HomeMy WebLinkAboutProperty Information Parcel ID: 1011723240012
MARTHA SPENCER
1005 WILLOW DR S
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. ' Zoning Classification: RR-113
One Family Rural Residential -2 Acres
Tier Assignment: Tier 1
Assignment: Step 1
Wetland ID: D-117-23-09-029
Management Class: Preserve
Area(sf): 8485277.889065
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Sec. 78-420. -Area, height, lot width and yard requirements.
(a) Height. No structure or building in the RR-1 B district shall exceed 2'/z stories and shall not exceed 30
feet in height except as provided in section 78-1366.
(b) Lots. The following minimum requirements shall be observed:
Page 1
Side Yard
Lot Lot Front Side Rear
Adjacent
Area Width Yard Yard Yard
to Street
(acres) (feet) (feet) (feet) (feet) (feet)
2 200 50 30 50 50
(Code 1984, § 10.28(5); Ord. No. 18 3rd series, § 3, 9-27-2004)
Sec. 78-1217.-Classification of public waters.
The public waters of the city have been classified below consistent with the criteria found in Minnesota
Regulations, part 6120.3300, and the protected waters inventory map for the county:
Protected
OHWL
Waters Inventory
(feet)
I.D.#
(1) Natural Environment(NE) lakes
I' J
Lake Classen 974.5 162-P
Dickey Lake 985.5 161-W
i
French Lake (South Basin only) 930.0 140-P
Lydiard Lake 970.9 159-P
Lake Katrina — 154-P
Wolsfeld Lake (Medina) — 157-P
(2) Recreational Development(RD) lakes
Long Lake 944.3 160-P
Mooney Lake 988.0 134-P
i
I
Page 2
Tanager Lake 929.4T 141-P
Hadley Lake (Plymouth) 961.4 109-P
(3) General Development(GD) lakes
Forest Lake 929.4 139-P
Lake Minnetonka 929.4 133-P
(4) Tributary streams.
From ( To
Tributary Name Sec. TWP R Sec. �TWP� R
i
a. Long Lake Creek 35 (Basin 118 23 10(Basin 117 23
160P) 141P)
26(Basin
b. "Wolsfeld" Creek 27 (City Limit) 118 23 118 23
160P)
Tributary to Wolsfeld Creek from Holy Name
c. Lake 26(City Limit) 118 23 27 118 23
27 (Basin 34(Basin
d. Dickeys Lake Creek 161P) 118 23 160P) 118 23
32 (Basin 5(Basin
e. Stubbs Bay Creek 162P) 118 23 133P) 117 23
f. Painter's Creek 30(Basin 118 23 31 (City Limit) 118 23
154P)
(Ord. No. 101 2nd series, § 1(10.56(7)), 2-24-1992; Ord. No. 127 2nd series, § 5, 7-11-1994)
Page 3
Sec. 78-1220.-Zoning district compliance with minimum requirements.
(a) The zoning district standards of this chapter currently comply with the lot size, lot width, permitted use
and conditional use standards set forth by the department of natural resources shoreland management
regulations, MR 6120.2500-6120.3900.
(b) The following city zoning districts are partially or fully located within the Shoreland Overlay District:
LR-1A RR-1A B-1
LR-1B RR-16 B-2
LR-1C RR-113-1 B-3
B-4
LR-1C-1 RS
B-5
(c) The following zoning districts are also potentially available for use within the shoreland areas:
B-6 R-16
R-1A
PUD
RPUD
(d) Any future changes within the zoning districts listed above shall meet the department of natural
resources regulations effective July 3, 1989.
(Ord. No. 101 2nd series, § 1(10.56(15)), 2-24-1992; Ord. No. 202 2nd series, § 1, 2-26-2001)
DIVISION 3.-SHORELAND OVERLAY DISTRICT STANDARDS
Sec.78-1276.-Generally.
The Shoreland Overlay District standards are in addition to the requirements set forth in this chapter
for the various zoning districts. In case of conflict, the most restrictive provision applies.
(Ord.No. 101 2nd series, § 1(10.56(16)), 2-24-1992)
Sec.78-1277.- Minimum lot area/lot width standards.
Page 4
Minimum lot area and lot width standards of the underlying zoning district shall apply,with the following
exceptions:
(1) No lot within 1,000 feet of a general development lake and approved for duplex use per sections
78-228(10), 78-253(10), 78-303(10), 78-328(9), 78-348(10), or 78-367(10)shall be less than 135
feet in width nor less than 26,000 square feet in area, if riparian, nor less than 17,500 square feet
in area, if nonriparian, but such lot shall also meet the minimum lot area and width requirements
of the respective underlying zoning district.
(2) No lot within 300 feet of a tributary and approved for duplex use per sections 78-228(10), 78-
253(10), 78-303(10), 78-328(9), 78-348(10), or 78-367(10) shall be less than 150 feet in width
when no sewer is available, nor less than 115 feet in width when sewer is available, but such lot
shall also meet the minimum lot width requirements of the respective underlying zoning district.
(Ord. No. 101 2nd series, § 1(10.56(16)(A)), 2-24-1992; Ord. No. 63 3rd series, § 1, 9-14-209)
Sec. 78-1278.-Lakeshore access lots.
Lots intended as accesses to public waters or as recreation areas for use by owners of nonriparian
lots within subdivisions are permissible and must meet the following minimum standards:
(1) Any such lakeshore access lot shall be designated as an outlot and shall not be considered as a
buildable residential lot.
(2) Such an outlot shall not be subject to minimum lot area or width standards,except that the number
of inland nonriparian lots which may gain access via such outlot shall not exceed the number
obtained by dividing the outlot width measured at the shoreline by the required zoning district lot
width, rounded down to the nearest whole number.
(3) Such outlot shall be jointly owned by all owners of nonriparian lots in the subdivision who are
provided riparian access rights on the access outlot.
(4) No such access outlot shall be created as part of a subdivision plat except when the building lots
within the subdivision are separated by an existing public or private roadway from the lakeshore,
and the land on either side of the roadway was in common ownership as of the effective date of
Ordinance No. 101, adopted February 24, 1992.
