HomeMy WebLinkAboutInfo on rebuilding/building Project Project No Page
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.� ; ' .�, , Street Address: Mailing Address:
���\kEggO�'%��'� 2150 Kelley Parkway P.O. Box 66
''_--���� Orono, MN 55356 Crystal Bay, MN 55323-0066
December 23, 2009
Chris Deggendorf
3615 — 143�d Avenue NW
Andover MN 55304
Re: 750 Big Island—New Replacement Cabin
Dear Ms. Deggendorf:
The regulations for building on Big Island are a bit complex and simply giving you a copy of the
regulations would make them seem even more complex. But we sometimes find when we summarize
the regulations we either forget something or cause a misunderstanding about what is regulated. So I
am sending you a copy of the main regulations but I have highlighted the most applicable sections.
There are additional regulations but these are the ones that would most impact the new cabin.
We do not have any sort of survey or drawing of the property in our files. According to the original
plat of the property the lot is 50 feet wide and 197 to 198 feet deep. But this was in 1887. The width
is probably correct but the depth may be less or more, depending upon both the accuracy of the
original surveyor and changes in the land and the lake.
To build a new cabin the property would need to accommodate a septic system. We usually tell people
to start with determining this as if there are no drain field sites there is no need to continue the process.
In your situation you may need to have a surveyor determine the property boundaries first before you
have a septic system designer out to the property.
If you have any questions feel free to contact me.
Sincerely, /
._ !.-
_ ,.,.
c,, ✓'
Evelyn Turner
City Planner
952-249-4623
eturner@ci.orono.mn.us
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
§ 7$-539 ORONO CITY CODE
andscaping is maintained in an attrac ' and Sec. 78-562. Future amendments.
11-kept condition.All vacant lots, t s or par- �e RS district regulations represent an inno-
cels all also be properly mai ned.
(Code 1 10.30(16j( vative attempt to solve the unique problems re-
lating to historic use and previously platted sub-
standard lots on the islands while at the same
Secs. - 40-78-560. Reserve . time assuring the property owners of continued
reasonable use of their property. It may be found
by subsequent city councils that this division was
DIVISION 9. RS SEASONAL RECREATIONAL not restrictive enough to protect the health,safety
DISTRICT* and welfare of the citizens and that new develop-
ment potential granted to property owners by this
division may have to be modified. Therefore, no
Sec. 78-561. Purpose. new development rights granted by this division
The RS seasonal recreational district is in- shall be deemed to be vested property rights but
tended to provide a district which will allow a shall remain subject to future modification by the
city.
low-density seasonal form of residential develop- (Code 1984, § 10.31(19))
ment or recreational activity on the three Lake
Minnetonka islands within the city. Big Island, Sec. 78-563. Nonconformities.
Mahpiyata Island and Deering Island are totally
surrounded by water. Special problems e�rist be- (a) Nonconforming uses.
cause of their isolated location and because there
is no direct access by land or bridge. 1�ansporta- �1) No new use of land or structures shall be
tion is difficult, dangerous and slow, especially in permitted in the RS district except in
fall or spring when the ice is forming or melting. compliance with this division.All e�sting
uses of land or structures which may be
Engineering, financial, administrative and prac- made nonconforming by adoption of the
tical difficulties prevent servicing the islands with ordinance from which this division is de-
sewer or water utilities, garbage collection, or rived shall be discontinued and/or made
complete police, fire, medical emergency or other to be in full compliance with all use and
municipal services. The islands have historically performance standard requirements of this
been used for summer cabins, camping spots,
division within a period of seven years
temporary boat landings and a disabled veterans' from the date of adoption, not to extend
summer camp. As long as this usage remains later than January l, 1990.
minimal, public health and safety is reasonably
maintained. But development forecasts indicate (2) Upon notice of record lot classification
increasing pressures for more intensive usage pursuant to section 78-568(1) and within
that could easily exceed the city's public service six months of January 13, 1983,any record
capabilities. For these reasons, the city's compre- lot owner may apply to the council with no
hensive plans have long-established policies en- application fee required for a variance to
couraging eventual public ownership of the is- this section to allow a continued noncon-
lands as recreational resources for general lake forming use, subject to reasonable stan-
users. In addition,limited private seasonal recre- dards and timetables, established by the
ational use would be allowed to continue indefi- council for compliance with on-site sew-
nitely, subject to strict conformance with special age treatment, private security, private
health and safety standards. The RS district is fire protection and other performance stan-
established to implement these special planning dard requirements established by this di-
policies. vision. The applicant shall demonstrate
(Code 1984, § 10.31(1)) and the council shall find that the use is
and was legally existing as of November
*Cross reference—Parks and recreation, ch. 22. 9, 1981, the effective date of moratorium
CD78:90
ZONING REGULATIONS § 78-539
spaces per dwelling unit, one of which is an Sec. 78-538. Outside storage.
enclosed parking space which may be located in or
under the multiple-dwelling building; detached No boats, recreational vehicles over 20 feet in
from the principal building if its location serves length, maintenance vehicles or other similar
some beneficial screening, buffering or transi- bulky objects shall be permitted on t e project
tional function; or else completely underground. area unless completely enclosed in a uilding or
In addition, 0.25 parking space per dwelling unit in an area completely enclosed by a ence of such
shall be provided for guests, and shall be located opacity and height to obscure the tored contents
conveniently for the units they are intended to from any living or pedestrian as on or around
serve. The main parking areas shall be surfaced the project area. Required rages or parking
with a hard, all-weather, durable dustfree surfac- areas shall not be used for he storage of such
ing material and shall be properly drained and objects or vehicles.
landscaped and shall be maintained in a well- (Code 1984, § 10.30(16)( j)
kept condition. No parking area shall occupy any
required project yard area, nor shall it be located Sec. 78-539. Lan caping.
closer than five feet to a side or rear lot line, nor
closer than ten feet to any principal building. All open ar�of the project or individual
Each parking space shall have a minimum width platted lots w' in the project shall be graded to
of nine feet and a minimum depth of 200 feet provide pro er drainage and, except for areas
exclusive of aisles and maneuvering space. All used for p rking, drives or storage, shall be land-
parking areas containing more than si�c spaces scaped th trees,shrubs or planted ground cover.
which adjoin either a public street or residentially The tural landscape shall be utilized where
zoned property shall have a solid wall or fence of pos ' le and reinforced with additional landscap-
not less than three feet nor more than 4.5 feet in i that is compatible with and complementary to
height along such adjoining line. Such fences or e various use areas and functions of the site,the
walls shall be so designed that they are architec- structural additions to the site development on
turally harmonious with the principal structures neighboring properties and the adjacent public
on the lot. A screen planting approved by t e streets and highways. Landscape materials shall
council may be substituted for the required all be of adequate size to contribute to the environ-
or fence. Guest parking stalls shall be easily mental quality at initial planting as well as at
accessible to or from the main entry of the ultiple- maturity. Generally new plant material shall be
dwelling building. No street parki shall be of the following sizes:
permitted.
