HomeMy WebLinkAboutOrd #170-Definition of Existing Ground Level - RedlinedORDINANCE NO. 170 , THIRD SERIES
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3 CITY OF ORONO
4 HENNEPIN COUNTY, MINNESOTA
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6 AN ORDINANCE AMENDING THE ZONING ORDINANCE PERTAINING TO THE
7 DEFINITION OF EXISTING GROUND LEVEL
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10 THE CITY COUNCIL OF ORONO ORDAINS:
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12 SECTION 1. Section 78-1 Definitions is hereby amended to read as follows:
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14 Basement means that portion of a building that is partly or completely below the Existing Ground
15 Level. A basement shall be considered as a story for purposes of determining the number of stories
16 in a building, when the finished surface of the floor above the basement is more than six feet
17 above the existing ground level for more than 50 percent of the basement's perimeter. The
18 perimeter of the basement does not include portions of the house or garage that do not have a
19 lower level but are merely "unexcavated". Artificially raising the grade adjacent to -the foundation
20 of a structure (by filling or by a combination of filling and retaining walls) above the surrounding
21 natural terrain shall not be allowed as a method for converting a defined story to a defined
22 basement, regardless of any other benefits to the property of such action. Finished grade that
23 increases more than one foot from Eexisting GGground Llevel shall be considered as artificially
24 raising the grade. However, artificially raising the grade when such action merely restores a
25 previously excavated site to its original ;;A Wr-al Natural Grade may used as a method for
26 converting a defined story to a defined basement.
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28 Building height means the vertical distance between the highest Existing Ground Level &4jeining
29 ground level the hufldior ten feet above the lowest ground level, whichever is lower, and the
30 top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a
31 round or other arch -type roof, or the median height of the highest gable of a pitched or hipped
32 roof. Topographic changes which elevate the adjoining ground level above the existing terrain
33 shall not be considered in determining building height. For a pitched or hipped roof situation,
34 regardless whether the highest living space in a building is a half -story or full story, if the highest
35 living space contains windows (excluding skylights) the upper measuring point for defining
36 building height shall be the median height of the top of the highest window and the highest peak of
37 the roof.
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39 Existing Ground Level means the elevation of the grade at the base of an existing structure,
40 measured at points abutting the foundation wall, or the €ung Natural Grade of a vacant lot or
41 the Engineered Grade established by an aDDroved a adina elan at the time of final nlattins or
42 Conditional'Use Permit.
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44 En ineered Grade means the elevation of the ground, or pny pavingor sidewalk built u on it
45 which has been established on the basis of an engineered grading and drainage plan for the
46 property that has been reviewed and approved by the city for the property.
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48 Natural Grade means the elevation of the ground surface in its natural state, prior to excavation or
49 filling. rused_for 78-1379 Alternative energy systems]
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51 SECTION 2. Section 78-1403 Lot Coverage and Massing Standards is hereby amended
52 to read as follows:
53 Sec. 78- 1403. - Lot coverage and massing standards.
54 In all zoning districts other than the I—Industrial district, all lots that have a gross acreage of
55 less than two acres shall comply with the following massing standards for structures:
56 (a) Maximum total footprints allowed.
57 (1) On lots equal to or greater than 10,000 square feet in area, the total combined
58 footprints of all principal and accessory structures shall not exceed 15 percent of the
59 gross lot area.
60 (2) On lots of less than 10,000 square feet in area, the total combined footprints of all
61 principal and accessory structures shall not exceed 1,500 square feet.
62 (b) Calculation of massing. The following shall be included in the calculation of the total
63 combined footprints by structures:
64
65 (1) All roofed structures more than six feet above grade leve4 Existing Ground Level.
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67 (2) Tennis courts, patios, decks, and all similar open structures when partially or fully
68 enclosed by fences, railings or walls which extend more than six feet above grade
69 level Existing Ground Level (if any portion of such structures extends more than six
70 feet above grade level, the entire structure shall count toward lot coverage).
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72 SECTION 3. Section 78-1405 (a) (5.1) Non -encroachments is hereby amended to read as
73 follows:
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75 (5.1) Retaining walls, subject to the following provisions:
76 a. Retaining walls may be located in all required yards when all of the following
77 conditions are met:
78 1. The structure is located at least ten feet from the edge of the traveled roadway;
79 2. The structure is not located within a drainage, utility, or other easement,
80 except upon approval in writing for an encroachment agreement by the city; or
81 similar approval from another regulatory and/or utility agency;
82 3. The structure creates no impacts to drainage direction, rate or volume for
83 adjacent properties.
84 b. Retaining walls which do not exceed two feet in height above existinge
85 Existing Ground Level, which are located within the property and at least five feet
86 from any property line, and for which the amount of imported fill associated with the
87 structure does not exceed 20 cubic yards, do not require a building or land alteration
88 permit.