(5) Covenants or other equally effective legal instruments must be developed that specify which lot
owners have authority to use the access lot and what activities are allowed. The activities may
include watercraft launching, loading, storage, beaching, mooring or docking. They can also
include other outdoor recreational activities that do not significantly conflict with general public
use of the public water or the enjoyment of normal property rights by adjacent property owners.
Examples of the nonsignificant conflict activities include swimming, sunbathing or picnicking.The
covenants must limit the total number of vehicles allowed to be parked and the total number of
watercraft allowed to be continuously moored, docked or stored over water, and must require
centralization of all common facilities and activities in the most suitable locations on the lot to
minimize topographic and vegetation alterations. They must also require all parking areas,
storage buildings and other facilities to be screened by vegetation or topography as much as
practical from view from the public water, assuming summer, leaf-on conditions. Such covenants
are subject to city approval.
(Ord. No. 101 2nd series, § 1(10.56(16)(B)), 2-24-1992)
Sec. 78-1279.-Placement of structures on lots.
When more than one setback applies to a site, structures and facilities must be located to meet all
setbacks. Structures shall be located as follows:
Page 5
(1) Structure and on-site sewerage system setbacks (in feet)from ordinary high water level:
r —
Setbacks
I
Sewage
Public Water Structure Treatment
Classification Unsewere Sewered System
NE 150 150 150
I
RD 1 75 75
GD 75 75 75
Tributary 100 75 75
(2) Additional structure setbacks.The following additional structure setbacks apply, regardless of the
classification of the water body:
Setback
Setback from:
(in feet)
�I
Top of bluff 30
Unplatted cemetery 50
Right-of-way line of federal, state or county highway and local public and private roads 30*
Except for detached garages on lakeshore lots as regulated in section 78-1435 and except for
structures subject to less restrictive side yard adjacent to street setbacks as regulated in the
various zoning districts.
(3) Bluff impact zones.Structures and accessory facilities,except stairways, landings and lock boxes,
must not be placed within bluff impact zones.
(4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots
or parcels without public waters frontage, or, if located on lots or parcels with public waters
frontage, must either be set back double the normal ordinary high water level setback or be
Page 6
substantially screened from view from the water by vegetation or topography, assuming summer,
leaf-on conditions.
(5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions
of dock located landward of the OHWL shall be considered as a landing,subject to the regulations
for landings per section 78-1282. Retaining walls shall not be placed within the shore setback
zone.
(6) Average lakeshore setback. No principal or accessory structure shall be located closer to the
lakeshore than the average distance from the shoreline of existing residence buildings on
adjacent lots; except that this does not apply to patios and other accessory structures less than
42 inches above existing grade, stairways, lifts, landings, lockboxes,flagpoles and pump houses.
Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to
tributaries. The average lakeshore setback line shall be a straight line connecting the most
lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots.
a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way,
the average lake shore setback shall be equivalent to the setback of the most lakeward
protrusion of the residence building on the immediately adjacent improved lakeshore lot.
(Ord. No. 101 2nd series, § 1(10.56(16)(Q), 2-24-1992; Ord. No. 11 3rd series, § 1, 5-24-2004;
Ord. No. 106 3rd series, § 28, 6-10-2013; Ord. No. 157 3rd series, § 1, 8-10-2015)
Sec. 78-1280.-Minimum lowest floor elevations.
All structures located within the Shoreland Overlay District which are subject to the floodplain
regulations of article VIII of this chapter shall be placed at an elevation consistent with the requirements of
that article. The regulatory flood protection elevation shall be established as set forth in section 78-1111.
All structures constructed within the Shoreland Overlay District shall have their lowest floor, including
basement, placed at an elevation no lower than the regulatory flood protection elevation. Where the
regulatory floodplain elevation cannot reasonably be determined,the minimum elevation at which the lowest
floor, including basement, may be placed shall be determined as follows:
(1) For lakes, by placing the lowest floor at a level at least three feet above the highest known water
level, or three feet above the ordinary high water level, whichever is higher.
(2) For rivers and streams, by placing the lowest floor at least three feet above the flood of record.
(Ord. No. 101 2nd series, § 1(10.56(16)(D)), 2-24-1992)
Sec.78-1281.-Water-oriented accessory structures.
The only water-oriented accessory structures allowed to be located nearer the ordinary high water
level than the normal structure setback as specified in this article shall be:
(1) One lockbox no greater than 20 square feet in area and no higher than 48 inches in height;
(2) One flagpole setback from side lot lines a distance no less than the required principal structure
side yard setback for the zoning district; and
(3) One pumphouse no greater than 20 square feet in area and no higher than 48 inches in height.
(Ord. No. 101 2nd series, § 1(10.56(16)(E)), 2-24-1992; Ord. No. 106 3rd series, § 27, 6-10-
2013)
Sec. 78-1282. - Driveways, stairways, lifts and landings.
Page 7
(a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the
property has no other frontage on or access to a public or private road.
(b) Stairways and lifts are the preferred alternative to major topographic alterations for achieving access
up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in
the shore setback zone and must meet the following design requirements:
(1) Stairways and lifts must not exceed four feet in width.
(2) Landings for stairways and lifts shall not exceed 32 square feet in area.
(3) Canopies or roofs are not allowed on stairways, lifts, or landings.
(4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or
placed into the ground, provided they are designed and built in a manner that ensures control of
soil erosion.
(5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots,
as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever
practical.
(6) Facilities necessary to provide shore area access to physically handicapped persons shall be
allowed, provided that the dimensional and performance standards of subsections(l)—(5)of this
section are completed in addition to the requirements of the Minnesota Regulations, chapter
1340.
(7) A building permit shall be obtained for construction of stairways, lifts and landings regardless of
whether such improvements are constructed above, at or below grade.
(Ord. No. 101 2nd series, § 1(10.56(16)(F)), 2-24-1992; Ord. No. 59 3rd series, § 2, 5-11-2009)
Sec. 78-1283. -Steep slopes.
Any applicant requesting a permit for construction of sewage treatment systems, roads, driveways,
structures or other improvements on steep slopes shall provide adequate information to allow the city to
evaluate possible soil erosion impacts and development of visibility from public waters before such permit
may be issued. When determined necessary, conditions shall be attached to issued permits to prevent
erosion and preserve existing vegetation screening of structures, vehicles and other facilities as viewed
from the surface of public waters, assuming summer, leaf-on vegetation.
