits. A buildin�nermit sha11 be reauired for the
installation of anv accessorv antenna reauirin� a conditional use
permit Buildin�nermit annlications shall be accomnanied bv a
site vlan and structural comnonent data for the accessorv antenna,
includine details of anchorin�. The buildin� official must annrove
the tilans before installation.
6 Lighrning nrotection. Each accessorv antenna shall be �rounded to
tirotect asainst natural li�htnin� strikes in conformance with the
National Electrical Code as adotited bv the citv.
7 Electrical code. Accessorv antenna electrical eauinment and
connections shall be desi�ed and installed in conformance with
the National Electrical Code as adonted bv the citv.
8 Color/content Accessorv antennas shall be of a neutral color and
shall not be used as siQnase.
b Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessorv
antennas mav be allowed with a conditional use nermit in all zoning
districts.nrovided thev meet the followin� conditions:
153661v2 29
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower. the total hei�ht of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front. corner side or side vard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within anv reauired setback area and shall be located no
less than the hei�ht of the antenna and tower from the vrouertv
line.
�3) � •
> >
.Gardenine and other horticultural uses, includin�aviaries and
decorative landscane features
(4) , .Home occunations, as defined in this chanter.
All home occunations shall comnlv with the brovisions of section 78-1376. and
the licensin�nrovisions of 26-76. when annlicable.
(5)
.One roadside stand
offerin� for sale onlv farm nroducts nroduced on the nremises. nrovided such
stand does not exceed 200 sauare feet in area and is located at least 30 feet back
from the nublic ri�ht-of-wav.
(6) ,
�ssa�e-�ea�es:Private �arages and tiarkin�snace.
��) � ,
.Priv te swimmin�nools. tennis courts.
and paddocks.
(8) Sians. as re�ulated in this chanter.
��e�e�s:
, , , ,
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�„
�
153661 v2 3�
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153661v2 31
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SECTION 8. The following language has been deleted and added to Section 78-302 (Permitted
Uses) of the Orono City Code:
Sec. 78-302. Permitted uses.
Within the LR-lA one-family lakeshore residential district, no land or structures shall be
used except for one or more of the following uses:
(1) Citv-owned nublic service structures that have
been annroved bv the Citv Council after the reauired nublic hearin�s for nublic
imnrovement nroiects. nrovided that:
a. All buildin�s are located at least 50 feet from anv adiacent nronertv zoned
for residential use.
b. The architectural desien of the structure is found to be comnatible with the
surroundin� area.
c. If the citv nronoses amendment to the annroved desi�n nlans or the
lacement of the structure. notice of the nronosed changes shall be mailed
to all nronertv owners within 350 feet of the narcel on which the structure
is to be located. If the nronosed structure is to be located within a nublic
ri�ht-of-wav.nrotiertv owners within 350 feet of the structure shall be
mailed notice of the nronosed chan�es. Notice shall be mailed at least 14
avs before the council meetin� at which the amended nlans will be
considered.
{��2 Municipal buildings.
{4� 3� Nonrental guest aparhnents (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
153661v2 32
shall not have utilities metered separately from the principal residence utilities
and shall not have a separate street address.
(41 One-familv detached dwellin�s.
(51 Publiclv owned narks and nlavQrounds.
SECTION 9. The following language has been deleted and added to Section 78-303
(Conditional Uses) of the Orono City Code:
Sec. 78-303. Conditional uses.
Within any LR-lA one-family lakeshore residential district, no structure or land shall be
used for the following uses except by conditional use permit:
�1� D �.���.,,.,.,.. ..a ,.,�;.,, „�o�,.�,��'� :�'�:�'� *���-w-.,......,:.'»_-- �--��'.:.
,
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o r�
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.... .... .......b:: �., .".t...':t,�....j'� ."... ... ...>
' .Cron farms,
provided that:
a. The area is ten or more acres.
b. There are no dwellines on the land. excent for one for the nronertv owner
or the onerator of the fann.
c There are no accessorv buildin�s or structures on the land other than those
allowed for a residential use.
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153661 v2 3 3
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{4} 2� Golf courses, country clubs, tennis clubs,
�r-e�e��l3;�ee�t���, �'�Tre�gr���C 4 non profit camps, and
reliQious�ek camps, ,
�tses:�rovided that:
a. all nrincinal buildin�s
are located at least 100 feet er-�a�e from any�g�
�ad'acent nronertv zoned for residential use:;and
b. all accessory buildin�s and structures more than six feet in hei�ht are
located at least 50 feet from��e�
ad"acent nronertv zoned for residential use.
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{S} 3� Guest houses and nonrental guest apartments.
153661v2 34
a. r'�•n�* ��••���. Guest houses, nrovided that:
,�... ,.,.°a ,. ;..,-;,,,�,,.,a:.,;aea t,.� �,.��.o�„�o, „���,o_�,.,.,,....,,�,.
�
o��� n�i ,. ,.,,i.,,.i,.�,. a..�s�..,i� �.o..,o�t�.,+t,e ,., o�+
, ' � uvo�
t3�C:
1 the lot is at least two times the minimum lot area reauired bv this
section: and
2. the �uest house is for the sole use of the occunants of the nrincinle
dwellins. including their domestic emnlovees and nonnavinS
u�
b.
e�ke-�ee c ., '
�
�e�y-usce��s�e�e-�ro„+ •r�,e ..�,,,.E....o„� ��..,» �.o „»,,.t,oa_�
i, a,. ,.� .,a � �„ +t.,e ..+o,., ��+„ �t,o�,,;ta�
n�..i; ,.�; � ,.�. �+ ,,.+,...a..� ��,.,ti „aa,.��!. �
.,i.; o,-..a.,...,,o„� „�...n�..,.,.,,,a ;,,t�r ., o��.,.a c,,,.�.
", e , �..�y..�� �.... .�...,�..,. ...,..�.,�..�.,....,... .,w.,__
o�;ae�,.o„�;,;�;o,. .,,,a �,,.,,� ,,,,+�,.,�,o ., ,. + �.. e� aa . Guest
anarhnents with exterior ineress and esress.nrovided that:
1. the annlication for a �uest anarhnent adeauatelv addresses the
concerns of narkin�. sewa�e treatment. exterior access method,
and interior access method:
2 there is at least one access door to the anartment from inside the
nrincitial dwellin� and this door is the nrimarv means of accessin�
the anartment:
3. the �uest anartment does not have a senarate address:
4. the �uest anartment's utilities are not metered senaratelv from the
nrincinal dwellins: and
5. the �uest anartment is for the sole use of the occunants of the
- _
nrincinal dwellin�. includin�their domestic emnlovees and
nonnavin� �uests.
(41 Keenin�of farm animals for noncommercial puruoses and for the use of the
occunants of nremises. vrovided that:
153661 v2 3 5
a. Where the annlicant reauests a conditional use nermit to keeu horses. there
must be at least one acre for the dwelline and two acres of onen nasture
for the first horse. If the annlicant reauests a conditional use nermit to
keeu more than one horse.the nronertv must have one additional acre of
o en nasture for each additional horse. Calculations of minimum nasture
acrea�e shall not include anv land defined as a wetland or wetland buffer
under Section 78-1602. When horses are keut stabled and do not reauire
nasture for feed nurnoses, the minimum nasture reauirement mav be
adiusted at the discretion of the Council.
b. Where the annlicant reauests a conditional use nermit to keen fann
animals other than horses. there must be at least one acre for the dwellin�
and one acre for each animal unit. Calculations of minimum acrea�;e
reauired shall not include anv land defined as a wetland or wetland buffer
under Section 78-1602.
c. Anv buildin�or structure associated with the animals is located more than
150 feet from the nearest adiacent residence and at least 75 feet from the
nearest lot line.
d. The use is onerated in comnliance with Chanter 62. Animals.
(51 Places of worshin,nrovided that all buildin�s and structures. excent columbaria.
are located at least 50 feet from anv adiacent nronertv zoned for residential use.
{�}�6 Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
(71 Public service structures.nrovided that•
a. all buildin�s are located at least 50 feet from anv adiacent nronertv zoned
for residential use; and
b. the architectural desi�n of the structure is comnatible with the architectural
desi�n of the surroundin� area.
. ,
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�y o 0 0
153661v2 36
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�
{�}�8 �rovision of a 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.
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:
153661v2 3']
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.
91 Schools. Davcare Centers. Uses Accessorv to a Hi�h School.
a. Pre-kinder�arten. nrimarv and secondarv nublic schools and nrivate
schools with a curriculum similar to a nre-kindersarten, nrimarv or
secondarv school. Schools mav include before and after school care for
students.
b. Davcare centers. nurserv schools and similar nro�rams that are not
associated with a nublic or nrivate school and serve nre-kindersarten
children.
c. Indoor ice arenas accessorv to a hi�h school nrovided the arena. includin�
accessorv uses. is:
1. located on the same tax narcel as the high school to which it is
accessorv and is owned bv the local school district:
2. not seuarated from the hish school buildin�bv a nublic road:
3. onerated bv the school district or bv a nonnrofit orsanization: and
4. all structures are located at least 50 feet from anv adiacent nronertv
zoned for residential use.
101 Two-familv dwelling,nrovided that:
a. nublic sanitv sewer service is available: �
b. the lot is adiacent to a commercial or industrial narcel:
c. the dwellin�is within 200 feet of the commercial or industrial narcel: and
d. the desi�n of the dwellin�is comnatible with the surrounding residences.
SECTION 10. The following language has been deleted and added to Section 78-304
(Accessory Uses) of the Orono City:
153661 v2 3 g
Sec. 78-304. Accessory uses.
� Within any LR-lA one-family lakeshore residential district,the following uses shall be�
permitted accessory uses:
�1� � � a , �.• �� ��,; ,.ao „a ,.��.a.. �..�; z�io o,...i..,; ,,,,,a;..,��.,..,�
� .1 �rr c o
.Buildin�s temnorarilv located for nurooses of
construction on the nremises for a neriod not to exceed time necessarv for such
constructing.
(2) .Communication recerotion/transmission devices
as follows:
a Accessoy-v antennas Accessorv antennas shall be limited to radio and
television receivin� antennas, satellite dishes. TVROs. and amateur
shortwave radio transmittin�and receivin� antennas. Accessorv antennas
that are accessorv to the nrincinle use of nronertv are nermitted accessorv
uses in all zoning districts,nrovided that thev meet the followin
conditions:
1. Height. A eround-mounted accessorv antenna shall not exceed 20
feet in heisht from �round level.
2 Yards. Accessorv antennas shall not be located within the reauired
front vard setback. corner side vard setback or side vard setback
abutting a street.
3. Roofs. If vesetation or obstructions interfere with satellite si�nals
at a location in anv allowable nlacement area.the accessorv
antenna mav be nlaced on the roof of anv authorized structure on
the nremises.
4 Location Accessorv antennas shall not be located within a
reauired vard or setback area or within drainase or utility
easements Antenna towers shall be set back from adiacent
nronertv lines a horizontal distance no less than the maximum
hei�ht of the antenna.
5. Building nermits. A buildine nermit shall be reauired for the
installation of anv accessorv antenna reauirin� a conditional use
nermit. Buildin�nermit annlications shall be accomnanied bv a
site nlan and structural comnonent data for the accessorv antenna
includin�details of anchorin�. The buildin�official must annrove
the plans before installation.
153661 v2 39
6. Lighrning nrotection. Each accessorv antenna shall be �rounded to
nrotect a�ainst naturalli�htnin� strikes in conformance with the
National Electrical Code as adonted bv the citv.
7. Electrical code. Accessorv antenna electrical eauinment and
connections shall be desiened and installed in conformance with
the National Electrical Code as adonted bv the citv
8. Color/content. Accessorv antennas shall be of a neutral color and
sha11 not be used as siena�e.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessorv
antennas mav be allowed with a conditional use nermit in all zonin�
districts. nrovided thev meet the followin�conditions:
1. HeiQht. When an amateur shortwave radio antenna is mounted on
an antenna tower. the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front. corner side or side vard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within anv reauired setback area and shall be located no
less than the hei�ht of the antenna and tower from the nronertv
lin
(3) , , .Gazdening and other
horticultural uses. includin�aviaries and decorative landscane features.
(4) Home occupations, as defined in this chapter. All home occupations shall comply
with the provisions of section 78-1376, and the licensing provisions of 26-76,
when applicable.
