HomeMy WebLinkAboutOrd 303 amending code pertaining chapter 78 ORDINANCE NO. 303
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
PERTAINING CHAPTER 78 FOR AMENDMENTS AND TYPOS TO THE SECTION
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Sec. 78-1 shall be amended by deleting the strikethrough text and adding the
underlined 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.
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.
Apiary means a collection of hives or colonies of honeybees kept for their honey.
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.
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.
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 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.
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.
Curb cut means the opening along a street curb line orpavement edge for the purpose of
motor vehicle ingress and egress from a roadway. Curb cut width shall include the width of the
driveway approach and of the curb returns, if any.
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.
Driveway means a paved or otherwise delineated area on private property for the operation
of automobiles and other vehicles. Forman
Dry buildable means that portion of the lot not encumbered by the waters of a duly recorded Italic
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 or Interim
Use Permit. 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 or guinea hens.
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 adinga dwelling unit in a detached accessory building constructed
on an existing undivided lot for the sole use of the occupants, including their domestic
employees or their nonpaying guests, of the primary dwelling. For the purposes of this chapter, a
guest house is considered a dwelling unit if it meets all of the requirements of a dwelling unit
outlined in the Minnesota State Building Code, as amended from time to time. These
requirements include complete independent living facilities with permanent provisions for living,
sleeping, eating, cooking, and sanitation.
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.
Local Street means a residential street maintained by the City and which is not defined as a
State Highway, County Highway, collector, arterial, or a Municipal State Aid street.
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 flaglot when the corridor isplatted aspart of the lot. When the corridor is merelyan
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.
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.
Manufactured home or mMobile 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.
OHWL means ordinary high water level
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.
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 F ea s land devoted to the display f goodG f r G.,lo nt le Ge 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.
Planning Commission means the City of Orono Planning Commission
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.
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.
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. Sec. 78-1279 shall be amended by deleting the strikethrough text and adding the
underlined text to read as follows:
Sec. 78-1279. Placement of buildings and structures on lots.
When more than one setback applies to a site, buildings, structures, and facilities must be
located to meet all setbacks. Buildings and structures shall be located as follows:
(1) Building, structure, and on-site sewerage system setbacks (in feet)from ordinary high
water level:
Public Water Setbacks
Classification Building/Structure Sewage Treatment
Unsewered Sewered System
NE 150 150 150
RD 100 75 75
GD 75 75 75
Tributary 100 75 75
(2) Additional building and structure setbacks. The following additional setbacks apply,
regardless of the classification of the water body:
Setback from: Setback
(in feet)
Top of bluff 30
Unplatted cemetery 50
Right-of-way line of federal, state or county highway and 30*
local public and private roads
* Except for accessory buildings on lakeshore lots as regulated in this chapter and
except for buildings and structures subject to less restrictive side yard adjacent to
street setbacks as regulated in the various zoning districts.
(3) Bluff impact zones. Buildings, structures and accessory facilities, except stairways,
landings and lock boxes, must not be placed within bluff impact zones.
(4) Uses without water-oriented needs. Uses without water-oriented needs must be located
on lots or parcels without public waters frontage, or, if located on lots or parcels with
public waters frontage, must either be set back double the normal ordinary high water
level setback or be substantially screened from view from the water by vegetation or
topography, assuming summer, leaf-on conditions.
(5) Fences, docks, retaining walls. No fence shall be placed within the Shore Setback
zone. Portions of dock located landward of the OHWL shall be considered as a
landing, subject to the regulations for landings per section 78-1282. Retaining walls
shall not be placed within the Shore Setback zone.
