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HomeMy WebLinkAbout1983-05-15 Ordinance No 246 Seasonal ZoningCIi'Y OF ORONO ORDINANCE NO. 246 SUMMARY PUBLICATION Or. vote of 4 ayes and 1982 , the Orono City Council by a nays adopted revised zoning- — — - -»■ tuning regulations for properties located on the three Lake Minnetonka Islands within Orono. The City Council has determined that publication of the title of the ordinance and the following summary of the ordinance will clearly inform the public of the intent and effect of the ordinance, and is dee.med to fulfill all legal requirements for ordinance publication. A printed copy of the complete text of the ordinance is on file at the office of the Crono City Clerk. 1335 South Brown Road, and is available for inspection by any person during normal office hours. ORDINANCE NO. 246 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY CHANGING THE ZONING DISTRICT DESIGNATION AND PERFORMANCE STANDA.RDS APPLIED TO BIG ISLAND, MAHPIYATA ISLAND AND DEERING ISLAND. S-CTION 1: This section of the ordinance amends the existing zoning Code of the City by deleting the LR-lA-1 One Family Lakeshore Residential Subdistrict and by replacing it with the new RS Seasonal Recreational Zoning District. SECTION 2: This section of the ordinance establishes the performance standards and regulations that govern all land use and develojxnent in the RS Seasonal Recreational District: 34.361. The purpose of RS District is to implement the special comprehensive planning policies developed for Big Island, Mahpiyata Island and Dcering Island. Provision of normal municipal services to the islands is difficult, costly or impossible. Therefore special regulations are necessary to insure public health and safety. Those include limitations on land use types and densities, and special performance standards for fire protection, security, sanitation, and on-site sewer and water systems. 34.362. Permitted land use types in the RS District are: aj single family dwellings used seasonally for not more % Page 2 than 180 days in any one year; b) single family recreational use of land without a dwelling; and c) oublicly-owned and operated day-use parks, nature areas or'wildlife preserves. 34.363. Land use types allowed in the RS District by Conditional Voft are; a) single family dwellings used for more than ISO^ys a year; b) private quest cabins in addition to the main dwelling on any lot; c) day-use recreation areas owned by nrivate clubs, groups or assiciations; d) overnight camps; e) planned resi^ntial development subdivisions limited to 20 acres or more in size; and f) keeping of domestic farm-type animals. All Conditional Uses are subject to City Council review and approval based upon specified performance standards. 34.364. This section lists accessory uses allowed on land occupied by any permitted or conditional use. 34.365. This section regulates the private use of public lands including platted rights of way requiring a license for any person to grade, *ill or excavate such land; or to erect a dock or any other physical improvement on such land. Licenses are not required tor adjacent property owners to control weeds or brush, sod, seed, mow or otherwise naintain such land in a neat and presentable manner. 34.366. This section establishes a minimum dry-buildable lot area land divisions on the islands. It further defines and identifies each existing record lot on the islands and ilnrf a> 8«^>dividable: b) buildable in confor- ordinance; c) substandard in lot area but buildable Council review; or d) vacant property that is unbuildable as it stands becruse of extremely small*^slze. currently containing a cabin are listed as buildable. Additional provisions regulate future subdivision of these record' Combination of separate tax parcels orior to issuance of any building permit, variance or conditional use permit, section provides for minimum setbacks from lakeshore. wetlands, property lines and between buildings. esnore, existing maximum hardcover regulaclons within 1000 feet of the shoreline. heighJ're^lStiOT^®" the existing maximum building provides for minimum building construction including foundations, minimum floor area requirements, roof requirements, minimum plumbing requirements, special special fire protection requirements 5«qwlrcd to have an .ipprovcd smoke^detection 180 ^ dwellings used for more than180 days per year are required to have some form of manual or automatic fire extinguishing equipment available within 5 years. rakJc 3 All non-residential buildings which have an occupant load of 50 persons or more arc required to have an approved automatic fire sprinkler system, or equivalent, installed within 5 years. At least one fire extinguisher is required in every habitable building including all dwellings. 34.372. This section establishes special requirements to insure adequate on-site sewage treatment on the islands based upon the level of actual use. Dry pit-type but not vault-type outhouses and innovative alternative waste treatment devises’ are allowed under certain circumstances. Standard septic-tank and drain- field systems are required for most properties. 34.373. This section requires property owners to remove all rubbish, junk and debris from their property, requires that all garbage be packed-off the Islands for mainland disposal, and prohibits the burying or burning of any garbage, refuse, • rubbish or debris. 34.374. This section continues the existing prohibitions against open burning without a permit, except for camp fires or cooking fires. 34.375. This section continues the existing prohibitions against cutting of 6" or larger trees within 75 feet of the shoreline. 