The URL can be used to link to this page

Home My WebLink AboutOrd #059-3rd Ser/Amending code re: hardcover/shoreland overlay dist. SUMMARY OF ORDINANCE NO. 59 , THIRD SERIES ORDINANCE NO. 59 , THIRD SERIES AN ORDINANCE AMENDING CHAPTER 78 OF THE ORONO CITY CODE CONCERNING HARDCOVER LIMITATIONS IN THE SHORELAND OVERLAY DISTRICT The following is the official summary of Ordinance No. 59 , Third Series approved by the City Council of the City of Orono on May 11, 2009. The Ordinance adds a general definition of hardcover, clarifies how hardcover is calculated in particular circumstances, allows driveways in the 0 to 75 foot zone for properties with no other means of vehicular access, and specifies when nonconforming hardcover may be expanded. This is an abbreviated summary of Ordinance No. 59 , Third Series. A printed copy of Ordinance No. 59 , Third Series in its entirety is available for inspection by any person at the office of the City Clerk during regular office hours. This ordinance becomes effective immediately upon publication. Adopted by the City Council of the City of Orono, Minnesota on this 11`h day of May, 2009 by a vote of 4 ayes and 0 nays. ATTEST: _ . � �nr C�� Lin a S. Vee, City Clerk J es M. White, Mayor Published in the Sun Sailor newspaper the week of May 21 , 2009 ORDINANCE NO. 59 , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA � AN ORDINANCE AMENDING CHAPTER 78 OF THE ORONO CITY CODE CONCERNING HARDCOVER LIMITATIONS IN THE SHORELAND OVERLAY DISTRICT THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. Chapter 78, Section 1211 (Shoreland Overlay District Definitions) of the _ Orono City Code is amended to add the following definition: Hardcover means any material that interferes to any degree with the direct abso tion of rainfall into the �ound. Examples include buildin�s; tennis courts; pools, including water surface; decks, regardless of spacin�; roofs of anv sort, including roof overhangs� play structure platforms; driveways (concrete, asphalt, gravel, or dirt); sidewalks ramps etc.; any surface intended to be driven on; landscape beds lined with plastic sheetin�or weed-prevention fabric; tops of retainin walls; patios and steppin� stones; orous pavement; temporarv buildings; and anv vehicle, material, or equinment that prevents direct absorption of rainfall into the ground and that is stored for an extended period of time. . SECTION 2. Chapter 78, Section 1282 (Shoreland Overlay District Standards - Stairways, lifts and landings) of the Orono City Code is amended to read as follows: Sec. 78-1282. Drivewavs,Sstairways, lifts and landings. (a) A drivewav no wider than 8 feet is nermitted in the shoreland or tributary setback zone if the pro e�rty has no other fronta�e on or access to a public or private road. b�Stairways and lifts are the prefened alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in the shore setback zone and must meet the following design requirements: (1) Stairways and lifts must not exceed four feet in width. (2) Landings for stairways and lifts shall not exceed 32 square feet in area. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground,provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical. 140213v5 1 (6) Facilities necessary to provide shore area access to physically handicapped persons shall be allowed,provided that the dimensional and performance standards of subsections (1)--(5) of this section are completed in addition to the requirements of the Minnesota Regulations, chapter 1340. (7) A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade. SECTION 3. Chapter 78, Section 1288 (Shoreland Overlay District Standards-Hard cover limitations) of the Orono City Code is amended to read as follows: (a) Hardcover Allotment. The following hardcover restrictions appl t�l properties in the Shoreland Overlav District: �1) Hardcover zones. � a. Within 75 feet of the Ordinar�igh Water Level (OHWL of any lake or tributarv, no hard cover or impervious surface shall be placed, located or constructed ��i+h:n 75 ��* ��'*�� a��-�• ��- + > > �' �.,.,� � «... ., ....a�, �=y '"''� "r �'�••*��, except for drivewavs, stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. �b,�. Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hardcover. c. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. d. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. (2) Zone to Zone Credit/Debit. a. The allowed allotment of hardcover for the 250 feet to 500 feet zone or the 500 feet to 1000 feet zone mav be increased up to an unused sQuare foota�e of allowable hardcover of a zone closer to the OHWL b. Unused hardcover cannot be transferred to a zone closer to the OHWL. c. If hardcover is credited from one zone to another additional hardcover mav not be later added to the zone closer to the OHWL if the presence of such hardcover would have prevented the creditin� d. The allowed hardcover in any zone shall be decreased bv the amount of leQal non-conforming hardcover in the zone next closer to the OHWL. (b) Additional hardcover provisions (1) Overhan�s: a. Where an overhan i� s supported b�a post the area under the overhanQ to the outer edge of thepost shall be considered as hardcover b. All but the outer two feet of an unsupported overhan� 10 feet or more off the Qround shall be considered