HomeMy WebLinkAboutOrd #032-3rd Ser/Repealing/amending code re: Industrial Uses ORDINANCE NO.32,THIRD SERIES
AN ORDINANCE REPEALING IN THEIR ENTIRETY,
ARTICLE IV,DIVISIONS 18 AND 19 OF THE ORONO ZO1vING CODE
PERTAINING TO THE I-INDUSTRIAL DISTRICT
AND THE PID-PLANNED INDUSTRIAL DISTRICT;
ADDING A NEW ARTICLE IV,DIVISION 18,
SECTIONS 78-821 THROUGH 78-832; AND
AMENDING SECTIONS 78-1,78-1066,
78-1468,78-1511,78-1512,78-1516,AND 78-1536
OF THE ORONO ZONING CODE RELATED TO
INDUSTRIAL USES WITHIN THE CITY OF ORONO
The City Council of Orono, Minnesota hereby ordains:
SECTION 1. Section 78-1, Definitions, of Article 1, In General, is hereby amended to
include the following definitions:
Essential Services means the erection, construction, alteration, or
maintenance of underground or overhead gas, electrical, steam, or water
transmission or distribution systems, collection, communication, supply or
disposal systems by public utilities, municipal or other governmental
agencies, but not including buildings.
O�ce means a commercial land use involving predominantly
administrative, clerical, or professional operations. Commercial offices
may include professional administrative training, but shall not include
direct retail commercial transaction activities.
Office-Showroom means a commercial land use that is comprised of
offices and other indoor floor area in which large or bulk goods are both
on display and being warehoused in the same space. Examples of such
uses commonly include furniture, building materials, or other similar uses.
Characteristics of such uses include a lack of other on-site warehousing.
Office-Showroom shall not include direct, on-site retail transactions to the
end consumer.
Office-Warehouse means a commercial land use that is comprised of
offices and other indoor space in which materials and equipment are being
stored for shipping to other locations for eventual resale or use. Office
Warehouse does not include on-site retail transactions or display.
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Outdoor Storage means the keeping of materials or equipment on a parcel
of land for the purpose of transporting, using or employing such materials
or equipment at a future date at another location, either on- or off-site.
The keeping of motorized vehicles for more than 24 hours, or other
equipment that is not capable of self-powered movement (such as trailers),
shall be included in this definition.
Parking means the keeping of passenger automobiles and light trucks for a
temporary period (usually less than 24 hours) in a space designated and
improved for such use according to the requirements of the Zoning
Ordinance. Parking does not include storage.
SECTION 2. Article IV, Division 18, I Industrial District, Sections 78-821 through 78-
825 of the Zoning Ordinance, is hereby repealed in its entirety and the following
language inserted in its place to read as follows:
"Article IV, Division 18,I-Industrial District
Section 78-821. Purpose and Review of Building Permit Applications.
A. General Provisions. The purpose of the Industrial District is to permit and
encourage the development of high quality industrial uses which are compatible
with the aesthetic character of the City of Orono and to encourage the
development of such industries that are able and willing to achieve superior
standards of design and environmental protection. To this end, the City may find
that improvements are required to a particular site which are greater than the
minimum standards found as part of this District.
B. Building Permits and Council Review. All applications for a building permit in
any I-Industrial district shall be reviewed by the Council and may be referred to
the Planning Commission for review.
C. Determination of Use. Whenever a proposed use is not clearly defined as to its
inclusion in the list of Permitted, Conditional, or Accessory Uses in this District,
the Zoning Administrator shall make a determination. The Zoning Administrator
may refer the item to the City Council for a final determination, if desired.
D. Certificate of Occupancy. Prior to occupancy of any building or premises within
the I- Industrial District for which a building permit has been obtained, the
applicant shall obtain a Certificate of Occupancy. As a part of this Certificate,the
applicant shall be required to demonstrate compliance with all of the terms of this
Ordinance.
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E. Existing Land Uses.
(1) Any building or use that does not conform to the requirements of this
Division, existing prior to the passage of this Ordinance, shall be
allowed to continue to operate in the same manner and to the same
extent, subject to the requirements of Article II, Division 2 related to
Nonconforming Uses and Related Matters.
