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07-28-2025 - Agenda Packet City Council - regular meeting
Agenda City Council Meeting Monday, July 28, 2025, 6:00 PM City Council Chambers 12780 Kelley Parkway, Orono, MN 55356 952-249-4600 /oronomn.gov Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda These items are considered routine and will be enacted by one motion with no discussion unless a council member or staff requests and the item will be removed from the consent agenda for separate discussion and action. 1. City Council Minutes 2. Claims/Bills 3. Accept a donation from the Minnetonka Beach Civic Association - Resolution 7598 4. Donation to Big Island Park - Resolution 7599 5. Hire Seasonal Employee 6. Appoint Interim Deputy Fire Chief 7. Summary Ordinance Publications, Ordinance 314A & 315 8. LA25-000028, City Code Recodification, Ordinance 312 9. Upcoming Work Session and Council Training Schedule Presentations 10. Acceptance of CenterPoint Energy Community Safety Grant Award - Resolution 7600 Public Comments This is an opportunityfor the public to address the City Council. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Speakers should be mindful of time and limit their remarks to three (3) minutes to allow sufficient opportunityfor others to speak. We encourage speakers to address their comments to the mayor and council and to keep their remarks respectful and relevant. Please no personal attacks. Criticism of ideas is acceptable, but attacks against individuals are not tolerated. Please make your statements in a civil manner. Similarly, we ask everyone in the audience to be respectful of speakers and refrain from disruptive behavior, such as shouting, heckling, or making excessive noise. Community Development Report 11. LA25-000029, City of Orono, Comprehensive Plan Amendment #8, Resolution 7601 Finance Report 12. 2025 Expenditure Budget Overage Parks Report 13. Purchase Park Signs Attorney Report City Administrator/Engineer Report Sign up for email notifications at oronomn.gov Council Committee Reports 14. Council Committee and Board Reports Mayor/Council Report Adjournment Upcoming Events Aug 02 Tour de Tonka Aug 05 Night to Unite Aug 05 Park Commission Aug 11 City Council Aug 18 Planning Commission Aug 25 City Council Sign up for email notifications at oronomn.gov K AGENDA ITEM Date: July 28, 2025 Title: City Council Minutes Presenter: Christine Lusian, City Clerk Section: Consent Agenda Purpose: The purpose of this item is to approve the City Council meeting minutes. 2. Staff Recommendation: Approve the City Council work session and regular meeting minutes. COUNCIL ACTION REQUESTED Approve the City Council work session and regular meeting minutes. Exhibits A. 07-14-2025 CC Minutes - work session B. 07-14-2025 CC Minutes Item: 1 3 Minutes City Council Work Session Monday, July 14, 2025, 5:00 PM City Council Chambers 12780 Kelley Parkway, Orono, MN 55356 ROLL CALL City Council members present: Mayor Bob Tunheim, City Council Members Alisa Benson, Jacqueline Ricks. Absent: Steve Persian, Jon Schwingler. Staff present: City Administrator Adam Edwards, Community Development Director Laura Oakden, Planners Melanie Curtis and Matt Kearny, City Clerk Christine Lusian. AVERAGE LAKESHORE SETBACK The sixth work session focused on average lakeshore setback regulations, where Orono's 75-foot shore setback for properties on Lake Minnetonka is more restrictive than the MN Department of Natural Resources (DNR) 50-foot model. Seven options for adjusting the Average Lakeshore Setback (ALS) were reviewed, with option seven, applying ALS only when building within the shore setback, receiving attention. There was general support for protecting lake view sightlines (ALS) and regulating shoreline development, though opinions varied on its necessity. The group was in consensus that there was no urgency to make changes and emphasized clarifying the goal behind any potential revision. CODE ENFORCEMENT PROCESS The discussion on the code enforcement process was postponed to a future meeting. There was a note that more time is needed for collaboration and the work session schedule will be revisited again during a regular meeting. The work session on July 28 will be held from 4-6pm. ADJOURNMENT Work session ended at 5:55 p.m. ATTEST: CITY COUNCIL Christine Lusian, City Clerk Bob Tunheim, Mayor 4 Minutes City Council Regular Meeting Monday, July 14, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Mayor Tunheim called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. ROLL CALL Orono City Council members present: Mayor Bob Tunheim, City Council Members Alisa Benson and Jacqueline Ricks. Members absent: Steve Persian and Jon Schwingler. Staff present were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Maggie Jin, Police Chief Correy Farniok, City Planner Matthew Karney, City Clerk Christine Lusian, Communication Specialist Rachel Cotter, and Community Development Director Laura Oakden. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA The agenda was approved by consensus. CONSENT AGENDA 1. City Council Minutes 2. Claims/Bills 3. Solicitor License 4. Fireworks Display — July 19 5. Donation of K9 Ballistic Vest — Resolution 7597 6. Resignation of Part -Time Firefighters This item was removedfrom the Consent Agenda 7. Hire Temporary Accounting Technician 8. Hire Public Works Maintenance Worker 9. Building Services Contract Agreement 10. Orono Fire Department Relief Association Legal and Audit Fee Approval 11. City Hall and Police Parking Lot Maintenance Award (25-035) 12. Stormwater Drainage Repairs 13. LA25-000021, 2565 Dunwoody Avenue, Average Lakeshore Setback Variance, Resolution 7596 Ricks moved, Benson seconded, to approve the Consent Agenda except for Item 6. VOTE: Ayes 3, Nays 0. PRESENTATIONS 14. Canine Introduction and Badge Ceremony Police Chief Coffey Farniok introduced the Orono PD's newest K-9 officer, Onyx, and his handler, Officer Brayden Sherman. Mayor Tunheim administered the oath of Office and presented his badge. 15. LMCD Representative Presentation Mayor Tunheim introduced Orono LMCD representative Rich Anderson, who asked to defer his presentation until the whole City Council is present. PUBLIC COMMENTS Page 1 of 4 4i Minutes City Council Regular Meeting Monday, July 14, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Gabriel Jabbour, 985 Tonkawa Road; Les Delton, 1535 Orchard Beach Place; Clair Rood, 3280 Navarre Lane; and Kelly Grady, Long Lake, provided comments. 6. Resignation of Part -Time Firefighters Ricks indicated she asked to pull this item from the Consent Agenda to thank the two part-time firefighters who have resigned and wish them well. Ricks moved, Benson seconded, to approve the resignation of part-time firefighters Taylor Andres and Jake Martin and thank them for their service. VOTE: Ayes 3, Nays 0. COMMUNITY DEVELOPMENT REPORT 16. LA25-000014, Text Amendment, Chapter 78 Animals, Ordinance 315 The City Council is requested to review the Staff report, receive a presentation, and discuss and adopt the Ordinance Text Amendment. The Council discussed the item and asked questions of staff. Ricks moved, Benson seconded, to adopt LA25-000014, Text Amendment, Chapter 78 Animals, Ordinance 315 and the newspaper summary publication. VOTE: Ayes 3, Nays 0. 17. LA25-000088, Text Amendment, Section 78-823 Garage Condo Standards, Ordinance 314 The City Council is requested to review the Staff report, receive a presentation, and discuss and adopt the ordinance text amendment. The Council discussed the item and asked questions of staff, noting that the Planning Commission had spent a great deal of time on this issue and had made the recommendations regarding parking spaces and driving lanes. Benson moved, Ricks seconded, to adopt LA25-000088 Text Amendment, Section 78-823 Garage Condo Standards, Ordinance 314 as recommended by the Planning Commission, as well as the newspaper summary publication. VOTE: Ayes 3, Nays 0. FINANCE DIRECTOR REPORT 18. Paid Family Medical Leave Administrator The City Council is requested to review the Staff report, receive a presentation, and discuss and approve contracting with Met Life, the low bidder, to administer a paid family leave program for the City of Orono. Employers must begin offering paid family leave beginning in 2026, according to State Law. The Council discussed the item and asked questions of staff. Page 2 of 4 6 Minutes City Council Regular Meeting Monday, July 14, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Benson moved, Ricks seconded, to enter into a two-year agreement with MetLife as the Paid Family Medical Leave program administrator. VOTE: Ayes 3, Nays 0. 19. Second Quarter Financial Update Finance Director Jin presented the second quarter financial update, noting revenues and expenditures are mainly on track at the mid -point of the year. The Council discussed the item and asked questions of staff. CITY ATTORNEY REPORT None CITY ADMINISTRATOR/ENGINEER REPORT 20. Upcoming Work Session and Council Training Schedule City Administrator Edwards presented suggested topics for work sessions for the remainder of 2025. The Council discussed the item and asked questions of staff, including options to expand time for work sessions, for example, extending planned work sessions or adding daytime or evening meetings. The consensus of the Council was to add an hour to the next work session on July 28 and plan a two-hour stand-alone meeting later in the summer. Edwards updated the Council on roads and parks projects, budgeting, and the fire Joint Powers Agreement. COUNCIL COMMITTEE REPORTS Tunheim reported on the Fire Advisory Committee meeting. MAYOR/COUNCIL REPORT Mayor and Council provided reports. ADJOURNMENT Benson moved, Ricks seconded, to adjourn the meeting at 7:59 p.m. to Monday, July 28, 2025, at 6:00 p.m. VOTE: Ayes 3, Nays 0. ATTEST: Christine Lusian, City Clerk Bob Tunheim, Mayor Page 3 of 4 7 Minutes City Council Regular Meeting Monday, July 14, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Minutes approved by Orono City Council July 28, 2025. Meeting videos and transcripts available at oronomn.gov. Page 4 of 4 AGENDA ITEM Date: July 28, 2025 Title: Claims/Bills Presenter: Kellie Hoen, Administrative Assistant Section: Consent Agenda Item: 2 Purpose: The purpose of this action item is to approve payment of claims made on the City for services and/or products provided to the City. 2. Background: The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 126416 to 126510 , and ACH transactions 20130714 to 20130720 totaling $ 507,219.94. 3. Staff Recommendation: Staff recommends approval of a motion authorizing payment to the claims listed as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register 2025-07-23 9 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 7/15/2025 - 7/28/2025 Page: 1 Jul 23, 2025 02:59PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount CITY OF WAYZATA 07/23/2025 126336 06.2025 UTIL 602-49450-387 JUNE 2025 SEWER Sewer 9,734.10- CITY OF WAYZATA 07/23/2025 126336 06.2025 UTIL 601-49400-387 JUNE 2025 WATER Water 4,643.66- Total 126336: 14,377.76- CAPITOL BEVERAGE SALES L.P 07/18/2025 126416 3148773 613-49830-091 BEER Golf Course 199.80 CAPITOL BEVERAGE SALES L.P 07/18/2025 126416 3148773 613-49830-092 BEVERAGE Golf Course 336.70 Total 126416: 536.50 CENTURYLINK 07/18/2025 126417 07.2025 WT 601-49400-321 WTP PHONE/INTERNET 07/04/2025-08/03/2025 Water 150.99 Total 126417: 150.99 DELANO CARQUEST 07/18/2025 126418 6829-325920 701-49800-222 712 BRAKE PARTS -CALIPER Fleet Services 118.17 Total 126418: 118.17 HIDDEN ACRES PET RESORT 07/18/2025 126419 49427 101-42110-317 K9 BOARDING/ONYX 3 DAYS Police Department 234.00 Total 126419: 234.00 KODIAK POWER SOLUTIONS 07/18/2025 126420 20324030 602-49450-406 LS# 13 GENERATOR NO START Sewer 240.00 Total 126420: 240.00 NAVARRE HARDWARE 07/18/2025 126421 350550 101-45200-221 HOSE ATTACHMENTS Parks 22.57 NAVARRE HARDWARE 07/18/2025 126421 350552 101-45200-221 IRRIGATION SUPPLIES Parks 3.00- Total 126421: 19.57 NOVA TECHNOLOGIES 07/18/2025 126422 178695 710-49970-401 PHONE SUPPORT- STATIC ISSUE IT Services 522.50 Total 126422: 522.50 ONSITE DRUG TESTING & CON 07/18/2025 126423 02362 101-43000-319 DRUG TESTING-CLARK 3RD QUARTER RANDO Public Works Department 217.50 ONSITE DRUG TESTING & CON 07/18/2025 126423 02362 651-49910-319 DRUG TESTING-CLARK 3RD QUARTER RANDO Storm Water 217.50 Total 126423: 435.00 10 City of Orono Check Register- COUNCIL REPORT Page: 2 Check Issue Dates: 7/15/2025 - 7/28/2025 Jul 23, 2025 02:59PM Payee Check Issue Date Check Number Invoice Number Invoice GLAccount SAFEBUILT LLC LOCKBOX 8813 07/18/2025 126424 2093025 101-42400-310 Total 126424: STANDARD SPRING PARTS 07/18/2025 126425 410125 701-49800-222 Total 126425: SUPERIOR TURF SERVICES 07/18/2025 126426 6801 101-45200-216 SUPERIOR TURF SERVICES 07/18/2025 126426 6805 613-49830-223 SUPERIOR TURF SERVICES 07/18/2025 126426 7158 613-49830-216 SUPERIOR TURF SERVICES 07/18/2025 126426 7172 613-49830-216 SUPERIOR TURF SERVICES 07/18/2025 126426 7463 101-45200-216 Total 126426: VERIZON WIRELESS 07/18/2025 126427 6118209827 101-43100-321 VERIZON WIRELESS 07/18/2025 126427 6118209827 101-45200-321 VERIZON WIRELESS 07/18/2025 126427 6118209827 101-41900-321 VERIZON WIRELESS 07/18/2025 126427 6118209827 101-42110-321 Total 126427: Wright -Hennepin Coop Electric 07/18/2025 126428 3503228270 101-43100-381 Wright -Hennepin Coop Electric 07/18/2025 126428 3503228270 613-49830-381 Wright -Hennepin Coop Electric 07/18/2025 126428 3503228270 101-43000-381 Total 126428: CITY OF WAYZATA 07/23/2025 126429 06.2025 UTIL 602-49450-387 CITY OF WAYZATA 07/23/2025 126429 06.2025 UTIL 601-49400-387 Total 126429: ABEL HEATING AND COOLING 07/28/2025 126430 M25-000131 101-20802 ABEL HEATING AND COOLING 07/28/2025 126430 M25-000131 101-32530 Total 126430: ACROSS THE STREET PRODU 07/28/2025 126431 28184 101-42260-437 Description Department Invoice Amount BUILDING INSPECTION SERVICES Building & Zoning 303.75 303.75 712 REAR LEAF SPRING PARTS Fleet Services 110.95 Mi1IR PARKS FERTILIZER Parks 4,698.68 GOLF COURSE FERTILIZER Golf Course 4,309.10 GOLF COURSE FERTILIZER Golf Course 1,457.51 GOLF COURSE FERTILIZER Golf Course 149.64 PARK FERTILIZER Parks 383.00 10,997.93 ARLO CAMERAS - BRUSH SITE Brush Site 80.02 ARLO CAMERAS - LURTON DOG PARK Parks 80.02 ARLO CAMERAS - SPARE Central Services 40.01 ARLO CAMERAS - PD Police Department 80.02 280.07 BRUSH SITE 06/01/25-07/01/25 Brush Site 30.41 GC SECURITY TO 08/31/2025 Golf Course 43.30 ELECTRICAL SERVICE 06/01/25-07/01/25 Public Works Department 175.85 249.56 JUNE 2025 SEWER Sewer 9,734.10 JUNE 2025 WATER Water 4,643.66 14,377.76 BP REFUND - M25-000131 - 2389 BLAIN AVE 7.07 BP REFUND - M25-000131 - 2389 BLAIN AVE 180.00 187.07 BLUECARD ONLINE TRAINING ACCESS FOR DE Fire Protection Services 770.00 11 City of Orono Check Register- COUNCIL REPORT Page: 3 Check Issue Dates: 7/15/2025 - 7/28/2025 Jul 23, 2025 02:59PM Check Check Invoice Invoice GLAccount Payee Issue Date Number Number Total 126431: AHN, PETER 07/28/2025 126432 LA25-000011 101-22205 Total 126432: AIR MECHANICAL 07/28/2025 126433 P25-000005 - 601-39610 AIR MECHANICAL 07/28/2025 126433 P25-000005 - 101-32590 Total 126433: ALISA BENSON 07/28/2025 126434 07.2025 A. B 101-41110-437 Total 126434: ALLIED MEDICAL TRAINING 07/28/2025 126435 4091 101-42260-437 Total 126435: AMERICAN PUBLIC WORKS AS 07/28/2025 126436 000891466 101-41300-433 AMERICAN PUBLIC WORKS AS 07/28/2025 126436 000891466 101-43000-433 AMERICAN PUBLIC WORKS AS 07/28/2025 126436 000891466 101-45200-433 AMERICAN PUBLIC WORKS AS 07/28/2025 126436 000891466 651-49910-433 AMERICAN PUBLIC WORKS AS 07/28/2025 126436 000891466 602-49450-433 Total 126436: BIFFS INC 07/28/2025 126437 INV256818 101-45200-415 BIFFS INC 07/28/2025 126437 INV256819 101-45200-415 BIFFS INC 07/28/2025 126437 INV256820 101-45200-415 BIFFS INC 07/28/2025 126437 INV256821 613-49830-415 BIFFS INC 07/28/2025 126437 INV256822 101-45200-415 BIFFS INC 07/28/2025 126437 INV256823 101-45200-415 BIFFS INC 07/28/2025 126437 INV256824 101-45200-415 BIFFS INC 07/28/2025 126437 INV256825 101-43100-415 Total 126437: CAMPBELL KNUTSON 07/28/2025 126438 2717-000OG 101-41600-307 Description Department Invoice Amount 770.00 ESCROW REFUND - LA25-000011 - 3275 CARMA 700.00 700.00 BP REFUND - P25-000008 - 3271 CASCO CIR 891.00 BP REFUND - P25-000008 - 3271 CASCO CIR 926.92 1,817.92 _MC ANNUAL CONFERENCE - BENSON Mayor & Council 943.92 943.92 INITIAL EMT TRAINING - WILSON, SKILLS WEEK- Fire Protection Services 1,350.00 1,350.00 APWA MEMBERSHIP Administration 266.05 APWA MEMBERSHIP Public Works Department 266.05 APWA MEMBERSHIP Parks 266.05 APWAMEMBERSHIP Storm Water 266.05 APWA MEMBERSHIP Sewer 266.05 1,330.25 BIFF RENTAL-BEDERWOOD PARK Parks 257.00 BIFF RENTAL -SUMMIT BEACH Parks 166.00 BIFF RENTAL-HACKBERRY PARK Parks 182.00 BIFF RENTAL -GOLF COURSE Golf Course 91.00 BIFF RENTAL -CRYSTAL BAY PLAYGROUND Parks 91.00 BIFF RENTAL-NAVARRE PLAYGROUND Parks 166.00 BIFF RENTAL-LURTON PARK Parks 91.00 BIFF RENTAL -BRUSH SITE Brush Site 91.00 1,135.00 FIRE MATTER 05/25-06/25 Law/Legal Services 3,214.00 12 City of Orono Check Register- COUNCIL REPORT Page: 4 Check Issue Dates: 7/15/2025 - 7/28/2025 Jul 23, 2025 02:59PM Check Check Invoice Invoice GLAccount Payee Issue Date Number Number CAMPBELL KNUTSON 07/28/2025 126438 2717-000OG 101-41600-307 CAMPBELL KNUTSON 07/28/2025 126438 2717-000OG 101-41600-307 CAMPBELL KNUTSON 07/28/2025 126438 2717-000OG 101-41600-307 CAMPBELL KNUTSON 07/28/2025 126438 2717-000OG 101-41600-307 CAMPBELL KNUTSON 07/28/2025 126438 2717-000OG 101-41600-307 CAMPBELL KNUTSON 07/28/2025 126438 2717-000OG 101-41600-307 CAMPBELL KNUTSON 07/28/2025 126438 2717-000OG 101-41600-307 CAMPBELL KNUTSON 07/28/2025 126438 2717-000OG 101-41600-307 CAMPBELL KNUTSON 07/28/2025 126438 2717-0004G 101-42110-307 CAMPBELL KNUTSON 07/28/2025 126438 2717-0069G 101-43280-307 CAMPBELL KNUTSON 07/28/2025 126438 2717-0115G 101-41600-308 CAMPBELL KNUTSON 07/28/2025 126438 2717-0201G 101-41600-307 CAMPBELL KNUTSON 07/28/2025 126438 2717-0800G 101-42400-307 CAMPBELL KNUTSON 07/28/2025 126438 2717-0802G 101-42400-307 CAMPBELL KNUTSON 07/28/2025 126438 2717-0963G 101-43280-307 CAMPBELL KNUTSON 07/28/2025 126438 2717-0968G 101-43280-307 CAMPBELL KNUTSON 07/28/2025 126438 2717-0998G 101-41600-306 CAMPBELL KNUTSON 07/28/2025 126438 2717-0999G 101-41600-306 Total 126438: CECE'SIGNS INC 07/28/2025 Total 126439: CENTRAL PENSION FUND SOU 07/28/2025 Total 126440: CENTURYLINK 07/28/2025 Total 126441: CHAMBERLAIN FINE CUSTOM 07/28/2025 Total 126442: CHEVROLET 07/28/2025 Description Department HR MATTERS 05/2025-06/2025 Law/Legal Services UNION NEGOTIATIONS 05/25-06/25 Law/Legal Services LIDS MATTER 06/2025 Law/Legal Services MIDCO LEASE 05/2025-06/2025 Law/Legal Services LIQUOR COMPLIANCE 06/2025 Law/Legal Services 450 OLD CRYSTAL BAY RD MATTER Law/Legal Services ADMINISTRATION/GENERAL MATTERS 05/25 RE Law/Legal Services ADMINISTRATION/GENERAL MATTERS O6/25 Law/Legal Services POLICE MATTERS 06/25 Police Department LA24-000069 2300 6TH AVE FINAL PLAT Special Services 3600 IVY PL - CODE ENFORCEMENT Law/Legal Services MISC RECORDINGS 06/25 Law/Legal Services B&Z ASSISTANCE 06/25 Building & Zoning B&Z ASSISTANCE 06/25 Building & Zoning LA24-000068 - 430 OLD CRYSTAL BAY ROAD Special Services LA24-000069 2300 6TH AVE Special Services PROSECUTION SERVICES 06/25 Law/Legal Services PROSECUTION SERVICES 06/25 Law/Legal Services 126439 9905 602-49450-227 SIGNS FOR LIFT STATIONS, GENERATORS 126440 07.24.25 FU 101-21705 CENTRAL PENSION FUND 07.24.2025 Sewer 126441 07.2025 GC 613-49830-321 GC PHONE/INTERNET 07/19/2025-08/18/2025 Golf Course 126442 RPS24-0000 101-22205 ESCROW REFUND - RPS24-000041 - 2925 LILLAI 126443 27199 701-49800-222 PD 270 USB OUTLET MODULE Fleet Services Invoice Amount 671.00 3,438.00 204.00 1,156.00 85.00 323.00 4,691.00- 2,601.00 1,619.58 135.00 272.00 777.54 374.00 1,955.00 348.00 299.50 274.00 6,161.65 Alf 7A7 f7 354.00 354.00 2,125.50 2,125.50 209.61 209.61 10,000.00 10,000.00 86.17 13 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 7/15/2025 - 7/28/2025 Page: 5 Jul 23, 2025 02:59PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 126443: 86.17 CITY OF LONG LAKE 07/28/2025 126444 20250021 101-42260-318 3RD QTR 2025 FIRE SERVICE Fire Protection Services 156,265.75 CITY OF LONG LAKE 07/28/2025 126444 20250025 101-42260-318 JOINT DUTY CREW - JUNE 2025 Fire Protection Services 3,170.00 Total 126444: 159,435.75 CITY VIEW PLUMBING & HEATI 07/28/2025 126445 156577768 101-41900-404 PLUMBING REPAIR - CITY HALL Central Services 1,321.74 CITY VIEW PLUMBING & HEATI 07/28/2025 126445 156987634 101-41900-404 PLUMBING REPAIR - CITY HALL Central Services 729.68 Total 126445: 2,051.42 COLLEEN MANCHESTER 07/28/2025 126446 RPS23-0001 101-22205 ESCROW REFUND - RPS23-000195 1,000.00 Total 126446: 1,000.00 CORREY FARNIOK 07/28/2025 126447 07.2025 C. F 101-42110-226 UNIFORM REIMBURSEMENT Police Department 112.94 Total 126447: 112.94 DAHLHEIMER BEVERAGE MON 07/28/2025 126448 2518538 613-49830-094 WATER Golf Course 59.60 DAHLHEIMER BEVERAGE MON 07/28/2025 126448 2518538 613-49830-091 BEER Golf Course 192.00 Total 126448: 251.60 DELANO CARQUEST 07/28/2025 126449 6829-326338 602-49450-222 LIFT STATION GENERATOR BATTERY FOR ENGI Sewer 307.27 DELANO CARQUEST 07/28/2025 126449 6829-326440 701-49800-240 MECHANICS TOOLS - SMALL FLUID PUMP Fleet Services 13.56 DELANO CARQUEST 07/28/2025 126449 6829-326444 613-49830-221 GOLF COURSE UTILITY CART HORN BUTTON Golf Course 10.87 DELANO CARQUEST 07/28/2025 126449 6829-326639 701-49800-222 PD VEHICLES V-6 ENGINE OIL FILTERS Fleet Services 54.24 Total 126449: 385.94 EARL FANDERSEN &ASSOC 07/28/2025 126450 01401143-IN 101-45200-221 PARK SIGNS Parks 100.45 EARL FANDERSEN &ASSOC 07/28/2025 126450 0140116-IN 101-43000-224 SIGN POSTS SQUARE Public Works Department 793.95 Total 126450: 894.40 ECM PUBLISHERS INC 07/28/2025 126451 156651 101-42400-352 PH FOR B&Z - JULY 2025 Building & Zoning 157.50 14 City of Orono Check Register- COUNCIL REPORT Page: 6 Check Issue Dates: 7/15/2025 - 7/28/2025 Jul 23, 2025 02:59PM Check Check Invoice Invoice GLAccount Description Payee Issue Date Number Number Total 126451: EHLERS AND ASSOCIATES 07/28/2025 Total 126452 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 FACTORY MOTOR PARTS 07/28/2025 Total 126453 FERGUSON WATERWORKS #25 07/28/2025 Total 126454: FIDELITY SECURITY LIFE INSU 07/28/2025 Total 126455: 126452 102104 235-45690-319 2024 TIF