HomeMy WebLinkAboutOrd #090-3rd Ser/Amending code re: gardens/crop farms in resid. � SUMMARY ORDINANCE NO. 90 , THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 78 OF
THE ORONO CITY CODE REGARDING GARDENS AND CROP FARMS
IN RESIDENITAL ZONING DISTRICTS
NOTICE IS HEREBY GIVEN that on December 12, 201 l, Ordinance No. 90 , Third
Series, was adopted by the City Council of the City of Orono, Minnesota.
NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance
No. 90 , Third Series, the following summary of the ordinance has been prepared for
publication.
NOTICE IS FURTHER GIVEN that the ordinance adopted by the Council amends
Chapter 78 of the Orono City Code. This ordinance amends the permitted uses within the R-lA,
R-1B, LR-lA, LR-1B, LR-1C, LR-1C-1, RR-lA, RR-1B, RR-1B-1 and RS residential zoning
districts to allow gardens and further deletes crop farms from the zoning code definitions as well
as from the LR-1 A, LR-1 B, LR-1 C, LR-1 C-1, RR-1 A, RR-1 B, RR-1 B-1, and M-6 residential
zoning districts.
A printed copy of the whole ordinance is available for inspection by any person during
the City's regular office hours.
APPROVED for publication by the City Council of the City of Orono, Minnesota on this
12`" day of December, 2011.
CITY OF ORONO
J�..L�- Q �C
Lili Tod McMillan, Mayor
ATTEST:
���%�2� .CL L!.��
Linda S. Vee, City Clerk
Published in the The Laker & The Pioneer newspapers the week of December 17, 2011 ,
ORDINANCE NO. 90 , THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY,MINNESOTA
AN ORDINANCE AMENDING THE ORONO CITY CODE ALLOWING GARDENS AS A
PERMITTED USE WITHIN ALL RESIDENTIAL DISTRICTS
THE CITY COUNCIL OF THE CITY OF ORONO,MINNESOTA ORDAINS:
SECTION 1. The following language has been deleted from Section 78-1 (Definitions)of the Orono
City Code:
, •
SECTION 2. The following language has been deleted and added to Section 78-227(Permitted Uses)of
the Orono City Code:
Sec.78-227.Permitted uses.
Within any R-lA one-family residential district,no structure or land shall be used except for one
or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
reyuired public hearings for public improvement projects,provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for
residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the placement of
the structure,notice of the proposed changes shall be mailed to all property
owners within 350 feet of the parcel on which the structure is to be located. If the
proposed structure is to be located within a public right-of-way, property owners
within 350 feet of the structure shall be mailed notice of the proposed changes.
Notice shall be mailed at least 14 days before the council meeting at which the
amended plans will be considered.
�2) Gardens.
(�� Municipal buildings.
(3r}-� Nonrental guest apartments(no exterior ingress or egress). An apartrnent within the
principal residence structure on a lot for the sole use of the occupants of the principal
residence, including their domestic employees or nonpaying guests. The only means of
ingress or egress to the apartment shall be from within the principal structure.Application
for such a guest apartment shall address the concerns of parking, sewage treatment,
Page 1 of 31
entryway and interior access method. Such apartments shall not have utilities metered
separately from the principal residence utilities and shall not have a separate street
address.
{��5,� One-family detached dwellings.
(3-}-�6,� Publicly owned parks and playgrounds.
SECTION 3. The following language has been deleted and added to Section 78-252(Permitted Uses)of
the Orono City Code.
Sec. 78-252.Permitted uses.
Within any R-1B one-family residential district, no land or structures shall be used except for one
or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects,provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for
residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the placement of
the structure,notice of the proposed changes shall be mailed to all property
owners within 350 feet of the parcel on which the structure is to be located. If the
proposed structure is to be located within a public right-of-way,property owners
within 350 feet of the structure shall be mailed notice of the proposed changes.
Notice shall be mailed at least 14 days before the council meeting at which the
amended plans will be considered.
(2� Gardens.
(�� Municipal buildings.
(�}-(41 Nonrental guest apartments(no exterior ingress ar egress).An aparhnent within the
principal residence structure on a lot for the sole use of the occupants of the principal
residence, including their domestic employees or nonpaying guests. The only means of
ingress or egress to the apartment shall be from within the principal structure. Application
for such a guest apartment shall address the concerns of parking, sewage treatment,
entryway and interior access method. Such apartments shall not have utilities metered
separately from the principal residence utilities and shall not have a separate street
address.
f4}�5,� One-family detached dwellings.
(�-(6) Publicly owned parks and playgrounds.
Page 2 of 31
SECTION 4. The following language has been deleted and added to Sections 78-302(Permitted Uses)
and 78-303 (Conditional Uses)of the Orono City Code.
Sec. 78-302.Permitted uses.
Within the LR-lA one-family lakeshore residential district,no land or structures shall be used
except for one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects,provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for
residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the placement of
the structure,notice of the proposed changes shall be mailed to all property
� owners within 350 feet of the parcel on which the structure is to be located.If the
proposed structure is to be located within a public right-of-way, property owners
within 350 feet of the structure shall be mailed notice of the proposed changes.
Notice shall be mailed at least 14 days before the council meeting at which the
amended plans will be considered.
�2) Gardens.
(?}� Municipal buildings.
f 33-� Nonrental guest apartments(no exterior ingress or egress). An apartment within the
principal residence structure on a lot for the sole use of the occupants of the principal
residence, including their domestic employees or nonpaying guests. The only means of
ingress or egress to the apartment shall be from within the principal structure.Application
for such a guest apartment shall address the concerns of parking, sewage treatment,
entryway and interior access method. Such apartments shall not have utilities metered
separately from the principal residence utilities and shall not have a separate street
address.
f4-}� One-family detached dwellings.
,��`-(6) Publicly owned parks and playgrounds.
Sec. 78-303. Conditional uses.
Within any LR-lA one-family lakeshore residential district,no structure or land shall be used for the
following uses except by conditional use permit:
� •
TL.e e ..+e« .. e e
�. .
Page 3 of 31
. ,
�,...+,...,.r+t„r.-.Y.
(��1,� Golf courses,country clubs,tennis clubs,non-profit camps, and religious camps,
provided that:
a. All principal buildings are located at least 100 feet from any adjacent property
zoned for residential use; and
b. All accessory buildings and structures more than six feet in height are located at
least 50 feet from any adjacent property zoned for residential use.
��2,� Guest houses and nonrental guest apartments.
a. Guest houses,provided that:
1. The lot is at least two times the minimum lot area required by this
section; and
2. The guest house is for the sole use of the occupants of the principle
dwelling, including their domestic employees and nonpaying guests.
b. Guest apartments with exterior ingress and egress,provided that:
1. The application for a guest apartment adequately addresses the concerns
of parking, sewage treatment, exterior access method,and interior access
method;
2. There is at least one access door to the apartment from inside the
principal dwelling and this door is the primary means of accessing the
apartment;
3. The guest apartment does not have a separate address;
4. The guest apartment's utilities are not metered separately from the
principal dwelling; and
5. The guest apartment is for the sole use of the occupants of the principal
dwelling, including their domestic employees and nonpaying guests.
