HomeMy WebLinkAboutOrd #264 - 3rd Ser/Amending Apiaries ORDINANCE NO. .2b 1.HIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY,MINNESOTA
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
PERTAINING TO APIARIES
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Section 78-1 Definitions shall be amended by deleting and adding 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, building, or structure means a use,building,or structure subordinate to and serving the
principal use or building on the same lot and customarily incidental to the principal use or building.
Agriculture means the utilization of land by raising plants,trees or shrubs or the raising of domestic
animals or fowl,or both,for the purpose of selling to secure a profit.
Airport and heliport mean any land,water or structure which is used or intended for use for the
landing or takeoff of aircraft,and any appurtenant land structure used or intended for use for port buildings
or other port structures or right-of-way.
Alley means a public right-of-way which affords a secondary means of access to abutting property.
Amusement center means a business at one location devoted primarily to the operation of amusement
machines as described below and open for public use and participation; or locations with four or more
amusements machines and open for public use and participation.
Amusement machine means a mechanical amusement device of any of the following types:
(1) A machine or electronic contrivance,including"pinball" machines,mechanical miniature pool
tables,bowling machines, shuffle boards,electric rifle or gun ranges,miniature mechanical and
electronic devices and games or amusements patterned after baseball,basketball,hockey or
similar games and like devices,machines or games which may be played solely for amusement
and not as a gambling device and which devices or games are played by the insertion of a coin or
coins or at a fee fixed and charged by the establishment in which such devices or machines are
located,and which contain no automatic payoff devices for the return of money,coins,
merchandise, checks,tokens or any other thing or item of value;provided,however,that such
machine may be equipped to dispense nominal prizes,such as candy or toys, or coupons or
tokens redeemable for such prizes.The term does not include coin-operated music machines.
(2) Amusement devices designed for and used exclusively as rides by children,such as,but not
limited to,kiddie cars,miniature airplane rides,mechanical horses and other miniature
mechanical devices,not operated as a part of or in connection with any carnival,circus, show,or
other entertainment or exhibition.
Animal unit means,for one animal unit equivalency, one cow or steer; one horse,donkey alpaca,or
llama;two pigs,three sheep or goats;or 25 fowl.
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Antenna means any of the following uses,which require an antenna and are subject to the regulations
of this chapter:
(1) Antenna,personal wireless service,means a device consisting of a metal,carbon fiber,or other
electromagnetically conductive rods or elements,usually arranged in a circular array on a single
supporting pole or other structure,and used for the transmission and reception of wireless
communication radio waves, including cellular,personal communication service(PCS),
enhanced specialized mobilized radio(ESMR),paging and similar services, including the
support structure.
(2) Antenna,radio and television receiving,means a wire,set of wires,metal or carbon fiber
elements,other than satellite dish antennas,used to receive radio,television or electromagnetic
waves, including the supporting structure.
(3) Antenna, satellite dish,means a device incorporating a reflective surface that is solid, open mesh
or bar configured and is in the shape of a shallow dish,cone,horn or cornucopia. Such device is
used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses.This definition shall include but is not limited to what are commonly
referred to as satellite earth stations,TVROs(television,receive only)and satellite microwave
antennas and their support structures.
(4) Antenna, shortwave radio transmitting and receiving,means a wire, set of wires or a device,
consisting of a metal, carbon fiber,or other electromagnetically conductive element used for the
transmission and reception of radio waves used for shortwave radio communications, including
the supporting structure.
Antenna support structure means any building or other structure other than a tower which can be used
for location of antennas.
Antenna tower means a self-supporting lattice,guyed or monopole structure constructed from grade
which supports personal wireless service antennas.
Auto reduction yard means a lot or yard where two or more licensed motor vehicles or their remains
are kept for the purpose of dismantling,sale of parts,sale as scrap,storage,or abandonment.
Automobile repair, major, means general repair,rebuilding of trailers,including body work,
framework and major painting service.
Automobile repair, minor,means the replacement of any part or repair of any part which does not
require the removal of the engine head or pin, engine,transmission or differential; incidental body and
fender work; and minor painting and upholstering service when such service is applied to passenger
automobiles and trucks not in excess of 7,000 pounds gross rating.
Barber shops and beauty shops means a commercial establishment offering cosmetology services
which may include hair cutting,coloring,or styling, make-up application or consultation,manicures, and
pedicures,and/or which may offer therapeutic massage and body and/or facial treatments such as body
packs or wraps,exfoliation,cellulite or heat treatments,body toning,waxing,tanning,aromatherapy,
cleansing or medical facials,non-surgical face lifts and other non-surgical cosmetic procedures,electrical
toning and electrolysis. Hydrotherapy and steam or sauna facilities,nutrition and weight management,and
exercise instruction may be provided in conjunction with such therapeutic massage and body and/or facial
treatments.
Boardinghouse means a building other than a motel or hotel where, for compensation and by
prearrangement for definite periods,meals or lodgings are provided for three or more persons,but not to
exceed eight persons.
Building means any structure having a roof which may provide shelter or enclosure of persons,
animals or chattel;and when the structure is divided by party walls without opening,each portion of such
building so separated shall be deemed a separate building.