(6) Average lakeshore setback. No principal or accessory building shall be located closer
to the Ordinary High Water Line(OHWL) on a lakeshore lot than the average distance
from the shoreline of existing principal buildings on adjacent lots; This does not apply
to patios and other accessory structures less than 42 inches above existing grade,
and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the
average lakeshore setback shall apply only to classified lakes and shall not apply to
tributaries. The average lakeshore setback line shall be a straight line connecting the
most lakeward protrusions of the principal buildings on the immediately adjacent
lakeshore lots.
a. In situations where improvement is proposed on a lot adjacent to a vacant lot or
right-of-way, the average lake shore setback shall be equivalent to the setback of
the most lakeward protrusion of the principal building on the immediately
adjacent improved lakeshore lot.
b. In situations where the average lake shore setback line bisects the principal
building located on either adjacent lot, the next most adjacent lake side point of
the bisected principal building shall be used for determining the average lakeshore
setback. If the line continues to bisect the principal building, the next most
lakeside point is to be used until the setback line does not bisect the principal
building on an adjacent lot.
SECTION 3. Sec. 78-1285 shall be amended by deleting the strikethrough text and adding the
underlined text to read as follows:
Sec. 78-1285. Vegetation alterations.
(a) No tree within 75 feet of the shoreline of public waters identified in section 78-1217, or
within the bluff impact zone,.with a diameter of six inches or more (or 19 inches in
circumference or greater)measured three feet above the ground may not be removed
without first obtaining a permit from the city staff.
Live trees removed within 75 feet of the shoreline;shall be replaced based at a similar setback
from the OHWL as the removed tree,based oin the following manner:
(1) Trees less than 36 inches in diameter 1 inch of replacement tree per inch of tree
diameter removed.
(2) Trees greater than 36 inches in diameter, '/2 inch of replacement tree per diameter inch
of tree removed.
(3) Replacement trees shall be at least 1.5 inches in diameter, and of a type approved by
the city. Removal of trees that are dead shall not require a permit,but such tTrees must
be inspected by city staff prior to their removal.
Removal of dDead, diseased, or trees deemed hazardous by a certified arborist and removed may
not be removed without a permit from city staff. The removed tree(s) shall be replaced at a ratio
of one tree per tree removed, regardless of size. The replacement tree shall be replanted at-the
same lake yard ofat a similar setback from the OWHL as the removed tree and, be approved by
the city administrator or designee. The city may solicit the review of the tree by an independent
arborist, at the property owner's expense.
Replacement trees shall be at least 1.5 inches in diameter.
All replacement trees , and of a typoshall be a species native to Minnesota as listed on the
Minnesota DNR's Native Trees list. All replacement trees must be approved by the city.
(b) Intensive vegetation clearing within 75 feet of the shoreline of public waters identified in
section 78-1217, on steep slopes or within the bluff impact zone within the Shoreland
Overlay District is prohibited. Limited clearing of shrubs and trees less than six inches in
diameter and cutting,pruning,.and trimming of trees of any size is allowed to provide a
view to the water from the principal dwelling site and to accommodate the placement of
permitted stairways and landings,picnic areas, access paths,beach and watercraft access
areas, and permitted lockboxes, provided that the screening of structures, vehicles or other
facilities as viewed from the water, assuming summer, leaf-on conditions, is not
substantially reduced.
(1) All intensive vegetation clearing, including the clearing of invasive species, shall
require a permit from city staff and shall require the submittal of a revegetation plan
acceptable to the city. The plan shall include erosion control measures if deemed
necessary by the city.
SECTION 4. Sec. 78-1491 through 78-1510 shall be amended by deleting the strikethrough
text and adding the underlined text to read as follows:
Sec. 78-1491. Generally.
(a) Purpose of off-street parking and loading requirements. Regulation of off-street parking
and loading spaces in this division is to alleviate or prevent congestion of the public right-
of-way and so to promote the safety and general welfare of the public by establishing
minimum requirements for off-street parking, loading and unloading from motor vehicles in
accordance with the utilization of various parcels of land and structures. All applications for
an occupancy certificate in all districts shall be accompanied by a site plan drawn to scale
and dimensioned indicating the location of off-street parking and loading spaces in
compliance with requirements of this division.
(b) Application of parking rules in all districts. In addition to the regulations and requirements
set forth elsewhere in this chapter, the provisions of this division regarding off-street
parking shall apply to the required and nonrequired off-street parking facilities in all use
districts.