(Code 1984, § 10.30(16)(L)) (1) Deciduous overstory trees,three-inch cal-
iper;
Sec. 78-537. Internal str ts. (2) Deciduous ornamental trees,two-inch cal-
iper;
All minor internal s eets shall be owned and
maintained by the ner of the project, by a �3) Evergreen trees, six-foot height;
homeowners' assoc' tion or by any other agency
or method dee d appropriate by the council. �4) Evergreen shrubs,24-inch spread or height,
Permanent ea ments 50 feet in width shall be dependent on form;
provided as r quired by the council for all private (5) Deciduous shrubs, three feet in height.
streets. Co ector streets which may be required
to main in neighborhood continuity of circula- Lawn areas other than natural landscape areas
tion b een multiple-family planned residential shall be sodded. Such landscaping shall conform
(MF ) projects or with other adjoining develop- with the planting plan approved by the council at
ment shall be provided with a public right-of-way. the time the building permit was issued. It shall
(Code 1984, § 10.30(16)(M)) be the owners' responsibility to see that this
CD78:89
' ZONING REGiILATIONS §78-564
Ordinance No. 238. Failure to apply for (3) The addition within the required setback
such a variance within the time allowed area contains not more than 200 square
shall be prima facie evidence that such a feet, or 50 percent of the total e�sting
nonconforming use was either illegal or building area, whichever is less.
did not lawfully exist on that date. (4) There shall be no setback egceptions per-
mitted for addition to or enlargement of
(b) Nonconforming substandard properties. Re- any accessory building or structure.
strictions applying to nonconforming uses shall
not apply to record lots which aze substandard in (5) There shall be no setback exceptions per-
lot area or lot width but which are being used in ��ed that reduce any required setback
conformance with this division: to less than ten feet.
(6) There shall be no setback exceptions per-
(1) Record lots which are less than 2.0 acres mitted for any horizontal building addi-
in dry-buildable lot area and/or less than tion or hard cover increase of any kind
200 feet in lot width became substandard within 75 feet of the shoreline or within a
lots on January 1, 1975,the effective date required wetland buffer or buffer setback.
of Ordinance No. 172.
(7) There shall be no setback exceptions per-
(2) Record lots, which are greater than 2.0 mitted without a council-approved vari-
acres in dry-buildable lot area, but are ance in cases where any existing building
less than 5.0 acres in dry-buildable lot is being replaced by a new building, or
area, became substandard lots on Janu- where the proposed addition, remodeling
ary 13, 1983. and/or renovation work constitutes 50 per- �
cent or more of the assessor's fair market �
(3) Substandard record lots may be used or value for the existing building. In these S
developed pursuant to section 78-568(6) situations, the new work shall conform to s
and (7). all required setbacks. �
(8) The exceptions authorized by this section
(c) Nonconforming subst¢ndard buildings or apply only to setback requirements and
structures. Restrictions applying to nonconform- do not authorize variance of any lot area u
ing uses shall not apply to existing buildings or ' �J
hard cover, building height, building area F
structures which do not conform to location,height or any other zoning or building code per- b
or hard cover limitations, but which are being formance standard. s
used in conformance with this division. Existing (Code 1984, § 10.31(16}—(18); Ord. No. 28 3rd �
buildings not conforming to the required mini- series, § 12, 8-22-2005)
mum setbacks may continue to be used, repaired
or maintained within the existing building enve- Sec. 78-564. Permitted uses. �
lope. These buildings may be enlarged vertically C
or horizontally within the required yard area Within any RS seasonal recreational district, a
without requiring a council-approved setback vari- no land or structures shall be used except for any :+
ance, provided: one of the following uses: �
v
(1) One-family detached dwellings used for
(1) The addition conforms to all required set- seasonal recreational use not to exceed d
backs, even if parts of the existing build- 180 days in any one year, 3
ing do not. � , �
(2) The addition e�rtends an existing building �'�"�o���S•
line by not more than 20 feet and does not (2) One-family, seasonal recreational use of
further encroach or reduce any required land without structures, or with accessory
setback dimension less than already ex- structures only, such as tent camping or
ists. day use only.Accessory structures permit-
Supp. No.3 CD78:91
§ 78-564 ORONO CITY CODE
ted on land without a principal structure and that e�ra private precautions are
shall be limited to one or more of the taken for fire protection and security of
following: persons and property, as follows:
a. Docks conforming to city and LMCD a. The minimum dry buildable record
code requirements. lot area required for approval of a
principal dwelling conditional use per-
b. Not more than one storage building mit without a variance shall be 5.0
not to exceed 120 square feet in area. acres.Approval of a principal dwell-
c. Fire rings or barbeque pits. ing conditional use permit on an
e�sting record lot of less than 5.0
d. Open deck or screen house not to acres shall be subject to strict show-
exceed 300 square feet in area. ing of compliance with health and
sanitation performance standards.
e. Not more than one toilet building or
outhouse, which must conform in b. An on-site sewage treatment system
location and design to the require- shall be provided in conformance with
ments of section 78-574. the requirements of section 78-574.
f. Tents or similar temporary struc- c. A domestic water well shall be pro-
tures to be in place not to exceed 180 Vided which conforms to current state
health department regulations for
days in any one year. depth,for setback from lake,wetland
(3) Publicly owned and operated parks, na- and sewage treatment system com-
ture areas or wildlife preserves, for day ponents, and which is capable of
use only, when operated by the city, the supplying domestic fire protection.
Hennepin Park Reserve District or by the d. The dwelling shall be built or rebuilt
state department of natural resources.All to conform to current state building
dockage or structures shall remain sub- code requirements, including provi-
ject to council review and approval. sion for a permanent foundation, a
(Code 1984, § 10.31(2)) heating system and insulation con-
forming to energy code standards.
Sec. 78-565. Conditional uses. e. The dwelling shall be equipped with
approved smoke detection devices,
Within any RS seasonal recreational district, and with some form of manual or
no land or structures shall be used for the follow- automatic fire extinguishing equip-
ing uses except by conditional use permit: ment.
