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Draft#3-2/19/15 <br /> ORDINANCE NO._, THIRD SERIES <br /> CITY OF ORONO <br /> HENNEPIN COUNTY, MINNESOTA <br /> AN ORDINANCE AMENDING <br /> SECTION 78-1405 OF THE ORONO ZONING CODE <br /> REGARDING RETAINING WALL AND LANDSCAPE STRUCTURES <br /> AS A NONENCROACHMENT <br /> THE CITY COUNCIL OF ORONO ORDAINS: <br /> SECTION 1. Section 78-1405(a)Nonencroachments of the City of Orono Zoning <br /> Ordinance is hereby amended by adding the following: <br /> "(5.1 Retainin�walls, subject to the followin�provisions: <br /> a. Retainin�wa11s mav be located in all required vards when all of the following. <br /> conditions are met: <br /> 1. The structure is located at least 10 (ten) feet from the edge of the traveled <br /> roadwav; <br /> 2. The structure is not located within a drainage, utilitv, or other easement, except <br /> upon approval in writing for an encroachment a�reement bv the citv; or similar <br /> approval from another regulatorv and/or utilitv a enc� <br /> 3. The structure creates no impacts to draina�e direction, rate or volume for <br /> adj acent properties. <br /> b. Retaining walls which do not exceed 2 (two) feet in height above existin�grade, <br /> which are located within the property and at least 5 (five) feet from anypropert� <br /> line,and for which the amount of imported fill associated with the structure does not <br /> exceed 10 (ten) cubic vards, do not require a buildin�or land alteration permit. <br /> c. Retaining walls exceeding 2 (two) feet in height above existin��rade or for which <br /> the amount of imported fill associated with the structure exceeds 10 (ten) cubic <br /> vards or which are located less than 5 (five)feet from a propertv line, shall require a <br /> land alteration permit and upon recommendation of the buildin� inspector ma� <br /> require city council review or a conditional use permit per the provisions of Section <br /> 78-967. <br /> d. Retaining walls exceeding the allowed height of a fence in a iven required ��d <br /> shall be located so as to meet the required accessory structure setbacks established <br /> for that yard." <br /> SECTION 2. Section 78-1, Definitions of the City of Orono Zoning Ordinance is hereby <br /> amended by adding the following definition of"retaining wa11": <br /> "Retainin�wall means a wall or similar structure designed and constructed to hold back and <br /> prevent lateral movement of earth or other landscaping materials." <br /> 1 <br />