(5) , .One roadside stand offerin� for sale onlv farm
broducts nroduced on the nremises. nrovided such stand does not exceed 200
sauare feet in area and is located at least 30 feet back from the nublic ri�ht-of-
wav
(6)
Yv'a�"'' �'�++� ��"��a �:-�� ������ �- �� ��,�*; �-private docks. subiect
ivas iiv� w v�vvv�a iiiav aivvwucu�ror `�
to this code and other annlicable re�ulations. includin�boat stora�e densitv
reauirements.
153661v2 40
(�) �
�se-���Private �arages and narkin�snace.
�g� n a •a � a �� � �..�e,,,,�.,�,..,, „a,,,,� a a ��.o� o a
J YY Y rY
�� � *����-��� *��r••���^ri�'�� ��•_•���.Private swimmin�nools,tennis courts
and naddocks.
(9) SiQns, as reQulated in this chanter.
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153661v2 41
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SECTION 11. The following language has been deleted and added to Section 78-327
(Permitted Uses) of the Orono City Code:
Sec. 78-327. Permitted uses.
Within the LR-1 B one-family lakeshore residential district,no land or structure shall be
used except for one or more of the following uses:
(1) Citv-owned nublic service structures that have
been annroved bv the Citv Council after the reauired nublic hearines for nublic
imnrovement nroiects,nrovided that:
a. All buildin�s are located at least 50 feet from anv adiacent nronertv zoned
f9r residential use.
b. The architectural desim of the structure is found to be comnatible with the
surroundin� area.
c. If the citv nronoses amendment to the annroved desi�n nlans or the
placement of the structure.notice of the nronosed chanees shall be mailed
to all nronertv owners within 350 feet of the narcel on which the structure
is to be located. If the nronosed structure is to be located within a nublic
153661v2 t}2
risht-of-wav nronertv owners within 350 feet of the structure shall be
mailed notice of the nronosed chan�es Notice shall be mailed at least 14
davs before the council meetin� at which the amended nlans will be
considered.
i�-Z} n i.�;,.t� oa ,. t� _ � � ,,.,��
�uaiu.s.
{�} 2� Municipal buildings.
{4� 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 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 sha11 not have a separate street address.
(4) One-familv detached dwellin�s.
!C\ AT � 7 � .+.,-, + ! � ' ' 1 A ,.t,�. � '��n
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(51 Publiclv owned narks and nlav�rounds.
SECTION 12. The following language has been deleted and added to Section 78-328
(Conditional Uses) of the Orono City Code:
Sec. 78-328. Conditional uses.
Within any LR-1B one-family lakeshore residential district, no structure or land shall be
used for the following uses except by conditional use permit:
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iuiu�i
V y 1 r ron fanns.
provided that:
153661v2 43
a. The area is ten or more acres.
b. There are no dwellin�s on the land. excent for one for the nronertv owner
or the onerator of the farm.
c. There are no accessorv buildin�s or structures on the land other than those
allowed for a residential use.
ess�e�y�e-a-�rig�r-se�re e . ' �
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f4} 2� Golf courses, country clubs, tennis clubs, -� �'� �'� � �
, , , n�n-nrofit camps, and
reliaious�s�camps, ,
�rse�nrovided that:
a T�'�� �, �`-�,��,~��-� ��+'����, � �'��" '��all nrincinal buildings
are located at least 100 feet e�er-e from any
�adiacent nronertv zoned for residentia_1_use•;and
b. all accessory buildin�structures more than six feet in hei�ht are
located at least 50 feet from�e�
adiacent nronertv zoned for residential use.
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153661v2 44
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{$� 3� Guest houses and nonrental guest apartments.
a. �••��' ��••���. Guest houses, nrovided that: '�g
,
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1 the lot is at least two times the minimum lot area reauired bv this
section; and
2. the auest house is for the sole use of the occunants of the nrincinle
dwelling includin�their domestic emnlovees and nonnavin
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153661v2 45
uest
a artments with exterior in�ress and e�ress.nrovided that:
1. the annlication for a Quest anartment adeauatelv addresses the
concerns of narkin�, sewa�e treatment. exterior access method
and interior access method:
2. there is at least one access door to the anartment from inside the
nrincinal dwellin� and this door is the nrimarv means of accessin�
the anartment:
3. the Quest anariment does not have a seuaxate address:
4. the �uest anartment's utilities are not metered senaratelv from the
nrincinal dwellin�: and
5. the Quest anartment is for the sole use of the occunants of the
rincinal dwellin�, includine their domestic emnlovees and
nonnavin� Quests.
41 The keenin�of fann animals for noncommercial nurooses and for the use of the
occunants of nremYses. nrovided that:
a. Where the annlicant reauests a conditional use nermit to keero horses. there
must be at least one acre for the dwellin�and two acres of onen nasture
for the first horse. If the anblicant reauests a conditional use nermit to
keen more than one horse. the nronertv must have one additional acre of
o en nasture for each additional horse. Calculations of minimum nasture
acrea�e shall not include anv land defined as a wetland or wetland buffer
under Section 78-1602. When horses are kent stabled and do not reauire
nasture for feed nurooses. the minimum tiasture reauirement mav be
adiusted at the discretion of the Council.
b. Where the annlicant reauests a conditional use nermit to keen farm
animals other than horses. there must be at least one acre for the dwellin�
and one acre for each animal unit. Calculations of minimum acrea�e
reauired shall not include anv land defined as a wetland or wetland buffer
under Section 78-1602.
c. Anv buildine or structure associated with the animals is located more than
150 feet from the nearest adiacent residence and at least 75 feet from the
nearest lot line.
d. The use is onerated in comnliance with Chanter 62. Animals.
153661v2 46
(51 Places of worshin. nrovided that all buildin�s and structures. excevt columbaria.
are located at least 50 feet from anv adiacent nronertv zoned for residential use.
{s3}�6 Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
�71 Public service structures. nrovided that:
a. all buildings are located at least 50 feet from anv adiacent nronertv zoned
for residential use: and
b the architectural desim of the structure is comnatible with the architectural
desiQn of the surroundin�area.
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153661v2 4']
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{-��8 �rovision of a 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.
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.
(91 Schools. Davcare Centers.Uses Accessorv to a High School.
a. Pre-kindersarten. nrimarv and secondarv nublic schools and nrivate
schools with a curriculum similar to a nre-kindergarten,nrimaxv or
second school. Schools mav include before and after school care for
students.
b. Davcare centers, nurserv schools and similar nroQrams that are not
associated with a nublic or nrivate school and serve nre-kinderearten
children.
c. Indoor ice arenas accessorv to a hi�h school vrovided the arena. includin�
accessorv uses. is:
153661v2 48
1. located on the same tax narcel as the hi�h school to which it is
accessorv and is owned bv the local school district:
2. not senarated from the hish school buildin�bv a nublic road•
3. onerated bv the school district or bv a nonnrofit orsanization: and
4 all structures are located at least 50 feet from anv adiacent nronertv
zoned for residential use.
(101 Two-familv dwelling, nrovided that:
a. nublic sanitv sewer service is available;
b the lot is adiacent to a commercial or industrial narcel;
c. the dwellin�is within 200 feet of the commercial or industrial narcel: and
d. the desi�n of the dwellin�is comnatible with the surroundin�residences.
SECTION 13. The following language has been added and deleted from Section 78-329
(Accessory Uses) of the Orono City Code:
Sec. 78-329. Accessory uses.
Within any LR-1B one-family lakeshore residential district,the following uses shall be�a
permitted accessory uses:
(1) , �
.Buildin�s temnorarilv located for nurooses of
construction on the nremises for a neriod not to exceed time necessarv for such
constructins.
(2) D-�•,�*� �����-�� �~a ~�L;�^�~��ommunication recention/transmission devices
as follows:
a. Accessorv antennas. Accessorv antennas shall be limited to radio and
television receivin� antennas. satellite dishes. TVROs. and amateur
shortwave radio transmittin� and receivin� antennas. Accessorv antennas
that are accessorv to the nrincinle use of nronertv are nermitted accessorv
uses in all zonin�districts.nrovided that thev meet the followin�
conditions:
1. Height. A Qround-mounted accessorv antenna shall not exceed 20
feet in heisht from Qround level.
153661v2 49
2. Yards. Accessorv antennas shall not be located within the reauired
front vard setback. corner side vard setback or side vard setback
abuttin�a street.
3. Roofs. If ve�etation or obstructions interfere with satellite sisnals
at a location in anv allowable nlacement area.the accessorv
antenna mav be nlaced on the roof of anv authorized structure on
the nremises.
4. Location. Accessorv antennas shall not be located within a
reauired vard or setback area or within draina�e or utilitv
easements. Antenna towers shall be set back from adiacent
nronertv lines a horizontal distance no less than the ma�cimum
hei.�ht of the antenna.
5. Building nermits. A buildine nermit shall be reauired for the
installation of anv accessorv antenna reauirin� a conditional use
vermit. Buildin�nermit annlications shall be accomnanied bv a
site nlan and structural comnonent data for the accessorv antenna.
includin�details of anchorin�. The buildinE official must annrove
theplans before installation.
6. Lightning nrotection. Each accessorv antenna shall be �rounded to
protect a�ainst natural li�htnin�strikes in conformance with the
National Electrical Code as adonted bv the citv.
7. Electrical code. Accessorv antenna electrical eauinment and
connections shall be desimed and installed in conformance with
the National Electrical Code as adonted bv the citv.
8. Color/content. Accessorv antennas shall be of a neutral color and
shall not be used as siQna�e.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessorv
antennas mav be allowed with a conditional use nermit in all zonin�
districts. nrovided thev meet the followin�conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower. the total heisht of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front. corner side or side vard.
153661 v2 50
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within anv reauired setback area and shall be located no
less than the heisht of the antenna and tower from the nronertv
line.
(3) D �4� �,� *� ,-*� n� ��-'a��,� .Gardenin�and other
, ,
horticultural uses. includin�aviaries and decorative landscane features.
(4) Home occupations, as defined in this chapter. All home occupations shall comply
with the provisions of section 78-1376, and the licensing provisions of 26-76,
when applicable.
(5) , . One roadside stand offerinE for sale onlv farm
nroducts nroduced on the nremises.nrovided such stand does not exceed 200
sguare feet in area and is located at least 30 feet back from the nublic risht-of-
wav
(6)
.Private docks, subiect
to this code and other annlicable reeulations. includin�boat stora�e densitv
reauirements.
��) �
���Private Earases and narkin� snace.
�8) �
�n ������,-��� ���-",�-�;�rirt�* ��:private swimmin�nools. tennis courts.
and paddocks.
(9) Siens, as resulated in this chanter.
� �,� ,.'�s
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153661 v2 51
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�e-�e��es:
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153661v2 52
SECTION 14. The following language has been deleted and added to Section 78-347
(Permitted Uses) of the Orono City Code:
Sec. 78-347. Permitted uses.
Within the LR-1C one-family lakeshore residential district, no land or structure shall be
used except for one or more of the following uses:
�1� n..o �.�.:�.,ao�,,,.,,oa a.���;n_a�Citv-owned nublic sen�ice structures that have
been annroved bv the Citv Council after the reauired nublic hearinss for nublic
imnrovement nroiects,nrovided that:
a All buildin�s are located at least 50 feet from anv adiacent nronertv zoned
for residential use.
b The architectural desiQn of the structure is found to be comnatible with the
surrounding area.
c. If the citv nronoses amendment to the annroved desi�n nlans or the
nlacement of the structure notice of the vronosed chan�es shall be mailed
to all nronertv owners within 350 feet of the narcel on which the structure
is to be located. If the nronosed structure is to be located within a nublic
ri�ht-of-wav nronertv owners within 350 feet of the structure shall be
mailed notice of the nronosed chan�es Notice shall be mailed at least 14
davs before the council meetin�at which the amended nlans will be
considered.
i oa ,.v� ..a ..i„ .,a�
�, �.
(�} 2� Municipal buildings.
�4} 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 apartment shall be from within the principal
structure. Application for such a guest apartrnent 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.
(4) One-familv detached dwellin�s.
5� Personal wireless service antennas and towers.
a. Purpose and intent. The purpose of subsection(4) of this section is to
establish predictable,balanced regulations for the siting and screening of
153661 v2 53
wireless communications equipment in order to accommodate the growth
of wireless communication systems within the city while protecting the
public against any adverse impacts on the city's aesthetic resources and
the public welfare.
b. Personal wireless service antennas. Personal wireless service a.ntennas
erected on a municipal water tower may be allowed as a secondary use
by administrative permit,provided they comply with the city policy
regarding the use of city-owned property for wireless telecommunication
antennas and provided they meet the following conditions:
1. The antenna shall be in compliance with the state building code
and all other applicable federal and state regulations and permits.