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Building footprint means the outline of the total area covered by a building's perimeter at the ground
level(to the block/foundation).
(1) Carports,covered porches and other similar building features which have no exterior walls shall
be included as part of a building footprint by drawing a straight line between the outer edges of
all support structures(and the main building if applicable).
(2) The outer edge of building protrusions,bay windows or other similar features that extend
outward from a building and are less than four feet from the ground shall be considered as part
of the building footprint.
Apiary means a collection of hives or colonies of honeybees kept for their honey.
Building height means the vertical distance between the highest existing ground level or ten feet above
the lowest ground level,whichever is lower,and the top of the cornice of a flat roof,or the deck line of a
mansard roof, or the uppermost point on a round or other arch-type roof,or the median height of the highest
gable of a pitched or hipped roof.Topographic changes which elevate the adjoining ground level above the
existing terrain shall not be considered in determining building height.
Bulk station means distributors'warehouses for materials which are stored in tanks above ground in
aggregate capacity on the site of 6,000 gallons or more.
Camp means a parcel of land with permanent buildings,tents or other structures together with
appurtenances thereon, established or maintained as living quarters where both food and lodging or
facilities therefore are provided for ten or more people,operated continuously for a period of five days or
more each year for educational,recreational, or vacation purposes,and the use of the camp or participation
in its programs are provided to adults and/or children free of charge or for payment of a fee.This definition
does not include cabin and trailers camps,fishing and hunting camps,resorts,penal and correctional camps,
industrial and construction camps,nor does it include homes operated for care or treatment of children and
for the operation of which a license is required by state law or structures used as a dwelling.
Carport means an automobile shelter having one or more sides open.
Cellar means that portion of the building having more than half of the floor-to-ceiling height below
the average grade of the adjoining ground.
City means the City of Orono,Minnesota.
Clean fill means all native soils as described in the Unified Soils Classification System. Organic,
manmade and reprocessed materials,topsoil and rocks larger than 0.25 cubic yard(2.9 feet diameter)shall
not be considered clean fill.
Clinic for human care on an outpatient basis only means a place where a group of licensed medical
practitioners provide medical treatment or advice on an outpatient only basis.
Columbarium means a repository for the interment of cremated human remains within cinerary urns,
including the burial of cremated human remains within cinerary urns or inurnment gardens for the burial or
scattering of cremated human remains.Columbaria are accessory to places of worship,cemeteries or
mausoleums.
Commercial kennel means any premises where three or more domestic animals over six months of age
are owned,boarded,bred or offered for sale.
Commercial operations means operations where business is conducted by the sale or exchange of
goods and/or services on the site for money or other valuable consideration.
Commercial recreation means indoor amusement centers,bowling alleys,billiard halls,miniature
golf,roller and ice skating rinks, driving ranges, movie theaters,gyms, swimming pools,and sports and
health facilities.No commercial recreation use shall take place outside of an enclosed building.An air-
supported structure shall not be considered a building for purposes of this section.As used in this
ordinance,commercial recreation does not include an adult use defined in section 78-1377b.,any use
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involving the discharge of a firearm, a class II restaurant that provides live entertainment,or any permitted
or conditional use in the B-2 district.
Commission means the planning commission.
Cornice means any horizontal decorative molding that crowns a building or wall.
County dock means a dock owned and operated by Hennepin County for the sole purpose of
facilitating lake to ground transportation of patrons in emergency or law enforcement situations.
Dog boarding means indoor overnight boarding services for more than three dogs aged greater than
six months.
Dog daycare means indoor daycare services for more than three dogs aged greater than six months.
Dog grooming means a premises where pet grooming services such as bathing,teeth cleaning,
haircuts,and nail polishing and trimming are provided.
Dry buildable means that portion of the lot not encumbered by the waters of a duly recorded lake or
river,wetlands,bluffs,or slopes steeper than 30 percent.
Dwelling means a building or part of a building containing independent living, sleeping,housekeeping
accommodations,and sanitary facilities for occupancy by one family, intended to be occupied exclusively
for residence purposes,but not including rooms in motels,hotels,nursing homes,boardinghouses,nor
trailers,tents,cabins or trailer coaches.A dwelling shall not be interpreted to include lodging rooms.
Dwelling, attached, means a dwelling which is joined to another dwelling at one or more sides by a
party wall or walls.
Dwelling, detached, means a dwelling which is entirely surrounded by open space on the same lot.
Engineered grade means the elevation of the ground, or any paving or sidewalk built upon it,which
has been established on the basis of an engineered grading and drainage plan for the property that has been
reviewed and approved by the city for the property.
Essential services means the erection,construction,alteration,or maintenance of underground or
overhead gas,electrical,steam,or water transmission or distribution systems, collection,communication,
supply or disposal systems by public utilities,municipal or other governmental agencies,but not including
buildings.
Existing ground level means the elevation of the grade at the base of an existing structure,measured at
points abutting the foundation wall, or the natural grade of a vacant lot or the engineered grade established
by an approved grading plan at the time of final platting For conditional use permit.