(2) Where such changes increase the total usable floor area of an existing
non-conforming building by less than twenty five percent (25%), a
property owner may maintain the existing building in its non-
conforming state. The requirements for bringing improvements into
conformance shall also be applied to legal, non-conforming site
improvements such as parking lots and landscaping. Such changes or
additions may be made to coordinate with the existing building
materials and design without meeting the requirements of this
ordinance. The twenty five percent (25%) threshold shall be measured
cumulatively from the date of the adoption of this ordinance, and shall
not be exceeded without applying the requirements of sub-section 78-
821 E.(3).
(3) Where such changes increase the total usable floor area of an existing
non-conforming building by twenty five percent (25%) or more, the
property owner shall be required to bring the building and property
into full conformance with this ordinance. The requirements for
bringing improvements into conformance shall also be applied to legal,
non-conforming site improvements such as parking lots and
landscaping. The twenTy five percent (25%) threshold shall be
measured cumulatively from the date of the adoption of this ordinance.
F. All buildings in the I,Industrial District shall be required to be on platted lots. All
changes to lot configuration shall require platting in accordance with Chapter 82,
Article III, Orono Subdivision Regulations. No lot identified in whole or in part
by a metes and bounds description shall be eligible for a building permit until a
final plat has been approved and recorded for said lot.
Section 78-822. Permitted Uses.
A. General Conditions. The following are permitted uses within the I-Industrial
District.
(1) Automobile and truck painting, major repair, body and fender work,
upholstering tire recapping and wholesale/fleet sales, but shall not include
retail when within a completely enclosed building. The storage of
automobiles or trucks in process of repair shall be within a fenced area.
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(2) Cabinet and carpentry shops, lumberyards millworks, electrical, plumbing
and heating and air conditioning shop.
(3) Manufacturing or assembly of a wide variety of products that produces no
exterior noise, glare, fumes, obnoxious products, byproducts or wastes, or
creates other objectionable impact on the environment. These shall
include the following:
a. Manufacturing, compounding, assembly, packaging, treatment or
storage of products and materials. Expressly prohibited activities
shall include: the stockpiling and recycling of aggregate materials
or supplies of more than twenty-five (25) cubic yards.
(4) Office �
(5) Office-Showroom
(6) Office-Warehouse
(7) Medical, dental and optical laboratories.
(8) Research laboratories.
(9) Inside Storage or warehousing.
' (10) Governmental and public utility buildings and structures.
(11) Essential Services.
Section 78-823. Conditional Uses.
A. General Provisions. Within the I-Industrial District, no structure or land shall be
used for one or more of the following uses without approval of a conditional use
permit. The following are conditional uses in the I-Industrial District:
(1) Open and outdoor storage as an accessory use,provide that:
a. The open storage area is screened and landscaped from adjacent
residential uses and public right-of-way.
b. The open outdoor storage area is surfaced with concrete or
bituminous.
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c. The open outdoor storage area shall not be within any front yard or
side yard abutting a public right-of-way. The open outdoor storage
shall be setback five (5) feet from all side and rear lot lines and
shall not be located within a utility or drainage easement.
d. The open outdoor storage area shall not utilize any required off-
street parking, loading areas, or access space.
e. The open outdoor storage area shall not be used for storage of
hazardous liquids, solids,gases, or wastes.
f. The property owner shall keep all outdoor storage areas free of
refuse, trash, debris,weeds, and waste fill.
(2) Commercial and public radio and television transmitting antennas, and
public utility microwave antennas.
(3) Commercial, private, and public satellite dish transmitting or receiving
antennas in excess of two (2)meters in diameter.
(4) Accessory, enclosed service activity other than allowed by a permitted use
within the I-Industrial District.
(5) Day care centers.
(6) Trucking operations,but not distribution centers.
(7) Trade Schools.
(8) Warehouse conversion to mini-storage.
(9) Wholesale showrooms.
(10) Deferment of Parking.
B. Required Conditions and Policies of a Conditional Use Permit. The burden of
proof demonstrating compliance with the following criteria shall be the
responsibility of the applicant. In determining whether to approve or deny a
conditional use permit, the City Council and Planning Commission shall find that
the conditional use permit complies with the following criteria:
(1) Comprehensive Plan. The proposed action has been considered in relation
to the specific policies and provisions of and has been found to be
consistent with the official Comprehensive Plan of the City.
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(2) Compatibility. The proposed use is compatible with adjacent present and
future anticipated land uses.
(3) Performance standards. The proposed use conforms with all applicable
performance standards contained in this Ordinance.
(4) No depreciation in value. The proposed use will not tend to or actually
depreciate the area in which it is proposed.