(1) Princip¢l dwellings. One-family detached £ The dwelling shall be provided with
dwellings used or occupied for 181 days or telephone service.
more in any one year, or any dwelling g. The lot or parcel shall be located
regardless of the duration of use for which directly on the shoreline or other
the owner wishes to claim a principal access shall be available via a pri-
residence homestead taY credit. A condi- vately improved and maintained ac-
tional use permit may be issued for such cess to the shoreline.
nonseasonal dwelling use, provided the
applicant demonstrates and the council h. All property in common ownership
finds that the property is large enough to shall be combined into ane tax parcel
be permanently self-supporting in terms if contiguous; or if separated by pub-
of water supply and sewage treatment, lic rights-of-way, a special lot combi-
Supp. No. 3 CD78:92
. ZONING REGULATIONS § 78-565
nation form shall be executed and e. All property in common ownership
filed in the chain of title of each shall be combined into one tax par-
separate parcel. cel, if contiguous; or, if separated by
public rights-of-way,a special lot com-
(2) Guest c¢bins. Accessory separate dwell- bination form shall be executed and
ings or sleeping quarters containing in- filed in the chain of title of each
door toilet and/or kitchen facilities located separate parcel.
on the same lot, parcel or property as a
permitted seasonal dwelling or as a con- f. Not more than one private guest
ditionally permitted principal dwelling.A cabin constructed without indoor
conditional use permit may be issued for plumbing, toilets or kitchen facili-
one or more private guest cabins, pro- ties, and used only for additional
vided the applicant demonstrates and the slee �.n uarters shall be
council finds that the additional livin or P g q � permit-
g ted on any property as an accessory
sleeping facilities will not contribute to use without requiring a conditional
overcrowding or overuse of a small prop- use permit, provided the accessory
erty or will not adversely affect neighbor- cabin does not exceed 600 square
ing properties, and that extra private pre- feet in floor area and provided all
cautions are taken for fire protection and accessory building performance stan-
security of persons and property, as fol- dards are met. Use of more than one
lows: accessory building for additional
a. Private guest cabins shall be used sleeping quarters, or use of an acces-
solely by the occupants of the sea- sory building in excess of 600 square
sonal or principal dwelling, includ- feet in floor area, shall require issu-
ing their domestic employees, care- ance of a conditional use permit and
takers or nonpaying guests. Private compliance with the provisions of
guest cabins shall not be rented or subsection (2) of this section.
leased for compensation. (3) Ddy-use recreation ¢reas. Land or struc-
b. The minimum dry buildable record tures owned or used by any private club,
lot area required for approval of a association or group of unrelated individ-
private guest cabin conditional use uals as a regular meeting place for group
permit without a variance shall be activities, including without limitation
5.0 acres.Approval of a private guest boating activities, swimming,fishing, pic-
cabin conditional use permit on an nicking, athletic fields, nature trails and
e�usting record lot of less than 5.0 other day use. Overnight camping shall
acres shall be subject to strict show- be permitted only on an occasional and
ing of compliance with health and incidental basis. This category includes
sanitation performance standards. day use scout, church, YMCA or YWCA
camps, private nonprofit parks and boat-
c. The guest cabins and the seasonal or ina groups, clubs or associations. This
principal dwelling shall all be con- cate o does not include
nected to on-site sewage treatment g �' public day-use
systems in conformance with the re- P�'ks. A conditional use permit may be
quirements of section 78-574. issued for a day-use recreation area, pro-
vided the applicant demonstrates and the
d. The guest cabins and the seasonal or council finds that the property is large
principal dwelling shall all be enough to support the proposed use with-
equipped with approved smoke de- out adverse effect upon the lake,upon the
tection devices and with some form land or wetlands, upon neighboring or
of manual or automatic fire extin- nearby properties, and that extra private
guishing equipment. precautions are taken for fire protection
Supp. No. 3 CD78:93
§78-565 ORONO CITY CODE
and for security of persons and property cel,if contiguous; or, if separated by
commensurate with the number of users public rights-of-way,a special lot com-
expected on the property, as follows: bination form shall be executed and
a. The minimum dry-buildable record filed in the chain of title of each
lot area required for approval of a separate parcel.
day-use recreation area conditional (4) Ouernight camps.Land or structures owned
use permit without a variance shall or used by any public agency, unit of
be 5.0 acres. If the number of ex- government or any private club, associa-
pected users at any one time exceeds tion or group for overnight or extended
100, the minimum lot area required camping by families or individuals,includ-
shall be increased to maintain a ra- ing related activities, such as boating,
tio of at least 1.0 acre per 20 users. swimming, fishing, picnicking, athletic
b. The minimum lot width at the shore- fields or nature trails. This category in-
line shall be 200 feet. cludes overnight scout, church, YMCA or
c. The club, association or group shall �CA, Park Reserve and Veterans'Asso-
each year obtain a joint-use dock ciation camps. A conditional use permit
license from the city and from the may be issued for an overnight camp,
Lake Minnetonka Conservation Dis- provided the applicant demonstrates and
trict, and shall at all times abide by the council finds that the property is large
all its terms. The number of licensed enough to support the proposed use with-
boat slips shall not exceed one slip out adverse effect upon the lake, upon the
per 50 feet of shoreline. land or upon neighboring properties, and
that extra private precautions are taken
d. Any swimming area shall be suit- for fire protection and for security of per-
ably marked off and separated from sons and property commensurate with
boat tra�c areas, and safety equip- the number of users expected on the prop-
ment or supervisors shall be pro- erty, as follows:
vided as may be required by the
council. a. The minimum dry-buildable record
lot area required for approval of an
e. On-site sewage treatment shall be overnight camp conditional use per-
provided in conformance with the mit shall be 5.0 acres. If the number
requirements of section 78-574. of dwelling units exceeds five, the
f. All new buildings or structures on minimum lot area required shall be
the property, except accessory struc- increased to maintain a ratio of at
tures 120 square feet in floor area or least 1.0 acre per dwelling unit. For
smaller, shall be approved by the purposes of this section, one dwell-
council as to size, location and pro- ing unit shall mean up to two devel-
posed use prior to issuance of any oped camping spots for tent camping
building permits. or each separate cabin or structure
g. The property shall be provided with used for sleeping purposes, whether
telephone service for emergency use. or not such cabin or structure in-
cludes separate toilet or kitchen fa-
h. The lot or parcel shall be located cilities.
directly on the shoreline, or other
access shall be available via a pri- b. The minimum lot width at the shore-
vately improved and maintained ac- line shall be 200 feet.
cess to the shoreline. c. Any common kitchen, dining room or
i. All property in common ownership eating facility shall conform to the
shall be combined into one tax par- requirements of county environmen-
Supp. No. 3 CD78:94
� ZONING REGULATIONS §78-566
tal sanitation food protection ordi- k. An emergency preparedness plan
nances, including all applicable li- shall be required to address fire pro-
censes and inspections. tection, medical emergency and po-
d. Tl�e camp operator shall each year lice public safety services for all times
obtain a joint-use dock license from the camp is occupied.
the city and from the Lake Min- 1. All property in common ownership
netonka Conservation District, and shall be combined into one tas par-
shall at all times abide by all of its cel, if contiguous; or, if separated by
terms. The number of licensed boat public rights-of-way,a special lot com-
slips shall not exceed one slip per 50 bination form shall be egecuted and
feet of shoreline. filed in the chain of title of each
e. Any swimming areas shall be suit- separate parcel.