Family means any number of individuals generally,but not necessarily,related by blood or marriage,
living together at one location maintaining a common household as a single,nonprofit housekeeping unit,
as distinguished from a group occupying a boardinghouse or rooming house,hotel or motel.
Family dwelling, multiple, means any structure made up of two or more attached dwellings.
Farm animals means cattle,horses,mules,sheep,goats,llamas, alpacas,swine,ponies,ducks,geese,
turkeys, chickens, ouinea hens-a+ -honeybees.
Garage,private, means a detached accessory building or portion of the principal building, including a
carport,which is used for storing passenger vehicles,and trailers.
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
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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.
Hardcover means a hard surface that prevents or retards entry of water into the soil and causes water
to run off the surface in greater quantities and at an increased rate of flow than prior to development.
Hardcover shall include but not be limited to the following: all building footprints,driveways, sidewalks,
stepping stones,retaining walls, patios, courts(sport,tennis,etc.),decks,pools, areas used for the extended
outdoor storage of vehicles or equipment,and all other similar features or surfaces as determined by the
city engineer or city planner.
Home occupation means any gainful occupation carried out by the occupant of a residential dwelling
unit that occurs within the principal or accessory building on the property and does not change the primary
residential use of the property. Level 1 and level 2 home occupations shall be as defined in[section] 78-
1376.
Hotel means a building containing eight or more guest rooms in which lodging is provided with or
without meals for compensation and which is open to transient or permanent guests or both,and where no
provision is made for cooking in any guest room,and in which ingress and egress to and from all rooms is
made through an inside lobby or office supervised by a person in charge.
In-kind,when used in the context of replacement of a non-conforming building or structure, means the
replacement of a building or structure completely within the limits(location,height,width,and depth)of
the previous building or structure.
Junkyard means an area where used,waste,discarded or salvaged materials are bought, sold,
exchanged,stored,baled, cleaned,packed,disassembled or handled, including but not limited to scrap iron
and other metals,paper,rags,rubber products,bottles and lumber. Storage of such material in conjunction
with a permitted manufacturing process when within an enclosed area or building shall not be included.
Library,public, means a library operated by Hennepin County;or a nonprofit library intended for use
by the general public.
Lot area means the area of a lot in a horizontal plane bounded by the lot lines,but not including any
area occupied by the waters of a duly recorded lake or river or wetland or area which has been dedicated as
public right-of-way.
Lot, back, means a lot typically separated from a public or private road by another lot and which gains
access to the public or private road via a narrow corridor. Such a separated lot is considered to be a back lot
when the corridor is platted as an outlot.A separated lot is considered to be a flag lot when the corridor is
platted as part of the lot.When the corridor is merely an easement over another lot,the separated lot is
considered to be an easement back lot.
Lot, corner, means a lot situated at the junction of,and abutting on,two or more intersecting streets,
or a lot at the point of deflection in alignment of a continuous street,the interior angle of which does not
exceed 135 degrees.
Lot coverage means the total square footage of all building footprints and structures on a parcel.
Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot.
Lot,front, means a lot abutting a public or private road,across which an outlot has been platted for
access to a back lot.
Lot, interior, means a lot other than a corner lot.
Lot line means the property line bounding a lot;except that where any portion of a lot extends into the
public right-of-way or a proposed public right-of-way,the line of such public right-of-way shall be the lot
line.
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Lot line,front, means that boundary of a lot which abuts an existing or dedicated public or private
street,and in the case of a corner lot it shall be the shortest dimension on a public or private street. If the
dimensions of a corner lot are equal,the front lot line shall be designated by the owner and filed in the
office of the building inspector.
Lot line, rear, means that boundary of a lot which is opposite the front lot line.If the rear lot line is
less than ten feet in length,or if the lot forms a point at the rear,the rear lot line shall be a line ten feet in
length within the lot,parallel to and at the maximum distance from the front lot line. On a lakeshore lot,the
rear lot line is the lot line that is opposite the natural ordinary high water mark at the lakeshore.
Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.
Lot, lot of record, means any lot for which a deed or registered land survey has been recorded in the
office of the Register of Deeds or the Registrar of Titles for Hennepin County prior to January 1, 1975,and
after approval by the council if required.
Lot, through, means a lot which has a pair of opposite lot lines abutting two substantially parallel
streets,and which is not a corner lot. On a through lot,both street lines shall be front lot lines for applying
this chapter.
Lot width means the horizontal distance between side lot lines measured at the following locations:
(1) For lots which do not abut a lake or tributary,at the rear of the required front yard,measured
parallel to the front lot line.
(2) For lots which abut a lake or tributary,at the shoreline measured in a straight line between the
points at which the side lot lines intersect the OHWL,and at the required structure setback from
the OHWL,measured in a straight line between the points of intersection of the side lot lines
with the structure setback line.
Mobile home means any type of structure or vehicle which can be readily adapted to or does provide
facilities for a person to eat or sleep which is mounted on wheels,has provisions for wheels,or may be
loaded on an ordinary flatbed truck,such as a house trailer,converted bus or truck,tent or small building.
Motor court, motor hotel, and motel mean a building or group of buildings other than a hotel used
primarily as a temporary residence.