(c) Parking requirements waived for buildings under construction on September 14, 1967.
Structures or uses for which a building permit has been issued prior to September 14, 1967,
but for which work has not been completed shall be exempt from the parking requirements
of this division if the structure is started within six months after September 16, 1967, and
continues to completion.
(d) Existing parking not to be reduced. Off-street parking spaces and loading spaces existing on
September 14, 1967, shall not be reduced in number unless the number exceeds the
requirements set forth in this division for a similar new use.
(e) Floor area. The term "floor area" for the purpose of calculating the number of off-street
parking spaces shall mean the net usable floor area of the various floors, devoted to retail
sales, services, office spaces,processing and fabrication, exclusive of hallways,utility space
and storage areas other than warehousing.
(f) Seating facilities. In stadiums, churches and other places of public assembly in which
patrons or spectators occupy benches,pews or other similar seating facilities, each 22 inches
of such seating facility shall be counted as one seat for the purpose of determining required
parking.
(g) Size of parking spaces. Each parking space shall be not less than nine feet wide and 20 feet
long, and each space shall be served adequately by access drives. For purposes of
calculating parking space requirements, one parking space for one vehicle shall equal 300
square feet of storage and maneuvering area, including access drives.
(h) Commercial vehicle parking. Off-street parking accessory to residential use shall be subject
to the provisions of section 78-1577. Additionally,vehicles in excess of 14,000 pounds
GVW shall be subject to the provisions of section 78-1577(3)b. and no trailer in excess of
10,000 pounds GVW shall be parked or stored in a residential district except when loading,
unloading or rendering a service.
(i) Location of parking. Required off-street parking in the R districts shall be on the same lot as
the principal building.
(Code 1984, § 10.61(4); Ord.No. 4 3rd series, § 1, 11-11-2003)
Secs. 78 1492 78 1510. Reserved.
Sec. 78-1492.Residential driveways, approaches and turnarounds.
fa) Agee single driveway approach may not shall be allowed to serve more than of
two(2) single residential lots fromte the same road. Lots defined as through lots or corner
lots shall only be allowed a driveway approach toffy one public road. There shall never be
more than 2) driveway approaches shall-be-allowed-on residential lots
fronting on a local street.
lb) A rResidential driveway approach must be at least shall be a minimum of 8 feet widein Formatti
width, and shall neverot exceed be wider than 20 feet in width at the intersected right of Strikethn
way line.
£c) For residences constructed after July 25, 1986, the driveway approach and driveway areas (Formatti
and that part of the driveway and turnarounds which drain to the road shall be paved with Strikethrc
bituminous concrete blacktop or equivalent paving. This requirement does not shall not be
standards required as a condition to the granting of a conditional use permit, lot division,
subdivision or as designated in the approved site plan.
(tdb) Driveway turnarounds aresbe required on all driveways or driveway approaches ,,- _ Formatti
entering onto a state highway, county road, or collector roadway as determined in the Strikethrc
comprehensive plan. Driveway turnarounds are required-and on all entrances to public
roads within the city where deemed necessary by the City Engineer. The City Engineer shall
make this determination,based on traffic counts, sight distances, street grades and other
relevant factors. If a driveway turnaround is required by the City Engineer, such
requirement shall be stated on any permit issued by him pursuant to this article.
(ec) All driveway improvements must meet the driveway standards outlined in City Code
Chapter 18, Division 3 .
Sec. 78-1493. Business driveways, approaches and turnarounds.
(a) OnIene business driveway isshall be allowed per development unless a greater number of
driveways are approved by the city, or are approved as part of the site plan review. The
business driveway approach in a business or industrial district may not be wider than either
shall not exceed the width of the access road or 32 feet at the property line, whichever is
less, in a business or industrial district. The curb cut shall not exceed the width of the
driveway approach at the property line by more than 20 feet, unless approved as part of a
site plan.
(b\ n l sines 'bye'�vfl�Ti . e6'i�i�ches sihhxallbe aye J . ,;t ..ha � concrete yr
equivalent material.