REPORTING - SAFES 126453 1-10540245 701-49800-222 126453 1-10540523 701-49800-222 126453 1-10850018 701-49800-222 126453 1-10850043 701-49800-222 126453 1-10850045 701-49800-222 126453 1-10850047 701-49800-222 126453 1-10850048 701-49800-222 126453 1-10884625 701-49800-222 126453 1-10884910 701-49800-222 126453 1-10941077 701-49800-222 126453 128-Z18266 701-49800-222 126453 6-1700124 701-49800-222 126453 70-592574 701-49800-222 126453 70-592595 701-49800-222 126453 70-593596 701-49800-222 126453 70-593622 701-49800-222 126453 70-593625 701-49800-222 126453 70-593717 701-49800-222 126453 70-593951 701-49800-222 126453 70-594691 701-49800-222 126453 70-595121 701-49800-222 126453 70-595451 701-49800-222 VEHICLE PARTS Fleet Services VEHICLE PARTS Fleet Services 111 WHEEL BEARING Fleet Services VEHICLE PARTS Fleet Services VEHICLE PARTS Fleet Services VEHICLE PARTS Fleet Services VEHICLE PARTS Fleet Services PD TAHOE ENGINE COOLANT EXPANSION TANK Fleet Services PD SQUAD 270 ENGINE COOLANT EXPANSION Fleet Services TAHOE BRAKES LLFD Fleet Services VEHICLE BATTERIES Fleet Services PD 259 FRONT HVAC BLOWER MOTOR ASSEMB Fleet Services 110 VEHICLE PARTS Fleet Services 428 STEERING GEARBOX RETURN Fleet Services PD SQUAD 264 HVAC BLOWER MOTOR Fleet Services PD 259 WATER PUMP Fleet Services PD 259 PARTS THERMOSTAT Fleet Services PD TAHOE BATTERY Fleet Services PD 259 WATER PUMP CREDIT Fleet Services PD SQUAD 259 TRANSFER CASE FLUID Fleet Services TAHOE BRAKES LLFD Fleet Services PD 264 180 DEGREE THERMOSTAT Fleet Services 126454 0550315 601-49400-227 WATER METER HORN GASKETS Water 126455 166868157 101-21716 VISION PLAN 7/2025 Department Invoice Amount 157.50 98.75 196.38 196.38 229.62 196.38- 182.64 196.38- 182.64 34.58 34.58 419.94 88.96 73.11 30.24 1,155.72- 61.72 171.20 36.93 152.17 171.20- 37.40 206.60 653.54 118.67 313.42 15 City of Orono Check Register- COUNCIL REPORT Page: 7 Check Issue Dates: 7/15/2025 - 7/28/2025 Jul 23, 2025 02:59PM Payee Check Issue Date Check Number Invoice Number Invoice GLAccount GENUINE PARTS COMPANY/NA 07/28/2025 126456 628382 602-49450-221 Total 126456: GOPHERACE 07/28/2025 126457 025731/1 101-43000-226 GOPHERACE 07/28/2025 126457 025761/1 101-45200-223 GOPHERACE 07/28/2025 126457 25645-1 101-45200-221 GOPHERACE 07/28/2025 126457 25662/1 613-49830-221 GOPHERACE 07/28/2025 126457 25682/1 101-43000-224 GOPHERACE 07/28/2025 126457 25700/1 101-41900-223 GOPHERACE 07/28/2025 126457 25709/1 101-42260-240 GOPHERACE 07/28/2025 126457 25777/1 101-43000-240 Total 126457: HAWKINS INC 07/28/2025 126458 7073317 601-49400-216 HAWKINS INC 07/28/2025 126458 7131741 601-49400-216 Total 126458: HEATHER OR JOHN TOLER 07/28/2025 126459 UB REFUND 999-10015 Total 126459: HENNEPIN COUNTY ACCOUNT 07/28/2025 126460 1000249237 101-42110-437 Total 126460: HENNEPIN COUNTY ACCOUNT 07/28/2025 126461 1000248557 101-42110-414 HENNEPIN COUNTY ACCOUNT 07/28/2025 126461 1000248573 651-49910-414 HENNEPIN COUNTY ACCOUNT 07/28/2025 126461 1000248608 101-42260-414 HENNEPIN COUNTY ACCOUNT 07/28/2025 126461 1000249362 101-42400-319 HENNEPIN COUNTY ACCOUNT 07/28/2025 126461 1000250182 101-41600-309 Total 126461: HIGHVIEW PLUMBING INC 07/28/2025 126462 17680 602-49450-319 Total 126462: Description Department Invoice Amount LIFT STATION 18 GENERATOR BATTERY Sewer 177.64 BRADY PPE Public Works Department 228.56 PEST CONTROL Parks 67.87 IRRIGATION REPAIR SPRING PARK Parks 107.96 NUTS & BOLTS Golf Course 15.18 SHOP ITEMS Public Works Department 50.94 GARBAGE BAGS Central Services 16.99 STATION SUPPLIES Fire Protection Services 24.77 DEADBLOW HAMMER Public Works Department 51.98 564.25 WATER PLANT CHEMICALS Water 3,960.37 WATER PLANT CHEMICALS Water 60.00 4,020.37 UB REFUND -500 SANDHILL DR -TOLER 103.30 103.30 TRAIN ING/WINTHRW - REVOLVING PD EXPENS Police Department 349.00 349.00 HC RADIO/MDC LEASE FEE Police Department 3,179.20 PW RADIO LEASE 6/2025 Storm Water 320.43 FIRE RADIO LEASE 6/2025 Fire Protection Services 844.77 PROPERTY RESEARCH Building & Zoning 10.00 JAIL CHARGES/ALL CITIES Law/Legal Services 1,925.60 6,280.00 I&I INSPECTION Sewer 1.000.00 1,000.00 16 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 7/15/2025 - 7/28/2025 Page: 8 Jul 23, 2025 02:59PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount HOLTON ELECTRIC CONTRACT 07/28/2025 126463 8303 613-49830-404 GOLF COURSE SHED ELECTRIC REPAIRS Golf Course 554.00 HOLTON ELECTRIC CONTRACT 07/28/2025 126463 8306 613-49830-404 GOLF COURSE SHED ELECTRICAL POLE Golf Course 4,248.68 Total 126463: 4,802.68 International Union Local #49 07/28/2025 126464 07.2025 101-21707 LOCAL 49 DUES - 07/2025 472.50 Total 126464: 472.50 JACQUELINE RICKS 07/28/2025 126465 07.2025 J. RI 101-41110-437 LMC ANNUAL CONFERENCE - RICKS Mayor & Council 1,058.48 Total 126465: 1,058.48 JDAE LLC 07/28/2025 126466 US REFUND 999-10015 US REFUND - 2080 NORTH SHORE DR - JDAE ILL 240.69 Total 126466: 240.69 JH LARSON COMPANY 07/28/2025 126467 S103414897. 601-49400-405 WATER PLANT LEAK - PARTS FOR FIX Water 40.98 Total 126467: 40.98 JOHNSON FITNESS & WELLNE 07/28/2025 126468 22-045595 101-42110-403 JOHNSON FITNESS AND WELLNESS/YEARLY E Police Department 334.00 Total 126468: 334.00 KENNETH SCHMELING 07/28/2025 126469 RPS24-0000 101-22205 ESCROW REFUND - RPS24-000045 - 4423 NORT 1,000.00 Total 126469: 1,000.00 KODIAK POWER SOLUTIONS 07/28/2025 126470 20498890 602-49450-406 REPLACE GFI & CHARGER FOR LS 18 Sewer 841.42 Total 126470: 841.42 LAW ENFORCEMENT LABOR S 07/28/2025 126471 07.2025 DUE 101-21707 LELS DUES - LOCAL 40 07/2025 1,460.92 LAW ENFORCEMENT LABOR S 07/28/2025 126471 07.2025 DUE 101-21707 LELS DUES - LOCAL 168 07/2025 365.00 Total 126471: 1,825.92 LEO WEB PROTECT INC. 07/28/2025 126472 81113128015 710-49970-416 MONTHLY SUBSCRIPTION 7125 IT Services 143.06 17 City of Orono Check Register- COUNCIL REPORT Page: 9 Check Issue Dates: 7/15/2025 - 7/28/2025 Jul 23, 2025 02:59PM Check Check Invoice Invoice GLAccount Payee Issue Date Number Number Total 126472 MACQUEEN EQUIPMENT LLC 07/28/2025 126473 P51539 101-42260-226 MACQUEEN EQUIPMENT LLC 07/28/2025 126473 P51622 101-42260-226 MACQUEEN EQUIPMENT LLC 07/28/2025 126473 P51693 101-42260-226 MACQUEEN EQUIPMENT LLC 07/28/2025 126473 P51703 101-42260-226 Total 126473: MANSFIELD OIL COMPANY 07/28/2025 126474 26724773 701-49800-212 MANSFIELD OIL COMPANY 07/28/2025 126474 26724784 701-49800-212 Total 126474: MARTIN MARIETTA MATERIALS 07/28/2025 126475 46328839 101-43000-224 Total 126475: MEB ENTERPRISE INC 07/28/2025 126476 1295 651-49910-406 MEB ENTERPRISE INC 07/28/2025 126476 1309- 651-49910-406 Total 126476: METLIFE 07/28/2025 126477 08.2025 DEN 101-15998 METLIFE 07/28/2025 126477 08.2025 DEN 101-15998 METLIFE 07/28/2025 126477 08.2025 DEN 101-21709 METLIFE 07/28/2025 126477 ACCIDENT 1 101-21721 METLIFE 07/28/2025 126477 CRITICAL IN 101-21721 METLIFE 07/28/2025 126477 HOSPITAL 1 101-21721 Total 126477: Mid -America Business Systems In 07/28/2025 126478 20250726 710-49970-401 Total 126478: MINUTEMAN PRESS 07/28/2025 126479 39306 101-41430-322 MINUTEMAN PRESS 07/28/2025 126479 39306 101-41430-325 Description Department FIREFIGHTING BOOTS FOR LIEBL Fire Protection Services NEW FIRE HELMET FOR LIEBL Fire Protection Services HELMET SHIELD FOR BROOKS Fire Protection Services HELMET SHIELD FOR WILSON Fire Protection Services UNLEADED FUEL Fleet Services DIESEL FUEL Fleet Services PATCHING Public Works Department TASK 75362,75367,75368 AND 81493 Storm Water REPAIR STORM SEWER SYSTEM ON WILDHUR Storm Water DENTAL INS -COBRA BR DENTAL INS -COBRA ET DENTAL INSURANCE 08/25 ACCIDENT 08.2025 CRITICAL INS 08.2025 HOSPITAL 08.2025 SERVICE AGREEMENT - 7/14/25-7/13/26 NEWSLETTER JUL-AUG POSTAGE NEWSLETTER JUL-AUG IT Services Communications Communications Invoice Amount 143.Ub 630.40 201.00 72.00 72.00 (,Ub4.32 U,U11.UU b4, tdb.UU 34.61 66.37 3,121.77 366.76 153.96 275.40 uao.uu 1,133.4v 1,640.91 18 City of Orono Check Register- COUNCIL REPORT Page: 10 Check Issue Dates: 7/15/2025 - 7/28/2025 Jul 23, 2025 02:59PM Check Check Invoice Invoice GLAccount Description Payee Issue Date Number Number Total 126479: MTI DISTRIBUTING INC 07/28/2025 126480 1483200-00 101-41900-221 MOWER REPAIR PARTS MTI DISTRIBUTING INC 07/28/2025 126480 1483200-01 613-49830-221 MOWER REPAIR - PULL LINK Total 126480: NAVARRE HARDWARE 07/28/2025 126481 350573 101-42110-240 SHOP SUPPLIES/GARAGE Total 126481: NCPERS GROUP LIFE INS. 07/28/2025 126482 6732000820 101-21710 PERA LIFE 08/2025 Total 126482: ODP BUSINESS SOLUTIONS LL 07/28/2025 126483 4297499670 101-42110-201 OFFICE SUPPLIES ODP BUSINESS SOLUTIONS LL 07/28/2025 126483 4297514180 101-42110-201 OFFICE SUPPLIES ODP BUSINESS SOLUTIONS LL 07/28/2025 126483 4297585820 101-42110-201 OFFICE SUPPLIES ODP BUSINESS SOLUTIONS LL 07/28/2025 126483 4325049420 101-42110-201 OFFICE SUPPLIES Total 126483: OPEIU - LOCAL 12 07/28/2025 126484 07.2025 DUE 101-21707 UNION DUES - LOCAL 12 07/2025 Total 126484: PATRICK FLEMING 07/28/2025 126485 UB REFUND 999-10015 UB REFUND - 4760 NORTH ARM DR W - FLEMIN Total 126485: PATRICK OR MELISSA MULHER 07/28/2025 126486 UB REFUND 999-10015 UB REFUND - 460 ORCHARD PARK RD-MULHER Total 126486: PLAISTED COMPANIES INC 07/28/2025 126487 85112 613-49830-223 TOPDRESSING SAND & DIRT Total 126487: PRECISION UTILITIES 07/28/2025 126488 2634 602-49450-406 FORCE MAIN BREAK AT LS18 Department Invoice Amount Central Services 129.22 Golf Course 101.24 230.46 Police Department 13.99 416.00 Police Department 89.60 Police Department 13.16 Police Department 448.40 Police Department 75.58 Golf Course 1,202.58 1,202.58 Sewer 6,550.00 19 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 7/15/2025 - 7/28/2025 Page: 11 Jul 23, 2025 02:59PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 126488: 6,550.00 PRIORITY TREE EXPERTS LLC 07/28/2025 126489 1016 101-43000405 REMOVE TREES ON WILDHURST DRAINAGE DI Public Works Department 7,250.00 Total 126489: 7,250.00 PUTNAM, JANET 07/28/2025 126490 UB REFUND 999-10015 UB REFUND - 2765 CASCO POINT RD 282.36 Total 126490: 282.36 RED CEDAR CONSULTING LLC 07/28/2025 126491 000278 101-42110-319 EXTERNAL INVESTIGATION (OPD) Police Department 9,555.76 Total 126491: 9,555.76 REVIS STEPHENSON 07/28/2025 126492 RPS23-0000 101-22205 ESCROW REFUND - RPS23-000099 - 3760 WATE 1,000.00 Total 126492: 1,000.00 ROSENBAUER SOUTH DAKOTA 07/28/2025 126493 0100020734 101-42260-402 E1 BUMPER REPAIR Fire Protection Services 2,459.02 Total 126493: 2,459.02 RYAN AUTO MALL 07/28/2025 126494 276112 701-49800-222 PD DURANGO 259 RADIATOR AND RADIATOR C Fleet Services 457.44 Total 126494: 457.44 SCHERBER COMPANIES LLC 07/28/2025 126495 SWP24-0000 101-20802 BP REFUND - SWP24-000069 - 1205 TONKAWA R 51.00 Total 126495: 51.00 SECURITY & SOUND CO 07/28/2025 126496 29948 710-49970-575 PD INTERIOR CAMERA UPGRADE IT Services 3,316.00 Total 126496: 3,316.00 SHAUGHNESSY LAWN CARE 07/28/2025 126497 07.2025 101-45200-404 PARK MOWING 06/15/2025 - 7/15/25 Parks 4,428.57 Total 126497: 4,428.57 SiteOne Landscape Supply LLC 07/28/2025 126498 155679253-0 613-49830-223 GOLF COURSE PAVER PROJECT Golf Course 192.12- 20 City of Orono Check Register- COUNCIL REPORT Page: 12 Check Issue Dates: 7/15/2025 - 7/28/2025 Jul 23, 2025 02:59PM Check Check Invoice Invoice GLAccount Payee Issue Date Number Number SiteOne Landscape Supply LLC 07/28/2025 126498 155778508-0 613-49830-225 SiteOne Landscape Supply LLC 07/28/2025 126498 156124882-0 613-49830-223 SiteOne Landscape Supply LLC 07/28/2025 126498 15614854-00 101-45200-216 Total 126498: STANDARD SPRING PARTS 07/28/2025 126499 409053 701-49800-222 STANDARD SPRING PARTS 07/28/2025 126499 409057 701-49800-222 STANDARD SPRING PARTS 07/28/2025 126499 410391 701-49800-222 STANDARD SPRING PARTS 07/28/2025 126499 410392 701-49800-222 Total 126499: STRE I CH E R'S 07/28/2025 126500 11772267 101-42110-226 STRE I CH E R'S 07/28/2025 126500 11773038 101-42110-226 Total 126500: SUN LIFE FINANCIAL 07/28/2025 126501 07.2025 STD 101-21714 SUN LIFE FINANCIAL 07/28/2025 126501 07.2025 SUP 101-21710 Total 126501: TERMINAL SUPPLY CO 07/28/2025 126502 42904-00 701-49800-215 Total 126502: THE HARTFORD 07/28/2025 126503 07.2025 LTD 101-21713 Total 126503: UNIFIRST CORPORATION 07/28/2025 126504 1410155519 613-49830-223 UNIFIRST CORPORATION 07/28/2025 126504 1410155585 101-45200-226 UNIFIRST CORPORATION 07/28/2025 126504 1410155585 613-49830-226 UNIFIRST CORPORATION 07/28/2025 126504 1410155585 101-41900-226 UNIFIRST CORPORATION 07/28/2025 126504 1410155585 101-43000-226 UNIFIRST CORPORATION 07/28/2025 126504 1410155585 101-43000-226 UNIFIRST CORPORATION 07/28/2025 126504 1410155585 601-49400-226 UNIFIRST CORPORATION 07/28/2025 126504 1410155585 602-49450-226 UNIFIRST CORPORATION 07/28/2025 126504 1410155585 701-49800-226 Description GOLF COURSE DRAINAGE PIPE GOLF COURSE SUPPLIES CHEMICALS FIRE E-1 FRONT SPRINGS FIRE E-1 FRONT SPRINGS FIRE E-1 FRONT SPRINGS FIRE E-1 FRONT SPRINGS UNIFORMS/VARGAS UNIFORMS/SCHULTZ STD- 07/2025 LIFE INSURANCE - 07/2025 Department Invoice Amount Golf Course 55.60 Golf Course 2.86 Parks 180.55 46.89 Fleet Services 34.59 Fleet Services 103.77 Fleet Services 404.32 Fleet Services 22.56 Police Department Police Department SHOP SUPPLIES/ METRIC AND GRADE 8 NUTS Fleet Services LTD 07/2025 MATS AND TOWEL -GC UNIFORMS - PARKS UNIFORMS -GOLF COURSE UNIFORMS -FACILITY UNIFORMS - STORMWATER UNIFORMS -STREETS UNIFORMS PW-WATER DEPT UNIFORMS PW-SEWER DEPT UNIFORMS - FLEET Golf Course Parks Golf Course Central Services Public Works Department Public Works Department Water Sewer Fleet Services 184.99 57.98 1,134.80 2,421.46 226.12 1,899.32 17.74 16.31 16.31 2.87 50.79 50.79 25.79 25.79 33.85 21 City of Orono Check Register- COUNCIL REPORT Page: 13 Check Issue Dates: 7/15/2025 - 7/28/2025 Jul 23, 2025 02:59PM Payee UNIFIRST CORPORATION UNIFIRST CORPORATION UNIFIRST CORPORATION UNIFIRST CORPORATION UNIFIRST CORPORATION UNIFIRST CORPORATION UNIFIRST CORPORATION UNIFIRST CORPORATION UNIFIRST CORPORATION UNIFIRST CORPORATION UNIFIRST CORPORATION UNIFIRST CORPORATION UNIFIRST CORPORATION UNIFIRST CORPORATION UNIFIRST CORPORATION UNIFIRST CORPORATION Total 126504: US Bank Equipment Finance US Bank Equipment Finance Total 126505: WESTSIDE WHOLESALE TIRE Total 126506: WOODDALE BUILDERS Total 126507: WOODHILL COUNTRY CLUB Total 126508: XCEL ENERGY XCEL ENERGY Check Check Invoice Invoice GLAccount Issue Date Number Number 07/28/2025 126504 1410155585 101-43000-404 07/28/2025 126504 1410155585 701-49800-221 07/28/2025 126504 1410155585 101-41900-223 07/28/2025 126504 1410157099 613-49830-223 07/28/2025 126504 1410157106 101-41900-223 07/28/2025 126504 1410157154 101-45200-226 07/28/2025 126504 1410157154 613-49830-226 07/28/2025 126504 1410157154 101-41900-226 07/28/2025 126504 1410157154 101-43000-226 07/28/2025 126504 1410157154 101-43000-226 07/28/2025 126504 1410157154 601-49400-226 07/28/2025 126504 1410157154 602-49450-226 07/28/2025 126504 1410157154 701-49800-226 07/28/2025 126504 1410157154 613-49830-223 07/28/2025 126504 1410157154 701-49800-221 07/28/2025 126504 1410157154 101-43000-404 Description RUGS-PW SHOP TOWELS - PW MOPS/CLEANING TOWELS MATS AND TOWEL -GC MATS AND AIR FRESHENER - CH UNIFORMS -PARKS UNIFORMS -GOLF COURSE UNIFORMS -FACILITY UNIFORMS - STORMWATER UNIFORMS -STREETS UNIFORMS PW-WATER DEPT UNIFORMS PW-SEWER DEPT UNIFORMS - FLEET MATS AND TOWEL -GC SHOP TOWELS - PW RUGS-PW 07/28/2025 126505 560111288 710-49970-413 COPIERS - 07/25 07/28/2025 126505 560111288 101-41900-201 OVERAGE -TONER 07/28/2025 126506 966794 701-49800-222 627TIRES 07/28/2025 126507 RPS24-0001 101-22205 07/28/2025 126508 LA25-000018 101-22205 ESCROW REFUND - RPS24-000102 - 511 FERND ESCROW REFUND - LA25-000018 - 200 WOODHI Department Public Works Department Fleet Services Central Services Golf Course Central Services Parks Golf Course Central Services Public Works Department Public Works Department Water Sewer Fleet Services Golf Course Fleet Services Public Works Department IT Services Central Services Fleet Services 07/28/2025 126509 936805158 101-41900-381 PW BUILDING ELECTRICITY 06/18/25-07/20/25 Central Services 07/28/2025 126509 936842451 101-43000-386 OCB TRAFFIC SIGNAL 06/18/25-07/20/25 Public Works Department Invoice Amount 28.73 3.91 24.41 109.92 90.36 16.31 16.31 2.87 50.79 50.79 25.79 25.79 33.85 24.41 3.91 777.12 1,573.11 1,582.03 584.64 1,000.00 700.00 1,970.75 130.02 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 7/15/2025 - 7/28/2025 Page: 14 Jul 23, 2025 02:59PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 126509: 2,100.77 ZUMBRO TOOLS 07/28/2025 126510 0709251833 701-49800-240 MECHANICS TOOLS Fleet Services 154.55 ZUMBRO TOOLS 07/28/2025 126510 0716251855 701-49800-240 MECHANICS TOOLS Fleet Services 88.60 Total 126510: 243.15 INNOVO BENEFITS ADMINISTR 07/18/2025 20130714 1535130 101-15998 HEALTH INSURANCE - 08.2025AJ 730.68 INNOVO BENEFITS ADMINISTR 07/18/2025 20130714 1535130 601-49400-135 HEALTH INSURANCE - 08.2025-BR Water 730.68 INNOVO BENEFITS ADMINISTR 07/18/2025 20130714 1535130 101-42110-135 HEALTH INSURANCE - 08.2025-DM Police Department 730.68 INNOVO BENEFITS ADMINISTR 07/18/2025 20130714 1535130 101-42110-135 HEALTH INSURANCE - 08.2025-JW Police Department 730.68 INNOVO BENEFITS ADMINISTR 07/18/2025 20130714 1535130 101-21706 HEALTH INSURANCE - 08.2025 68,131.14 Total 20130714: 71,053.86 MEDSURETY LLC 07/18/2025 20130715 07.15.25 LPF 101-21719 MFSA6/6/25-7/13/25 FUNDS 22.97 MEDSURETY LLC 07/18/2025 20130715 07.15.25 LPF 101-21719 LPFSA 6.6.25-7.13.25 FUNDS 500.00 MEDSURETY LLC 07/18/2025 20130715 DCAP J. CUT 101-21719 DCAP J. CUTA 104.17 Total 20130715: 627.14 MN DEPT OF LABOR & INDUST 07/18/2025 20130716 Q2 2025 Sur 101-20802 2025 QUARTER 2 SURCHARGE - JUNE 7,378.94 MN DEPT OF LABOR & INDUST 07/18/2025 20130716 Q2 2025 Sur 101-39610 2025 QUARTER 2 SURCHARGE - JUNE 443.87- Total 20130716: 6,935.07 MN DEPT OF REVENUE -WIRE 07/18/2025 20130717 06.2025 Sale 101-34650 POLICE REPORTS 1.00 MN DEPT OF REVENUE -WIRE 07/18/2025 20130717 06.2025 Sale 601-20806 WATER TAXABLE SALES 1,106.00 MN DEPT OF REVENUE -WIRE 07/18/2025 20130717 06.2025 Sale 601-20806 BULK WATER SALES 26.00 MN DEPT OF REVENUE -WIRE 07/18/2025 20130717 06.2025 Sale 613-37910 GREEN FEES 3,974.00 MN DEPT OF REVENUE -WIRE 07/18/2025 20130717 06.2025 Sale 613-37920 GOLF CART RENTAL 1,601.00 MN DEPT OF REVENUE -WIRE 07/18/2025 20130717 06.2025 Sale 613-37930 ALCOHOL/BEER 350.00 MN DEPT OF REVENUE -WIRE 07/18/2025 20130717 06.2025 Sale 613-37935 POP 27.00 MN DEPT OF REVENUE -WIRE 07/18/2025 20130717 06.2025 Sale 613-37940 CONCESSIONS - SALES TAX 158.00 MN DEPT OF REVENUE -WIRE 07/18/2025 20130717 06.2025 Sale 613-37960 GOLF BALLS 114.00 MN DEPT OF REVENUE -WIRE 07/18/2025 20130717 06.2025 Sale 613-37970 PRO SHOP SALES - SALES TAX 37.00 MN DEPT OF REVENUE -WIRE 07/18/2025 20130717 06.2025 Sale 101-39610 CREDIT - WRITE OFF 6.00- 23 City of Orono Payee Total 20130717: Check Register- COUNCIL REPORT Check Issue Dates: 7/15/2025 - 7/28/2025 Check Check Invoice Invoice GLAccount Issue Date Number Number Description Page: 15 Jul 23, 2025 02:59PM Department Invoice Amount 7,388.00 AMAZON CAPITAL SERVICE 07/28/2025 20130718 11 L7-VCV1-3 101-45200-221 PARKS/ GOLF UTILITY CART STROBE LIGHT Parks 19.99 AMAZON CAPITAL SERVICE 07/28/2025 20130718 11 L7-VCV1-3 101-41900-201 OFFICE CHAIR - FLEET Central Services 99.99 AMAZON CAPITAL SERVICE 07/28/2025 20130718 11 L7-VCV1-3 613-49830-221 GOLF CART STEERING PARTS Golf Course 50.00 AMAZON CAPITAL SERVICE 07/28/2025 20130718 11 L7-VCV1-3 101-43000-489 CAN OP[ENER Public Works Department 19.99 AMAZON CAPITAL SERVICE 07/28/2025 20130718 11 L7-VCV1-3 101-43000-226 PPE FOR NEW PERSON AND REPLACEMENT F Public Works Department 299.02 AMAZON CAPITAL SERVICE 07/28/2025 20130718 11N3-LHMV- 101-42110-228 FIREARMS SUPPLIES Police Department 177.73 AMAZON CAPITAL SERVICE 07/28/2025 20130718 11 N3-LHMV- 101-42110-439 MEETING SUPPLIES Police Department 16.18 AMAZON CAPITAL SERVICE 07/28/2025 20130718 11 N3-LHMV- 101-42110-240 CSO EQUIPMENT Police Department 26.99 AMAZON CAPITAL SERVICE 07/28/2025 20130718 1 FR9-K9T1-1 101-41900-201 RECYCLING WASTEBASKETS Central Services 31.64 AMAZON CAPITAL SERVICE 07/28/2025 20130718 1 FR9-K9T1-1 101-41900-201 COMPUTER MOUSE PADS Central Services 14.61 AMAZON CAPITAL SERVICE 07/28/2025 20130718 1 HP6-J79L-3 701-49800-221 EQUIPMENT PARTS RETURN Fleet Services 32.29- AMAZON CAPITAL SERVICE 07/28/2025 20130718 1JLR-1 VJH-3 710-49970-221 POLICE CELL PHONE ACCSESSORIES IT Services 51.95 AMAZON CAPITAL SERVICE 07/28/2025 20130718 1JLR-1VJH-3 710-49970-221 CITY PHONE HEASETS AND MICROPHONE STA IT Services 105.69 AMAZON CAPITAL SERVICE 07/28/2025 20130718 1VG9-MKDR 101-41900-201 NAME TAGS Central Services 149.96 AMAZON CAPITAL SERVICE 07/28/2025 20130718 1VG9-MKDR 101-41900-223 AIR FRESHENER Central Services 5.48 AMAZON CAPITAL SERVICE 07/28/2025 20130718 1VG9-MKDR 603-49500-489 LOCK FOR ORGANICS SITE Recycling 20.29 AMAZON CAPITAL SERVICE 07/28/2025 20130718 1VG9-MKDR 101-41900-223 LIGHT COVER FOR COPY ROOM Central Services 9.99 Total 20130718: 1,067.21 LOGIS-WIRE 07/28/2025 20130719 152302 710-49970-311 NETWORK SERVICES - 06/30/25 - SERVER MAIN IT Services 1,717.92 LOGIS-WIRE 07/28/2025 20130719 152376 101-42110-310 POLICE MOBILES Police Department 2,485.00 LOGIS-WIRE 07/28/2025 20130719 152376 101-42110-310 POLICE CAD Police Department 4,913.00 LOGIS-WIRE 07/28/2025 20130719 152376 101-42110-310 POLICE RECORDS Police Department 18,948.00 LOGIS-WIRE 07/28/2025 20130719 152376 710-49970-329 FIBER OPTIC SERVICES IT Services 600.00 LOGIS-WIRE 07/28/2025 20130719 152376 710-49970-329 INTERNET IT Services 1,986.00 LOGIS-WIRE 07/28/2025 20130719 152376 710-49970-311 HOSTED SERVER - OR WATCHGUARD IT Services 3,292.00 LOGIS-WIRE 07/28/2025 20130719 152376 710-49970-311 HOSTED SERVER - OR-AD01 IT Services 349.00 LOGIS-WIRE 07/28/2025 20130719 152376 710-49970-311 HOSTED SERVER - OR-AD02 IT Services 381.00 LOGIS-WIRE 07/28/2025 20130719 152376 710-49970-311 HOSTED SERVER - OR-APPS1 IT Services 1,030.00 LOGIS-WIRE 07/28/2025 20130719 152376 710-49970-311 HOSTED SERVER - OR-APPS2 IT Services 2,278.00 LOGIS-WIRE 07/28/2025 20130719 152376 710-49970-311 HOSTED SERVER - OR-FS1 IT Services 3,243.00 LOGIS-WIRE 07/28/2025 20130719 152376 710-49970-311 HOSTED SERVER - RELAY IT Services 340.00 LOGIS-WIRE 07/28/2025 20130719 152376 710-49970-311 HOSTED SERVER - OR-MAIL01 IT Services 690.00 LOGIS-WIRE 07/28/2025 20130719 152376 710-49970-311 HOSTED BACKUPS IT Services 4,464.00 LOGIS-WIRE 07/28/2025 20130719 152376 710-49970-311 HOSTED COMPLIANCE ARCHIVE IT Services 1,775.00 LOGIS-WIRE 07/28/2025 20130719 152376 710-49970-311 HOSTED WIRELESS NETWORK MGMT IT Services 882.00 24 City of Orono Check Register- COUNCIL REPORT Page: 16 Check Issue Dates: 7/15/2025 - 7/28/2025 Jul 23, 2025 02:59PM Payee Check Issue Date Check Number Invoice Number Invoice GLAccount Description Department LOGIS-WIRE 07/28/2025 20130719 152376 710-49970-311 HOSTED SERVER - OR -UTILITY IT Services LOGIS-WIRE 07/28/2025 20130719 153236 601-16500 FIBER SLICING FOR NORTH WATER PLANT Total 20130719: MEDSURETYLLC 07/28/2025 20130720 6.13.25-7.20. 