(Ord. No. 101 2nd series, § 1(10.56(16)(G)), 2-24-1992)
Sec. 78-1284.- Height of structures.
No structure within the Shoreland Overlay District shall exceed the height limitations set forth in the
standards for the underlying zoning district.
(Ord. No. 101 2nd series, § 1(10.56(16)(H)), 2-24-1992)
Sec.78-1285.-Vegetation alterations.
(a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of six inches
or more (or 19 inches in circumference or greater) measured three feet above the ground may be
removed without first obtaining a permit from the city staff, provided that at least the equivalent number
of replacement trees of a size and nature found acceptable to the staff are planted at the same setback
from the shoreline as those removed. Appeals of staff determinations as to type, size and quality of
Page 8
the trees to be replaced will be to the council. Removal of trees that are dead shall not require a permit,
but such trees must be inspected by city staff prior to their removal.
(b) Intensive vegetation clearing within 75 feet of the shoreline, on steep slopes or within the bluff impact
zone within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than
six inches in diameter and cutting, pruning and trimming of trees of any size is allowed to provide a
view to the water from the principal dwelling site and to accommodate the placement of permitted
stairways and landings, picnic areas,access paths, beach and watercraft access areas, and permitted
lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the
water, assuming summer, leaf-on conditions, is not substantially reduced.
(Ord. No. 101 2nd series, § 1(10.56(16)(I)), 2-24-1992; Ord.No. 127 2nd series, § 7, 7-11-1994)
Sec. 78-1286. -Topographic alterations/grading and filling.
(a) Grading and filling and excavations necessary for the construction of structures, sewage treatment
systems, and driveways under validly issued construction permits for these facilities do not require the
issuance of a separate grading and filling permit. However, all grading and filling activity approved
permits for construction of structures, sewage treatment systems, and driveways shall adhere to the
grading and filling standards of this article.
(b) Grading, filling or excavating of more than 50 cubic yards is prohibited within 75 feet of the ordinary
high water level of the public waters enumerated in section 78-1217.
(c) Public and private roads,driveways, parking areas,and public or private watercraft access ramps shall
not be constructed within 75 feet of the ordinary high water level of the public waters enumerated in
section 78-1217. If no alternatives exist, such improvements shall be subject to the standard zoning
variance review procedure, and such review shall take into account the following considerations:
(1) Such improvements shall be designed to take advantage of natural vegetation and topography to
achieve maximum screening from view from public waters.
(2) All roads and parking areas shall be designed and constructed to minimize and control erosion to
public waters consistent with the requirements of all agencies with jurisdiction.
(d) Except for those projects requiring permits for construction of structures, sewage treatment systems
and driveways, a land alteration permit will be required as follows:
(1) For movement of up to 50 cubic yards of material within 75 feet of public waters as per item (b)
above, a staff-issued land alteration permit shall be required.
(2) For movement of 51 through 500 cubic yards of material anywhere within the Shoreland Overlay
District, except for within 75 feet of public waters, a staff-issued land alteration permit shall be
required.
(3) For movement of more than 500 cubic yards of material within the Shoreland Overlay District,
conditional use permit approval by the city council is required in addition to the required land
alteration permit.
(e) The following considerations and conditions must be adhered to during the issuance of construction
permits, grading and filling permits, conditional use permits, variances and subdivision approvals:
(1) Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how
extensively the proposed activity would affect the following functional qualities of the wetland:
a. Sediment and pollutant trapping and retention;
b. Storage of surface runoff to prevent or reduce flood damage;
c. Fish and wildlife habitat;
d. Recreational use;
Page 9
e. Shoreline or bank stabilization; and
f. Noteworthiness, including special qualities, such as historic significance, critical habitat for
endangered plants and animals, or others.
This evaluation must also include a determination of whether the wetland alteration being
proposed requires permits, reviews or approvals by other sections of city ordinances or by other
local, state or federal agencies including but not limited to watershed districts, state department
of natural resources, or the United States Army Corps of Engineers.
(2) Alterations must be designed and conducted in a manner that ensures only the smallest amount
of bare ground is exposed for the shortest time possible.
(3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage,
and a permanent vegetation cover must be established as soon as possible.
(4) Methods to minimize soil erosion and to trap sediments before they reach any surface water
feature must be used.
(5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field
office technical guides of the local soil and water conservation districts and the United States Soil
Conservation Service.
(6) Fill or excavated material must not be placed in a manner that creates an unstable slope.
(7) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer
for continued slope stability and must not create finished slopes of 30 percent or greater.
(8) Fill or excavated material must not be placed in bluff impact zones.
(9) Any alterations below the ordinary high water level of public waters must first be authorized by
the commissioner of the department of natural resources under Minn. Stat. § 103G.245.
(10) Alterations of topography must only be allowed if they are accessory to permitted or conditional
uses and do not adversely affect adjacent or nearby property.
(11) Placement of natural rock riprap, including associated grading of the shoreline and placement of
a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot
vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and
the height of the riprap above the ordinary high water level does not exceed three feet. A riprap
permit shall be obtained per the requirements of section 78-969.
(f) Excavations where the intended purpose is connection to a public water, such as boat slips, canals,
lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the
elevation or the ordinary high water level are subject to approval of the department of natural resources
and other agencies with concurrent jurisdiction.
(Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24-1992; Ord. No. 127 2nd series, § 8, 7-11-1994;
Ord. No. 163 2nd series, § 3, 12-8-1997; Ord. No. 171 2nd series, § 2, 4-4-1998; Ord. No. 28 3rd
series, § 17, 8-22-2005; Ord. No. 133 3rd series, §§ 2, 3, 1-26-2015)
Sec. 78-1287.-Stormwater management.
The following general and specific standards shall apply in addition to those standards found in article
VIII of this chapter and section 82-222:
(1) When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be
used to convey, store, filter and retain stormwater runoff before discharge to public waters.
(2) A development must be planned and conducted in a manner that will minimize the extent of
disturbed areas, runoff velocities and erosion potential, and reduce and delay runoff volumes.
Page 10
Disturbed areas must be stabilized and protected as soon as possible and facilities or methods
used to retain sediment on the site.
