HomeMy WebLinkAboutOrd #222 - 3rd Ser/Amending Accessory Structures and Buildings ORDINANCE NO. 222 , THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
PERTAINING TO ACCESSORY STRUCTURES AND BUILDINGS
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Section 78-1 Definitions shall be amended by adding and deleting text to
read as follows:
Sec. 78-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.
Unless specifically defined in this section, the words and phrases used in this chapter shall have
the meanings given to them in chapter 82.
Accessory use, buildin or structure means a use, buildinq, or structure subordinate to and
serving the principal use or��buildin on the same lot and customarily incidental to the
principal use or s���buildinq.
Garage, private, means a detached accessory building or portion of the principal building,
including a carport, which is used �a�i�for storing passenger vehicles, and trailers e�-e�e
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SECTION 2. Section 78-229. -Accessory uses shall be amended to read as follows:
Within any R-1A one-family residential district, the only permitted accessory uses and
structures are the following:
�4)
. This section purposelv left blank.
SECTION 3. Section 78-230 -Area, height, lot width, and yard requirements shall be
amended by adding and deleting text to read as follows:
Sec. 78-230. — R-1A District. Area, height, lot width, setback, and yard requirements.
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{#} �et-�The following minimum requirements shall be observed:
Page 1 of 22
Dimensional Lot Area Lot Width Heiqht
Reauirements (Minimum) (Minimum) Maximum 30 feet defined height; accessory
1.0 acre 140 feet buildings may not exceed height of principal buildinq
Setbacks: Street/ Interior Side Rear(feet) OHWL Wetland
Front Side (feet) Street feet feet
feet feet
Principal 35 10 35 30 na 25 or MCWD
Buildin buffer
Accessorv 35 10 35 10 na 25 or MCWD
Buildinq (AB) buffer
<1 000 sf
Oversize 35 10 35 30 na 25 or MCWD
Accessorv buffer
Buildina
>1.000 sf
OAB
Accessorv 17.5 10 17.5 10 na 25 or MCWD
Structures buffer
AS
(b) Exceptions:
1) Side Yard Setback. For lots that are non-conforminq as to their width, the interior side vard
setback for the principal buildinq, and accessory buildings less than 1.000 sauare feet,
shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However,
in no case shall the side vard setback be less than 7.5 feet.
2) Side Yards adiacent to unimproved riqhts-of-way. In any residential district, the setback
for side vards adiacent to unimproved rights-of-way shall be the same as the applicable
interior side yard setback. Unimproved in this section shall be interpreted to mean not
improved or maintained bv the city or county for vehicular travel.
3) Front Yard Setback. For lots that are non-conforming with respect to area the minimum
front yard setback for the principal buildina, and accessorv buildinqs less than 1.000
sauare feet, shall be equal to the averaae depth of the existina front vards on the adiacent
lots on each side of the non-conforminq lot fronting on the same street. However,the depth
of such front vard shall not be less than ten feet.
SECTION 4. Section 78-254. -Accessory uses shall be amended to read as follows:
Within any R-1 B one-family residential district, the only permitted accessory uses and
structures are the following:
(4)
hcinh� rer.�,;rew,e�+� �.f+h�e. ,.h�.,+e� This section purposelv left blank.
SECTION 5. Section 78-255. —Area, height, lot width, and yard requirements shall
be amended by adding and deleting text to read as follows:
Sec. 78-255. — R-1 B District. Area, height, lot width, setback, and yard requirements.
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Page 2 of 22
{�} �-The following minimum requirements shall be observed:
Dimensional Lot Area Lot Width Heiqht
Requirements (Minimum) (Minimum) Maximum 30 feet defined height; accessorv
0.5 acre 100 feet buildinqs may not exceed heiqht of principal buildinq
Setbacks: Street/ Interior Side Rear (feet) OHWL Wetland
Front Side (feet) Street feet feet
feet feet
Principal 30 10 15 30 na 25 or MCWD
Buildin buffer
Accessorv 30 10 15 10 na 25 or MCWD
Buildinq (AB) buffer
<1,000 sf
Oversize 30 10 15 30 na 25 or MCWD
Accessorv buffer
Buildina
>1.000 sf
OAB
Accessorv 15 10 7_5 10 na 25 or MCWD
Structures buffer
AS
(b) Exceptions:
1) Side Yard Setback. For lots that are non-conforminq as to their width, the interior side vard
setback for the principal building, and accessory buildinqs less than 1,000 square feet,
shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However,
in no case shall the side vard setback be less than 7.5 feet.
2) Side Yards adiacent to unimproved riqhts-of-wav. In anv residential district, the setback
for side vards adjacent to unimproved riqhts-of-wav shall be the same as the applicable
interior side vard setback. Unimproved in this section shall be interpreted to mean not
improved or maintained by the citv or county for vehicular travel.
3) Front Yard Setback. For lots that are non-conforminq with respect to area the minimum
front yard setback for the principal buildinq, and accessory buildinas less than 1.000
sauare feet, shall be eaual to the average depth of the existina front vards on the adjacent
lots on each side of the non-conforminq lot frontinq on the same street. However,the depth
of such front vard shall not be less than ten feet.
SECTION 6. Section 78-304. -Accessory uses shall be amended to read as follows:
Within any LR-1A one-family lakeshore residential district, the only permitted accessory
uses and structures are the following:
(4)
. This section purposely left blank.
SECTION 7. Section 78-305. -Area, height, lot width, and yard requirements shall
be amended by adding and deleting text to read as follows:
Sec. 78-305. - LR-1A District. Area, height, lot width, setbacks, and yard requirements.
Page 3 of 22
(a) .
