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HomeMy WebLinkAboutFax re zoning district Confiirmation Report — Memory Send Time : Jun-19-2003 01:15pm Tel line : +95Z2494616 Name : CITY OF ORONO Job number . 530 Date . Jun-19 01:03pm To . 12068383011 Document pa8es . 014 Start time . Jun-19 01:03pm End time . Jun-19 01:15pm Pages sent . 014 Status . OK Job number : 530 *** SEND SUCCESSFUL *** -- --- -o���'o CIZy Of OT''OYlO ���x o� a�so xBazey pp,-.E,,.Qy P.O. Box 66 CrysYarZ Bcsy, 1L�lN 55323 �952) 249-4600 Fcrx: (952) 249-46I6 FAX TIZANSMTSSION COVER SHEET 17ater �'/ — � — � 3 To: ��"7 R ��^ Cc !s-GL� Fi7x: I-" cZ O ro — � � c�= — �' Q�l � Re: ��l S- �c�ck���'7f-S Y' / �e-1 S¢rtderr � r�-.,. �..-.-� I/ Y \/��-� YOUSHOULD RECEIYL�' /� 1'AGE(S), INCLUDINC3 T7�IS COYE?2 S'HEET. IF YOU DO NOT R�C�I"YE ALL THE Pftl3ES. PLEASE CALL (952) 249-f600_ 04`'°�o cl O DY'OYlO � � 1 '4 � � �t9kESH��'�G 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Faz: (952) 249-4616 FAX TRANSMISSION COVER SHEET Date: ��� `— �J — O 3 To: !fC'� � ��� ��GL (r G� � F�: /�- � � � - � � � - `3 ��1 Re: �� lo� �r�tk��7`�S� �� ;!�d Sender: �J- E�ti,�n� ��Q-�t _S �-- YOUSHOULD RECEIVE PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (952) 249-4600. - - § 10.23 SEC. 10.23. LR-lA ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "LR-lA" One Family Lakeshore Residential District is intended to provide a district which will allow a combination of low density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use permits. The proposed land use may not endanger the quality of storm water runoff into Lake Minnetonka or Long Lake. Because of the location of the district near Lake Minnetonka or Long Lake, special regulations are necessary to protect those natural resources from the effects of dense development. Subd. 2. Lakeshore Set Back, Hard Cover, and Tree Removal Regulations. (See Section 10.22). Subd. 3. Permitted Uses. Within the "LR-lA" One Family Lakeshore Residential District, no land or structures shall be used except for one or more of the following uses: A. Any permitted use as regulated in the "R-lA" District. ��Subd. 4. Conditional Uses. Within any "LR-lA" One Family Lakeshore Residential District,no structure or land shall be used for the following uses except by conditional use permit: .�--.-_. A. Any conditional use as regulated in t "R-lA" Distric� Subd. 5. Accessory Uses. Within any "LR-lA" One Family Lakeshore Residential District, the following uses shall be a permitted accessory use: A. Any accessory use as regulated in the "R-lA" District and'private docks" subject to the City Code and other applicable regulations, including boat storage density regulations. Subd. 6. Area, Height, Lot Width and Yard Requirements. A. Height.No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. B. Lots. The following minimum requirements shall be observed: Side Yard Lot Lot Front Side Adjacent to Rear Area Width Yard Yard Street Yard 2 acres 200 feet 50 feet 30 feet 50 feet 50 feet ORONO CC 284 �4-1-84) � _ I I � § 10.20 F. Recreation Areas. Private gun clubs, archery ranges, ski slides, provided the area is fenced and no part of the principal use is less than 150 feet from any lot line. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 /,. ��"uest Houses &Non-rental Guest Apartments. � 1) Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. Source: Ordinance 29, 2nd Series Adopted: 2-23-87 � I2)Non-rental Guest Apartments. An apartment within the principal � residence structure on a lot for the sole use of the occupants of the principal residence, including I their domestic employees or non-paying guests. There shall be at least one access door to the � apartment from within the principal structure, and such door shall be the primary access to the II apartment. Application for such a guest apartment shall address the concerns of parking, sewage � treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. . Source: Ordinance 29, 2nd Series Adopted: 2-23-87 H. Planned Residential Development. Limited to detached single farrflily dwellings only and subject to the limitations of Section 10.32. I. Duplex Credit. One duplex may be located on a single lot as a conditional use upon application therefor provided that public sanitary sewer service is available, and the lot is adjacent to a commercial or industrial district, or within (250') two hundred fifty feet of the B-3 District, and the duplex is constructed within 200 feet of the commercial or industrial district. A duplex is defined as a two-family unit residential building. Source: Ordinance 178, 2nd Series Adopted: 12-8-97 J. Apiaries. \� , 6�e ��Q,�, �^� . ORONO CC 280-1 (4-1-�4) § io.o2 11. "Boardinghouse" -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. 