(3) When development density, topographic features, and soil and vegetation conditions are not
sufficient to adequately handle stormwater runoff using natural features and vegetation, various
types of constructed facilities, such as diversions, settling basins, skimming devices, dikes,
waterways and ponds may be used. Preference must be given to designs using surface drainage,
vegetation, and infiltration rather than buried pipes and manmade materials and facilities.
(4) When constructed facilities are used to perform water management, documentation must be
provided by a registered professional civil engineer that they are designed and installed consistent
with the field office technical guide of the local soil and water conservation district.
(5) New constructed stormwater outfalls to public waters must provide for filtering or settling of
suspended solids and skimming of surface debris before discharge.
(Ord. No. 101 2nd series, § 1(10.56(16)(K)), 2-24-1992)
Sec. 78-1288.-Hardcover limitations.
Hardcover on all lots within the shoreland overlay district shall comply with the requirements of Article
XIII: Stormwater Quality Overlay District.
(Ord. No. 94 3rd series, § 6, 9-24-2012)
Editor's note—Ord. No. 94 3rd series, § 6, adopted Sept. 24, 2012, repealed the former § 78-
1288, and enacted a new § 78-1288 as set out herein. The former section pertained to similar
subject matter and derived from Ord. No. 101 2nd series, § 1(10.56(16)(L)), 2-24-1992; Ord. No.
59 3rd series, § 3, 5-11-2009.
Sec. 78-1289.-Standards for commercial, public and semipublic uses.
(a) Surface-water-oriented commercial uses and public or semipublic uses with similar needs to have
access to and use of public waters may be located on parcels or lots with frontage on public waters, if
permitted by the underlying zoning district standards. Those uses with water-oriented needs must
meet the following standards:
(1) In addition to meeting impervious coverage (hard cover) limits, setbacks, and other zoning
standards in this article, the uses must be designed to incorporate topographic and vegetative
screening of parking areas and structures.
(2) Uses that require shortterm watercraft mooring for patrons must centralize these facilities and
design them to avoid obstructions of navigation and to be the minimum size necessary to meet
the need.
(3) Uses that depend on patrons arriving by watercraft may use the minimum amount of signage and
lighting necessary to convey needed information to the public, subject to the following general
standards:
a. No advertising signs or supporting facilities for signs may be placed in or upon public waters.
Signs conveying information or safety messages may be placed in or on public waters by a
public authority or under a permit issued by the county sheriff.
b. Signs may be placed, when necessary, within the shore setback zone if they are designed
in size to be the minimum necessary to convey needed information. They must only convey
the location and name of the establishment and the general types of goods or services
available.The signs must not contain other detailed information such as product brands and
Page 11
prices, must not be located higher than ten feet above the ground, and must not exceed 32
square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to
prevent illumination out across public waters.
c. The aggregate square footage of sign space per property shall not exceed the limitations on
sign square footage as regulated in article X, division 4, of this chapter.
d. Nonsign-related outside lighting may be located within the lakeshore setback zone or over
public waters only if it is used primarily to illuminate potential safety hazards and is shielded
or otherwise directed to prevent direct illumination out across public waters. This does not
preclude use of navigational lights.
(b) Uses without water-oriented needs must be located on lots or parcels without public waters frontage,
or, if located on lots or parcels with public waters frontage, must either be set back double the normal
ordinary high water level setback or be substantially screened from view from the water by vegetation
or topography, assuming summer, leaf-on conditions.
(Ord.No. 101 2nd series, § 1(10.56(16)(M)), 2-24-1992)
Sec. 78-1290.-Agricultural use standards.
(a) When permitted in the underlying zoning district, general cultivation farming, grazing, nurseries,
horticulture, truck farming and wild crop harvesting shall be allowed in the Shoreland Overlay District;
except that no such activity shall occur within the shore setback zone nor on steep slopes or bluff
impact zones. Steep slopes, shore setback zone and bluff impact zones shall be maintained in
permanent vegetation.
(b) Animal feedlots must meet the following standards:
(1) New feedlots, if permitted, must not be located in the shoreland of watercourses or in bluff impact
zones and must meet a minimum setback of 300 feet from the ordinary high water level of all
public waters basins; and
(2) Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary
high water level or within a bluff impact zone are allowed if they do not further encroach into the
existing ordinary high water level setback or encroach on bluff impact zones.
(Ord. No. 101 2nd series, § 1(10.56(16)(N)), 2-24-1992)
Sec. 78-1291.- Forest management standards.
The harvesting of timber and associated reforestation must be conducted consistent with the
provisions of the Minnesota Non-Point-Source Pollution Assessment-Forestry and the provisions of Water
Quality in Forest Management"Best Management Practices in Minnesota."
(Ord. No. 101 2nd series, § 1(10.56(16)(0)), 2-24-1992)
Sec.78-1292.- Extractive use standards.
(a) Site development and restoration plan. An extractive use site development and restoration plan must
be developed, approved and followed over the course of operation of the site. The plan must address
dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation
and topographic alterations. It must also identify actions to be taken during operation to mitigate
adverse environmental impacts, particularly erosion, and must clearly explain how the site will be
rehabilitated after extractive activities end.
Page 12
(b) Setbacks for processing machinery. Processing machinery must be located consistent with setback
standards for structures from ordinary high water levels of public waters and from bluffs.
(Ord. No. 101 2nd series, § 1(10.56(16)(P)), 2-24-1992)
Sec. 78-1293. -Water supply.
Any public or private supply of water for domestic purposes must meet or exceed standards for water
quality of the state department of health and the state pollution control agency.
(Ord. No. 101 2nd series, § 1(10.56(16)(Q)), 2-24-1992)
Sec.78-1294.-Sewage treatment.
Any premises used for human occupancy must be provided with an adequate method of sewage
treatment per chapter 58, article II, of this Code. On-site sewage treatment systems must be set back from
the ordinary high water level in accordance with the setbacks contained in section 78-1279. Nonconforming
sewage treatment systems shall be regulated and upgraded in accordance with section 78-1252.
(Ord. No. 101 2nd series, § 1(10.56(16)(R)), 2-24-1992)
Sec.78-1295.-Significant historic sites.
