This chapter shall be known and may be cited as the Orono Land Use Ordinance, and may be referred to herein as the Land Use Ordinance, this ordinance, this chapter or this Code.

(Ord. No. 00-38, § 1.1, 3-13-00)

The enactment of this ordinance repeals the prior chapter, keeping the exception that the provisions of the prior chapter would remain in full force and effect for the trial and punishment of all past violations and for the recovery of penalties and forfeitures already incurred.

(Ord. No. 00-38, § 1.2, 3-13-00)

(a)

The purposes of this Land Use Ordinance are to:

(1)

Implement the provisions of the Town's Comprehensive Plan.

(2)

Promote the health, safety and general welfare of the residents of the community.

(3)

Encourage the most appropriate use of land throughout the community.

(4)

Promote traffic safety.

(5)

Promote safety from fire and other elements.

(6)

Provide an allotment of land area in new developments sufficient for adequate enjoyment of community life, such as, but not limited to, open space and public access.

(7)

Conserve natural resources.

(8)

Further the maintenance of safe and healthful conditions in the watershed and shoreland areas;

• to prevent and control water pollution;

• to protect fish spawning grounds, aquatic life, bird and other wildlife habitat;

• to protect buildings and lands from flooding and accelerated erosion;

• to protect archaeological and historic resources;

• to protect freshwater wetlands;

• to control building sites, placement of structures and land uses;

• to conserve shore cover and visual as well as actual points of access to inland waters;

• to conserve natural beauty and open space; and

• to anticipate and respond to the impacts of development in shoreland areas.

(b)

This Land Use Ordinance reorganizes and combines several previously separate ordinances in order to simplify and clarify their provisions, and reduce or eliminate conflicting, inconsistent or redundant provisions among them. The ordinances that are combined into this Land Use Ordinance are:

(1)

The town zoning ordinance.

(2)

The town subdivision ordinance.

(3)

The town floodplain management ordinance.

(4)

The town mobile home park and travel trailer ordinance.

(5)

The Town Planning Board ordinance.

(6)

The manufactured housing ordinance.

(c)

Although articles of this Land Use Ordinance may continue to be referred to as the "zoning ordinance," "subdivision ordinance," "floodplain management ordinance," etc., each article is to serve as an integral and unified component of this Land Use Ordinance.

(Ord. No. 00-38, § 1.3, 3-13-00)

The effective date of this Land Use Ordinance is April 12, 2000, as follows:

(1)

The effective date of this Land Use Ordinance shall be 30 days after adoption by the Orono Town Council on March 13, 2000. Thirty days after adoption, the ordinance adopted on December 9, 1992, as amended, is hereby repealed.

(2)

The shoreland zoning provisions of this Land Use Ordinance shall be effective upon the date of adoption, provided that it is subsequently approved by the Commissioner of Environmental Protection. A certified copy of this Land Use Ordinance, attested and signed by the Municipal Clerk, shall be forwarded to the Board of Environmental Protection for approval. If the Board of Environmental Protection fails to act on the shoreland zoning provisions of this Land Use Ordinance, within 45 days of its receipt of this Land Use Ordinance, they shall be deemed approved. Upon approval of the shoreland zoning provisions of this Land Use Ordinance, the shoreland zoning provisions previously adopted on April 11, 1994, are hereby repealed.

(Ord. No. 00-38, § 1.4, 3-13-00)

(a)

A certified copy of this Land Use Ordinance shall be filed with the Town Clerk and shall be accessible to any member of the public during normal business hours. Copies shall be made available to any member of the public, at reasonable cost, at the expense of the person making the request. Notice of availability of such ordinance shall be posted.

(b)

The provisions of this Land Use Ordinance shall not be construed to abrogate or annul the provisions of other ordinances or regulations, or to impair the provisions of private restrictions placed on property. Where this Land Use Ordinance imposes a greater restriction upon land, buildings or structures than is imposed by any other provision, the restrictions of this Land Use Ordinance shall prevail.

(c)

If any section, subsection, paragraph, sentence, clause or phrase of this Land Use Ordinance should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Land Use Ordinance, which shall remain in full force and effect, and to this end the provisions of this Land Use Ordinance are hereby declared to be severable.

(Ord. No. 00-38, § 1.5, 3-13-00)

(a)

A change or amendment to this Land Use Ordinance may be enacted only after a public hearing has been held by the Town Council for its consideration at least ten days before it is considered for adoption.

(b)

The Town Council shall fix the time and place of a public hearing on the proposed amendment and cause notice to be given in accordance with the laws of the State.

(c)

The Town Council shall refer proposed amendments to the Planning Board for report thereon at least ten days before the public hearing.

(d)

No amendments to the map become effective until changes on the official map have been made and signed by the Chairman of the Town Council and attested by the Town Clerk.

(e)

Within 30 days of the effective date, the Department of Environmental Protection shall be notified, by certified mail, of any amendments to the shoreland regulations, as defined in this Land Use Ordinance. A file of return receipts from such mailing shall be maintained as a permanent record.

(f)

Prior to any public hearing on a zone change that abuts or is in close proximity to an adjacent town's border, a copy of the proposed amendments shall be forwarded to the appropriate municipality with a request for comments on any potential impacts on that municipality. Notice shall be given as outlined in Section 18-84(b) "Notice of Hearing". For this section close proximity shall mean: the distance as outlined in Section 18-84(b)(2) based on the zoning classification.