�� Keeping of farm animals for noncommercial purposes and for the use of the occupants of
premises,provided that:
a. Where the applicant requests a conditional use permit to keep horses,there must
be at least one acre for the dwelling and two acres of open pasture for the first
horse.If the applicant requests a conditional use permit to keep more than one
horse,the properiy must have one additional acre of open pasture for each
additional horse. Calculations of minimum pasture acreage shall not include any
Page 4 of 31
land defined as a wetland or wetland buffer under section 78-1602. When horses
are kept stabled and do not require pasture for feed purposes,the minimum
pasture requirement may be adjusted at the discretion of the council.
b. Where the applicant requests a conditional use permit to keep farm animals other
than horses,there must be at least one acre for the dwelling and one acre for each
� animal unit. Calculations of minimum acreage required shall not include any land
defined as a wetland or wetland buffer under section 78-1602.
c. Any building or structure associated with the animals is located more than 150
feet from the nearest adjacent residence and at least 75 feet from the neazest lot
line.
d. The use is operated in compliance with Chapter 62,Animals.
(�� Places of worship,provided that all buildings and structures, except columbaria, are
located at least 50 feet from any adjacent properly zoned for residential use.
(�}� Planned residential development, limited to detached single-family dwellings only and
subject to the limitations of division 10 of this�article.
(�-}�6,� Public service structures,provided that:
a. All buildings aze located at least 50 feet from any adjacent property zoned for
residential use; and
b. The architectural design of the structure is compatible with the architectural
design of the surrounding area.
(�� Provision of a bathtub or shower in an accessory building. Approval shall be conditioned
on provision of municipal sanitary sewer or a conforming sewage treatment system
designed to handle the anticipated flows from the building plumbing.Approval shall be
granted only when the following criteria are met:
a. The council finds that the proposed use of the accessory structure with a bathtub
or shower will not be detrimental to the residential character of the
neighborhood.
b. The council finds that the plumbing fixtures proposed are in keeping with the
intended use of the accessory building.
c. The accessory building is conforming in location, size and height.
d. The property owner agrees to the filing of a covenant in the title of the property
providing that the accessory building will not be:
1. Used for a home occupation unless specifically approved by the city or if
allowed by this Code.
2. Used as a dwelling unless a guest house conditional use permit is
obtained.
Page 5 of 31
3. Rented, leased or otherwise provided for use as a dwelling under any
circumstances.
(�� Schools, daycare centers, uses accessory to a high school.
a. Pre-kindergarten,primary and secondary public schools and private schools with
a curriculum similar to a pre-kindergarten,primary or secondary school. Schools
may include before and after school care for students.
b. Daycare centers,nursery schools and similar programs that are not associated
, with a public or private school and serve pre-kindergarten children.
c. Indoor ice arenas accessory to a high school provided the arena, including
accessory uses, is:
1. Located on the same ta��parcel as the high school to which it is accessory
and is owned by the local school district;
2. Not separated from the high school building by a public road;
3. Operated by the school district or by a nonprofit organization;and
4. All structures are located at least 50 feet from any adjacent property
zoned for residential use.
(�}�Two-family dwelling,provided that:
a. Public sanity sewer service is available;
b. The lot is adjacent to a commercial or industrial parcel;
c. The dwelling is within 200 feet of the commercial or industrial parcel; and
d. The design of the dwelling is compatible with the surrounding residences.
(�-} l 0 Columbaria,provided that all portions of columbaria located at or below ground shall
be located at least five feet from any adjacent lot line and at least 50 feet from principal
structures located on any adjacent property,whether such property is zoned for
residential or non-residential use.All portions of columbaria located above ground shall
meet the following standards:
a. Located at least ten feet from property boundaries.
b. Located at least 50 feet from principal structures located on any adjacent
property,whether such property is zoned for residential or non-residential use.
c. Located at least ten feet from the edge of the paved,traveled roadway.
d Shall not exceed eight feet in height including any appurtenances.
Page 6 of 31
e. Direct views from all adjoining residential parcels shall be buffered by
appropriate means.
SECTION 5. The following language has been deleted and added to Sections 78-327 (Permitted Uses)
and 78-328(Conditional Uses)of the Orono City Code.
Sec. 78-327.Permitted uses.
Within the LR-1B one-family lakeshore residential district,no land or structure shall be used
except for one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects,provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for
residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the placement of
the structure,notice of the proposed changes shall be mailed to all property
owners within 350 feet of the parcel on which the structure is to be located. If the
proposed structure is to be located within a public right-of-way,property owners
within 350 feet of the structure shall be mailed notice of the proposed changes.
Notice shall be mailed at least 14 days before the council meeting at which the
amended plans will be considered.
(2) Gardens.
(�}� Municipal buildings.
(�-}-� Nonrental guest apartments(no exterior ingress or egress). An apartment within the
principal residence structure on a lot for the sole use of the occupants of the principal
residence, including their domestic employees or nonpaying guests. The only means of
ingress or egress to the apariment shall be from within the principal structure. Application
for such a guest apartment shall address the concerns of parking, sewage treatment,
entryway and interior access method. Such apartments shall not have utilities metered
separately from the principal residence utilities and shall not have a separate street
address.
��5,� One-family detached dwellings.
�� Publicly owned parks and playgrounds.
Sec.78-328. Conditional uses.
Within any LR-1B one-family lakeshore residential district,no structure or land shall be used for
the following uses except by conditional use permit:
F�j----E-�e� �a����a-:�
Page 7 of 31
TL.� .. ,.�e., ,.
�. 'Tl' .....,.., '�....��' '•�j:_ �...-rt -'- �fV- ---- �-- +l,e...-.,..o.a-.... .---- -•.+l,o
.. ""b.. .. ,..� _ _r'_ _ r__r___�
�o....+,...,.�+�.o �.....
e. �rw e ,i...:�a:..,... ,..-�,.,,,.�,...o��:,.�.e t.,.,a ��t,�:+t,.,,, �t,�..�
b �a... ........ .... ......' "'
.,ll,,...e,7 F.-.. ..:.1e..4:..1 ,
(�}�1,� Golf courses,country clubs,tennis clubs, non-profit camps, and religious camps,
provided that:
a. All principal buildings are located at least 100 feet from any adjacent property
zoned for residential use; and
b. All accessory buildings and structures more than six feet in height are located at
least 50 feet from any adjacent property zoned for residential use.