Motor freight terminal means a building or area in which freight brought by motor truck or railroad is
transferred and/or stored for movement in intrastate shipment by motor truck.
Municipal buildings or facilities means only those structures owned and operated by the city.
Natural grade means the elevation of the ground surface in its natural state,prior to excavation or
filling.(used for[section] 78-1379 Alternative energy systems)
Nonconforming structure means any structure legally existing upon January 1, 1975,which would not
conform to the applicable regulations if the structure were to be erected under the provisions of this chapter.
Nonconforming use means use of land,buildings or structures legally existing on January 1, 1975,
which does not comply with all the regulations of this chapter or any amendments to it governing the
zoning district in which such use is located.
Noxious matter or materials means material capable of causing injury to living organisms by chemical
reaction,or is capable of causing detrimental effects on the physical or economic well-being of individuals.
Nursery, day, means a use where care is provided for pay for three or more children under
kindergarten age for periods of four hours or more per day.
Office means a commercial land use involving predominantly administrative,clerical, or professional
operations.Commercial offices may include professional administrative training,but shall not include
direct retail commercial transaction activities.
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Office—Showroom means a commercial land use that is comprised of offices and other indoor floor
area in which large or bulk goods are both on display and being warehoused in the same space.Examples
of such uses commonly include furniture,building materials,or other similar uses.Characteristics of such
uses include a lack of other on-site warehousing. Office—Showroom shall not include direct,on-site retail
transactions to the end consumer.
Office—Warehouse means a commercial land use that is comprised of offices and other indoor space
in which materials and equipment are being stored for shipping to other locations for eventual resale or use.
Office—Warehouse does not include on-site retail transactions or display.
Open sales lot means land devoted to the display of goods for sale,rent,lease or trade where such
goods are not enclosed within a building.
Outdoor storage means the keeping of materials or equipment on a parcel of land for the purpose of
transporting,using or employing such materials or equipment at a future date at another location, either on-
or off-site. The keeping of motorized vehicles for more than 24 hours,or other equipment that is not
capable of self-powered movement(such as trailers),shall be included in this definition.
Parking means the keeping of passenger automobiles and light trucks for a temporary period(usually
less than 24 hours)in a space designated and improved for such use according to the requirements of the
Zoning Ordinance. Parking does not include storage.
Pasture means open,non-treed land containing vegetation which can support grazing by horses, cattle
or other domestic animals.Calculations of minimum pasture acreage for the keeping of farm animals shall
not include any land defined as a wetland or wetland buffer under section 78-1602.
Performance standards means criteria established to control noise, odor,toxic or noxious matter,
vibration,fire and explosive hazards,or glare or heat generated by or inherent in uses of land or buildings.
Permeable lining(landscaping fabric)means a porous material used for weed prevention that allows
storm water to permeate into the ground.
Pervious paver means concrete,asphalt or similar blocks with holes of some kind that allow water to
go through the surface into a specialized aggregate base—consistent of an open-graded aggregate—and
into the soils below.
Pervious surface means naturally occurring groundcover or a variety of types of pavement,pavers and
other devices that provide stormwater infiltration while serving as a structural surface.
Place of worship means a building or space that is principally used as a place where people of the
same faith or religion regularly assemble for worship.Place of worship does not include community
education or art centers,schools, instructional centers,daycare facilities,family day shelters,
conservatories,convention centers, libraries,museums,residential dwellings,recreational and
entertainment facilities,theaters or social service distribution facilities.
Public service structures means underground or overhead gas,electrical, steam or water transmission
or distribution systems, collection, communication,supply or disposal systems,including poles,wires,
mains,drains, sewers,pipes, conduits, cables, fire alarm boxes,traffic signals,hydrants or other similar
equipment and accessories,but not including buildings or major structures located above ground level.
Personal wireless services and commercial broadcasting antennas and towers shall not be considered public
service structures.
Restaurants (class I) means a restaurant in which food is served to the customer and consumed by him
while seated at a counter or table,and the restaurant does not serve intoxicating liquor or provide live
entertainment.Food is selected by a customer while going through a serving line and taken to a table for
consumption.
Restaurants (class II)means fast food convenience,drive-in and liquor service restaurants;a
restaurant where a majority of customers order and are served their food at a counter in packages prepared
to leave the premises, or to be taken to a table, counter,automobile or off the premises to be consumed; or a
drive-in where most customers consume their food in an automobile regardless of how it is served; or
restaurants which serve intoxicating liquor or have live entertainment.
Retaining wall means a wall or similar structure designed and constructed to hold back and prevent
lateral movement of earth or other landscaping materials.
Riding academy means a building, structure or other facility which is used for the instruction and
training in the care and handling of horses,mules,donkeys or ponies for a fee or other valuable
consideration.
Shelter,fallout or blast, means a structure or portion of a structure intended to provide protection to
human life during periods of danger to human life from nuclear fallout,blasts, air raids,storms or other
emergencies.
Sign means any written announcement, declaration, demonstration,display, illustration, insignia or
illumination used to advertise or promote the interest of any person when displayed or placed outside in
view of the general public,and shall include every detached sign.