{#} �-The following minimum requirements shall be observed:
Dimensional Lot Area Lot Width Heiqht
Reauirements IMinimum) (Minimum► Maximum 30 feet defined heiqht; accessorv
2.0 acre 200 feet buildings may not exceed heiaht of principal building
Setbacks: Street/ Interior Side Rear/ OHWL* Wetland
Front Side (feet) Street Street feet feet
feet feet feet
Principal 50 30 30 50 75/100/ 25 or MCWD
Buildin 150 + buffer
ALS
Accessorv 50 15 30 15 75/100/ 25 or MCWD
Buildinq 150 + buffer
<1.000 sf ALS
Oversize 50 30 30 50 75/100/ 25 or MCWD
Accessorv 150 + buffer
Buildinq ALS
>1,000 sf
OAB
Accessorv 25 15 15 15 75/100/ 25 or MCWD
Structures 150 + buffer
AS ALS
*OHWL setback is determined bv the classification of the lake as defined in Section 78-1217 and
the applied minimum setback from the OHWL as outlined in Section 78-1279.
(�b) Exceptions:
1) Side Yard Setback. For lots that are non-conforminq as to their width, the interior side yard
setback for the principal building, and accessory buildinqs less than 1.000 sauare feet,
shall be the lessor of ten feet or eaual to ten percent of the lot width as defined. However.
in no case shall the side vard setback be less than 10 feet.
2) Side Yards adjacent to unimproved riqhts-of-way. In anv residential district, the setback
for side vards adiacent to unimproved riqhts-of-wav shall be the same as the applicable
interior side yard setback. Unimproved in this section shall be interpreted to mean not
improved or maintained bv the citv or countv for vehicular travel.
3) Front Yard Setback. For lots that are non-conforminq with respect to area the minimum
front yard setback for the principal buildinq, and accessorv buildinqs less than 1,000
square feet, shall be eaual to the average depth of the existinq front vards on the adjacent
lots on each side of the non-conforming lot frontinq on the same street. However, the depth
of such front vard shall not be less than ten feet.
SECTION 8. Section 78-329. -Accessory uses shall be amended to read as follows:
Within any LR-1 B one-family lakeshore residential district, the only permitted accessory
uses and structures are the following:
(4)
heiivhF rcn�,,.-o.�,e.,+� „f+h;� ,.h��+o� This section purposelv left blank.
SECTION 9. Section 78-330. —Area, height, lot width, and yard requirements shall
be amended by adding and deleting text to read as follows:
Page 4 of 22
Sec. 78-330. — LR-1 B District. Area, height, lot width, setback, and yard requirements.
(a) .
{�} ��The following minimum requirements shall be observed:
Dimensional Lot Area Lot Width Heiqht
Requirements (Minimum) (Minimum) Maximum 30 feet defined heiqht; accessory
1.0 acre 140 feet buildinqs mav not exceed heiqht of principal buildinq
Setbacks: Street/ Interior Side Rear/ OHWL* Wetland
Front Side (feet) Street Street feet feet
feet feet feet
Principal 35 10 20 30 75/100/ 25 or MCWD
Buildinq 150 + buffer
ALS
Accessorv 35 10 20 10 75/100/ 25 or MCWD
Buildinq 150 + buffer
<1 000 sf ALS
Oversize 35 10 20 30 75/100/ 25 or MCWD
Accessorv 150 + buffer
Buildin ALS
>1.000 sf
OAB
Accessorv 17.5 10 10 10 75/100/ 25 or MCWD
Structures 150 + buffer
AS ALS
*OHWL setback is determined bv the classification of the lake as defined in Section 78-1217 and
the applied minimum setback from the OHWL as outlined in Section 78-1279.
(�b) Exceptions:
1) Side Yard Setback. For lots that are non-conforminq as to their width, the interior side vard
setback for the principal buildinq, and accessorv buildinqs less than 1,000 sauare feet,
shall be the lessor of ten feet or eaual to ten percent of the lot width as defined. However,
in no case shall the side yard setback be less than 7.5 feet.
� Side Yards adiacent to unimproved riqhts-of-way. In any residential district, the setback
for side vards adiacent to unimproved rights-of-wav shall be the same as the applicable
interior side vard setback. Unimproved in this section shall be interpreted to mean not
improved or maintained bv the citv or county for vehicular travel.
3) Front Yard Setback. For lots that are non-conforminp with respect to area the minimum
front vard setback for the principal buildinq, and accessory buildinqs less than 1,000
square feet, shall be eaual to the average depth of the existing front vards on the adjacent
lots on each side of the non-conformina lot frontinq on the same street. However, the depth
of such front vard shall not be less than ten feet.
SECTION 10. Section 78-349. -Accessory uses shall be amended to read as follows:
Within any LR-1 C one-family lakeshore residential district, the only permitted accessory
uses and structures are the following:
Page 5 of 22
�4)
heinh♦ ro.+��iremcn}c� �,f+h�e. „�.,.,+e� This section purposely left blank.
SECTION 11. Section 78-350. Area, height, lot width, and yard requirements shall
be amended by adding and deleting text to read as follows:
Sec. 78-350. — LR-1 C District. Area, height, lot width, setback, and yard requirements.
(a) .
{�} ��The following minimum requirements shall be observed:
Dimensional Lot Area Lot Width Heiqht
Reauirements (Minimum) (Minimum) Maximum 30 feet defined heiqht; accessory
0.5 acre 100 feet buildinas may not exceed heiaht of principal buildinq
Setbacks: Street/ Interior Side Rear/ OHWL* Wetland
Front Side (feet) Street Street feet feet
feet feet feet
Principal 30 10 15 30 75/100/ 25 or MCWD
Structure 150 + buffer
ALS
Accessorv 30 10 15 10 75/100/ 25 or MCWD
Buildinq (AB) 150 + buffer
<1 000 sf ALS
Oversize 30 10 15 30 75/100/ 25 or MCWD
Accessorv 150 + buffer
Buildin ALS
>1,000 sf
OAB
Accessorv 15 10 15 10 75/100/ 25 or MCWD
Structures 150 + buffer
AS ALS
*OHWL setback is determined bv the classification of the lake as defined in Section 78-1217 and
the applied minimum setback from the OHWL as outlined in Section 78-1279.
S�b) Exceptions:
1) Side Yard Setback. For lots that are non-conforming as to their width, the interior side vard
setback for the principal buildinct, and accessorv buildinas less than 1,000 sauare feet,
shall be the lessor of ten feet or eaual to ten percent of the lot width as defined. However.
in no case shall the side yard setback be less than 7.5 feet.
