HomeMy WebLinkAbout1982-12-30 Ordinance 246 SummaryCITY OF ORONO
ORDINANCE NO. 246
SUWtARY PUBLICATION
On December 30. 1982 the Orono City Council by a
vote of —_ ayes and 0 rays 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 Fruth Brown
Road, and is available for inspection by any person during
nor:.ial office hours.
ORDINANCE NO. 246
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO
BY CHANGING THE ZONING DISTRICT DESIGNATION AND
PERFORMANCE STANDARDS APPLIED TO BIG ISLAND,
MAHPIYATA ISLAND AND DEERINC, ISLAND.
SECTION 1: This section of the ordinance amends the existing
Zoning Code of the City by deleting the LR -1A-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 purposo of RS District is to implement the
special comprehensive planning policies developed for Big
Island, Mahpiyata Island and Deering 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. These include limitations
on land use types and densities, and special performance
standards for fire protection, security, sanitation, and
on-site sewer and iter systems.
34.162. Permitted land use types in the RS District are:
a) single family dwell.irv-s used seasonally 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 narks, 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 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, 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 d,,isicns 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 maximam building
height regulations.
34.371. This section provides for minimum building construction
standards including foundations, minimus floor area requirements,
minimum roof requirements, minimum plumbing requirements, special
security requirements and special fire protection requirements.
All dwellings are required to have an annroved 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 extinpuishinP equipment available within 5 years.
PaPv 3
All non-residential buildings which have an occupant load of
50 persons or more are required to have an approved automatic
fire sprinkler system, or equiv.ilent, installed within 5 vears.
At least one fire exting.iisher 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 pronerties.
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 crust be :Wade fully con-
forming to the use and performance standard requirements of
this ordinance, unless within 6 months of ordinance adoption
the landowner apolvs 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 th-it 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 -1A-1 Zoning
District to the RS Zoninr, District, and includes the legal
descriptions of such land.
• SECTION 4: This section of the ordinance reveals 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