hardcover 140213v5 2 The following drawings are included for illustrative purposes: [Drawing 1] �2) Decks: Hardcover may be added under a deck attached to a principal structure if the deck is conformin�or l�al nonconforming and the added hardcover is otherwise permitted. �3) Driveway easements: The followin�principlep s applv where one�or more properties (secondarv propertv) Qain its driveway access from an adjacent propert�primar�property�v virtue of a driveway easement: a. that portion of the drivewav on the primarv property that serves both the primarv and secondar�propertv is considered hardcover for the primar�propert� b. that portion of the drivewav on the primarv property that serves only the secondarYproperty is not considered hardcover for either the primar,y or secondar�property, c. the area of the drivewav on the primar�propertv that serves only the secondarv propertv shall not be included in the lot area of the primary propertv for purposes of calculating hardcover. The following drawings are included for illustrative purposes: [Drawing 2] �c� Future improvements. The following items shall be included in hardcover calculations regardless of whether thev are proposed to be construction at the time of buildin�permit application: (11 Proof of a two-car gara�e (detached or attached� �2) For all gara�es a drivewav, subject to the standards in para�raph(d) of this section. (3) A 24 inch wide sidewalk from the front door to the drivewaY �4) The minimum stairwav or landing at all exterior doors as reauired b �� buildin c� ode. (d) Driveways. All driveways shall complv with the followin�minimum dimensional standards: (1) Driveways serving end loading gara�es shall maintain a drivewav apron with minimum width equal to the width of the overhead door(s). For purposes of this section, a drivewav apron is that portion of a drivewav that extends 15 feet from the a�ra eg door(s� on an end loadin� a�ra.ge. (2) Drivewavs serving side loading�ara�es shall provide a minimum turn around or back up depth of 20 feet, as measured from the garage door(s). �3) Minimum driveway taper ratio shall be 2:1. (4) Drivewavs shall be at least 8 feet in width at the street or private road. �5) A turnaround shall be nrovided for a driveway with direct access to an arterial or collector roadwav, or for a side load garage as determined necessar�y 140213v5 3 Drawing 1 O Overhang � �� •� Post/Su ort � 0 � Hardcover ..: �y.:.. . a � . .: . O Overhang 2' � Wall � ._ � 0 � Hardcover Not Hardcover : � � � . .� Overhangs Drawing 2 IP"�7TT/TT/7TT�_-___-___�________- �'C�� C-\�T\""tT�-I , r � , � � � I� House � � � House j ( �C .�nn�.T,� I �,��. y I I �L/1 L/_11 U1 L/� Garage � � � Garage �� -1��-1� � . � � C y I � � ��ili � ( � �i��v � � � � � � � � � � � � � � � � � . i Primary Secondary i � Property i Properry i � � � � � � � � � L ---- ---- ---- - - —L-------- ---- ------� ---- ---- ---- ----�—� ---- ---- - --- ---- I P'�!T 7-/T T/"7 T T"� I- (�'�\� C-�-'C T\�T I �� 1 I � � I . �� House � � � House � � i� ,�n��,�,� ��,��, y i I �L/_L L/1l LJ1 L/� Garage � � � Garage �i� ��1 L�y ii I � � � y I � Lr �c�i1i � � � ��vv �I � i Primary i Secondary i i Property i Property i i i i i i i i i � � � � i i i i � � i i i i L —————— —— ——————— ——J--———————————— ——————� =Excludable area- not covered in area nor hardcover of primary lot. Also not added to the hardcover calculations for the secondary property. Driveway Easements the City Planner. The minimum dimensions of the turnaround shall be 8 feet in width bv 12 feet in depth. (6) "Wheel strip" driveways are allowed, but the entire width of the driveway (from outside to outside of the stri�s)will be considered hardcover. The following drawing is included for illustrative purposes; [Drawing 3] �e Compliance. (1) It is unlawful to convert, enlarge, or alter any structure or use any structure in a manner that violates the hardcover limitations. (2) Nonconformin�hardcover may not be relocated or expanded in any way unless the property is brought into conformance except: a. A roofline mav be chan�ed but the roof may not be extended over unroofed bortions of the structure. b. An additional stor�y be added over roofed portions of a structure. c. An open or screened porch may be converted into a two or three season porch or year round livin�space (including replacing a post foundation with a nerimeter foundationZprovided hardcover is not increased. (3) This section is independent of lot coverage re�ulations in the Citv Code. Accordinglv, a property must conform to both hardcover and lot covera�e re�ulations. SECTION 4. This ordinance shall be effective following its passage and publication. ADOPTED by the City Council of the City of Orono, Minnesota this l lth day of May, 2009. CITY OF ORONO BY: j?�1 G�/G� ames M. White, Mayor ATTEST ;�.�� U�-- Lmda S. Vee 140213v5 Q� Drawing ; �—� $' ►-- Backup Apron °O (If Required) 8'x8' Minimum Garage w 0 � � � 0 00 � � Side Load � Q, � � � � 'c �7 � Apron Depth 20' Min. End Load 4' Rad (Min) Minimum Width of � Garage Door u�i c � � o O � V Q� �+ L � � -------------------- n- Minimum Taper � Driveway Width 2:1 2 � 8' Minimum � (20' Maximum) Driveway Width --------- 1 0 8' Minimum 5' Rad. 5' Rad. (20' Maximum) Edge of Right-Of-Way ; � (Lot Line) i , � , • ' . Minimum Driveway Standards