2. Structural design,mounting and installation of the antenna shall
be in compliance with manufacturer's specifications and shall be
verified and approved by a registered professional engineer.
3. No advertising message shall be affixed to the antenna.
4. Antennas shall not be artificially illuminated unless required by
law or by the Federal Aviation Administration (FAA)to protect
the public's health and safety.
5. When applicable,proposals to erect new antennas shall be
accompanied by any required federal, state, or local agency
licenses.
6. Transmitting,receiving, and switching equipment shall be housed
within the existing structure. If a new equipment building is
necessary for transmitting,receiving and switching equipment, it
shall be situated in the rear yard of the principal use and shall be
screened from view by landscaping.
7. All obsolete and unused antennas shall be removed within 12
months of cessation of operation at the site,unless an exemption
is granted by the city administrator or designee. The removal shall
be the responsibility of the communication provider.
8. Antennas shall utilize camouflaging techniques or shall be side-
mounted to an antenna support structure in order that such
facilities are compatible with the character and environment of
the area in which they are located.
9. The applicant shall demonstrate by providing a
coverage/interference analysis and capacity analysis prepared by
153661v2 St�
a registered professional engineer that the location of the antenna
as proposed is necessary to meet the frequency spacing needs of
the personal wireless service system a.nd to provide adequate
portable personal wireless service coverage and capacity to the
area.
i c� �.r ,. � + . r � � n ,�-,v, � •,-b�«
r. , � f,. n , r
o .
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+ �'1'�' .7 1� 11 4 1. .,to �.�,•004�ddr�.rs.
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(61 Publiclv owned varks and nlavQrounds.
SECTION 15. The following language has been deleted and added to Section 78-348
(Conditional Uses) of the Orono City Code:
5ec. 78-348. Conditional uses.
Within any LR-1C one-family lakeshore residential district, no structure or land shall be
used for the following uses without a conditional use permit:
r i l �}�� 1'� � ��o acc f'�m�ivvi`� "o--vrnivirZ�-csv�i'i u v�.0 � ���
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� 11 4 1 �1' L. �1.. 1.. �+' o �F 1 ...7 �µ.-
. �
-- V-------- v - - - .Cron fanns.
nrovided that:
a The area is ten or more acres.
b There are no dwellin�s on the land excent for one for the nronertv owner
or the onerator of the farm.
c There are no accessorv buildin�s or structures on the land other than those
allowed for a residential use.
153661 v2 55
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{4� 2� Golf courses, country clubs,tennis clubs,
, , , non-nrofit camps, and
religious skttr�camps, ,
�tse�nrovided that:
a. all nrincinal buildin�s
are located at least 100 feet e�e�e from any
�adiacent nronertv zoned for residential use:;and
b. all accessory buildin�s and structures more than six feet in hei�ht are
located at least 50 feet from,���
adiacent nronertv zoned for residential use.
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153661v2 5C
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{$}!3 Guest houses and nonrental guest apartments.
a. r'�•��* '�••���. Guest houses,nrovided that:^ r��� a•T��"��
4�... 4 .a 4� ...a� :ao.a �.�4 �i.s�4ti.o �Te o ��4ti.o v.4n
b, ,�.,
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SitYu�C:
1 the lot is at least two times the minimum lot area reauired bv this
section; and
2 the suest house is for the sole use of the occunants of the nrincinle
dwelling includin�their domestic emnlovees and nonnaving
u�
b.
�
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r
anartments with exterior in�ress and e�ress, nrovided that_:
1. the annlication for a suest anartment adeauatelv addresses the
concerns of narkin�. sewa�e treatment, exterior access method,
and interior access method:
2 there is at least one access door to the anartment from inside the
princinal dwellin� and this door is the nrimarv means of accessin�
the anartnient:
3. the suest anartment does not have a senarate address•
4. the �uest anartment's utilities are not metered senaratelv from the
nrincinal dwelling: and
153661v2 $']
5. the �uest anartment is for the sole use of the occunants of the
princinal dwellin�. includin�their domestic emnlovees and
nonnavin� Quests.
41 Keeuin�of farm animals for noncommercial nurooses and for the use of the
occunants of nremises. nrovided that:
a. Where the annlicant reauests a conditional use nermit to keen horses. there
must be at least one acre for the dwelling and two acres of onen nasture
for the first horse. If the annlicant reauests a conditional use nermit to
keeu more than one horse. the nronertv must have one additional acre of
open nasture for each additional horse. Calculations of minimum tiasture
acrea�e shall not include anv land defined as a wetland or wetland buffer
nder Section 78-1602. When horses are kent stabled and do not reauire
pasture for feed nurooses. the minimum nasture reauirement mav be
adiusted at the discretion of the Council.
b. Where the annlicant reauests a conditional use nermit to keeu fann
animals other than horses. there must be at least one acre for the dwellins
and one acre for each animal unit. Calculations of minimum acrea�e
reauired shall not include anv land defined as a wetland or wetland buffer
under Section 78-1602.
c. Anv building or structure associated with the animals is located more than
150 feet from the nearest adiacent residence and at least 75 feet from the
nearest lot line.
d. The use is onerated in comnliance with Chanter 62. Animals.
51 Personal wireless service antennas. Personal wireless service antennas erected on
a municinal structure other than a water tower mav be allowed as a conditional
use if thev meet the followin�criteria:
a. Such antennas must be in comnliance with the citv nolicv resardin�the
use of citv-owned nronertv for wireless telecommunication antennas:
b. Such antennas must meet the conditions listed for nersonal wireless
service antennas as a nermitted use in the LR-1 C zonin�district.
c. Such antennas mav be located in the followin�locations:
1. Co-located on an existine citv emergencv warnin� siren tower.
2. Co-located on a renlacement citv emer�encv warnin�siren tower
with a hei�ht not to exceed 75 feet.
153661 v2 58
3 Co-located on a new citv emer�encv warnin� siren tower, at a
location that meets the citv's emer�encv warnin�needs. with a
height not to exceed 75 feet.
d Such antennas shall meet the followin�nerformance standards:
1 The antennas must be located on the existin�emer�encv warnin�
sirens noles unless the hei�ht of the existin�nole. or the canacitv
of the existin�nole to sunnort both the siren and the antenna(sl is
inadeauate to minimallv meet the needs of the carrier. In this case
the carrier mav be allowed to install a reulacement tower that will
accommodate both the emer�encv warnin� siren and the
telecommunications antenna(sl. The existing emer�encv siren
towers can be realaced with towers with a maximum hei�ht of 75
feet with the condition that the tower accommodates both the
emergencv warnin� siren and the telecommunications antenna(sl.
The citv mav also reauire the tower to have the canabilitv of
accommodatin�one additional carrier's antenna(sl.
2 A new emer�encv warning siren tower location. selected bv the
citv to meet its emer�encv warnins needs could also be used as a
telecommunications antenna site throu�h co-location of the
warninS siren and antenna The standards set out in 1. above also
annlv to a siren tower in a new location.
3 The heisht of a tower can be no hisher than the minimum hei�ht
reauired to address a �an in coverage.
4 The setback of a tower from a nronertv line must. at minimum,be
eaual to the heisht of the tower. excent where an existin�
emer�encv warnin� siren is located on a site that does not enable
this setback too be nrovided.
5 A carrier must demonstrate throush an en�ineerin�analvsis that
there is a gan in covera�e.
6. At the citv's discretion. a tower must be desi�ned to structurallv
enable co-location bv another carrier, and the carrier must a�ree to
allow co-location.
7 The carrier must nrovide comnuter-generated nhotos showing the
views (as selected bv the citvl with an without the tower.
8. All consultant analvsis and le�al analvsis related to the towers and
the lease of the towers shall be naid bv the carrier
153661v2 S9
9. The carrier is reauired to nrovide covera�e mans to demonstrate
the snecific �an in covera�e and need for an additional tower and
antenna(sl, and to demonstrate there are no existin�tower ontions
within a radius of two miles that could accommodate the carrier's
antenna needs.
10. The size of the cabinets on the �round needed to house the sunnort
eauinment for the antennas is limited to the minimum necessarv
size. as determined bv the citv council. Avvronriate vesetative
screenin�of�round cabinets shall be brovided bv the carrier,
subiect to annroval bv the citv council. The council at its discretion
mav allow the use of non-ve�etative screenin�methods such as
bermine, fencing. etc.
11. "Stealth"-twe antennas (cvlindricall vs. an arrav of nanels. is
re uired if the technolo�v is available.
12. Onlv mononole towers are allowed.
6 Places of worshin,nrovided that all buildin�s and structures, excent columbaria.
are located at least 50 feet from anv adiacent nronertv zoned for residential use
{�}}�7 Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
81 Public service structures.nrovided that:
a. all buildin�s are located at least 50 feet from anv adiacent nronertv zoned
for residential use: and
b. the architectural desien of the structure is comnatible with the architectural
desien of the surroundin� area.
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153661 v2 60
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{�}�9 �rovision of a 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 aze in keeping with
the intended use of the accessory building.
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.
153661v2 61
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.
(101 Schools. Davcare Centers.Uses Accessorv to a Hi�h School.
a. Pre-kinder�arten.nrimarv and secondarv nublic schools and nrivate
schools with a curriculum similar to a nre-kindergarten,nrimarv or
secondarv school Schools mav include before and after school care for
students.
b. Davcare centers. nurserv schools and similar nro�rams that are not
associated with a nublic or nrivate school and serve nre-kinder�arten
chil ren
c. Indoor ice arenas accessorv to a hish school nrovided the arena. includin�
accessorv uses. is:
1. located on the same ta�c narcel as the hish school to which it is
accessorv and is owned bv the local school district:
2. not senarated from the hish school buildin�bv a nublic road;
3. onerated bv the school district or bv a nonnrofit orsanization: and
4. all structures are located at least 50 feet from anv adiacent nronertv
zoned for residential use.
f 111 Two-familv dwellin�. nrovided that:
a. nublic sanitv sewer service is available:
b. the lot is adiacent to a commercial or industrial narcel•
c. the dwellin�is within 200 feet of the commercial or industrial narcel: and
d. the desiQn of the dwellin�is comnatible with the surroundin�residences.
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153661 v2 62
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153661v2 63
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SECTION 16. The following language has been deleted and added to Section 78-349
(Accessory Uses) of the Orono City Code:
Sec. 78-349. Accessory uses.
Within any LR-1C one-family lakeshore residential district, the following uses shall be
permitted accessory uses:
�l) > > �
.Buildin�s temnorarilv located for nurooses of
c nstruction on the nremises for a neriod not to exceed time necessarv for such
constructin�.
(2) . ommunication recention/transmission devices
as follows:
153661v2 64
a Accessorv antennas Accessorv antennas shall be limited to radio and
television receivin�antennas, satellite dishes. TVROs. and amateur
shortwave radio transmittin� and receivin� antennas. Accessorv antennas
that are accessorv to the nrincinle use of nronertv aze nermitted accessorv
uses in all zoning districts, nrovided that thev meet the followin�
conditions:
1. Height. A �round-mounted accessorv antenna shall not exceed 20
feet in heisht from Qround level.
2. Yards. Accessorv antennas shall not be located within the reauired
front vard setback. corner side vard setback or side vard setback
abuttin�a street.
3. Roofs. If ve�eta.tion or obstructions interfere with satellite si�nals
at a location in anv allowable nlacement area. the accessorv
antenna mav be nlaced on the roof of anv authorized structure on
the bremises.
4. Location. Accessorv antennas shall not be located within a
reauired vard or setback area or within draina�e or utilitv
easements. Antenna towers shall be set back from adiacent
nronertv lines a horizontal distance no less than the maximum
height of the antenna.
5. BuildinQ permits. A buildin�nermit shall be reauired for the
installation of anv accessorv antenna reauirin� a conditional use
nermit. Buildin�nermit annlications shall be accomnanied bv a
site nlan and structural comnonent data for the accessorv antenna.
includin�details of anchorins. The buildin�official must annrove
the nlans before installation.
6. Lightning nrotection. Each accessorv antenna shall be �rounded to
nrotect a�ainst natural li�htnin�strikes in conformance with the
National Electrical Code as adonted bv the citv.
7. Electrical code. Accessorv antenna electrical eauinment and
connections shall be desimed and installed in conformance with
the National Electrical Code_as adonted bv the citv.
