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HomeMy WebLinkAboutZoning info § 10 . 56 C. 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: 1. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High Water Level: Setbacks Public Water Structures Sewage Treatment Classification Unsewered Sewered System NE 150 150 150 RD 100 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 from: Setback (in feet) - 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 10.03, Subd. 9 (D) 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, Iandings, 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 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 Subdivision 16 (F) of this section. Retaining walls shall not be placed within the shore setback zone. ORONO CC 376-11 � 2-24-92� § 10 . 55 Subd. 6. Zoning Use �istricts. The Zoning Use �istricts as designated on the Official Zoning Map shall remain unchanged with the adoption of this Section. The provisions of this Section, including the designation of Flood Plain and Wetlands Conservation Areas , shall be in addition to all other provisions of this Chapter. Whenever conflicts occur between other provisions of this Chapter and provisions of this Section, the most restrictive provision shall prevail . Subd. 7. Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain. A. The regulatory flood protection elevation within the Floodway and Flood Fringe Districts shall be established by adding 1.0 foot to the Base Flood Water Surface Elevations within Floodway listed in the Floodway Data Table contained in the Flood Insurance Study. Regulatory flood protection elevations between cross-sections shall be interpolated. B. The regulatory flood protection elevation for Lake Minnetonka shall be 932 . 5 MSL. C. The regulatory flood protection elevation within the General Flood Plain District shall be calculated by a qualified registered professional engineer in accordance with procedures set forth herein. Subd. 8. Development Restricted; Prohibition. Except as hereinafter specifically permitted, no filling, grading, dredging, excavation , hardcover , temporary or permanent structures , obstructions, septic systems, well or other construction shall be allowed within the Flood Plain and Wetlands Conservation Area; nor on any lands within 26 feet thereof; nor on any land within 75 feet of the ordinary high water elevation of any lake shoreline, nor on land abutting, adjoining or affecting said area if such activity upon those adjacent areas is incompatible with the policies expressed in this Section and the preservation of those conservation areas in their natural state. Subd. 9. Floodway Distr ict (FW) . The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other City Code provision and provided all permits or authorizations are received as may be required by other City Code provisions or regulation of other governmental agencies having jurisdiction, including without limitation , the Minnesota Department of Natural Resources, the Minnehaha Creek Watershed District, and the Lake �Iinnetonka Conservation District. In addition, no use shall adversely affect ORONO CC 365 (4-1-84) § 10 .31 G. Permit Limitations. A oermit issued under this Subdivision shall not grant or vest any property rignts to use of the public right-of-way or other public property, or in any improvements made thereto. Permits issued under this 8ubdivision shall be valid for one year, shall be subject to change, alteration or revocation for cause by the Council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the City to the permittee at least thirty days prior to the anniversary date. H. Hold Harmless. As a condition of issuance of any permit, the applicant shall in writing release, indemnify and hold harmless the City from any and all claims or causes of action arising out of the use or alteration of the platted right-af-way by applicant or his invitees. I . Permit Hearing and Notice. The Planning Commission or the Council shall hold a public hearing or hearings on each application for a permit. Notice of the public hearing shall be given not less than ten days or more than thirty days