(pb) Loading docks, ramps, and vehicular entrances must be located so shall be located in such a Forman
manner that accessing such facilities will not require backingiwg onto orand maneuveringing Strikethrc
within the road right-of-way. is eliminated and Loading docks,ramps, and vehicular
entrances must be located in such a manner that driveways wider greater in width than
permittedt at specified by this article willshall not be necessaryreq ed.
(ec) Driveway turnarounds shall be required on all driveways or driveway approaches entering
onto a state highway, county road or a collector roadway. Driveway turnarounds shall be
requiredand on all entrances to roads within the city where deemed necessary by the City
Engineer, based upon traffic counts, sight distances, street grades and other relevant factors.
Such requirements shall be stated on any permit issued by the City Engineer pursuant to this
article.
(fd) All driveways must be located at least-ten feet from the side property line; however, of-a
pafee1-44and-unless-the a driveway that is shared by two parcels of land is exempt from
this requirement..-
(ge) All driveway improvements must meet the driveway standards outlined in City Code
Chapter 18, Division 3.
Sec. 78-1494. Regulatory signs.
For^ driveways R two ^ e lots, Aan address sign is required to be placed adjacent
to anythe driveway serving two or more lots. The address signand must be visible when viewed
from the right-of-way. The address sign shall conform to setback requirements within Orono's
Sign Code.
Secs 78-1495- 78-1510- Reserved.
SECTION 5. Sec. 78-1577 shall be amended by deleting the strikethrough text and adding the
underlined text to read as follows:
Sec. 78-1577. Exterior storage in R districts.
In all R districts, it is the responsibility of the owner of any property, improved or
unimproved, to maintain the outdoor areas; including courtyards and the like, of the property and
adjacent rights-of-way in a manner that complies with the following requirements. All
Created: 2022-07-19 16:12:32 [EST]
(Supp.No.20,Update 2)
Page 17 of 23
recreational vehicles, mobile homes, camping trailers,motor homes,pickup coaches,travel
trailers, special mobile equipment, and utility trailers shall meet the requirements of this Code.
Additionally, all exterior storage must comply with subdivision(6) of this section.
(1) Definitions:
a. Blight means a deteriorated condition, something that impairs or destroys.
b. Junk means any cast-off, damaged, discarded,junked, obsolete, salvage, scrapped,
unusable,worn-out or wrecked object, thing or material composed in whole or in
part of asphalt,brick, carbon, cement,plastic, or other synthetic substance, fiber,
glass,metal,paper,plaster,plaster of paris, rubber, terra cotta, wool, cotton, cloth,
canvas, organic matter or other substance, regardless of perceived market value or
requiring reconditioning in order to be used for its original purpose.
c. Recreational vehicle. recreational vehicle shall mean and
include the following definitions, and shall not include any mobile home or
manufactured housing unit bearing a State of Minnesota manufactured housing
seal or certificate, for uses including but not limited to those listed below:
1. Camping trailer means a folding structure,mounted on wheels and designed
for travel, recreation and vacation uses, also called a pop-up camper.
2. Motor home means a portable, temporary dwelling to be used for travel,
recreation and vacation, constructed as an integral part of a self-propelled
vehicle.
3. Pickup camper means a structure designed to be mounted on a truck chassis
for use as a temporary dwelling for travel,recreation and vacation.
4. Travel trailer means a vehicular, portable structure built on a chassis,
designed to be used as a temporary dwelling for travel,recreational and
vacation uses,permanently identified as a travel trailer by the manufacturer
of the trailer.
d. Special mobile equipment means every vehicle not designed or used primarily for
the transportation of persons or property and only incidentally operated or moved
over a highway, including but not limited to: ditch digging equipment, moving
dollies,pump hoists and other well-drilling equipment, street sweeping vehicles,
and other machinery such as asphalt spreaders,bituminous mixers,bucket loaders,
tractors other than truck-tractors, ditchers, leveling graders, finishing machines,
motor graders, road rollers, scarifiers, earth-moving equipment. The term does not
include travel trailers, dump trucks,truck-mounted transit mixers, truck-mounted
feed grinders, or other motor vehicles designed for the transportation of persons or
property to which machinery has been attached.