(5) Nuisance. Nuisance characteristics generated by the use will not have an
adverse effect upon existing and future development in adjacent areas.
(6) Economic return. The use will provide an economic return to the
community and be commensurate with other industrial uses for which the
property could feasibly be used. In considering the economic return to the
City of Orono, the Planning Commission and City Council may give
weight to the sociological impact of proposed use, both positive and
negative.
Section 78-824. Accessory Uses.
A. General Conditions. Within an I-Industrial district, the following uses shall be
permitted accessory uses:
(1) Fences.
(2) Landscaping and decorative features.
(3) Off-street loading.
(4) Off-street parking.
(5} Signs
(6) Mechanical and utility equipment, provided such equipment does not
occupy a required yard adjacent to a street, and is fully screened from
view of the public right of way.
(7) Telecommunication reception/transmission devices.
a. Accessory Antennas. Accessory antennas shall be limited to radio
and television receiving antennas, satellite dishes, TVROs, and
amateur shortwave radio transmitting and receiving antennas.
Accessory antennas that are accessory to the principal use of the
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property are permitted accessory uses in all zoning districts,
provided they meet the following conditions:
1. Height. A ground mounted accessory antenna shall not
exceed twenty(20) feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the
required front yard setback, corner side yard setback or side
yard setback abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite
signals at a location in any allowable placement area, the
accessory antenna may be placed on the roof of any
authorized structure on the premises.
4. Setback. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers sha11 be set back from adjacent
property lines a horizontal distance no less than the
maximum height of the antenna.
5. Building permits. A building permit shall be required for
the installation of any accessory antenna requiring a
conditional use permit. Building permit applications shall
be accompanied by a site plan and structural component
data for the accessory antenna, including details of
anchoring. The buiiding official must approve the plans
before installation.
6. Lightning protection. Each accessory antenna shall be
grounded to protect against natural lightning strikes in
conformance with the National Electrical Code as adopted
by the city.
7. Electrical code. Accessory antenna electrical equipment
and connections shall be designed and installed in
conformance with the National Electrical Code as adopted
by the city.
8. Color/content. Accessory antennas shall be of a neutral
color and shall not be used as signage.
b. Amateur Shortwave Radio Antennas and Towers. Amateur
shortwave radio antennas and towers which do not meet the
conditions for accessory antennas may be allowed with a
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conditional use permit in all zoning districts provided they meet
the following conditions:
1. Height. When an amateur shortwave radio antenna is
mounted on an antenna tower, the total height of the
a.ntenna and tower shall not exceed sixty(65) feet.
2. Yards. Amateur shortwave radio antennas and towers
shall not be located within a front, corner side, or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers
shall not be located within any required setback area and
shall be located no less than the height of the antenna and
tower from the property line.
Section 78-825. Lot Area,Height, Set6acks, and Lot Coverage.
Minimum Lot Requirements: 40,000 square feet
Minimum Building Area: 10,000 square feet
Lot Width: 200 feet
Building Setbacks (Principal and Accessory):
Front Yard Setback: 35 feet
Side Yard Setback, abutting a major streetl: 35 feet
Side Yard Setback, abutting a minor street2: 20 feet
Side Yard Setback, interior: 10 feet
Rear Yard Setback: 20 feet
1 This setback applies to side yards adjacent to Wayzata Boulevard and Old
Crysta.l Bay Road.
2 This setback applies to side yards adjacent to all other roads, public or private,
within thc"I", Industrial District.
Building Height: No structure or building shall exceed three stories and shall
not exceed forty (40) feet in height except as provided in
section 78-1366.
Lot Coverage: Not more than thirty-five (35) percent of parcels of three
(3) acres or less may be covered by buildings or structures.
Not more than forty-five (45) percent of parcels may be
covered by buildings or other structures; except that when
the total building floor area on a site is contained within a
single building, and when the total area used for loading
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, terminals, docks and berths is completely enclosed within
the same single building, a lot coverage of not more than
sixty (60)percent will be permitted.
In no case shall impervious surfaces exceed a m�imum of
eighty five (85)percent on any individual parcel.
Section 78-826. Building Design and Construction.
A. General Provisions. In addition to other restrictions of this chapter, the use,
construction, alteration or enlargements to any buildings or structure within this
district shall meet the following standards:
(1) Rooftop Equipment: Rooftop equipment shall be screened from view from
the ground at the property line with vertical extensions of the building
walls or with parapets or other architectural design features of the same
materials used on the walls of the building. Where the topography permits,
it is desirable to screen such equipment from adjacent property, but it is
not the intent of this requirement to increase the height of the screening
significantly above that of the equipment in order to screen it from view
from tall buildings or from higher ground.