Sign, advertising(billboard), means a sign which directs attention to a business, community service or
entertainment not exclusively related to the premises where such sign is located or to which it is affixed.
Sign, business, means a sign which directs attention to a business or profession conducted or to a
commodity, service or entertainment sold or offered on the premises on which such sign is located or to
which it is affixed.
Sign, business, temporary, means a sign permitted for a limited period of time used to advertise or
promote the interests of a single-or multi-use commercial or industrial use.A temporary sign may be
attached to a principal structure or detached. Such signage shall include mobile/message board signs,
banners and balloons that meet all applicable federal and state standards.
Sign,flashing, means an illuminated sign on which the artificial light is not maintained stationary or
constant in intensity and color at all times in which such sign is in use.
Sign,gross area of means the area within the frame,which shall be used to calculate the square feet;
except that the width of the frame exceeding 12 inches shall constitute advertising space; or should such
letters or graphics be mounted directly on a wall or fascia or in any such way as to be without a frame,the
dimensions for calculating the square footage shall be the area extended six inches beyond the periphery
formed around such letters or graphics bounded by straight lines connecting the outermost points; and each
surface utilized to display a message or to attract attention shall be measured as a separate sign.
Sign, illuminated, means any sign which has characters, letters,figures,designs or outline illuminated
by electric lights or luminous tubes as a part of the sign proper.
Sign, nameplate, means any sign which states the name or address or both of the business or occupant
of the lot where the sign is placed or may be a directory listing the names, addresses and business of
occupants.
Sports and health facility means a facility where members or nonmembers pay a fee to use equipment
or space for the purpose of physical exercise or training.A sports and health facility may include aerobics,
weight training,muscular exercise programs,yoga,Pilates,court games,jogging, or other similar activities.
It may provide as an accessory use personal services to patrons, including but not limited to therapeutic
massage,tanning,saunas,and whirlpools.
Stable or barn,private, means a building or structure used or intended to be used for the keeping of
hoofed animals belonging to the occupant of the property, and kept for noncommercial purposes.
Stable or barn,public, means a building or structure used or intended to be used for housing of
horses,mules, donkeys or ponies which are owned by those other than the occupant of the property,where
animals may be rented for a fee for riding purposes or where riding lessons may be provided.
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Stock farm means a parcel of land comprising an area of ten acres or more that is used to house and
feed any number of farm animals when such farm animals are kept for profit.
Stockpiling means on-site storage of ten cubic yards or more of soil and/or aggregate in a concentrated
state where the material is intended to be distributed throughout the site or exported from the site.
Street means a dedicated public right-of-way not less than 50 feet in width which affords a primary
means of access to abutting property.
Street or road,private, means any private way set aside as a permanent right-of-way for vehicular
access 50 feet or more in width.
Structure means anything which is built, constructed or erected,an edifice or building of any kind,or
any piece of work artificially built up or composed of parts joined together in some definite manner,which
requires a location on,below or above the ground, land or water,or attached to something having a location
on the ground, land or water.
Study and research center means one or more structures,together with the land used in connection
therewith,whether contiguous or standing separately, including any building used as a temporary or
permanent residence, or a park, nature or playground area,owned or operated by one or more nonprofit
charitable, scientific or educational organizations,and used primarily as a center for study, learning,
research or educational oriented conferences.
Use means the purpose or activity for which the land or building is designated,arranged or intended,
or for which it is occupied,utilized or maintained,and shall include the performance of such activity as
defined by the performance standards of this chapter.
Use, conditional, means those occupations,vocations, skills,arts,businesses,professions or uses
specifically designated in each zoning use district which,for their respective conduct,exercise or
performance in such designated use districts,may require reasonable but special,peculiar,unusual or
extraordinary limitations,facilities,or regulations in such use district for the promotion or preservation of
the general public welfare,health, convenience or safety in such use and in the city and,therefore,may be
permitted in such use district only by a conditional use permit, which is designed to meet the problem that
arises where certain uses,although generally compatible with the basic use classification of a particular
zone, should not be permitted to be located as a matter of right in every area included within the zone
because of hazards inherent in the use itself or special problems which its proposed location may represent.
Use,permitted, means a use which may be lawfully established in a particular district,provided it
conforms with all requirements,regulations and performance standards(if any)of such districts.
Use,principal, means the main use of land or buildings as distinguished from subordinate or
accessory uses.A principal use may be either permitted or conditional.
Use, secondary, means a use of land or of a building or a portion which is subordinate to and does not
constitute the primary use of the land or building.
Wholesale greenhouse means an area,building or structure used for the storage,cultivation or
transplantation of live trees,shrubs or plants that are not offered for retail sales on the premises.
Yard means a required open space on a lot,which is unoccupied and unobstructed by a structure from
its lowest ground level to the sky except as expressly permitted in this chapter.A yard shall extend along a
lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the
district in which such lot is located.
Yard,front, means a yard extending across the front of a lot between the side yard lines and lying
between the front street line of the lot and the required front yard setback line,which front yard shall be
provided on both street frontages of corner lots and double-frontage lots.A lakeshore lot shall not be
considered as having a front yard,but rather shall be considered as having a lakeshore yard on one side of
the building and a rear yard on the other side of the building.
