HomeMy WebLinkAboutOrd #299 amending code pertaining chapter 78 ORDINANCE NO. 299
CITY OF ORONO
HENNEPIN COUNTY,.MINNESOTA
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
PERTAINING CHAPTER 78 FOR AMENDMENTS THROUGHOUT THE CHAPTER
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Section 78-5 shall be amended by deleting the strikethrough text to read as
follows
Sec. 78-5. Purpose.
(a) Guiding principles.
(1) The city is growing in population from a rural agricultural community to a rural
residential community. Use of land for residential purposes is considered primary with
other uses viewed as supporting this use. While present commercial or industrial
activity, where consistent with residential use and other guiding principles, will be
protected by ordinance or conditional use permit, it is not the intention to expand or
allow all such commercial or industrial activity to a degree where it conflicts with the
primary residential use and the other guiding principles. The continued use of land for
farming and similar purposes will be protected by ordinance or conditional use permit
where sufficient acreage allows such use to continue without conflict with expanding
residential use.
(2) The maintenance of open space and the avoidance of overcrowding of land is a basic
guiding principle in this plan. In addition to avoiding the ill effects of excessive,
intensive land development, it is the policy to also avoid the threat to public health
which occurs with excessive crowding of private sewage disposal systems on
substandard building sites.
(3) The city has recognized that many of the open space policies which have previously
provided the basic direction of the land use policies have proven to be inadequate. It is
now clear that on-site disposal systems must not be allowed on any site of less than
two acres. It is now clear that the physical characteristics of the city make the
extension of public services such as sewer extremely expensive and almost impossible
in some areas. The city and other governmental agencies have learned that the
premature development of open areas can be costly and disastrous to the environment.
(4) Of paramount importance to the citizens of the city and to the citizens of the
metropolitan area is the preservation of Lake Minnetonka and the wetlands that
provide the only practical system of filtration and purification of the stormwater so
vital to the preservation of Lake Minnetonka and the groundwater supplies in the area.
The disastrous effects of intense residential and commercial development within the
Page 1 of 21
city, and especially in those areas adjacent to Lake Minnetonka and the wetlands, are
painfully evident. The adoption of additional regulations, rezoning of certain areas and
the creation of larger lot sizes in unsewered areas is mandatory in order to protect the
safety, health and welfare of the citizens of the city.
(5) The guiding principles of maintaining open spaces, avoiding the ill effects of
overcrowding, avoiding premature development, avoiding the future pollution
problems which are inherent in any plan to intensely develop land adjacent to wetlands
and Lake Minnetonka, and the need to change some allowed uses in order to preserve
the quality of the groundwater supplies in the area were recognized in the
comprehensive municipal plan. adopted on December 2, 1974, and the amendments to
the comprehensive zoning chapter and map adopted by the council on December 19,
4-9-7-4-.--The-pfineiples-e-st-ablisheEl-in-the-4-97-4-eempfeheasive-munieipal-plan-were
further reinforced by the 1980 Orono Community Management Plan adopted by
Resolution No. 1338 on November 23, 1981, and the 2000 2020 Orono Community
TManagem adopted by Resolutionz o723.1 efl-Ne 'ember 13,�0Q1Tae
official zoning map has since been revised by Ordinance No. 2 2nd series, adopted
June 11, 1984; Ordinance No. 33 2nd series, adopted March 30, 1987; Ordinance No.
64 2nd series, adopted October 10, 1988; Ordinance No. 83 2nd series, adopted April
23, 1990; Ordinance No. 149 2nd series, adopted August 26, 1996; Ordinance No. 157
2nd series, adopted April 11, 1997; Ordinance No. 187 2nd series, adopted May 10,
1999; and Ordinance No. 207 2nd series, adopted October 22, 2001.
(b) Intent and purpose. This chapter is adopted for the purposes of:
(1) Protecting the public health, safety, morals, comfort, convenience and general welfare;
(2) Dividing the city into zones and districts restricting and regulating therein the location,
construction, reconstruction, alteration, and use of structures and land;
(3) Promoting orderly development of the residential, business, industrial, recreation and
public areas;
(4) Providing adequate light, air and convenience of access to property;
(5) Limiting congestion in the public right-of-way;
(6) Preventing overcrowding of land and undue concentration of structures by regulating
the use of the land and buildings and the bulk of buildings in relation to the land and
buildings surrounding them;
(7) Providing for the compatibility of different land uses and the most appropriate use of
land throughout the city,preventing the destruction of the natural environmental assets
located within the city,protecting the quality of stormwater runoff, Lake Minnetonka,
Long Lake, the wetlands and marshes within the city;
(8) Providing for a more orderly transition from a rural agricultural to rural residential
environment;
(9) Providing for the administration of this chapter;
(10) Defining the powers and duties of the administrative, officers and bodies; and
(11) Prescribing penalties for the violation of the provisions of this chapter.