8 Color/content Accessorv antennas shall be of a neutral color and
sha11 not be used as siQnage.
b. Amateur shortrvave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessorv
153661 v2 ($
antennas mav be allowed with a conditional use nermit in all zonin�
districts.nrovided thev meet the followin�conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower. the total hei�ht of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front. corner side or side vard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
e located within anv reauired setback area and shall be located no
less than the hei�ht of the antenna and tower from the nronertv
line.
(3) , , .Gardenin�and other
horticultural uses. includin�aviaries and decorative landscane features.
(4) Home occupations, as defined in this chapter. All home occupations shall comply
with the provisions of section 78-1376, and the licensing provisions of 26-76,
when applicable.
(5) , . ne roadside stand offerinE for sale onlv farm
roducts nroduced on the nremises. nrovided such stand does not exceed 200
s uare feet in area and is located at least 30 feet back from the nublic risht-of-
wav
(6)
.Private docks. subiect
to is code and other anblicable re�ulations. includin�boat stora�e densitv
reauirements.
��) �
�ss��e-�'�Private Qara�es and narkin� snace.
�g) � �
�n ��+'���'���� +'��„„'�,;�-��-�+ ��'.-,��.private swimmin�nools, tennis courts.
and naddocks.
(9) Si�ns. as reeulated in this chanter.
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153661v2 66
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SECTION 17. The following language has been deleted and added to Section 78-366
(Permitted Uses) of the Orono City Code:
Sec. 78-366. Permitted uses.
Within the LR-1C-1 one-family lakeshore residential district, no land or structure shall be
used except for one or more of the following uses:
(1) ^„� ���'��a�+��'��a a�T��"���-�Citv-owned nublic service structures that have
been annroved bv the Citv Council after the reauired nublic hearin�s for nublic
imnrovement nroiects. nrovided that:
a. All buildines are located at least 50 feet from anv adiacent nronertv zoned
for residential use.
b. The architectural desisn of the structure is found to be comnatible with the
surroundin� area.
c. If the citv nronoses amendment to the annroved desien nlans or the
nlacement of the structure. notice of the nronosed chan�es shall be mailed
to all nronertv owners within 350 feet of the naxcel on which the structure
is to be located. If the nronosed structure is to be located within a nublic
ri�ht-of-wav,nronertv owners within 350 feet of the structure shall be
mailed notice of the nronosed changes. Notice shall be ma,iled at least 14
davs before the council meeting at which the amended blans will be
considered.
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�-3} 2�. Municipal buildings.
{� 3� Nonrental guest apartments (no exterior ingress or egress). An apaxtment 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
153661 v2 6 g
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.
(4) One-familv detached dwellinss.
5�. Personal wireless service antennas and towers.
a. Purpose and intent. The purpose of subsection(4) of this section is to
establish predictable,balanced regulations for the siting and screening of
wireless communications equipment in order to accommodate the growth
of wireless communication systems within the city while protecting the
public against any adverse impacts on the city's aesthetic resources and
the public welfare.
b. Personal wireless service antennas. Personal wireless service antennas
erected on a municipal water tower may be allowed as a secondary use
by administrative permit, provided they comply with the city policy
regarding the use of city-owned property for wireless telecommunication
antennas and provided they meet the following conditions:
1. The antenna shall be in compliance with the state building code
and all other applicable federal and state regulations and permits.
2. Structural design, mounting and installation of the antenna shall
be in compliance with manufacturer's specifications and shall be
verified and approved by a registered professional engineer.
3. No advertising message shall be affixed to the antenna.
4. Antennas shall not be artificially illuminated unless required by
law or by the Federal Aviation Administration(FAA) to protect
the public's health and safety.
5. When applicable,proposals to erect new antennas shall be
accompanied by any required federal, state, or local agency
licenses.
6. Transmitting,receiving, and switching equipment shall be housed
within the existing structure. If a new equipment building is
necessary for transmitting, receiving and switching equipment, it
shall be situated in the rear yard of the principal use and shall be
screened from view by landscaping.
153661v2 69
7. All obsolete and unused antennas shall be removed within 12
months of cessation of operation at the site,unless an exemption
is granted by the city administrator or designee. The removal sha11
be the responsibility of the communication provider.
8. Antennas shall utilize camouflaging techniques or shall be side-
mounted to an antenna support structure in order that such
facilities are compatible with the character and environxnent of
the area in which they are located.
9. The applicant shall demonstrate by providing a
coverage/interference analysis and capacity analysis prepared by
a registered professional engineer that the location of the antenna
as proposed is necessary to meet the frequency spacing needs of
the personal wireless service system and to provide adequate
portable personal wireless service coverage and capacity to the
area.
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SECTION 18. The following language has been deleted and added to Section 78-367
(Conditional Uses) of the Orono City Code:
Sec. 78-367. Conditional uses.
Within the LR-1C-1 one-family lakeshore residential district, no structure or land shall be
used for the following uses without a conditional use permit:
(1)
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nrovided that:
a. The area is ten or more acres.
153661v2 '70
b. T'here are no dwellin�s on the land. excent for one for the nronertv owner
or the onerator of the farm.
c. There are no accessorv buildin�s or structures on the land other than those
allowed for a residential use.
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, , , non-nrofit camps, and
reli�ious e��camps, ,
�se�nrovided that:
a. all nrincinal buildin�s
are located at least 100 feet e�e�e from any�b '
�adiacent nronertv zoned for residential use:;and
b. all accessory buildin�s and structures more than six feet in hei�ht are
located at least 50 feet from�e�
adiacent nronertv zoned for residential use.
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f 8} 3� Guest houses and nonrental guest apartments.
a. ��•��* ��••���. Guest houses. nrovided that:�-s
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1. the lot is at least two times the minimum lot a.rea reauired bv this
section: and
2. the �uest house is for the sole use of the occunants of the nrincinle
dwellin�, includin�their domestic emnlovees and nonnavin�
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anartments with exterior in�ress and e�ress.nrovided that:
153661v2 '72
1. the annlication for a �uest anartment adeauatelv addresses the
concerns of varkin�. sewa�e treatment. exterior access method.
and interior access method•
2 there is at least one access door to the anarhnent from inside the
nrincinal dwellin� and this door is the nrimarv means of accessin�
the anartment:
3. the Quest anartment does not have a seroarate address;
4. the guest anartment's utilities are not metered senaratelv from the
princinal dwellin�: and
5. the �uest anartment is for the sole use of the occunants of the
princinal dwellins. includin�their domestic emnlovees and
nonnavin� �uests.
(41 Keenin�of farm animals for noncommercial nurnoses and for the use of the
occunants of nremises. nrovided that:
a. Where the annlicant reauests a conditional use nermit to keen horses, there
must be at least one acre for the dwellin�and two acres of onen nasture
for the first horse. If the annlicant reauests a conditional use nermit to
keen more than one horse, the nronertv must have one additional acre of
onen nasture for each additional horse. Calculations of minimum nasture
acrea�e shall not include anv land defined as a wetland or wetland buffer
under Section 78-1602. When horses are kent stabled and do not reauire
nasture for feed nuraoses. the minimum basture reauirement mav be
adiusted at the discretion of the Council.
b. Where the annlicant reauests a conditional use nermit to keen farm
animals other than horses.there must be at least one acre for the dwelling
and one acre for each animal unit. Calculations of minimum acrease
reauired shall not include anv land defined as a wetland or wetland buffer
under Section 78-1602.
c. Anv buildin�or structure associated with the animals is located more than
150 feet from the nearest adiacent residence and at least 75 feet from the
nearest lot line.
d. The use is onerated in comnliance with Chavter 62. Animals.
(51 Personal wireless service antennas. Personal wireless service antennas erected on
a municinal structure other than a water tower mav be allowed as a conditional
use if thev meet the followin�criteria:
153661v2 '73
a. Such antennas must be in comnliance with the citv nolicv re�ardin�the
use of citv-owned vronertv for wireless telecommunication antennas:
b. Such antennas must meet the conditions listed for nersonal wireless
service antennas as a nermitted use in the LR-1 C zonin�district.
c. Such antennas mav be located in the followin�locations:
1. Co-located on an existin�citv emer�encv warnin�siren tower.
2. Co-located on a renlacement citv emer�encv warnin� siren tower.
with a hei�ht not to exceed 75 feet.
3. o-located on a new citv emer�encv warnin� siren tower. at a
location that meets the citv's emer�encv warnins needs, with a
hei�ht not to exceed 75 feet.
d. Such antennas shall meet the followin�nerformance standards:
1. The antennas must be located on the existin�emergencv warnin�
sirens uoles. unless the hei�ht of the existin�nole. or the canacitv
of the existin�nole to sunnort both the siren and the antenna(sl is
inadeauate to minimallv meet the needs of the carrier. In this case.
the camer mav be allowed to install a reulacement tower that will
accommodate both the emer�encv warnin�siren and the
telecommunications antenna(sl. The existing emer�encv siren
t wers can be renlaced with towers with a maximum heieht of 75
feet. with the condition that the tower accommodates both the
emer�encv warning siren and the telecommunications antenna(sl.
The citv mav also reauire the tower to have the canabilitv of
accommodatin�one additional carrier's antenna(sl.
2. A new emer�encv warnin�siren tower location. selected bv the
citv to meet its exner�encv warnin�needs. could also be used as a
telecommunications antenna site throush co-location of the
warnin� siren and antenna. The standards set out in 1. above also
nnlv to a siren tower in a new location.
3. The hei�ht of a tower can be no hisher than the minimum hei�ht
reauired to address a �an in covera�e.
4. The setback of a tower from a nronertv line must. at minimum.be
e�ual to the heisht of the tower. excent where an existin�
emer�encv warnin�siren is located on a site that does not enable
this setback too be provided.
153661v2 '74
5 A carrier must demonstrate throu�h an engineerin� analvsis that
there is a san in covera�e.
6. At the citv's discretion, a tower must be desi�ned to structurallv
enable co-location bv another camer. and the carrier must a�ree to
allow co-location.
7. The carrier must nrovide comnuter-senerated nhotos showin�the
views (as selected bv the citvl with an without the tower.
8 All consultant analvsis and lesal analvsis related to the towers and
the lease of the towers shall be naid bv the carrier.
9. The carrier is reauired to nrovide covera�e mans to demonstrate
the snecific ean in covera�e and need for an additional tower and
antenna(�l and to demonstrate there are no existing tower ontions
within a radius of two miles that could accommodate the carrier's
antenna needs.
10. The size of the cabinets on the Qround needed to house the sunnort
eauinment for the antennas is limited to the minimum necessarv
size, as determined bv the citv council. Annronriate ve�etative
screenin�of�round cabinets shall be nrovided bv the carrier,
subiect to annroval bv the citv council. The council at its discretion
mav allow the use of non-ve�etative screenin�methods such as
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bermin�, fencing. etc.
11. "Stealth"-tvne antennas (cvlindricall vs. an arrav of nanels, is
reauired if the technolo�v is available.
12. Onlv mononole towers are allowed.
(61 Places of worshin,nrovided that all buildin�s and structures. exceut columbaria.
are located at least 50 feet from anv adiacent nronertv zoned for residential use.
{�}�7 Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
(81 Public service structures. vrovided that:
a. all buildin�s are located at least 50 feet from anv adiacent bronertv zoned
for residential use: and
b the architectural desi�n of the structure is comnatible with the architectural
desisn of the surroundin� area.
153661v2 75
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(-�-�-}�9 �Provision of a 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.
153661v2 76
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 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.
101 Schools. Davcare Centers. Uses Accessorv to a Hish School.
a. Pre-kindersarten,vrimarv and secondarv nublic schools and nrivate
schools with a curriculum similar to a nre-kindersarten. tirimarv or
secondarv school. Schools mav include before and after school care for
students.
b. Davcare centers, nurserv schools and similar nroQrams that are not
associated with a nublic or nrivate school and serve nre-kinder�arten
children.
c. Indoor ice arenas accessorv to a hi�h school nrovided the arena. includin�
accessorv uses. is:
1. located on the same tax narcel as the hi�h school to which it is
accessorv and is owned bv the local school district:
2. not senarated from the high school buildin�bv a nublic road:
3. onerated bv the school district or bv a nonnrofit or�anization: and
4. all structures are located at least 50 feet from anv adiacent nronertv
zoned for residential use.