101-21719 MFSA6.13.25-7.20.25 FUNDS Total 20130720: Grand Totals: Invoice Amount 660.00 2,933.00 25 AGENDA ITEM Date: July 28, 2025 Title: Accept a donation from the Minnetonka Beach Civic Association - Resolution 7598 Presenter: Correy Farniok, Police Chief Section: Consent Agenda Item: 3 Purpose: The purpose of this action item is to gain approval to accept a donation from the Minnetonka Beach Civic Association 2. Background: The Police Department has received a check in the amount of $100.00. The residents would like to thank the officers for attending the Summer Party 2025 event and greatly appreciate the dedication and all the great work done by the Orono Police Department. 3. Staff Recommendation: Recommend approval to accept the $100.00 donation. COUNCIL ACTION REQUESTED Motion for approval and the resolution to accept the $100.00 donation from the Minnetonka Beach Civic Association. Exhibits A. Resolution 7598 26 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7598 RESOLUTION ACCEPTING DONATION WHEREAS, the city of Orono is authorized by Minn. Stat. 465.03 to accept donations of property for the benefit of its people and is specifically authorized to accept gifts; and WHEREAS, the Minnetonka Beach Civic Association has made a donation to the Orono Police Department; and WHEREAS, the value of this donation is $100.00; and WHEREAS, the donation has been donated to Orono for the benefit of its residents; and WHEREAS, the City Council finds that it is appropriate to accept the donation. RESOLVED that the Orono City Council gratefully accepts the donation of a $100.00. FURTHER, police department staff will acknowledge receipt of the donation and express appreciation to the Minnetonka Beach Civic Association. Adopted by the City Council of Orono, Minnesota at a regular meeting held on July 28, 2025. ATTEST: CITY OF ORONO Christine Lusian, City Clerk Bob Tunheim, Mayor WA AGENDA ITEM Date: July 28, 2025 Title: Donation to Big Island Park - Resolution 7599 Presenter: Joe Ruthenberg, Superintendent - Parks, Facilities Section: Consent Agenda Item: 4 Purpose: The purpose of this agenda item is to accept a donation to be used towards the purchase of a tree to be planted at Big Island Park. 2. Background: The City has established a Park Donation Program to give individuals, families, and organizations the ability to enrich and grow our parks, trails and open spaces. As part of this program, the City has received a donation from Judy Anderson in the amount of $400. The donation is for the purchase of a tree to be planted at Big Island Park. By accepting this donation the City is agreeing to plant a tree at the specified location. Authority for cities to accept donation is granted by Minnesota Statute 465.03 which authorizes Minnesota cities to "accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor." All donations must be accepted by resolution with a 2/3 vote of the Council. 3. Staff Recommendation: Staff recommends acceptance of the donation and the planting of the tree at Big Island Park. COUNCIL ACTION REQUESTED Motion to accept the donation of $400 from Judy Anderson for the planting of a tree at Big Island Park. Exhibits A. Resolution 7599 28 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7599 A RESOLUTION ACCEPTING A DONATION WHEREAS, the city of Orono is authorized by Minn. Stat. 465.03 to accept donations of real and personal property for the benefit of its citizens and is specifically authorized to accept gifts; WHEREAS, Judy Anderson has offered to donate $400.00 to city of Orono for the purchase of a tree to be planted at Big Island Park; and WHEREAS, the donation is for the benefit of its residents; and WHEREAS, the City Council finds that it is appropriate to accept the donation. RESOLVED that the Orono City Council gratefully accepts the donation to be used by the city of Orono. FURTHER, staff will acknowledge receipt of the donation expressing appreciation. Adopted by the City Council of Orono, Minnesota at a regular meeting held April 28, 2025. ATTEST: CITY OF ORONO Christine Lusian, City Clerk Bob Tunheim, Mayor 29 AGENDA ITEM Date: July 28, 2025 Title: Hire Seasonal Employee Presenter: DJ Goman, Public Works Superintendent Section: Consent Agenda Purpose: The purpose of this agenda item is to gain approval to hire a seasonal employee. Item: 5 2. Background: The City hires seasonal employees to accomplish a variety of tasks. The hourly pay is proposed to be $14.50-$17.50 for the Golf Course Clubhouse Attendants and Brush Site Attendants; $14.50- $18.50 for Parks/Golf Course Maintenance Employees and Public Works Maintenance Workers. Seasonal employees fall under the 6-month PERA Classification and are therefore excluded from PERA membership. 3. Seasonal Employee Appointments and Candidates: Seasonal Employee Appointment and Candidates Name jPosition lWage (Per Hour) lRemarks Zaccheaus Gilbertson ISeasonal Public Works 1$17.00 INew Hire COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employee listed in the table above. 30 AGENDA ITEM Date: July 28, 2025 Title: Appoint Interim Deputy Fire Chief Presenter: Shea Chwialkowski, Interm Fire Chief Section: Consent Agenda Item: 6 Purpose: The purpose of this council action is to approve the appointment of Thomas Flermoen to the position of Interim Deputy Fire Chief for the Orono Fire Department. 2. Background: With the May 2025 reorganization of the Orono Fire Department resulted in a vacancy at the Deputy Chief level. Since that time, Fire Captain Thomas Flermoen has effectively assumed many of the responsibilities associated with the role. Thomas brings over 18 years of fire service experience and possesses the education and certifications necessary to serve as Interim Deputy Fire Chief with competence and professionalism. 3. Staff Recommendation: Staff recommends that the City Council approve the appointment of Thomas Flermoen as Interim Deputy Fire Chief of the Orono Fire Department. COUNCIL ACTION REQUESTED Motion to approve the appointment of Thomas Flermoen to the position of Interim Deputy Fire Chief for the Orono Fire Department, effective July 29, 2025, at an hourly rate of $25.00. 31 AGENDA ITEM Date: July 28, 2025 Title: Summary Ordinance Publications, Ordinance 314 & 315 Presenter: Laura Oakden, Community Development Director Section: Consent Agenda Purpose: Adopt summary Ordinances 314 and & 315 for publication. Item: 7 2. Background: The City Council adopted two new ordinances at the July 14, 2025 City Council Meeting (Agenda Items 16 and 17) (Video). The full text ordinances were included in the council packet and approved by the City Council: 1. LA25-000088, Text Amendment: Section 78-823 Garage Condo Standards, Ordinance 314 2. LA25-000014, Text Amendment: Chapter 78 Animals, Ordinance 315 Once an ordinance is adopted by the City Council, it must be published in the official news paper (Laker Pioneer) before it is instituted into the City Code and applied. MN State Statue allows the City to publish a summary ordinance so lengthy ordinances do not need to be published in their entirety. A 4/5th vote by the Council is required to publish a summary ordinance. Only 3 members of the City Council were present at the July 14th City Council meeting, not meeting the 4/5th requirement. 3. Staff Recommendation: Staff recommends approval of the summary ordinances COUNCIL ACTION REQUESTED Motion to approve summary Ordinances 314 & 315 for publication. Exhibits A. Summary Publication, Ord 314, Garage Condo Parking B. Summary Publication, Ord 315, Animals 32 SUMMARY PUBLICATION ORDINANCE 314 CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE UPDATING GARAGE CONDO USE The City Council of Orono, Minnesota updated garage condo parking and accessibility regulations on July 14, 2025. The complete text of this ordinance is available at city hall or oronomn. gov. CITY OF ORONO /s/Bob Tunheim, Mayor Attest: /s/Christine Lusian, City Clerk 33 SUMMARY PUBLICATION ORDINANCE 315 CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 78 REGARDING THE KEEPING OF FARM ANIMALS The City Council of Orono, Minnesota, amended City Code Chapter 78 regarding the definitions of animals and the keeping of farm animals on July 14, 2025. The complete text of this ordinance is available at City Hall or oronomn.gov. CITY OF ORONO /s/Bob Tunheim, Mayor Attest: /s/Christine Lusian, City Clerk 34 AGENDA ITEM Date: July 28, 2025 Title: LA25-000028, City Code Recodification, Ordinance 312 Presenter: Christine Lusian, City Clerk Section: Consent Agenda Purpose: Review and adopt the updated city code. Item: 8 2. Background: A well -organized and regularly updated city code ensures that the City of Orono's local laws remain clear, consistent, enforceable, and aligned with state and federal regulations. This helps the city run smoothly, supporting efficient governance and the well-being of the community. It is best practice to perform a full legal review and update of the code every 10 to 15 years. In 2021, the city council directed staff to take a fresh look at the city code and make updates. The city clerk led the project with staff and partnered with CivicPlus Municode to conduct a detailed, chapter -by -chapter review of the entire city code. In 2022, CivicPlus code attorneys completed their legal review of our code and provided recommendations to staff for review. In 2023, staff and city attorney prepared draft updates and presented these to council and commissions as needed. In 2024, staff consolidated the updates and provided them to CivicPlus for implementation. In 2025, CivicPlus performed final quality control, processed the tables and index, and shipped the code books for review and adoption. Planning Commission held a public hearing at the July 21 planning commission meeting. 3. Cost: The legal review was $8,400 and implementation was $16,240. There was also pay supplement costs of $22 per page, which are individual immediate updates made to the code in between each full update every 10-15 years. The annual cost to display the City code online is about $950. 4. Process: Planning Commission held a public hearing on July 21, 2025. No public comments were made. The Commission reviewed the Land Use Chapter and made a unanimous recommendation for approval. (PC Packet, Video) If the City Council adopts the new code, staff will publish the summary in the August 9 newspaper and the new city code becomes effective. 5. Staff Recommendation: Staff recommends council 1) adopt the code and 2) approve the summary. COUNCIL ACTION REQUESTED Motion to adopt Ordinance 312 with the summary publication for the City Code Recodification. Exhibits A. City Code - Updated 2025 35 B. Contract - legal review C. Contract - implementation D. Ord 312 City Code Update E. Ord 312 City Code Update - summary 36 ti ORONO, MINNESOTA CITY CODE Published in 2025 by Order of the City Council POWERED By CIVICPLUS' info@mtjnicode.com 1 800.262.2633 1 www.municode.com P.O. Box 2235 Tallahassee, FL 32316 Co M M M CODE INDEX Section Section A ADMINISTRATION (Cont'd.) ABANDONMENT Streets, sidewalks and other public Environment places Abandoning amotor vehicle ....... 5.24.040 Public lakeshore, lakeshore rights - Streets, sidewalks and other public of -way and docks ............. 3.04.880 places Subdivision regulations .............. 6.20.210 et seq. Right -of --way management See: SUBDIVISION REGULATIONS Abandoned and unusable facili- Traffic and vehicles .................. 5.32.110 et seq. ties ....................... 3.04.610 See: TRAFFIC AND VEHICLES Utilities Utilities City utilities City utilities Water service Storm sewer system Abandoned services penalties. 2.04.610 Stormwater illicit discharge andillicit connection ........ 2.04.1330 ABATEMENT Zoning regulations ................... 6.12.210 et seq. Offenses and miscellaneous provisions See: ZONING REGULATIONS Abatement procedure .............. 5.36.050 ADVERTISING ACCESS Parks and recreation Environment Public conduct in parks and public On -site sewage disposal swimming areas Construction inspections Sales, advertisements........... 3.08.260 Access to premises and records 5.24.350 Traffic and vehicles Subdivision regulations Stopping, standing and parking Design standards and required Parking for the purpose of improvements advertising or selling Lots merchandise .............. 5.32.320 Double -frontage lots, access to AGRICULTURE lots, and front/back lot Zoning regulations divisions ................ 6.20.1060 Shoreland management Zoning regulations ................... 6.12.4420 et seq. Shoreland Overlay District See: ZONING REGULATIONS standards ADMINISTRATION Agricultural use standards ... 6.12.6350 Animals ............................. 5.28.210 et seq. AIRPORTS AND AIRCRAFT See: ANIMALS Parks and recreation Boards and commissions ............. 1.08.710 et seq. Public conduct in parks and public See: BOARDS AND COMMISSIONS swimming areas Buildings and building regulations Operation of model airplanes.... 3.08.290 Building code Application, administration and ALARM SYSTEMS enforcement ............... 6.24.140 Emergency services.................. 5.04.210 et seq. City administrator ................... 1.08.310 et seq. See: EMERGENCY SERVICES See: CITY ADMINISTRATOR ALCOHOLIC BEVERAGES City council ......................... 1.08.110 et seq. Adoption of state law ................ 4.16.010 See: CITY COUNCIL Definitions .......................... 4.16.020 Departments ........................ 1.08.410 et seq. Licensing See: DEPARTMENTS Application fee .................... 4.16.130 Disposal of unclaimed property....... 1.08.030 Application ....................... 4.16.120 Environment Duplicate licenses ................. 4.16.230 On -site sewage disposal Financial responsibility of licensees; Administration by the health proof ........................ 4.16.190 authority .................. 5.24.150 Investigation and issuance ........ 4.16.140 Finance ............................. 1.08.610 et seq. License limited to space specified; See: FINANCE inspection ................... 4.16.170 Issuance of citations ................. 1.08.020 Location restrictions for off -sale Officers and employees .............. 1.08.210 et seq. liquor licenses; maximum See: OFFICERS AND EMPLOYEES number of off -sale liquor Rules of procedure for appeals and licenses ...................... 4.16.150 other hearings .................. 1.08.010 Posting........................... 4.16.220 CDi: l 0 It ORONO CODE Section Section ALCOHOLIC BEVERAGES (Cont'd.) ANIMALS (Cont'd.) Renewal .......................... 4.16.200 Permit fee...................... 5.28.850 Required ......................... 4.16,110 Required....................... 5.28.810 Resident manager or agent ........ 4,16.180 Definitions .......................... 5.28.010 Revocation or suspension of licenses 4.16.240 Dogs and cats Temporary licenses ................ 4.16.160 Defecating on property of another Transfer .......................... 4.16.210 prohibited ................... 5.28.450 Offenses and miscellaneous provisions 5.36.1010 et seq. Definitions ....................... 5.28.410 See: OFFENSES AND MISCEL- Kennels LANEOUS PROVISIONS Definitions ..................... 5.28.610 One -day permits ..................... 4,16.030 License Operational restrictions and require- Commercial kennel license ments standards and require - General responsibility ............. 4.16.310 ments.................. 5.28.740 Hours and days of sale ............ 4.16.330 License period ............... 5.28.750 Nudity or obscenity prohibited ..... 4.16.360 Required .................... 5.28.710 Restrictions on activities when sales Residential kennel license not permitted ................ 4.16.340 standards and require - Sale in hotel guest rooms.......... 4.16.350 ments.................. 5.28.730 Zoning requirements .............. 4.16.320 Standards................... 5.28.720 Parks and recreation Owning dangerous dogs ........... 5.28.420 Public conduct in parks and public Running at large prohibited ....... 5.28.440 swimming areas Warning of vicious dogs ........... 5.28.430 Use of alcohol .................. 3.08.310 Feeding of waterfowl................. 5.28.080 Interference with officers prohibited .. 5.28.020 AMUSEMENTS AND ENTERTAIN- Keeping ............................. 5.28.030 MENTS Noise ............................... 5.28.100 Bingo and other legalized gambling Offenses and miscellaneous provisions State law adopted by reference..... 4.20.110 Offenses involving public safety Mechanical amusement devices Animal trapping 5.36.210 Definitions•••••••••••••••••�••••� 4.20.210 Parks and recreation License required .................. 4.20.220 Public conduct in parks and public Unlawful use and devices.......... 4.20.230 swimming areas Shows and similar performances Animal regulations ............. 3.08.300 Exceptions ........................ 4.20.310 Regulation of horses................. 5.28,070 License Trespasses .......................... 5.28.060 Investigation fee ................ 4.20.430 Required ....................... 4.20.410 ANNEXATIONS Requirements .................. 4.20,420 Zoning regulations Maximum size .................... 4.20,320 Floodplain management Obscenity prohibited .............. 4.20.350 Statutory authorization, findings Overnight camping ................ 4.20.330 of fact and purpose ........ 6.12.4700 Permitted area .................... 4.20.340 Zoning districts established; zoning map ......................... 6.12.860 ANIMALS Administration and enforcement APPEALS Immobilization of animals ......... 5.28.210 Administration Impoundment Rules of procedure for appeals and Animal pound .................. 5.28.310 other hearings ............... 1.08.010 Biting animals ................. 5.28.320 City council Notice of impounding ........... 5.28.330 Right to administrative appeal..... 1,08.160 Release from animal pound ..... 5.28.340 Streets, sidewalks and other public Animal housing; rodent and pest infesta- places tion ............................ 5.28.050 Right-of-way management Animal limits ....................... 5.28.090 Appeal......................... 3.04.620 Animals in transit ................... 5.28.040 Subdivision regulations Dangerous animals Administration and enforcement ... 6.20.250 Permit Utilities Exception ...................... 5.28.820 City utilities Grounds for granting of permit.. 5.28.830 Sewers and sewage disposal Investigation required .......... 5.28.840 Discharge restrictions .... • ... 2.04.860 CDi:2 CODE INDEX Section Section APPEALS (Cont'd.) BOATS, DOCKS AND WATERWAYS Zoning regulations ................... 6.12.410 et seq. (Cont'd.) See: ZONING REGULATIONS Streets, sidewalks and other public ARCHITECTURE places .......................... 3.04.810 et seq. See: STREETS, SIDEWALKS AND Zoning regulations ................... 6.12.3160(15) OTHER PUBLIC PLACES See: ZONING REGULATIONS et seq. Waterways .......................... 6.28.010 et seq. See: WATERWAYS AREA Zoning regulations ................... 6.12.7820(4) Amusements and entertainments et seq. Shows and similar performances See: ZONING REGULATIONS Permitted area ................. 4.20.340 BONDS, SURETY OR PERFORMANCE Parks and recreation ................. 3.08.210 et seq. Temporary short-term merchants See: PARKS AND RECREATION License Subdivision regulations Bond ........................... 4.08.140 Design standards and required improvements BOUNDARIES Lots Subdivision regulations Lot area, minimum ........... 6.20.1040 Design standards and required Zoning regulations ................... 6.12.540 et seq. improvements Subdivisions straddling municipal See: ZONING REGULATIONS and school district boundar- ASSEMBLIES ies ........................ 6.20.860 Offenses and miscellaneous provisions Zoning regulations ................... 6.12.840 et seq. Offenses involving public peace and See: ZONING REGULATIONS order BRIDGES AND CULVERTS Disturbing lawful assembly, meet- Zoning regulations ................... 6.12.5310 et seq. ing prohibited ............. 5.36.710 See: ZONING REGULATIONS BUILDINGS AND BUILDING REGULA- B TIONS BICYCLES Building code Parks and recreation Application, administration and Public conduct in parks and public enforcement ................. Building code optional chapters .... 6.24.140 6.24.170 swimming areas Codes adopted by reference ........ 6.24.130 Riding bicycles, nonmotorized Construction permit vehicles ................... 3.08.280 Contractor licensing requirements 6.24.240 Traffic and vehicles .................. 5.32.410 et seq. Limitations .................... 6.24.220 See: TRAFFIC AND VEHICLES Permit application; information BOARDS AND COMMISSIONS required .................. 6.24.230 Appointments; removal .............. 1.08.710 Permit expiration ............... 6.24.250 Parks and recreation ................. 3.08.110 et seq. Required ....................... Correction of violations required ... 6.24.210 6.24.110 See: PARKS AND RECREATION Permits and fees .................. 6.24.150 Planning commission ................ 6.04.010 et seq. Unlawful acts..................... 6.24.120 See: PLANNING COMMISSION Violations and penalties ........... 6.24.160 Subdivision regulations Clean fill ............................ 6.24.030 Plat approval process Damaged buildings .................. 6.24.050 Preliminary plat Parks and recreation Planning commission review of Public conduct in parks and public the preliminary plat..... 6.20.440 swimming areas Zoning regulations ................... 6.12.410 et seq. Building fires .................. 3.08.320 See: ZONING REGULATIONS Permit to use public property ........ 6.24.020 Permits and special requirements for BOATS, DOCKS AND WATERWAYS moving buildings ............... 6.24.010 Parks and recreation Subdivision regulations Public conduct in parks and public Administration and enforcement swimming areas Issuance of building permits and City docks ...................... 3.08.360 certificates of occupancy ... 