12. "Building" -Any structure having a roof which may provide shelter or enclosure of persons, animals or chattel, and when said structure is divided by party walls without opening, each portion of such building so separated shall be deemed a separate building. V 13. "Building Height" - The vertical distance between the highest ad'oinin round J gg level at the building or ten feet above the lowest ground level, whichever is lower and the top of the cornice of a flat roof, or the deck li�e of a mansard roof, or the uppermost point on a round or other arch type roof, or the average height of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above the existing tenain shall not be considered in determining building height. �'��S�;h9 G r��, Source: Ordinance 101, 2nd Series Adopted: 2-24-92 14. "Bulk Station" - Distributors warehouses for materials which are stored in tanks above ground in aggregate capacity on the site of 6,000 gallons or more. 15. "Carport" - An automobile shelter having one or more sides open. 16. "Cellar" - That portion of the building having more than one-half of the floor-to-ceiling height below the average grade of the adjoining ground. 16(a). "Clean Fill" - Clean fill shall consist of all native soils as described in the Unified Soils Classification System. Organic, man-made and reprocessed materials, topsoil and rocks larger than 0.25 cubic yards (2.9' diameter) shall not be considered clean fill. Source: Ordinance 47, 2nd Series Adopted: 2-22-88 17. "Commercial Kennel" -Any premises where three or more domestic animals over six months of age, are owned, boarded, bred or offered for sale. 17(a). '°Commercial Operations" -Operations where business is conducted by the sale or exchange of goods and/or services on site for money or other valuable consideration. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 ORONO CC 244 (4-1-84) �10.03 B. Combination of Separated Parcels Prohibited. No lot or parcel of land which is divided by a public,private or platted road or road easement,which results in any segment thereof being less than the minimum acreage required for that zoning district, shall be allo���ed to be combined with any separated pazcel of land across the road for purposes of qualifying under the minimum acreage, open�pace, required yard, setback or sanitary or septic system requirements, nor shall building or density credits be credited or transferred between such parcels under any provisions of this Chapter. Each separate parcel must individually conform to the provisions of this Chapter in connection with construction of improvements thereon. Source: Municipal Code Effective Date: 9-14-67 C. The separation by the transfer or sale of non-conforming, undeveloped lots not served by public sanitary sewer, aligned in a contiguous arrangement, undivided by a public or private road or road easement and under same or common ownership is not permitted without Council approval. Council approval is not required if the separation of such lots results in individual building sites that satisfy the area and width requirements of the Zoning Chapter. Source: City Code Effective Date: 4-1-84 Subd.7. One Building Per Lot.Except in the case of Planned Residential Developments as provided for hereinafter,no more than one principal building shall be located on a lot except that staff may issue a permit to use a manufactured home that shall meet all required setback standards or an existing dwelling while a new principal structure is being constructed. Such permit shall be issued for a period of 3 months, any extensions must be approved by the City and shall expire upon issuance of a certificate of occupancy for the new structure and such structure removed. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 Subd. 8. Lots to Face Streets. Each lot shall face on a public street or appropriate private easement. V Subd. 9. Accessory Buildings. � A. Time of Construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. B. Height Restrictions.No accessory building in the "R" District shall exceed the height of the principal building, nor shall an accessory building exceed 30 feet in height. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 ORONO CC 254 " -(4-1-84) / - - § 10.03 JC. Area Restrictions. In all "R" Districts no accessory building shall exceed 1,000 square feet of footpnnt area except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: 1. Not more than one Oversized Accessory Structure (OAS) shall be permitted on any property. An "Oversized Accessory Structure" is defined as an accessory structure of footprint area in excess of 1,000 square feet, except that the following non-roofed accessory structures which exceed 1,000 s.f. footprint area are not considered as "Oversize Accessory Structures", but are subject to the special setback restrictions of Section 10.03, Subdivision 14 (D): - Tennis courts - Pools, when pool basin structure (excluding nonencroachment-type patios) is greater than 1,000 s.f. - Paddocks or arenas 2. Oversized Accessory Structures are regulated by the following table: Maximum Allowed Maximum Individual Total of All Accessory Accessory Structure Structure Footprint Areas* Lot Area Footprint Area on a Property 0-1.99 acre 1,000 s.£ 2,000 s.f. 2.00-3.00 acre 1,200 s.f. 2,400 s.f. 3.01-3.50 acre 1,400 s.f. 2,800 s.f. 3.51-4.00 acre 1,600 s.£ 3,200 s.f. 4.01-4.50 acre 1,800 s.f. 3,600 s.f. 4.51-5.00 acre 2,000 s.f. 4,000 s.f. 5.01-6.00 acre 2,200 s.f. 4,400 s.f. 6.01-7.00 acre 2,400 s.f. 4,800 s.f. 7.01-8.00 acre 2,600 s.f. 5,200 s.f. 8.01-9.00 acre 2,800 s.f. 5,600 s.f. 9.01 acre or more 3,000 s.f. 6,000 s.f. * Excluding non-roofed tennis courts, pools, paddocks, arenas �� 3.Any Oversize Accessory Structure shall be sub'ect to the follo ' � wing conditions: a) No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front Iine of the principal residence on the property, and no such accessory structure shall be located less tihan 30' from the side or rear lot line regardless whether less strict principal structure setbacks apply. ORONO CC 255 (4-1-84) _- _ § 10.03 b)The maximum height for such accessory structure shall be 30' or the defined height of the principal residence structure on the property, whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: i. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which�the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. ii. If the property is subdivided,the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. iii. In subdivision approval, the setback required for the oversize accessory structure as defined herein 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. � Source: Ordinance�2, 2nd Series ._ ,,,����5 � �' Adopted: 8-14-89 +'��' ; � � r�L/- b� `�'` a lo�,v accesso�y 6�a�. -� 6�S fr� ,�,o� D. Location. No detached garages or other accessory building shall be located p r�'�c�ld'- nearer t e front or street lot line than the principal building on that lot except on lots which have 6�9 c�• frontage on a lake and rear yard adjacent to a street, accessory buildings located within the street or S'�'6� rear yards of such lots are subject to the setback requirements of Section 10.23, Subdivision 6 (B), ��-- Section 10.24, Subdivision 5 (B)and Section 10.25, Subdivision 6 (B) except that detached garages• r�h�r�f may be located 10 feet from the street or rear lot line when doors face away from the street and a S�b�C. turn-around is provided on site. This section shall not apply to lakeshore lots divided by roadways or corner lots. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 1. Location of Principal Building to Lakeshore.No principal building shall be located closer than 75 feet to the natural ordinary high water mark of a lake abutting the property. This lakeshore setback shall be determined as the mean horizontal distance between the natural ordinary high water mark on the lakeshore and the allowable building line. ORONO CC 255-1 (8-14-89) - §10.03 C. Products produced on the farm may be sold at retail. One temporary roadside stand may be established for conducting such business. One temporary business sign not over eight square feet in area may be located in the front yard during the period �uhen products are for sale. Off-street parkirrg must be provided for. Source: Ordinance No. 172 Effective Date: 1-1-75 ✓Subdivision 19. Land Alteration;Prohibition. It is unlawful for an erson to erform YP P or have perfortned the following land alteration activities without a conditional use permit issued by the Council: A. Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits of the City. B. Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. C. Build, alter, or repair any seawall,retaining wall, or otherwise change the grade or shore of lakeshore property. All of the above-referenced land alterations involving filling and grading shall be performed only with "clean fill" as defined in Section 10.02. Granting of such permits is subject to other regulations and prohibitions of the City Code, and other applicable statutes or ordinances of other governmenta� bodies. Source: Ordinance 163, 2nd Series Adopted: 12-8-97 ,� Subd. 20. Permit. An application for such permit shall be accompanied by a drawing made by a registered surveyor or other comuetent person showmg the location of the proposed excavation or storage and shall state the amount of material which is to be removed, excavated or stored, filled or graded, and such other information as the Council may require from time to time. Applications shall be filed with the City Administrator and shall be accompanied by a deposit to be determined by the City, which will be used to offset the cost of processing the application. Any unused portion will be refunded to the applicant. �Subdivision 21. Land Alteration; Exception. The requirements of Subdivision 19 are not intended to govern the following land alteration activities: 1. Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building. ORONO CC 258 (4-1-84) _ _ _ § 10.03 2. Any earth movement under 500 cubic yards which does not adversely impact the existing drainage. Source: Ordinance 163, 2nd Series Adopted: 12-8-97 3. Grading, filling or excavating of 10 cubic yards or less within the Shore Setback Zone of all lakes enumerated in the Shoreland Management section of the Zoning Code. Source: Ordinance 171, 2nd Series Adopted: 3-23-98 Such grading and earth movement shall be subject to approval by the Building Inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. Any unusual land alterations including earth filling, removal or grading proposed by a builder shall be subject to a Conditional Use Permit as provided for in this Chapter. The following land alterations shall be considered as 'unusual land alterations': A. All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site. B. Any additional fill brought on site in excess of 500 cubic yards except for fill required to raise grade for adequate frost footing protection; the intent being that structures shall not be artificially raised above the pre-existing surrounding topography. C. Grading or alterations that that would propose any changes in elevations within 5 feet of adjacent residential lot lines except for drainage swales and ditches. The Building Inspector shall have the authority to refer any requests for land alteration permits to the City Council for review and approval in instances where said land alteration appears to potentially create negative impacts or be not in keeping with the goals and policies of the Orono Community Management Plan. Sources: Ordinance 163, 2nd Series, Adopted 12-8-97 Ordinance 171, 2nd Series, Adopted 3-23-98 Subd. 22. Rip-rap Defined. Rock placed at water level of lakeshore to prevent erosion of shoreline by water action. ORONO CC 258-1 (4-1-84) § 10.56 I. Vegetation Alterations. 