111 Two-familv dwelling.brovided that:
a. nublic sanitv sewer service is available;
153661v2 '77
b. the lot is adiacent to a commercial or industrial narcel:
c. the dwellin�is within 200 feet of the commercial or industrial narcel: and
d. the desi�n of the dwellin�is comnatible with the surrounding residences.
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SECTION 19. The following language has been deleted and added to Section 78-368
(Accessory Uses) of the Orono City Code:
Sec. 78-368. Accessory uses.
153661v2 79
Within any LR-1 C-1 one-family lakeshore residential district, the following uses shall be
permitted accessory uses:
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.Buildin�s temnorarilv located for nuruoses of
construction on the nremises for a neriod not to exceed time necessarv for such
constructing.
(2) .Communication recention/transmission devices
as follows:
a. Accessorv antennas. Accessorv antennas shall be limited to radio and
television receivin�antennas. satellite dishes. TVROs. and amateur
shortwave radio transmitting and receivine antennas. Accessorv antennas
that are accessorv to the nrincinle use of nronertv are nermitted accessorv
uses in all zonin�districts. nrovided that thev meet the followin�
conditions:
1. Height. A ground-mounted accessorv antenna shall not exceed 20
feet in heisht from �round level.
2. Yards. Accessorv antennas shall not be located within the reauired
front vard setback. corner side vard setback or side vard setback
abuttin�a street.
3. Roofs. If veeetation or obstructions interfere with satellite sienals
at a location in anv allowable nlacement area. the accessorv
antenna mav be nlaced on the roof of anv authorized structure on
the nremises.
4. Location. Accessorv antennas shall not be located within a
reauired vard or setback area or within draina�e or utilitv
easements. Antenna towers shall be set back from adiacent
ronertv lines a horizontal distance no less than the maximum
heisht of the antenna.
5. Building nermits. A buildine nermit shall be reauired for the
installation of anv accessorv antenna reauirin�a conditional use
permit. Buildin�nermit annlications shall be accomnanied bv a
site nlan and structural comnonent data for the accessorv antenna.
includin�details of anchorin�. The buildin�official must annrove
the nlans before installation.
153661v2 g�
6 Lightning nrotection Each accessorv antenna shall be Qrounded to
nrotect a�ainst natural li�htnins strikes in conformance with the
National Electrical Code as adonted bv the citv.
7 Electrical code. Accessorv antenna electrical eauinment and
connections shall be desiened and installed in conformance with
the National Electrical Code as adonted bv the citv.
8 Color/content Accessorv antennas shall be of a neutral color and
shall not be used as sima�e.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accesso
antennas mav be allowed with a conditional use nermit in all zonine
districts nrovided thev meet the followin�conditions:
1 Height When an amateur shortwave radio antenna is mounted on
an antenna tower the total hei�ht of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side vard.
3 Setbacks Amateur shortwave radio antennas and towers shall not
be located within anv re�uired setback area and shall be located no
less than the hei�ht of the antenna and tower from the nronertv
line.
�3� D + ,�, *� „�r -�a _ �uu;,�'. �ardenin�and other
horticultural uses includine aviaries and decorative landscape features.
(4) Home occupations, as defined in this chapter. All home occupations sha11 comply
with the provisions of section 78-1376, and the licensing provisions of 26-76,
when applicable.
(5� , .One roadside stand offering for sale onlv farm
vroducts nroduced on the nremises nrovided such stand does not exceed 200
sauare feet in area and is located at least 30 feet back from the vublic risht-of-
wav
(6)
.Private docks, subiect
to this code and other annlicable re�ulations. includin�boat stora�e densitv
reauirements.
153661 v2 g 1
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�sa.���Private garases and narkin� snace.
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and naddocks.
(9) Sisns. as re�ulated in this chanter.
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SECTION 20. The following language has been deleted and added to Section 78-392
(Permitted Uses) of the Orono City Code:
Sec. 78-392. Permitted uses.
Within any RR-lA one-family rural residential district,no land or structures shall be used
except for one or more of the following uses:
(1) itv-owned nublic service structures that have
been annroved bv the Citv Council after the reauired nublic hearin�s for nublic
imnrovement nroiects.nrovided that:
a. All buildin�s are located at least 50 feet from anv adiacent nronertv zoned
for residential use.
b. The architectural desi�n of the structure is found to be comnatible with the
surroundin� area.
c. If the citv nroboses amendment to the annroved desien nlans or the
lacement of the structure,notice of the nronosed chan�es shall be mailed
to a11 nronertv owners within 350 feet of the narcel on which the structure
153661v2 83
is to be located. If the nronosed structure is to be located within a nublic
ri�ht-of-wav.nronertv owners within 350 feet of the structure shall be
mailed notice of the nronosed chan�es. Notice shall be mailed at least 14
davs before the council meetin� at which the amended nlans will be
considered.
(2) . r n fanns.nrovided that:
a. The area is ten or more acres
b. There are no dwellin�s on the land. excent for one for the nronertv owner
or the operator of the farm.
c. ere are no accessorv buildings or structures on the land other than those
allowed for a residential use.
(3) Municipal buildings.
(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.
(41 One-familv detached dwellin�s.
(51 Publiclv owned naxks and nlavQrounds.
SECTION 21. The following language has been deleted and added to Section 78-393
(Conditional Uses) of the Orono City Code:
Sec. 78-393. Conditional uses.
Within any RR-lA one-family rural residential district, no structure or land shall be used
for the following uses without a conditional use permit.
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153661v2 84
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{�} l� Golf courses, country clubs,tennis clubs,
, , , non-profit camps, n�_d
reli '�ous s�camps, ,
�ses:provided that:
a. All nrincinal buildinss
are located at least 100 feet er-�e�e from any�'��•**�r�-'�*�-� �„ D
�adiacent nronertv zoned for residential use.;
b. All accessory buildin�s and structures more than six feet in height are
located at least 50 feet from��e�-k��
ad'acent nronertv zoned for residential use.
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{-9-} 2� Guest houses and nonrental guest apartments.
a. . uest houses,nrovided that:
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1. the lot is at least two times the minimum lot area reauired bv this
section: and
2. the auest house is for the sole use of the occuna.nts of the nrincitile
dwelling. including their domestic emnlovees and nonnavin�
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a artments with exterior ineress and e�ress.nrovided that:
1. the annlication for a �uest anartment adeauatelv addresses the
concerns of narkin�. sewa�e treatment. exterior access method.
and interior access method:
153661v2 g(
2 there is at least one access door to the anarhnent from inside the
nrincinal dwellin� and this door is the nrimarv means of accessin�
the anartment:
3. the �uest anartment does not have a senarate address;
4. the �uest anartment's utilities are not metered senaratelv from the
rincival dwellin�: and
5. the Quest anarhnent is for the sole use of the occunants of the
nrincinal dwellin�. includin�their domestic emnlovees and
nonnavin� Quests.
(31 Personal wireless service antennas. Personal wireless service antennas erected on
a municinal structure other than a water tower mav be allowed as a conditional
use if thev meet the followin� criteria:
a. Such antennas must be in comnliance with the citv nolicv regardine the
use of citv-owned nronertv for wireless telecommunication antennas:
b Such antennas must meet the conditions listed for nersonal wireless
service antennas as a nermitted use in the LR-1C zonin�district.
c. Such antennas mav be located in the followin�locations:
1. Co-located on an existin� citv emergencv warnin� siren tower.
2. Co-located on a renlacement citv emerEencv warnin� siren tower.
with a heisht not to exceed 75 feet.
3. Co-located on a new citv emer�encv warning siren tower. at a
location that meets the citv's emer�encv warnin�needs,with a
hei�ht not to exceed 75 feet.
d. Such antennas shall meet the followin�nerformance standards:
l. The antennas must be located on the existin� emer�encv warnin�
sirens noles. unless the heieht of the existin�nole, or the canacitv
of the existin�nole to sunnort both the siren and the antenna(sl is
inadeauate to minimallv meet the needs of the carrier. In this case
the carrier mav be allowed to install a renlacement tower that will
accommodate both the emer�encv warnin� siren and the
telecommunications antenna(sl. The existin�emersencv siren
towers can be renlaced with towers with a maximum heisht of 75
feet with the condition that the tower accommodates both the
emer�encv warnin�siren and the telecommunications antenna(sl.
153661v2 $']
The citv mav also reauire the tower to have the canabilitv of
accommodatin�one additional carrier's antenna(sl.
2. A new emer�encv warnin� siren tower location. selected bv the
citv to meet its emereencv warnin�needs. could also be used as a
telecommunications antenna site throu�h co-location of the
warnin�siren and antenna. The standards set out in 1. above also
a nlv to a siren tower in a new location.
3. The hei�ht of a tower can be no hi�her than the minimum hei�ht
reauired to address a �an in covera�e.
4. The setback of a tower from a nronertv line must. at minimum,be
eaual to the heisht of the tower, excent where an existin�
emereencv warnin� siren is located on a site that does not enable
this setback too be nrovided.
5. A carrier must demonstrate throush an eneineerin�analvsis that
there is a Qan in covera�e.
6. At the citv's discretion. a tower must be desiQned to structurallv
enable co-location bv another carrier. and the carrier must a�ree to
allow co-location.
7. The carrier must nrovide comnuter-�enerated nhotos showin�the
views (as selected bv the citvl with an without the tower.
8. All consultant analvsis and le�al analvsis related to the towers and
the lease of the towers shall be naid bv the carrier.
9. The carrier is reauired to nrovide covera�e mans to demonstrate
the snecific �an in coverage and need for an additional tower and
antenna(sl. and to demonstrate there are no existin�tower ontions
within a radius of two miles that could accommodate the carrier's
antenna needs.
10. The size of the cabinets on the sround needed to house the sunnort
eauinment for the antennas is limited to the minimum necessarv �
ize. as determined bv the citv council. Anbronriate veeetative
sereenin�of�round cabinets shall be nrovided bv the carrier.
subiect to annroval bv the citv council. The council at its discretion
mav allow the use of non-ve�etative screenin�methods such as
bermin�. fencin�, etc.
11. "Stealth"-tvne antennas (cvlindricall vs. an arrav of nanels. is
reauired if the technoloQv is available.
153661 v2 g g
12. Onlv mononole towers are allowed.
(41 Places of worshin.nrovided that all buildin�s and structures. excent columbaria,
are located at least 50 feet from anv adiacent nronertv zoned for residential use.
{-�A� 5�Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
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(-�-4}�6 �e-�Provision of a 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.
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.
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(71 Public service structures.nrovided that:
a. all buildings are located at least 50 feet from anv adiacent nronertv zoned
for residential use: and
b. the architectural desien of the structure is comnatible with the architectural
desim of the surroundin�area.
(81 Public stables and barns. nrovided that:
153661 v2 91
a. The nublic stable or barn is accessorv to a residential use.
b. Such structures are located at least 150 feet from the nearest lot line.
91 Ridin� academv.nrovided that:
a. It is accessorv to a residential use.
b. It is onerated bv an owner or resident of the nronertv.
c. The number of horses and farm animals mav not exceed the limitations of
Section 78-394(51.
d. No instruction occurs less than 100 feet from a residence on an adiacent
ronertv or less than 75 feet from the lot line.
101 Stock farms,nrovided that:
a. Excluding wetlands and wetland bufFers as defined in Sections 78-1602
and 78-1605 there are a minimum of 10 acres of land devoted to the
keeuin�of animals and the animal densitv is no more than two animal
units an acre on the land devoted to keevin�the animals.
b. Nc� dwellin�s are nermitted excent one for the nronertv owner or the
onerator of the farm.
c. No accessorv buildings or structures are nermitted other than those
allowed for a residential use.
111 Wholesale �een houses. nrovided that:
a. All outside storage is fenced so as to screen the stored material from view
when observed from all nublic streets or adioinin�lots.
b. Crreenhouse structures are not located in a reauired vard area.
c. There are no dwellings on the nronertv. excevt one for the owner or
o erator of the wholesale �reenhouse.
d. There are no accessorv buildings or structures other than those allowed for
a residential use.
SECTION 22. The following language has been deleted and added to Section 78-394
(Accessory Uses) of the Orono City Code:
153661 v2 92
Sec. 78-394. Accessory uses.
Within any RR-lA one-family rural residential district,the following uses shall be a
permitted accessory uses:
(1� D ' * � T� �a '-�;�� ��� �Buildin�s temnorarilv located for nurooses of
a�Y�a n ' i
constructin�on the nremises for a veriod not to exceed time necessarv for such
constructin�.