e. Utility trailer means any motorless vehicle, other than a boat trailer or personal
watercraft trailer, designed for carrying of snowmobiles,motorcycles, all-terrain
vehicles, or property on its own structure and for being drawn by a motor vehicle
but shall not include boat trailers, a trailer drawn by a truck-tractor semitrailer
combination, or an auxiliary axle on a motor vehicle which carries a portion of the
weight of the motor vehicle to which it is attached.
f. Boat, for the purposes of this article, means any water craft required to be
registered or licensed by the state of Minnesota,but excluding canoes,kayaks,
paddle boards, or pedal boats.
(2) [Parking regulated.}Parking of recreational vehicles,mobile-motor homes and utility
trailers shall be regulated as follows:
a. It is unlawful for any person to park a mobile-motor home or recreational vehicle
upon public property for human habitation
b. It is unlawful for any person to park or store a utility trailer, mobile-motor home,
recreational vehicle in any "R" district for more than 24 hours, except in a
required side or rear yard at least five feet from any property line.
c. It is unlawful to use a mobile motor home or recreational vehicle for human
habitation on any private property for more than 72 hours without a permit from
the city.
(3) Vehicle storage. All vehicles parked or stored on any property within the city shall be
operable and currently licensed. The parking of vehicles, other than recreational
vehicles, in "R" districts is regulated as follows:
a. Parking of vehicles other than recreational vehicles, with a maximum gross
vehicle weight(GVW) of 14,000 pounds or less is allowed in all "R" districts.
b. Parking of vehicles in "R" districts in excess of 14,000 pounds GVW has the
potential to create negative impacts on the surrounding neighborhood. These
impacts may include noise (from operation as well as maintenance of vehicle);
vibration; glare; odors; soil/water contamination (from dripping,washing, etc.);
hazards to pedestrians by way of proximity, especially on private roads; wear and
tear on local or private roads; propensity to offload remaining cargo on site at end
of day; and visual incompatibility with the character of a neighborhood. Such use
may be acceptable under certain conditions in zoning districts where lot areas are
generally two acres or larger. Therefore,parking of such vehicles requires each of
the following conditions be met:
1. Property owner must be vehicle owner or operator.
2. Vehicle must be set back 50 feet from property lines.
3. Vehicle must not be visible from neighboring properties and public streets;
vegetative screening is preferred.
4. Maintenance of said vehicle shall occur within an enclosed building.
5. The vehicle shall not constitute a nuisance at any time.
6. In a shared driveway situation, the applicant shall demonstrate that the
appropriate easement exists.
7. Minimum lot size of five acres. For any property at least two acres but less
than five acres in area, where it can be shown that prior to the effective date
of this section such a vehicle was previously stored on a regular basis prior to
and after January 1, 2004, a vehicle storage permit may be granted if the
above conditions a. through f. are met, subject also to the following
limitations:
i. A vehicle storage permit may only be issued for properties within
the RR-1B, RR-1 A, and LR-1A zoning districts.
ii. Such permit shall be granted only to the current property owner
and only for the specific vehicle applied for. The current owner
may replace the vehicle in kind,but shall not add other such
vehicles. Any replacement vehicle must be registered with the city
within 30 days to transfer its permitted status.
iii. This permit shall not apply to subsequent property owners,
subsequent property owners shall not be considered as having a
grandfathered permit by virtue of their predecessor's permit.
iv. This permit shall automatically and permanently expire if the
vehicle storage is voluntarily discontinued for a period of one year.
