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12-06-2021 Council Packet
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12-06-2021 Council Packet
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Title VI ‐ LAND USE <br />Chapter 78 ‐ ZONING REGULATIONS <br />ARTICLE II. ‐ ADMINISTRATION AND ENFORCEMENT <br />DIVISION 2. NONCONFORMING USES AND RELATED MATTERS <br /> <br /> <br /> <br />Orono, Minnesota, Code of Ordinances Created: 2021‐08‐18 14:28:56 [EST] <br />(Supp. No. 19, Update 4) <br /> <br />Page 1 of 3 <br />DIVISION 2. NONCONFORMING USES AND RELATED MATTERS <br />Sec. 78‐72. Lots of record. <br />(a) A lot of record is any lot for which a deed or registered land survey has been recorded in the office of the <br />register of deeds or the registrar of titles for Hennepin County prior to January 1, 1975, and after approval by <br />the council if required. <br />(b) A lot of record located within an R (Residential) or RR (Rural Residential) district but not within the Shoreland <br />Overlay district, RS Seasonal Recreational district, or any of the LR‐Lakeshore Residential districts, which does <br />not meet the requirements of this chapter as to area or width may be utilized for a single‐family detached <br />dwelling purpose, provided that in the judgment of the council or administrative approval by the planning <br />director, such use does not adversely affect public health or safety and the following requirements are met: <br />(1) In R districts of one acre or less and served by public sanitary sewer. A lot of record existing upon <br />January 1, 1975, in any R district of the city of up to and including one acre, which lot is serviced by <br />public sanitary sewer and which does not meet the requirements of this chapter as to area or width <br />only, may be utilized for single‐family detached dwelling purposes without council approval if all other <br />requirements of the underlying zoning district are met, including but not limited to required yards, <br />setbacks, lot coverage by structures, hardcover, etc. However, the lot of record shall not be more <br />intensely developed unless combined with one or more abutting lots or portions so as to create a lot <br />meeting the requirements of this chapter. <br />(2) In R or RR districts of greater than one acre and served by public sanitary sewer. A lot of record in any R <br />or RR district in the city in excess of one acre which does not meet the requirements of this chapter as <br />to area or width only may be utilized for single‐family detached dwelling purposes by administrative <br />approval if the planning director finds that the following conditions are met: <br />a. It is at least one acre in size, and the average width of the lot is at least 100 feet; <br />b. It is served by public sanitary sewer; and <br />c. It otherwise meets the requirements of this chapter or other applicable Code provisions. <br />(3) In R or RR districts not served by public sanitary sewer. A lot of record in any R or RR district in <br />the city not served by public sanitary sewer must meet the area and width requirements of this <br />chapter and shall not be utilized for single‐family detached dwelling purposes without council <br />approval. Administrative approval may be granted for a lot of record not meeting the lot area and <br />width requirements if the planning director finds that the following conditions are met: <br />a. The lot area and lot width each meet at least 50 percent of the district standard. <br />b. Suitable primary and alternate septic sites are identified on the property and are protected <br />from future development by execution of a covenant. <br />c. All other zoning ordinance requirements must be met, including but not limited to the <br />following: <br />1. Setbacks.
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