(2) Form, Scale and Proportion: The form and proportion of buildings shall be
consistent or compatible with the scale, form and proportion of existing
development in the immediate area.
(3) Unusual Buildings: The use of unusual shapes, color and other
characteristics that cause new buildings to call excessive attention to
themselves and create disharmony shall be avoided.
(4) Mass and Voids: The rhythm of structural mass to voids, such as windows
and glass doors, of a front facade should relate to the rhythms established
in adjacent buildings.
(5) Long Facades: Where large structures with overly-long facades (walls) are
proposed, such as warehouses, building mass should be articulated with
variations in the building plane and parapet height and through the use of
other unique design or site plan features.
(6) Architectural Design: Architectural design should create harmony through
the use of different textures, complementary colors, shadow lines and
contrasting shapes. The use of walls in a single color, with little detailing
or completely blank is discouraged.
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(7) Monotony: Monotony of design in single or multiple building projects
shall be avoided. Variation of detail, form and siting shall be used to
provide visual interest.
(8) Roofs: Careful consideration of durable materials, proportions and shapes,
emphasizing the importance of roofs as integral and embracing elements
of the over-all design, is particularly important.
(9) Materials: Use of substantial amounts of high quality masonry materials
(face brick, stucco, stone) is encouraged. Buildings shall be constructed
with no less than sixty seven percent (67%) of these materials, excluding
window and door areas. Architectural concrete panels and rock faced
concrete block may comprise a maximum of thirty three percent (33%) of
the exterior materials used on the building. The 67% threshold may be
reduced, or the 33% threshold exceeded, only by Conditional Use Permit
for alternative materials. The City Council shall consider the architectural
quality and whether the proposed building exceeds the various
requirements of this Section 78-826 in deciding whether or not to grant a
Conditional Use Permit for alternative materials. The use of aluminum
siding, metal ribbed panels and extensive mirrored glass surfaces is
discouraged except as accent materials. Evaluation of building materials
shall be based on the quality of its design and relationship and
compatibility to building materials in the immediate neighborhood.
(10) Design Uniformity: Architectural treatments (e.g., building materials,
colors, facade design, roof lines, screening) shall be consistent and
compatible on all sides. Treatment that is uniform on all sides will be
deemed to meet the requirements of this principle. Adjacent land uses,
visibility from public streets and use of screening devices (walls, fences,
berms, landscaping) are criteria to be considered when varying this
treatment. The applicant will ha�e the burden of demonstrating the reasons
for difFering treatment on different sides (e.g., the need for truck access on
one side and pedestrian access on another).
Section 78-827. Off-Street Parking.
A. General Provisions. If any increase in the size, or changes in the uses, of such an
existing principal use is made beyond the size or for other than the uses above
allowed, then additional off-street parking spaces shall be provided pursuant to
this Section, but only for the additional spaces resulting from the increase in size
or changes in uses.
B. Number of Uses. The required number of off-street parking spaces shall be
located on the same lot as the principal use or on an adjacent lot under the control
of the owner of the principal use. For purposes hereof, "control" may be derived
from ownership or by lease or easement continuing for a period of not less than
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twenty-five (25) years. In the alternative, the City Council may approve off-site
parking for a period coterminous with the building lease. The required parking
spaces shall not be separated from the principal use building by a street. Seventy-
five (75) percent of all required spaces shall be located within five hundred (500)
feet of the entrances to the principal use building and one hundred (100) percent
shall be within one thousand(1,000) feet.
C. Setbacks.
(1) Exposed parking spaces or drive aisles (except that portion of the
driveway crossing the public right of way to give access to the street) sha11
be located within the following setbacks:
a. 1Vlajor Street' 20 feet
b. Minor Street� 10 feet
c. Rear Lot Line3 10 feet
d. Interior Side Lot Line3 10 feet
1This setback applies to side yards adjacent to Wayzata Boulevard and Old
Crystal Bay Road.
2This setback applies to side yards adjacent to all other roads, public or
�rivate,within the"I", Industrial District.
Within adjoining industrial developments, private access, truck
circulation area, and undivided parking areas may be permitted, provided
that each individual parcel meets all other district requirements.