ably marked off and separated from (5) PRD subdiuisions. Planned residential de-
boat traffic areas, and safety equip- velopment subdivisions limited to de-
ment or supervision shall be pro- tached one-fa.mily seasonal dwellings only,
vided as may be required by the subject to the minimum 5.0 dry-buildable
council. acres per dwelling unit net density other-
f. Toilet and sanitation facilities, in- �se required in the RS district, and sub-
• cluding on-site sewage treatment sys- ject to the limitations of division 10 of this
tems, shall be provided in conform- �'ticle.The minimum total land area for a
ance with state health department PRD subdivision shall be 20.0 acres.
regulations and the requirements of (6) The keeping of domestic animals for non-
section 78-574. commercial purposes,including horses for
g. All new buildings or structures on the use of the occupants of the premises.A
the property, except accessory struc- ��mum of one acre in agb egate, exclu-
tures 120 square feet in floor area or sive of one acre for the principal building,
smaller, shall be approved by the must be available for each animal unit,
council as to size, location and pro- except as set forth in this subsection. A
posed use prior to issuance of any ��mum of two acres of open pasture
building permits. must be available for a single horse, and
one additional acre must be available for
h. The property shall be provided with each additional horse. When the horses
telephone service for emergency use. are kept stabled and do not require pas-
i. All cabins or other structures used ture for feed purposes, the minimum pas-
for sleeping purposes shall be ture requirement may be adjusted at the
equipped with approved smoke de- discretion of the council. Such minimum
tection devices and with some form pasture acreage shall not include wetlands
of manual or automatic fire extin- as defined in section 78-1602.Any person
guishing equipment. keeping such animals must comply with
the provisions of this Code.
j. All assembly buildings having an (Code 1984, §§ 10.20(3), 10.31(3); Ord. No. 28 3rd
occupancy load of 50 persons or more series, § 13, 8-22-2005)
shall be equipped with fire extin-
guishing equipment consisting of Sec. 78-566. Accessory uses.
hand-held fire extinguishers and ei-
ther an automatic fire sprinkler sys- Within any R,S seasonal recreational district,
tem or other means of fire suppres- no accessory structure or use of land shall be
sion equipment as may be approved permitted unless a permitted or conditional use is
by the council. first established on such land, except as allowed
Supp.No.3 CD78:95
§78-566 ORONO CITY CODE
in section 78-564(2). Once a permitted or condi- (9) Lake water pumphouses which, may be
tional use exists on any lot or parcel,no accessory within 75 feet of the shoreline if limited to
structure or use of land shall be permitted except 20 square feet or less in area and five feet
for one or more of the following uses: or less in height, and subject to all appli-
(1) Docks conforming to city and Lake Min-
cable permits for such use.
netonka Conservation District regula- (10) Fire rings or barbeque pits.
tions, not to exceed one slip per 50 feet of (11) Gardens,gardening or other horticultural
shoreline width, or a maximum of four uses including apiaries and decorative
slips per property, whichever is less. An landsca in
annual joint-use dock license shall be re- p g�
quired for any nonresidential dock and/or (12) Fences, not to exceed 42 inches in height,
for any property having more than four and no part of which may be located
slips. within 75 feet of the shoreline.
(2) Not more than two accessory buildings (13) Retaining walls, not to exceed 42 inches
used for storage,service or other nonhabit- in height, and no part of which may be
able purpose. No such individual building located within 75 feet of the shoreline.
shall exceed 1,000 square feet in floor (14) Home occupations, as defined in this chap-
area, and the sum of any two buildings on ter. All home occupations shall comply
any record lot shall not exceed 1,500 square with the provisions of section 78-1376,
feet in floor area without a conditional use and the licensing provisions of section
permit.Accessory buildings used as barns 26-76, when applicable.
or stables shall be subject to this area (15) New boathouses within 75 feet of the
restriction and to a conditional use permit shoreline are specifically prohibited.
pursuant to section 78-565(6),including a (Code 1984, §§ 10.20(4), 10.31(4); Ord. No. 221
150-foot setback from all property lines. 2nd series, § 3, 9-23-2002)
(3) Not more than one accessory private guest .
cabin not to exceed 600 square feet in Sec. 78-567. Permit for private improve-
floor area pursuant to section 78-565(2)f. ments within public rights-of-
(4) Open decks, patios, screenhouses or pri- way.
vate greenhouses. It is unlawful for any person to alter, improve
or use for private purposes in any RS district any
(5) Private swimming pools, tennis courts, platted public right-of-way, any platted public
paddocks or athletic fields or equipment. park, or any other property owned by the city
(6) Not more than two toilet buildings or �thout first obtaining a permit from the council,
outhouses, which shall conform in loca- as follows:
tion and design to the requirements of (1) Inl¢nd property access. Persons desiring
section 78-574. access to property located inland and not
(7) Tents or other temporary structures to be abutting the shoreline may apply for a
in place not more than 180 days in any permit to privately use and/or unprove
one year. platted public right-of-way for such pur-
pose. The permit applicant shall demon-
(8) Open wood or gravel-filled steps, stair- strate and the council shall find that
ways or walkways on lakeshore hills or there is no reasonable alternative access
embankments, limited to not more than available, and that the proposed unprove-
four feet wide at any point within 75 feet ments and/or type of use would not unrea-
of the shoreline. Concrete or other solid sonably affect other properties abutting
materials shall constitute hard cover and the right-of-way. The council may ap-
are prohibited. prove, deny or place restrictions on any
Supp.No. 3 CD78:96
� ZONING REGULATIONS §78-567
such permit based upon public health, regulations. The council may establish
safety and welfare considerations, includ- reasonable standards or requirements in
ing without limitation the configuration approving any such dock permit.
of adjoining record lots,the location,width,
topography, drainage and vegetation on (4) Encroccchments prohibited.No private prop-
the right-of-way and the number of exist- erty, buildings, structures, fences, boats,
ing or future property owners who may vehicles, dock parts,junk or debris shall
require access at the same location. Any be built, stored, parked or kept at any
land alterations or improvements ap- time within any platted public right-of-
proved shall be the minunum amount �'ay,within any platted public park, or on
necessary to provide reasonable inland any other property owned by the city
access.
except as specifically authorized by a per-
mit issued under this section.