prior to the date of the hearing by publication in the legal newspaper for the City. Such notice shall contain the description of the land and the proposed use. At least ten days before the hearing, the City Clerk shall mail an identical notice to the applicant and to each of the property owners within 350 feet of the outside boundaries of the land in question. Failure of the property owners to receive notice shall not invalidate the proceedings. At the public hearing, the Planning Co mmission or the Council shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. Subd, 6. Lot Area Requirements. Within any "RS" Seasonal Recreational District, no new lot or parcel shall be created less than 5.0 acres in dry buildable lot area exclusive of any designated wetlands. Within any "RS" Seasonal Recreational District, the following provisions shall govern the buildability, use and/or subdivision of each existing record lot as defined and \`l identified therein: � \ A. Record Lot Definition. For purposes of the "RS" � Seasonal Recreational District, a "record lot" shall mean all the contiguous or abutting land owned in common by the same person or persons as of November 9 , 1981, or at any time such common ownership may occur thereafter, including one or more separately platted lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on the islands, also included within the definition of a "record lot" is commonly-owned land that is contiguous except for being separated only by platted ORONO CC 313 (4-1-84) § 10 .31 unopened public right-of-way. Each record 1ot as defined and identified herein shall be considered in its entirety to be one lot for zoning purposes. l. The effective date for determination of com mon ownership is November 9 , 1981, the date of adoption of Ordinance No. 238 establishing a moratorium on development, including land subdivision, on the Lake Minnetonka Islands. Co mmon ownership as of that date has been and shall be determined by the deeds of record at the Hennepin County Recorder's Office. This definition shall not preclude the City fro m recognizing or enforcing the common ownership/lot of record provisions of Ordinance No. 172, or any other similar prior ordinance. 2. The Council has identified and hereby establishes 69 record lots on Big Island, Mahpiyata Island and Deering Island as listed by Record Lot Number in the left-hand column of Subparagraphs D, E, F and G of this Subdivision. Each such record lot shall include all land identified by all tax parcel property identification numbers (PID's) grouped together following the Record Lot Number . 3. Within sixty days after adoption of this Section, the owner of each record lot shall be notified in writing at his last recorded address of the classification of each record lot, including all tax parcels determined to be included in such record lot. All existing uses in the "RS" District are identified in the Record Lot Inventory, Subparagraphs D, E, F and G of this Subdivision, and all such uses have been deemed to be seasonal in nature. The notice shall provide that in order to receive the benefits of the automatic lot area variances granted by Subparagraphs F and H of this Subdivision, the owner shall on a form provided by the City acknowledge the record lot and shall apply for combination of all separate tax parcels pursuant to Subparagraph B of this Subdivision. Any record lot owner may appeal the record lot classification or use determination to the Council with no application fee required within six months of the effective date of this Section. The Record Lot Znventory shall be considered accurate and final for all propertizs except those found on appeal to have a demonstrable cause for change or adjustment. 4. Notice of record lot establishment as determined herein shall be filed by the City in the chain of title of each property. 