�2� �-• + , +�r ,,�*� „a �^aa��'�SCommunication
, , r
recention/transmission devices as follows:
a Accessoi-v antennas Accessorv antennas shall be limited to radio and
television receivin� antennas satellite dishes TVROs. and amateur
shortwave radio transmittin�and receivinE antennas. Accessorv antennas
that are accessorv to the nrincinal use of nronertv are nermitted accessorv
uses in all zoning districts nrovided thev meet the followin� conditions:
1 Height A Qround-mounted accessorv antenna shall not exceed 20
feet in hei�ht from Qround level.
2 Yards Accessorv antennas shall not be located within the reauired
front vard setback corner side vard setback or side vaxd setback
abutting a street.
3 Roofs If ve�etation or obstructions interfere with satellite si�nals
at a location in anv allowable nlacement area. the accessorv
antenna mav be nlaced on the roof of anv authorized structure on
the nremises.
4 Location Accessorv antennas shall not be located within a
reauired vard or setback area or within draina�e or utilitv
easements Antenna towers shall be set back from adiacent
nronertv lines a horizontal distance no less than the maximum
hei�ht of the antenna.
5 Building nermits A buildin�nermit shall be reauired for the
installation of anv accessorv antenna reauirin�a conditional use
nermit Building vermit annlications shall be accomnanied bv a site
nlan and structural comnonent data for the accessorv antenna.
includin�details of anchoring. The buildins official must annrove
the nlans before installation.
6 Lightning nrotection Each accessorv antenna shall be Qrounded to
vrotect asainst natural li�htnins strikes in conformance with the
National Electrical Code as adonted bv the citv.
153661v2 93
7. Electrical code Accessorv antenna electrical eauinment and
connections shall be desiQned and installed in conformance with
the National Electrical Code as adonted bv the citv.
8. Color/content Accessorv antennas shall be of a neutral color and
shall not be used as si�nase.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessorv
antennas mav be allowed with a conditional use nermit in all zonin�
districts.nrovided thev meet the followin� conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower the total hei�ht of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front. corner side or side vard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within anv reauired setback area and shall be located no
less than the hei�ht of the antenna and tower from the nronertv
line.
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, .Gardenin� and other horticultural uses. includin� aviaries and
decorative landscane features.
(4) , .Home occunations. as defined in this chanter.
All home occunations shall comnlv with the nrovisions of section 78-1376. and
the licensin�nrovisions of section 26-76,when antilicable.
(5)
, . . , ,� ,.w „�,..,,.�;..
Y�==�..._�< <� �-.Keenin�of fann
animals for noncommercial nurnoses and for the use of the occunants of nremises.
nrovided that:
a. Where the annlicant reauests a conditional use nermit to keeu horses, there
must be at least one acre for the dwellin�and two acres of onen nasture
for the first horse. If the annlicant reauests a conditional use nermit to
keeu more than one horse. the nronertv must have one additional acre of
onen nasture for each additional horse. Calculations of minimum nasture
acrea�e shall not include anv land defined as a wetla�nd or wetland buffer
under Section 78-1602. When horses are keut stabled and do not reauire
153661v2 94
asture for feed nuraoses. the minimum nasture reauirement mav be
adiusted at the discretion of the Council.
b. Where the annlicant reauests a conditional use nermit to keeu farm
animals other than horses. there must be at least one acre for the dwelling
and one acre for each animal unit. Calculations of minimum acrea�e
reauired sha11 not include anv land defined as a wetland or wetland buffer
under Section 78-1602.
c. Anv buildin�or structure associated with the animals is located more than
150 feet from the nearest adiacent residence and at least 75 feet from the
nearest lot line.
d. The use is onerated in comnliance with Chanter 62. Animals.
�6� � .
�ge-�e��es:One roadside stand offerin�for sale onlv farm nroducts
roduced on the nremises.nrovided such stand does not exceed 200 sauare feet in
area and is located at least 30 feet back from the nublic ri�ht-of-wav.
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153661v2 95
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153661v2 96
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•�* � ��-�•_��*� *�-�r -��*'��� �'�a�.Private swimminE nools, tennis
courts. and vaddocks.
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� -��*'�* '�„�.Si�ns, as re�ulated in this chanter.
SECTION 23. The following language has been deleted and added to Section 78-417
(Permitted Uses) of the Orono City Code:
Sec. 78-417. Permitted uses.
Within any RR-1B one-family rural residential district,no land or structures shall be used
except for one or more of the following uses:
(1) Citv-owned nublic service structures that have
been annroved bv the Citv Council after the reauired nublic hearin�s for nublic
imnrovement nroiects,nrovided that:
a. All buildin�s are located at least 50 feet from anv adiacent nronertv zoned
for residential use.
b. The architectural desiQn of the structure is found to be comnatible with the
surroundin�area.
c. If the citv nronoses amendment to the annroved desi�n nlans or the
placement of the structure. notice of the nronosed chanses shall be mailed
to all nronertv owners within 350 feet of the narcel on which the structure
is to be located. If the nronosed structure is to be located within a nublic
ri�ht-of-wav nronertv owners within 350 feet of the structure shall be
mailed notice of the nronosed chan�es Notice shall be mailed at least 14
davs before the council meeting at which the amended nlans will be
considered.
(2) D„�-�;�,-.� �a ��L� �na -�'�-,�---� „a�,Cron farms, nrovided that:
a. The area is ten or more acres.
b. There are no dwellin�s on the land. excent for one for the nronertv owner
or the onerator of the fann.
]53661v2 97
c. There are no accessorv buildin�s or structures on the land other than those
allowed for a residential use.
(3) Municipal buildings.
41 Nonrental Quest anartments (no exterior insress or eeressl. An anartment within
the nrincinal residence structure on a lot for the sole use of the occunants of the
nrincinal residence, includin�their domestic emnlovees or nonbavin� �uests. The
onlv means of in�ress or e�ress to the anartment shall be from within the nrincinal
structure. Annlication for such a �uest anarhnent shall address the concems of
parking. sewa�e treatment, entrvwav and interior access method. Such anartments
shall not have utilities metered senaratelv from the nrincinal residence utilities
and shall not have a seuarate street address.
(51 One-familv detached dwellin�s.
f 4}�6 Personal wireless service antennas and towers.
a. Purpose and intent. The purpose of subsection (4) of this section is to
establish predictable,balanced regulations for the siting and screening of
wireless communications equipment in order to accommodate the growth
of wireless communication systems within the city while protecting the
public against any adverse impacts on the city's aesthetic resources and
the public welfare.
b. Personal wireless service antennas. Personal wireless service antennas
erected on a municipal water tower may be allowed as a secondary use
by administrative permit,provided they comply with the city policy
regarding the use of city-owned property for wireless telecommunication
antennas and provided they meet the following conditions:
l. The antenna shall be in compliance with the state building code
and all other applicable federal and state regulations and permits.
2. Structural design,mounting and installation of the antenna shall
be in compliance with manufacturer's specifications and shall be
verified and approved by a registered professional engineer.
3. No advertising message shall be affixed to the antenna.
4. Antennas shall not be artificially illuminated unless required by
law or by the Federal Aviation Administration (FAA) to protect
the public's health and safety.
153661v2 98
5. When applicable,proposals to erect new antennas shall be
accompanied by any required federal, state, or local agency
licenses.
6. Transmitting,receiving, and switching equipment shall be housed
within the existing structure. If a new equipment building is
necessary for transmitting, receiving and switching equipment, it
shall be situated in the rear yard of the principal use and shall be
screened from view by landscaping.
7. All obsolete and unused antennas shall be removed within 12
months of cessation of operation at the site,unless an exemption
is granted by the city administrator or designee. The removal shall
be the responsibility of the communication provider.
8. Antennas shall utilize camouflaging techniques or shall be side-
mounted to an antenna support structure in order that such
facilities are compatible with the character and environment of
the area in which they are located.
9. The applicant shall demonstrate by providing a
coverage/interference analysis and capacity analysis prepared by
a registered professional engineer that the location of the antenna
as proposed is necessary to meet the frequency spacing needs of
the personal wireless service system and to provide adequate
portable personal wireless service coverage and capacity to the
area.
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71 Publiclv owned narks and nlavarounds.
SECTION 24. The following language has been deleted and added to Section 78-418
(Conditional Uses) of the Orono City Code:
Sec. 78-418. Conditional uses.
Within any RR-1B one-family rural residential district, no structure or land shall be used
for the following uses without a conditional use permit:
153661 v2 99
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{4� 1� Golf courses, country clubs, tennis clubs,
, , , non-nrofit camps, and
reli�ious�sk camps, ,
�se�:provided that:
a. All nrincinal buildin�s
are located at least 100 feet e�e�e from any
�a iacent nronertv zoned for residential use.;
b. All accessory buildings and structures more than six feet in height are
located at least 50 feet from�ze�
adiacent nronertv zoned for residential use.
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153661 v2 100
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f 8}�2 Guest houses and nonrental guest apartments.
a. �••��' '�-•���. Guest houses.nrovided that:
�
�s�s�
1. the lot is at least two times the minimum lot area reauired by this
section: and
2. the �uest house is for the sole use of the occunants of the nrincinle
dwellin�. includins their domestic emnlovees and nonnavin�
u�
b.
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e,,;aa...,.o,,.:,;�;o� ,,,,a ��..,�i ,,,,��,.,.,o ., ,..,,.o�,.,.00,. �aa,.o��. Guest
a artments with exterior insress and esress.nrovided that:
153661v2 101
1. the annlication for a �uest anartment adeauatelv addresses the
concerns of narkin�. sewa�e treatment. exterior access method,
and interior access method:
2. there is at least one access door to the apariment from inside the
nrincinal dwellin�and this door is the nrimarv means of accessinS
the anarhnent:
3. the guest anarlment does not have a senarate address:
4. the guest anartment's utilities are not metered senaratelv from the
nrincinal dwellin�; and
5. the Quest anartment is for the sole use of the occunants of the
princinal dwellin�. including their domestic emnlovees and
nonnavine �uests.
31 Personal wireless service antennas. Personal wireless service antennas erected on
a municinal structure other than a water tower mav be allowed as a conditional
use if thev meet the followin�criteria:
a. Such antennas must be in comnliance with the citv nolicv re�ardin�the
use of citv-owned nronertv for wireless telecommunication antennas•
b. Such antennas must meet the conditions listed for personal wireless
service antennas as a nermitted use in the LR-1 C zoninE district.
c. Such antennas mav be located in the followin�locations:
1. Co-located on an existin�citv emergencv warnin� siren tower.
2. Co-located on a renlacement citv emersencv warnin�siren tower.
with a hei�ht not to exceed 75 feet.
3. Co-located on a new citv emerEencv warnin�siren tower. at a
location that meets the citv's emer�encv warnin�needs. with a
hei�ht not to exceed 75 feet.
d. Such antennas shall meet the followins nerformance standards:
1. The antennas must be located on the existin�emergencv warnine
sirens noles.unless the heisht of the existin�nole. or the canacitv
of the existin�nole to sunnort both the siren and the antenna(sl is
inadeauate to minimallv meet the needs of the carrier. In this case.
the carrier mav be allowed to install a reulacement tower that will
153661 v2 1 Q2
accommodate both the emergencv warnin� siren and the
telecommunications antenna(sl. The existin� emereencv siren
towers can be renlaced with towers with a maximum heisht of 75
feet with the condition that the tower accommodates both the
emer�encv warnin�siren and the telecommunications antenna(sl.
The citv mav also reauire the tower to have the canabilitv of
accommodatin�one additional carrier's antenna(sl.
2 A new emer�encv warnin� siren tower location. selected bv the
citv to meet its emer�encv warninS needs could also be used as a
telecommunications antenna site throush co-location of the
warnin siren and antenna The standards set out in_1. above also
annlv to a siren tower in a new location.
3 The heisht of a tower can be no hi�her than the minimum hei�ht
reauired to address a san in covera�e.
4 The setback of a tower from a nrovertv line must. at minimum.be
egual to the heisht of the tower, exceut where an existin�
emergencv warnin� siren is located on a site that does not enable
this setback too be nrovided.
5 A carrier must demonstrate throush an engineerin�analvsis that
there is a �an in covera�e.
6 At the citv's discretion a tower must be desi�ned to structurallv
enable co-location bv another carrier, and the carrier must aQree to
allow co-location.
7 The carrier must nrovide comnuter-senerated nhotos showin�the
views (as selected bv the citvl with an without the tower.