(2) Parking, truck circulation area, and drive aisles shall be set back a
minimum of 10 feet from all buildings to provide a space for landscaping
and sidewalks. Parking, truck circulation, and drive aisles may be located
directly ad�acent to buildings in rear and side yards which do not abut
public streets, and where the property owner demonstrates that the
proposed parking area will be fully screened from view of the public right
of way.
D. Required Parking.
(1) Automobile Service Centers: One (1) space for each four hundred (400)
square feet of leasable area, plus one space for each employee on the
ma�cimum work shift.
(2) Offices, Medical and Dental Laboratories, Business or Professional
Offices: One (1) space per two hundred(200) square feet.
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(3) Multi-Tenant Industrial Buildings. One (1) space for each four hundred
(400) square feet of gross floor area, or the sum of the component gross
floor areas as follows,whichever is greater:
a. One (1) space for each two hundred (200) square feet of office
space.
b. One (1) space for each two thousand (2,000) square feet of
warehouse space.
c. One (1) space for each three hundred (300) square feet of
manufacturing, processing, packaging, treatment and assembly
space.
d. One (1) space for each five hundred (500) square feet of space
containing machines and equipment for conducting scientific
research, testing or experimentation.
E. Floor Area. The term "floor area" for the purpose of calculating the number of
off-street parking spaces required shall be determined on the basis of the exterior
floor area dimensions of the buildings, structure or use times the number of floors,
minus ten(10)percent.
F. Computation. When determining the number of off-street parking spaces, any
fraction of a number shall constitute an additional space.
G. Snow Storage in Parking Stalls. Provision shall be made in the parking area for
adequate snow storage or removal in order to ensure that the required number of
spaces is available at all times during the year.
H. Circulation. Traffic circulation systems shall be designed to accommodate
anticipated traffic demands. Vehicular traffic generated by industrial uses shall be
channeled and controlled in a manner which will avoid congestion or interference
with other vehicular transportation systems and pedestrians and which will avoid
creating traffic hazards and excessive traffic.
I. Parking Size. Each parking space shall have a minimum width of nine (9) feet
and a minimum depth of twenty (20) feet exclusive of aisle and maneuvering
space.
J. Curb Cut Size. No curb cut access shall exceed twenty-four (24) feet in width
unless approved by the City Engineer.
K. Grade. The grade elevation of any parking area or driveways shall not exceed
four(4)percent.
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L. Surfacing. Except as otherwise determined by the City Council, all Industrial
uses shall have customer parking areas and driveways which are surfaced with
asphalt.
M. Lighting. Any lighting used to illuminate an off-street parking area shall be
hooded and so arranged as to reflect the light away from adjoining property,
abutting residential uses, and public rights-of-way.
N. Required Screening. All open off-street parking areas of five (5) or more spaces
sha11 be screened with landscaping and/or other materials from abutting or
surrounding residential districts.
O. Landscaped Islands. A minimum of one (1) landscaped parking island per twenty
(20) parking stalls shall be required within any industrial use. Areas meeting the
conditions listed in Section 78-827 C.(2) which are proposed for truck circulation,
but converted to parking per a plan approved by the City shall be exempt from
this provision.
P. Signs. No signs shall be so located as to restrict the sight lines and orderly
operation and traffic movement within any parking lot or driveway. All signs
shall be in conformance with Section 78-1466 of this Ordinance.
Q. Deferment of Parking. A reduction in the number of required parking stalls may
be permitted by a conditional use permit as outlined in Section 78-823 provided
that the following conditions are met:
(1) Evidence is provided demonstrating that the parking requirements of the
proposed use will be less than the parking required under this Section
during the peak demand period. Factors to be considered when reviewing
the proposed parking demand shall include, but not to be limited to:
a. Size,type, and use of building.
b. Number of employees.
c. Projected volume and turnover of employees.
d. Projected frequency and volume of delivery or service vehicles.
e. Number of company vehicles.
f. Storage of vehicles on the site.
(2) In no case shall the amount of parking provided be less than one-half to
the amount of parking required by the Ordinance.
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(3) The property owner can demonstrate that the site has sufficient property
under the same ownership to accommodate the expansion of the parking
facilities to meet the minimum requirements of this Section if the parking
demand exceeds on-site supply.
(4) On-site parking shall only occur in areas designed and constructed for
parking in accordance with this Section. The area reserved as "proof-of-
parking" shall be sodded or seeded and maintained as green space. No
permanent buildings shall be permitted in the "proof-of-parking"area.