6.20.240 CDi:3 N It ORONO CODE Section BUILDINGS AND BUILDING REGULA- TIONS (Cont'd.) Vacant buildings ..................... 6.24.040 Zoning regulations ................... 6.12.250 et seq. See: ZONING REGULATIONS BUSINESSES Alcoholic beverages .................. See: ALCOHOLIC BEVERAGES Amusements and entertainments..... See: AMUSEMENTS AND ENTERTAINMENTS Business licenses Action on application, transfer, termination and duplicate license ....................... Applications ...................... Carrying or posting ............... Conditional licenses ............... Definitions ....................... Insurance requirements ........... License denial and fixing rates; hear- ing.......................... License fees ...................... Moral character ................... Penalty for property owner ........ Renewal of licenses ............... Responsibility of licensee .......... Health and sanitation Tobacco Dealer's license Movable place of business .... Home occupations License........................... Massage therapy centers ............. See: MASSAGE THERAPY CENTERS Offenses and miscellaneous provisions Offenses involving public morals Controlled substances Excepted lawful businesses and professions ............. Rental licensing Definitions ....................... Disorderly use by tenants ......... Exceptions ........................ Inspections ....................... License required .................. License suspension, revocation, and nonrenewal.................. Penalties ......................... Purpose .......................... Short-term rentals prohibited..... . Streets, sidewalks and other public places Construction, repair and improve- ment of public ways Business driveways, approaches and turnarounds .......... 4.16.010 et seq. 4.20.110 et seq. 4.04.130 4.04.120 4.04,160 4.04.190 4.04.110 4.04.220 4.04.210 4.04.150 4.04.140 4.04.170 4,04.200 4.04.180 5.12.350 4.04.310 4.12.010 et seq. 5.36.940 4.04.420 4.04.480 4.04.440 4.04.460 4.04.430 4.04.450 4.04.490 4.04.410 4.04.470 BUSINESSES (Cont'd.) Temporary short-term merchants.... . See: TEMPORARY SHORT-TERM MERCHANTS Traffic and vehicles Bicycles Riding in business districts ..... Zoning regulations ................... See: ZONING REGULATIONS C CERTIFICATES, CERTIFICATION Subdivision regulations .............. See: SUBDIVISION REGULATIONS Temporary short-term merchants License Certificate ..................... Utilities ............................. See: UTILITIES Zoning regulations ................... See: ZONING REGULATIONS CITY ADMINISTRATOR Acting administrator ................ Appointment and removal........... . Deputy city clerk .................... Duties.............................. General supervisory capacity........ . Position established ................. Qualifications ....................... Zoning regulations Floodplain management Administration ................. CITY CLERK City administrator Deputy city clerk .................. CITY COUNCIL City council composition and action.. . Council meetings .................... Council procedure at regular meetings Right to administrative appeal ....... Salaries of mayor and councilmembers Terms of office ....................... CODE OF ORDINANCES* Administration ...................... See: ADMINISTRATION Amendments to Code effect of new ordinances; amendatory language Catchlines of sections; history notes references ...................... Section 4.08.010 et seq. 5.32.440 6.12.3230(1) et seq. 6.20.240 et seq. 4.08.190 2.04.850 et seq. 6.12,260 et seq. 1.08.370 1.08.320 1.08.340 1.08.350 1.08.360 1.08.310 1.08.330 6.12.5510 1.08.340 1.08.120 1.08.140 1.08.150 1.08.160 1.08.130 1.08.110 1.08.010 et seq. 1.04.060 1.04.040 *Note —The adoption, amendment, repeal, omissions, effec- tive date, explanation of numbering system and other mat- ters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this 3.04.340 volume. CDi:4 M Re CODE INDEX Section CODE OF ORDINANCES (Cont'd.) Certain ordinances not affected by Code 1.04.120 Code does not affect prior offenses or rights .......................... 1.04.110 Computation of time ................. 1.04.030 Definitions and rules of construction.. 1.04.020 Effect of repeal or amendment of ordinances ..................... 1.04.050 Elections ............................ 1.12.010 et seq. See: ELECTIONS General penalty; continuing violations 1.04.080 How Code designated and cited....... 1.04.010 Provisions deemed continuation of exist- ing ordinances .................. 1.04.100 Severability ......................... 1.04.090 Special assessments ................. 1.16.010 et seq. See: SPECIAL ASSESSMENTS Supplementation of Code ............. 1.04.070 CONDITIONAL USES Zoning regulations ................... 6.12.1030 et seq. See: ZONING REGULATIONS CONFISCATION Offenses and miscellaneous provisions Offenses involving public morals Controlled substances Confiscation and disposition.. 5.36.930 Offenses involving public safety Weapons and explosives......... 5.36.330 CONSTRUCTION SITE RUNOFF CONTROL Application procedures ............... Completion of work .................. Definitions .......................... Emergency corrective action......... . Findings ............................ Intent............................... Minimum SWPPP best management practices (BMPs) ............... Other controls ....................... Penalties ............................ Permit and SWPPP required ......... Purpose ............................. Severability ......................... Statutory authorization .............. Stormwater pollution prevention plan review process .................. CONTRACTS AND AGREEMENTS Buildings and building regulations Building code Construction permit Contractor licensing require- ments .................. Utilities Contractual contents .............. 6.16.070 6.16.100 6.16.050 6,16.110 6.16.030 6.16.010 6.16.090 6.16.130 6.16.120 6.16.060 6.16.040 6.16.140 6.16.020 6.16.080 6.24.240 2.04.020 CDi:5 Section CONTRACTS AND AGREEMENTS (Cont'd.) Zoning regulations District regulations RPUD Residential Planned Unit Development District Review of application; procedures Development agreement/ financial guarantee ... 6.12.3170(c) Highway 12 Corridor Study Area Special requirements for rezon- ing Requirement of development agreement .............. 6.12.4470 CONTROLLED SUBSTANCES Offenses and miscellaneous provisions 5.36.910 et seq. See: OFFENSES AND MISCEL- LANEOUS PROVISIONS CURBS AND GUTTERS Zoning regulations ...................6.12.35700) et seq. See: ZONING REGULATIONS CURFEW Offenses and miscellaneous provisions 5.36.1110 et seq. See: OFFENSES AND MISCEL- LANEOUS PROVISIONS DAMAGE, DEFACEMENT, DESTRUC- TION, INJURY, ETC. Buildings and building regulations Damaged buildings ................ Emergency services Emergency management City not liable for damage from emergency activities; rights not affected ............... Offenses and miscellaneous provisions Offenses involving property rights Defacement of property ......... Parks and recreation Public conduct in parks and public swimming areas Damage to, theft of equipment, objects .................... Streets, sidewalks and other public places Right-of-way management Damage to other facilities ....... Utilities City utilities Damage to municipal utility equip- ment ...................... Zoning regulations Supplementary requirements and restrictions Sign code 6.24.050 5.04.170 5.36.130 3.08.250 3.04.580 2.04.260 14 14 ORONO CODE Section DAMAGE, DEFACEMENT, DESTRUC- TION, INJURY, ETC. (Cont'd.) Nonconforming signs Nonconforming sign dam- aged or destroyed..... 6.12.7300(3) DENSITY Zoning regulations ................... 6.12.1640 et seq. See: ZONING REGULATIONS DEPARTMENTS Administrative department .......... City departments established ........ Community development department. Department heads ................... Engineering department ............. Finance department ................. Fire department ..................... Legal department ................... Parks department ................... Police department ................... Public works department ............ DEVELOPMENT COSTS, ESCROWS Reimbursement Application deposit required ....... Collection of unpaid service charges/ costs ........................ Construction deposit required..... . Definitions ....................... Escrow fund not to draw interest . . Rates established ................. Refund of unexpended balance ..... Regular billing statements of expenditures required ........ Reimbursement of escrow fund.... . Reimbursement required .......... DISABLED OR HANDICAPPED PERSONS Traffic and vehicles Stopping, standing and parking Physically handicapped parking. Zoning regulations Supplementary requirements and restrictions Home occupations Reasonable accommodation for disabled persons........ DISTRICTS Subdivision regulations Design standards and required improvements Subdivisions straddling municipal and school district boundar- ies........................ Traffic and vehicles Bicycles Riding in business districts ..... Zoning regulations ................... See: ZONING REGULATIONS 1.08.500 1.08.410 1,08.490 1.08.420 1.08.510 1.08.440 1.08.460 1.08.430 1.08,480 1.08.450 1.08.470 6.08.030 6.08.100 6.08.040 6.08.010 6.08.080 6.08.090 6.08.070 6.08.050 6.08.060 6.08,020 5.32.300 6.12.6810(f) DRAINAGE Environment Maintenance of drainage systems; interference with drainage; permit for drainage systems . . Subdivision regulations Design standards and required improvements Drainage and storm sewers ..... Utilities ............................. See: UTILITIES Zoning regulations ................... See: ZONING REGULATIONS DRIVEWAYS Streets, sidewalks and other public places Construction, repair and improve- ment of public ways Business driveways, approaches and turnarounds .......... Residential driveway connections, approaches and turnaround Zoning regulations ................... See: ZONING REGULATIONS E EASEMENTS Streets, sidewalks and other public places Encroachment in public easements. Zoning regulations District regulations RS Seasonal Recreational District Easement for non -riparian lake access .................. ELECTIONS Date of election ...................... Definitions .......................... Special election timing ............... Streets, sidewalks and other public places Right-of-way management Election to manage the public right-of-way ............... Section 5.24.020 6.20.900 2.04.1010 et seq. 6.12.3260(h) et seq. 3.04.340 3.04.330 6.12.6270 et seq. 3.04.090 6.12,2090 1.12.010 1.12.020 1.12.030 3.04.410 ELECTRICITY Zoning regulations Supplementary requirements and restrictions Performance standards Radiation, electrical disturbance ............. 6.12.7860 6,20.860 EMERGENCIES Construction site runoff control 5.32.440 Emergency corrective action ....... 6.16.110 6.12.810 et seq. Emergency services .................. 5.04.110 et seq. See: EMERGENCY SERVICES CDi:6 14 CODE INDEX Section Section EMERGENCIES (Cont'd.) ENVIRONMENT (Cont'd.) Environment Powers and duties of noise control Noise officer ....................... 5.24.1030 Exception for emergencies....... 5.24.1070 Prohibited noises .................. 5.24.1050 Officers and employees On -site sewage disposal Interim emergency succession ..... 1.08.210 Additional standards for health and Traffic and vehicles environmental protection Stopping, standing and parking Maintenance report ............. 5.24.630 Emergency parking ............. 5.32.270 Property transaction standards for Utilities individual sewage treatment City utilities systems ................... 5.24.610 Water service Siting of an SSTS .............. 5.24.620 Water emergencies ........... 2.04.570 Special provisions for Lake Min - EMERGENCY SERVICES netonka Islands ........... 5.24.640 Alarm systems Administration by the health author - Alarm report ...................... 5.04.250 ity .............,,,,,,,,,,,,, 5.24.150 Confidentiality .................... 5.04.20 Construction inspections Definitions ....................... 5.04.210 Access to premises and records .. 5.24.350 Payment of fees ................... 5.04.240 As -bunts....................... 5.24.370 Purpose and scope ................ 5.04.220 Inspection reports .............. 5.24.3 User fee .................... 5.04.230 Inspector....................... 5.24.380 0 Emergency management many Request for inspection .......... 5.24.340 City not liable for damage from Requirements .................. 5.24.310 emergency activities; rights not Stop work orders ............... 5.24. 3 60 affected ...................... 5.04.170 Definitions ....................... 5.24. 0 Definitions ....................... 5.04.110 Enforcement Emergency regulations ............ 5.04.160 Other remedies................. 5.24.720 Establishment of an emergency Violation, false statement ....... 5.24.70 management organization .... 5.04.130 Existing systems Local emergencies ................. 5.04.150 Inspection reports .............. 5.24.440 Mutual aid ....................... 5.04.190 Inspector....................... 5.24.40 Participation i.. labor dispute or Requirements .................. 5.24.410 politics ...................... 5.04.180 Vertical separation ............. 5.24.430 Policy and purpose ................ 5.04.120 Fees Powers and duties of the director .. 5.04.140 Collection for activities undertaken by health authority ........ 5.24.810 ENGINEERING Incorporation by reference ......... 5.24.140 Departments No guarantee ..................... 5.24.160 Engineering department........... 1.08.510 Objectives ........................ 5.24.120 Permitting ENTRY Application review and determina- Utilities tion....................... 5.24.270 City utilities Compliance monitoring ......... 5.24.250 Right of entry .................. 2.04.230 License requirements........... 5.24.260 ENVIRONMENT Operating permit ............... 5.24.240 Abandoning a motor vehicle.......... 5.24.040 Periodically saturated soil Junk cars, furniture, household furnish- disagreements ............. 5.24.290 ings and appliances stored on Permit application .............. 5.24.230 public or private property ....... 5.24.030 Permits not required............ 5.24,220 Maintenance of drainage systems; Required permits ............... 5.24,210 interference with drainage; permit Variances ...................... 5.24.280 for drainage systems............ 5.24.020 Purpose .......................... 5.24.110 Maintenance of private property...... 5.24.010 Severability Noise Invalidity; continued enforcement 5.24.910 Definitions ....................... 5.24.1010 Violations Enforcement and penalties ........ 5.24.1020 Cause to issue a notice of viola - Exception for emergencies ......... 5.24.1070 tion....................... 5.24.510 General noise standards........... 5.24.1040 Contents of a notice of violation . 5.24.530 Hourly restriction for certain opera- Notification of MPCA ........... 5.24.540 tions ........................ 5.24.1060 Serving a notice of violation..... 5.24.520 CDO W It ORONO CODE Section Section ENVIRONMENT (Cont'd.) FEES, CHARGES AND RATES (Cont'd.) Open burning Businesses Burning ban or air quality alert ... 5.24.1130 Business licenses Definitions ....................... 5.24.1110 License denial and fixing rates; Hours for burning permitted....... 5.24.1170 hearing ................... 4.04.210 Liability .......................... 5.24.1150 License fees.................... 4.04.150 Permit Development costs, escrows Application; fees ................ 5.24.1220 Reimbursement Denial ......................... 5.24.1240 Collection of unpaid service Grounds for issuance ........... 5.24.1250 charges/costs .............. 6.08.100 Permit holder responsibility..... 5.24.1270 Rates established ............... 6.08.090 Permit process for open burning. 5.24.1230 Emergency services Required ....................... 5.24.1210 Alarm systems Revocation ..................... 5.24.1280 Payment of fees ................ 5.04.240 Time period for permits ......... 5.24.1260 Environment Prohibited materials .............. 5.24.1160 On -site sewage disposal Purpose .......................... 5.24.1120 Fees Reference ......................... 5.24.1140 Collection for activities undertaken by health EXCAVATIONS authority 5.24.810 Streets, sidewalks and other public Open burning places Permit Right-of-way management Application; fees ............. 5.24.1220 Pre -excavation facilities location. 3,04.570 Finance Fees to be established by resolution; EXPLOSIVES effect of absence of resolution. 1.08.610 Fire prevention and protection Fire prevention and protection Fire prevention and fire safety Fire prevention and fire safety standards standards Uniform fire code Permits and fees ................ 5.08.130 Amendments Health and sanitation Restrictions on explosive and Tobacco blasting agent storage 5.08.220(3) Dealer's license Offenses and miscellaneous provisions 5.36.310 et seq. Fees 5.12.360 See: OFFENSES AND MISCEL- ......................... Offenses and miscellaneous provisions LANEOUS PROVISIONS Offenses involving public safety Zoning regulations Weapons and explosives Supplementary requirements and Permits restrictions Fees, revocation ........... 5.36.580 Performance standards ......... 6.12.7790 Solid waste Private collectors F License Vehicles; insurance; limitation FALSE STATEMENTS on number; rates........ 5.20.320 Environment Streets, sidewalks and other public On -site sewage disposal places Enforcement Right-of-way management Violation, false statement .... 5.24.710 Permit fees ..................... 3.04.460 FARMING, FARMS Subdivision regulations Zoning regulations Administration and enforcement Administration and enforcement Fees for subdivision applications 6.20.220 Nonconforming uses and related Traffic and vehicles matters Special events Farming 6.12.340 Fees ........................... 5.32.720 Utilities ............................. 2.04.520 et seq. FEES, CHARGES AND RATES See: UTILITIES Buildings and building regulations Zoning regulations Building code Administration and enforcement Permits and fees ................ 6.24.150 Fees for zoning applications..... 6.12.220 r ti Re CODE INDEX Section Section FEES, CHARGES AND RATES (Cont'd.) FIRE DEPARTMENT Supplementary requirements and Departments restrictions Fire department .................. 1.08.460 Sign code Fees ......................... 6.12.7190 FIRE PREVENTION AND PROTEC- TION FENCES, WALLS, HEDGES AND Departments ENCLOSURES Fire department .................. 1.08.460 Zoning regulations ................... 6.12.6240(5) Environment........................ 5.24.1110 et seq. et seq. See: ENVIRONMENT See: ZONING REGULATIONS Fire prevention and fire safety standards FINANCE Definitions ....................... 5.08.110 Departments Enforcement ...................... 5.08.120 Finance department ............... 1.08.440 Fire lanes Disposal of excess property........... 1.08.620 Established .................... 5.08.310 Fees to be established by resolution; Fire lane signs and marking .... 5.08.330 effect of absence of resolution ... 1.08.610 Maintenance ................... 5.08.340 FINES, FORFEITURES AND OTHER Obstructing .................... 5.08.350 PENALTIES Standards ...................... 5.08.320 Buildings and building regulations Permits and fees .................. 5.08.130 Building code Required water supply; new construc- Violations and penalties ........ 6.24.160 tion ......................... 5.08.140 Businesses Uniform fire code Business licenses Adopted ........................ 5.08.210 Penalty for property owner...... 4.04.170 Amendments ................... 5.08.220 Restrictions on explosive and Rental licensing blasting agent storage... 5.08.220(3) Penalties ....................... 4.04.490 Restrictions on flammable or Code of ordinances combustible liquid stor- General penalty; continuing viola- age ..................... 5.08.220(1) tions ........................ 1.04.080 Restrictions on liquefied Construction site runoff control petroleum gas storage ... 5.08.220(2) Penalties ......................... 6.16.120 New materials.................. 5.08.230 Environment Solid waste Noise Storage and disposal Enforcement and penalties ...... 5.24.1020 Fire danger .................... 5.20.140 Health and sanitation Utilities Tobacco City utilities Penalties ....................... 5.12.130 Water service Offenses and miscellaneous provisions Private fire protection systems 2.04.590 Juvenile curfew Zoning regulations Penalty ........................ 5.36.1130 District regulations Sexual predator residency restric- RS Seasonal Recreational District tions Building construction standards Residency prohibition; penalties; Additional fire protection exception .................. 5.36.1230 system requirements.. 6.12.2030(6) Traffic and vehicles .................. 5.32.820 et seq. Open burning prohibited ..... 6.12.2060 See: TRAFFIC AND VEHICLES Utilities FIREARMS AND WEAPONS City utilities Offenses and miscellaneous provisions 5.36.320 et seq. Water service See: OFFENSES AND MISCEL- Abandoned services penalties. 2.04.610 LANEOUS PROVISIONS Waterways Regulation of watercraft on Long FIREWORKS Lake Offenses and miscellaneous provisions Penalties ....................... 6.28.350 Offenses involving public safety Zoning regulations ................... 6.12.5710 et seq. Weapons and explosives See: ZONING REGULATIONS Possession and sale of fireworks 5.36.340 CDi:9 00 It FIREWORKS (Cont'd.) Parks and recreation Public conduct in parks and public swimming areas Discharging fireworks .......... FLOODS AND FLOODING Zoning regulations ................... See: ZONING REGULATIONS ORONO CODE Section HEALTH AND SANITATION (Cont'd.) Violations ........................ Zoning regulations District regulations 3,08,330 RS Seasonal Recreational District Garbage removal and sanita- tion.................... 6.12.4510 et seq. FRANCHISES Streets, sidewalks and other public places .......................... 3.04.210 et seq. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES G GRADES, GRADING HEARINGS Administration Rules of procedure for appeals and other hearings ............... Businesses Business licenses License denial and fixing rates; hearing ................... Zoning regulations ................... See: ZONING REGULATIONS Section 5.12.120 6.12.2050 1.08.010 4,04.210 6.12.280 et seq. Subdivision regulations HISTORICAL PRESERVATION Design standards and required Zoning regulations improvements District regulations Lots RPUD Residential Planned Unit Soil preservation, grading and Development District seeding ................. 