No structure may be placed on a significant historic site in a manner that affects the values of the site
unless adequate information about the site has been removed and documented in a public repository.
(Ord. No. 101 2nd series, § 1(10.56(16)(S)), 2-24-1992)
Secs. 78-1296-78-1320. - Reserved.
DIVISION 2.-YARDS AND OPEN SPACES
Sec.78-1401.- Reduction prohibited.
No yard or other open space shall be reduced in area or dimensions so as to make such yard or other
open space less than the minimum required by this chapter;and if the existing yard or other open space as
existing is less than the minimum required, it shall not be further reduced.
(Code 1984, § 10.03(14)(A))
Sec. 78-1402. -Application to only one dwelling or group.
No required yard or other open space allocated to a building or dwelling group shall be used to satisfy
yard, other open spaces, or minimum lot area requirements for any other building or dwelling group.
(Code 1984, § 10.03(14)(B))
Sec.78-1403.-Lot coverage and massing standards.
Page 13
In all zoning districts other than the I—Industrial district, all lots that have a gross acreage of less than
two acres shall comply with the following massing standards for structures:
(a) Maximum total footprints allowed.
(1) On lots equal to or greater than 10,000 square feet in area, the total combined footprints of
all principal and accessory structures shall not exceed 15 percent of the gross lot area.
(2) On lots of less than 10,000 square feet in area, the total combined footprints of all principal
and accessory structures shall not exceed 1,500 square feet.
(b) Calculation of massing. The following shall be included in the calculation of the total combined
footprints by structures:
(1) All roofed structures more than six feet above grade level.
(2) Tennis courts, patios, decks, and all similar open structures when partially or fully enclosed
by fences, railings or walls which extend more than six feet above grade level (if any portion
of such structures extends more than six feet above grade level, the entire structure shall
count toward lot coverage).
(Code 1984, § 10.03(14)(C); Ord. No. 215 2nd series, § 1, 3-11-2002; Ord. No. 99 3rd series, §
1, 1-28-2013)
Sec. 78-1404.-Tennis courts, sport courts, pools, paddocks, arenas.
Tennis courts, sport courts, pools and paddocks or arenas, when such accessory structures exceed
1,000 square feet footprint area, shall be subject to the following special setback restrictions:
(1) Front, 30 feet minimum and not within the required front yard nor between the front lot line and
the principal structure on the property.
(2) Side, 30 feet minimum and not within the required side yard area.
(3) Rear, 30 feet minimum and not within the required rear yard area.
(Code 1984, § 10.03(14)(D); Ord. No. 106 3rd series, § 21, 6-10-2013)
Sec. 78-1405.-Nonencroachments.
(a) The following shall not be considered to be encroachments on yard setback requirements:
(1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices,
eaves,gutters,and similar building elements, provided they do not extend more than two feet into
a required yard.
(2) Nameplate signs for one-family dwellings subject to the provisions of article X, division 4 of this
chapter; lights for illuminating parking areas, loading areas or yards for safety and security
purposes, provided the direct source of light is not visible from the public right-of-way or adjacent
residential property and is located at least five feet from the front lot line; public utility poles and
overhead lines; mailboxes.
(3) Terraces, steps, uncovered porches, stoops or similar structures which do not extend above the
height of the ground floor level of the principal building and extend to a distance of not less than
two feet from any lot line. Window wells including those for fire egress which do not extend more
than five feet from the building. Sidewalks, driveways and parking areas when constructed,
located and used in compliance with other provisions contained within chapter 78. Driveways may
extend to within five feet of a side lot line.
Page 14
(4) In side or rear yards only, bays or cantilevers not to exceed a depth of two feet nor to contain an
aggregate area of more than 20 square feet, fire escapes not to exceed a width of three feet and
a depth of four feet, and open off-street parking.
(5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying
equipment, and recreational equipment except as otherwise regulated; no accessory structure
shall be closer than five feet from a rear lot line.
(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 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 two feet in height above existing grade, which are
located within the property and at least five feet from any property line, and for which the
amount of imported fill associated with the structure does not exceed 20 cubic yards, do not
require a building or land alteration permit.
c. Retaining walls exceeding two feet in height above existing grade or for which the amount
of imported fill associated with the structure exceeds 20 cubic yards or which are located
less than 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.
(6) In side yards only, no accessory structure shall be closer than ten feet from any side lot line.
(7) Air conditioning or heating equipment may be located within a required yard but shall be located
within five feet of the building it serves;shall not be located within an existing or required drainage
and/or utility easement; and shall be located at least five feet from any lot line.
(8) Fences erected in all zoning districts are considered as a nonencroachment when they conform
to the standards listed below. For the purposes of this section,the following definitions shall apply:
Permanent fence.A fence that is installed in a fixed or enduring manner that is not intended
for a seasonal or temporary purpose.
Temporary fence. A fence that is not permanently secured or anchored to the ground by
posts or affixed footings, and is installed and removed on a limited term or seasonal basis such
as: snow fences, garden fences, seasonal recreational fences such as hockey boards; fences
installed for safety or access management purposes for special events; and fences installed for
the duration of a construction project such as silt fences, erosion control bioretention logs, and
septic drainfield site protection fences.
Fence height. The measurement from the top of any part of the fence, including posts or
other structural supports, lattice, ornate top design elements, and so forth measured to the
existing grade below the fence,as measured perpendicular to the slope(see Drawing). Exception:
Post finials extending above the top of the fence shall not be deemed as part of the fence for
height determination purposes as long as they do not exceed ten inches in width per finial and do
not extend above the top of the fence by more than ten percent of the allowed maximum fence
height at that location.
Page 15
Drawing: Fence Height Measurement
on Sloped Site
Z:1
a. Nonlakeshore lots.
1. Fences and walls within a required front yard or side street yard shall not exceed a
height of 42 inches above original grade.
2. Fences and walls within a required rear or side yard shall not exceed a height of six feet
above original grade.
b. Lakeshore lots.
1. Fences within the required street(rear)yard or side street yard of a lakeshore lot shall
not exceed 42 inches above original grade. Exception: A fence not exceeding six feet
in height may be located along the street lot line of a lake frontage lot which abuts a
major thoroughfare. A major thoroughfare for purposes of this section means any
county road or state highway. If such fence involves fill or berming, the total combined
height of both fence and fill shall not exceed six feet above the height of the crown of
the major thoroughfare.