2� Side Yards adiacent to unimproved riqhts-of-wav. In anv residential district, the setback
for side yards adiacent to unimproved riqhts-of-wav shall be the same as the applicable
interior side yard setback. Unimproved in this section shall be interpreted to mean not
improved or maintained bv the city or county for vehicular travel.
3� Front Yard Setback. For lots that are non-conforming with respect to area the minimum
front vard setback for the principal building, and accessorv buildinqs less than 1,000
square feet, shall be eaual to the averaae depth of the existing front yards on the adiacent
lots on each side of the non-conforminQ lot frontinQ on the same street. However,the depth
of such front vard shall not be less than ten feet.
SECTION 12. Section 78-368. -Accessory uses shall be amended to read as follows:
Page 6 of 22
Within any LR-1 C-1 one-family lakeshore residential district, the only permitted
accessory uses and structures are the following:
(4)
hcinh� rorr�„�ew,o.,+� „f+h,� ,.��.,+e� This section purposely left blank.
SECTION 13. Section 78-370. —Area, height, lot width, and yard requirements shall be
amended by adding and deleting text to read as follows:
Sec. 78-370. — LR-1 C-1 District. Area, height, lot width, setback, and yard requirements.
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{�} �e#fr-The following minimum requirements shall be observed:
Dimensional Lot Area Lot Width Heiqht
Requirements (Minimum) (Minimum) Maximum 30 feet defined heiqht; accessory
0.5 acre 100 feet buildinqs may not exceed heiqht of principal buildinq
Setbacks: Street/ Interior Side Rear/ OHWL* Wetland
Front Side (feet) Street Street feet feet
feet feet feet
Princiqal 30 10 15 30 75/100/ 25 or MCWD
Buildinq 150 + buffer
ALS
Accessorv 30 10 15 10 75/100/ 25 or MCWD
Buildinq (AB) 150 + buffer
<1.000 sf ALS
Oversize 30 10 15 30 75/100/ 25 or MCWD
Accessorv 150 + buffer
Buildin ALS
>1.000 sf
OAB
Accessorv 15 10 15 10 75/100/ 25 or MCWD
Structures 150 + buffer
AS ALS
*OHWL setback is determined by the classification of the lake as defined in Section 78-1217 and
the applied minimum setback from the OHWL as outlined in Section 78-1279.
(b) Exceptions:
1) Side Yard Setback. For lots that are non-conforminq as to their width, the interior side vard
setback for the principal buildinq, and accessorv buildings less than 1,000 square feet.
shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However,
in no case shall the side yard setback be less than 7.5 feet.
2) Side Yards adjacent to unimproved riqhts-of-way. In any residential district, the setback
for side vards adiacent to unimproved rights-of-way shall be the same as the applicable
interior side vard setback. Unimproved in this section shall be interpreted to mean not
improved or maintained bv the citv or countv for vehicular travel.
3) Front Yard Setback. For lots that are non-conforminq with respect to area the minimum
front vard setback for the principal buildinq, and accessorv buildinqs less than 1,000
sauare feet, shall be eaual to the averaQe depth of the existing front yards on the adiacent
lots on each side of the non-conformina lot frontina on the same street. However, the depth
of such front yard shall not be less than ten feet.
Page 7 of 22
SECTION 14. Section 78-394. -Accessory uses shall be amended to read as follows:
Within any RR-1A one-family rural residential district, the only permitted accessory uses
and structures are the following:
(4)
heinh4 reivi,;rew,e.,+� .,f+hi� ,.h,.,+er This section purposely left blank.
SECTION 15. Section 78-395. -Area, height, lot width, and yard requirements shall
be amended by adding and deleting text to read as follows:
Sec. 78-395. - RR-1A District. Area, height, lot width, setback, and yard requirements.
(a) .
{�} �-The following minimum requirements shall be observed:
Dimensional Lot Area Lot Width Heiqht
Requirements (Minimum) (Minimum) Maximum 30 feet defined heiqht; accessorv
5.0 acre 300 feet buildinqs may not exceed heiaht of principal buildina
Setbacks: Street/ Interior Side Rear/ OHWL* Wetland
Front Side (feet) Street Street feet feet
feet feet feet
Principal 100 50 100 100 75/100/ 25 or MCWD
Buildin 150 + buffer
ALS
Accessorv 100 20 100 20 75/100/ 25 or MCWD
Buildinq (AB) 150 + buffer
<1 000 sf ALS
Oversize 100 50 100 100 75/100/ 25 or MCWD
Accessorv 150 + buffer
Buildinq ALS
>1,000 sf
OAB
Accessorv 50 20 50 20 75/100/ 25 or MCWD
Structures 150 + buffer
AS ALS
*OHWL setback is determined bv the classification of the lake as defined in Section 78-1217 and
the applied minimum setback from the OHWL as outlined in Section 78-1279.
(b) Exceptions:
1) Side Yards adjacent to unimproved riqhts-of-wav. In anv residential district, the setback
for side vards adiacent to unimproved rights-of-way shall be the same as the apqlicable
interior side vard setback. Unimproved in this section shall be interpreted to mean not
improved or maintained by the citv or countv for vehicular travel.
2) Front Yard Setback. For lots that are non-conforminq with respect to area the minimum
front yard setback for the principal buildinq, and accessory buildings less than 1,000
square feet, shall be eaual to the average depth of the existina front yards on the adiacent
lots on each side of the non-conforming lot fronting on the same street. However, the depth
of such front yard shall not be less than ten feet.
SECTION 16. Section 78-419. -Accessory uses shall be amended to read as follows:
Page 8 of 22
Within any RR-1 B one-family rural residential district, the only permitted accessory uses
and structures are the following:
(4)
heinh♦ ron��irerr�en4� nf+h�� ,.h�.,+er This section purposely left blank.
SECTION 17. Section 78-420. —Area, height, lot width, and yard requirements shall
be amended by adding and deleting text to read as follows:
Sec. 78-420. — RR-1 B District. Area, height, lot width, setback, and yard requirements.