6.20.1070 Lighting Zoning regulations ................... 6.12.3960(k) Architectural/historicallight et seq. fixtures .............. 6.12.4000(3) See: ZONING REGULATIONS Shoreland management Shoreland Overlay District H standards Significant historic sites ...... 6.12.6400 HEALTH AND SANITATION Environment ........................ 5.24.150 et seq. HOTELS AND MOTELS See: ENVIRONMENT Alcoholic beverages Tobacco Operational restrictions and require - Billboards ........................ 5.12.160 ments Dealer's license Sale in hotel guest rooms ....... 4.16.350 Action ......................... 5.12.330 HOURS Application ..................... 5.12.320 Alcoholic beverages Basis for denial of license ....... 5.12.340 Operational restrictions and require - Compliance checks and inspec- ments tions...................... 5.12.410 Hours and days of sale.......... 4.16.330 Display ........................ 5.12.420 Environment Fees ........................... 5,12.360 Open burning Movable place of business ....... 5.12.350 Hours for burning permitted .... 5.24.1170 Renewals ...................... 5.12.380 Traffic and vehicles Required ....................... 5.12.310 Stopping, standing and parking Responsibility .................. 5.12.400 Parking hours .................. 5.32.250 Revocation or suspension ....... 5.12.430 Waterways Sampling prohibited ............ 5.12.440 Mooney Lake rules and regulations Term .......................... 5.12.370 Hours of operation.............. 6.28.430 Transfers ...................... 5.12.390 Zoning regulations Definitions ....................... 5.12.110 District regulations Exceptions and defenses........... 5.12.150 RPUD Residential Planned Unit Minors ........................... 5.12.200 Development District Penalties ......................... 5.12.130 Lighting 6.12.4000(8) Prohibited sales ................... 5.12.170 Purpose .......................... 5.12.140 HOUSING Self-service sales .................. 5.12.190 Animals Smoking prohibited ............... 5.12.210 Animal housing; rodent and pest Vending machines ................. 5.12.180 infestation................... 5.28.050 MAO 44 CODE INDEX Section Section HOUSING (Cont'd.) INDECENCY AND OBSCENITY Dogs and cats Alcoholic beverages Kennels Operational restrictions and require - License ments Residential kennel license Nudity or obscenity prohibited .. 4.16.360 standards and require- Amusements and entertainments ments................ 5.28.730 Shows and similar performances Streets, sidewalks and other public Obscenity prohibited............ 4.20.350 places Offenses and miscellaneous provisions Construction, repair and improve- Offenses involving public morals ment of public ways Indecent exposure .............. 5.36.810 Residential driveway connections, Parks and recreation approaches and turnaround 3.04.330 Public conduct in parks and public Zoning regulations ................... 6.12.3160(10) swimming areas et seq. Nudity, sexual conduct, obsceni- See: ZONING REGULATIONS ties, threats, fighting words 3.08.340 INDEMNIFICATION I Streets, sidewalks and other public places IMPOUNDMENT Right-of-way management Animals ............................. 5.28.310 et seq. Indemnification and liability .... 3.04.600 See: ANIMALS INDUSTRIAL DISTRICTS Traffic and vehicles Zoning regulations Administration and enforcement Supplementary requirements and Impounding and removing vehicles 5.32.140 restrictions Zoning regulations Off-street parking and loading Supplementary requirements and Parking restrictions Setbacks for parking Sign code I Industrial Districts .... 6.12.7510(3) Inspection and enforcement Impoundment of signs on INSPECTIONS public property or Alcoholic beverages within public right -of- Licensing way .................. 6.12.7200(3) License limited to space specified; inspection ................. 4.16.170 INCORPORATION AND POWERS Businesses Emergency services Rental licensing ................... 4.04.460 Emergency management Environment ........................ 5.24.310 et seq. Powers and duties of the director 5.04.140 See: ENVIRONMENT Environment Health and sanitation Noise Tobacco Dealer's license Powers and duties of noise control Compliance checks and inspec- officer..................... 5.24.1030 tions ................... 5.12.410 On -site sewage disposal Streets, sidewalks and other public Incorporation by reference ...... 5.24.140 places Parks and recreation Right-of-way management Park commission Inspection ...................... 3.04.510 Powers and duties .............. 3.08.130 Subdivision regulations Planning commission Design standards and required Powers and duties ................. 6.04.030 improvements Streets, sidewalks and other public Inspection of required public and places private improvements...... 6.20.830 Right-of-way management Zoning regulations Reservation of regulatory and Supplementary requirements and police powers .............. 3.04.630 restrictions Zoning regulations ................... 6.12.4290(c) Sign code et seq. Inspection and enforcement... 6.12.7200 See: ZONING REGULATIONS Inspection authority ....... 6.12.7200(1) CDi:ll 0 W) INSURANCE Businesses Business licenses Insurance requirements......... Solid waste Private collectors License Vehicles; insurance; limitation on number; rates....... . Zoning regulations Floodplain management Administration Variances and appeals Flood insurance notice ..... INTERFERENCE Animals Interference with officers prohibited Environment Maintenance of drainage systems; interference with drainage; permit for drainage systems .. INVENTORY Zoning regulations ................... See: ZONING REGULATIONS INVESTIGATIONS Alcoholic beverages Licensing Investigation and issuance ...... Amusements and entertainments Shows and similar performances License Investigation fee ............. Animals Dangerous animals Permit Investigation required........ Temporary short-term merchants License Investigation, approval or disap- proval .................... L LAND USE Buildings and building regulations ... See: BUILDINGS AND BUILDING REGULATIONS Construction site runoff control ...... See: CONSTRUCTION SITE RUNOFF CONTROL Planning commission ................ See: PLANNING COMMISSION Reimbursement of development costs, ORONO CODE Section Section LAND USE (Cont'd.) Subdivision regulations .............. 6.20.010 et seq. See: SUBDIVISION REGULATIONS 4.04.220 Waterways .......................... 6.28.010 et seq. See: WATERWAYS Zoning regulations ................... 6.12.010 et seq. See: ZONING REGULATIONS 5.20.320 LANDSCAPING Zoning regulations ................... 6.12.3160(14) et seq. See: ZONING REGULATIONS LAW ENFORCEMENT 6.12.5530(d) Departments Police department ................. 1.08.450 Offenses and miscellaneous provisions Offenses involving public safety 5.28.020 Weapons and explosives Permits Notice to police prior to shooting ............. 5.36.600 5.24.020 Streets, sidewalks and other public places 6.12.1980(4) Right-of-way management et seq. Reservation of regulatory and police powers .............. 3.04.630 LEASES, LEASING Zoning regulations Supplementary requirements and 4.16.140 restrictions Sign code Temporary on -premises signs Sale, rent, or lease space... 6.12.7270(5) 4.20.430 5,28.840 4.08.150 6.24.010 et seq. 6.16.010 et seq. 6.04.010 et seq. escrows ........................ 6.08.010 et seq. See: DEVELOPMENT COSTS, ESCROWS LIABILITY Emergency services Emergency management City not liable for damage from emergency activities; rights not affected ............... Environment Open burning ..................... Streets, sidewalks and other public places Right-of-way management Indemnification and liability .... Zoning regulations Floodplain management Statutory authorization, findings of fact and purpose Warning and disclaimer of liability ................. LICENSES AND PERMITS Alcoholic beverages .................. See: ALCOHOLIC BEVERAGES Amusements and entertainments..... See: AMUSEMENTS AND ENTERTAINMENTS CDi:12 5.04.170 5.24.1150 3.04.600 6.12.4670 4.16.110 et seq. 4.20.220 et seq. T LICENSES AND PERMITS (Cont'd.) Animals ............................. See: ANIMALS Buildings and building regulations ... See: BUILDINGS AND BUILDING REGULATIONS Businesses .......................... See: BUSINESSES Construction site runoff control Permit and SWPPP required...... . Environment ........................ See: ENVIRONMENT Fire prevention and protection Fire prevention and fire safety standards Permits and fees ................ Health and sanitation ............... See: HEALTH AND SANITATION Massage therapy centers ............. See: MASSAGE THERAPY CENTERS Offenses and miscellaneous provisions See: OFFENSES AND MISCEL- LANEOUS PROVISIONS Officers and employees Computerized criminal history and driver's license history inquiries Parks and recreation Public conduct in parks and public swimming areas Off leash dog areas; permits and regulations ................ Solid waste .......................... See: SOLID WASTE Streets, sidewalks and other public places .......................... See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Subdivision regulations Administration and enforcement Issuance of building permits and certificates of occupancy ... Temporary short-term merchants.... . See: TEMPORARY SHORT-TERM MERCHANTS Traffic and vehicles Special events Denial of permit ................ Revocation of permit........... . Utilities City utilities Permit required for turning on discontinued service ....... Zoning regulations ................... See: ZONING REGULATIONS CODE INDEX Section 5.28.710 et seq. 6.24.240 et seq. 4.04.110 et seq. 6.16.060 5.24.260 et seq. 5.08,130 5.12.310 et seq. 4.12.110 et seq. 5.36.510 et seq. 1.08.230 3.08.370 5.20.310 et seq. 3.04.820 et seq. 6,20.240 4.08.110 et seq. 5.32.700 5.32.740 2.04.280 6.12.6810(c) et seq. Section LIGHTING, LIGHTS Zoning regulations ................... 6.12.3160(20) et seq. See: ZONING REGULATIONS LOADING AND UNLOADING Traffic and vehicles Administration and enforcement Loading zones .................. 5.32.130 Zoning regulations ................... 6.12.3970 et seq. See: ZONING REGULATIONS LOTS Offenses and miscellaneous provisions Offenses involving public morals Alcohol Consumption and possession of beer, wine or liquor on private parking lots..... Subdivision regulations .............. See: SUBDIVISION REGULATIONS Traffic and vehicles Stopping, standing and parking Parking rules in city parking lots and ramps ................ Private use of public streets and parking lots ............... Zoning regulations ................... See: ZONING REGULATIONS M MAINTENANCE Environment ........................ See: ENVIRONMENT Fire prevention and protection Fire prevention and fire safety standards Fire lanes ...................... Massage therapy centers Licenses Construction and maintenance requirements .............. Streets, sidewalks and other public places Construction, repair and improve- ment of public ways Maintenance and removal...... . Public sidewalk maintenance and repair ....................... Subdivision regulations Design standards and required improvements Assurance for completion and maintenance of required public or private improve- ments ..................... Maintenance of required public and private improvements . Utilities City utilities CDi:13 5.36.1020 6.20.1010 et seq. 5.32.290 5.32.220 6.12.320 et seq. 5.24.010 et seq. 5.08.340 4.12.160 3.04.350 3.04.080 6.20.820 6.20.840 N W) ORONO CODE Section MAINTENANCE (Cont'd.) Sewers and sewage disposal Construction, maintenance and repair .................. 2.04,720 Zoning regulations ................... 6.12.6570 et seq. See: ZONING REGULATIONS MANUFACTURED HOMES AND MANUFACTURED HOME PARKS Zoning regulations Floodplain management Manufactured homes, manufactured home parks, and recreational vehicles Manufactured homes ......... Recreational vehicles ......... MASSAGE THERAPY CENTERS Definitions .......................... Intent and findings .................. Licenses Conditions governing issuance of licenses ...................... Construction and maintenance requirements ................ Expiration of licenses ............. General rule; number of licenses ... Granting, refusal, issuing, transfer- ring, and duplicating of licenses License applications ............... Renewal of licenses ............... Restrictions and regulations ....... Revocation and suspension of license Supplemental disclosures......... . Termination ...................... MAYOR City council Salaries of mayor and councilmem- hers......................... MEETINGS City council Council meetings .................. Council procedure at regular meet- ings......................... Offenses and miscellaneous provisions Offenses involving public peace and order Disturbing lawful assembly, meet- ing prohibited ............. 6.12.5410 6.12.5420 MISDEMEANORS (Cont'd.) Penalties and enforcement Violation constitutes a misdemeanor ........... MONUMENTS Subdivision regulations Design standards and required improvements ............... Zoning regulations Supplementary requirements and restrictions Sign code Permitted sign type, area, height, and illumination by sign district Monument signs.......... . 4.12.020 MOVING BUILDINGS AND OTHER 4.12.010 STRUCTURES Buildings and building regulations Permits and special requirements 4.12.140 for moving buildings ......... 4.12.160 4,12.190 4.12.110 4.12.130 4.12.120 4.12.200 4.12.150 4.12.180 4.12.210 4.12.170 1.08.130 1.08.140 1.08.150 5.36.710 MINORS Offenses and miscellaneous provisions 5,36.390 et seq. See: OFFENSES AND MISCEL- LANEOUS PROVISIONS MISDEMEANORS Temporary short-term merchants Violation a misdemeanor .......... 4,08.060 Zoning regulations Floodplain management N NOISE Animals Noise............................. Environment ........................ See: ENVIRONMENT Zoning regulations Supplementary requirements and restrictions Performance standards ......... Section 6.12.5710 6.20,870 612.7240(2) 6.24.010 5.28.100 5.24.1010 et seq. 6.12.7730 NONCONFORMITIES Zoning regulations ................... 6.12.260(e) et seq. See: ZONING REGULATIONS NOTICES, NOTIFICATION Animals Administration and enforcement Impoundment Notice of impounding......... 5.28.330 Environment ........................ 5.24.510 et seq. See: ENVIRONMENT Offenses and miscellaneous provisions Offenses involving public safety Weapons and explosives Permits Notice to owners of surround- ing property.......... 5.36.610 Notice to police prior to shooting ............. 5.36.600 Streets, sidewalks and other public places Right-of-way management Supplementary notification ..... 3.04.530 Utilities City utilities CDi:14 M NOTICES, NOTIFICATION (Cont'd.) Storm sewer system Stormwater illicit discharge and illicit connection Enforcement; notice of viola- tion.................. Notification of spills ....... Zoning regulations ................... See: ZONING REGULATIONS NUDITY Alcoholic beverages Operational restrictions and require- ments Nudity or obscenity prohibited . . Parks and recreation Public conduct in parks and public swimming areas Nudity, sexual conduct, obsceni- ties, threats, fighting words NUISANCES Offenses and miscellaneous provisions Public nuisance ................... O OBSTRUCTIONS Fire prevention and protection Fire prevention and fire safety standards Fire lanes Obstructing .................. Streets, sidewalks and other public places Obstructions ...................... Traffic and vehicles Special events Removal of obstructions of traffic OFFENSES AND MISCELLANEOUS PROVISIONS Abatement procedure ................ Code of ordinances Code does not affect prior offenses or rights ....................... Depositing refuse restricted .......... Juvenile curfew Defenses ......................... Definitions ....................... Findings and purpose ............. Penalty........................... Prohibited acts .................... Review ........................... Offenses involving property rights Defacement of property........... . Entering motor vehicles ........... Vacating premises ................. CODE INDEX Section 2.04.1400 2.04.1380 6.12.430 et seq. 4.16.360 3.08.340 5.36.040 5.08.350 3.04.020 5.32.650 5.36.050 1.04.110 5.36.030 5.36.1150 5.36.1110 5.36.1120 5.36.1130 5.36.1140 5.36.1160 5.36.130 5.36.120 5,36.110 CDi:15 Section OFFENSES AND MISCELLANEOUS PROVISIONS (Cont'd.) Offenses involving public morals Alcohol Consumption and possession of beer, wine or liquor on private parking lots........ 5.36.1020 Consumption and possession of beer, wine or liquor on streets and public property........ 5.36.1010 Inducing another to make illegal purchase or sale........... 5,36.1030 Social host ..................... 5.36.1040 Controlled substances Confiscation and disposition..... 5.36.930 Definitions ..................... 5.36.910 Excepted lawful businesses and professions ................ 5.36.940 Manufacture, use limited ....... 5.36.950 Possession of injection implement 5.36.980 Schedules adopted by reference.. 5.36.920 Unlawful procuring, purchase, delivery or possession...... 5.36.960 Use of original containers and labels required ............ 5.36.970 Indecent exposure ................. 5.36.810 Urinating, defecating .............. 5.36.820 Offenses involving public peace and order Brawling, fighting prohibited ...... 5.36.720 Disturbing lawful assembly, meet- ing prohibited ................ 5.36.710 Offensive language, conduct ....... 5.36.730 Use of lights ...................... 5.36.740 Offenses involving public safety Animal trapping .................. 5.36.210 Exposure of dangerous container... 5.36.220 Weapons and explosives BB gun ........................ 5.36.400 Confiscation .................... 5.36.330 Discharge of firearms and explosives ................. 5.36.320 Exceptions ..................... 5.36.310 Handling, use of weapons by children ................... 5.36.390 Metal knuckles, switchblade knife 5.36.370 Permits Annual permits .............. 5.36.560 Approval .................... 5.36.590 Baker Park .................. 5.36.530 Fees, revocation .............. 5.36.580 Information to owners of abut- ting property prior to initial use .............. 5.36.620 Notice to owners of surround- ing property ............ 5.36.610 Notice to police prior to shoot- ing ..................... 5.36.600 Occasional up to 120 days .... 5.36.520 Occasional up to 15 days ..... 5.36.510 I* W) ORONO CODE Section Section OFFENSES AND MISCELLANEOUS PARKING PROVISIONS (Cont'd.) Offenses and miscellaneous provisions Occasional ................... 5.36.540 Offenses involving public morals Permit procedure ............ 5.36.570 Alcohol Starting guns ................ 5.36.550 Consumption and possession of Pointing firearms ............... 5.36.360 beer, wine or liquor on Possession and sale of fireworks. 5,36.340 private parking lots ..... 5,36.1020 Reckless use ................... 5.36.350 Traffic and vehicles .................. 5.32.110 et seq. Unlawfully using article as weapon 5.36.380 See: TRAFFIC AND VEHICLES Public nuisance ..................... 5.36.040 Zoning regulations................... 6.12.3370 et seq. Sexual predator residency restrictions See: ZONING REGULATIONS Definitions ....................... 5.36.1220 Findings and intent ............... 5.36.1210 PARKS AND RECREATION Residency prohibition; penalties; Departments exception .................... 5.36.1230 Parks department................. 1.08.480 Swimming restricted ................. 5.36.020 Park commission Traffic and vehicles .................. 5.32.810 et seq. Established ....................... 3.08.110 See: TRAFFIC AND VEHICLES Members ......................... 3.08.120 Violation of state statutes prohibited 5.36.010 Powers and duties ................. 3.08.130 Public conduct in parks and public OFFICERS AND EMPLOYEES swimming areas Animals Animal regulations ................ 3.08.300 Interference with officers prohibited 5.28.020 Application ....................... 3.08.220 City administrator ................... 1.08.310 et seq. Building fires ..................... 3.08.320 See: CITY ADMINISTRATOR City docks ........................ 3.08.360 Computerized criminal history and Damage to, theft of equipment, driver's license history inquiries. 1.08.230 objects ....................... 3.08.250 Environment Definitions ....................... 3.08.210 Noise Discharging fireworks ............. 3.08.330 Powers and duties of noise control Exceptions ........................ 3.08.230 officer ..................... 5.24.1030 Fishing ........................... 3.08.350 Interim emergency succession ........ 1.08.210 Motor vehicle operations, standing. 3.08.270 Workers' compensation ............... 1.08.220 Nudity, sexual conduct, obscenities, ORDINANCES, RESOLUTIONS, ETC. threats, fighting words ....... 3.08.340 Code of ordinances ................... 1.04.010 et seq. Off leash dog areas; permits and See: CODE OF ORDINANCES regulations .................. 3.08.370 Finance Operation of model airplanes ...... 3.08.290 Fees to be established by resolution; Riding bicycles, nonmotorized effect of absence of resolution. 1.08.610 vehicles ..................... 3.08.280 Streets, sidewalks and other public Sales, advertisements ............. 3.08.260 places Unlawful acts ..................... 3.08.240 Franchises Use of alcohol ..................... 3.08.310 Franchise ordinances ........... 3.04.220 Special regulations for big island nature Zoning regulations park District regulations Enforcement ...................... 3.08,460 RPUD Residential Planned Unit General park operation regulations 3.08.440 Development District Protection of property, structures and Reference to other ordinances. 6.12.3470 natural resources ............ 3.08.450 Floodplain management Purpose .......................... 3.08.410 Amendments Regulation of general conduct...... 3.08,430 Map revisions require ordinance Regulation of public use ........... 3.08,420 amendments ............ 6.12.5830 Subdivision regulations Design standards and required P improvements Parks and playgrounds ......... 6.20.950 PARADES AND PROCESSIONS Tobacco -free parks and workplaces act 5.16.010 et seq. Traffic and vehicles See: TOBACCO -FREE PARKS AND Special events WORKPLACES ACT Driving vehicles between parade Traffic and vehicles .................. 5.32.510 et seq. units ...................... 