(�-}� Guest houses and nonrental guest apartments.
a. Guest houses,provided that:
1. The lot is at least two times the minimum lot area required by this
section; and
2. The guest house is for the sole use of the occupants of the principle
dwelling, including their domestic employees and nonpaying guests.
b. Guest apartments with exterior ingress and egess,provided that:
1. The application for a guest aparhnent adequately addresses the concerns
of parking, sewage treatment, exterior access method,and interior access
method;
2. There is at least one access door to the aparhnent from inside the
principal dwelling and this door is the primary means of accessing the
apartment;
3. The guest apartment does not have a separate address;
4. The guest apartment's utilities are not metered separately from the
principal dwelling; and
5. The guest apariment is for the sole use of the occupants of the principal
dwelling, including their domestic employees and nonpaying guests.
(-4-}� Keeping of fann animals for noncommercial purposes and for the use of the occupants of
premises, provided that:
a. Where the applicant requests a conditional use permit to keep horses,there must
be at least one acre for the dwelling and two acres of open pasture for the first
Page 8 of 31
horse. If the applicant requests a conditional use permit to keep more than one
horse,the property must have one additional acre of open pasture for each
additional horse. Calculations of minimum pasture acreage shall not include any
land defined as a wetland or wetland buffer under section 78-1602. When horses
are kept stabled and do not require pasture for feed purposes,the minimum
pasture requirement may be adjusted at the discretion of the council.
b. Where the applicant requests a conditional use permit to keep farm animals other
than horses,there must be at least one acre for the dwelling and one acre for each
animal unit. Calculations of minimum acreage required shall not include any land
defined as a wetland or wetland buffer under section 78-1602.
c. Any building or structure associated with the animals is located more than 150
feet from the nearest adjacent residence and at least 75 feet from the nearest lot
Iine.
d. The use is operated in compliance with Chapter 62,Animals.
(3-}� Places of worship, provided that all buildings and structures, except columbaria,are
located at least 50 feet from any adjacent property zoned for residential use.
�� Planned residential development, limited to detached single-family dwellings only and
subject to the Iimitations of division 10 of this article.
(�}� Public service structures,provided that:
a. All buildings are located at least 50 feet from any adjacent properiy zoned for
residential use; and
b. The architectural design of the structure is compatible with the architectural
design of the surrounding area.
(8�� Provision of a bathtub or shower in an accessory building. Approval shall be conditioned
on provision of municipal sanitary sewer or a conforming sewage treatment system
designed to handle the anticipated flows from the building plumbing.Approval shall be
granted only when the following criteria are met:
a. The council finds that the proposed use of the accessory structure with a bathtub
or shower will not be detrimental to the residential character of the
neighborhood.
b. The council finds that the plumbing fixtures proposed are in keeping with the
intended use of the accessory building.
c. The accessory building is conforming in location, size and height.
d. The property owner agrees to the filing of a covenant in the title of the property
providing that the accessory building will not be:
1. Used for a home occupation unless specifically approved by the city or if
allowed by this Code.
Page 9 of 31
2. Used as a dwelling unless a guest house conditional use permit is
obtained.
3. Rented, leased or otherwise provided for use as a dwelling under any
circumstances.
�}},� Schools, daycare centers,uses accessory to a high school.
a. Pre-kindergarten,primary and secondary public schools and private schools with
a curriculum similar to a pre-kindergarten,primary or secondary school. Schools
may include before and after school care for students.
b. Daycare centers,nursery schools and similar programs that are not associated
with a public or private school and serve pre-kindergarten children.
c. Indoor ice arenas accessory to a high school provided the arena, including
accessory uses, is:
1. Located on the same tax parcel as the high school to which it is accessory
and is owned by the local school district;
2. Not separated from the high school building by a public road;
3. Operated by the school district or by a nonprofit organization; and
4. All structures are located at least 50 feet from any adjacent property
zoned for residential use.
(�A��Two-family dwelling,provided that:
a. Public sanity sewer service is available;
b. The lot is adjacent to a commercial or industrial parcel;
c. The dwelling is within 200 feet of the commercial or industrial parcel; and
d. The design of the dwelling is compatible with the surrounding residences.
(�1� 10 Columbaria,provided that all portions of columbaria located at or below ground shall
be located at least five feet from any adjacent lot line and at least 50 feet from principal
structures located on any adjacent property,whether such property is zoned for
residential or non-residential use. All portions of columbaria located above ground shall
meet the following standards:
a. Located at least ten feet from property boundaries.
b. Located at least 50 feet from principal structures located on any adjacent
property,whether such property is zoned for residential or non-residential use.
c. Located at least ten feet from the edge of the paved,traveled roadway.
Page 10 of 31
d Shall not exceed eight feet in height including any appurtenances.
e. Direct views from all adjoining residential parcels shall be buffered by
appropriate means.
SECTION 6. The following]anguage has been deleted and added to Sections 78-347 (Permitted Uses)
and 78-348(Conditional Uses)of the Orono City Code.
Sec. 78-347.Permitted uses.
Within the LR-1C one-family lakeshore residential district, no land or structure shall be used
except for one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent properiy zoned for
residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the placement of
the structure,notice of the proposed changes shall be mailed to all property
owners within 350 feet of the parcel on which the structure is to be located.If the
proposed structure is to be located within a public right-of-way,property owners
within 350 feet of the structure shall be mailed notice of the proposed changes.
Notice shall be mailed at least 14 days before the council meeting at which the
amended plans will be considered.
�2) Gardens.
(�� Municipal buildings.
{�� Nonrental guest apartments(no exterior ingress or egress).An apartment within the
principal residence structure on a lot for the sole use of the occupants of the principal
residence, including their domestic employees or nonpaying guests. The only means of
ingress or egress to the apartment shall be from within the principal structure. Application
for such a guest apartment shall address the concerns of pazking, sewage treatment,
entryway and interior access method. Such apartments shall not have utilities metered
separately from the principal residence utilities and shall not have a separate street
address.
f4}� One-family detached dwellings.
(3�� Personal wireless service antennas and towers.
a. Purpose and intent. The purpose of subsection(4)of this section is to establish
predictable, balanced regulations for the siting and screening of wireless
communications equipment in order to accommodate the growth of wireless
Page 1 I of 31
communication systems within the city while protecting the public against any
adverse impacts on the city's aesthetic resources and the public welfare.
b. Personal wireless service antennas. Personal wireless service antennas erected
on a municipal water tower may be allowed as a secondary use by administrative
permit, provided they comply with the city policy regarding the use of city-
owned property for wireless telecommunication antennas and provided they meet
the following conditions:
1. The antenna shall be in compliance with the state building code and all
other applicable federal and state regulations and permits.
2. Structural design,mounting and installation of the antenna shall be in
compliance with manufacturer's specifications and shall be verified and
approved by a registered professional engineer.
3. No advertising message shall be affixed to the antenna.
4. Antennas shall not be artificially illuminated unless required by law or
by the Federal Aviation Administration(FAA)to protect the public's
health and safety.