(a) .
�} ��The following minimum requirements shall be observed:
Dimensional Lot Area Lot Width Heiqht
Reauirements (Minimum) (Minimum) Maximum 30 feet defined heiqht; accessorv
2.0 acre 200 feet buildinas may not exceed heiqht of principal building
Setbacks: Street/ Interior Side Rear/ OHWL* Wetland
Front Side (feet) Street Street feet feet
feet feet feet
Principal 50 30 30 50 75/100/ 25 or MCWD
Buildin 150 + buffer
ALS
Accessorv 50 15 30 15 75/100/ 25 or MCWD
Buildinq (AB) 150 + buffer
<1.000 sf ALS
Oversize 50 30 30 50 75/100/ 25 or MCWD
Accessorv 150 + buffer
Buildin ALS
>1,000 sf
OAB
Accessorv 25 15 15 15 75/100/ 25 or MCWD
Structures 150 + buffer
AS ALS
*OHWL setback is determined by the classification of the lake as defined in Section 78-1217 and
the applied minimum setback from the OHWL as outlined in Section 78-1279.
(�b) Exceptions:
1) Side Yard Setback. For lots that are non-conformina as to their width, the interior side vard
setback for the principal buildinq, and accessory buildings less than 1,000 sauare feet,
shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However,
in no case shall the side vard setback be less than 10 feet.
2) Side Yards adiacent to unimproved riqhts-of-way. In any residential district, the setback
for side vards adiacent to unimproved riqhts-of-wav shall be the same as the applicable
interior side yard setback. Unimproved in this section shall be interpreted to mean not
improved or maintained bv the city or county for vehicular travel.
3) Front Yard Setback. For lots that are non-conforming with respect to area the minimum
front vard setback for the principal building, and accessory buildings less than 1.000
square feet, shall be eaual to the averaqe depth of the existinq front vards on the adiacent
lots on each side of the non-conforminq lot fronting on the same street. However, the depth
of such front yard shall not be less than ten feet.
Page 9 of 22
SECTION 18. Section 78-570. -Yard and setback requirements shall be amended by adding
and deleting text to read as follows:
Sec. 78-570. — RS District. Yard and setback requirements.
Within any RS seasonal recreational district, the following yard and setback requirements
shall be observed for all new buildings and structures and for any addition or alteration to any
existing building or structure, whether temporary, seasonal or permanent:
(1) Minimum setback from lakeshore, all buildincas and structures, including decks, fences,
retaining walls, wells, on-site sewage treatment systems and land alteration of any kind,
75 feet.
(2) Minimum setback from wetlands shall be:
a. Wells and sewage treatment systems, 75 feet.
b. All buildinqs and structures, land alteration or hard cover of any kind, shall meet the
setback requirements established within article XI of chapter 78 of this Code (the
wetlands protection element of the Zoning Code).
(3) Minimum setback from platted street rights-of-way, all buildings and structures, 30 feet.
(4) Minimum setback from internal side or rear property line shall be:
a. All buildinqs and structures on lots 200 feet or more in width, 50 feet.
b. All buildinqs and structures on existing record lots 100 feet or more in width but less
than 200 feet in width, 30 feet.
c. All buildinas and structures on existing record lots less than 100 feet in width, ten
feet.
(5) Minimum setback any building to any other, ten feet.
SECTION 19. Section 78-1279. - Placement of structures on lots shall be amended
by adding and deleting text as follows:
Sec. 78-1279. - Placement of buildinQs and structures on lots.
When more than one setback applies to a site, buildings, structures� and facilities must
be located to meet all setbacks. Buildinqs and s�tructures shall be located as follows:
(1) Buildinq, s�tructure1 and on-site sewerage system setbacks (in feet) from ordinary
high water level:
' Setbacks
� Sewage
Public Water Buildinq/Structure Treatment
Classification Unsewered Sewered System
NE 150 150 150
Page 10 of 22
' RD 100 75 75
' GD 75 75 75
I Tributary 100 75 75
(2) Additional buildinq and structure setbacks. The following additional s#�s#�e
setbacks apply, regardless of the classification of the water body:
� Setback from: Setback
! (in feet)
Top of bluff 30
' Unplatted cemetery 50
', Right-of-way line of federal, state or county highway and local public and private 30*
I roads
* Except for^����^"�^' ^�r�^�c accessory buildings on lakeshore lots as regulated in this
chapter and except for buildinqs and structures subject to less restrictive side
yard adjacent to street setbacks as regulated in the various zoning districts.
(3) Bluff impact zones. Buildinqs, s�tructures and accessory facilities, except stairways,
landings and lock boxes, must not be placed within bluff impact zones.
(4) Uses without water-oriented needs. Uses without water-oriented needs must be located
on lots or parcels without public waters frontage, or, if located on lots or parcels with
public waters frontage, must either be set back double the normal ordinary high water
level setback or be substantially screened from view from the water by vegetation or
topography, assuming summer, leaf-on conditions.
(5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone.
Portions of dock located landward of the OHWL shall be considered as a landing, subject
to the regulations for landings per section 78-1282. Retaining walls shall not be placed
within the shore setback zone.
(6) Average lakeshore setback. No principal or accessory �*����� buildinct shall be
located closer to the lakeshore than the average distance from the shoreline of existing
residence buildings on adjacent lots; except that this does not apply to patios and other
accessory structures less than 42 inches above existing grade, stairways, lifts, landings,
lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall
apply only to classified lakes and shall not apply to tributaries. The average lakeshore
setback line shall be a straight line connecting the most lakeward protrusions of the
residence buildings on the immediately adjacent lakeshore lots.
a. In situations where improvement is proposed on a lot adjacent to a vacant lot or
right-of-way, the average lake shore setback shall be equivalent to the setback of
the most lakeward protrusion of the residence building on the immediately adjacent
improved lakeshore lot.
Page 11 of 22
SECTION 20. Section 78-1403. - Lot coverage and massing standards shall be
amended by adding and deleting text to read as follows:
Sec. 78-1403. - Lot coverage and massing standards.