Page 2 of 21
SECTION 2. Section 78-230 shall be amended by deleting the strikethrough text and adding
the underlined text to read as follows
Sec. 78-230. R-1A district—Area, height, lot width, setback, and yard requirements.
(a) The following minimum requirements shall be observed:
Dimensional Requirements:
Lot Area (Minimum): 1.0 acre.
Lot Width (Minimum): 140 feet.
Height: Maximum 30 feet defined height; accessory buildings may not exceed the height of the
principal building.
Setbacks: Street/Front Interior Side Rear OHWL Wetland
(feet) Side Street (feet) (feet) (feet)
(feet) (feet)
Principal Building 35 10 35 30 na 25 or
MCWD
buffer
Accessory Building 35 10 35 10 na 25 or
(AB) <1,000 sf MCWD
buffer
Oversize Accessory 35 10 35 30 na 25 or
Building (OAB) MCWD
>1,000 sf buffer
Accessory Structures 17.5 10 17.5 10 na 25 or
(AS) MCWD
buffer
(b) Exceptions:
(1) Side yard setback. For lots that are non-conforming as to their width, the interior side
yard setback for the principal building, and accessory buildings less than 1,000 square
feet, shall be the lesseer 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 rights-of-way. In any residential district, the setback
for side yards adjacent 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 by 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 building, and accessory buildings less than 1,000
square feet, shall be equal to the average depth of the existing front yards on the
adjacent 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.
Page 3 of 21
SECTION 3. Section 78-255 shall be amended by deleting the strikethrough text and adding
the underlined text to read as follows
Sec. 78-255. R-1B district—Area, height, lot width, setback, and yard requirements.
(a) The following minimum requirements shall be observed:
Dimensional Requirements:
Lot Area (Minimum): 0.5 acre.
Lot Width (Minimum): 100 feet.
Height: Maximum 30 feet defined height; accessory buildings may not exceed the height of the
principal building.
Setbacks: Street/Front Interior Side Rear OHWL Wetland
(feet) Side Street (feet) (feet) (feet)
(feet) (feet)
Principal Building 30 10 15 30 na 25 or
MCWD
buffer
Accessory Building 30 10 15 10 na 25 or
(AB) <1,000 sf MCWD
buffer
Oversize Accessory 30 10 15 30 na 25 or
Building (OAB) MCWD
>1,000 sf buffer
Accessory Structures 15 10 7.5 10 na 25 or
(AS) MCWD
buffer
(b) Exceptions:
(1) Side yard setback. For lots that are non-conforming as to their width, the interior side
yard setback for the principal building, and accessory buildings less than 1,000 square
feet, shall be the lesseer 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 rights-of-way. In any residential district, the setback
for side yards adjacent 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 by 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 building, and accessory buildings less than 1,000
square feet, shall be equal to the average depth of the existing front yards on the
adjacent 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.
Page 4 of 21
SECTION 4. Section 78-305 shall be amended by deleting the strikethrough text and adding
the underlined text to read as follows
Sec. 78-305. LR-1A district—Area, height, lot width, setbacks, and yard requirements.
(a) The following minimum requirements shall be observed:
Dimensional Requirements:
Lot Area (Minimum): 2.0 acre.
Lot Width (Minimum): 200 feet.
Height: Maximum 30 feet defined height; accessory buildings may not exceed the height of the
principal building.
Setbacks: Street/Front Interior Side Rear/Street OHWL* Wetland
(feet) Side Street (feet) (feet) (feet)
(feet) (feet)
Principal Building 50 30 30 50 75/100/150 25 or
+ALS MCWD
buffer
Accessory Building 50 15 30 15 75/100/150 25 or
(AB) <1,000 sf +ALS MCWD
buffer
Oversize Accessory 50 30 30 50 75/100/150 25 or
Building (OAB) +ALS MCWD
>1,000 sf buffer
Accessory 25 15 15 15 75/100/150 25 or
Structures (AS) +ALS MCWD
buffer
*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-conforming as to their width, the interior side
yard setback for the principal building, and accessory buildings less than 1,000 square
feet, shall be the lesseer of ten-thirty (30) feet or equal to ten percent of the lot width as
defined. However, in no case shall the side yard setback be less than ten feet.