89 c. Retaining walls exceeding two feet in height above Existing Ground Level grade or
90 for which the amount of imported fill associated with the structure exceeds 20 cubic
91 yards or which are located less than five feet from a property line, shall require a land
92 alteration permit and upon recommendation of the building inspector may require city
93 council review or a conditional use permit per the provisions of section 78-967.
94 d. Retaining walls exceeding the allowed height of a fence in .a given required yard
95 shall be located so as to meet the required accessory structure setbacks established for
96 that yard.
97
98 SECTION 4. Section 78-1405 a (8) Non -encroachments is hereby amended to read as
99 follows:
100
101 Fence height. The measurement from the top of any part of the fence, including posts or other
102 structural supports, lattice, ornate top design elements, and so forth measured to the Existing
103 Ground Level below the fence, as measured perpendicular to the slope (see
104 Drawing). Exception: Post finials extending above the top of the fence shall not be deemed as
105 part of the fence for height determination purposes as long as they do not exceed ten inches in
106 width per finial and do not extend above the top of the fence by more than ten percent of the
107 allowed maximum fence height at that location.
108 Nonlakeshore lots.
109 1. Fences and walls within a required front yard or side street yard shall not
110 exceed a height of 42 inches above Existing Ground Level .
111 2. Fences and walls within a required rear or side yard shall not exceed a height
112 of six feet above Existing Ground Level original ,...ode.
113 b. Lakeshore lots.
114 1. Fences within the required street (rear) yard or side street yard of a lakeshore
115 lot shall not exceed 42 inches above Existing Ground Level ofigifHg gna4e.
116 Exception: A fence not exceeding six feet in height may be located along the
117 street lot line of a lake frontage lot which abuts a major thoroughfare. A major
118 thoroughfare for purposes of this section means any county road or state
119 highway. If such fence involves fill or berming, the total combined height of
120 both fence and fill shall not exceed six feet above the height of the crown of the
121 major thoroughfare.
122 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet
123 in height, and shall not exceed 42 inches in height for any portion located
124 lakeward of a line drawn between the most lakeward projection of the fence
125 owner's principal residence structure and the most lakeward projection of the
126 principal residence structure on the adjacent property abutting the side yard in
127 which the fence is located.
128 3. Fences shall not be constructed within the defined lakeshore yard of a
129 lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general
130 development lakes, 100 feet for recreational lakes, or 150 feet for natural
131 environment lakes.
132 4. When the building site of a lakeshore lot is separated from the lakeshore by a
133 public or private road, the following definitions will apply for fence location
134 purposes subject to the provisions of section 78-1405(a)(8)a.2: When the yard on
135 the opposite side of the building site from the lake does not abut a street, such
136 yard shall be considered as a standard rear yard. The yard between the building
137 site and the street shall be considered as a standard front yard.
138 c. Special provisions. Split rail fences of no more than three rails within a required
139 front, street or side street yard may have a maximum top rail height of 48 inches
140 above Existing Ground Level . Board rail fences within a front, street
141 or side street yard for the specific purpose of enclosing permitted domestic animals
142 may have a top rail height of 60 inches and shall be no more than 50 percent opaque.
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144
145 SECTION 5. Section 78-1685 Massing standards [within stormwater quality overlay
146 district] is hereby amended to read as follows:
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148 (1) Non -industrial zoning districts. Except for parcels zoned industrial, all lots in the stormwater
149 quality overlay district that have a gross acreage of less than two acres shall comply with the
150 following massing standards for structures.
151 a. Maximum total footprints allowed.
152 1. On lots equal to or greater than 10,000 square feet in area, the total combined
153 footprints of all principal and accessory structures shall not exceed 15 percent of the
154 gross lot area.
155 2. On lots of less than 10,000 square feet in area, the total combined footprints of all
156 principal and accessory structures shall not exceed 1,500 square feet.
157 b. Calculation of massing. The following shall be included in the calculation of the total
158 combined footprints by structures:
159 1. All roofed structures more than six feet above Existing Ground Level mel.
160 2. Tennis courts, patios, decks, and all similar open structures when partially or fully
161 enclosed by fences, railings or walls which extend more than six feet above Existing
162 Ground Level greAe je*e! (if any portion of such structures extends more than six feet
163 above grade level, the entire structure shall count toward lot coverage).
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165
166 SECTION 6. EFFECTIVE DATE: This ordinance shall take effect immediately upon its
167 passage and publication.
168 ADOPTED this 13 th day of , 2016 on a vote of 3 ayes and _-a nays by the
169 City Council of Orono, Minnesota.
170 ATTEST:
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173 _
174 Diane'iegs, City Clerk Aaron Printup, Actingpayor
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177 Ordinanceublished in The Laker and The Pioneer newspapers the week o
p.f .Tnn p 38, 2016.