(2) Land ¢lterations. Grading or physical al- ��� permit exceptions. No permit shall be re-
teration of any platte�public right-of-way q�red for any person to walk on or over
for any purpose, including inland prop- an latted
ert access is Y P public right-of-way or any
y , prohibited except when platted public park when such use is
such work has been specifically autho- made without altering the natural state
rized as part of a permit issued by the of the land. No permit shall be required
council. The permit applicant shall pro- for any person whose property abuts a
vide a detailed land survey of the right- platted public right-of-way or a platted
of-way and appropriate engineering draw- public park to control weeds or brush,
ings sufficient to identify the full extent of seed, sod, mow or otherwise maintain the
all proposed work. Permit approval shall right-of-way or park in a neat and pre-
be subject to obtaining a grading permit sentable manner. Persons whose record
from city staff; and land alterations in- lot established by section 78-568 consists
volving filling and grading shall be per- of tax parcels divided by platted, un-
formed with only clean fill, and all other opened public right-of-way may incorpo-
permits as may be required by other agen- rate and use such right-of-way as part of
cies having jurisdiction. Public rights-of- their yard without a permit, provided no
way so improved shall be maintained by Permanent structures are erected or main-
the licensee. tained within the right-of-way.
(3) Dockage on right-of-w¢y. Installing,main- �6) Public use limited. Any permit issued
taining, keeping or using a private dock under this section shall be deemed to
on any platted public right-of-way for any open the platted public right-of-way only
u ose includin inland to the extent necessary as established in
p rp , g property ac- the permit, and for the limited use of the
cess, is prohibited except when such dock permittee and his invitees.
has been specifically authorized as part of
a permit issued by the council. Not more (7) Permit limitations. A permit issued under
than one seasonal dock will be approved this section shall not grant or vest any
for access to any one property. In review property rights to use of the public right-
and approval or denial of such permit, the of-way or other public property, or in any
council shall consider the width and to- improvements. Permits issued under this
pography of the right-of-way, the number section shall be valid for one year, shall be
of property owners requesting dockage at subject to change, alteration or revocation
that location, the plan of the proposed for cause by the council at any time, and
dock, and conformance with city and Lake shall be automatically renewable on the
Minnetonka Conservation District dock anniversary of the date of issuance except
Supp. No. 3 CD78:97
§ 78-567 ORONO CIfiY CODE
upon written notice from the city to the person or persons as of November 9, 1981,
permittee at least 30 days prior to the or at any time such common ownership
anniversary date. may occur thereafter, including one or
more separately platted lots or unplatted
(8) Hold harmless. As a condition of issuance parcels of land, and/or one or more sepa-
of any permit,the applicant shall in writ- rately identified tax parcels. Because of
ing release, indemnify and hold harmless the unique circumstances and actual use
the city from any and all claims or causes patterns existing on the islands, also in-
of action arising out of the use or alter- cluded within the definition of a "record
ation of the platted right-of-way by appli- lot" is commonly owned land that is con-
cant or his invitees. tiguous except for being separated only by
(9) Permit hedring and notice. The planning platted unopened public right-of-way.Each
commission or the council shall hold a record lot shall be considered in its en-
public hearing or hearings on each appli- tirety to be one lot for zoning purposes.
cation for a permit. Notice of the public a. The effective date for determination
hearing shall be given not less than ten of common ownership is November
days nor more than 30 days prior to the g, 1981, the date of adoption of Or-
date of the hearing by publication in the dinance No. 235, establishing a mor-
legal newspaper for the city. Such notice atorium on development, including
shall contain the description of the land land subdivision, on the Lake Min-
and the proposed use. At least ten days netonka Islands. Common owner-
before the hearing, the city clerk shall ship as of that date has been and
mail an identical notice to the applicant shall be determined by the deeds of
and to each of the property owners within record at the county recorder's office.
350 feet of the outside boundaries of the This definition shall not preclude
land in question. Failure of the property the city from recognizing or enforc-
owners to receive notice shall not invali- ing the common ownership/lot of
date the proceedings. At the public hear- record provisions of Ordinance No.
ing, the planning commission or the coun- 172, or any other similar prior ordi-
cil shall review the application and the nance.
statements and drawings submitted with
the application and shall receive perti- b. The council has identified and estab-
nent evidence concerning the proposed lishes 69 record lots on Big Island,
use and the proposed conditions under Mahpiyata Island and Deering Is-
which it would be operated or maintained. land as listed by record lot number
(Code 1984, § 10.31(5)) in the left-hand column of subsec-
tions (4), (5), (6) and (7) of this sec-
tion. Each such record lot sha11 in-
Sec. 78-568. Lot area requirements. clude all land identified by all ta�
Within any RS seasonal recreational district, parcel property identification num-
no new lot or parcel shall be created less than 5.0 bers (PIDs) grouped together follow-
acres in dry-buildable lot area exclusive of any ing the record lot number.
wetlands. Within any RS seasonal recreational c. Within 60 days after January 13,
district, the following provisions shall govern the 1983, the owner of each record lot
buildability, use and/or subdivision of each exist- shall be notified in writing at his last
ing record lot: recorded address of the classification
(1) Record lot definition. For purposes of the of each record lot, including all tax
�� parcels determined to be included in
RS seasonal recreational district,a record
lot" shall mean all the contiguous or abut- such record lot. All e�usting uses in
ting land owned in common by the same the RS district are identified in the
Supp. No. 3 CD78:98
• ZONING REGULATIONS § 78-568
record lot inventory, subsections (4), use permit shall be issued for any purpose
(5), (6) and (7) of this section, and all on any record lot composed of two or more
such uses have been deemed to be tax parcels unless the owner of such record
seasonal in nature. The notice shall lot shall apply for a formal combination of
provide that in order to receive the all commonly owned property into one
benefits of the automatic lot area parcel. If contiguous, all property shall be
variances granted by subsections (6) combined into one tax parcel. If separated
and (8) of this section, the owner by public right-of-way, a special lot com-
shall on a form provided by the city bination form shall be executed and filed
acknowledge the record lot and shall in the chain of title of each separate
apply for combination of all separate parcel.
tax parcels pursuant to subsection
(2) of this section. Any record lot (3) Subdivision of record lots. All record lots
owner may appeal the record lot established in this section shall be contin-
classification or use determination ued in common ownership and shall not
to the council with no application fee be subdivided, sold in parts, reduced in
required within six months of the area, leased or otherwise separated with-
effective date of this division. The out application for and council approval of
record lot inventory shall be consid- a subdivision in accordance with chapter
ered accurate and final for all prop- g2. Such subdivisions will normally be
erties except those found on appeal approved and additional new record lots
to have a demonstrable cause for created only if all resulting lots are each
change or adjustment. 5.0 acres of dry-buildable lot area or more.
d. Notice of record lot establishment No e�sting record lot shall be divided or
shall be filed by the city in the chain reduced in area to less than 5.0 acres of
of title of each property. dry-buildable lot area, except as follows:
e. Future changes in tax parcel prop-
erty identification numbers caused a. Lot line rearrangements between
by combination of parcels for taY abutting properties that do not cre-
purposes or for any other reason ate an additional building site will
shall not alter the establishment of normally be approved.
record lots. New record lots shall be b. Separation of platted lots divided by
created only by council approved sub- public rights-of-way may be approved
divisions pursuant to subsection (3) provided the separated lot is com-
of this section, or by combination of bined with other abutting property
two or more complete record lots. to enlarge the property without nec-
(2) Tdx p¢rcel combination required. No new essarily creating an additional sub-
building permit, variance or conditional standard building site.