(5) The Conditional Use Permit approving parking deferral under this section
shall be recorded per City practice, providing that additional parking shall
be constructed in accordance with this Section.
(6) To qualify for a parking deferment, the site must comply with all current
zoning requirements.
Section 78-828. Loading.
A. General Provisions. In addition to other restrictions of this chapter, all loading or
unloading into or out of trucks in excess of three-fourths ton capacity shall be
conducted at facilities specifically designed and designated for that purpose.
Those facilities, designated as "loading facilities" shall be subject to the following
regulations:
(1) A minimum of one loading berth per fifty thousand(50,000) square feet of
gross floor area or part thereof. Loading berth shall be fifty-five (55) feet
in length, fourteen(14)feet in width, and fifteen(15) feet in height.
(2) All loading docks shall be located within the perimeter of the principal or
accessory building and shall be completely enclosed except for the
opening needed for access to a vehicle during the time it is standing at a
berth.
(3) No loading facility shall be located within the required front street or side
street setback for the principal building or within ten feet of an interior
side lot line or rear lot line.
Section 78-829. Landscaping.
A. General Provisions. Where any industrial use abuts a property zoned for
residential use, the industry shall provide screening of the parking areas_along the
boundary of the residential property. Screening of such parking areas shall also be
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provided where a business or industry is directly across the street from a
residential zone.
B. Fencing. All fences shall be placed within the property being fenced.
(1) Fences extending across a required front yaxd or required side yard which
abut a street on a corner lot shall be at least seventy-five (75) percent open
for a passage of air and light and shall maintain the traffic visibility.
(2) Industrial fences shall not exceed eight(8) feet in height.
C. Minimum Number of Plantings. Industrial Districts shall contain, at a minimum
the greater of two (2) trees per one thousand (1,000) square feet of gross floor
area or two (2) trees per forty (40) lineal feet of site perimeter whichever is
greater.
D. Minimum planting size. All landscaping incorporated in said plan shall conform
to the following standaxds and criteria. All plants must at least equal the
following minimum size: (All trees shall be balled and burlapped (B&B) and
shrubs shall be container grown unless otherwise approved by City Staff. Type
and mode of planting are dependent upon time of planting season, availability,
and site conditions(soils, climate, ground water, irrigation, grading, etc.).
Shade Trees 1.5 to 2 inch
Ornamental Trees 1 inch
Coniferous Trees 4-6 feet
Large Deciduous Tree 2-4 feet
Large Coniferous Shrubs 2-4 feet
Small Deciduous Shrubs 18-24 inches
Small Coniferous Shrubs 18-24 inches
E. Spacing:
(1) Plant material centers shall not be located closer than three (3) feet from
the property line and shall not be planted to conflict with public plantings
based on the judgment of the Zoning Administrator.
(2) Where plant materials are planted in two (2) or more rows, plantings shall
be staggered in rows unless otherwise approved by the Zoning
Administrator.
(3) Where plants or screening is intended, large deciduous and coniferous
shrubs shall not be planted more than four(4) feet on center.
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F. Types of New Trees. Plantings, suitable trees include, but are not limited to the
following:
Oak
Red Maple
Sugar Maple
Hackberry
Birch
Honeylocust
Little Leaf Linden
American Linden
Green Ash
Ginkgo
Kentucky Coffee Tree
G. Design. The landscape plan must show some form of designed site amenities (i.e.,
composition of plant materials, and/or creative grading, decorative lighting,
exterior sculpture, etc., which are largely intended for aesthetic purposes). All
areas within the property lines (or beyond, if side grading extends beyond) shall
be treated. All exterior areas not paved or designated as drives, parking or
storage, must be planted with ornamental vegetation (lawns, ground covers or
shrubs)unless otherwise approved by the Zoning Administrator.
H. Seeding and Sod. Seeding may be used when the City determines sod is not
practical or desirable such as, but not limited to, open spaces, sites that aze rough
graded and areas that cannot be developed (such as those located within a power
line easement).
I. Slopes and Berms. Slopes that are to be maintained as turf in excess of 2:1 are
prohibited unless approved by the Zoning Administrator. All berms must
incorporate trees and plantings into the design. In no situation shall berms be
used as the sole means of screening.
J. Ground Areas Under Building Roof Overhangs. All ground areas under the
building roof overhang must be treated with a decorative mulch and/or foundation
planting.