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Yard, lakeshore means a yard lying between the natural ordinary high water mark of a public water
and a line parallel to it at the Shore Setback.
Yard, rear, means a yard lying between the required rear yard setback line and rear line of the lot,for
the full width of the lot. On a lakeshore lot,the rear yard shall be the yard which fronts on the street lying
between the street line of the lot and the required rear yard setback line.
Yard requirements means those requirements which relate exclusively to the size of yard areas when
such are required within specific zoning districts.
Yard, side, means a yard extending along the side lot line between the front and rear yards,having a
width as specified in the yard regulations for the district in which such lot is located.
Yard, side street, means a side yard abutting a side street.
SECTION 2. Section 78-304 Accessory Uses shall be amended by adding text to read as
follows:
Sec.78-304.Accessory uses.
Within any LR-1A one-family lakeshore residential district,the only permitted accessory uses and
structures are the following:
(1) Buildings temporarily located for purposes of construction on the premises for a period not to
exceed time necessary for such constructing.
(2) Driveways, sidewalks and parking spaces.
(3) Detached private garages and buildings subject to the performance standards of this chapter.
(4) [Reserved].
(5) Private docks, subject to this code and other applicable regulations, including boat storage
density requirements.The accessory use of a private dock shall not include renting space.
(6) Kennel structures and dog runs,subject to the provisions of chapter 62,article 3.
(7) Fencing subject to the provisions of section 78-1405(7).
(8) Signs, as regulated in this chapter.
(9) Flagpoles, subject to accessory structure location and height requirements of this chapter.
(10) Gardening and other horticultural uses, including arbors,trellises,aviaries and decorative
landscape features,and lawn sprinkler systems.
(11) Compost structures and firewood piles,subject to the accessory structure location requirements
of this chapter.
(12) Home occupations,as defined in this chapter.All home occupations shall comply with the
provisions of section 78-1376,and the licensing provisions of[section] 26-76,when applicable.
(13) One temporary roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least 30 feet back
from the public right-of-way.
(14) Storage of recreational vehicles and equipment such as RVs,boats, snowmobiles, etc., subject to
the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar
structures equipped with wheels or mounted on a trailer shall be regulated as recreational
vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a
trailer shall be regulated as accessory buildings and subject to accessory building regulations.
10
(15) Garage sales,yard sales,estate sales or rummage sales, limited to a maximum of four
consecutive days and occurring no more than two times within one calendar year per property;
and sales of personal or recreational vehicles and equipment, limited to no more than two items
per calendar year,and such items for sale shall not be parked in any portion of the public right-
of-way,public boulevard,or required front yard except a designated, improved driveway.
(16) Laundry drying equipment.
(17) Other uses that are customarily incidental to, and subordinate to,the allowed permitted and
conditional uses in this district.
(18) Apiaries when:
a. The property consists of a minimum of 2 acres in land area.
b. Maximum of six hives are permitted per acre of land.
c. All structures associated with honeybees must follow the accessory structure setbacks.
SECTION 3. Section 78-329 Accessory Uses shall be amended by adding text to read as
follows:
Sec. 78-329.Accessory uses.
Within any LR-1B one-family lakeshore residential district,the only permitted accessory uses and
structures are the following:
(1) Buildings temporarily located for purposes of construction on the premises for a period not to
exceed time necessary for such constructing.
(2) Driveways, sidewalks and parking spaces.
(3) Detached private garages and buildings subject to the performance standards of this chapter.
(4) [Reserved].
(5) Private docks, subject to this code and other applicable regulations, including boat storage
density requirements.The accessory use of a private dock shall not include renting space.
(6) Kennel structures and dog runs, subject to the provisions of chapter 62,article 3.
(7) Fencing subject to the provisions of section 78-1405(7).
(8) Signs, as regulated in this chapter.
(9) Flagpoles, subject to accessory structure location and height requirements of this chapter.
(10) Gardening and other horticultural uses, including arbors,trellises,aviaries and decorative
landscape features, and lawn sprinkler systems.
(11) Compost structures and firewood piles,subject to the accessory structure location requirements
of this chapter.
(12) Home occupations,as defined in this chapter.All home occupations shall comply with the
provisions of section 78-1376,and the licensing provisions of[section] 26-76,when applicable.
(13) One temporary roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least 30 feet back
from the public right-of-way.
(14) Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles,etc., subject to
the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar
structures equipped with wheels or mounted on a trailer shall be regulated as recreational
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vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a
trailer shall be regulated as accessory buildings and subject to accessory building regulations.
(15) Garage sales,yard sales,estate sales or rummage sales, limited to a maximum of four
consecutive days and occurring no more than two times within one calendar year per property;
and sales of personal or recreational vehicles and equipment,limited to no more than two items
per calendar year,and such items for sale shall not be parked in any portion of the public right-
of-way,public boulevard,or required front yard except a designated, improved driveway.
(16) Laundry drying equipment.
(17) Other uses that are customarily incidental to,and subordinate to,the allowed permitted and
conditional uses in this district.
(18) Apiaries when:
a. The property consists of a minimum of 2 acres in land area.
b. Maximum of six hives are permitted per acre of land.
c. All structures associated with honeybees must follow the accessory structure setbacks.