5. Future changes in tax parcel property identification numbers caused by combination of parcels for tax purposes or for any other reason shall not alter the establishment of record lots listed hereinafter. New record lots shall be created only by Council approved subdivisions pursuant to Subparagraph C of this Subdivision, or by combination of two or more complete record lots listed hereinafter, ORONO CC 314 (4-1-84) � 10 .31 B. Tax Parcel Combination Required. No new building permit, variance or conditional use permit shall be issued for any purpose on any record lot composed of two or more tax parcels unless or until the owner of such record lot shall apply for a formal combination of all commonly-owned property into one parcel. If contiguous, all property shall be combined into one tax parcel. If separated by public right-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. C. Subdivision of Record Lots. All record lots established in this Subdivision shall be continued in com mon ownership and shall not be subdivided, sold in parts, reduced in area, leased or otherwise separated without application for and Council approval of a "subdivision" in accordance with the Subdivision Regulations Chapter. Such subdivisions will normally be approved and additional new record lots created only if all resulting lots are each 5.0 acres of dry-buildable lot area or more. No existing record lot shall be divided or reduced in area to less than 5.0 acres of dry-buildable lot area, except as follows : 1. Lot line rearrangements between abutting properties that do not create an additional building site will normally be approved. 2. Separation - of platted lots divided by public rights-of-way may be approved provided the separated lot is combined with other abutting property to enlarge said property without necessarily creating an additional substandard building site . D, Subdividable Record Lot Inventory. The following record lots are hereby established, each of which is determined to have a dry-buildable lot area in excess of 10.0 acres per owner. Therefore, each of the following record lots may be subdivided into two or more lots in conformance with the minimum lot area requirements of this Subdivision subject to subdivision application and approval pursuant to Subparagraph C of this Subdivision and to the Subdivision Regulations Chapter. Record lots are identified by Record Lot Number , and each includes all property identified thereafter by the listed tax parcel property identification numbers : ORONO CC 315 (4-1-84) § 10 .31 Record Tax �arcels in Combined Lot No. Location Common Ownership Dry Acreage 1) Big Island 14-117-23 34 0001 23-117-23 21 .0001 23-117-23 22 0001 44. 5 2) Big Island 22-117-23 13 0003 0004 22-117-23 14 0001 0003 23-117-23 22 Q014 ' 0015 38. 3 3) Big Island 22-117-23 24 0001 17.6 4) Big Island 22-117-23 13 0001 0005 22-117-23 42 0001 19 .8 E, Conforming Record Lot Inventory. The following record lots are hereby established, each of which is determined to have a dry-buildable lot area of 5.0 acres or more per owner. Therefore, each of the following record lots are in conformance with the minimum lot area requirements of this Subdivision, and may be used for any one-family permitted or conditional use in the "RS" District, subject to all performance standards and approvals required therefor including tax parcel co mbination pursuant to Subparagraph B of this Subdivision. Record lots are identified by Record Lot Number , and each includes all property identified thereafter by the listed tax parcel property identification numbers. "SD" means permitted Seasonal Dwelling; "SR" means permitted Seasonal Recreational Use without structures; "CUP" means Conditional Use Permit: i Record Tax Parcels in Combined Exist. ' Lot No. Location Common Ownership Dry Acre. Use 1) Big Island 14-117-23 34 0001 CUP 23-117-23 21 0001 Over- Night 23-117-23 22 0001 44.5 Camp 2) Big Island 22-117-23 13 0003 0004 22-117-23 14 0001 0003 22-117-23 22 0014 CUP 0015 38. 3 Park 3) Big Island 22-117-23 24 0001 17. 6 SD & _ CUP ORONO CC 316 (4-1-84) § 10 .31 Record Tax Parcels in Combined Exist. Lot No. Location Common Ownership Dry Acre. Use 4) Big Island 22-117-23 13 0001 0005 22-117-23 42 0001 19 .8 SR 5) Big Island 22-117-23 14 0002 9 .0 CUP 6) Big Island 22-117-23 31 0001 6 . 3 SD 7) Deering Island 18-117-23 31 0001 6 . 