In all zoning districts other than the I—Industrial district, all lots that have a gross acreage of
less than two acres shall comply with the following massing standards for s�e�buildinqs:
(a) Maximum total footprints allowed.
(1) On lots equal to or greater than 10,000 square feet in area, the total combined
footprints of all principal and accessory �*����;� buildinqs shall not exceed 20
percent of the gross lot area.
(2) On lots of less than 10,000 square feet in area, the total combined footprints of all
principal and accessory c+����[7'CiviaTG�buildinqs shall not exceed 2,000 square feet.
(b) Calculation of massing. T"�a�All buildinqs shall be included in the calculation
of the total combined footprints by c+���^�Tbuildinqs.
cvic�4ir�n nr���nrl level
SECTION 21. Section 78-1404. –Tennis courts, sport courts, pools, paddocks,
arenas shall be adding and deleting the text as follows:
Sec. 78-1404. , , , , . This section purposelv left
blank.
, , ,
, ,
rcc�4ri�S
�
�� e ren��ire� e�i�e v�r� nro.e
f
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� •
SECTION 22. Section 78-1405. - Nonencroachments shall be amended by adding
and deleting text to read as follows:
Sec. 78-1405. - Nonencroachments.
(a) The following shall not be considered to be encroachments on yard setback requirements:
(1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features,
cornices, eaves, gutters, and similar building elements, provided they do not extend
more than two feet into a required yard.
(2) Nameplate signs for one-family dwellings subject to the provisions of article X, division
4 of this chapter; lights for illuminating parking areas, loading areas or yards for safety
and security purposes, provided the direct source of light is not visible from the public
right-of-way or adjacent residential property and is located at least five feet from the front
lot line; public utility poles and overhead lines; mailboxes.
(3) T���s sSteps, sidewalks, uncovered porches, stoops or similar structures which do
not extend above the height of the ground floor level of the principal building and e�end
Page 12 of 22
to a distance of not less than two feet from any lot line.
,
,
4i+ ��ii4hir� five fee4 r�f.e e�ii-lc Ir�1 linc
(4) Bays, cantilevers, and fire escapes. In side or rear yards only, the followinq
encroachments are permitted:
a. �Bavs and/or cantilevers which are not part of the defined building footprint, mav
extend up to two feet into the reauired side or rear yard,
provided the aggregate area of the bavs and/or cantilevers is not
more than 20 square feet;; and
�Fire escapes not #�exceedin�c a width of three feet and a depth of four feet;_ ar�
nr+cn r+#_��rce4 n�+rLinn
(5) -�Driveways and parkinq areas when constructed, located and used in compliance with
other provisions contained within chapter 78. Driveways and parkina areas mav extend
to within five feet of a side lot line. , ' , ,
, ,
;
�
(�6) Retaining walls, planters and similar structures, subject to the following provisions:
a. Retaining walls, planters and similar structures may be located in all required yards
when all of the following conditions are met:
1. The structure is located at least ten feet from the edge of the traveled roadway;
2. The structure is not located within a drainage, utility, or other easement, except
upon approval in writing for an encroachment agreement by the city; or similar
approval from another regulatory and/or utility agency;
3. The structure creates no impacts to drainage direction, rate or volume for
adjacent properties.
4. The structure is two feet in height or less above existing grade.
b. Retaining walls, planters and similar structures exceeding two feet in height above
existing ground level or which are located less than five feet from a side property
line, shall require a permit and upon recommendation of the building official may
require city council review or a conditional use permit per the provisions of section
78-967.
c. Retaining walls, planters and similar structures exceeding the allowed height of a
fence shall be located so as to meet the required accessory structure setbacks
established for that yard.
(67) Window wells includinq those for fire egress which do not extend more than five feet
from the buildinq, and no closer than two feet to the propertv line. ,
.�+n��nrv �4r�in4��re �h�ll hc nln�er 4h�n 4en fceF frnm �nv �i�e In4 line
(�8) Air conditioning or heating equipment may be located within a required yard but shall
be located within five feet of the building it serves; shall not be located within an existing
or required drainage and/or utility easement; and shall be located at least five feet from
any lot line.
Page 13 of 22
(�9) Fences erected in all zoning districts are considered as a nonencroachment when
they conform to the standards listed below. For the purposes of this section,the following
definitions shall apply:
Permanent fence. A fence that is installed in a fixed or enduring manner that is not
intended for a seasonal or temporary purpose.
Temporary fence. A fence that is not permanently secured or anchored to the ground
by posts or affixed footings, and is installed and removed on a limited term or seasonal
basis such as: snow fences, garden fences, seasonal recreational fences such as
hockey boards; fences installed for safety or access management purposes for special
events; and fences installed for the duration of a construction project such as silt fences,
erosion control bioretention logs, and septic drainfield site protection fences.
Fence height. The measurement from the top of any part of the fence, including
posts or other structural supports, lattice, ornate top design elements, and so forth
measured to the existing ground level below the fence, as measured perpendicular to
the slope (see Drawing). Exception: Post finials extending above the top of the fence
shall not be deemed as part of the fence for height determination purposes as long as
they do not exceed ten inches in width per finial and do not extend above the top of the
fence by more than ten percent of the allowed maximum fence height at that location.
Drawing: Fence Height Measurement
on Sloped Site
��
"�,o,�
`�+a,�
a. Nonlakeshore lots.
1. Fences and walls within a required front yard or side street yard shall not
exceed a height of 42 inches above existing ground level .
2. Fences and walls within a required rear or side yard shall not exceed a height
of six feet above existing ground level.
b. Lakeshore lots.
1. Fences within the required street (rear) yard or side street yard of a lakeshore
lot shall not exceed 42 inches above existing ground level. Exception: A fence
not exceeding six feet in height may be located along the street lot line of a lake
frontage lot which abuts a major thoroughfare. A major thoroughfare for
purposes of this section means any county road or state highway. If such fence
Page 14 of 22
involves fill or berming, the total combined height of both fence and fill shall not
exceed six feet above the height of the crown of the major thoroughfare.