2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height,
and shall not exceed 42 inches in height for any portion located lakeward of a line drawn
between the most lakeward projection of the fence owner's principal residence structure
and the most lakeward projection of the principal residence structure on the adjacent
property abutting the side yard in which the fence is located.
3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot,
i.e., shall not be located within 75 feet of the shoreline for general development lakes,
100 feet for recreational lakes, or 150 feet for natural environment lakes.
4. When the building site of a lakeshore lot is separated from the lakeshore by a public or
private road, the following definitions will apply for fence location purposes subject to
the provisions of section 78-1405(a)(8)a.2: When the yard on the opposite side of the
building site from the lake does not abut a street, such yard shall be considered as a
standard rear yard. The yard between the building site and the street shall be
considered as a standard front yard.
c. Special provisions. Split rail fences of no more than three rails within a required front, street
or side street yard may have a maximum top rail height of 48 inches above original grade.
Board rail fences within a front, street or side street yard for the specific purpose of enclosing
Page 16
permitted domestic animals may have a top rail height of 60 inches and shall be no more
than 50 percent opaque.
d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a
required clear view at street intersections as required by section 78-1371.
e. Fence construction and maintenance.
1. The owner of a fence shall maintain it in a condition of reasonable repair and
appearance and shall not allow it to become or remain in disrepair or in a dangerous
condition.
2. Fences shall be installed with the finished side facing neighboring properties or the
street. The term "finished side" means that side having no structural supports.
3. Fencing materials shall consist of permanent all weather products.
4. Temporary fencing shall not be allowed to remain on the property following final
inspection, or issuance of a certificate of occupancy for a permitted construction project,
or protection of property during a similar project or winter conditions. Winter conditions
shall be defined as October 15 through March 31 of the following year. Temporary
fencing associated with a special event shall be removed within seven days of the end
of such event. Temporary fencing materials shall not be allowed to remain on a
permanent basis on a parcel.
5. Existing fences that are legal nonconforming as to location, height, design or other
characteristics may be replaced in kind.
(9) Entrance monuments, defined for the purpose of this section as a nearly permanent physical
structure or object, natural or artificial, used to depict an entrance to the property, erected in all
residential zoning districts are considered nonencroachments when they conform with the
following standards:
a. Each monument, with a maximum of two per approved driveway access, shall be limited to
a single pillar with a footprint measuring no larger than 25 square feet and no length to
exceed five feet;
b. The monument must be setback a minimum of five feet from all property boundaries and
never fewer than ten feet from the edge of the paved, traveled roadway;
c. Plans and/or elevation views of the proposed monuments are required to be submitted for
approval by the planning director;
d. All signage proposed for the monuments must comply with section 78-1467;
e. The monuments are limited to eight feet in height including any appurtenances. Any
monument exceeding the maximum height must meet principal structure setback
requirements;
f. When more than one monument is proposed, and serving two or fewer residences, a
minimum horizontal width of 16 feet is required between them;
g. When more than one monument is proposed, and serving three or more residences, a
minimum horizontal width of 22 feet is required between them;
h. Lighting is allowed, in conformance with section 78-1573 and at the discretion of the planning
director.
i. When a gate is proposed, the following requirements must be met:
1. The gate must open into the property not outward towards the right-of-way, and
2. Gates serving two or fewer residences shall have a minimum horizontal width of 14 feet
in the full open position, and
Page 17
3. Gates serving three or more residences shall have a minimum horizontal width of 20
feet in the full open position, and
4. For all properties, gate height may not exceed the height of the monument, measured
from grade, unless principal structure setbacks are met(if monuments are not proposed
then gate height shall be regulated in accordance with the fence height regulations of
section 78-1405(8), and
5. Gates must maintain an opacity level of no greater than 25 percent, and
6. For locked and/or secured gates a knox box, meeting the standards set forth by the
police and fire department, must be provided for emergency access, and
7. On major thoroughfares the monuments and gates must be located 40 feet from the
paved,traveled road to allow for vehicle stacking.A major thoroughfare for the purposes
of this section means any county road or state highway.
j. A building permit is required for installation.A survey must be submitted depicting where the
monuments will be placed, and the property corner pins must be located for inspection
purposes.
(b) The following shall not be considered to be encroachments on structure height requirements:
(1) Parapet walls that extend no more than three feet above the height of the building.
(2) HVAC cooling towers.
(3) Elevator penthouses.
(Code 1984, § 10.03(15); Ord. No. 211 2nd series, §§ 1-5, 11-26-2001; Ord. No. 12 3rd series,
§ 1, 5-24-2004; Ord. No. 30 3rd series, § 1, 11-28-2005; Ord. No. 43 3rd series, § 1, 2-25-2008;
Ord. No. 106 3rd series, § 22, 6-10-2013; Ord. No. 139 3rd series, § 1, 2-23-2015; Ord. No. 140
3rd series, § 1, 3-23-2015)
Sec.78-1406.-Additional yard provisions.
Required yards in the districts specified shall be subject to the following additional requirements:
(1) Through lots. Through lots in any district shall have a required front yard on each street.
(2) B and I districts: adjacent lots. In the B and I districts, where the average depth of at least two
existing front yards for buildings within 150 feet of the lot in question are less or greater than the
minimum front yard depth required for the district, required front yards shall not be less than the
average depth of such existing front yards; however, the depth of a front yard shall not be less
than five feet nor be required to exceed 50 feet.
(3) R districts: adjacent lots. In any R district, where the average depth of at least two existing front
yards for buildings within 150 feet of the lot in question and within the same block front is less or
greater than the minimum front yard depth required for the district, the required front yard shall
not be less than the average depth of such existing front yards; however,the depth of a front yard
shall not be less than ten feet nor be required to exceed 50 feet.
(Code 1984, § 10.75(4))
Secs. 78-1407-78-1430.-Reserved.
DIVISION 3.-ACCESSORY BUILDINGS AND STRUCTURES
Page 18
Footnotes:
---(22)---
Editor's note—Ord. No. 106 3rd series, § 1, adopted June 10, 2013, changed the title of Div. 3 from
"Accessory Buildings"to read as herein set out.