5. When applicable,proposals to erect new antennas shall be accompanied
by any required federal, state, or local agency licenses.
6. Transmitting,receiving,and switching equipment shall be housed within
the existing structure.If a new equipment building is necessary for
transmitting,receiving and switching equipment, it shall be situated in
the rear yard of the principal use and shall be screened from view by
landscaping.
7. All obsolete and unused antennas shall be removed within 12 months of
cessation of operation at the site,unless an exemption is granted by the
city administrator or designee. The removal shall be the responsibility of
the communication provider.
8. Antennas shall utilize camouflaging techniques or shall be side-mounted
to an antenna support structure in order that such facilities are compatible
with the character and environment of the area in which they are located.
9. The applicant shall demonstrate by providing a coverage/interference
analysis and capacity analysis prepared by a registered professional
engineer that the location of the antenna as proposed is necessary to meet
the frequency spacing needs of the personal wireless service system and
to provide adequate portable personal wireless service coverage and
capacity to the area.
(-6��7,� Publicly owned parks and playgrounds.
Page 12 of 31
Sec. 78-348. Conditional uses.
Within any LR-1 C one-family lakeshore residential district,no structure or land shall be used for
the following uses without a conditional use permit:
r�� r..,.., �...Y.� �;aoa +t��t.
, ^ .
Tl.e �+e
v. Trr�'i ,� ..,� .,.. 'a:.:11� .. �« �L.�1:�...'a e....e..+�. .,.� F r+L.o.. .,o,a-., .,.."_' .,-+l�
... ..:b� ... . .�� � ..r..�., �., .....r.��r,.. �� "_
��,�+�
Tl.. .1....:1.1:.....� ,.«..+...,,.�-,.«e� .,..�l,e 1.,...1 .,+L,o..+1,�„tl,.,�o
, � b i�aivov
.,ll...,.e.7 F r ., ..:.�lo«�:.,1 .
(�� Golf courses,country clubs,tennis clubs, non-profit camps, and religious camps,
provided that:
a. All principal buildings are located at least 100 feet from any adjacent properiy
zoned for residential use; and
b. All accessory buildings and structures more than six feet in height are located at
least 50 feet from any adjacent property zoned for residential use.
(�� Guest houses and nonrental guest apartments.
a. Guest houses, provided that:
1. The lot is at least two times the minimum lot area required by this
section; and
2. The guest house is for the sole use of the occupants of the principle
dwelling, including their domestic employees and nonpaying guests.
b. Guest apartments with exterior ingress and egress,provided that:
1. The application for a guest aparhnent adequately addresses the concerns
of parking, sewage treatment,exterior access method, and interior access
method;
2. There is at least one access door to the apartment from inside the
principal dwelling and this door is the primary means of accessing the
apartment;
3. The guest apartment does not have a separate address;
4. The guest apartment's utilities are not metered separately from the
principal dwelling; and
5. The guest apartrnent is for the sole use of the occupants of the principal
dwelling, including their domestic employees and nonpaying guests.
Page 13 of 31
(�� Keeping of farm animals for noncommercial purposes and for the use of the occupants of
premises,provided that:
a. Where the applicant requests a conditional use permit to keep horses,there must
be at least one acre for the dwelling and two acres of open pasture for the first
horse.If the applicant requests a conditional use permit to keep more than one
horse,the property must have one additional acre of open pasture for each
additional horse. Calculations of minimum pasture acreage shall not include any
land defined as a wetland or wetland buffer under section 78-1602. When horses
are kept stabled and do not require pasture for feed purposes,the minimum
pasture requirement may be adjusted at the discretion of the council.
b. Where the applicant requests a conditional use permit to keep farm animals other
than horses,there must be at least one acre for the dwelling and one acre for each
animal unit. Calculations of minimum acreage required shall not include any land
defined as a wetland or wetland buffer under section 78-1602.
c. Any building or structure associated with the animals is located more than 150
feet from the nearest adjacent residence and at least 75 feet from the nearest lot
line.
d. The use is operated in compliance with Chapter 62,Animals.
(�}� Personal wireless service antennas. Personal wireless service antennas erected on a
municipal structure other than a water tower may be allowed as a conditional use if they
meet the following criteria:
a. Such antennas must be in compliance with the city policy regarding the use of
city-owned property for wireless telecommunication antennas;
b. Such antennas must meet the conditions listed for personal wireless service
antennas as a permitted use in the LR-1C zoning district.
c. Such antennas may be located in the following locations:
1. Co-located on an existing city emergency warning siren tower.
2. Co-located on a replacement city emergency warning siren tower,with a
height not to exceed 75 feet.
3. Co-located on a new city emergency warning siren tower, at a location
that meets the city's emergency warning needs,with a height not to
exceed 75 feet.
d. Such antennas shall meet the following performance standards:
1. The antennas must be located on the existing emergency warning sirens
poles, unless the height of the existing pole, or the capacity of the
existing pole to support both the siren and the antenna(s) is inadequate to
minimally meet the needs of the carrier. In this case,the carrier may be
Page 14 of 31
allowed to install a replacement tower that will accommodate both the
emergency warning siren and the telecommunications antenna(s). The
existing emergency siren towers can be replaced with towers with a
maximum height of 75 feet,with the condition that the tower
accommodates both the emergency warning siren and the
telecommunications antenna(s).The city may also require the tower to
have the capability of accommodating one additional carrier's antenna(s).
2. A new emergency warning siren tower location, selected by the city to
meet its emergency warning needs, could also be used as a
telecommunications antenna site through co-location of the warning siren
and antenna. The standards set out in 1. above also apply to a siren tower
in a new location.
3. The height of a tower can be no higher than the minimum height required
to address a gap in coverage.
4. The setback of a tower from a properiy line must, at minimum,be equal
to the height of the tower, except where an existing emergency warning
siren is located on a site that does not enable this setback too be
provided.
5. A carrier must demonstrate through an engineering analysis that there is
a gap in coverage.
6. At the city's discretion,a tower must be designed to structurally enable
co-location by another carrier,and the carrier must agree to allow co-
location.
7. The canier must provide computer-generated photos showing the views
(as selected by the city)with and without the tower.
8. All consultant analysis and legal analysis related to the towers and the
lease of the towers shall be paid by the carrier.
9. The carrier is required to provide coverage maps to demonstrate the
specific gap in coverage and need for an additional tower and antenna(s),
and to demonstrate there are no e�cisting tower options within a radius of
two miles that could accommodate the carrier's antenna needs.
10. The size of the cabinets on the ground needed to house the support
equipment for the antennas is limited to the minimum necessary size,as
determined by the city council.Appropriate vegetative screening of
ground cabinets shall be provided by the carrier, subject to approval by
the city council. The council at its discretion may allow the use of non-
vegetative screening methods such as berming,fencing,etc.
11. "Stealth"-type antennas(cylindrical)vs. an array of panels,is required if
the technology is available.