(4) Subdiuidable record lot inuentory. The following record lots are 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 section, subject to subdivision application and approval
pursuant to subsection (3) of this section and to chapter 82. Record lots are identified by record
lot number, and each includes all property identified thereafter by the listed tax parcel property
identification numbers:
CD78:99
§ 78-568 ORONO CITY CODE '
Combined
Record T¢x P¢rcels in Dry
Lot No. Loc¢tion Common Ownership 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 0014
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
(5) Conforming record lot inventory. The following record lots are 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 section,
and may be used for any one-family permitted or conditional use in the RS district, subject to all
performance standards and approvals required, including tax parcel combination pursuant to
subsection (2) of this section. Record lots are identified by record lot number, and each includes
all property identified thereafter by the listed taY parcel property identification numbers. "SD"
means permitted seasonal dwelling; "SR" means permitted seasonal recreational use without
structures; "CUP" means conditional use permit:
Conzbined
Record T¢x P¢rcels in Dry Existing
Lot No. Loc¢tion Cornmon Ownership Acreage Use
1) Big Island 14-117-23 34 0001 CUP
23-117-23 21 0001 Overnight
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
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 15-117-23 31 0001 6.5 SD
(6) Substandard buildable record lot inuentory. The following record lots are 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 section. However,
based upon individual lot surveys and existing lot development patterns,the record lots listed are
granted lot 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
CD78:100
• ZONING REGULATIONS §78-568
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, hard cover, on-site sewage treatment and other performance standards for
development in the RS district, including ta�c parcel combination pursuant to subsection (2) of
this section. Record lots are identified by record lot number, and each includes all property
identified thereafter by the listed t� parcel property identification numbers. "SD" means
permitted seasonal dwelling; "SR" means permitted seasonal recreational use without struc-
tures; "CUP" means conditional use permit:
Combined
Record Tax P¢rcels in Dry Existing
Lot No. Loc¢tion Common Ownership Acreage 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 Island 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
14) Big Island 22-117-23 42 0001 2.7 SR
15) Big Island 23-117-23 32 0028
0029
0046
0047
0048
0049 2.5 SD
16) Big Island 23-117-23 32 0001
0002
0013
0014
0015
0044 2.2 SD
17) Big Island 23-117-23 32 0030
0031
0032
0033
0041 2.0 SD
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 23-117-23 41 0001
CD78:101
§ 78-568 ORONO CITY CODE �
Combin,ed
Record Tax Parcels in Dry Existing
Lot No. Loc¢tion Commorz Ownership Acre¢ge Use
23-117-23 32 0013
0014
0015
0019 1.3 SD
23) Big Island 23-117-23 22 0008
0016 12 SD
24) Big Isiand 23-117-23 32 0043
0044
0050 1.1 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 O.S6 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
37) Big Island 23-117-23 23 0015
0016 0.65 SR
38) Big Island 23-11i-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
CD78:102
§78-568 ORONO CPPY CODE
Combined
Record Tax P¢rcels in Dry Existing
Lot No. Location Common Ownership Acreage Use
63) Big Island 23-117-23 23 0003
0004 0.35 SR
64) Big Island 23-117-23 22 0010
0011 0.34 CUP-Pazk
65) Big Island 23-117-23 32 0016
0017 026 SR
66) Big Island 22-117-23 24 0004 025 SR
67) Big Island 23-117-23 32 �020 0.21 SR
68) Big Island 22-117-23 32 0018 0.18 SR
69) Big Island 22-117-23 31 0020 0.18 SR
(8) Subst¢ndard unbuild¢ble record lot excep- Sec. 78-570. Yard and setback requirements.
tion. Any new record lot resulting from
future combination for ownership and tax Within any RS seasonal recreational district,
purposes of any two or more adj acent the following yard and setback requirements shall
record lots listed in subsection (2) of this be observed for all new structures and for any
section with each other and/or with an- addition or alteration to any existing structure,
other vacant or undeveloped record lot, �'�'hether temporary, seasonal or permanent:
which total dry-buildable acreage meets (1) Minimum setback from lakeshore,all struc-
or exceeds one-half acre, will be granted tures, including decks, fences, retaining
an automatic lot area variance and will be walls,wells,on-site sewage treatment sys-
recognized by the council as a buildable tems and land alteration of any kind, 75
lot as if it had been listed under subsec- feet.
tion (6) of this section. Each such new
record lot may be used for one-family �2) Minimum setback from wetlands shall be:
seasonal recreational use without struc- a. Wells and sewage treatment sys-
tures, or for a single permitted seasonal tems, 75 feet.
dwelling without further council action or b. All structures land alteration or hard 5�'��,�
review, subj ect to strict compliance with cover of any kind, shall meet the � �r t��('1 �a
a l l se t back, hard cover, on-site sewage setback requirements established � '�'�
treatment and other performance stan- within article XI of chapter 78 of this Z� h�^'� 5`""(�
dards for development in the RS district, Code (the wetlands protection ele- �t5� b,�i�c�IhS
including tax parcel combination pursu- ment of the Zoning Code).
ant to subsection (2) of this section. k ��'� ``'�'�
(Code 1984, § 10.31(6); Ord. No. 28 3rd series, �3) Minimum setback from platted street ��� ��S��l�y;cL
§ 14, 8-22-2005) rights-of-way, all structures, 30 feet. �
SS ��-i�ciiu�
(4) Minimum setback from internal side or
Sec. 78-569. Lot width requirements. rear property line shall be:
Within any RS seasonal recreational district, a. All structures on lots 200 feet or
no new lot or parcel shall be created less than 200 more in width, 50 feet.
feet in width measured at the shoreline and at the
building site. No existing lot of record shall be b. All structures on existing record lots
reduced by any lot line rearrangement to less 100 feet or more in width but less
than 50 feet in width measured at the shoreline than 200 feet in width, 30 feet.
and at the building site. c. All structures on e�sting record lots
(Code 1984, § 10.31(7)) less than 100 feet in width, ten feet.