K. Detention Ponds. Stortnwater ponds shall be landscaped with an average of a ten
(10) foot buffer strip of shade and ornamental trees, evergreens, shrubbery,
natural grasses, groundcover and/or other plant materials to provide an
aesthetically appealing setting. This landscaping plan shall be in addition to the
required landscaping.
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L. Irrigation Systems. All principal use structures shall provide an exterior water
supply for use in landscape purposes. The exceptions to this are one and two
family dwellings and additions to existing structures equal to or less than 10% of
the square feet of the existing structure.
M. Landscape Guarantee: All new plants shall be guaranteed for two (2) full years
from the time planting has been completed. All plants shall be alive and in
satisfactory growth at the end of the guarantee period or be replaced.
Section 78-830. Drainage.
A. General Provision. No land shall be developed and no use shall be permitted that
results in water runoff causing floods, erosion or deposits on adjacent properties.
Site and drainage plans shall be submitted by the applicant in such detail as
required by the council, and those plans shall be reviewed by the city engineer
before submission to the planning commission and the council for approval. Such
runoff may be required to be properly channeled into a natural watercourse,
ponding area, storm drain or other public facilities. Any change in grade affecting
water runoff, whether onto adjacent property or otherwise, must be in compliance
with the surface water management plan and shall be consistent with other
applicable regulations of provisions of this code and subject to the approval of
other agencies having jurisdiction over the area affected by the drainage.
Section 78-831. Lighting.
A. General Provision. Any lighting used to illuminate a structure, an off-street
parking area, or other area in an industrial district shall be arranged so as to
deflect light away from any adjoining residential property or from any public right
of way. All lighting shall be installed in accordance with the following
provisions:
(1) Lighting cutoff: The luminaire shall contain a cutoff which directs and
cuts off the light at an angle of ninety(90) degrees or less.
(2) Lighting Adjacent Property: Lighting sources shall not be permitted so as
to light adjacent property in excess of the maximum intensity.
(3) Architectural/Historical Light Fixtures: Architectural/Historical light
fixtures that feature globes that are not shielded or lighting of entire
facades or architectural features of a building may be approved by the City
Council. In no case shall the light affect adjacent property in excess of the
maximum intensity.
(4) Light Poles. All light poles shall be of a dark color. Light colored light
poles shall be prohibited.
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(5) Height Of Source and Pole: The maximum height of the fixture and pole
above the ground grade permitted for light sources is thirty (30) feet. A
light source mounted on a building shall not exceed the height of the
building. In no case shall the height of a light source mounted on a pole or
on a building exceed the height limits of the zoning district in which the
use is located unless allowed by conditional use permit.
(6) Intensity. No light source or combination thereof which casts light on a
public street shall exceed one foot-candle (meter reading) as measured
from the right of way of said street nor shall any light source or
combination thereof which casts light on adjacent residential property
exceed four-tenths (0.4) foot candles (meter reading) as measured at the
property line.
(7) Location: The light source of an outdoor light fixture shall be set back a
minimum of ten (10) feet from a street right of way and five (5) feet from
an interior side or rear lot line.
(8) Hours. The use of outdoor lighting for parking lots shall be turned off one
(1)hour after closing except for approved security lighting.
Section 78-832. Signage.
A. General Provisions. All signs shall conform to the sign standards of Section 78-
1466 of the Ordinance. Signage within the I-Industrial District shall be limited to
the following standards:
Freestanding Signs (Monument style only- no pylon signs allowed):
(1) No more than one (1) double sided freestanding sign allowed per lot or per
building.
(2) The sign axea shall not exceed one hundred (100) square feet of space on
each side.
(3) The sign shall not exceed ten(10) feet in height.
(4) Freestanding signs shall be located so as not to be visible to traffic within
the Highway 12/394 corridor.
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. .
Wall Signs:
(1) Buildings within the I-Industrial District may have signs on any facade,
whether or not such facade faces the public right-of-way. The total
amount of wall signage for a building shall be limited to a square footage
equal to 5% of the area of the facade or facades that face the public right-
of-way. However, no individual facade shall have a signage area greater
than 5%of that individual facade.
(2) Wall signs on south-facing building facades adjacent to the Highway
12/394 corridor shall be limited to one sign not exceeding ten (10) square
feet for each business entrance along the south-facing wall. Such signs
shall not be internally lit.
Directional Signs:
(1) Directional signage needed for traffic circulation or pedestrian movement
as approved by the City shall not count in the overall square footage
calculations.