(2) Side yards adjacent to unimproved rights-of-way. In any residential district, the setback
for side yards adjacent 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 by the city or county for vehicular travel.
Page 5 of 21
(3) Front yard setback. For lots that are non-conforming with respect to area the minimum
front yard setback for the principal building, and accessory buildings less than 1,000
square feet, shall be equal to the average depth of the existing front yards on the
adjacent 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 5. Section 78-330 shall be amended by deleting the strikethrough text and adding
the underlined text to read as follows
Sec. 78-330. LR-1B district—Area, height, lot width, setback, and yard requirements.
(a) The following minimum requirements shall be observed:
Dimensional Requirements:
Lot Area (Minimum): 1.0 acre.
Lot Width (Minimum): 140 feet.
Height: Maximum 30 feet defined height; accessory buildings may not exceed the height of the
principal building.
Setbacks: Street/Front Interior Side Rear/Street OHWL* Wetland
(feet) Side Street (feet) (feet) (feet)
(feet) (feet)
Principal Building 35 10 20 30 75/100/150 25 or
+ALS MCWD.
buffer
Accessory Building 35 10 20 10 75/100/150 25 or
(AB) <1,000 sf +ALS MCWD
buffer
Oversize Accessory 35 10 20 30 75/100/150 25 or
Building (OAB) +ALS MCWD
>1,000 sf buffer
Accessory 17.5 10 10 10 75/100/150 25 or
Structures (AS) +ALS MCWD
buffer
*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-conforming as to their width, the interior side
yard setback for the principal building, and accessory buildings less than 1,000 square
feet, shall be the lesseer 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.
Page 6 of 21
(2) Side yards adjacent to unimproved rights-of-way. In any residential district, the setback
for side yards adjacent 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 by 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 building, and accessory buildings less than 1,000
square feet, shall be equal to the average depth of the existing front yards on the
adjacent 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 6. Section 78-350 shall be amended by deleting the strikethrough text and adding
the underlined text to read as follows
Sec. 78-350. LR-1C district—Area, height, lot width, setback, and yard requirements.
(a) The following minimum requirements shall be observed:
Dimensional Requirements:
Lot Area (Minimum): 0.5 acre.
Lot Width (Minimum): 100 feet.
Height: Maximum 30 feet defined height; accessory buildings may not exceed the height of the
principal building.
Setbacks: Street/Front Interior Side Rear/Street OHWL* Wetland
(feet) Side Street (feet) (feet) (feet)
(feet) (feet)
Principal Building 30 10 15 30 75/100/150 25 or
+ALS MCWD
buffer
Accessory Building 30 10 15 10 75/100/150 25 or
(AB) <1,000 sf +ALS MCWD
buffer
Oversize Accessory 30 10 15 30 75/100/150 25 or
Building (OAB) +ALS MCWD
>1,000 sf buffer
Accessory 15 10 15 10 75/100/150 25 or
Structures (AS) +ALS MCWD
buffer
*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:
Page 7 of 21
(1) Side yard setback. For lots that are non-conforming as to their width, the interior side
yard setback for the principal building, and accessory buildings less than 1,000 square
feet, shall be the lesseer 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 rights-of-way. In any residential district, the setback
for side yards adjacent 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 by 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 building, and accessory buildings less than 1,000
square feet, shall be equal to the average depth of the existing front yards on the
adjacent 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 7. Section 78-370 shall be amended by deleting the strikethrough text and adding
the underlined text to read as follows
Sec. 78-370. LR-1C-1 district—Area, height, lot width, setback, and yard requirements.
(a) The following minimum requirements shall be observed:
Dimensional Requirements:
Lot Area (Minimum): 0.5 acre.
Lot Width (Minimum): 100 feet.
Height: Maximum 30 feet defined height; accessory buildings may not exceed the height of the
principal building.