5,32.630 See: TRAFFIC AND VEHICLES CDi:16 W) CODE INDEX Section PARKS AND RECREATION (Cont'd.) Zoning regulations ................... 6.12.5410 et seq. See: ZONING REGULATIONS PERMITTED USES Zoning regulations ................... 6.12.1020 et seq. See: ZONING REGULATIONS Section POLES AND WIRES (Cont'd.) District regulations RPUD Residential Planned Unit Development District Lighting Height of source and pole .. 6.12.4000(5) Light poles ................ 6.12.4000(4) PLANNING AND DEVELOPMENT POLICE DEPARTMENT Departments Departments Community development depart- Police department ................. 1.08.450 ment ....................... 1.08.490 Offenses and miscellaneous provisions Development costs, escrows .......... 6.08.010 et seq. Offenses involving public safety See: DEVELOPMENT COSTS, Weapons and explosives ESCROWS Permits Planning commission ................ 6.04.010 et seq. Notice to police prior to See: PLANNING COMMISSION shooting ............. 5.36.600 Subdivision regulations Streets, sidewalks and other public Plat approval process places Preliminary plat Right-of-way management Planning commission review of Reservation of regulatory and the preliminary plat..... 6.20.440 police powers .............. 3.04.630 Restrictions on development prior to final plat approval ...... 6.20.310 POLLUTION Utilities Construction site runoff control City utilities Stormwater pollution prevention plan Storm sewer system review process ............... 6.16.080 Stormwater trunk fee New development projects.. 2.04.1240 POWERS Zoning regulations ................... 6.12.4050 et seq. Emergency services See: ZONING REGULATIONS Emergency management Powers and duties of the director 5.04.140 PLANNING COMMISSION Environment Established ......................... 6.04.010 Noise Membership ......................... 6.04.020 Powers and duties of noise control Powers and duties ................... 6.04.030 officer..................... 5.24.1030 Subdivision regulations Parks and recreation Plat approval process Park commission Preliminary plat Powers and duties .............. 3.08.130 Planning commission review of Planning commission the preliminary plat..... 6.20.440 Powers and duties ................. 6.04.030 Zoning regulations Streets, sidewalks and other public Conditional uses places Permit Failure of planning commis- Right-of-way management sion to act .............. 6.12.4070 Reservation of regulatory and Reference to planning commis- police powers .............. 3.04.630 sion .................... 6.12.4050 PROPERTY PLUMBING Administration Zoning regulations Disposal of unclaimed property .... 1.08.030 District regulations Animals RS Seasonal Recreational District Dogs and cats Building construction standards Defecating on property of another Minimum plumbing require- prohibited ................. 5.28.450 ments................ 6.12.2030(5) Buildings and building regulations Supplementary requirements and Permit to use public property ...... 6.24.020 restrictions Businesses Accessory buildings and structures 6.12.7060 Business licenses Penalty for property owner...... 4.04.170 POLES AND WIRES Environment ........................ 5.24.010 et seq. Zoning regulations See: ENVIRONMENT CDi:17 W W) ORONO CODE Section Section PROPERTY (Cont'd.) R Finance Disposal of excess property p p p y 1.08.620 RAILROADS AND TRAINS Offenses and miscellaneous provisions 5.36.110 et seq. Zoning regulations ................... 6.12.5310 et seq. See: ZONING REGULATIONS See: OFFENSES AND MISCEL- LANEOUS PROVISIONS RECORDS AND REPORTS Parks and recreation Emergency services Special regulations for big island Alarm systems nature park Alarm report ................... 5.04.250 Protection of property, structures Environment ........................ 5.24.350 et seq. and natural resources...... 3.08.450 See: ENVIRONMENT Streets, sidewalks and other public Subdivision regulations .............. 6.20.610 et seq. places See: SUBDIVISION REGULATIONS Vegetation Zoning regulations ................... 6.12.320 et seq. Duty of property owners to cut See: ZONING REGULATIONS grass and weeds and RECREATIONAL VEHICLES maintain trees and shrubs . 3.04.730 Zoning regulations Traffic and vehicles Floodplain management Driving through private property to Manufactured homes, avoid traffic signal ........... 5.32.050 manufactured home parks, Stopping, standing and parking and recreational vehicles Parking on private property Generally .................... 6.12.5420 without consent........... 5.32.340 Manufactured homes......... 6,12.5410 Zoning regulations District regulations RENTALS RPUD Residential Planned Unit Businesses .......................... ................. 4.04.410 et seq. Development District S See: BUSINESSES Lighting RESIDENTIAL DISTRICTS Lighting adjacent property. 6.12.4000(2) Zoning regulations ................... 6.12.1310 et seq. Supplementary requirements and See: ZONING REGULATIONS restrictions Sign code RIGHT-OF-WAYS Inspection and enforcement Streets, sidewalks and other public Impoundment of signs on places .......................... 3.04.100 et seq. public property or See: STREETS, SIDEWALKS AND within public right -of- OTHER PUBLIC PLACES way .................. 6.12.7200(3) Zoning regulations District regulations PUBLIC WORKS AND IMPROVEMENTS RS Seasonal Recreational District Departments Permit for private improve - Public works department .......... 1.08.470 ments within public rights -of -way PURCHASES AND PURCHASING Dockage on right-of-way ... 6.12.1970(2) Offenses and miscellaneous provisions Supplementary requirements and Offenses involving public morals restrictions Alcohol Sign code Inducing another to make Inspection and enforcement illegal purchase or sale .. 5.36.1030 Impoundment of signs on Controlled substances public property or Unlawful procuring, purchase, within public right -of - delivery or possession ... 5.36.960 way • • • • . • • • • • • • • • • • . • 6.12.7200(3) S Q SAFETY QUALIFICATIONS Fire prevention and protection ....... 5.08.110 et seq. City administrator See: FIRE PREVENTION AND Qualifications ..................... 1.08.330 PROTECTION CDi:l8 ti W) CODE INDEX Section SAFETY (Cont'd.) Offenses and miscellaneous provisions 5.36.210 et seq. See: OFFENSES AND MISCEL- LANEOUS PROVISIONS SALES Alcoholic beverages .................. See: ALCOHOLIC BEVERAGES Health and sanitation Tobacco Prohibited sales ................ Self-service sales ............... Offenses and miscellaneous provisions Offenses involving public morals Alcohol Inducing another to make illegal purchase or sale. . Offenses involving public safety Weapons and explosives Possession and sale of fireworks Parks and recreation Public conduct in parks and public swimming areas Sales, advertisements.......... . Utilities City utilities Application, connection and sale of service .................. Sewers and sewage disposal Discharge restrictions Point of sale certificate of inflow and infiltration compliance ........... Zoning regulations Supplementary requirements and restrictions Gas stations Sales prohibited .............. Sign code Temporary on -premises signs Sale, rent, or lease space ... 4.16.150 et seq. Section SECURITY (Cont'd.) Additional building security requirements......... 6.12.2030(7) SETBACKS Zoning regulations ................... 6.12.1050 et seq. See: ZONING REGULATIONS SIGNS AND BILLBOARDS Fire prevention and protection 5.12.170 Fire prevention and fire safety 5.12.190 standards Fire lanes Fire lane signs and marking . . Health and sanitation Tobacco 5.36.1030 Billboards ...................... Streets, sidewalks and other public places 5.36.340 Signs and other structures......... Tobacco -free parks and workplaces act Posting of signs and removal of smok- ing paraphernalia ............ 3.08.260 Traffic and vehicles Administration and enforcement Traffic and parking signs and signals .................... 2.04.240 Zoning regulations ................... See: ZONING REGULATIONS SMOKING Health and sanitation ............... See: HEALTH AND SANITATION 2.04.850 Tobacco -free parks and workplaces act See: TOBACCO -FREE PARKS AND WORKPLACES ACT 6.12.6780(9) 6.12.7270(5) SCHOOLS Subdivision regulations Design standards and required improvements Subdivisions straddling municipal and school district boundar- ies ........................ 6.20.860 SECURITY Subdivision regulations Design standards and required improvements Lots Security to include lot improve- ment................... Zoning regulations District regulations RS Seasonal Recreational District Building construction standards SNOW AND ICE Streets, sidewalks and other public places Placing snow or ice in a roadway.. . Traffic and vehicles .................. See: TRAFFIC AND VEHICLES Zoning regulations District regulations RPUD Residential Planned Unit Development District Off-street parking Snow storage in parking stalls ................ SNOWMOBILES Traffic and vehicles Recreational motor vehicles Additional snowmobile operating regulations ................ 6.20.1010 Snowmobile equipment ......... SOIL EROSION AND SEDIMENTA- TION CONTROL Environment On -site sewage disposal CDi:19 5.08.330 5.12.160 3.04.050 5.16.040 5.32.110 6.12.7110 et seq. 5.12.210 et seq. 5.16.040 et seq. 3.04.060 5.32.260 et seq. 6.12.3960(g) 5.32.540 5.32.550 ao W) ORONO CODE Section Section SOIL EROSION AND SEDIMENTA- STORAGE TION CONTROL (Cont'd.) Fire prevention and protection ....... 5.08.220(1) et seq. Permitting See: FIRE PREVENTION AND Periodically saturated soil PROTECTION disagreements.......... 5.24.290 Solid waste .......................... 5.20.110 et seq. Subdivision regulations See: SOLID WASTE Design standards and required Zoning regulations ................... 6.12.3960(g) improvements et seq. See: ZONING REGULATIONS Lots Soil preservation, grading and STREETS, SIDEWALKS AND OTHER seeding ................. 6.20.1070 PUBLIC PLACES Utilities ............................. 2.04.1010 et seq. Construction, repair and improvement See: UTILITIES of public ways Zoning regulations Business driveways, approaches and Shoreland management turnarounds ................. 3.04.340 PRD/PUD standards Construction requirements gener- Erosion control and stormwa- ally ......................... 3,04.320 ter management ........ 6.12.6590 Maintenance and removal ......... 3.04,350 Methods of procedure ............. 3.04.310 SOLID WASTE Regulatory signs .................. 3.04.360 Private collectors Residential driveway connections, approaches and turnaround... 3.04.330 Definitions " " " " " " " " " " " ' 5.20.210 Definitions .......................... 3.04.010 Exception ......................... 5.20.220 Encroachment in public easements ... 3.04.090 License Fires ................................ 3.04.040 Haulers; license period.......... 5.20.330 Franchises Required ....................... 5,20.310 Conditions in every franchise ...... 3.04.240 Vehicles; insurance; limitation on Definitions ....................... 3.04.210 number; rates ............. 5.20.320 Franchise ordinances.............. 3.04.220 Storage and disposal Further provisions of franchises ... 3.04.250 Definitions ....................... 5.20,110 Power of regulation reserved....... 3.04.230 Deposit ........................... 5.20.130 Obstructions ........................ 3.04.020 Fire danger ....................... 5.20.140 Offenses and miscellaneous provisions Storage ........................... 5.20.120 Offenses involving public morals Subdivision regulations Alcohol Design standards and required Consumption and possession of improvements beer, wine or liquor on Lots streets and public Debris and waste 6.20.1080 property ................ 5.36,1010 Utilities Placing snow or ice in a roadway ..... 3.04.060 Public Lakeshore, lakeshore rights -of - City utilities way and docks Sewers and sewage disposal Administration ................... 3.04.880 Discharge restrictions Application approval and denial ... 3.04.850 Classification of industrial Applications ...................... 3.04.830 wastes ............... 2.04.810 Definitions ....................... 3.04.810 Zoning regulations Eligible applicants ................ 3.04,840 District regulations License required .................. 3,04.820 RS Seasonal Recreational District Terms of license for Big Island dock Garbage removal and sanita- sites ......................... 3.04.870 tion .................... 6.12.2050 Terms of license................... 3.04.860 Supplementary requirements and Public right-of-way vacation.......... 3.04.100 restrictions Public sidewalk maintenance and repair 3.04.080 Performance standards Right-of-way management Waste materials .............. 6.12.7830 Abandoned and unusable facilities . 3.04.610 Appeal ........................... 3.04.620 SPECIAL ASSESSMENTS Damage to other facilities ......... 3.04.580 Deferment of special assessments .... 1.16.020 Definitions ....................... 3.04.420 Prepayment authorized .............. 1.16.010 Denial of permit .................. 3.04.490 CDi:20 (7) U) CODE INDEX Section Section STREETS, SIDEWALKS AND OTHER SUBDIVISION REGULATIONS (Cont'd.) PUBLIC PLACES (Cont'd.) Character of the land ............. 6.20.880 Election to manage the public right- Conservation design of -way ....................... 3.04.410 Conservation design required ... 6.20.1200 Indemnification and liability....... 3.04.600 Deferral of required public or private Inspection ........................ 3.04.510 improvements ............... 6.20.850 Installation requirements.......... 3.04.500 Drainage and storm sewers........ 6.20.900 Issuance of permit; conditions...... 3.04.450 Inspection of required public and Location facilities ................. 3.04.560 private improvements ........ 6.20.830 Mapping data ..................... 3.04.550 Lots Permit applications ............... 3.04.440 Debris and waste ............... 6.20.1080 Permit fees ....................... 3.04.460 Double -frontage lots, access to lots, Permit requirement ............... 3.04.430 and front/back lot divisions. 6.20.1060 Pre -excavation facilities location ... 3.04.570 Lakeshore lots .................. 6.20.1050 Reservation of regulatory and police Lot area, minimum ............. 6.20.1040 powers ...................... 3.04.630 Lot arrangement ............... 6.20.1020 Revocation of permits ............. 3.04.540 Lot dimensions 6.20.1030 Right-of-way patching and restora- ................. tion ......................... 3.04.470 Security to include lot improve- Right-of-way vacation ............. 3.04.590 ment...................... 6.20.1010 Severability ....................... 3.04.640 Soil preservation, grading and Supplementary applications ....... 3.04.480 seeding ................... 6.20.1070 Supplementary notification ........ 3.04.530 Maintenance of required public and ermit....... Work done without a permit.. * * * * * 3.04.520 private improvements ........ 6.20.840 Roadway tampering ................. 3.04.070 Monuments....................... 6.20.870 Signs and other structures........... 3.04.050 Parks and playgrounds............ 6.20.950 Traffic and vehicles .................. 5.32.220 et seq. Plat name ........................ 6.20.890 See: TRAFFIC AND VEHICLES Preservation of natural features and Vegetation amenities .................... 6.20.940 City to control tree planting; Roads and public ways standards .................... 3.04.710 Design standards............... 6.20.1110 Duty of property owners to cut grass Off -site premises; roadways ..... 6.20.1120 and weeds and maintain trees On -site roadways ............... 6.20.1130 and shrubs .................. 3.04.730 Pedestrian access............... 6.20.1150 Permit to plant or remove trees .... 3.04.720 Road dedication and reservations 6.20.1140 Visibility triangle; street/roadway Sewerage facilities ................ 6.20,920 intersections ................... 3.04.030 Special requirements for subdivi- Zoning regulations ................... 6.12.090 et seq. sions involving public or private See: ZONING REGULATIONS improvements ............... 6.20.810 SUBDIVISION REGULATIONS Subdivisions straddling municipal Administration and enforcement and school district boundaries 6.20.860 Appeals .......................... 6.20.250 Utilities .......................... 6.20.930 Enforcement ...................... 6.20.210 Water facilities.................... 6.20.910 Fees for subdivision applications ... 6.20.220 Jurisdiction ......................... 6.20.110 Issuance of building permits and Minimum standards ................. 6.20.070 certificates of occupancy ...... 6.20.240 Plat approval process Variances ......................... 6.20.230 Coordination of subdivision approval 6.20.320 Amendments of other provisions of this Exceptions Code and regulations ........... 6.20.100 Certification procedure and limita- Authority ........................... 6.20.060 tions...................... 6.20.710 Compliance ......................... 6.20.120 Final plats Conditions .......................... 6.20.130 Council review of the final plat.. 6.20.540 Conflict with public provisions ....... 6.20.080 Effective period of final plat Definitions .......................... 6.20.020 approval.................. 6.20.550 Design standards and required improve- Final plat application ........... 6.20.520 ments Purpose; requirements .......... 6.20.510 Assurance for completion and Staff review of the final plat .... 6.20.530 maintenance of required public Initial staff review ................ 6.20.340 or private improvements ..... 6.20.820 Official submission dates .......... 6.20.330 CDi:21 SUBDIVISION REGULATIONS (Cont'd.) Preliminary plat Council review of the preliminary plat....................... Effective period of preliminary plat review .................... Planning commission review of the preliminary plat ....... Plat application ................ Purpose and requirements ...... Staff and agency review of the preliminary plat.......... . Restrictions on development prior to final plat approval ........... Sketch plan ....................... Subdivision certification and record- ing Documents ..................... Final acceptance of improvements Official plat certification ........ Staff certification ............... Vested rights ..................... Policy............................... Purposes ............................ Rules............................... Saving provision ..................... Scope............................... Zoning regulations Planned unit development (PUD) Coordination with subdivision regulations ................ 11 ORONO CODE Section TEMPORARY SHORT-TERM MERCHANTS (Cont'd.) Purpose ............................. 6.20.450 Violation a misdemeanor ............. 6.20.460 TOBACCO -FREE PARKS AND WORKPLACES ACT 6.20.440 Definitions .......................... 6.20.420 Enforcement ........................ 6.20.410 General prohibitions ................. Intent and findings .................. 6.20.430 Posting of signs and removal of smok- ing paraphernalia .............. 6.20.310 TOWERS AND ANTENNAS 6.20.350 Zoning regulations ................... See: ZONING REGULATIONS 6.20.610 6.20.640 6.20.630 6.20,620 6.20.360 6.20.040 6.20.050 6.20,010 6.20.090 6.20.030 6.12.4240 TAXATION Zoning regulations District regulations RS Seasonal Recreational District Lot area requirements Tax parcel combination required ............. 6.12.1980(2) TEMPORARY SHORT-TERM MERCHANTS Definitions .......................... 4.08.020 Exceptions to definitions ............. 4.08.030 Exclusion by placard ................. 4.08.050 License Application ....................... 4.08.120 Bond ............................. 4.08.140 Certificate ........................ 4.08.190 Duration ......................... 4.08.160 Exemptions ....................... 4.08.170 Fee ............................... 4.08.130 Ineligibility ....................... 4.08.180 Investigation, approval or disap- proval ....................... 4.08.150 Required; exemption .............. 4.08.110 Suspension and revocation......... 4.08.200 Transferability .................... 4.08.210 Prohibited activities ................. 4.08.040 TRAFFIC AND VEHICLES Administration and enforcement Impounding and removing vehicles. Left turns prohibited .............. Loading zones .................... Traffic and parking signs and signals Administrative offenses and penalties Administrative offenses ........... Disposition of penalties........... . Effective date ..................... Enforcement ...................... Failure to pay ..................... Payment .......................... Specific offenses State provisions adopted........ Unreasonable acceleration ...... Unsafe operation ............... Violation/penalty.................. Application .......................... Bicycles Manner of riding .................. Riding in business districts........ Traffic laws apply ................. Where to ride ..................... Certain statutes adopted by reference Driving through private property to avoid traffic signal .............. Environment Abandoning a motor vehicle ....... Junk cars, furniture, household furnishings and appliances stored on public or private property ..................... Exhibition driving ................... Motorized vehicles prohibited on sidewalks and trails ............ Offenses and miscellaneous provisions Offenses involving property rights Entering motor vehicles......... Officers and employees Computerized criminal history and driver's license history inquiries CDi:22 Section 4.08.010 4.08,060 5.16.020 5.16.050 5.16.030 5.16.010 5.16,040 6.12.6830(b) et seq. 5.32.140 5.32,120 5.32.130 5.32.110 5,32.810 5.32.860 5.32.870 5.32.830 5.32.850 5.32.840 5.32.910 5.32.920 5.32.930 5.32.820 5.32.020 5.32.420 5.32.440 5.32.410 5.32.430 5,32.030 5.32.050 5.24.040 5.24.030 5.32.070 5,32.040 5.36.120 1.08.230 cfl CODE INDEX Section Section TRAFFIC AND VEHICLES (Cont'd.) TRAFFIC AND VEHICLES (Cont'd.) Parks and recreation Streets, sidewalks and other public Public conduct in parks and public places swimming areas Construction, repair and improve - Motor vehicle operations, stand- ment of public ways ing ....................... 3,08.270 Business driveways, approaches Riding bicycles, nonmotorized and turnarounds .......... 3.04.340 vehicles ................... 3.08.280 Residential driveway connections, Recreational motor vehicles approaches and turnaround 3.04.330 Additional snowmobile operating Truck routes ........................ 5.32.060 regulations .................. 5.32.540 Zoning regulations................... 6.12.3160(17) Definitions ....................... 