12. Only monopole towers are allowed.
Page 15 of 31
(�}� Places of worship,provided that all buildings and structures, except columbaria, are
located at least 50 feet from any adjacent property zoned for residential use.
(�� Planned residential development, limited to detached single-family dwellings only and
subject to the limitations of division 10 of this article.
(�� Public service structures, provided that:
a. All buildings are located at least SO feet from any adjacent property zoned for
residential use; and
b. The architectural design of the structure is compatible with the architectural
design of the surrounding area.
{�� Provision of a bathtub or shower in an accessory building.Approval shall be conditioned
on provision of municipal sanitary sewer or a conforming sewage treatment system
designed to handle the anticipated flows from the building plumbing. Approval shall be
granted only when the following criteria are met:
a. The council finds that the proposed use of the accessory structure with a bathtub
or shower will not be detrimental to the residential character of the
neighborhood.
b. The council finds that the plumbing fixtures proposed are in keeping with the
intended use of the accessory building.
c. The accessory building is conforming in location, size and height.
d. The property owner agrees to the filing of a covenant in the title of the property
providing that the accessory building will not be:
1. Used for a home occupation unless specifically approved by the city or if
allowed by this Code.
2. Used as a dwelling unless a guest house conditional use permit is
obtained.
3. Rented, leased or otherwise provided for use as a dwelling under any
circumstances.
(�}�9,�Schools, daycare centers,uses accessory to a high school.
a. Pre-kindergarten,primary and secondary public schools and private schools with
a curriculum similar to a pre-kindergarten,primary or secondary school. Schools
may include before and after school care for students.
b. Daycare centers,nursery schools and similar programs that are not associated
with a public or private school and serve pre-kindergarten children.
Page 16 of 31
c. Indoor ice arenas accessory to a high school provided the arena, including
accessory uses, is:
1. Located on the same tax parcel as the high school to which it is accessory
and is owned by the local school district;
2. Not separated from the high school building by a public road;
3. Operated by the school district or by a nonprofit organization; and
4. All structures are located at least 50 feet from any adjacent properly
zoned for residential use.
{-��10�Two-family dwelling,provided that:
a. Public sanity sewer service is available;
b. The lot is adjacent to a commercial or industrial parcel;
c. The dwelling is within 200 feet of the commercial or industrial parcel; and
d. The design of the dwelling is compatible with the surrounding residences.
(��Columbaria,provided that all portions of columbaria located at or below ground shall be
located at least five feet from any adjacent lot line and at least 50 feet from principal
structures located on any adjacent property,whether such property is zoned for
residential or non-residential use. All portions of columbaria located above ground shall
meet the following standards:
a. Located at least ten feet from property boundaries.
b. Located at least 50 feet from principal structures located on any adjacent
property,whether such property is zoned for residential or non-residential use.
c. Located at least ten feet from the edge of the paved,traveled roadway.
d Shall not exceed eight feet in height including any appurtenances.
e. Direct views from all adjoining residential parcels shall be buffered by
appropriate means.
SECTION 7. The following language has been deleted and added to Sections 78-366(Permitted Uses)
and 78-367(Conditional Uses)of the Orono City Code.
Sec. 78-366.Permitted uses.
Within the LR-1C-1 one-family lakeshore residential district,no land or structure shall be used
except for one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects, provided that:
Page 17 of 31
a. All buildings are located at least 50 feet from any adjacent property zoned for
residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the placement of
the structure,notice of the proposed changes shall be mailed to all property
owners within 350 feet of the parcel on which the structure is to be located. If the
proposed structure is to be located within a public right-of-way,property owners
within 350 feet of the structure shall be mailed notice of the proposed changes.
Notice shall be mailed at least 14 days before the council meeting at which the
amended plans will be considered.
(2) Gardens.
(�}� Municipal buildings.
{�� Nonrental guest apartments(no exterior ingress or egress). An apartment within the
principal residence structure on a lot for the sole use of the occupants of the principal
residence, including their domestic employees or nonpaying guests. The only means of
ingress or egress to the apartment shall be from within the principal structure. Application
for such a guest apartment shall address the cancerns of parking, sewage treatment,
entryway and interior access method. Such apartments shall not have utilities metered
separately from the principal residence utilities and shall not have a separate street
address.
(�� One-family detached dwellings.
{5�� Personal wireless service antennas and towers.
a. Purpose and intent. The purpose of subsection(4)of this section is to establish
predictable,balanced regulations for the siting and screening of wireless
communications equipment in order to accommodate the growth of wireless
communication systems within the city while protecting the public against any
adverse impacts on the city's aesthetic resources and the public welfare.
b. Personal wireless service antennas. Personal wireless service antennas erected
on a municipal water tower may be allowed as a secondary use by administrative
permit,provided they comply with the city policy regarding the use of city-
owned property for wireless telecommunication antennas and provided they meet
the following conditions:
1. The antenna shall be in compliance with the state building code and all
other applicable federal and sta.te regulations and permits.
2. Structural design,mounting and installation of the antenna shall be in
compliance with manufacturer's specifications and shall be verified and
approved by a registered professional engineer.
Page 18 of 31
3. No advertising message shall be a�xed to the antenna.
4. Antennas shall not be artificially illuminated unless required by law or
by the Federal Aviation Administration(FAA)to protect the public's
health and safety.
5. When applicable,proposals to erect new antennas shall be accompanied
by any required federal, state, or local agency licenses.
6. Transmitting,receiving, and switching equipment shall be housed within
the existing structure.If a new equipment building is necessary for
transmitting,receiving and switching equipment, it shall be situated in
the rear yard of the principal use and sha11 be screened from view by
landscaping.
7. All obsolete and unused antennas shall be removed within 12 months of
cessation of operation at the site, unless an exemption is granted by the
city administrator or designee. The removal shall be the responsibility of
the communication provider.
8. Antennas shall utilize camouflaging techniques or shall be side-mounted
to an antenna support structure in order that such facilities are compatible
with the character and environment of the area in which they are located.
9. The applicant shall demonstrate by providing a coverage/interference
analysis and capacity analysis prepared by a registered professional
engineer that the location of the antenna as proposed is necessary to meet
the frequency spacing needs of the personal wireless service system and
to provide adequate porta.ble personal wireless service coverage and
capacity to the area.
(�-}� Publicly owned parks and playgrounds.
Sec. 78-367. Conditional uses.
Within the LR-1C-1 one-family lakeshore residential district,no structure or land shall be used
for the following uses without a conditional use permit:
�i� r-v..,.� �......� .;aoa�t,,,..
,^ .
Tl.., .. ..+o., ..
v. Tl.o e ., .�1<,oll: ���a1oY,a� ,..�� e�..N..e �,w. e«,.«+1,�
� 7 v•"`vi-vc�.
�o....�..«..F+L..,F«....