8 All consultant analvsis and lesal analvsis related to the towers and
the lease of the towers shall be naid bv the carrier.
9 The carrier is reauired to nrovide covera�e mans to demonstrate
the snecific �an in coverase and need for an additional tower and
antenna(sl and to demonstrate there are no existin�tower ontions
within a radius of two miles that could accommodate the carrier's
antenna needs.
10 The size of the cabinets on the �round needed to house the sunnort
P�uinment for the antennas is limited to the minimum necessarv
size as determined bv the citv council. Annronriate ve�etative
screenin�of Qround cabinets shall be nrovided bv the carrier.
subiect to annroval bv the citv council The council at its discretion
153661 v2 103
mav allow the use of non-vegetative screenin�methods such as
bermine. fencin�, etc.
11. "Stealth"-tvue antennas (cvlindricall vs. an arrav of nanels. is
reauired if the technoloev is available.
12. Onlv mononole towers are allowed.
(41 Places of worshit�.nrovided that all buildin�s and structures. excent columbaria.
are located at least 50 feet from anv adiacent nronertv zoned for residential use.
(9��5 Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
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{�}�61�rovision of a 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.
153661 v2 104
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 owner agrees to the filing of a covenant in the title of the
property providing that the accessory building will not be:
l. 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.
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153661 v2 105
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153661 v2 1�6
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(71 Public libraries. nrovided that:
a. all buildings are located at least 50 feet from anv adiacent nrovertv zoned
for residential use.
81 Public service structures. brovided that:
a. a11 buildings are located at least 50 feet from anv adiacent bronertv zoned
for residential use: and
b. the architectural desiQn of the structure is comnatible with the architectural
desiQn of the surroundin� area.
(91 Public stables and barns.nrovided that:
a. The nublic stable or barn is accessorv to a residential use.
b. Such structures are located at least 150 feet from the nearest lot line.
101 Ridin�academv. nrovided that:
a. It is accessorv to a residential use.
b. It is onerated bv an owner or resident of the nronertv.
c. The number of horses and fann animals mav not exceed the limitations of
Section 78-419151.
d. No instruction occurs less than 100 feet from a residence on an adiacent
nronertv or less than 75 feet from the lot line.
111 Stock fanns. nrovided that:
a. Excluding wetlands and wetland buffers as defined in Sections 78-1602
and 78-1605 there are a minimum of 10 acres of land devoted to the
keenin�of animals and the animal densitv is no more than two animal
units an acre on the land devoted to keenin�the animals.
153661 v2 ]Q']
b. No dwellin�s are nermitted exceut one for the nronertv owner or the
onerator of the farm.
c. No accessorv buildings or structures axe nermitted other than those
allowed for a residential use.
121 Wholesale Qreen houses. nrovided that:
a. All outside storase is fenced so as to screen the stored material from view
when observed from all nublic streets or adioinin�lots.
b. Greenhouse structures are not located in a reauired vard area.
c. There are no dwellinss on the nronertv. exceut one for the owner or
nerator of the wholesale sreenhouse.
d. There are no accessorv buildin�s or structures other than those allowed for
a residential use.
SECTION 25. The following language has been deleted and added to Section 78-419
(Accessory Uses) of the Orono City Code:
Sec. 78-419. Accessory uses.
Within any RR-1 B one-family rural residential district, the following uses shall be
permitted accessory uses:
(1) .Buildin�s temnorarilv located for vurooses of
constructin�on the tiremises for a neriod not to exceed time necessarv for such
constructin�.
(2) , , . ommunication
recention/transmission devices as follows:
a. Accessorv antennas. Accessorv antennas shall be limited to radio and
television receivin�antennas. satellite dishes. TVROs. and amateur
shortwave radio transmittin�and receivin� antennas. Accessorv antennas
that are accessorv to the nrincinal use of nronertv aze nermitted accessorv
uses in all zonin�districts nrovided thev meet the followin�conditions:
1. Height. A Qround-mounted accessorv antenna shall not exceed 20
feet in heisht from �ound level.
2. Yards. Accessorv antennas shall not be located within the reauired
front vard setback. corner side vard setback or side vard setback
abuttin�a street.
153661 v2 1�8
3. Roofs. If vegetation or obstructions interfere with satellite siQnals
at a location in anv allowable nlacement area. the accessory
antenna mav be nlaced on the roof of anv authorized structure on
the uremises.
4 Location Accessorv antennas shall not be located within a
reauired vard or setback area or within draina�e or utilitv
easements. Antenna towers shall be set back from adiacent
nronertv lines a horizontal distance no less than the maximum
heisht of the antenna.
5. Building nermits. A buildin�nermit shall be reauired for the
installation of anv accessorv antenna reauirin�a conditional use
nermit. BuildinS nermit annlications shall be accomnanied bv a site
nlan and structural comnonent data for the accessorv antenna.
including details of anchoring. The building official must annrove
the nlans before installation.
6. Liehtnin�nrotection. Each accessorv antenna shall be Qrounded to
nrotect asainst natural li�htnins strikes in conformance with the
National Electrical Code as adonted bv the citv.
7. Electrical code. Accessorv antenna electrical eauinment and
connections shall be desimed and installed in conformance with
the National Electrical Code as adonted bv the citv.
8 Color/content Accessorv antennas shall be of a neutral color and
shall not be used as sima�e.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessorv
antennas mav be allowed with a conditional use nermit in all zonin�
districts,nrovided thev meet the followins conditions:
1 Height When an amateur shortwave radio antenna is mounted on
an antenna tower the total hei�ht of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front. corner side or side vard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within anv reauired setback area and shall be located no
less than the heisht of the antenna and tower from the nronertv
line.
153661 v2 109
�3) � •
,
, .Gardenin� and other horticultural uses. includin� aviaries and
decorative landscane features.
(4) , .Home occunations. as defined in this chanter.
All home occunations shall comnlv with the nrovisions of section 78-1376, and
the licensinE nrovisions of section 26-76. when annlicable.
(5)
.Keeuin�of farm
animals for noncommercial nurooses and for the use of the occunants of nremises.
nrovided that:
a. Where the annlicant reauests a conditional use nermit to keen horses. there
must be at least one acre for the dwelling and two acres of onen nasture
for the first horse. If the annlicant reauests a conditional use nermit to
keeu more than one horse, the nronertv must have one additional acre of
o en nasture for each additional horse. Calculations of minimum nasture
acrea�e shall not include anv land defined as a wetland or wetland buffer
under Section 78-1602. When horses are kent stabled and do not reauire
nasture for feed burooses. the minimum nasture reauirement mav be
adiusted at the discretion of the Council.
b. Where the annlicant reauests a conditional use nermit to keen farm
animals other than horses. there must be at least one acre for the dwellin�
and one acre for each animal unit. Calculations of minimum acrea�e
reauired shall not include anv land defined as a wetland or wetland buffer
under Section 78-1602.
c. Anv buildin�or structure associated with the animals is located more than
150 feet fr m the nearest adiacent residence and at least 75 feet from the
nearest lot line.
d. The use is onerated in comnliance with Chanter 62.Animals.
(6) ,
���One roadside stand ofFering for sale onlv farm nroducts
nroduced on the nremises. nrovided such stand does not exceed 200 sauare feet in
area and is located at least 30 feet back from the nublic ri�ht-of-wav.
��) � ,
.Private �ara�es and narkine snace.
15366]v2 110
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� r��*'��'���.Sims. as re�ulated in this chanter.
SECTION 26. The following language has been deleted and added to Section 78-441
(Permitted Uses) of the Orono City Code:
Sec. 78-441. Permitted uses.
Within any RR-1B-1 one-family rural residential district, no land or structures shall be
used except for one or more of the following uses:
153661v2 112
(1) itv-owned vublic service structures that have
been annroved bv the Citv Council after the reauired nublic hearin�s for nublic
improvement nroiects.nrovided that:
a All buildin�s are located at least 50 feet from anv adiacent nronertv zoned
for residential use.
b The architectural desim of the structure is found to be comnatible with the
surroundin� area.
c If the citv nronoses amendment to the annroved desiQn nlans or the
placement of the structure notice of the nronosed chan�es shall be mailed
to all nronertv owners within 350 feet of the narcel on which the structure
is to be located if the nronosed structure is to be located within a nublic
ri¢ht-of-wav nronertv owners within 350 feet of the structure shall be
mailed notice of the nronosed chan�es Notice shall be mailed at least 14
davs before the council meeting at which the amended nlans will be
considered.
(2� D �-�' � �a ���-� ^�a ^�����-�-��•���.Cron farms nrovided that:
a. The area is ten or more acres.
b There are no dwellin�s on the land, excent for one for the nronertv owner
or the onerator of the farm.
c There are no accessorv buildings or structures on the land other than those
allowed for a residential use.
(3) Municipal buildings.
(41 Nonrental euest anartments (no exterior insress or earessl. An anartment within
the nrincinal residence structure on a lot for the sole use of the occunants of the
nrincinal residence includin�their domestic emnlovees or nonnavin� �uests. The
onlv means of ingress or eeress to the anarhnent shall be from within the nrincinal
structure Annlication for such a �uest anartment shall address the concerns of
varkin� sewa�e treatment entrvwav and interior access method Such abartments
shall not have utilities metered senaratelv from the nrincinal residence utilities
and shall not have a seuarate street address.
(51 One-familv detached dwellin�s.
f4}�6 Personal wireless service antennas and towers.
a. Purpose and intent. The purpose of subsection(4) of this section is to
establish predictable,balanced regulations for the siting and screening of
153661 v2 113
wireless coxnmunications equipment in order to accommodate the growth
of wireless communication systems within the city while protecting the
public against any adverse impacts on the city's aesthetic resources and
the public welfare.
b. Personal wireless service antennas. Personal wireless service antennas
erected on a municipal water tower may be allowed as a secondary use
by administrative permit,provided they comply with the city policy
� regarding the use of city-owned property for wireless telecommunication
antennas and provided they meet the following conditions:
1. The antenna shall be in compliance with the state building code
and all other applicable federal and state regulations and permits.
2. Structural design,mounting and installation of the antenna sha11
be in compliance with manufacturer's specifications and shall be
verified and approved by a registered professional engineer.
3. No advertising message shall be affixed to the antenna.
4. Antennas shall not be artificially illuminated unless required by
law or by the Federal Aviation Administration (FAA) to protect
the public's health and safety.
5. When applicable,proposals to erect new antennas shall be
accompanied by any required federal, state, or local agency
licenses.
6. Transmitting,receiving, and switching equipment shall be housed
within the existing structure. If a new equipment building is
necessary for transmitting,receiving and switching equipment, it
shall be situated in the rear yard of the principal use and shall be
screened from view by landscaping.
7. All obsolete and unused antennas sha11 be removed within 12
months of cessation of operation at the site, unless an exemption
is granted by the city administrator or designee. The removal shall
be the responsibility of the comxnunication provider.
8. Antennas shall utilize camouflaging techniques or shall be side-
mounted to an antenna support structure in order that such
facilities are compatible with the character and environment of
the area in which they axe located.
9. The applicant shall demonstrate by providing a
coverage/interference analysis and capacity analysis prepared by
153661 v2 114
a registered professional engineer that the location of the antenna
as proposed is necessary to meet the frequency spacing needs of
the personal wireless service system and to provide adequate
portable personal wireless service coverage and capacity to the
area.
(71 Publiclv owned narks and nlavQrounds.
�5-}�8 Study and research centers owned or operated by one or more nonprofit
charitable, scientific or educational organizations,provided no building other than
a residence shall be located within 100 feet of any lot line of an abutting lot in an
R district.
a. Open space. Not more than 15 percent of land devoted to use as a study
and research center shall be occupied by structures or buildings without a
conditional use permit allowing a greater percentage of such land use. Any
application for zoning of land as an RR-1B-1 one-family rural residential
district shall be accompanied by a map or plan showing the portion of land
within the district that may be occupied by structures or buildings, which
shall become a part of the conditions upon which such zoning is approved;
and no structure or building may be located outside of such portion
without a conditional use permit allowing the structure or building.
b. Height. No structure or building in a study and research center in any RR-
1B-1 district shall exceed 30 feet in height except as provided in section
78-1366.
c. Temporary or permanent residents. No study and research center in any
RR-1B-1 district shall at any time serve as a temporary or permanent
residence for a number of persons in excess of that determined by
multiplying by 21/2 the number of acres of land devoted to use as such
study and research center without a special permit allowing a greater
number of persons in such nuxnber and for such periods of time as the
council may deem appropriate, due consideration being given to the
interests of health, safety and public welfare.
d. Use. No study and research center in an RR-1B-1 district shall at any time
permit more than 300 persons to be present by invitation upon its property
without a special permit allowing a greater number of persons in such
number and for such periods of time as the council may deem appropriate,
due consideration being given to the interests of health, safety and public
welfare.