5.32.510 et seq. Owner responsibility .............. 5.32.520 See: ZONING REGULATIONS Recreational motor vehicle operat- TREES AND SHRUBBERY ing restrictions ............... 5.32.530 Streets, sidewalks and other public Snowmobile equipment............ 5.32.550 places .......................... 3.04,720 et seq. Scope ............................... 5.32.010 See: STREETS, SIDEWALKS AND Solid waste OTHER PUBLIC PLACES Private collectors Zoning regulations License District regulations Vehicles; insurance; limitation RPUD Residential Planned Unit on number; rates........ 5.20.320 Development District Special events Landscaping Application review and issuance ... 5.32.690 Types of new trees......... 6.12.3980(f) Application ....................... 5.32.680 Definitions ....................... 5.32.610 TRESPASSING Denial of permit .................. 5.32.700 Animals Driving vehicles between parade Trespasses ........................ 5.28.060 units ........................ 5.32.630 TRUCKS AND TRAILERS Exceptions ........................ 5.32.670 Traffic and vehicles Fees .............................. 5.32.720 Stopping, standing and parking Impeding prohibited ............... 5.32.620 Truck parking.................. 5.32.280 Payment of expenses .............. 5.32.710 Truck routes...................... 5.32.060 Penalties ......................... 5.32.750 Zoning regulations Prohibitions ...................... 5.32.730 Supplementary requirements and Removal of obstructions of traffic .. 5.32.650 restrictions Required ......................... 5.32.660 Performance standards Revocation of permit .............. 5.32.740 Exterior storage in R districts Unauthorized entering ............ 5.32.640 Storage of boats and boat Stopping, standing and parking trailers .............. 6.12.7820(4) Emergency parking ............... 5.32.270 General parking prohibitions ...... 5.32.230 Manner of parking on one-way U roadway ..................... 5.32.240 UTILITIES Parking after snowfall prohibited .. 5.32.260 City utilities Parking for the purpose of advertis- Application, connection and sale of ing or selling merchandise.... 5.32.320 service ...................... 2.04.240 Parking hours .................... 5.32.250 Certification required prior to tap - Parking on private property without ping or connection ........... 2.04,290 consent ...................... 5.32.340 Damage to municipal utility equip - Parking rules in city parking lots ment........................ 2.04.260 and ramps ................... 5.32.290 Discontinuance of service.......... 2.04.250 Physically handicapped parking.... 5.32.300 Meter test ........................ 2.04.320 Presumption ...................... 5.32.210 Municipal utility service outside the Private use of public streets and city......................... 2.04.220 parking lots ................. 5.32.220 Ownership of municipal utilities ... 2.04.210 Truck parking .................... 5.32.280 Permission required for connection. 2.04.270 Unattended vehicle ............... 5.32.330 Permit required for turning on Vehicle repair on street............ 5.32.310 discontinued service.......... 2.04.280 CDi:23 N ORONO CODE Section Section UTILITIES (Cont'd.) UTILITIES (Cont'd.) Rates and charges New development projects .... 2.04.1240 Billing, payment and delinquency 2.04.450 Rates and charges ........... 2.04.1230 Fixing rates and charges for Responsibility to supply municipal utilities ......... 2.04.410 information ............. 2.04.1250 Metered water not discharged ... 2.04.430 Statutory authority .......... 2.04.1210 Unmetered service .............. 2.04.420 Water meters..................... 2.04.310 Unmetered water supply........ 2.04.440 Water service Right of entry ..................... 2.04,230 Abandoned services penalties ... 2.04.610 Separate services ................. 2.04.300 Code requirement .............. 2.04.530 Sewers and sewage disposal Connection fees ................. 2.04.520 Construction, maintenance and Deficiency of water and shutting repair ..................... 2.04.720 off water.................. 2.04.510 Definitions ..................... 2.04.710 Opening hydrants .............. 2.04.600 Discharge restrictions Private fire protection systems .. 2.04.590 Appeals ..................... 2.04.860 Private water supplies.......... 2.04.550 Classification of industrial Regulating the use of water during wastes .................. 2.04.810 periods of water shortage .. 2.04.560 Deleterious substances....... 2.04.820 Repair of leaks ................. 2.04.580 Point of sale certificate of inflow Service pipes ................... 2.04.540 and infiltration compli- Water emergencies ............. 2.04.570 ance.................... 2.04.850 Contractual contents................. 2.04.020 Prohibited discharges of Definitions .......................... 2.04.010 groundwater/stormwater Public utilities into the sanitary sewer- Fixing rates and charges for public age system ............. 2.04,840 utilities...................... 2.04.120 Unlawful discharge .......... 2.04.830 Underground utility construction .. 2.04.110 Storm sewer system Subdivision regulations Drainage and erosion control Design standards and required Approval .................... 2.04.1030 improvements ............... 6.20.930 Drainage plan ............... 2.04.1010 Zoning regulations................... 6.12.5310 et seq. Erosion and sediment control See: ZONING REGULATIONS plan .................... 2.04.1020 Stormwater drainage utility V Adjustments of charges....... 2.04.1170 Establishing basic rate ....... 2.04.1140 VARIANCES Excluded lands .............. 2.04.1130 Environment Findings and determinations . 2,04.1120 On -site sewage disposal Rates and charges ........... 2.04.1150 Permitting ..................... 5.24.280 Responsibilities of user ....... 2.04.1160 Subdivision regulations Statutory authority .......... 2.04.1110 Administration and enforcement ... 6.20.230 Stormwater illicit discharge and Zoning regulations ................... 6.12.410 et seq. illicit connection See: ZONING REGULATIONS Administration .............. 2.04.1330 Enforcement; notice of viola- VEGETATION tion .................... 2.04.1400 Streets, sidewalks and other public Findings ..................... 2.04.1320 places.......................... 3.04.710 et seq. General provisions ........... 2,04.1360 See: STREETS, SIDEWALKS AND Illegal disposal and dumping . 2.04.1340 OTHER PUBLIC PLACES Industrial activity discharges. 2.04,1370 Zoning regulations Notification of spills.......... 2.04.1380 Shoreland management Prohibition of illicit discharges Shoreland Overlay District and connections......... 2.04.1350 standards Purpose ..................... 2.04.1310 Vegetation alterations........ 6.12.6300 Suspension of storm sewer Intensive vegetation clear - system access........... 2.04.1390 ing .................. 6.12.6300(b) Stormwater trunk fee Adjustment of charges........ 2.04.1260 W Credit for past payments ..... 2.04.1270 Findings and determinations . 2.04.1220 WATER AND SEWERS CDi:24 WATER AND SEWERS (Cont'd.) Animals Feeding of waterfowl .............. Environment ........................ See: ENVIRONMENT Fire prevention and protection Fire prevention and fire safety standards Required water supply; new construction ............... Subdivision regulations .............. See: SUBDIVISION REGULATIONS Utilities ............................. See: UTILITIES Waterways .......................... See: WATERWAYS Zoning regulations ................... See: ZONING REGULATIONS WATERWAYS Joint use of lake facilities Definitions ....................... Joint use standards ............... Marinas Definitions ....................... Designation of primary operator ... Operation standards .............. Zoning standards ................. Mooney Lake rules and regulations Definitions ....................... Exemption ........................ Horsepower limitation ............. Hours of operation ................ State law adopted ................. Prohibited flotation blocks ........... Regulation of watercraft on Long Lake Definitions ....................... Enforcement ...................... Exempt personnel ................. Long Lake; special provisions ...... Penalties ......................... Purpose, intent, application....... . CODE INDEX Section Z 5.28.080 ZONING (Generally) 5.24.110 et seq. Alcoholic beverages Operational restrictions and require- ments Zoning requirements........... . Waterways Marinas 5.08.140 Zoning standards ............... 6.20.910 et seq. Zoning regulations ................... See: ZONING REGULATIONS 2.04.310 et seq. 6.28.010 et seq. 6.12.4430 et seq. 6.28.110 6.28.120 6.28,210 6.28.230 6.28.240 6.28.220 6.28.410 6.28.450 6.28.420 6,28.430 6.28.440 6.28.010 6.28.310 6.28.340 6.28.330 6.28.360 6.28.350 6.28.320 WEEDS AND BRUSH Streets, sidewalks and other public places Vegetation Duty of property owners to cut grass and weeds and maintain trees and shrubs . 3.04.730 WEIGHTS AND MEASURES Zoning regulations Measurement of distances ......... 6.12.020 Y YARDS AND OPEN SPACES Zoning regulations ................... 6.12.1050 et seq. See: ZONING REGULATIONS ZONING REGULATIONS Administration and enforcement Adoption and amendment procedure All permits compatible with agency requirements ................ Appeals and variances Appeals procedures ............. Board established .............. Hearings ....................... Notice of hearing ............... Official map .................... Variances Denial ....................... Expiration ................... Extension ................... Failure of the board to act .... Filing with county recorder ... Issuances .................... References to board .......... Variance amendments ........ Variances in border areas.... . Violation of conditions....... . When granted ............... Building compliance ............... Concept plan ..................... Concept plan application........ Concept plan review and recom- mendations ............... Purpose ........................ Requirements .................. Fees for zoning applications ....... Nonconforming uses and related mat- ters Farming ....................... Lots of record .................. Nonconforming structures and uses ...................... General provisions........... Nonconforming structures .... Nonconforming uses......... . Separation limited .............. Occupancy certificates ............. Application for occupancy certificate ................. Issuance of occupancy certificate Occupancy certificate required for nonconforming use......... Prohibition ..................... CDi:25 Section 4.16.320 6.28.220 6.12.010 et seq. 6.12.230 6.12.240 6.12.440 6.12.410 6.12.420 6.12.430 6.12.450 6.12.550 6.12.580 6.12.590 6.12.560 6.12.600 6.12.530 6.12,520 6.12.610 6.12.540 6.12.570 6.12.510 6.12.250 6.12.270 6.12.270(c) 6.12.270(d) 6.12.270(a) 6.12.270(b) 6.12.220 6.12.340 6.12.320 6.12.310 6.12.310(a) 6.12.310(c) 6.12.310(b) 6.12.330 6.12.260 6.12.260(c) 6.12.260(d) 6.12.260(e) 6.12.260(b) cfl ORONO CODE Section Section ZONING REGULATIONS (Cont'd.) ZONING REGULATIONS (Cont'd.) When required ................. 6.12.260(a) Area, height, lot width, setback Public hearing .................... 6.12.280 requirements and design Site plan review requirements .............. 6.12,3260 Application for site plan review 6.12.740 Area ........................ 6.12.3260(a) Approval required .............. 6.12.720 Building design and construc- Building code supplemental to tion .................... 6.12.3260(g) review process ............. 6.12.790 Drainage .................... 6.12.3260(h) Conditions ..................... 6.12.760 Fencing...................... 6.12.3260(f) Evaluation criteria ............. 6.12.750 Front yards.................. 6.12.3260(c) Lapse of approval ............... 6.12.780 Height ...................... 6.12.3260(i) Purpose ........................ 6.12.710 Lot width.................... 6.12.3260(b) Review process ................. 6.12.730 Rear yards................... 6.12.3260(d) Specific project ................. 6.12.770 Setback requirements ........ 6.12.3260(e) Zoning administrator .............. 6.12.210 Conditional uses................ 6.12.3240 Conditional uses Permitted uses ................. 6.12,3230 Permit Municipal buildings .......... 6.12.3230(2) Application ..................... 6.12.4060 Retail and service businesses . 6.12.3230(1) Conditional use permit review... 6.12.4140 Purpose ........................ 6.12,3210 Conditional use permits for Site plan review ................ 6.12.3220 nonconforming uses........ 6.12.4130 B-2 Lakeshore Business District Denial of permit ................ 6.12.4100 Accessory uses ................. 6.12.3360 Failure of planning commission Additional performance standards 6.12.3400 to act ..................... 6.12.4070 Area, height, lot width and yard Granting of permit ............. 6.12.4090 requirements.............. 6.12.3410 Hearings and notice ............ 6.12.4080 Height ...................... 6.12.3410(a) Lapse of permit ................ 6.12.4110 Minimum requirements ...... 6.12.3410(b) Lapse of use .................... 6.12.4120 Conditional uses................ 6.12.3350 Purpose ........................ 6.12,4040 Definitions..................... 6.12.3310 Reference to planning commis- Drainage ....................... 6.12.3430 sion....................... 6.12.4050 Landscaping areas.............. 6.12.3390 Unlawful act ................... 6.12.4150 Nonconforming use............. 6.12.3440 Requirements for specific uses Parking requirements........... 6.12.3370 Commercial recreation .......... 6.12.4190 Permitted uses ................. 6.12.3340 Conditional use permit for Purpose ........................ 6.12.3320 essential services.......... 6.12.4180 Reference to other ordinances ... 6.12.3470 Conservation design Regulation of structures within Applicability ...................... 6.12.8520 the lake; adoption by refer - Basic application and plan require- ence ...................... 6.12.3460 ments Setback, hard cover and tree Application requirements and removal regulations ....... 6.12.3420 procedures ................ 6.12.8610 Lakeshore hard cover regula- Basic conservation design master tions ................... 6.12.3420(4) plan requirements and evalu- Lakeshore setback regulations 6.12.3420(1) ation criteria .............. 6.12.8620 Setback along streets......... 6.12.3420(3) Definitions ....................... 6.12.8530 Setback to residential........ 6.12.3420(2) Density bonus standards Tree removal regulations ..... 6.12.3420(5) Density bonuses for urban density Site plan review ................ 6.12.3330 development .............. 6.12.8710 Variances ...................... 6.12.3450 Performance bonus requirements 6.12.8720 Yards .......................... 6,12.3380 Long-term preservation B-3 Shopping Center Business Buyer education ................ 6.12.8820 District Preservation requirements...... 6.12.8810 Accessory uses ................. 6.12.3560 Purpose and intent ................ 6.12.8510 Area, height, yard, setback and Resources design requirements....... 6.12.3570 Facilitating conservation design . 6.12.8910 Area ........................ 6.12.3570(a) Definitions .......................... 6.12.010 Building design and construc- District regulations tion .................... 6.12.3570(m) B-1 Retail Sales Business District Curb cuts .................... 6.12.35700) Accessory uses ................. 6.12.3250 Drainage .................... 6.12.3570(k) CDi:26 LO (0 CODE INDEX Section Section ZONING REGULATIONS (Cont'd.) ZONING REGULATIONS (Cont'd.) Drives ....................... 6.12.3570(i) Area, height, lot width, setback Fencing ...................... 6.12.3570(1) requirements and design Floor area ratio .............. 6.12.3570(b) requirements.............. 6.12.3870 Front yards .................. 6.12.3570(d) Conditional uses................ 6.12.3850 Height ...................... 6.12.3570(n) Permitted uses ................. 6.12.3830 Landscaping ................. 6.12.3570(h) Purpose........................ 6.12.3810 Open spaces ................. 6.12.3570(c) Relationship with planned unit Rear yards ................... 6.12.3570(e) developments.............. 6.12.3840 Setback requirements ........ 6.12.3570(g) Site plan review ................ 6.12.3820 Side yards ................... 6.12.3570(f) I Industrial District Conditional uses ................ 6.12.3550 Accessory uses ................. 6.12.3930 Permitted uses ................. 6.12.3540 Building design and construction 6.12.3950 Municipal buildings.......... 6.12.3540(2) Architectural design.......... 6.12.3950(6) Retail and service businesses . 6.12.3540(1) Design uniformity............ 6.12.3950(10) Purpose ........................ 6.12.3510 Form, scale and proportion ... 6.12.3950(2) Single control .................. 6.12.3530 Long £agades................. 6.12.3950(5) Site plan review ................ 6.12.3520 Mass and voids .............. 6.12.3950(4) B-4 Office and Professional Busi- Materials .................... 6.12.3950(9) ness District Monotony .................... 6.12.3950(7) Accessory uses ................. 6.12.3650 Roofs........................ 6.12.3950(8) Area, height, lot width, yard, Rooftop equipment ........... 6.12.3950(1) setback and design require- Unusual buildings ........... 6.12.3950(3) ments..................... 6.12.3660 Conditional uses................ 6.12.3920 Area ........................ 6.12.3660(a) General provisions........... 6.12.3920(a) Building design and construc- Required conditions and poli- tion .................... 6.12.3660(g) cies of a conditional use Drainage .................... 6.12.3660(h) permit.................. 6.12.3920(b) Fencing ...................... 6.12.3660(f) Drainage....................... 6.12.3990 Front yards .................. 6.12.3660(c) Landscaping ................... 6.12.3980 Height ...................... 6.12.3660(i) Design ...................... 6.12.3980(g) Lot width .................... 6.12.3660(b) Detention ponds ............. 6.12.3980(k) Rear yards ................... 6.12.3660(d) Fencing...................... 6.12.3980(b) Setback requirements........ 6.12.3660(e) General provisions........... 6.12.3980(a) Conditional uses ................ 6.12.3640 Ground areas under building Permitted uses ................. 6.12.3630 roof overhangs.......... 6.12.39800) Purpose ........................ 6.12.3610 Irrigation systems............ 6.12.39800) Site plan review ................ 6.12.3620 Landscape guarantee......... 6.12.3980(m) B-5 Limited Neighborhood Business Minimum number of plantings 6.12.3980(c) District Minimum planting size ....... 6.12.3980(d) Accessory uses ................. 6.12.3750 Seeding and sod ............. 6.12.3980(h) Area, height, lot width, setback Slopes and berms ............ 6.12.3980(i) requirements and design Spacing ..................... 6.12.3980(e) requirements .............. 6.12.3760 Types of new trees ........... 6.12.3980(f) Area ........................ 6.12.3760(a) Lighting ....................... 6.12.4000 Building design and construc- Architectural/historical light tion .................... 6.12.3760(g) fixtures................. 6.12.4000(3) Drainage .................... 6.12.3760(h) Height of source and pole..... 6.12.4000(5) Fencing ...................... 6.12.3760(f) Hours....................... 6.12.4000(8) Front yards .................. 6.12.3760(c) Intensity .................... 6.12.4000(6) Height ...................... 6.12.3760(i) Light poles .................. 6.12.4000(4) Lot width .................... 6.12.3760(b) Lighting adjacent property ... 6.12.4000(2) Rear yards ................... 6.12.3760(d) Lighting cutoff ............... 6.12.4000(1) Setback requirements........ 6.12.3760(e) Location ..................... 6.12.4000(7) Conditional use ................. 6.12.3740 Loading........................ 6.12.3970 Permitted uses ................. 6.12.3730 Lot area, height, setbacks, and lot Purpose ........................ 6.12.3710 coverage .................. 6.12.3940 Site plan review ................ 6.12.3720 Off-street parking .............. 6.12.3960 B-6 Highway Commercial District Circulation .................. 6.12.3960(h) Accessory uses ................. 6.12.3860 Computation................. 6.12.3960(f) CDi:27 ORONO CODE Section Section ZONING REGULATIONS (Cont'd.) ZONING REGULATIONS (Cont'd.) Curb cut size ................ 6.12.39600) Area, height, lot width, setback, Deferment of parking ........ 6.12.3960(q) and yard requirements .. 6.12.1650 Floor area ................... 6.12.3960(e) Conditional uses............. 6.12.1620 General provisions ........... 6.12.3960(a) Increased density requirements 6.12.1640 Grade ....................... 6.12.3960(k) Permitted uses............... 6,12.1610 Landscaped islands .......... 6.12.3960(o) PRD Planned Residential District Lighting ..................... 6.12.3960(m) Council discretion .............. 6.12.3030 Number of uses .............. 6.12.3960(b) Dedication of open space ........ 6.12.3050 Parking size ................. 6.12.3960(i) Final approval.................. 6.12.3080 Required parking ............ 6.12.3960(d) Hearings ....................... 6.12.3070 Required screening........... 6.12.3960(n) Open space ..................... 6.12.3040 Setbacks ..................... 6.12.3960(c) Purpose........................ 6.12.3010 Signs ........................ 6.12.3960(p) Site plan....................... 6.12.3060 Snow storage in parking stalls 6.12.3960(g) Subdivision requirements ....... 6.12.3090 Surfacing6.12.3960(1) ' ' Submission of plans ............ 6.12,3020 Permitted uses 6.12.3910 R-lA One -Family Residential District ................ ................. Purpose and review of building Accessory uses ................. 6.12,1040 Area, height, lot width, setback, permit applications ........ 6.12.3900 and yard requirements..... 6.12.1050 All buildings in I district Conditional uses ................ 6.12.1030 required to be on platted Permitted uses................. 6.12,1020 lots ..................... 6.12.3900(f) Purpose ........................ 6.12.1010 Certificate of occupancy ...... 6.12.3900(d) R-113 One -Family Residential District Determination of use......... 6.12.3900(c) Accessory uses ................. 6.12.1140 Existing land uses ........... 6.12.3900(e) Area height, lot width, setback. General provisions ........... 6.12.3900(a) and yard requirements.... 