T6. L, :l.a' *,.....t. �L. 1 !i ..�a e..+L,,,.,�L..,..e
E. rnciv'itic-iiv-uvvv�Svi��si�ru-iii�� vi-;�srcrvcurw oixzcxc-i�:u o �.. ...»,. .......,..
(�� Golf courses, country clubs,tennis clubs, non-profit camps, and religious camps,
provided that:
Page 19 of 31
a. All principal buildings are located at least 100 feet from any adjacent property
zoned for residential use; and
b. All accessory buildings and structures more than six feet in height are located at
least 50 feet from any adjacent properiy zoned for residential use.
(��2,� Guest houses and nonrental guest apartments.
a. Guest houses, provided that:
1. The lot is at least two times the minimum lot area required by this
section; and
2. The guest house is for the sole use of the occupants of the principle
dwelling, including their domestic employees and nonpaying guests.
b. Guest aparhnents with exterior ingress and egress, provided that:
1. The application for a guest apartment adequately addresses the concerns
of parking, sewage treatment, exterior access method,and interior access
method;
2. There is at least one access door to the apartment from inside the
principal dwelling and this door is the primary means of accessing the
apartment;
3. The guest apartment does not have a separate address;
4. The guest apartment's utilities are not metered separately from the
principal dwelling; and
5. The guest apartment is for the sole use of the occupants of the principal
dwelling, including their domestic employees and nonpaying guests.
(��3,� Keeping of farm animals for noncommercial purposes and for the use of the occupants of
premises, provided that:
a. Where the applicant requests a conditional use permit to keep horses,there must
be at least one acre for the dwelling and two acres of open pasture for the first
horse. If the applicant requests a conditional use permit to keep more than one
horse,the property must have one additional acre of open pasture for each
additional horse. Calculations of minimum pasture acreage shall not include any
land defined as a wetland or wetland buffer under section 78-1602. When horses
are kept stabled and do not require pasture for feed purposes,the minimum
pasture requirement may be adjusted at the discretion of the council.
b. Where the applicant requests a conditional use permit to keep farm animals other
than horses,there must be at least one acre for the dwelling and one acre for each
animal unit. Calculations of minimum acreage required shall not include any land
defined as a wetland or wetland buffer under section 78-1602.
Page 20 of 31
c. Any building or structure associated with the animals is located more than 150
feet from the nearest adjacent residence and at least 75 feet from the nearest lot
line.
d. The use is operated in compliance with Chapter 62,Animals.
(3�� Personal wireless service antennas.Personal wireless service antennas erected on a
municipal structure other than a water tower may be allowed as a conditional use if they
meet the following criteria:
a. Such antennas must be in compliance with the city policy regarding the use of
city-owned property for wireless telecommunication antennas;
b. Such antennas must meet the conditions listed for personal wireless service
antennas as a permitted use in the LR-1 C zoning district.
c. Such antennas may be located in the following locations:
1. Co-located on an existing city emergency warning siren tower.
2. � Co-located on a replacement city emergency warning siren tower,with a
height not to exceed 75 feet.
3. Co-located on a new city emergency warning siren tower, at a location
that meets the city's emergency warning needs,with a height not to
exceed 75 feet.
d. Such antennas shall meet the following performance standards:
1. The antennas must be located on the existing emergency warning sirens
poles,unless the height of the existing pole, or the capacity of the
existing pole to support both the siren and the antenna(s) is inadequate to
minimally meet the needs of the carrier. In this case,the carrier may be
allowed to install a replacement tower that will accommodate both the
emergency warning siren and the telecommunications antenna(s). The
existing emergency siren towers can be replaced with towers with a
maximum height of 75 feet,with the condition that the tower
accommodates both the emergency warning siren and the
telecommunications antenna(s). The city may also require the tower to
have the capability of accommodating one additional carrier's antenna(s).
2. A new emergency warning siren tower location, selected by the city to
meet its emergency warning needs,could also be used as a
telecommunications antenna site through co-location of the warning siren
and antenna. The standards set out in 1. above also apply to a siren tower
in a new location.
3. The height of a tower can be no higher than the minimum height required
to address a gap in coverage.
Page 21 of 31
4. The setback of a tower from a property line must,at minimum, be equal
to the height of the tower,except where an existing emergency warning
siren is located on a site that does not enable this setback too be
provided.
5. A carrier must demonstrate through an engineering analysis that there is
a gap in coverage.
6. At the city's discretion,a tower must be designed to structurally enable
co-location by another carrier, and the canier must agree to allow co-
location.
7. The carrier must provide computer-generated photos showing the views
(as selected by the ciry)with and without the tower.
8. All consultant analysis and legal analysis related to the towers and the
lease of the towers shall be paid by the carrier.
9. The carrier is required to provide coverage maps to demonstrate the
specific gap in coverage and need for an additional tower and antenna(s),
and to demonstrate there are no existing tower options within a radius of
two miles that could accommodate the carrier's antenna needs.
10. The size of the cabinets on the ground needed to house the support
equipment for the antennas is limited to the minimum necessary size,as
determined by the city council.Appropriate vegetative screening of
ground cabinets shall be provided by the carrier, subject to approval by
the city council. The council at its discretion may allow the use of non-
vegetative screening methods such as berming, fencing, etc.
11. "Stealth"-type antennas(cylindrical)vs. an array of panels, is required if
the technology is available.
12. Only monopole towers are allowed.
(�}� Places of worship,provided that all buildings and structures, except columbaria, are
located at least 50 feet from any adjacent property zoned for residential use.
�}� Planned residential development, limited to detached single-family dwellings only and
subject to the limitations of division 10 of this article.
�}� Public service structures, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for
residential use; and
b. The architectural design of the structure is compatible with the architectural
design of the surrounding area.
(�� Provision of a bathtub or shower in an accessory building.Approval shall be conditioned
on provision of municipal sanitary sewer or a conforming sewage treatment system
Page 22 of 31
designed to handle the anticipated flows from the building plumbing. Approval shall be
granted only when the following criteria are met:
a. The council finds that the proposed use of the accessory structure with a bathtub
or shower will not be detrimental to the residential character of the
neighborhood.
b. The council finds that the plumbing fixtures proposed are in keeping with the
intended use of the accessory building.
c. The accessory building is conforming in location, size and height.
d. The property owner agrees to the filing of a covenant in the title of the property
providing that the accessory building will not be:
1. Used for a home occupation unless specifically approved by the city or if
allowed by this Code.
2. Used as a dwelling unless a guest house conditional use permit is
obtained.
3. Rented, leased or otherwise provided for use as a dwelling under any
circumstances.
(-�9��9,�Schools,daycare centers, uses accessory to a high school.
a. Pre-kindergarten, primary and secondary public schools and private schools with
a curriculum similar to a pre-kindergarten,primary or secondary school. Schools
may include before and after school care for students.
b. Daycare centers,nursery schools and similar programs that are not associated
with a public or private school and serve pre-kindergarten children.
c. Indoor ice arenas accessory to a high school provided the arena, including
accessory uses, is:
1. Located on the same tax parcel as the high school to which it is accessory
and is owned by the local school district;
2. Not separated from the high school building by a public road;
3. Operated by the school district or by a nonprofit organization; and
4. All structures are located at least 50 feet from any adjacent property
zoned for residential use.