34.376. This section provides for a period of 7 years within which time all non-conforming land uses must be made fully con- foraing to the use and performance standard requirements of this ordinance, unless within 6 months of ordinance adoption the landowner apolys for a variance to allow the use to continue and to establish a timetable for compliance with on-site sewage treatment, security, fire protection and other performance standards. Failure to apply for the variance will be prima facie evidence that the use did not lawfully exist as of November 9, 1981. 34.377. This section states that regulations applying to non- conforming uses are not intended to apply to substandard lots of record based on lot size alone. 34.378. This section provides special exceptions and standards allowing the continued use, maintenance and enlargement of existing buildings even if they should not meet all of the required setback dimensions. 34.379. This section reserves to the City the right to make future amendments to the ordinance, including the right to modify or limit any new development potential which may have been granted by this ordinance. SECTION 3: This section of the ordinance amends the Official Zoning Map of the City by changing all lands on Big Island, Mahpiyata Island and Deering Island from the LR-lA-1 Zoning District to the RS Zoning District, and includes the legal descriptions of such land. I ■a \ \ •4* ClTYof ORONO iNml Uffici* Iki* l)4i*Crystai Hay. MinneaoU rjf>;{2MaMunicipal OfTicw* On the North Shore of Lake Minnetonka ORDINANCE NO. 246 RS.SEASONAL RECREATIONAL ZONING GENERAL INFORMATION ABOUT CONDITIONAL USE PERMITS FEBRUARY 15, 1983 © Ordinance No. 246 provides that certain uses of land in the RS District are allowed only by Conditional Use Permit issued by the City Council. This is because these uses are more intensive than a seasonal cabin and need special considerations due to their island location. If your property has been actively used for one or both of the follo%d.ng purposes* you are entitled to apply for a conditional use permit (and variance if necessary) to continue that use: _ _ _SECTION 34.363(a); TO AUTHORIZE PRINCIPAL DWELLING USE: meaning any home or cabin that is used or occupied for 181 days or more in any one year; or any dwelling regardless of the duration of use if you wish to claim a Minnesota '^principal residence" homestead tax credit. If the property is not homestead, and if your total annual usage is less than 180 days (6 months), then your use is allowed by the ordinance and you do not have to apply for this special permit. Note that even if you use the property a few days every month, it is the total number of days that count, not how these days might be spread throughout the year. _ _ _^SECTION 34.363(b); TO AUTHORIZE A PRIVATE CUEST CABIN in addition to and on the same Record Lot as a principal dwelling or a seasonal cabin. A permit may also be issued for more than one private guest cabin on the same lot. Private guest cabins may be used solely by the occupants of the principal or seasonal dwelling, including their domestic employees, caretakers or non-paying guests. Private guest cabins shall not be rented or leased for compensation of any kind. If you have only one guest cabin 600 sq. ft. or smaller, constructed without indoor plumbing, toilets or kitchen facilities and used only for occasional additional sleeping space, then this use is allowed by ordinance and you do not have to apply for this special permit. A separate application form is required for each of these uses. Detailed information is necessary to prepare an accurate permit, to speed-up the review, and to determine whether or not a variance is needed. IF YOU WISH TO APPLY FOR A CONDITIONAL USE PERMIT, check one or both of the above uses and return this sheet to the City in the enclosed postage-paid envelope. You Will be sent the application form by return mail. Your application will be processed with is submitted to the City Zoning Office BEFORE Jt^LY 1, NO lEE REQUIRED if all necessary information _ _ __ _ _ _ _ _1983. Applications received after that date will loose any "grandfather" rights and will be subject to all fees and other requiremen*^'? of regular conditional u.se applications. Bi ll l)INC;a /OMNC; 473 7J57 ,\SSI SSIMi (continued on back) AHMIMSIRAllONAI INAMi - 47J 735H • K BI K WORKS - 473 735*1 I In review of each application, the City Council will compare your property and use to current building and zoning code requirements. The Council may establish reasonable standards and timetables for you to make any practical changes or Improvements which might be necessary to comply with current codes. VIhere full compliance with new requirements is Impractical or would cause you undue hardship, the Council may grant a variance to allow continued non-conforming use. However, a variance will not be granted if it would cause or allow to continue any health or safety problem. Issuance of a permit will be done by a formal "rasolution” which will require your signature before final approval by the City Council. This resolution will then be recorded in the clu.in of title of your property as required by State Law, If you have any questions, please call City Planner Alan Olson or Zoning Administrator Jeanne Mabusth at 473-7357. SECTION 4: This section of the ordinance repeals Ordinance No. 238 and Ordinance 241. the development moratorium placed on the islands on November 9, 1981. SECTION 5: This section of the ordinance adopts the ordinance, makes the ordinance effective on the date of adoption, and provides for the publication of this summary of the ordinance. /s/ William B. VanNest, Mayor Attest; Alberta M. Strom, City Clerk