(Ord. No. 00-38, § 1.6, 3-13-00; Ord. No. 01-188, 10-15-01)

(a)

Purpose. It is the general purpose of this chapter, in furtherance of the goals and objectives provided in § 18-3, to provide for the reasonable regulation of agricultural, residential, commercial, industrial, civic and institutional uses of land and structures, and to provide for the orderly development thereof within the Town. On occasion, where competing and incompatible uses conflict, traditional zoning methods and procedures such as variances and site plan approval are inadequate. In these special situations, more flexible and adaptable zoning methods are needed to permit differing land uses in both developed and undeveloped areas and at the same time recognize the effects of change. In consideration of a change in zoning classification for a particular property or group of properties, it may be determined that public necessity, convenience or the general welfare requires that provision be made to impose certain limitations or restrictions on the use or development of the property. Such conditions are deemed necessary to protect the best interests of the property owner, the surrounding property owners and the neighborhood, all other property owners and citizens of the Town and to secure appropriate development consistent with the Town's Comprehensive Plan. The provisions of this section shall not exempt the use or development of any property from other minimum standards or requirements otherwise provided in this Land Use Ordinance or as otherwise provided by law.

(b)

Definition.

Contract zoning is the process by which a property owner, in consideration of the rezoning of that person's property, agrees to the imposition of certain conditions or restrictions not imposed on similarly zoned properties.

Conditional zoning is the process by which the municipal legislative body may rezone property to permit the use of that property subject to conditions not generally applicable to other properties similarly zoned.

(c)

Mandatory conditions. Any zone change adopted pursuant to this section shall comply with all of the following:

(1)

Be consistent with the Comprehensive Plan of the Town, as amended.

(2)

Be consistent with the existing and permitted uses within the original zones;

(3)

Only include conditions and restrictions which relate to the physical development or operation of the property; and, in the case of contract zoning,

(4)

Be subject to a contract executed by authorized representatives of both the property owner and the Town providing for the implementation and enforcement of all terms and conditions imposed and agreed to by the parties pursuant to this section.

(d)

Discretionary conditions. Any zone change adopted pursuant to this section may include reasonable conditions or restrictions relating to one or more of the following:

(1)

Limitations on the number and type of authorized uses of the property;

(2)

Limitations on the height and lot coverage of any structure or structures built on the property;

(3)

Increased setbacks and side yards for any structure or structures built on the property;

(4)

The installation, operation and maintenance of physical improvements for the convenience of the general public, including, but not limited to, off-street parking spaces, traffic control devices, fencing, lighting, shrubbery and screening;

(5)

The creation, operation and maintenance of open spaces areas or buffer zones;

(6)

The dedication or conveyance of property for public purposes, including, but not limited to, streets, scenic and conservation easements, parks and utility systems; and

(7)

Any additional conditions and restrictions which relate to the physical development and operation of the subject property that the Town Council deems reasonably necessary to accomplish the purposes of this section, to protect the general welfare, the best interests of the property owner, surrounding property owners, the neighborhood, all other property owners and citizens of the Town and to secure appropriate development consistent with the Town's Comprehensive Plan.

(e)

Public hearing. Before any property is rezoned under this section, the Planning Board shall conduct a public hearing thereon and convey its recommendations to the Town Council. The Town Council shall then hold a public hearing after which it may approve or disapprove the rezoning, or it may remand the issue back to the Planning Board for further consideration. Notice of these hearings must:

(1)

Be posted in the municipal office at least 14 days before the public hearing;

(2)

Be published at least two times in a newspaper having general circulation in the municipality; the date of publication must be at least seven days before the public hearing;

(3)

For each parcel in, abutting or any part of which is within 500 feet of the area to be rezoned, be mailed at least 14 days before the public hearing to the last known address of the person or party to whom property tax on each parcel is assessed. The Town shall maintain a list of names and addresses of those persons and parties to whom a notice is sent pursuant to this section;

(4)

Contain a copy of a map indicating the property to be rezoned. All notices shall additionally contain a statement that copies of proposed conditions and restrictions shall be available in the Town Office.

Failure of an appellant to receive a notice sent in accordance with this section does not invalidate any decision or action taken with regard to a rezoning. However, any person or party who is entitled to but does not receive such notice may appeal the decision of the Town to adopt the zoning change to the Superior Court within 30 days after the adoption of the change.

(f)

Application and fees. Application for a zone change under this chapter shall be made on the appropriate form and filed with the Code Enforcement Office, together with the processing, advertising, professional and filing fees as may from time to time be established by the Town Council. The Code Enforcement Officer will schedule a public hearing before the Planning Board at the first reasonable opportunity following submittal of the completed application and satisfaction of the public notice requirements of this section. No rezoning under this section shall become effective until a record thereof is filed in the County Registry of Deeds.

(g)

Recording. All contract zoning agreements must be recorded in the County Registry of Deeds within 90 days of the passage date of the rezoning or they will become null and void.

(h)

Contract and conditional zoning not permit or site approval. Approval of a contract or conditional zoning change does not and shall not be construed to constitute either a permit or site plan approval for any proposed project, development or use. Following the approval of any contract or conditional zone change, any proposed project, development or use, before commencement or construction, shall be submitted to any review process otherwise required by this Land Use Ordinance. During such review process, the reviewing authority shall ensure the applicant's compliance not only with the minimum review standards set forth as part of this Land Use Ordinance, but also with any additional conditions and restrictions imposed by the Orono Town Council or imposed by the agreement between the Orono Town Council and the applicant.

(Ord. No. 00-38, § 1.7, 3-13-00)