HomeMy WebLinkAbout1983-02-15 Ordinance 246CITE' of ORONO
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On the North Shore of Lake Minnetonka
ORDINANCE NO. 246 O
RS.SrASONAL 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 following
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 minths), 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 properly 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 GUEST 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 GONtiITIONAL 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 NO FEE REQUIRED if all necessary information
is submitted to the City Zoning Office BEFORE JULY 1. 1983. Applications received
after that date will loose any "grandfather" rights and will be subject to all fees
and other requirements of regular conditional use applications.
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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. Where 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 perish will be done by a formal "resolution" which will require your
signature before final approval by the City Council. This resolution will then be
recorded in the chain 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 "labusth at 473-7357.
CITY OF ORONO
ORDINANCE NO. 246
SUMMARY PUBLICATION
On December 30._1282 the Orono City Council by a
vote of 4 ayes and _ 0 nays adopted revised zoning
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 deemed 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 Orono City Clerk, 1335 South Brown
Road, and is available for inspection by any person during
normal office hours.
ORDINANCE NO. 246
AN ORDINANC: AMENDING THE MUNICIPAL CODE OF ORONO
BY CHANGING THE ZONING DISTRICT DESIGNATION AND
PERFORNWNCE STANDARDS APPLIED TO BIG ISLAND,
MAHPIYATA ISLAND AND DEERI`:G ISLAND.
SECTION 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 development in the RS Seasonal Recreational District:
34.361. The purpose of RS District i.4 to implement the
special c(,:nprehensive planning policies developed for P.g
Island, Mahpiyata Island and Deering Island. Provision 4f
normal municipal services to the islands is difficult, c�_.stly
or impossible. Therefore special regulations are necc:s:=ry
to insure public health and safety. These include limitations
on land use types and densities, and ,;pecial performance
.standards for fire protection, security, sanitation, and
on-site sewer and water syater^s.
34.362. Permitted land use types in the RS District are:
a) single family dwellings used seas -n-,11, for not more
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than 180 days in any one year; b) single family recreational
use of land without a dwelling; and c) publicly -owned and
operated day -use parks, nature areas or wildlife preserves.
34.363. Land use types allowed in the RS District by Conditional
Use Permit are: a) single family dwellings used For more than
180 days a year; b) private quest cabins in addition to the main
dwelling on any lot; c) day -use recreation areas owned by private
clubs, groups or assiciations; d) overnight camps; e) planned
residential 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 ?ermitted 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, fill or excavate such land; or to erect a dock or any
other physical improvement on such land. Licenses are not required
for adjacent property owners to control weeds or brush, sod, seed,
mow or otherwise maintain such land in a neat and presentable manner.
34.366. This section establishes a minimum dry -buildable lot area
of five acres for any new land divisions on the islands. It further
defines and identifies each existing record lot on the islands and
lists each record lot as: a) subdividable: b) buildable in confor-
mance with this ordinance; c) substandard in lot area but buildable
without need for further City Council review; or d) vacant property
that is unbuildable as it stands because of extremely small size.
All properties currently containing a cabin are listed as buildable.
Additional provisions regulate future subdivision of these record'
lots, and require formal combination of separate tax parcels prior
to issuance of any building permit, variance or conditional use permit.
34.367. This section continues the existing minimum lot width
requirement of 200 feet.
34.368. This section provides for minimum setbacks from lakeshore,
wetlands, property lines and between buildings.
34.369. This section continues the existing maximum hardcover
regulations within 1000 feet of the shoreline.
34.370. This section continues the existing maximum building
height regulations.
34.371. This section provides for minimum building construction
standards including foundations, minimum floor area requirements,
minimum roof requirements, minimum nlumbing requirements, special
security requirements and special fire protection requirements.
All dwellings are required to have an approved smoke detection
device installed within 2 years. All dwellings used for more than
180 days per year are required to have some form of manual or
automatic fire extinpuishin? equipment available within 5 years.
Pa¢e 3
All non-residential buildings which have an occupant lead of
50 Persons or more are required to have an approved automatic
fire sprinkler system. or equivalent, installed within 5 vears.
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 prohi')its 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-
forming to the use and performance standard requirements of
this ordinance, unless within 6 months of ordinance adoption
the landowner apples 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 -IA -1 Zoning_
District to the RS Zoning District, and includes the legal
descriptions of such kind.
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 surnary of the ordinance.
/s/ William B. VanNest, Mayor Attest: Alberta M. Strom, City Clerk