Supp.No. 3 CD78:104
�'�;��`'� r�„ ( S jc� c.�- �-��d 1�E �� 4�z.� c:o�..�ua c� bY
(l�� ��1 U't C'. �1
rj� �t C l l v�c�� C^(' �I r v t'�ljt_<< �� �'c(C S ,
ZONING REGULATIONS §78-568
Combined
Record Tas Parcels in Dry Existing
Lot No. Loc¢tion Common Ownership Acreage Use
41) Big Island 23-117-23 32 0055 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 31 000 i
0008 0.49 SD
46) Big Island 23-11i-23 23 0017
0018 0.49 SR
4i) Big Island 23-117-23 32 0037 0.46 SD
48) BigIsland 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
�5) Big Island 23-11i-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-ll7-23 32 0034
0036 0.32 SD
59) Big Island 22-117-23 24 0005 �25 SD
60) Big Island 22-117-23 31 0016 023 SD
61) Big Island 22-117-23 32 0039 0.20 SD
62) Big Island 23-117-23 22 0009 0.18 SD
(7) Substand¢rd unbuild¢ble record lot inuentory. The following record lots are established, each of
which is approximately one-third 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 unless a variance to this section shall be issued
by the council. However, one-family seasonal recreational use without structures pursuant to
section 78-564(2) shall be permitted subject to strict compliance with all on-site sewage
treatment performance standard requirements for the RS district. Record lots are ident�ed by
record lot number, and each includes all property identified thereafter by the listed tas parcel
property identification numbers. SR means seasonal recreational use without structures:
Supp. No. 3 CD78:103
' ZONING REGUI,ATIONS §78-573
(5) Minimum setback any building to any ings shall meet or exceed the following
other, ten feet. minimum square footage of enclosed floor
(Code 1984, § 10.31(8); Ord. No. 28 3rd series, area on the main floor:
§ 15, 8-22-2005)
a. Tents, screenhouses or other permit-
ted accessory structures, no mini-
Sec. 78-571. Lakeshore hard cover regula- mum area required.
tions. b. Seasonal dwellings or guest cabins,
400 square feet.
Within 75 feet of any shoreline, there shall be c. Principal dwellings, 800 square feet.
no excavating, filling, hard cover, temporary or
permanent structures.Within 75 to 250 feet of the (3) Minimum dwelling width required. All
shoreline, there shall be no greater than 25 per- new or remodeled dwellings or habitable
cent hard cover. Within 250 to 500 feet of the buildings shall be at least 20 feet in width
shoreline, there shall be no greater than 30 per- at the narrowest dimension.
cent hard cover. Within 500 to 1,000 feet of the (4) Minimum roof requirements. All new or
shoreline, there shall be no greater than 35 per- remodeled dwellings, buildings or struc-
cent hard cover. tures of any kind shall be provided with a
(Code 1984, § 10.31(9)) fire-retardant roof covering having class
A or B rating, including treated but not
Sec. 78-572. Building height. untreated wood shakes or shingles, or
class C mineral surfaced asphalt shingles
Within any RS seasonal recreational district, laid as required in the state building code.
no structure or building shall exceed 2�12 stories �1 new dwellings shall have a sloped roof
and shall not exceed 30 feet in height except as of at least 3:12 pitch.
provided in section 78-1366. (5) Minimum plumbing requirements. All new
(Code 1984, § 10.31(10); Ord. No. 18 3rd series, or remodeled seasonal dwellings over 800
§ 3, 9-27-2004) square feet in floor area, all guest cabins
over 600 square feet in floor area, and all
Sec. 78-573. Building construction stan- P�ncipal dwellings shall be provided with
dards. indoor plumbing consisting of at least one
water closet,one lavatory,and one kitchen
Within any RS seasonal recreational district, sink, all connected to an approved on-site
all new buildings or structures and all additions, sewage treatment system conforming to
repairs, alterations or improvements to existing the requirements of section 78-574.
buildings or structures shall be built in strict (6) Additional fire protection systeni require-
conformance with the cunent edition of the state ments. Because of the lack of available
building code as adopted and amended by the city, public fire protection services, each prop-
and with the following regulations: erty owner shall be required to provide
additional private fire protection and life
(1) Found¢tions required. All new or remod- safety systems as follows:
eled seasonal dwellings or guest cabins
and all principal dwellings shall be placed a. Fire-resistive roof coverings as re-
on a permanent frost-depth, solid ma- quired by subsection (4) of this sec-
sonry or treated wood foundation that tion.
completely encloses the entire perimeter b. All temporary, seasonal or principal
of the building. dwellings and guest cabins, except
tents, having bedrooms or used as
(2) Minimum dwelling area required. All new sleeping quarters shall be provided
or remodeled dwellings or habitable build- with approved smoke detection de-
Supp.No. 3 CD78:105
§78-573 ORONO CITY CODE
vices conforming to state building sponsible for providing additional private
code specifications and location re- security measures for persons and prop-
quirements. erty as follows:
c. Every habitable building or struc- a. Telephone service shall be provided
ture shall be provided with at least at each principal dwelling, at day-
one approved fire egtinguisher la- use recreation areas, and at over-
beled for class A, B and C hazards; night camps.
and the minimum e�inguisher size b. All buildings or structures shall be
shall be lAlOBC. provided with substantial locking de-
d. Every principal dwelling shall be vices on all doors and windows.
provided with additional fire extin- c. Owners of seasonal dwellings or other
guishing equipment, such as a well, buildings are encouraged, but not
pump and domestic hoseline; a resi- required,to place solid lockable shut-
dential-design automatic fire sprin- ters over all ground floor windows
kler system; or other means of fire and doors when the building is to be
suppression equipment as may be unused for any length of time, and
approved by the council. especially over the winter months.
e. Every nonresidential building hav- d. Any abandoned or hazardous build-
ing an occupant load of 50�persons or ing shall be securely boarded up
more shall be provided with an au- within 60 days and shall be razed
tomatic fire sprinkler system con- and completely removed within one
forming to NFPA Standard No. 13, year of any notice issued by the city.
current edition, or with other fire
extinguishing equipment as may be e. Any intrusion alarm system having
approved by the council. an audible alarm shall be self-reset-
ting.
f. The owner of any building or struo- (Code 1984, § 10.31(11))
ture existing and in use, including
seasonal use, as of the effective date Sec. 78-574. On-site sewage treatment sys-
of the ordinance from which this tems.
division is derived, shall have a pe-
riod of two years,not to extend later Within any RS seasonal recreational district,
than January 1, 1985, to comply all lots, properties, buildings and structures shall
with the provisions of subsections be provided with on-site sewage treatment sys-
(6)b and (6)c of this section, and a tems conforming to the requirements of chapter
period of five years, not to e�end 58,article II, as amended by the following specific
later than January 1, 1988, to com- exceptions and requirements pertaining to the RS
ply with the provisions of subsec- district.
tions (6)d and (6)e of this section;
except that if any addition, alter- (1) Systems not required. Vacant property or
ation or repair is undertaken on such property used solely for one-family sea-
building or structure prior to these sonal recreational use of land without
compliance dates, compliance shall structures, or with accessory structures
be required as a condition of permit only, as permitted by section 78-564(2),
issuance for such work. need not be provided with an on-site sew-
age treatment system, provided that at
(7) Additional building security requirements. any time such property is actually in use
Because of the remote location of the by one or more persons for overnight or
islands, each property owner shall be re- longer stays an approved marine toilet or
Supp. No.3 CD78:106
- ZONING REGUI.ATIONS § 78-574
portable holding-tank toilet shall be avail-
able on the property or within a water-
craft docked or moored at the property.