Setbacks: Street/Front Interior Side Rear/Street OHWL* Wetland
(feet) Side Street (feet) (feet) (feet)
(feet) (feet)
Principal Building 30 10 15 30 75/100/150 25 or
+ALS MCWD
buffer
Accessory Building 30 10 15 10 75/100/150 25 or
(AB) <1,000 sf +ALS MCWD
buffer
Oversize Accessory 30 10 15 30 75/100/150 25 or
Building(OAB) +ALS MCWD
>1,000 sf buffer
Accessory 15 10 15 10 75/100/150 25 or
Structures (AS) +ALS MCWD
buffer
Page 8 of 21
*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-conforming as to their width, the interior side
yard setback for the principal building, and accessory buildings less than 1,000 square
feet, shall be the lesseer 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 rights-of-way. In any residential district, the setback
for side yards adjacent 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 by 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 building, and accessory buildings less than 1,000
square feet, shall be equal to the average depth of the existing front yards on the
adjacent 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 8. Section 78-395 shall be amended by deleting the strikethrough text and adding
the underlined 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 Requirements:
Lot Area (Minimum): 5.0 acre.
Lot Width (Minimum): 300 feet.
Height: Maximum 30 feet defined height.
Setbacks: Street/Front Interior Side Rear/Street OHWL* Wetland
(feet) Side Street (feet) (feet) (feet)
(feet) (feet)
Principal Building 100 50 100 100 75/100/150 25 or
+ALS MCWD
buffer
Accessory Building 100 20 100 20 75/100/150 25 or
(AB) <1,000 sf +ALS MCWD
buffer
Oversize Accessory 100 50 100 100 75/100/150 25 or
Building (OAB) +ALS MCWD
>1,000 sf buffer
Page 9 of 21
Accessory 50 20 50 20 75/100/150 25 or
Structures (AS) +ALS MCWD
buffer
*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 yards adjacent to unimproved rights-of-way. In any residential district, the setback
for side yards adjacent 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 by the city or county for vehicular travel.
(2) Front yard setback. For lots that are non-conforming with respect to area the minimum
front yard setback for the principal building, and accessory buildings less than 1,000
square feet, shall be equal to the average depth of the existing front yards on the
adjacent 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 9. Section 78-420 shall be amended by deleting the strikethrough text and adding
the underlined text to read as follows
Sec. 78-420. RR-1B district—Area, height, lot width, setback, and yard requirements.
(a) The following minimum requirements shall be observed:
Dimensional Requirements:
Lot Area (Minimum): 2.0 acre.
Lot Width (Minimum): 200 feet.
Height: Maximum 30 feet defined height.
Setbacks: Street/Front Interior Side Rear/Street OHWL* Wetland
(feet) Side Street (feet) (feet) (feet)
(feet) (feet)
Principal Building 50 30 30 50 75/100/150 25 or
+ALS MCWD
buffer
Accessory Building 50 15 30 15 75/100/150 25 or
(AB) <1,000 sf +ALS MCWD
buffer
Oversize Accessory 50 30 30 `50 75/100/150 25 or
Building (OAB) +ALS MCWD
>1,000 sf buffer
Page 10 of 21
Accessory 25 15 15 15 75/100/150 25 or
4.
Structures (AS) +ALS MCWD
buffer
*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-conforming as to their width, the interior side
yard setback for the principal building, and accessory buildings less than 1,000 square
feet, shall be the lesseer of tee-thirty(30) feet or equal to ten percent of the lot width as
defined. However, in no case shall the side yard setback be less than ten feet.
(2) Side yards adjacent to unimproved rights-of-way. In any residential district, the setback
for side yards adjacent 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 by 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 building, and accessory buildings less than 1,000
square feet, shall be equal to the average depth of the existing front yards on the
adjacent 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 10. Section 78-1405 shall be amended by deleting the strikethrough text and adding
the underlined text to read as follows
Sec. 78-1405. NoneneFoo Permitted Encroachments
(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) Steps, sidewalks, uncovered porches, stoops,or similar structures which do not extend
above the height of the ground floor level of the principal building and extend to a
distance of not less than two feet from any lot line.
(4) Bays, cantilevers, and fire escapes. In side or rear yards only, the following
encroachments are permitted:
Page 11 of 21
a. Bays and/or cantilevers which are not part of the defined building footprint, may
extend up to two feet into the required side or rear yard, provided the aggregate
area of the bays and/or cantilevers is not more than 20 square feet; and
b. Fire escapes not exceeding a width of three feet and a depth of four feet.
(5) Driveways and parking areas when constructed, located,and used in compliance with
other provisions contained within chapter 78. Driveways and parking areas may 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 the 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 toto meet the required accessory structure setbacks
established for that yard.
(7) Window wells including those for fire egress which do not extend more than five feet
from the building, and are no closer than two feet to the property 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.