2. Fences within the required side yard of a lakeshore lot shall not exceed six feet
in height, and shall not exceed 42 inches in height for any portion located
lakeward of a line drawn between the most lakeward projection of the fence
owner's principal residence structure and the most lakeward projection of the
principal residence structure on the adjacent property abutting the side yard in
which the fence is located.
3. Fences shall not be constructed within the defined lakeshore yard of a
lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general
development lakes, 100 feet for recreational lakes, or 150 feet for natural
environment lakes.
4. When the building site of a lakeshore lot is separated from the lakeshore by a
public or private road, the following definitions will apply for fence location
purposes subject to the provisions of section 78-1405(a)(8)a.2: When the yard
on the opposite side of the building site from the lake does not abut a street,
such yard shall be considered as a standard rear yard. The yard between the
building site and the street shall be considered as a standard front yard.
c. Special provisions. Split rail fences of no more than three rails within a required
front, street or side street yard may have a maximum top rail height of 48 inches
above existing ground level. Board rail fences within a front, street or side street
yard for the specific purpose of enclosing permitted domestic animals may have a
top rail height of 60 inches and shall be no more than 50 percent opaque.
d. Intersection sightline obstruction prohibited. No fence shall be installed so as to
obstruct a required clear view at street intersections as required by section 78-1371.
e. Fence construction and maintenance.
1. The owner of a fence shall maintain it in a condition of reasonable repair and
appearance and shall not allow it to become or remain in disrepair or in a
dangerous condition.
2. Fences shall be installed with the finished side facing neighboring properties or
the street. The term "finished side" means that side having no structural
supports.
3. Fencing materials shall consist of permanent all weather products.
4. Temporary fencing shall not be allowed to remain on the property following final
inspection, or issuance of a certificate of occupancy for a permitted construction
project, or protection of property during a similar project or winter conditions.
Winter conditions shall be defined as October 15 through March 31 of the
following year. Temporary fencing associated with a special event shall be
removed within seven days of the end of such event. Temporary fencing
materials shall not be allowed to remain on a permanent basis on a parcel.
5. Existing fences that are legal nonconforming as to location, height, design or
other characteristics may be replaced in kind.
(910) Entrance monuments, defined for the purpose of this section as a nearly permanent
physical structure or object, natural or artificial, used to depict an entrance to the
property, erected in all residential zoning districts are considered nonencroachments
when they conform with the following standards:
Page 15 of 22
a. Each monument, with a maximum of two per approved driveway access, shall be
limited to a single pillar with a footprint measuring no larger than 25 square feet and
no length to exceed five feet;
b. The monument must be setback a minimum of five feet from all property boundaries
and never fewer than ten feet from the edge of the paved, traveled roadway;
c. Plans and/or elevation views of the proposed monuments are required to be
submitted for approval by the planning director;
d. All signage proposed for the monuments must comply with Article X. Division 4
;
e. The monuments are limited to eight feet in height including any appurtenances. Any
monument exceeding the maximum height must meet principal structure setback
requirements;
f. When more than one monument is proposed, and serving two or fewer residences,
a minimum horizontal width of 16 feet is required between them;
g. When more than one monument is proposed, and serving three or more residences,
a minimum horizontal width of 22 feet is required between them;
h. Lighting is allowed, in conformance with section 78-1573 and at the discretion of the
planning director.
i. A building permit is required for installation and the property corners must be located
for inspection purposes.
(1A1) Gates, when proposed, must meet the following requirements:
a. The gate must open into the property not oufinrard towards the right-of-way, and
b. Gates serving two or fewer residences shall have a minimum horizontal width of 14
feet in the full open position, and
c. Gates serving three or more residences shall have a minimum horizontal width of
20 feet in the full open position, and
d. For all properties, gate height may not exceed the height of the monument,
measured from grade, unless principal structure setbacks are met (if monuments
are not proposed then gate height shall be regulated in accordance with the fence
height regulations of section 78-1405(8), and
e. For locked and/or secured gates a knox box, meeting the standards set forth by the
police and fire department, must be provided for emergency access, and
f. On major thoroughfares the monuments and gates must be located 40 feet from the
paved, traveled road to allow for vehicle stacking. A major thoroughfare for the
purposes of this section means any county road or state highway.
(b) The following shall not be considered to be encroachments on structure height
requirements:
(1) Parapet walls that extend no more than three feet above the height of the building.
(2) HVAC cooling towers.
(3) Elevator penthouses.
SECTION 23. Section 78-1406. -Additional yard provisions shall be amended by
adding and deleting text to read as follows:
Page 16 of 22
Sec. 78-1406. -Additional yard provisions.
Required yards in the districts specified shall be subject to the following additional
requirements:
(1) Through lots. Through lots in any district shall have a required front yard on each street.
(2) 8 and 1 districts: adjacent lots. In the B and I districts� ���here +�e nvernne ,�e..�h .,f �+
�e..c�1 fi�in evie�4ir�iv frnnF v�+riJe fnr l���ilrlin�n wi4hin ��!1 foo� nf 4he In� in n�ic�+�inr� �re leoo
nr�re.+�er 4h.+n 4he rv+inim��m fr�n4�i.�rrl rlcn4h rcn��irerJ fnr 4he rJi�4rir4 rcn��irorl fr�n4�i�.rd�
�
ch�+ll n.�.F ho Ie�� �hnn}he nver.�ne rlor��h nf���nh evi�4inn frnn4 v�re-!�• hn�e�e�ier +ho.rle,��h
� i
nf .+ fr�n� �i�+rrl c�h.+ll n�4 ho Ict�c� �hnr� five fccF r��r ho rcr���ire�7 4n e.,,.ee,� �n fee+, fOr IOtS
that are non-conforming with respect to area, the minimum front vard setback for the
principal buildinq shall be equal to the averaqe depth of the existinq front yards on the
adiacent non-residential lots on each side of_the non-conformina lot frontina on the same
street. However, the depth of such front vard shall not be less than ten feet.