SECTION 4. Section 78-349 Accessory Uses shall be amended by adding text to read as
follows:
Sec. 78-349.Accessory uses.
Within any LR-1C one-family lakeshore residential district,the only permitted accessory uses and
structures are the following:
(1) Buildings temporarily located for purposes of construction on the premises for a period not to
exceed time necessary for such constructing.
(2) Driveways, sidewalks and parking spaces.
(3) Detached private garages and buildings subject to the performance standards of this chapter.
(4) [Reserved].
(5) Private docks, subject to this code and other applicable regulations, including boat storage
density requirements.The accessory use of a private dock shall not include renting space.
(6) Kennel structures and dog runs,subject to the provisions of chapter 62, article 3.
(7) Fencing subject to the provisions of section 78-1405(7).
(8) Signs,as regulated in this chapter.
(9) Flagpoles, subject to accessory structure location and height requirements of this chapter.
(10) Gardening and other horticultural uses,including arbors,trellises, aviaries and decorative
landscape features,and lawn sprinkler systems.
(11) Compost structures and firewood piles, subject to the accessory structure location requirements
of this chapter.
(12) Home occupations,as defined in this chapter.All home occupations shall comply with the
provisions of section 78-1376,and the licensing provisions of[section] 26-76,when applicable.
(13) One temporary roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least 30 feet back
from the public right-of-way.
(14) Storage of recreational vehicles and equipment such as RVs,boats, snowmobiles, etc., subject to
the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar
12
structures equipped with wheels or mounted on a trailer shall be regulated as recreational
vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a
trailer shall be regulated as accessory buildings and subject to accessory building regulations.
(15) Garage sales,yard sales,estate sales or rummage sales,limited to a maximum of four
consecutive days and occurring no more than two times within one calendar year per property;
and sales of personal or recreational vehicles and equipment,limited to no more than two items
per calendar year,and such items for sale shall not be parked in any portion of the public right-
of-way,public boulevard,or required front yard except a designated, improved driveway.
(16) Laundry drying equipment.
(17) Other uses that are customarily incidental to,and subordinate to,the allowed permitted and
conditional uses in this district.
(18) Apiaries when:
a. The property consists of a minimum of 2 acres in land area.
b. Maximum of six hives are permitted per acre of land.
c. All structures associated with honeybees must follow the accessory structure setbacks.
SECTION 5. Section 78-368 Accessory Uses shall be amended by adding text to read as
follows:
Sec. 78-368.Accessory uses.
Within any LR-1C-1 one-family lakeshore residential district,the only permitted accessory uses and
structures are the following:
(1) Buildings temporarily located for purposes of construction on the premises for a period not to
exceed time necessary for such constructing.
(2) Driveways, sidewalks and parking spaces.
(3) Detached private garages and buildings subject to the performance standards of this chapter.
(4) [Reserved].
(5) Private docks, subject to this code and other applicable regulations, including boat storage
density requirements.The accessory use of a private dock shall not include renting space.
(6) Kennel structures and dog runs,subject to the provisions of chapter 62, article 3.
(7) Fencing subject to the provisions of section 78-1405(7).
(8) Signs,as regulated in this chapter.
(9) Flagpoles, subject to accessory structure location and height requirements of this chapter.
(10) Gardening and other horticultural uses,including arbors,trellises,aviaries and decorative
landscape features,and lawn sprinkler systems.
(11) Compost structures and firewood piles,subject to the accessory structure location requirements
of this chapter.
(12) Home occupations,as defined in this chapter.All home occupations shall comply with the
provisions of section 78-1376,and the licensing provisions of[section] 26-76,when applicable.
(13) One temporary roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least 30 feet back
from the public right-of-way.
13
(14) Storage of recreational vehicles and equipment such as RVs,boats, snowmobiles, etc.,subject to
the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar
structures equipped with wheels or mounted on a trailer shall be regulated as recreational
vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a
trailer shall be regulated as accessory buildings and subject to accessory building regulations.
(15) Garage sales,yard sales,estate sales or rummage sales, limited to a maximum of four
consecutive days and occurring no more than two times within one calendar year per property;
and sales of personal or recreational vehicles and equipment, limited to no more than two items
per calendar year,and such items for sale shall not be parked in any portion of the public right-
of-way,public boulevard, or required front yard except a designated, improved driveway.
(16) Laundry drying equipment.
(17) Other uses that are customarily incidental to,and subordinate to,the allowed permitted and
conditional uses in this district.
(18) Apiaries when:
a. The property consists of a minimum of 2 acres in land area.
b. Maximum of six hives are permitted per acre of land.
c. All structures associated with honeybees must follow the accessory structure setbacks.
SECTION 6. Section 78-394 Accessory Uses shall be amended by adding text to read as
follows:
Sec. 78-394.Accessory uses.
Within any RR-1A one-family rural residential district,the only permitted accessory uses and
structures are the following:
(1) Buildings temporarily located for purposes of construction on the premises for a period not to
exceed time necessary for such constructing.
(2) Driveways, sidewalks and parking spaces.