(9) Fences erected in all zoning districts are considered as a aeapermitted encroachment
when they conform to the standards listed below. A fence shall be located a minimum
of ten feet from the edge of the paved, traveled roadway. 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
Page 12 of 21
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 Monument. A fence monument is a permanent structure or object, with or
without a footing, made with masonry or stone materials,used in place of, and
functioning as a post that supports a fence.
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 six inches ten percent of the allowed maximum fence height at the
location.
Drawing: Fence Height Measurement
on Sloped Site
11111111411
I /
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
Page 13 of 21
fence not exceeding six feet in height may be located along the street lot line,
and within the rear street setback 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 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
Page 14 of 21
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 areal legally nonconforming as to location, height,
design, or other characteristics may be replaced in kind.
(10) Fence Monument, as part of a fence erected in all residential zoning districts are
considered as a nonencroachment when it conforms to the following standards:
a. Property corners shall be located and identified (staked);
b. Fence monuments must be set back a minimum of five feet from all property
boundaries and never fewer than ten feet from the edge of the paved, traveled
roadway;
c. An individual fence monument shall be limited to a maximum footprint of six
square feet;
d. Fence monuments may not exceed the maximum allowed height of the associated
fence, including any appurtenances. Any fence monument exceeding the maximum
height must meet accessory structure setbacks for the appropriate district;
e. Building Permit requirements:
1. A building permit is required if footings are proposed;
2. Construction plans with footing details are required to be submitted for
permit approval;
3. If the fence and/or fence monuments exceed six feet in height, a building
permit is required.
(11) 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:
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;
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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.
(4412) Gates, when proposed, must meet the following requirements:
a. The gate must open into the property not outward 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.
(4-213) Lawn irrigation systems are permitted in any required yard. Non-pressurized lines
for irrigation systems may be installed in the adjacent right-of-way, at the system
owner's risk. The system owner shall relocate or remove the lawn irrigation system
from the right-of-way at the system owner's expense in the event said relocation or
removal is required by the city or other utility company authorized to use the city right-
of-way. System owner shall defend, indemnify, and hold harmless the city its officials,
and employees from and against any and all claims, liability for loss, damage, or injury
arising directly or indirectly from the lawn irrigation system or to the system that is in
the right-of-way.
(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.
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SECTION 11. Section 78-1431 shall be amended by deleting the strikethrough text and adding
the underlined 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
principal building setbacks that are established for the appropriate district. 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, 78 120,78
444.
(2) No negative impacts to adjacent neighbors or public right of way result in the
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 12. Section 78-1434 shall be amended by deleting the strikethrough text and adding
the underlined text to read as follows
Sec. 78-1434.Building size restrictions.
No accessory building shall exceed 1,000 square feet of footprint area; except that accessory
buildings in excess of 1,000 square feet shall be considered oversized and will be allowed under
the following conditions:
(1) Not more than one oversized accessory building (OAB) shall be permitted on any
property. An OAB is defined as an accessory building of footprint area in excess of
1,000 square feet.
(2) An OAB is regulated by the following table:
Lot Area(acres) Maximum Allowed Cumulative Total of All Accessory
Building Footprint Areas on a Property (square feet)
0-1.99 2,000
2.00-3.00 2,400
3.01-3.50 2,800
3.51-4.00 3,200
4.01-4.50 3,600
4.51-5.00 4,000
5.01-6.00 4,400
6.01-7.00 4,800
7.01-8.00 5,200
8.01-9.00 5,600
9.01-10.00 6,000
10.01-11.00 6,400
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11.01-12.00 6,800
12.01-13.00 7,000
13.01-14.00 8,000
14.01 or more 1.30% of lot area
(3) Any OAB shall be subject to the following conditions:
a. Principal building setbacks must be met. Further, no OAB shall be nearer the front
lot line than the front line of the principal building on the property.
b. The maximum height for such accessory building shall be 30 feet or the defined
height of the principal residence building on the property,whichever is less.
c. 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 building, except that the city in its subdivision approval may grant a
finite time period in which the OAB may remain without a principal building, in
order that a principal building may be constructed. At the end of this time period,
the OAB must be removed if no principal building has been constructed.
2. If the property is subdivided, the OAB and principal building will be located
together within a lot that meets the minimum lot area requirement for the given
size of the OAB.
3. In subdivision approval, the setback required for the 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 13. Section 78-1437 through 1440 shall be amended by deleting the strikethrough
text and adding the underlined 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) (1) The provision of outside sillcocks and indoor water supply shall be allowed in any
accessory building.
