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HomeMy WebLinkAboutOrd #257 - 3rd Ser/Amending the Code of Ordinances Regulating Plumbing in Accessory Buildings ORDINANCE NO.,257,THIRD SERIES CITY OF ORONO HENNEPIN COUNTY,MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES REGULATING PLUMBING IN ACCESSORY BUILDINGS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Sec.78-1 shall be amended by adding text to read as follows: Sec 78-1. Guest apartment means a room or a set of rooms within a principal residence structure for the sole use of the occupants of the principal residence, including their domestic employees or their nonpaying guests, with at least one access door to the apartment from within the principal structure, such door being the primary access to the apartment. Guest house means a• : --; .. . - . •_ dwelling unit in a detached accessory building constructed on an existing undivided lot for the sole use of the occupants, including their domestic employees or their nonpaying guests, of the primary dwelling. • _ . . .' _ . For the purposes of this Chapter, a guest house is considered a dwelling unit if it meets all of the requirements of a dwelling unit outlined in the Minnesota State Building Code, as amended from time to time. These requirements include complete independent living facilities with permanent provisions for living, sleeping, eating, cooking, and sanitation. SECTION 2. Sec. 78-1437 shall be amended by adding 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 . - . .. . . . •. .- . -: in any accessory building, 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 owners 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 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 3. Sec. 78-228 shall be amended by adding text to read as follows: Sec 78-228 Conditional Uses (2) Guest houses and non rental 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. 3. The property owner must execute a covenant providing that the guest house will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is provided for in city code. 1. The application for a guest apartment adequately addresses the concerns of parking, 2. There is at least one access door to the apartment from inside the principal dwelling . ... - .. . .. b - . .. • ; dwelling. and 5. The guest apartment is for the sole use of the occupants of the principal dwelling, including their 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 arc in keeping with the intended use of the aeeessobuilding, c. 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. SECTION 4. Sec. 78-253 shall be amended by adding text to read as follows: Sec 78-253 Conditional Uses (2)Guest houses : _ - . .. 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. 3. The property owner must execute a covenant providing that the guest house will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is provided for in city code. 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 11. The guest apartment's utilities are not metered separately from the principal dwelling; and 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 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 arc in keeping with the intended use of the accessory building. c. The property owner agrees to the filing of a covenant in the title of the property providing that the 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 3.Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 5. Sec. 78-303 shall be amended by adding text to read as follows: Sec 78-303 Conditional Uses (2) Guest houses : _ . - . .. .-• . 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. 3. The property owner must execute a covenant providing that the guest house will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is provided for in city code. b. Guest apartments with exterior ingress and egress, provided that: 1. The application for a guest apartment adequately addresses the concerns of parking, sewage tr atment, 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; 'I. The guest apartment's utilities are not metered separately from the principal 5. The guest apartment is for the sole use of the occupants of the principal dwelling, (7)Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of 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 arc in keeping with the intended use of the accessory building. c. The property owner agrees to the filing of a covenant in the title of the property providing that the 1.Used for a home occupation unless specifically approved by the city or if allowed by this Code. 3.Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 6. Sec.78-328 shall be amended by adding text to read as follows: Sec 78-328 Conditional Uses (2) Guest houses : •. - • . ••- . 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. 3. The property owner must execute a covenant providing that the guest house will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is provided for in city code. b. Guest apartments with exterior ingress and egress, provided that: 1. The application for a guest apartment adequately addresses the concerns of parking, • • - , - • - . - •::, , •. _ •_ ,-- _:; 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; 1. The guest apartment's utilities are not metered separately from the principal dwelling; and 5. The guest apartment is for the solo use of the occupants of the principal dwelling, (7)Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of a. The council finds that the r proposed use of the accessory structure with a bathtub or shower will not be b. The council finds that the plumbing fixtures proposed arc in keeping with the intended use of the accessory building. c. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: SECTION 7. Sec. 78-348 shall be amended by adding text to read as follows: Sec 78-348 Conditional Uses (2) Guest houses and non rental 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. 3. The property owner must execute a covenant providing that the guest house will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is provided for in city code. b. Guest apartments with exterior ingress and egress, provided that: 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; • - . b and (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 detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed arc in keeping with the intended use of the accessory building. accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 8. Sec. 78-367 shall be amended by adding text to read as follows: Sec 78-367 Conditional Uses (2) Guest houses and non rental 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. 3. The property owner must execute a covenant providing that the guest house will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is provided for in city code. and this door is the primary means of accessing the apartment; 3. The guest apartment does not have a separate address; '1. The guest apartment's utilities are not metered separately from the principal dwelling; and . . . .. . . -_ . •. • . .. b . •- .. -b b. • .. .. .. .. _ - . . - . . 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. 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. SECTION 9. Sec. 78-393 shall be amended by adding text to read as follows: Sec 78-393 Conditional Uses (2) Guest houses : . •.• • : - . .. .-- . 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. 3. The property owner must execute a covenant providing that the guest house will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is provided for in city code. sewage treatment, exterior access method, and interior access method; 2. There is at least one access door to the apartment from inside the principal dwellin_ 3. The guest apartment does not have a separate address; . ' - - dwelling; and Vie--guest apartment is for the sole use of the-eec.:. . ' .. 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. accessory building. c. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: l. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 10. Sec. 78-418 shall be amended by adding text to read as follows: Sec 78-418 Conditional Uses (2) Guest houses . -• . . .. ••-• . 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. 3. The property owner must execute a covenant providing that the guest house will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Rented, leased, or otherwise provided for use as a dwelling under any other circumstances than what is provided for in city code. 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; 1. The guest apartment's utilities aro not metered separately from the principal dwellifng;-ate 5. The guest apartment is for the sole use of the occupants of the principal dwelling, 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 arc in keeping with the intended use of the accessory building. 1.Used for a home occupation unless specifically approved by the city or if allowed by this Code. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 11. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this /Q day ofMGty ,2021 on a vote of'Yayes and 8 nays by the City Council of Orono,Minnesota. / ATTEST: ttittiP /I, r Anna Carlson, City Clerk Dennis Walsh,Mayor Ordinance published in The Laker Pioneer newspaper the week of/(41,/1 , 2021.