Sec.78-1431.-Accessory buildings and structures on through lots.
All accessory buildings and structures on through lots located in R districts shall meet the following
requirements:
(1) The building or structure shall meet the principal building setbacks that are established under
sections 78-230, 78-255, 78-305, 78-330, 78-350, 78-370, 78-395, 78-420, 78-444.
(2) No negative impacts to adjacent neighbors or public right-of-way result in the placement of the
building or structure, determined at the discretion of the planning director.
Should the planning director determine that item (2) above cannot be met an accessory structure or
building may be permitted by conditional use permit if the planning commission determines no negative
impacts result in the placement of the building or structure. The planning commission may apply
reasonable conditions as part of the approval.
(Code 1984, § 10.03(10); Ord. No. 15 3rd series, § 1, 6-28-2004)
Sec.78-1432. -Time of construction.
No accessory building or structure shall be constructed on any lot prior to the time of construction of
the principal building to which it is accessory. At the time of demolition of the principal building, all
nonconforming accessory structures must be removed. Accessory structures, which comply with this title,
are allowed to remain contingent on a signed agreement stating the following:
(1) Applicants agree to obtain a building permit for construction of the replacement residence within
60 days of demolition; to begin construction on the new residence within 120 days of demolition;
and to complete all exterior work within one year of building permit issuance and interior work
within two years of building permit issuance.
(2) In the event that any activity described in item (1) has not been accomplished within the defined
timeframe, the applicants shall remove the accessory structures at the applicants' expense, or
the applicants shall apply for an extension of this agreement.
(3) If one of the item (1)events occurs and the applicants fail to perform their removal obligations per
item (2), the applicants hereby agree as follows:
a. The city may enter upon the property and remove the accessory building(s).
b. The city may assess the costs of removal to the property.
(4) The agreement shall be binding upon current and future owners of the property, and shall be filed
within the chain of title of the property.
(5) Fee owner(s)of the property, if not the applicants, consent to the execution of the agreement and
to its terms, as shown by his/her/their signature(s) upon the document.
(6) Applicants shall indemnify and hold harmless the city, the city council, and the agents and
employees of the city from and against all claims, damages, losses or expenses, including
attorney fees, which the city, city council and agents and employees of the city may suffer or for
Page 19
which it may be held liable, arising out of or resulting from the assertion against them of any
claims, debts or obligations in consequence of the performance of the terms of this agreement.
(Code 1984, § 10.03(9)(A); Ord. No. 13 3rd series, § 1, 5-24-2004)
Sec.78-1433. - Height restrictions.
No accessory building or structure in an R district shall exceed the height of the principal building, nor
shall an accessory building or structure exceed 30 feet in height.
(Code 1984, § 10.03(9)(B); Ord. No. 106 3rd series, § 23, 6-10-2013)
Sec.78-1434. -Area restrictions.
In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except that
accessory structures in excess of 1,000 square feet will be allowed under the following conditions:
(1) Not more than one oversized accessory structure (OAS) shall be permitted on any property. An
oversized accessory structure is defined as an accessory structure of footprint area in excess of
1,000 square feet, except that the following nonroofed accessory structures which exceed 1,000
square feet footprint area are not considered as oversize accessory structures, but are subject to
the special setback restrictions of section 78-1404.
a. Tennis courts and sport courts.
b. Pools, when pool basin structure (excluding nonencroachment-type patios) is greater than
1,000 square feet.
c. Paddocks or arenas.
(2) Oversized accessory structures are regulated by the following table:
Maximum
Maximum Allowed Total
Individual of All Accessory
Lot Area Accessory Structure
(acres) Structure ( Footprint
Footprint Area Areas* on
(square feet) a Property
(square feet)
i
0-1.99 1,000 2,000
2.00-3.00 1,200 2,400
3.01-3.50 1,400 2,800
I
3.51-4.00 1,600 I 3,200
Page 20
-T 4.01-4.50 1,800 3,600
4.51-5.00 2,000 4,000
5.01-6.00 2,200 4,400
6.01-7.00 2,400 4,800
7.01-8.00 2,600 5,200
8.01-9.00 2,800 5,600
9.01 or more 3,000 6,000
* Excluding nonroofed tennis courts, sport courts, pools, paddocks, arenas.
(3) Any oversize accessory structure shall be subject to the following conditions:
a. No such accessory structure shall be located within a required yard area(principal structure
setbacks must be met). Further, no such structure shall be nearer the front lot line than the
front line of the principal residence on the property, and no such accessory structure shall
be located less than 30 feet from the side or rear lot line regardless whether less strict
principal structure setbacks apply.
b. The maximum height for such accessory structure shall be 30 feet or the defined height of
the principal residence structure on the property, whichever is less.
c. Such structure shall be allowed only when the property owner agrees and covenants in
writing with the city as follows:
1. No future subdivision will be approved that places the structure within a lot that has no
principal structure, except that the city in its subdivision approval may grant a finite time
period in which the oversized accessory structure may remain without a principal
structure, in order that a principal structure may be constructed. At the end of this time
period, the oversized accessory structure must be removed if no principal structure has
been constructed.
2. If the property is subdivided, the oversize accessory structure and principal structure
will be located together within a lot that meets the minimum lot area requirement for the
given size of accessory building.
3. In subdivision approval, the setback required for the oversize accessory structure shall
remain.
Such covenant shall be binding on current and future property owners and shall be filed in
the chain of title of the property.
(Code 1984, § 10.03(9)(C); Ord. No. 106 3rd series, § 24, 6-10-2013)
Sec. 78-1435.-Location.
Page 21
Except as may be specifically provided, no detached garage or other accessory building shall be
located nearer to the front or street lot line than the principal building on that lot. Detached garages or other
accessory buildings on lots which have frontage on a lake may be located between the rear yards of such
lots and the principal building only if setback requirements of section 78-305(b), section 78-330(b) and
section 78-350(b) are met. Exception: Detached garages on lots that have frontage on a lake may be
located ten feet from the street or rear lot line when doors face away from the street and an adequate
vehicle turnaround is provided on the site. This section shall not apply to lakeshore lots that are divided by
streets or private roads or are corner lots.