5 SD F. Substandard - Buildable Record Lot Inventory. The following record lots are hereby established, each of which is determined to have a dry-buildable lot area of less than 5.0 acres per owner, which lot area is substandard pursuant to the minimum lot area requirements of this Subdivision. However , based upon individual lot surveys and existing lot development patterns, the record lots listed herein are hereby granted l.ot area variances and are recognized by the Council as buildable lots. Each of the following record lots may be used for one-family seasonal recreational use or for a single permitted seasonal dwelling which may be either the existing dwelling, a replacement dwelling, or if vacant, a new dwelling, without further Council action or review, subject to strict compliance with all setback, hardcover, on-site sewage treatment and other performance standards for development in the "RS" District, including tax parcel combination pursuant to Subparagraph B of this Subdivision. Record lots are identified by Record Lot Number , and each includes all property identified thereafter by the listed tax parcel property identification numbers, "SD" means permitted Seasonal Dwelling; "SR" means permitted Seasonal Recreational Use without structures; "CUP" means Conditional Use Permit: Record Tax Parcels in Combined Exist. Lot No. Location Common Ownership Dry Acre. Use 8) Big Island 23-117-23 23 0001 23 0002 4 . 3 SR 9) Big Island 22-117-23 24 0006 24 0008 3.7 SD 10) Big Island 23-117-23 22 0002 3.6 SD 11) Mahpiyata Is. 22-117-23 13 0002 3. 4 SD 12) Big Island 22-117-23 42 0019 3 . 1 SD 13) Big Island 22-117-23 24 0009 3. 1 SR ORONO CC 317 (4-1-84) � 10 .31 Record Tax Parcels in Combined Exist. Lot No. Location Common Ownership Dry Acre. Use 14) Big Island 22-117-23 42 0001 2.7 SR 15) Big Island 23-117-23 32 0028�� 0029 0046 0047 1 0048 0049 2.5 SD 16) Big Island 23-117-23 32 0001 0002 0013 � 0014 0015 0044 2.2 17) Big Island 23-117-23 32 0030 0031 0032 0033 0041 2. 0 18) Big Island 23-117-23 22 0018 1.8 SD 19) Big Island 22-117-23 42 0004 0009 0010 0011 0012 0013 0014 0015 0016 0017 0018 1.7 SR 20) Big Island 23-117-23 32 0042 0053 1.5 SD 21) Big Island 22-117-23 31 0002 1.4 SR 22) Big Island 22-117-23 41 0001 23-117-23 32 0013 0014 0015 0019 1.3 SD 23) Big Island 23-117-23 22 0008 0016 1.2 SD ORONO CC 318 (4-1-84) § 10 .31 Record Tax Parcels in Combined Exist. Lot No. Location Common Ownership Dry Acre. Use 24) Big Island 23-117-23 32 0043 0044 0050 l.l SD 25) Big Island 23-117-23 32 0003 0035 0040 1.0 SD 26) Big Island 23-117-23 23 0007 0008 0009 0010 1.0 SD 27) Big Island 23-117-23 32 0005 0006 0007 0008 0009 0 .97 SD 28) Big Island 22-117-23 31 0025 0.97 SD 29) Big Island 23-117-23 32 0024 0025 0026 0 .90 SD 30) Big Island 23-117-23 32 0051 0052 0.86 SR 31) Big Island 22-117-23 31 0005 0006 0023 0024 0.84 SD ' 32) Big Island 23-117-23 32 0054 0056 0.80 SD 33) Big Island 23-117-23 32 0021 0022 0 .75 SD 34) Big Island 22-117-23 31 0012 0013 0014 0015 0 .68 SD 35) Big Island 22-117-23 31 0017 0018 0019 0.68 SD 36) Big Island 22-117-23 23 0013 0014 0 .66 SD ORONO CC 319 (4-1-84) � 10 .31 Record Tax Parcels in Combined Exist. Lot No. Location Common Ownership Dry Acre. Use 37) Big Island 23-117-23 23 0015 0016 0 .65 SR 38) Big Island 23-117-23 23 0011 0012 0 .62 SR 39) Big Island 23-117-23 23 0023 0024 0 .59 SD 40) Big Island 23-117-23 32 0023 0. 54 SR 41) Big Island 23-117-23 32 0058 0 .53 SD 42) Big Island 22-117-23 31 0009 0010 0011. 0 . 51 SD 43) Big Island 22-117-23 24 0002 0003 0 . 50 SD 44) Big Island 22-117-23 31 0003 0004 0 .50 SD 45) Big Island 22-117-23 31 0007 0008 0.49 SD 46) Big Island 23-117-23 23 0017 0018 0 .49 SR 47) Big Island 23-117-23 32 0037 0.46 SD 48) Big Island 23-117-23 23 0019 0020 0 .46 SD 49) Big Island 23-117-23 23 0021 0022 0 .44 SD 50) Big Island 22-117-23 31 0021 0022 0 .40 SD 51) Big Island 23-117-23-23 0027 0. 39 SR 52) Big Island 23-117-23 32 0004 0038 0 .38 SD 53) � Big Island 23-117-23 32 0057 0 . 35 SD 54) Big Island 23-117-23 23 0005 0006 0 .33 SD ORONO CC 320 (4-1-84) § 10 .31 Record Tax Parcels in Combined Exist. Lot No. Location Common Ownershi Dry Acre. Use 55) Big Island 23-117-23 22 0017 0 . 33 SD 56) Big Island 23-117-23 32 0027 0 . 