(�} 10 Two-family dwelling, provided that:
a. Public sanity sewer service is available;
b. The lot is adjacent to a commercial or industrial parcel;
Page 23 of 31
c. The dwelling is within 200 feet of the commercial or industrial parcel; and
d. The design of the dwelling is compatible with the surrounding residences.
(�?} 11 Columbaria,provided that all portions of columbaria located at or below ground shall be
located at least five feet from any adjacent lot line and at least 50 feet from principal
structures located on any adjacent property,whether such property is zoned for
residential or non-residential use. All portions of columbaria located above ground shall
meet the following standards:
a. Located at least ten feet from properly boundaries.
b. Located at least 50 feet from principal structures located on any adjacent
property,whether such property is zoned for residential or non-residential use.
c. Located at least ten feet from the edge of the paved,traveled roadway.
d. Shall not exceed eight feet in height including any appurtenances.
e. Direct views from all adjoining residential parcels shall be buffered by
appropriate means.
SECTION 8. The following language has been deleted and added to Section 78-392 (Permitted Uses)of
the Orono City Code.
Sec. 78-392.Permitted uses.
Within any RR-lA one-family rural residential district,no land or structures shall be used except
for one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects,provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for
residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the placement of
the structure, notice of the proposed changes shall be mailed to all property
owners within 350 feet of the parcel on which the structure is to be located. If the
proposed structure is to be located within a public right-of-way,property owners
within 350 feet of the structure shall be mailed notice of the proposed changes.
Notice shall be mailed at least 14 days before the council meeting at which the
amended plans will be considered.
�? , .
TL.,, ..+e
Page 24 of 31
b. �r�.e..,. ., „ ,a.,.eir,.,,�.. ,..,+�.e i.,..a e e.., �.-„ o �..�t,o.. „o..,,�,„ _ .._+t,�
�
�o....,.,...,,���,,,r.....
Tt..e,-,. ., .L.,.:1.7:....� .. ..s«....+.,.-e.. ..,, +L.e 1.,.,.7 ..+L.e.-+L...., *1.,,..o
..11...,,�.a ��., ..:.�e..+:..1 ,
�2) Gardens.
(3) Municipal buildings.
(4) Nonrental guest apartments(no exterior ingress or egress). An apartment within the
principal residence structure on a lot for the sole use of the occupants of the principal
residence, including their domestic employees or nonpaying guests. The only means of
ingress or egress to the apartment shall be from within the principal structure.Application
for such a guest aparhnent shall address the concerns of parking, sewage treatment,
entryway and interior access method. Such apartments shall not have utilities metered
separately from the principal residence utilities and shall not have a separate street
address.
(5) One-family detached dwellings.
(6) Publicly owned parks and playgrounds.
SECTION 9. The following language has been deleted and added to Section 78-417(Permitted Uses)of
the Orono City Code.
Sec. 78-417.Permitted uses.
Within any RR-1B one-family rural residential district,no land or structures shall be used except
for one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects,provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for
residential use.
b, The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the placement of
the structure,notice of the proposed changes shall be mailed to all properly
owners within 350 feet of the parcel on which the structure is to be located. If the
proposed structure is to be located within a public right-of-way,property owners
within 350 feet of the structure shall be mailed notice of the proposed changes.
Notice shall be mailed at least 14 days before the council meeting at which the
amended plans will be considered.
, •
Page 25 of 31
Tl,e ., ,,te., .,
l. Tt. .1..ell:,, ., �L.e 1 .1 ..+f'., �«tt,e o.a-..,. e .-rL.o
�. rncrv-ccro c�r�c�ovPc zoi va=r��.... ......t.::t.....� ......... ... .....
�o....+,,..,.�+l.e F....,
E-�icrv-ccrc-i�ccwoa�v 1...:1,i:.,a.. ^c�'i-avcdr" �;+L.o 1�.,.�1 �+l�or�l:::.+t':..:
..11.,..,o.l �..., �:'lo«f:..l .
�2) Gardens.
(3) Municipal buildings.
(4) Nonrental guest apartments(no e�erior ingress or egress). An apartment within the
principal residence structure on a lot for the sole use of the occupants of the principal
residence, including their domestic employees or nonpaying guests. The only means of
ingress or egress to the apartment shall be from within the principal structure. Application
for such a guest apartment shall address the concerns of parking, sewage treatment,
entryway and interior access method. Such apartments shall not have utilities metered
separately from the principal residence utilities and shall not have a separate sixeet
address.
(5) One-family detached dwellings.
(6) Personal wireless service antennas and towers.
a. Purpose and intent. The purpose of subsection(4)of this section is to establish
predictable,balanced regulations for the siting and screening of wireless
communications equipment in order to accommodate the growth of wireless
communication systems within the city while protecting the public against any
adverse impacts on the city's aesthetic resources and the public welfare.
b. Personal wireless service antennas. Personal wireless service antennas erected
on a municipal water tower may be allowed as a secondary use by administrative
permit,provided they comply with the city policy regarding the use of city-
owned property for wireless telecommunication antennas and provided they meet
the following conditions:
1. The antenna shall be in compliance with the staxe building code and all
other applicable federal and state regulations and permits.
2. Structural design,mounting and installation of the antenna shall be in
compliance with manufacturer's specifications and shall be verified and
approved by a registered professional engineer.
3. No advertising message shall be affixed to the antenna.
4. Antennas shall not be artificially illuminated unless required by law or
by the Federal Aviation Administration(FAA)to protect the public's
health and safety.
Page 26 of 31
5. When applicable,proposals to erect new antennas shall be accompanied
by any required federal,state, or local agency licenses.
6. Transmitting,receiving, and switching equipment shall be housed within
the existing structure.If a new equipment building is necessary for
transmitting,receiving and switching equipment, it shall be situated in
the rear yard of the principal use and shall be screened from view by
landscaping.
7. All obsolete and unused antennas shall be removed within 12 months of
cessation of operation at the site, unless an exemption is granted by the
city administrator or designee. The removal shall be the responsibility of
the communication provider.
8. Antennas shall utilize camouflaging techniques or shall be side-mounted
to an antenna support structure in order that such facilities are compatible
with the character and environment of the area in which they are located.
9. The applicant shall demonstrate by providing a coverage/interference
analysis and capacity analysis prepared by a registered professional
engineer that the location of the antenna as proposed is necessary to meet
the frequency spacing needs of the personal wireless service system and
to provide adequate portable personal wireless service coverage and
capacity to the area.
(7) Publicly owned parks and playgrounds.