/`2�� ' ffr�n n• nrl:nv���j. In nn�. � iJie.4rin�� 4hc ��ier��e iJcn4h nf �� Ic��♦ fiein
mvr�—cra�cr �
.�i��n�fr��rr�S��r h��vrAR��m�n�n..,; � g.�ee�-e€�#e-4nF inc�c�rr������in,hi e c+n ne
e
}he ren��irei-I fr�n� vnrrl �.hnll n�4 hc lo�� ♦h�r� �he �vcr�nc rlcn4h nf ���nh evio4inn. frnn4
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+„ e.,,•eerl �.n Fee+
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tHt��vE���l•� c�inrrl��on�4 4� ��nimnrr� 0iJ rinh�+�fi�'�.�#.�I���c c��mc ���hc
��. .'..
SECTION 24. Section 78-1431. -Accessory buildings and structures on through
lots shall be amended by adding and deleting text to read as follows:
Sec. 78-1431. -Accessory buildings and structures on through lots.
All accessory buildings and structures on through lots located in R districts shall meet the
following requirements:
(1) The building or structure shall meet the principal building setbacks that are established
under sections 78-230, 78-255, 78-305, 78-330, 78-350, 78-370, 78-395, 78-420, 78-
444.
(2) No negative impacts to adjacent neighbors or public right-of-way result in the placement
of the building or structure, determined at the discretion of the City Administrator�lar�+ag
di�este�.
Should the City Administrator determine that item (2) above cannot be met
an accessory structure or building may be permitted by conditional use permit if the planning
commission determines no negative impacts result in the placement of the building or
structure. The planning commission may apply reasonable conditions as part of the approval.
SECTION 25. Section 78-1432. -Time of construction shall be amended by adding
and deleting text to read as follows:
Sec. 78-1432. -Time of construction.
Page 17 of 22
No accessory building or structure shall be constructed on any lot prior to the time of
construction of the principal building to which it is accessory. °+*"�+;.,,e .,f,�e.,.,,,�;+;,,., „f+ho
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c.}nFinn �hc fnlln��iinn•
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r
/7\ In �he even4�h�+4 �+n�i nn4ivi4v r�ec�nriherl in i�cm /1\ h�� ni+� heer. nnn�mr�lie�herl
��� .�..,... ....... ... �� .,..... .� ...�.........�... ... ...�... �.� .....:. ..... .���.. �.���...r..�..��.
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.+r�r�lin�+nFe�� evr�cn�e nr 4he .�nr�lin�n�c� c�h��� �nn�v�i+r �+n ev4ene�ir�n r.f+hi� nnrccmen4
- - ' . . ., .,..�.. .,��._ .�., .,..,._.,,�.,�,, �, _,..-� ..
� _"r-"--� -' -"- -'rr'----- ------ -rr-� .,,, ...�....,,,._..."
/'21 If�no �f�L+e i}em /'1\ o�icn4e nnni�r�+ .�nr! �ho �nnlin__7afi•�nil �� r�erF�rm 4hcir remn�i�I
�—rrorr ..� ..�.� ...�... � �� .�..��.... ............ ....... ....� .,.�,.r..._�..._ .�.. ._ r_.._.... ..._.. ._..._.�.
nhl'n.++i�n� r+er i�em /'�\ 4ho �r�nlin.�nF� hcr�h���+r.ree �+e� f�llr��uc�•
pp7isp �.....� .w��� ���� .�... ...�..�.........�.... .........� ...�..... ..... ............
Thc ni�v m�+v en#cr�innn �he r+r�norF�i �nrl rerr�nvc 4hc .�nne��nni h��iltlinr./�\
�� i� .,.� ���..� .�.,..�, ...r...,. ... r.,..,�,,....� .,..._ ._...--- ...- -------.� __.._. .��-i•
,� The ni�v mn�i ne�e�ve�e� �he nr�c��e nf remnv.�l �rt_4ha_nri+r+erF.i
/A\ The .+ivreemer+� c�hnll he hinrlinn �ir�nn ni�rren4 �n�fi����re �uinere� �f 4he r�rnner4�i
iT�rrt ...y..�.......�....,.�...�� ,..� .....�..��.y .,i,,.... .,......�... ........ ._._._ _--••_'_ _• ."_ r•-r-•v�
.+nrl h�+ll he filerl ��ii�hin �he nh.+in �f�i41c nf�he r�r�r�orF�i
/C.\ Cec ���iner/c�\ �.f+he r�r�r�eri�i if n�4�hc �r�nlin�n4�+ nnnc�en4 4�4{-�u cvcn���ior+ i+f�he
Yv�—r�... .,...�.,.�.,� .,. .,. �,,...�..,,..�, .. ..... ,..... ...i,.�..__..._, __..__... __ ,..- -----__._.. _. _.._
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/4.`\ Annlin�+r+Fe��h��+l�a�mnif.i nni-1 hr�IrJ h�rmlee�o 4he ni��i �he ri�ii nn�_in�iL�+nrl 4he
..., .�.... ...�� ..... ...� ...........� ..... .....
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�hew+ �f.+n�i nl�+ime� i-leh4c� r�r i+hli�nFi�ne� in n�nt�en��enne nf 4ha_nerfnrmnnne ..f+he Ierme� r.f+hi�
rrn.T ;vcvr�--vr-vvrtgca ., ��� ....��.......�.,...�.... ... ... r.......��........... ... ..... ......... ... ......
t�-
SECTION 26. Section 78-1433. - Height Restrictions shall be amended by adding
and deleting text as follows:
Sec. 78-1433. - . This section purposely left blank.
, •
SECTION 27. Section 78-1434. -Area restrictions shall be amended by adding and
deleting text to read as follows:
Sec. 78-1434. —�e�Building Size R�estrictions.
�., .,�� o ,�;�.+�;,.+� �No accessory building shall exceed 1,000 square feet of footprint area; except
that accessory c*���^��buildinas in excess of 1,000 square feet shall be considered oversized
and will be allowed under the following conditions:
Page 18 of 22
(1) Not more than one oversized accessory�e-buildina (9A�OAB)shall be permitted
on any property. An ^����c���^' �^^�cc^^, c}r�,^+„re pAB is defined as an accessory
�ebuildinq of footprint area in excess of 1,000 square feet.
