HomeMy WebLinkAboutOrd #265 - 3rd Ser/Amending Pertaining to Lots of Record Within Shoreland Overlay District ORDINANCE NO.265,THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY,MINNESOTA
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
PERTAINING TO LOTS OF RECORD WITHIN THE SHORELAND OVERLAY
DISTRICT
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Sec.78-72.Lots of record.shall be amended by adding or deleting text to read as
follows:
Sec. 78-72.Lots of record.
(a) A lot of record is 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.
(b) A lot of record located within an R(Residential)or RR(Rural Residential)district but not within the
Shoreland Overlay district,RS Seasonal Recreational district,or any of the LR-Lakeshore Residential
districts,which does not meet the requirements of this chapter as to area or width may be utilized for a
single-family detached dwelling purpose,provided that in the judgment of the council or
administrative approval by the planning director,such use does not adversely affect public health or
safety and the following requirements are met:
(1) In R districts of one acre or less and served by public sanitary sewer.A lot of record existing
upon January 1, 1975, in any R district of the city of up to and including one acre,which lot is
serviced by public sanitary sewer and which does not meet the requirements of this chapter as to
area or width only,may be utilized for single-family detached dwelling purposes without council
approval if all other requirements of the underlying zoning district are met,including but not
limited to required yards,setbacks,lot coverage by structures,hardcover,etc.However,the lot
of record shall not be more intensely developed unless combined with one or more abutting lots
or portions so as to create a lot meeting the requirements of this chapter.
(2) In R or RR districts of greater than one acre and served by public sanitary sewer.A lot of record
in any R or RR district in the city in excess of one acre which does not meet the requirements of
this chapter as to area or width only may be utilized for single-family detached dwelling
purposes by administrative approval if the planning director finds that the following conditions
are met:
a. It is at least one acre in size,and the average width of the lot is at least 100 feet;
b. It is served by public sanitary sewer;and
c. It otherwise meets the requirements of this chapter or other applicable Code
provisions.
(3) In R or RR districts not served by public sanitary sewer.A lot of record in any R or RR
district in the city not served by public sanitary sewer must meet the area and width
requirements of this chapter and shall not be utilized for single-family detached dwelling
purposes without council approval.Administrative approval may be granted for a lot of
record not meeting the lot area and width requirements if the planning director finds that
the following conditions are met:
a. The lot area and lot width each meet at least 50 percent of the district standard.
b. Suitable primary and alternate septic sites are identified on the property and are
protected from future development by execution of a covenant.
c. All other zoning ordinance requirements must be met, including but not limited to the
following:
1. Setbacks.
2. Hardcover.
3. Lot coverage by structures.
4. Accessory structure requirements.
(c) A lot of record located in any shoreland district,including the Shoreland Overlay district,RS Seasonal
Recreational district,and any of the LR-Lakeshore Residential districts,that does not meet the
requirements of this chapter for lot size or lot width shall be subject to the following regulations:
(1) A nonconforming undeveloped single lot of record may be allowed as a building site without
variances from lot size and width requirements,provided that:
a. All setback requirements can be met;
b. A Type 1 sewage treatment system consistent with Minnesota Rules,chapter 7080, can be
installed or the lot is connected to a public sewer;and
c. The impervious surface coverage meets all hardcover location and square footage
restrictions of this chapter and the total square footage of hardcover does not exceed 25
percent of the entire lot area.
d. All other zoning district standards can be met.
(2) A nonconforming developed single lot of record may be allowed as a building site without
variances from lot size and width requirements,provided that:
a. All setback requirements can be met;
b. A Type 1 sewage treatment system consistent with Minnesota Rules,chapter 7080,can be
installed or the lot is connected to a public sewer; and
c. The impervious surface coverage meets all hardcover location and square footage
restrictions of this chapter and the total square footage of hardcover does not exceed the
percentage permitted in the appropriate Stormwater Quality Overlay District Tier.
d. All other zoning district standards can be met.
(SI)In a group of two or more contiguous lots of record under a common ownership, an individual lot
must be considered as a separate parcel of land for the purpose of sale or development, if it
meets the following requirements:
a. The lot must be at least 66 percent of the dimensional standard for lot width and lot size for
the shoreland classification consistent with Minnesota Rules,chapter 6120;
b. The lot must be connected to a public sewer,if available, or must be suitable for the
installation of a Type 1 sewage treatment system consistent with Minnesota Rules,chapter
7080,and local government controls;and
c. Impervious surface coverage must meet all hardcover location and square footage
restrictions of this chapter and the total square footage of hardcover must not exceed 25
percent of the entire lot area;and
d. Development of the lot must be consistent with the comprehensive plan.
of this chapter,as follows:
2
a. Where the hardcover square footage allotment as calculated based on the assigned tier
exceeds 25 percent of the entire lot aroma., hardcover shall be limited to 25 percent of the
entire lot area.
b. No portion of the impervious surface square footage allowed shall be placed within in 75
location as regulated elsewhere in this chapter.
(4) A lot subject to subsection 78-72(c)(2)not meeting the requirements of subsection 78-72(c)(2)
must be combined with the one or more contiguous lots so they equal one or more conforming
lots as much as possible.
(5) Notwithstanding subsection 78-72(c)(2),contiguous nonconforming lots of record in shoreland
areas under a common ownership must be able to be sold or purchased individually if each lot
contained a habitable residential dwelling at the time the lots came under common ownership
and the lots are suitable for,or served by, a sewage treatment system consistent with the
requirements of Minn. Stat. § 115.55 and Minnesota Rules,chapter 7080,or connected to a
public sewer.
(6) In all variance requests,zoning and building permit applications or conditional use requests,the
property owner shall address,when determined as appropriate by the city engineer or city staff,
stormwater runoff management,reduction of impervious surfaces,setback increases,restoration
of wetlands,vegetative buffers,sewage treatment and water supply capabilities, and other
conservation-designed actions.
(7) A portion of a conforming lot may be separated from an existing parcel as long as the remainder
of the existing parcel meets the lot size and sewage treatment requirements of the zoning district
for a new lot and the newly created parcel is combined with an adjacent parcel.
SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage
and publication.
ADOPTED this 6TH day of December,2021 on a vote of 5 ayes and a nays by the City
Council of Orono,Minnesota.
ATTEST:
OF lh"MS
Anna Carlson,City Clerk Dennis Walsh,Mayor
Ordinance published in The Laker Pioneer newspaper the week of Q cember- I b , 203.1.
3