SECTION 10. The following language has been deleted and added to Section 78-441 (Permitted Uses)
of the Orono City Code.
Sec. 78-441.Permitted uses.
Within any RR-1B-1 one-family rural residential district,no land or structures shall be used
except for one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects,provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for
residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the placement of
the structure,notice of the proposed changes shall be mailed to all property
owners within 350 feet of the parcel on which the structure is to be located. If the
proposed structure is to be located within a public right-of-way,property owners
within 350 feet of the structure shall be mailed notice of the proposed changes.
Page 27 of 31
Notice shall be mailed at least 14 days before the council meeting at which the
amended plans will be considered.
i2� �..,,., c...�..� �:a„a �t,.,+.
C=- ��' •
TL. ..�e.,. ..
u. •
� TL, ,] 11' ...+L.e 1.,.,.1 0 +� � ��.-+l.o o..a..., «+l,o
�� Y Y~�Y J
�o....+..,...�tL.e F«.,..
TL, e ,1.,.:1.-t: ��.. ..t„r « +l.e 1.,.,.1 .,�L.o..+L....,�:;;�.
.,il,,,..e.] F.... ..:,�te«+:..1 ,
�21 Gardens.
(3) Municipal buildings.
(4) Nonrental guest apartments(no exterior ingress or egress). An apartment within the
principal residence structure on a lot for the sole use of the occupants of the principal
residence, including their domestic employees or nonpaying guests. The only means of
ingress or egress to the apartment shall be from within the principal structure. Application
for such a guest apartment shall address the concerns of parking, sewage treatment,
entryway and interior access method. Such apartments shall not have utilities metered
separately from the principal residence utilities and shall not have a separate street
address.
(5) One-family detached dwellings.
(6) Personal wireless service antennas and towers.
a. Purpose and intent. The purpose of subsection(4)of this section is to establish
predictable,balanced regulations for the siting and screening of wireless
communications equipment in order to accommodate the growth of wireless
communication systems within the city while protecting the public against any
adverse impacts on the city's aesthetic resources and the public welfare.
b. Personal wireless service antennas. Personal wireless service antennas erected
on a municipal water tower may be allowed as a secondary use by administrative
permit,provided they comply with the city policy regarding the use of city-
owned property for wireless telecommunication antennas and provided they meet
the following conditions:
1. The antenna shall be in compliance with the state building code and all
other applicable federal and state regulations and permits.
2. Structurat design,mounting and installation of the antenna shall be in
compliance with manufacturer's specifications and shall be verified and
approved by a registered professional engineer.
3. No advertising message shall be affixed to the antenna.
Page 28 of 31
4. Antennas shall not be artificially illuminated unless required by law or
by the Federal Aviation Administration(FAA)to protect the public's
health and safety.
5. When applicable,proposals to erect new antennas shall be accompanied
by any required federal, state,or local agency licenses.
6. Transmitting,receiving, and switching equipment shall be housed within
the existing structure. If a new equipment building is necessary for
transmitting, receiving and switching equipment, it shall be situated in
the rear yard of the principal use and shall be screened from view by
landscaping.
7. All obsolete and unused antennas shall be removed within 12 months of
cessation of operation at the site,unless an exemption is granted by the
ciTy administrator or designee. The removal shall be the responsibility of
the communication provider.
8. Antennas shall utilize camouflaging techniques or shall be side-mounted
to an antenna support structure in order that such facilities are compatible
with the character and environment of the area in which they are located.
9. The applicant shall demonstrate by providing a coverage/interference
analysis and capacity analysis prepared by a registered professional
engineer that the location of the antenna as proposed is necessary to meet
the frequency spacing needs of the personal wireless service system and
to provide adequate portable personal wireless service coverage and
capacity to the area.
(7) Publicly owned parks and playgrounds.
(8) Study and research centers owned or operated by one or more nonprofit charitable,
scientific or educational organizations, provided no building other than a residence shall
be located within 100 feet of any lot line of an abutting lot in an R district.
a. Open space. Not more than 15 percent of land devoted to use as a study and
research center shall be occupied by structures or buildings without a conditional
use permit allowing a greater percentage of such land use. Any application for
zoning of land as an RR-1B-1 one-family rural residential district shall be
accompanied by a map or plan showing the portion of land within the district that
may be occupied by structures or buildings,which shall become a part of the
conditions upon which such zoning is approved; and no structure or building may
be located outside of such portion without a conditional use permit allowing the
structure or building.
b. Height. No structure or building in a study and research center in any RR-1B-1
district shall exceed 30 feet in height except as provided in section 78-1366.
c. Temporary or permanent residents. No study and research center in any RR-1B-1
district shall at any time serve as a temporary or permanent residence for a
number of persons in excess of that determined by multiplying by 2 1/2 the
Page 29 of 31
number of acres of land devoted to use as such study and research center without
a special permit allowing a greater number of persons in such number and for
such periods of time as the council may deem appropriate, due consideration
being given to the interests of health, safety and public welfare.
d. Use. No study and research center in an RR-1B-1 district shall at any time permit
more than 300 persons to be present by invitation upon its property without a
special permit allowing a greater number of persons in such number and for such
periods of time as the council may deem appropriate,due consideration being
given to the interests of health,safety and public welfare.
SECTION 11. The following language has been deleted and added to Section 78-564(Permitted Uses)
of the Orono City Code.
Sec. 7&564.Permitted uses.
Within any RS seasonal recreational district,no land or structures shall be used except for any
one of the following uses:
(1) Gardens.
(�� One-family detached dwellings used for seasonal recreational use not to exceed 180 days
in any one year, and not to be the owner's principal residence for homestead tax credit
purposes.
(-�}� One-family, seasonal recreational use of land without structures, or with accessory
structures only, such as tent camping or day use only. Accessory structures permitted on
land without a principal structure shall be limited to one or more of the following:
a. Docks conforming to city and LMCD code requirements.
b. Not more than one storage building not to exceed 120 square feet in area.
c. Fire rings or barbeque pits.
d. Open deck or screen house not to exceed 300 square feet in area.
e. Not more than one toilet building or outhouse,which must conform in location
and design to the requirements of section 78-574.
f. Tents or similar temporary structures to be in place not to exceed 180 days in any
one year.
(3-}� Publicly owned and operated parks,nature areas or wildlife preserves,for day use only,
when operated by the city,the Hennepin Park Reserve District or by the state department
of natural resources. All dockage or structures shall remain subject to council review and
approval.
Page 30 of 31
SECTION 12. Effective date. This ordinance shall be effective upon adoption and publication according
to law.
ADOPTED this 12thday of December ,2011 by the Orono City Council.
CITY OF ORONO
�• Jt1�%GC.�Ct��lc.....
Lili Tod McMillan,Mayor
ATTEST:
� � v
Lmda S.Vee, City Clerk
Summary Ordinance published in The Laker and The Pioneer newspapers the week of
December 17, 2011.
Page 31 of 31