(2) An OAB is regulated by the following table:
I Maximum
� Maximum Allowed Total
Individual of All Accessory
I
Lot Area OAB Assesser-� ��,e
' (acres) ��e Buildinq
Footprint
I, Footprint Area Areas*-on
, (square feet) a Property
', (square feet)
0-1.99 1,000 2,000
� 2.00-3.00 1,200 2,400
i
3.01-3.50 1,400 2,800
i
' 3.51-4.00 1,600 3,200
�
4.01-4.50 1,800 3,600
' 4.51-5.00 2,000 4,000
; 5.01-6.00 2,200 4,400
6.01-7.00 2,400 4,800
7.01-8.00 2,600 5,200
! 8.01-9.00 2,800 5,600
i
; 9.01 er�e�e- - 10.00 3,000 6,000
I 10.01 - 11.00 3,200 6,400
II 11.01 - 12.00 3,400 6.800
12.01 - 13.00 3,600 7.000
13.01 - 14.00 3,800 8,000
14.01 or more 4,000 8.000 I
Page 19 of 22
* rnnFcr�I 4cnnic� n���rF� �+n�rF n���r�e� r�nnle r".rJrl�nLn .+ren.+
(3) Any OAB shall be subject to the following conditions:
a.
{pPrincipal���buildinq setbacks must be met}. Further, no OAB
shall be nearer the front lot line than the front line of the principal r�c�,-��buildinq
on the property,
Ite�—t� .�.Si���ear �n� lir�e rcn�rrlle�c� ��ihc4hcr loc�c� c�}rin� r�rinnin�+I �+4r��n���r
b. The maximum height for such accessory ��bufldinq shall be 30 feet or the
defined height of the principal residence s�st�+-.e—buildin on the property,
whichever is less.
c. �st�-�����-��An OAB shall be allowed only when the property owner agrees and
covenants in writing with the city as follows:
1. No future subdivision will be approved that places the OAB within a lot that has
no principal c������-buildin , except that the city in its subdivision approval
may grant a finite time period in which the OAB
may remain without a principal ��buildinq, in order that a principal
building may be constructed. At the end of this time period, the ^���o r�a
OAB must be removed if no principal c�����buildinq has
been constructed.
2. If the property is subdivided, the OAB and
principal �s#��buildinq will be located together within a lot that meets the
minimum lot area requirement for the given size of the �r����^� �^^�cc^^,
��OAB.
3. In subdivision approval, the setback required for the
�s��e-OAB shall remain.
Such covenant shall be binding on current and future property owners and shall be
filed in the chain of title of the property.
SECTION 28. Section 78-1435. — Location shall be amended by adding and deleting
text to read as follows:
Sec. 78-1435. —�esa�ie� Garaqes on lake lots.
Accessorv buildinqs on lake lots with qaraae doors facina a street shall meet the
applicable principal buildinq setbacks for the district; Section 78-1681 Drivewavs, in general
shall aqplV.
,
, . .
Page 20 of 22
SECTION 29. Section 78-1436. -Setbacks shall be amended by adding and deleting
text to read as follows:
Sec. 78-1436. -�as1E�This section purposelv left blank.
,
SECTION 30. Section 78-1437. - Plumbing shall be amended by adding and deleting
text to read as follows:
Sec. 78-1437. - Plumbing.
Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings
has the potential to allow such buildings to be used as dwelling units, and because it is the
policy of the city to limit residential development density to the allowed densities within the
respective zoning districts, plumbing in accessory buildings shall be regulated as follows:
(1) The provision of outside sillcocks and indoor water supply shall be allowed in any
accessory building ' , ' .
(2) Installation of any combination of fixtures requiring wastewater plumbing that does not
include a shower or bathtub shall be allowed in any accessory building ' �
�e����� �;�e �.,,� hei..h+ ,.,;+� subject to provision of municipal sanitary sewer or a
conforming sewage treatment system designed to handle the anticipated flows from such
fixtures, and subject to the property owner's executing a covenant providing that the
accessory building will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed by
this Code.
b. Used as a dwelling unless a guest house conditional use permit is obtained.
c. Rented, leased or otherwise provided for use as a dwelling under any
circumstances.
(3) Installation of any combination of fixtures requiring wastewater plumbing that includes
a shower or bathtub shall be allowed only in an accessory building
;o^^*���z�-a„a--which meets one of the following criteria:
a. The accessory building has been approved for a guest house conditional use permit;
or
b. The accessory building has been approved for a bathtub or shower in accessory
building conditional use permit.
SECTION 31. Section 78-1439. -Garages shall be amended by adding and deleting
text to read as follows:
Sec. 78-1439. -��- �� ��TThis section purposely left blank.
m�rc fr�m ♦1�c r�rr�r�crF�i line��ihen �hc rl��rc� fnne �n .� r���hlin .+Ilc�i �r c.�roc}
���v�v�ran ,
SECTION 32. Section 78-1440. - Exterior materials shall be amended by adding and
deleting text to read as follows:
Page 21 of 22
Sec. 78-1440. - Exterior materials.
� 8�� accessorv buildinq and the principal buildinq shall be consistent in desiQn and color.
Except for accessory buildings that are less than 120 sauare feet in area or are located
on lots two acres in area or larqer.
f�+ninn � c�4ree+ �r r�ri�i�4o rr»rl
�b,�, Within RR-1A and RR-1B districts, an accessorv buildinq less than 1,000 square feet
mav be located streetward of the principal building provided the followinq conditions are
met:
a. Principal building setbacks shall be met: and
b. The accessorv buildina shall be consistent in design, color and exterior material
with the principal buildinq.
EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and
publication.
ADOPTED this ���` day of DeC . , 2018 on a vote of� ayes and � nays by the City
Council of Orono, Minnesota.
ATTEST:
1� ,
Anna Carlson, City Clerk Dennis Walsh, Mayor
Ordinance published in The Laker and The Pioneer newspapers the week of Otc.2q._, 2018.
Page 22 of 22