B. When a single principal building is devoted to four (4) or more industrial uses, a
comprehensive sign plan for the entire structure shall be required. No permit shall
be issued for an individual use except upon a determination that it is consistent
with the approved comprehensive sign plan."
SECTION 3. Article IV, Division 19, PID Planned Industrial District, Sections 78-846
through 78-853 of the Zoning Ordinance, is hereby repealed in its entirety.
SECTION 4. Section 78-1066 Building Design and Construction (with regards to the
Highway 12 Corridor Study Area) is hereby amended to read as follows:
"Section 78-1066. Building Design and Construction.
Except within the I-Industrial District, in addition to other restrictions of this chapter,
the use, construction, alteration or enlargements to any building or structure within
the district shall meet the following standards (Buildings within the I-Industrial
District shall conform to building design and construction standards found in Section
78-826 of the Ordinance):
(1) All exterior wall finishes on any building shall be:
a. Face brick;
b.Natural stone;
c. Specially designed precast concrete units if the surfaces have been integrally
treated with an applied decorative materials or texture;
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d. Factory fabricated and finished metal framed panel construction, if the panel
materials are of any of those noted in subsections (1)a--c of this section, or
glass; or
e. Other materials as may be approved by the council. Combinations of such
materials shall be permitted.
(2) All subsequent additions and outbuildings constructed after the erection of an
original building shall be constructed of materials comparable to those used in the
original construction and shall be designed in a manner conforming with the
original architectural design and general appearance.
(3)No building or structure of a temporary character, trailer, basement, tent or shack
shall be constructed, placed or maintained upon the property except as accessory
to and during the construction of permanent buildings."
SECTION 5. Section 78-1468(3) related to Signs in I Districts is hereby repealed in its
entirety and the following language substituted in its place:
"(3) I.• Within the I District, signs shall be permitted according to the regulations
in Section 78-832."
SECTION 6. Section 78-1511 (3) related to Setbacks for Parking is hereby repealed in
its entirety and the following language substituted in its place:
"(3) I-Industrial Districts. All off-street parking spaces shall conform with the
requirements of Section 78-827 of the Zoning Ordinance."
SECTION 7. Section 78-1512 related to Joint Parking, is hereby repealed in its entirety
and the following language substituted in its place:
"Section 78-1512. Joint Parking.
A. Required parking facilities serving two or more uses in the B district may be
located on the same lot, provided that the total number of parking spaces so
furnished shall be not less than the sum total of the separate requirements for each
use and provided:
(1) The proposed joint parking space is within 300 feet of the use it will serve;
(2) The applicants shall show that there is no substantial conflict in the
principal operating hours of the two or more buildings or uses for which
joint use of off-street parking facilities is proposed; and
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. y
(3) A properly drawn legal instrument approved by the city attorney and
executed by the parties concerned for joint use of off-street parking
facilities shall be filed with the city clerk. This instrument may be a three
or more party agreement, including the city.
B. Required parking facilities located within the I-Industrial District shall conform
with the requirements of Section 78-827 of the Ordinance."
SECTION 8. Section 78-1516 related to Required Off-Street Parking is hereby amended
by deleting the opening paragraph and replacing it with the following language:
"Except within the I-Industrial District, where the principal use of the structure
served is as listed, the minimum parking facilities (open or enclosed) shall be as
shown. Within the I-Industrial District, minimum parking facilities (open or
enclosed) shall conform to Section 78-827 of the Ordinance."
SECTION 9. Section 78-1536 related to Loading is hereby deleted in its entirety and the
following language substituted in its place:
"A. Except for buildings and uses within the I-Industrial District,the regulations and
requirements regarding off-street loading and unloading shall apply to the
required and non required loading and unloading facilities in all the districts. If
in the application of these requirements a fractional number is obtained, one
loading space shall be provided for a fraction of one-half or more, and no
loading space shall be required for a fraction of less than one-half.
B. Loading requirements within the I-Industrial District shall conform to Section
78-828 of the Ordinance."
SECTION 10. A summary of this Ordinance shall be published in THE SAILOR
newspaper, and this Ordinance in its entirety shall be in full force and effect upon its
passage and publication of the Summary.
Adopted by the City Council of Orono on this 27`h day of March, 2006 by a vote
of 5 ayes and 0 nays.
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ATTEST: Barbara A. Peterson, Mayor
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Linda S. Vee, City Clerk
Summary Ordinance pub�ished in the Sun Sailor newspaper the week of April 6, 2006.
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