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153661 v2 j 15
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SECTION 27. The following language has been deleted and added to Section 78-442
(Conditional Uses) of the Orono City Code:
Sec. 78-442. Conditional uses.
Within any RR-1B-1 one-family rural residential district,no structure or land shall be
used for the following uses without a conditional use permit:
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�tses:provided that:
153661 v2 116
a 'T'��„-�-��;r�, �*-�,�*"-� �r� ��+��c�, �'��" '��All nrincinal buildin�s
are located at least 100 feet e�e�e from any�'�••���R'�+;� �^ �'
�adiacent nronertv zoned for residential use.; ,
b. All accessory buildin s� and structures more than six feet in heisht are
located at least 50 feet from���e�
adiacent nronertv zoned for residential use.
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� 2� Guest houses and nonrental guest aparhnents.
a. 6'���;��Guest houses.nrovided that: �k�g
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1 the lot is at least two times the minimum lot area reauired bv this
section; and
153661v2 117
2. the �uest house is for the sole use of the occunants of the nrincinle
dwellin�. includin�their domestic emnlovees and nonnavin�
u�
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. Guest
a artments with exterior in�ress and e�ress.nrovided that:
1. the annlication for a Quest anartment adeauatelv addresses the
concerns of varking. sewa�e treatment. exterior access method.
and interior access method•
2. there is at least one access door to the anartment from inside the
nrincinal dwelling and this door is the nrimarv means of accessin�
the anartment:
3. the Quest anarhnent does not have a senarate address:
4. the euest anartment's utilities are not metered senaratelv from the
nrincinal dwellin�: and
5. the �uest anarnnent is for the sole use of the occunants of the
nrincinal dwelline. includin�their domestic emnlovees and
nonnavin� �uests.
�31 Personal wireless service antennas. Personal wireless service antennas erected on
a municinal structure other than a water tower mav be allowed as a conditional
use if thev meet the followin�criteria:
a. Such antennas must be in comnliance with the citv nolicv re�ardin�the
use of citv-owned pronertv for wireless telecommunication antennas:
b. Such antennas must meet the conditions listed for nersonal wireless
service antennas as a nermitted use in the LR-1 C zonine district.
c. Such antennas mav be located in the followin�locations:
153661 v2 j 1 g
1. Co-located on an existin�citv emer�encv warnin� siren tower.
2. Co-located on a reulacement citv emer�encv warnin�siren tower,
with a hei�ht not to exceed 75 feet.
3. Co-located on a new citv emer�encv warnin�siren tower. at a
location that meets the citv's emer�encv warnin�needs, with a
height not to exceed 75 feet.
d. Such antennas shall meet the followin�nerformance standards:
1. The antennas must be located on the existin�emer�encv warnin�
sirens noles, unless the height of the existin�nole. or the canacitv
of the existin�nole to sunnort both the siren and the antenna(sl is
inadeauate to minimallv meet the needs of the carrier. In this case.
the carrier mav be allowed to install a renlacement tower that will
accommodate both the emereencv warnin�siren and the
telecommunications antenna(sl. The existine emer�encv siren
towers can be renlaced with towers with a maximum heisht of 75
feet with the condition that the tower accommodates both the
emer encv warnin� siren and the telecommunications antenna(sl.
The citv mav also reauire the tower to have the canabilitv of
accommodatin�one additional carrier's antenna(sl.
2. A new emer�encv warnin�siren tower location. selected bv the
citv to meet its emer�encv warnin�needs. could also be used as a
telecommunications antenna site throu�h co-location of the
warning siren and antenna. The standards set out in 1. above also
a nlv to a siren tower in a new location.
3. T'he hei�ht of a tower can be no hi�her than the minimum heisht
reauired to address a �an in covera�e.
4. The setback of a tower from a nronertv line must. at minimum,be
eaual to the hei�ht of the tower, excent where an existin�
emer�encv warnin�siren is located on a site that does not enable
this setback too be nrovided.
5. A carrier must demonstrate throu�h an en�ineerin�analvsis that
there is a �an in covera�e.
6. At the citv's discretion. a tower must be desimed to structurallv
enable co-location bv another carrier. and the carrier must aeree to
allow co-location.
7. The carrier must nrovide comnuter-�enerated nhotos showin�the
153661 v2 119
views (as selected bv the citvl with an without the tower.
8. All consultant analvsis and le�al analvsis related to the towers and
the lease of the towers shall be naid bv the carrier.
9. The carrier is reauired to nrovide covera�e mans to demonstrate
the snecific �an in coveraee and need for an additional tower and
antenna(sl. and to demonstrate there are no existin�tower ontions
within a radius of two miles that could accommodate the carrier's
antenna needs.
10. The size of the cabinets on the eround needed to house the sunnort
eauinment for the antennas is limited to the minimum necessarv
size. as determined bv the citv council. Anvronriate ve�etative
screenin�of�round cabinets shall be nrovided bv the carrier.
subiect to annroval bv the citv council. The council at its discretion
mav allow the use of non-ve�etative screening methods such as
bermins. fencin�. etc.
11. "Stealth"-tvue antennas (cvlindricall vs. an arrav of nanels, is
reauired if the technolo�v is available.
12. Onlv mononole towers are allowed.
(4) Places of worshin. nrovided that all buildin�s and structures. excent columbaria,
are located at least 50 feet from anv adiacent nropertv zoned for residential use.
{-9}�5 Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
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{-�-}�6 �ke�Provision of a bathtub or shower in an accessory building. Approval shall be
conditioned on provision of municipal sanitary sewer or a conforming sewage
153661 v2 122
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.
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.
(71 Public libraries.nrovided that:
a. all buildin�s are located at least 50 feet from anv adiacent nronertv zoned
for residential use.
(81 Public service structures. nrovided that:
a. all buildin�s are located at least 50 feet from anv adiacent nronertv zoned
for residential use: and
b. the architectural desien of the structure is comnatible with the architectural
desi�n of the surroundin�area.
f91 Public stables and barns. nrovided that:
a. The nublic sta.ble or barn is accessorv to a residential use.
b. Such structures are located at least 150 feet from the nearest lot line.
101 Ridin�academv, nrovided that:
a. It is accessorv to a residential use.
153661 v2 123
b. It is onerated bv an owner or resident of the nronertv.
c. The number of horses and farm animals mav not exceed the limitations of
Section 78-443(51.
d. No instruction occurs less than 100 feet from a residence on an adiacent
nronertv or less than 75 feet from the lot line.
111 Stock fanns.nrovided that:
a. Excludin�wetlands and wetland buffers as defined in Sections 78-1602
and 78-1605 there are a minimum of 10 acres of land devoted to the
keeuin�of animals and the animal densitv is no more than two animal
units an acre on the land devoted to keening the animals.
b. No dwellin�s are nermitted excent one for the nronertv owner or the
onerator of the farm.
c. No accessorv buildings or structures are nermitted other than those
allowed for a residential use.
121 Wholesale Qreen houses. brovided that:
a. All outside stora�e is fenced so as to screen the stored material from view
when observed from all nublic streets or adioinin�lots.
b. Greenhouse structures are not located in a reauired vard area.
c. There are no dwellin�s on the nronertv. exceut one for the owner or
o erator of the wholesale Qreenhouse.
d. There are no accessorv buildin�s or structures other than those allowed for
a residential use.
SECTION 28. The following language has been deleted and added to Section 78-443
(Accessory Uses) of the Orono City Code:
Sec. 78-443. Accessory uses.
Within any RR-1B-1 one-family rural residential district, the following uses shall be�
permitted accessory uses:
(1) .Buildin�s temnorarilv located for nurooses of
constructin�on the nremises for a neriod not to exceed time necessarv for such
constructin�.
153661 v2 124
(2) D-�•,n+� � �'�,*���;� � „�*�, �^a �����_Communication
reception/transmission devices as follows:
a Accessorv antennas Accessorv antennas shall be limited to radio and
television receivin� antennas. satellite dishes. TVROs. and amateur
shortwave radio transmittin�and receivin� antennas Accessorv antennas
that are accessorv to the nrincinal use of nronertv are nermitted accessor�
uses in all zonin�districts nrovided they meet the followin�conditions:
l. Height. A Qround-mounted accessorv antenna shall not exceed 20
feet in hei�ht from Qround level.
2. Yards. Accessorv antennas shall not be located within the reauired
front vard setback. corner side vard setback or side vard setback
abuttin�a street.
3. Roofs. If veeetation or obstructions interfere with satellite si�nals
at a location in anv allowable nlacement area. the accessorv
antenna mav be nlaced on the roof of anv authorized structure on
the nremises.
4. Location. Accessorv antennas shall not be located within a
reauired vaxd or setback area or within draina�e or utilitv
easements. Antenna towers shall be set back from adiacent
nronertv lines a horizontal distance no less than the maximum
hei�ht of the antenna.
5. Building nermits. A buildin�nermit sha11 be reauired for the
installation of anv accessorv antenna reauirin�a conditional use
nermit. Building nermit annlications shall be accomnanied bv a site
nlan and structural comnonent data for the accessorv antenna.
includin�details of anchorin�. The buildin�official must annrove
the nlans before installation.
6. LightninQ nrotection. Each accessorv antenna shall be erounded to
protect against natural lishtnin�strikes in conformance with the
National Electrical Code as adonted bv the citv.
7. Electrical code. Accessorv antenna_electrical eauinment and
connections shall be desiQned and installed in conformance with
the National Electrical Code as adonted bv the citv.
8 Color/content. Accessorv antennas shall be of a neutral color and
shall not be used as siQnase.
153661 v2 125
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessorv
antennas mav be allowed with a conditional use nermit in all zonin�
districts.nrovided thev meet the followin� conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower. the total heisht of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front. corner side or side vard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within anv reauired setback area and shall be located no
less an the height of the antenna and tower from the nrovertv
line.
�3) � •
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, . ardenin�and other horticultural uses. includin� aviaries and
decorative landscane features.
(4) , .Home occunations. as defined in this chanter.
All home occunations shall comnlv with the nrovisions of section 78-1376. and
the licensin�nrovisions of section 26-76. when annlicable.
(5)
.Keeuin�of farm
animals for noncommercial nurooses and for the use of the occunants of nremises.
nrovided that:
a. Where the annlicant reauests a conditional use nermit to keeu horses. there
must be at least one acre for the dwellin� and two acres of onen nasture
f r the first horse. If the annlicant reauests a conditional use nermit to
keen more than one horse. the nronertv must have one additional acre of
o en nasture for each additional horse. Calculations of minimum nasture
acrea�e shall not include anv land defined as a wetland or wetland buffer
under Section 78-1602. When horses are kent stabled and do not reauire
sture for feed nurnoses,the minimum nasture reauirement mav be
adiusted at the discretion of the Council.
b. Where the annlicant reauests a conditional use nermit to keen farm
imals other than horses. there must be at least one acre for the dwellin�
and one acre for each animal unit. Calculations of minimum acrea�e
r uired shall not include anv land defined as a wetland or wetland buffer
under Section 78-1602.
153661v2 126
c Anv buildin�or structure associated with the animals is located more than
150 feet from the nearest adiacent residence and at least 75 feet from the
-- -
nearest lot line.
d. The use is oberated in comnliance with Chanter 62. Animals.
(6) ,
�sea���One roadside stand offerin�for sale onlv farm nroducts
produced on the nremises. nrovided such stand does not exceed 200 sauare feet in
area and is located at least 30 feet back from the nublic ri�ht-of-wav.
(7) � �
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au, � � ",". ,;+'' +'��� ���'�;� '�'�a�private swimmin�nools. tennis
u�
courts. and naddocks.
l91 Si�ns. as regulated in this chanter.
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153661 v2 128
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SECTION 29. Effective date. This ordinance shall be effective upon adoption and publication
according to law.
ADOPTED this 13th day of December , 2010 by the Orono City Council.
CITY OF ORONO
�d�
J es M. White, Mayor
ATTEST:
, , 2s�C�-� v���
Linda S. Vee, City Clerk
Summary Ordinance published in the Sun Sailor newspapers the week of December 23, 2010.
153661v2 129