(2) Outhouses permitted. Notwithstanding
other prohibition in the on-site sewage
treatment code (chapter 58, article II),
outhouses or pit-type toilets may be used
on property in the RS district subject to
the following restrictions:
a. Outhouses may be used only on prop-
erty used for:
1. Seasonal dwellings of less than
800 square feet in floor area.
Supp.No. 3 CD78:106.1
' ZONING REGLTLATIONS § �8_574
2. Seasonal recreational use of land forth in subsection!2}of this section,
without structures, or with ac- including without limitation proper
cessory structures only. design, construction, sanitary set-
3. Any other permitted or condi- backs, depth to water table and soil
tional use only upon approval types.
of a variance issued by the coun-
cil. (3) Altern¢te devices.Alternative waste treat-
ment devices are permitted in lieu of an
b. Outhouses shall be dry with no wa- outhouse on any property where out-
ter plumbed-in. houses are permitted pursuant to subsec-
c. Outhouses shall be constructed in tion(2)of this section, or where otherwise
accordance with state pollution con- necessary to provide toilet waste disposal
trol agency specifications and shall for an e�tisting dwelling where a conform-
be set over a curbed pit of at least 50 ing outhouse or on-site sewage treatment
cubic feet capacity. system cannot be installed. Such devices
d. Sealed vault-type outhouses shall not shall include incinerating devices,compost-
be permitted because pump-out and ing devices or small portable holding-tank
sanitary disposal is unfeasible. toilets which are carried to the mainland
for disposal in a sanitary sewerage sys-
e. Outhouses shall be located at least tem.Alternative systems shall be subject
75 feet from any lakeshore, wetland to review and approval by the city.
or water well, and at an elevation
such that the bottom of the pit is at �4) On-site sewdge tre¢tments systems re-
least five feet above the level of the quired. A complete on-site sewage treat-
lakeshore andlor the level of any ment system, including plumbing fix-
adjacent wetland or drainageway. tures, two sealed septic tanks and
£ E�risting outhouses not conforming underground drainfield designed, con-
to any or all of the requirements of structed and maintained in full conform-
subsection(2)of this section shall be ance with the on-site sewage treatment
abandoned, filled in and the super- code, is required on all properties in the
structure removed within five years RS district as follows:
of the effective date of the ordinance a. Serving all structures containing a
from which this section is derived, principal dwelling.
not to be later than January 1, 1988.
b. Serving all properties containing two
g. It is unlawful for any person to con- or more dwellings pursuant to a pri-
struct, install or relocate an out- vate guest cabin conditional use per-
house without first obtaining a per- mit.
mit from the city as required for
other on-site systems, except that c. Serving all seasonal dwellings over
outhouse permits may be issued to 800 square feet in floor area.
the property owner as well as to d. Serving all dwellings, buildings or
licensed contractors.Permit applica-
tions shall specify location,setbacks, structures containing a water-acti-
pit design and pit elevation above vated toilet regardless of the type or
the water table. All work on out- duration of use or occupancy.
houses, including construction, in- e. Any dwelling, building or structure
stallation, alteration or relocation, having running water plumbed in-
shall be subject to inspection and side to any sink,lavatory,tub,shower,
approval by the city to ensure com- or any other plumbing fixture, but
pliance with the requirements set not a toilet, shall have a conforming
CD78:107
§ 78-574 ORONO CITY CODE ,
grey-water disposal system, includ- demnation of all occupancy of the prop-
ing a septic tank and drainfield con- erty pursuant to Minn. Stat. §§ 463.15—
nected to such fixture drains. 463.261.
(Code 1984, § 10.31(12))
f. Any e�usting dwelling, building or
structure required by one or more of
subsections (4)a—(4)e of this section Sec. 78-575. Garbage removal and sanita-
to be connected to an on-site sewage tion.
treatment system, but which is not Within any RS seasonal recreational district,
so connected as of the effective date each property owner, occupant or user shall be
of the ordinance from which this responsible for packing out and off the islands all
division is derived, or which has an arba e refuse rubbish
e�sting system that does not con- g g � � , junk, old machinery,
parts or debris created or brought onto the island
form to minimum setbacks or other by such person; and for removal of all such
requirements of this division, shall materials from all property owned or occupied by
have a new conforming on-site sew- such person:
age treatment system installed on or
before January l, 1988. (1) It is unlawful for any person to discard,
g. All other provisions of chapter 58, dump, bury, deposit, drop, leave or allow
article II, shall apply to on-site sew- to remain any garbage, refuse, rubbish,
age treatment in the RS district, J�k,old machinery,inoperable or disman-
including without limitation the re- tled motor vehicle, parts or debris on any
quirement for construction permits, property in any RS district.
construction inspection, and regular (2) It is unlawful for any person to burn any
maintenance inspections, including garbage, refuse or rubbish on any prop-
payment of the standard annual ser- erty in any RS district; except that paper
vice charge. products free from any food residue may
be burned in fireplaces, closed containers
(5) Owner's responsibility. It shall be the re- or incinerators.
sponsibility of each property owner to (Code 1984, § 10.31(13))
demonstrate that the on-site sanitation
device or system in use or existing on his
property is in conformance with all re- Sec. 78-576. Open burning prohibited.
quirements of this division and chapter
58, article II; that the device or system It is unlawful for any person to start or allow to
properly treats and/or disposes of the en- burn any open fire on any property within any RS
tire sewage input generated on the prop- district without a permit except for permanent
erty; and that the device or system is gas or masonry barbeques and as permitted un-
adequately and properly maintained at der the Uniforrn Fire Code.
all times. If unpermitted nonconforming, (Code 1984, § 10.31(14j)
mislocated, or failing devices or systems
shall be found by the city because of Sec. 78-577. 1`ree removal regulations.
complaint and/or routine inspection, cor-
rection orders shall be issued by the build- No trees within 75 feet of the shoreline with a
ing official or on-site manager requiring diameter of suc inches or more shall be removed
repair, alteration or replacement in strict without first obtaining a permit from the council.
accordance with the requirements of this (Code 1984, § 10.31(15))
division. Failure of any owner to obey
such a lawful order shall be cause of the
city to initiate legal actions including con- Secs. 78-578-78-600. Reserved.
CD78:108