(Code 1984, § 10.03(9)(D); Ord. No. 52 3rd series, § 2, 11-24-2008; Ord. No. 106 3rd series, §
25, 6-10-2013)
Sec.78-1436.-Setbacks.
Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet
footprint area shall be located at least 15 feet from any lot line.
(Code 1984, § 10.03(9)(E))
Sec. 78-1437.-Plumbing.
Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the
potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit
residential development density to the allowed densities within the respective zoning districts, plumbing in
accessory buildings shall be regulated as follows:
(1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory
building that is conforming in location, size and height.
(2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a
shower or bathtub shall be allowed in any accessory building that is conforming in location, size
and height with, subject to provision of municipal sanitary sewer or a conforming sewage
treatment system designed to handle the anticipated flows from such fixtures, and subject to the
property owner's executing a covenant providing that the accessory building will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed by this
Code.
b. Used as a dwelling unless a guest house conditional use permit is obtained.
c. Rented, leased or otherwise provided for use as a dwelling under any circumstances.
(3) Installation of any combination of fixtures requiring wastewater plumbing that includes a shower
or bathtub shall be allowed only in an accessory building that is conforming in location, size and
height and which meets one of the following criteria:
a. The accessory building has been approved for a guest house conditional use permit; or
b. The accessory building has been approved for a bathtub or shower in accessory building
conditional use permit.
(Ord. No. 179 2nd series, § 1, 10-12-1998; Ord. No. 45 3rd series, § 11, 2-25-2008)
Sec. 78-1438.-Crowding principal building.
No accessory building or structure, unless an integral part of the principal building, shall be erected,
altered or moved within ten feet of the principal building, nor within ten feet of another accessory structure.
Page 22
(Code 1984, § 10.03(12))
Sec. 78-1439.-Garages.
Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more
from the property line when the doors face on a public alley or street.
(Code 1984, § 10.03(13))
Sec.78-1440.- Exterior materials.
Except for accessory buildings that are less than 120 square feet in area or are located on lots two
acres in area or larger, an accessory building and the principal building shall be consistent in design and
color.Detached garages located within the rear yard on lots that have frontage on a lake shall have windows
or other ornamental features on the wall facing a street or private road.
(Ord. No. 52 3rd series, § 3, 11-24-2008)
Secs. 78-1441-78-1465.- Reserved.
Sec.78-1605.-Wetland buffer areas and setbacks.
(a) This subsection establishes authority for wetland buffer areas around protected wetlands. Buffer areas
are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of
wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that drains
into wetlands. Buffer areas can improve the biological diversity and health of a wetland environment
while reducing the adverse impacts of human activities.
(b) All wetlands within the City of Orono are within the Minnehaha Creek Watershed District (MCWD),
which has rules and regulations for the establishment and maintenance of wetland buffers. In an effort
to avoid overlapping or conflicting regulations, the city defers jurisdiction for the establishment and
maintenance of wetland buffers to the Minnehaha Creek Watershed District. If application of MCWD
buffer regulations is in conflict with city regulations, the more restrictive requirements shall apply.
(c) In order to provide for a minimum level of wetland protection where Minnehaha Creek Watershed
District buffer rules do not provide for adequate separation between wetlands and buildings or other
structures or surfaces, the city shall require setbacks from the delineated edge of a protected wetland
as follows:
Minimum distance setback from delineated edge of wetland to any
building (principal or accessory)or other structure, hardcover,
septic systems or wells:
Where no formal buffer exists and
where MCWD does not require a 35 feet
buffer
Where a formal buffer exists or 35 feet or established buffer width plus 10 feet,whichever is
where MCWD buffer is required greater
Page 23
Areas within the required setback area subject to filling, grading or excavation as part of a construction
project shall be revegetated immediately upon completion of such earthwork. Setbacks must be verified
with wetland delineation information. The determination of whether a Level 1 delineation or Level 2
delineation is required shall be at the discretion of the planning director. Level 2 delineation information
shall be provided on a certified certificate of survey. The requirement for delineation shall be applied in
cases where the wetland exists within 150 feet of the proposed project.
(d) The City of Orono has established wetland protection strategies in the Orono Surface Water
Management Plan (SWMP) (January 2011). A protection classification has been assigned to each
wetland in Orono based on the stormwater susceptibility and functional assessment for each wetland.
The city has also established additional protection requirements for each classification. The four
protection classifications are described as follows:
i Additional Protection
Requirements
Protection Susceptibility Description (B= Bounce=Change in
Classification Rating I water level due to runoff
event)
(P= Phosphorus)
B: Maintain bounce at or
i
Highly susceptible to both quantity and quality below existing
Highly conditions
"Preserve" impacts from runoff; have the highest degree
Susceptible P: Limit loadings to
of protection
predevelopment loading
(0.14 Lbs/Ac/Yr)
B: Maintain bounce at or
i
below existing
Moderately susceptible to quantity and
conditions plus 0.5 foot
Moderately quality impacts; protection is less stringent
"Manage 1" P: Limit loadings to
Susceptible than Preserve, provides protection to
predevelopment
maintain their characteristics
loadings times 2 (0.28
Lbs/Ac/Yr)
i
B: Maintain bounce at or
below existing
Slightly Less stringent protection than Manage 1 conditions plus 1.0 foot
"Manage 2" Susceptible wetlands; maintenance of characteristics is P: Limit concentration to
desirable predevelopment
concentrations(200
ppb)
I E
Page 24
Wetlands are significantly degraded (e.g.,
cultivated or canary grass monotype)or lack B: No quantity
Least I requirement
"Manage 3" of wetland characteristics; not typically
Susceptible impacted by runoff; no quantity and only P: Limit concentration to
225 ppb
limited quality treatment of runoff is required
The protection classification for each wetland will be found on the"Wetland Management Classification
Map & List"which is hereby adopted by reference, a copy of which shall be kept on file in the office of the
city clerk and shall be available for public review during all normal office hours. The Minnehaha Creek
Watershed District required buffer area widths are based on the four protection classifications.
(Ord. No. 28 3rd series, § 1, 8-22-2005; Ord.No. 103 3rd series, § 2, 5-28-2013)
Page 25