1. No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of 6 inches or more(or 19 inches in circumference or greater)measured 3 feet above the ground may be removed without first obtaining a permit from the City staff provided that at least the equivalent number of replacement trees of a size and nature found acceptable to the staff are planted at the same setback from the shoreline as those removed. Appeals of staff determinations as to type, size and quality of the trees to be replaced will be to the Council. Removal of trees that are dead shall not require a permit but such trees must be inspected by City staff prior to their removaL 2. Intensive vegetation clearing within 75 feet of the shoreline, on steep slopes or within the bluff impact zone within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than 6 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 accomodate the placement of permitted stairways and landings,picnic azeas,access paths, beach and watercraft access areas, and pernutted lock boxes,provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. Source:Ordinance No. 127,2nd Series Adopted: 7-11-94 J. Topographic Alterations/Grading and Filling. 1. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction penngYs for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, sewage treatmen� systems, and driveways shall adhere to the grading and filling standazds of this section. � 2. Grading, filling or excavating of more than 10 cubic yards is prohibited within 75' of the Ordinary High Water Level of the public waters enumerated in Subdivision 7 of this section. Grading, filling or excavating of 10 cubic yards or less shall require City staff review and permit and be subject to other pertinent sections of the Zoning Code. Source: OrdinanceNo. 171,2nd Series Adopted: 3-23-98 ORONO CC 376-14 (2-24-92) � § 10.56 V 3. Public and private roads, driveways,parking areas, and ublic or P private watercraft access ramps shall not be constructed within 75'of the Ordinary High Water Level of the public waters enumerated in Subdivision 7 of this section. If no alternatives exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shall take into account the following considerations: a. Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. b. All roads and parking areas shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction. ;/4. Except for those projects requiring permits for construction of structures, sewage treatment systems, and driveways, a land alteration permit will be required as follows: a. For movement of 1-500 cubic yards of material anywhere within the Shoreland Overlay District, a staff issued land alteration permit shall be required. b. For movement of more than 500 cubic yards of material anywhere within the Shoreland Overlay District,conditional use permit approval by the City Council is required in addition to the required land alteration permit. Source: Ordinance No. 163,2nd Series Adopted: 12-8-97 ✓ 5. The following considerations and conditions must be adhered t� during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: a. Grading or filling in any Type 2, 3,4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: (1) Sediment and pollutant trapping and retention; (2)Storage of surface nul-offto prevent or reduce flood damage; (3) Fish and wildlife habitat; (4) Recreational use; (5) Shoreline or bank stabilization; (6)Noteworthiness,including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. ORONO CC 376-15 (2-24-92) __ _ _ § i o.ss Subd.6. Zoning Use Districts.The Zoning Use Districts as designated on the Official Zoning Map shall remain unchanged with the adoption of this Section. The provisions of this Section, including the designation of Flood Plain and Wetlands Conservation Areas, shall be in addition to all other provisions of this Chapter. Whenever conflicts occur between other provisions of this Chapter and provisions of this Section, the most restrictive provision shall prevail. Subd. 7. Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain. A. The regulatory flood protection elevation within the Floodway and Flood Fringe Districts shall be established by adding 1.0 foot to the Base Flood Water Surface Elevations within Floodway listed in the Floodway Data Table contained in the Flood Insurance Study. Regulatory flood prote on elevations between cross-sections shall be interpolated. B. The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL. C. The regulatory flood protection elevation within the General Flood Plain District shall be calculated by a qualified registered professional engineer in accordance with procedures set forth herein. Subd. 8. Development Restricted; Prohibition. Except as hereinafter specifically permitted, no filling, grading, dredging, excavation, hardcover, temporary or permanent structures, obstnzctions, septic systems, well or other construction shall be allowed within the Flood Plain and Wetlands Conservation Area; nor on any lands within 26 feet thereof;nor on any land within 75 feet of the ordinary highwater elevation of any lake shoreline,nor on land abutting, adjoining or affecting said area if such activity upon those adjacent areas is incompatible with the policies expressed in tlus Section and the preservation of those conservation azeas in their natural state. Subd. 9. Floodway District (FV�. The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the e�-tent that they are not prohibited by any other City Code provision and provided all permits or authorizations are received as may be required by other City Code provisions or regulation of other governmental agencies having jurisdiction, including without limitation, the Minnesota Department of Natural Resources, the Minnehaha Creek Watershed District, and the Lake Minnetonka Conservation District. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system, and no use shall adversely affect the quality or quantity of ground water runoff or the quality of the natural environment. ORONO CC 365 (4-1-84) - � § 10.56 3. Bluff impact zones. 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 Subdivision 16 (F) of this section. Retaining walls shall not be placed within the shore setback zone. ✓6. Average lakeshore setback. No rinci al or accesso structure P P rY shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots,except that this does not apply to stairways, lifts, landings, and lockboxes. Further,the average lakeshore setback shall apply only to classified lakes, and shall n�t apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lot.! ----_. ____._ _ . ✓D. Minimum Lowest Floor Elevations. All structures located within the Shoreland Overlay District which are subject to the flood plain regulations of Section 10.55 of this ordinance shall be placed at an elevation consistent with the requirements of that section. The regulatory flood protection elevation shall be established as set forth in Section 10.55, Subd. 7 of this code. All structures constructed within the Shoreland Overlay District shall have their lowest floor, including basement,placed at an elevation no lower than the regulatory flood protection elevation. Where the regulatory flood plain elevation cannot reasonably be determined,the minimum elevation at which the lowest floor, inclu ing basement, may be placed shall be determined as follows: 1. For lakes,by placing the lowest floor at a level at least 3 feet above the highest known water level, or 3 feet above the Ordinary High Water Level, whichever is higher. 2. For rivers and streams, by placing the lowest floor at least 3 feet above the flood of record. E. Water-oriented Accessory Structures. The only water-oriented accessory structure allowed to be located nearer the Ordinary High Water Level than the normal structure setback as specified in this section shall be a lock box no greater than 20 square feet in area and no higher than 48 inches in height. Such a structure requires a building permit from the City. ORONO CC 376-12 (2-24-92) § 10.56 3. Bluff impact zones. 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 sununer, 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 Subdivision 16 (F) of this section. Retaining w�alls shall not be placed within the shore setback zone. V 6. Average lakeshore setback. No rinci al or accesso structure P P rY shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots, except that this does not apply to stairways, lifts, landings, and lockboxes. 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 residence buildings on the immediately adjacent lakeshore lot D. Minimum Lowest Floor Elevations. All structures located within the Shoreland Overlay District which are subject to the flood plain regulations of Section 10.55 of this ordinance shall be placed at an elevation consistent with the requirements of that section. The regulatory flood protection elevation shall be established as set forth in Section 10.55, Subd. 7 of this code. All structures constructed within the Shoreland Overlay District shall have their lowest floor, including basement,placed at an elevation no lower than the regulatory flood protection elevation. Where the regulatory flood plain elevation cannot reasonably be determined,the minimum elevation at which the lowest floor, including basement, may be placed shall be determined as follows: 1. For lakes,by placing the lo�i-est floor at a level at least 3 feet above the highest known water level, or 3 feet above the Ordinary High Water Level, whichever is higher. 2. For rivers and streams, by placing the lowest floor at least 3 feet above the flood of record. E. Water-oriented Accessory Structures. The only water-oriented accessory structure allowed to be located nearer the Ordinary High Water Level than the normal structure setback as specified in this section shall be a lock box no greater than 20 square feet in area and no higher than 48 inches in height. Such a structure requires a building permit from the City. ORONO CC 376-12 (2-24-92)