HomeMy WebLinkAboutOrd #273 - 3rd Series - Amending dock access ORDINANCE NO.273,THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY,MINNESOTA
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
PERTAINING TO DOCK ACCESS IN THE RS ZONING DISTRICT
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Sec.78-579 shall be amended by adding text to read as follows:
Section 78-579.—Easement for non-riparian lake access
An owner of a riparian lot within the Seasonal Recreational (RS)zoning district may only grant an
easement over their riparian, RS zoned property to benefit a non-riparian, RS zoned property for lake
access purposes.
Sec.78-566.-Accessory uses.
Within any RS seasonal recreational district,no accessory structure or use of land shall be permitted
unless a permitted or conditional use is first established on such land, except as allowed in section 78-
564(3). Once a permitted or conditional use exists on any lot or parcel, no accessory structure or use of
land shall be permitted except for one or more of the following uses:
(1)Docks conforming to city and Lake Minnetonka Conservation District regulations,not to exceed
one slip per 50 feet of shoreline width, or a maximum of four slips per property, whichever is less. An
annual joint-use dock license shall be required for any nonresidential dock and/or for any property
having more than four slips. The accessory use of a residential or non-residential private dock shall not
include renting space, except to an inland Big Island lot owner.
SECTION 2. Chapter 78-567 shall be amended by adding and deleting text to read as follows:
Sec. 78-567. - Permit for private improvements within public rights-of-way.
It is unlawful for any person to alter, improve or use for private purposes in any RS district any platted
public right-of-way, any platted public park, or any other property owned by the city without first
obtaining a permit from the council, as follows:
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(2)Land alterations. Grading or physical alteration of any platted public right-of-way for any purpose;
is prohibited except when such work has been specifically authorized
as part of a permit issued by the council. The permit applicant shall provide a detailed land survey of
the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all
proposed work. Permit approval shall be subject to obtaining a grading permit from city staff; and land
alterations involving filling and grading shall be performed with only clean fill, and all other permits as
may be required by other agencies having jurisdiction. Public rights-of-way so improved shall be
maintained by the licensee.
(3)Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on any platted
public right-of-way for any purpose, including inland property access, is prohibited except when such
dock has been specifically authorized as part of a permit or license issued by the council.Net-more-than
.. . .. . • .
(4)Encroachments prohibited. No private property, buildings, structures, fences,boats, vehicles, dock
parts,junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-
way, within any platted public park, or on any other property owned by the city except as specifically
authorized by a permit or license .
(5)Permit exceptions. No permit shall be required for any person to walk on or over any platted public
right-of-way or any platted public park when such use is made without altering the natural state of the
land.No permit shall be required for any person whose property abuts a platted public right-of-way or a
platted public park to control weeds or brush, seed, sod, mow or otherwise maintain the right-of-way or
park in a neat and presentable manner. Persons whose record lot established by section 78-568 consists
of tax parcels divided by platted, unopened public right-of-way may incorporate and use such right-of-
way as part of their yard without a permit, provided no permanent structures are erected or maintained
within the right-of-way.
(6)Public use limited. Any permit issued under this section shall be deemed to open the platted public
right-of-way only to the extent necessary as established in the permit, and for the limited use of the
permittee and his invitees.
(7)Permit limitations. A permit or license issued under this section shall not grant or vest any property
rights to use of the public right-of-way or other public property, or in any improvements. Permits or
license issued under this section shall be valid for one year, shall be subject to change, alteration or
revocation for cause by the council at any time, and shall be automatically renewable on the
anniversary of the date of issuance except upon written notice from the city to the permittee or licensee
at least 30 days prior to the anniversary date.
(8)Hold harmless. As a condition of issuance of any permit or license,the applicant shall in writing
release, indemnify and hold harmless the city from any and all claims or causes of action arising out of
the use or alteration of the platted right-of-way by applicant or his invitees.
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(9)Permit hearing and notice. The planning commission or the council shall hold a public hearing or
hearings on each application for a permit as required by section 78-48.
SECTION 3.EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage
and publication.
ADOPTED this 13th day of June,2022 on a vote of 9ayes and nays by the City Council
of Orono,Minnesota.
ATTEST:
fiff
Anna Carlson, City Clerk Aaron Printup,Acting ayor
Ordinance published in The Laker Pioneer newspaper the week(jam, If 2022.
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