(3) Detached private garages and buildings subject to the performance standards of this chapter.
(4) [Reserved].
(5) Farm animal structures and enclosures such as barns,chicken coops,paddocks and arenas,horse
loafing sheds, etc.
(6) Keeping of farm animals for noncommercial purposes and for the use of the occupants of
premises, provided that:
a. For the keeping of horses,there must be at least one acre for the dwelling and two acres of
open pasture for the first horse. For the keeping of 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.
b. For the keeping of 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.
(7) Kennel structures and dog runs, subject to the provisions of chapter 62, article 3.
14
(8) Fencing subject to the provisions of section 78-1405(7).
(9) Signs, as regulated in this chapter.
(10) Flagpoles, subject to accessory structure location and height requirements of this chapter.
(11) Gardening and other horticultural uses,including arbors,trellises, aviaries and decorative
landscape features,and lawn sprinkler systems.
(12) Compost structures and firewood piles,subject to the accessory structure location requirements
of this chapter.
(13) Home occupations,as defined in this chapter.All home occupations shall comply with the
provisions of section 78-1376,and the licensing provisions of[section] 26-76,when applicable.
(14) One temporary roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least 30 feet back
from the public right-of-way.
(15) Storage of recreational vehicles and equipment such as RVs,boats, snowmobiles, etc., subject to
the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar
structures equipped with wheels or mounted on a trailer shall be regulated as recreational
vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a
trailer shall be regulated as accessory buildings and subject to accessory building regulations.
(16) Garage sales,yard sales,estate sales or rummage sales,limited to a maximum of four
consecutive days and occurring no more than two times within one calendar year per property;
and sales of personal or recreational vehicles and equipment, limited to no more than two items
per calendar year, and such items for sale shall not be parked in any portion of the public right-
of-way,public boulevard, or required front yard except a designated, improved driveway.
(17) Laundry drying equipment.
(18) Other uses that are customarily incidental to,and subordinate to,the allowed permitted and
conditional uses in this district.
(19) Apiaries when:
a. The property consists of a minimum of 2 acres in land area.
b. Maximum of six hives are permitted per acre of land.
c. Al! structures associated with honeybees must follow the accessory structure setback
SECTION 7. Section 78-419 Accessory Uses shall be amended by adding text to read as
follows:
Sec.78-419. Accessory uses.
Within any RR-1B one-family rural residential district,the only permitted accessory uses and
structures are the following:
(1) Buildings temporarily located for purposes of construction on the premises for a period not to
exceed time necessary for such constructing.
(2) Driveways, sidewalks and parking spaces.
(3) Detached private garages and buildings subject to the performance standards of this chapter.
(4) [Reserved].
(5) Farm animal structures and enclosures such as barns,chicken coops,paddocks and arenas,horse
loafing sheds, etc.
15
(6) Keeping of farm animals for noncommercial purposes and for the use of the occupants of
premises,provided that:
a. For the keeping of horses,there must be at least one acre for the dwelling and two acres of
open pasture for the first horse. For the keeping of 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.
b. For the keeping of 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.
(7) Kennel structures and dog runs, subject to the provisions of chapter 62,article 3.
(8) Fencing subject to the provisions of section 78-1405(7).
(9) Signs,as regulated in this chapter.
(10) Flagpoles, subject to accessory structure location and height requirements of this chapter.
(11) Gardening and other horticultural uses,including arbors,trellises, aviaries and decorative
landscape features, and lawn sprinkler systems.
(12) Compost structures and firewood piles, subject to the accessory structure location requirements
of this chapter.
(13) Home occupations,as defined in this chapter.All home occupations shall comply with the
provisions of section 78-1376, and the licensing provisions of[section] 26-76,when applicable.
(14) One temporary roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least 30 feet back
from the public right-of-way.
(15) Storage of recreational vehicles and equipment such as RVs, boats,snowmobiles, etc., subject to
the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar
structures equipped with wheels or mounted on a trailer shall be regulated as recreational
vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a
trailer shall be regulated as accessory buildings and subject to accessory building regulations.
(16) Garage sales,yard sales,estate sales or rummage sales,limited to a maximum of four
consecutive days and occurring no more than two times within one calendar year per property;
and sales of personal or recreational vehicles and equipment, limited to no more than two items
per calendar year, and such items for sale shall not be parked in any portion of the public right-
of-way,public boulevard, or required front yard except a designated, improved driveway.
(17) Laundry drying equipment.
(18) Other uses that are customarily incidental to,and subordinate to,the allowed permitted and
conditional uses in this district.
(19) Apiaries when:
a. The property consists of a minimum of 2 acres in land area.
b. Maximum of six hives are permitted per acre of land.
c. All structures associated with honeybees must follow the accessory
SECTION 8. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage
and publication.
16
ADOPTED this a- day offluc�he(2021 on a vote of ayes and 0 nays by the City
Council of Orono,Minnesota.
ATTEST:
0104dil°
Dennis Walsh,Mayor
Apt1M i,; EPtrtc.o5� Gcrr 14,0
Ordinance published in The Laker and The Pioneer newspapers the week of i euerhber, 202).
les
17