33 SD 57) Big Island 23-117-23 32 0055 0 .33 SD 58) Big Island 23-117-23 32 0034 0036 0 .32 SD 59) Big Island 22-117-23 24 000� 0 .25 SD 60) Big Island 22-117-23 31 0016 0 .23 SD 61) Big Island 22-117-23 32 0039 0 . 20 SD 62) Big Island 23-117-23 22 0009 0 .18 SD G. Substandard-Unbuildable Record Lot Inventory. The following record lots are hereby established, each of which is approximately one-third (1/3) acre in area or smaller, which lot area is too small to accommodate any form of new permanent use without available services such as municipal sewer. Each of the following record lots are therefore determined by the Council to be unbuildable and may not have structures or buildings erected thereon unless a variance to this Subdivision shall be issued by the Council. However, One-Family Seasonal Recreational Use without structures pursuant to Subparagraph B of Subdivision 2 shall be permitted subject to strict compliance with all on-site sewage treatment performance standard requirements for the "RS" District. Record lots are identified by Record Lot Number and each includes all property identified thereafter by the listed tax parcel property identification numbers. "SR" means Seasonal Recreational Use without structures: Record Tax Parcels in Combine� Exist. Lot No. Location Common Ownership Dry Acre. Use 63) Big Island 23-117-23 23 0003 0004 0 .35 SR 64) Big Island 23-117-23 22 0010 0 .34 CUP- 0011 Park 65) Big Island 23-117-23-32 0016 , 0017 0 .26 SR 66) Big Island 22-117-23 24 0004 0 . 25 SR - 67) Big Island 23-117-23 32 0020 0 .21 SR ORONO CC 321 (4-1-84) � 10 .31 Record Tax Parcels in Combined Exist. Lot No. Location Common Ownership Dry Acre. Use 68) Big Island 22-117-23 32 0018 0 . 18 SR 69) Big Island 22-117-23 31 0020 0 .18 SR H. Substandard-Unbuildable Record Lot Exception. Any new record lot resulting from future combination for ownership and tax purposes of any two or more adjacent record lots listed in Subparagraph B of this Subdivision with each other and/or with another vacant or undeveloped record lot, which total dry-buildable acreage meets or ex .:eeds one-half (0.5) acre will be granted an automatic lot area variance and will be recognized by the Council as a buildable lot as if it had been listed under Subparagraph F of this Subdivision. Each such new record lot may be used for one- family seasonal recreational use without structures, or for a single permitted seasonal dwelling without further Council action or review , subject to strict compliance with all setback, hard- cover, on-site sewage treatment and other performance standards for development in the "RS" District, including tax parcel combination pursuant to Subparagraph B of this Subdivision. Subd. 7. Lot Width Requirements. Within any "RS" Seasonal Recreational District, no new lot or parcel shall be created less than 200 feet in width measured at the shoreline and at the building site. No existing lot of record shall be reduced by any lot line rearrangement to, less than 50 feet in width measured at the shoreline and at the building site. Subd. 8. Yard and Setback Requirements. Within any "RS" Seasonal Recreational District, the following yard and setback requirements shall be observed for all new structures and for any addition or alteration to any existing structure, whether temporary, seasonal or permanent: A. Minimum setback from lakeshore; all structures including decks, fences, retaining walls, wells, on-site sewage treatment systems and land alteration of any kind : 75 feet. B. Minimum setback from designated wetlands: 1. Wells and sewage treatment systems : 75 feet. 2 . All structures , land alteration , or hardcover of any kind: 26 feet. C. Minimum setback from platted street rights-of- way, all structures : 30 feet. D. Minimum setback from internal side or rear property line: ORONO CC 322 (4-1-84) § 10 .31 l. All structures on lots 200 feet or more in �idth: 50 feet. 2. All structures on existing record lots 100 �eet or more in width but less than 200 feet in width: 30 feet. 3. All structures on existing record lots less �han 100 feet . in width: 10 feet. E. Minimum setback any building to any other: 10 