(2) Installation of a toilet and/or sink in any accessory building shall be subject to the
provision of municipal sanitary sewer or a conforming sewage treatment system
designed to handle the anticipated flows from such fixtures.
(1)
(2)(3) (2) Installation of any combination of fixtures which includes a bathtub or
shower requiring wastewater plumbing in any accessory building, subject to provision
of municipal sanitary sewer or a conforming sewage treatment system designed to
Page 18 of 21
handle the anticipated flows from such fixtures, and shall be 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.
e b. Rented, leased, or otherwise provided for use as a dwelling under any
circumstances.
Sec. 78-1438. Building Placement.
a. No accessory building,unless an integral part of the principal building, shall be erected,
altered or moved within ten feet of the principal building, nor within ten feet of another
accessory buildingAll principal and accessory buildings on the same lot must be
separated by a ten foot setback from other buildings.
a.
b. (Code 1981, § 10.03(12); Ord. No. 165 3rd series, § 1, 3 14 2016)
e—Scc�439. (�- )Within RR-1A and RR-1B districts, an accessory building less than
1,000 square feet may be located streetward of the principal building provided the
following conditions are met:
d. ap. Principal building setbacks and the exterior materials provision within 78-1440(b)
are met. shall be met; and
b.
b. The"accessory building shall be consistent in design, color and exterior material with the
principal building.
Reserved.
Editor's note(s) Ord. No. 222 3rd series, § 31, adopted Dec. 10, 2018, repealed § 78 1139,
which pertained to garages and derived from Code 1981, § 10.03(13).
Sec. 78-144039. Exterior materials.
a (a) Any accessory buildings and the principal buildings shall be consistent in design
and color. Except for accessory buildings that are less than 120 square feet in area or are
located on lots two acres in area or larger.
(b) Within RR lA and RR 1B districts, an accessory building less than 1,000 square feet
met:
b. All accessory buildings located streetward of the principal building within RR-1A and
RR-1B districts shall be consistent in design, color, and exterior materials with the
principal building. a. Principal building setbacks shall be met; and
b. The accessory building shall be consistent in design, color and exterior material with the
principal building.
Page 19 of 21
ScE 78 14 71 78 1 46 .Rescrvc.a.
SECTION 14. Section 78-1511 shall be amended by deleting the strikethrough text and adding
the underlined text to read as follows
Sec. 78-1511. Setbacks for parking.
Required off-street parking in all districts shall meet the following setback requirements:
(1) R districts. Within all R districts, all vehicles normally owned or kept by the occupants
on the premises must have a garage stall or open parking space on the same lot as the
principal use served. Garage stalls accessory to residential structures may be located to
within ten feed of an interior side lot line and to within ten feed of an interior side lot
rii a *v� ithiirc n fco ca vri icir' t liia s. ect t i„ chapter. Open parking spaces
on lots must have a location other than a required yard, except that such parking may
be located in a rear yard to within ten feet of an interior side lot line and to within ten
five feet of a rear lot line. All vehicle parking must be on an approved hard surface.
(2) B districts. Within the B-2 district parking may shall not be allowed in a required yard
or landscaping area. Within the B-1, B-3 and B-4 districts, parking spaces and/or
garages shall be located in areas other than a required yard; except that open, off-street
parking spaces may be located in a rear yard to within three feet of the rear or side lot
line unless the rear or side lot line is in common with an R district; in which case the
setback distance shall be the same as required for the R district. All vehicle parking
must be on an approved hard surface.
(3) Ilndustrial districts. All off-street parking spaces shall conform with the requirements
of section 78-827 of the Zoning Ordinance.
SECTION 15. EFFECTIVE DATE: This ordinance shall take effect immediately upon its
passage and publication.
ADOPTED this 11 day of March, 2024 by the City Council of Orono, Minnesota.
CITY OF ORONO
By:
Dennis Walsh, Mayor
ATTEST:
Christi e usia •ty Clerk
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SUMMARY PUBLICATION
ORDINANCE NO. 299
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE UPDATING ZONING REGULATIONS
The City Council of the City of Orono, Minnesota approved amendments which include
clarifying language, typos, deletion and edits within Chapter 78 pertaining to zoning
regulations. The complete text of this ordinance is available at city hall or
www.oronomn.gov.
CITY OF ORONO
/s/Dennis Walsh, Mayor
Attest:
/s/Christine Lusian, City Clerk
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