(4) {Storage of boats and boat trailers.]Boats, unoccupied boat trailers, and boats on
trailers shall be subject to the following storage requirements when not stored for
commercial purposes:
a. Licensing, operability and restorations. All boats stored outside on a residential
property shall be currently licensed to the owner or occupant of the property. All
boats stored on a property shall be in operable condition. For the purposes of this
section, Inoperable condition shall mean a boat lacking parts essential to
operation, including but not limited to motor, propeller, battery; or having the
interior, including the driver's position, used for storage in such a manner that no
person can operate the vehicle.
b. Principal residence required. No boat shall be stored on a property or on a group
of contiguous commonly owned properties that does not contain a principle
residence structure.
c. Required setbacks. Boats, including trailered boats, and unoccupied boat trailers
may be stored in any yard,provided that a five feet setback is provided.
d. Screening. Screening is not required for outside boat storage when in
conformance with this section. If boats are shrink wrapped,white is the preferred
color but is not mandatory.
e. Dispute resolution. Complaints regarding boats stored in lakeshore yards and
potentially impacting a neighbor's views of the lake will be referred to a dispute
resolution committee, consisting of the planning director, the building official,
and a member of the planning and zoning staff.
(5) {Prohibited parking or storage.]Outdoor parking or storage of special mobile
equipment as defined in this section shall be prohibited in any "R" district.
(6) Prohibited material storage. Any violation of this section is subject to abatement upon
seven days'written notice to the owner of private premises on which such material is
found or any conditions in violation of this code section exist. The owner of the
property will be determined as shown by the records of the office of the county
recorder. The city may remove such matter or correct any conditions in violation, and
certify the cost of such removals or corrections as any other special assessment.
Additionally, the city may also seek injunctive relief for violation of this section.
Owners of private property shall remove and keep removed from all exterior areas of
all residential properties the following items:
a. Pest harborage. All exterior property shall be free from rodent harborage and
infestation. Boxes, lumber, scrap metal, and similar materials shall not be allowed
to accumulate outside a structure in a manner that attracts an infestation of pests.
Materials permitted and approved for exterior storage shall be neatly stacked.
b. Trash and debris.
1. All household garbage, offal, dead animals, animal and human waste, and
waste materials.
2. Accumulations of litter, glass, scrap materials (such as wood, metal, paper,
and plastics),junk, combustible materials, stagnant water,plastic bags or
trash.
3. Accumulations of clothing and any other items not designed for outdoor
storage.
c. Non-trash items.
1. Accumulations of wood pallets.
2. Accumulations of vehicle parts or tires.
3. All construction and building materials unless such materials are being used
at the time in the construction of a building, in which case such construction
must be permitted and on a continuous,uninterrupted basis.
4. All appliances or appliance parts.
5. All indoor or upholstered furniture of a type or material which is deteriorated
by exposure to outdoor elements.
6. Brush piles exceeding 15 feet in diameter and six feet in height
76. All recycling materials except for reasonable accumulations, amounts
consistent with a policy of regular removal, which are stored in a well-
maintained manner according to Chapter 50 and Chapter 54.
78. All other non-trash items which:
(i) Are of a type or quantity inconsistent with normal and usual use; or
(ii) Are of a type or quantity inconsistent with the intended use of the
property; or
(iii) Are likely to obstruct or impede the necessary passage of fire or
other emergency personnel.
d. Fertilizer and burial of waste. No person shall leave, deposit, or cause to be
placed on any private ground any garbage, sewage,waste, debris, carcass, or other
substance or matter which is offensive or unhealthy by decomposition unless the
same be buried at least three(3) feet under the surface of the ground;provided,
that the use of manure and phosphorous free fertilizer in the normal course for
agriculture or horticulture is permitted.
SECTION 6.EFFECTIVE DATE:This ordinance shall take effect immediately upon its passage
and publication.
ADOPTED this 8 day of April, 2024 by the City Council of the City of Orono,
Minnesota.
CITY OF ORONO
ri\WC‘22(C04.,
By:
Dennis Walsh, Mayor
ATTEST:
Christine L , ity Clerk
SUMMARY PUBLICATION
ORDINANCE NO.303
CITY OF ORONO
HENNEPIN COUNTY,MINNESOTA
AN ORDINANCE AMENDING AND CLARFIFING ZONING REGULATIONS
The City Council of the City of Orono, Minnesota approved amendments to chapter 78
which include clarifying language, typos, deletion and edits 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