feet. Subd. 9. Lakeshore Hard Cover Regulations. Within 75 feet of any shoreline there shall be no excavating, filling, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 25� hard cover. Within 250 to 500 feet of the shoreline there shall be no greater �han 30$ hard cover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 35� hard cover . Subd. 10. Building Height. Within any "RS" Seasonal Recreational District, no structure or building shall exceed 2-1/2 stories or 30 feet in height except as provided in Section 10.75 . Subd. 11. Building Construction Standards, Within any "RS" Seasonal Recreational District , all new buildings or structures, and all additions, repairs, alterations or improvements to existing buildings or structures shall be built in strict conformance with the current edition of the State of Minnesota Uniform Building Code as adopted ancl from time-to-time amended by the City, and with the following regulations: A. Foundations Required. All new or remodeled seasonal dwellings or guest cabins, and all principal dwellings shall be placed on a permanent frost-depth, solid masonry or �reated wood foundation that completely encloses the entire perimeter of the building. B. Minimum Dwelling Area Required, All new or remodeled dwellings or habitable buildings shall meet or exceed the following minimum square footage of enclosed floor area on the main floor : 1. Tents , screenhouses or other permitted accessory structures: no minimum area required. 2. Seasonal dwellings or guest cabins : 400 square feet. 3. Principal dwellings : 800 square feet. C. Minimum Dwelling Width Required. All new or remodeled dwellings or habitable buildings shall be at least 20 feet in width at the narrowest dimension. ORONO CC 323 (4-1-84) � 12.01 3 . Chapter 1305 . 6905 - Special Fire Suppression Systems with Option of Group B-2 2000 or More Gross Square Feet. Subd. 2. Organization and Enforcement. The organization of the Building Department and enforcement of the Code shall be as established by Chapter 2 of the Uniform Building Code 1985 Edition. The Code shall be enforced with the corporate limits of the City and extraterritorial limits permitted by States Statutes 1984. A. The Building and Zoning Department shall be the Building Code Department of the City of Orono. B. The Administrative Authority shall be the State Certified Building Official. C. The appointing Authority shall designate the Building Official for the jurisdiction of Orono. Subd. 3 . A. Permits , Inspections and Fees. Permits , inspections and collection of fees shall be pravided in Chapter 3 of the Uniform Building Code 1985 Edition. B. Surcharge. In addition to the permit fee required by Item #l, the applicant shall pay a surcharge to be remitted to the Minnesota Department of Administration as prescribed by Minnesota Statutes 1984, Section 16B.70. Subd. 4. Violations and Penalties. Shall be in keeping with Minnesota Statutes 609.033 - 609.034 which provides for a maximum fine of $700.00. Source: Ordinance 87 , 2nd Series Adopted: 8-13-90 SEC. 12.02. CONSTRUCTION PERMITS REQDIRBD. I t i s un 1 awf u 1 for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or any part or portion thereof, including, but not limited to, the general construction, plumbing, water well, on-site sewage treat- ment system, wood stoves and fireplaces , ventilating, heating or air conditioning systems therein, or cause the same to be done, without first obtaining a separate building or general permit for each such building, structure or separate component thereof from the City; the issuance of a permit for any single component shall not imply authority for construction or inclusion of other components. The application for a permit shall include such infor- mation as may be required by the City which may vary between building components. The owner and/or occupant of any property, upon which any work has been done in violation of any Building Code or zoning requirement shall be responsible for obtaining a permit, and/or for correcting, removing or abating such violation within thirty days after notice from the City that such violation exists. ORONO CC 485-1 (4-1-84)