Ord #139-3rd Ser/An Ordinance Amending Sections 78-1405 and 78-1 Retaining Wall and Landscape Structures as a Nonenchroachment

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ORDINANCE NO. 139, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTIONS 78-1405 AND 78-1 OF THE ORONO ZONING CODE REGARDING RETAINING WALL AND LANDSCAPE STRUCTURES AS A NONENCROACHMENT THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 78-1405(a) Nonencroachments of the City of Orono Zoning Ordinance is hereby amended by adding the following: "(5.1) Retaining walls, subject to the following provisions: a. Retaining walls may be located in all required yards when all of the following conditions are met: 1. The structure is located at least 10 (ten) feet from the edge of the traveled roadway; 2. The structure is not located within a drainage, utility, or other easement, except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency; 3. The structure creates no impacts to drainage direction, rate or volume for adjacent properties. b. Retaining walls which do not exceed 2 (two) feet in height above existing grade, which are located within the property and at least 5 (five) feet from any property line, and for which the amount of imported fill associated with the structure does not exceed 20 (twenty) cubic yards, do not require a building or land alteration permit. c. Retaining walls exceeding 2 (two) feet in height above existing grade or for which the amount of imported fill associated with the structure exceeds 20 (twenty) cubic yards or which are located less than 5 (five) feet from a property line, shall require a land alteration permit and upon recommendation of the building inspector may require city council review or a conditional use permit per the provisions of Section 78-967. d. Retaining walls exceeding the allowed height of a fence in a given required yard shall be located so as to meet the required accessory structure setbacks established for that yard." SECTION 2. Section 78-1, Definitions of the City of Orono Zoning Ordinance is hereby amended by adding the following definition of "retaining wall": "Retaining wall means a wall or similar structure designed and constructed to hold back and prevent lateral movement of earth or other landscaping materials."