6.12.1150 Site plan review ............. 6.12.3900(b) Conditional uses................ 6.12.1130 Signage........................ 6.12.4010 Permitted uses ................. 6.12.1120 Interpretation and application of Purpose ........................ 6,12.1110 zoning district uses .......... 6.12.910 RPUD Residential Planned Unit Lakeshore residential districts Development District LR-lA One -Family Lakeshore Accessory uses 6.12.3150 Residential District Amendments ................... 6.12.3190 Accessory uses ............... 6.12.1340 Conditional uses................ 6.12.3140 Area, height, lot width, Assisted living facilities ...... 6.12.3140(2) setbacks, and yard Public service structures ..... 6.12.3140(1) requirements ........... 6.12.1350 Development standards......... 6.12.3160 Conditional uses ............. 6.12.1330 Architectural standards ...... 6.12.3160(15) Permitted uses ............... 6.12.1320 Building permits............. 6.12.3160(18) Purpose ..................... 6.12.1310 Density...................... 6.12.3160(4) LR-113 One -Family Lakeshore Development standards for Residential District attached and multifamily Accessory uses ............... 6.12.1440 dwelling structures...... 6.12.3160(7) Area, height, lot width, setback, Development standards for and yard requirements .. 6.12.1450 single-family detached Conditional uses ............. 6,12.1430 dwellings in the RPUD Permitted uses ............... 6.12.1420 district................. 6.12.3160(8) Purpose ..................... 6.12.1410 Flexibility ................... 6.12.3160(16) LR-IC One -Family Lakeshore Floor area ratio .............. 6.12.3160(6) Residential District General regulations applicabil- Accessory uses ............... 6.12.1540 ity ..................... 6.12.3160(19) Area, height, lot width, setback, Incentives ................... 6.12.3160(5) and yard requirements .. 6.12.1550 Landscaping, screening and Conditional uses ............. 6.12.1530 buffering ............... 6.12.3160(14) Permitted uses ............... 6.12.1520 Lighting standards........... 6.12.3160(20) Purpose ..................... 6.12.1510 Minimum area; shoreland LR-1C-1 One -Family Lakeshore district limitation ....... 6.12.3160(1) Residential District More than one building allowed 6.12.3160(9) Accessory uses ............... 6.12.1630 Ownership................... 6.12.3160(12) CDi:28 CODE INDEX Section Section ZONING REGULATIONS (Cont'd.) ZONING REGULATIONS (Cont-d.) Private recreational area ..... 6.12.3160(11) Future amendments ............ 6.12.1920 Sewer availability............ 6.12.3160(3) Garbage removal and sanitation. 6.12.2050 Signage ..................... 6.12.3160(13) Hardcover regulations .......... 6.12.2010 Single housing type permitted 6.12.3160(10) Lot area requirements .......... 6.12.1980 Traffic studies ............... 6.12.3160(17) Conforming record lot inven- Trails ....................... 6.12.3160(21) tory .................... 6.12.1980(5) Uses ........................ 6.12.3160(2) Record lot definition.......... 6.12.1980(1) Exceptions ..................... 6.12.3120 Subdividable record lot inven- Permitted uses ................. 6.12.3130 tory.................... 6.12.1980(4) Purpose ........................ 6.12.3110 Subdivision of record lots..... 6.12.1980(3) Review of application; procedures 6.12.3170 Substandard buildable record Basis for approval; conditions. 6.12.3170(g) lot inventory............ 6.12.1980(6) Concept plan review .......... 6.12.3170(a) Substandard unbuildable record Development agreement/ lot exception ............ 6.12.1980(8) financial guarantee ..... 6.12.3170(c) Substandard unbuildable record Final site and building plan .. 6.12.3170(d) lot inventory............ 6.12.1980(7) Master development plan and Tax parcel combination required 6.12.1980(2) rezoning ................ Simultaneous review ......... 6.12.3170(b) 6.12.3170(f) Lot width requirements......... 6.12.1990 Substantial compliance....... 6.12.3170(e) Nonconformities ................ 6.12.1930 Term of approval ............... 6.12.3180 Nonconforming substandard RR -IA One -Family Rural Residential buildings or structures .. 6.12.1930(c) District Nonconforming substandard g Accessory uses ................. 6.12.1740 properties .............. 6.12.1930(b) Area, height, lot width, setback, Nonconforming uses.......... 6.12.1930(a) and yard requirements..... 6,12.1750 On -site sewage treatment systems 6.12.2040 Conditional uses ................ 6.12.1730 Alternate devices ............ 6.12.2040(3) Permitted uses ................. 6.12.1720 On -site sewage treatments Purpose ........................ 6.12.1710 systems required........ 6.12.2040(4) RR-1B One -Family Rural Residential Outhouses permitted ......... 6.12.2040(2) District Owner's responsibility........ 6.12.2040(5) Accessory uses ................. 6.12.1840 Systems not required......... 6.12.2040(1) Area, height, lot width, setback, Open burning prohibited ........ 6.12.2060 and yard requirements..... 6.12.1850 Permit for private improvements Conditional uses ................ 6.12.1830 within public rights -of -way. 6.12.1970 Interim uses ................... 6.12.1860 Dockage on right-of-way...... 6.12.1970(2) Permitted uses ................. 6.12.1820 Encroachments prohibited.... 6.12.1970(3) Purpose ........................ 6.12.1810 Hold harmless............... 6.12.1970(7) RS Seasonal Recreational District Land alterations ............. 6.12.1970(1) Accessory uses ................. 6.12.1960 Permit exceptions............ 6.12.1970(4) Adoption of official record lot map Permit hearing and notice .... 6.12.1970(8) and listing ................ 6.12.2080 Permit limitations............ 6.12.1970(6) Building construction standards. 6.12.2030 Public use limited ............ 6.12.1970(5) Additional building security Permitted uses ................. 6.12.1940 requirements ........... 6.12.2030(7) Purpose ........................ 6.12.1910 Additional fire protection Tree removal regulations........ 6.12.2070 system requirements .... 6.12.2030(6) Yard and setback requirements.. 6.12.2000 Foundations required......... 6.12.2030(1) Enforcement ........................ 6.12.040 Minimum dwelling area Floodplain management required ................ 6.12.2030(2) Administration Minimum dwelling width City administrator .............. 6.12.5510 required ................ 6.12.2030(3) Conditional uses................ 6.12,5540 Minimum plumbing require- Administrative review........ 6.12.5540(a) ments.................. 6.12.2030(5) Conditions attached to Minimum roof requirements.. 6.12.2030(4) conditional use permits.. 6.12.5540(c) Building height ................. 6.12.2020 Factors used in decision-mak- Conditional uses ................ 6.12.1950 ing..................... 6.12.5540(b) Easement for non -riparian lake Submittal of final decisions to access ..................... 6.12.2090 the DNR................ 6.12.5540(e) CDi:29 ao (0 ORONO CODE Section Section ZONING REGULATIONS (Cont'd.) ZONING REGULATIONS (Cont'd.) Submittal of hearing notices to General Floodplain District (GF) the department of natural Permitted uses ................. 6.12.5110 resources (DNR) ........ 6.12.5540(d) Procedures for floodway and flood Permit requirements............ 6.12.5520 fringe determinations...... 6.12.5120 Application for permit ........ 6.12.5520(b) Land development standards Certificate of city compliance Applicability to land ............ 6.12.5210 for a new, altered, or Building sites .................. 6.12.5230 nonconforming use...... 6.12.5520(c) Subdivisions ................... 6.12.5220 Certification ................. 6.12.5520(d) Manufactured homes, manufactured Notification to FEMA when home parks, and recreational physical changes increase vehicles or decrease base flood Manufactured homes ........... 6.12,5410 elevations .............. 6.12.5520(g) Recreational vehicles ........... 6.12.5420 Notifications for watercourse Nonconformities alterations .............. 6.12.5520(f) Continuance of nonconformities . 6.12.5610 Permit required .............. 6.12.5520(a) Penalties and enforcement Record of first floor elevation . 6.12.5520(e) Enforcement ................... 6.12.5730 Variances and appeals .......... 6.12.5530 Other lawful action ............. 6.12.5720 Additional variance criteria... 6.12.5530(c) Violation constitutes a Adherence to state floodplain misdemeanor .............. 6.12.5710 management standards.. 6.12.5530(b) Public utilities, railroads, roads, and Appeals ..................... 6.12.5530(i) bridges Flood insurance notice 6.12.5530(d) On -site water supply and sewage ....... General considerations....... 6.12.5530(e) treatment systems......... 6.12.5330 Public transportation facilities .. 6.12.5320 Record -keeping p g ' ' ' ' ' ' ' ' ' ' ' ' ' ' 6.12.5530(h) Public utilities ................. 6.12.5310 Submittal final decisions to Statutory authorization, findings of the DNR................ 6.12.5530(g) fact and purpose Submittal of hearing notices to Abrogation and greater restric- the department of natural tions ...................... 6.12.4660 resources (DNR) ........ 6.12.5530(f) Annexations .................... 6.12.4700 Variance applications......... 6.12.5530(a) Definitions ..................... 6.12.4690 Amendments Detachments ................... 6.12.4710 Amendments require DNR How to use this article .......... 6.12.4610 approval .................. 6.12.5820 Incorporation of maps by refer- Floodplain designation; restric- ence ...................... 6.12.4630 tions on removal........... 6.12.5810 Interpretation .................. 6.12.4650 Map revisions require ordinance Lands to which article applies ... 6.12.4620 amendments .............. 6.12.5830 Purpose........................ 6.12.4520 Establishment of zoning districts Regulatory flood protection eleva- Applicability ................... 6.12.4820 tion....................... 6.12.4640 Districts ....................... 6.12.4810 Severability.................... 6.12.4680 Flood Fringe District ......... 6.12.4810(b) Statutory authorization ......... 6.12.4510 Floodway District ............ 6.12.4810(a) Warning and disclaimer of liability 6.12.4670 General Floodplain District... 6.12.4810(c) Highway 12 Corridor Study Area Flood Fringe District (FF) Special requirements for rezoning Conditional uses ................ 6.12.5030 Access and circulation plan ..... 6.12.4420 Permitted uses ................. 6.12.5010 Available zoning districts ....... 6.12.4450 Standards for flood fringe Building design and construction 6.12.4460 conditional uses ........... 6.12.5040 Minimum area ................. 6.12.4410 Standards for flood fringe permit- Requirement of development ted uses ................... 6.12,5020 agreement ................ 6.12.4470 Floodway District (FW) Sanitary sewer and municipal Conditional uses ................ 6.12.4930 water availability.......... 6.12.4430 Permitted uses ................. 6.12.4910 Stormwater management ....... 6.12.4440 Standards for floodway conditional Interim uses uses ...................... 6.12,4940 Land alterations Standards for floodway permitted Interim use permit required..... 6.12.9420 uses ...................... 6.12.4920 Purpose and intent............. 6.12.9410 CDi:30 cfl CODE INDEX Section Section ZONING REGULATIONS (Cont'd.) ZONING REGULATIONS (Cont'd.) Permit Conditional uses ................ 6.12.6150 Application procedure........... 6.12.9520 Conditions attached to Definition, purpose and intent... 6.12.9510 conditional use permits.. 6.12.6150(2) Interim use defined .......... 6.12.9510(a) Evaluation criteria........... 6.12.6150(1) Purpose and intent........... 6.12.9510(b) Enforcement ................... 6.12.6110 Effect of permit ................. 6.12.9540 Land alteration and building Standards and conditions ....... 6.12.9530 permits required .......... 6.12.6120 Termination .................... 6.12.9550 Nonconformities................ 6.12.6170 Measurement of distances............ 6.12.020 Additions/expansions to Minimum requirements .............. 6.12.060 nonconforming structures 6.12.6170(2) More restrictive provisions to apply... 6.12.070 Construction on nonconform- Planned Unit Development (PUD) ing lots of record........ 6.12.6170(1) Allowed uses ...................... 6.12.4220 Nonconforming sewage treat - Authorization ..................... 6.12.4210 mentsystems ........... 6.12.6170(3) Applicability ................... 6.12.4210(6) Notifications to the department Density transfer ................ 6.12.4210(4) of natural resources ....... 6.12.6160 District integration ............. 6.12.4210(5) Variances ...................... 6.12.6140 Efficiency ...................... 6.12.4210(3) Adoption of official map and Sensitivity ..................... 6.12.4210(2) interpretation of district Variety ......................... 6.12.4210(1) boundaries .................. 6.12.5990 Control of planned unit develop- Amendments ..................... 6.12.5940 ment following completion .... 6.12.4270 Classification of public waters ..... 6.12.5970 Coordination with subdivision regula- Compliance ....................... 6.12.5960 tions ........................ 6.12.4240 Definitions ....................... 6.12.5910 Phasing and guarantee of Establishment of SD Shoreland performance ................. 6.12.4260 Overlay District.............. 6.12.5980 Planned unit development No.2— Jurisdiction ....................... 6.12.5950 Dunbar PUD ................ 6.12.4290 PRD/PUD standards Allowable uses ................. 6.12.4290(d) Application for a planned Development standards......... 6.12.4290(e) residential development.... 6.12.6540 Incorporated herein by reference 6.12.4290(c) Centralization and design of facili- Legal description ............... 6.12.4290(a) ties....................... 6.12.6600 Referenced individually ......... 6.12.4290(b) Commercial PUDs .............. 6.12.6520 Planned unit development No.4— Conversion ..................... 6,12.6610 Dahlstrom Development Erosion control and stormwater Corporation PUD ............ 6.12.4300 management .............. 6.12.6590 Allowable uses ................. 6.12.4300(c) Maintenance and administration Development standards ......... 6.12.4300(d) requirements .............. 6.12.6570Development, Incorporated herein by reference 6.12.4300(b) organization and Legal description ............... 6.12.4300(a) un functioning ............. 6.12.6570(c) Procedure for processing a planned .......... .. Generally ....... 6.12.6570(a) unit development ............ 6.12.4280 Open space preservation...... 6.12.6570(b) Application conference .......... 6.12.4280(a) Ope Open space requirements ....... 6.12.6580 development stage. 6.12.4280(f) PRD allowable density evalua- Applications; general concept stage 6.12.4280(e) tion ....................... Processing of residential planned 6.12.6560 Development stage ............. 6.12.4280(d) unit developments ......... 6.12.6530 Purpose ........................ 6.12.4280(b) Site -suitable area evaluation.... 6.12.6550 Schedule ....................... 6.12.4280(c) Types of allowed planned develop - Required standards ............... 6.12.4230 ments..................... 6.12.6510 Revisions and/or changes .......... 6.12.4250 Riparian access and rights......... 6.12.6020 Prohibitions ......................... 6.12.080 Shoreland Overlay District standards Purpose ............................. 6.12.050 Agricultural use standards...... 6.12.6350 Guiding principles ................ 6.12.050(a) Driveways, stairways, lifts and Intent and purpose ................ 6.12.050(b) landings .................. 6.12.6270 Shoreland management Extractive use standards........ 6.12.6370 Administration and enforcement Setbacks for processing Certificate of zoning compliance. 6.12.6130 machinery .............. 6.12.6370(2) CDi:31 ti ORONO CODE Section Section ZONING REGULATIONS (Cont'd.) ZONING REGULATIONS (Cont'd.) Site development and restora- Shared driveways ............... 6.12.9130 tion plan ............... 6.12.6370(1) Standard hardcover exclusions 6.12.9150 Forest management standards .. 6.12.6360 Standard hardcover inclusions 6.12.9140 General standard; greater restric- Variances ...................... 6,12.9170 tion ....................... 6.12.6210 Purpose .......................... 6.12.9010 Hardcover limitations........... 6,12.6330 Regulations based on assigned protec- Height of structures ............ 6.12.6290 tion tier and underlying zoning Lakeshore access lots ........... 6.12.6230 Specific tier regulations ......... 6.12.9210 Minimum lot area/lot width Tier 1 parcels ................ 6.12.9210(1) standards ................. 6.12.6220 Tier 2 parcels................ 6.12.9210(2) Minimum lowest floor elevations 6.12.6250 Tier 3 parcels ................ 6.12.9210(3) New public and private roads ... 6.12.6310 Tier 4 parcels ................ 6.12.9210(4) Placement of buildings and Tier 5 parcels ................ 6.12.9210(5) structures on lots.......... 6.12.6240 Tier assignment methodology ... 6.12.9220 Additional building and Supplementary requirements and structure setbacks ...... 6.12.6240(2) restrictions Average lakeshore setback.... 6.12.6240(6) Accessory buildings and structures Bluff impact zones ........... 6.12.6240(3) Accessory buildings and structures Building, structure, and on- on through lots ............ 6.12.7010 site sewerage system Accessory dwelling units ........ 6.12.7030 setbacks (in feet) from Performance standards ....... 6.12.7030(2) ordinary high-water level 6.12.6240(1) Permit requirements ......... 6.12.7030(3) Fences, docks, retaining walls. 6.12.6240(5) Purpose ..................... 6.12.7030(1) Uses without water -oriented Building placement ............. 6.12.7070 needs ................... 6.12.6240(4) Building size restrictions........ 6.12,7040 Sewage treatment .............. 6.12.6390 Exterior materials.............. 6.12.7080 Significant historic sites ........ 6.12.6400 Garages on lake lots ............ 6.12.7050 Standards for commercial, public Plumbing ...................... 6,12.7060 and semipublic uses ....... 6.12.6340 Time of construction ............ 6.12.7020 Steep slopes .................... 6.12.6280 Alternative energy systems........ 6.12.6840 Stormwater management ....... 6.12.6320 Definitions ..................... 6.12.6840(c) Vegetation alterations .......... 6.12.6300 Ground source heat pump systems 6.12.6840(d) Intensive vegetation clearing . 6.12.6300(b) Hydronic furnaces .............. 6,12.6840(g) Tree removal and replacement 6.12.6300(a) Purpose and intent ............. 6.12.6840(b) Water supply ................... 6.12.6380 Scope.......................... 6,12.6840(a) Water -oriented accessory Solar energy systems ........... 6.12.6840(e) structures ................. 6.12.6260 Wind energy conversion systems 6,12.6840(f) Statement of purpose .............. 6,12.5920 Combination of separated parcels Statutory authorization ........... 6.12.5930 prohibited ................... 6.12.6720 Subdivision/platting provisions .... 6.12.6010 Communication reception/transmis- Consistency with other controls . 6.12.6010(b) sion devices .................. 6.12.6830 Dedications .................... 6.12.6010(d) Accessory antennas............. 6,12.6830(a) Information requirements....... 6.12.6010(c) Amateur shortwave radio anten- Lakeshore access lots........... 6.12.6010(e) nas and towers............ 6.12.6830(b) Land suitability ................ 6.12.6010(a) Drive-ins ......................... 6.12.6790 Zoning district compliance with Fencing ........................ 6.12.6790(1) minimum requirements ...... 6.12.6000 Lighting ....................... 6.12.6790(2) Stormwater quality overlay district Dwelling use prohibited ........... 6.12.6770 Adoption of the stormwater quality Fallout and blast shelters.......... 6.12,6800 overlay district map.......... 6.12.9020 Gas stations ...................... 6.12.6780 District application ................ 6.12.9030 Curbs .......................... 6.12.6780(4) General regulations for all parcels Drainage ....................... 6.12.6780(3) within the stormwater quality Driveways ...................... 6.12.6780(7) overlay district Fencing ........................ 6.12.6780(1) Driveways generally............ 6.12.9120 Lighting ....................... 6.12.6780(5) Hardcover restriction zones ..... 6.12.9110 Number limited ................ 6.12.6780(10) Massing standards ............. 6,12.9160 Pumps......................... 6.12.6780(6) Industrial zoning district..... 6.12.9160(b) Sales prohibited ................ 6.12.6780(9) Non -industrial zoning districts 6.12.9160(a) Signs .......................... 6.12.6780(8) CDi:32 ti CODE INDEX Section Section ZONING REGULATIONS (Cont'd.) ZONING REGULATIONS (Cont'd.) Surfacing ...................... 6.12.6780(2) Setbacks for parking ......... 6.12.7510 Grading and land alterations B districts ................. 6.12.7510(2) Information required ........... 6.12.7910 I Industrial Districts....... 6.12.7510(3) Interim use permit requirements 6.12.7940 R districts ................. 6.12.7510(1) Permit required ................ 6,12.7920 Storage prohibited ........... 6.12.7540 Purpose ........................ 6.12.7900 Regulatory signs ............... 6.12.7440 Standards for issuance.......... 6.12.7930 Residential driveways, approaches Height of structures ............... 6.12.6710 and turnarounds .......... 6.12.7420 Home occupations ................. 6.12.6810 One principal building per lot...... 6.12.6730 Conformance required .......... 6.12.6810(b) Performance standards Home occupation regulations .... 6.12.6810(d) Density ........................ 6.12.7720 License required for Level 2 home Drainage ....................... 6.12.7840 occupations ............... 6.12.6810(c) Explosives ..................... 6.12.7790 Prohibited home occupations .... 6.12.6810(e) Exterior storage in R districts ... 6.12.7820 Purpose ........................ 6.12.6810(a) Definitions .................. 6.12.7820(1) Reasonable accommodation for Parking regulated............ 6.12.7820(2) disabled persons........... 6.12.6810(f) Prohibited material storage... 6.12.7820(6) Lots to face streets ................ 6.12.6740 Prohibited parking or storage. 6.12.7820(5) Off-street parking and loading Storage of boats and boat trail- Business driveways, approaches ers ..................... 6.12.7820(4) and turnarounds .......... 6.12.7430 Vehicle storage ............... 6.12.7820(3) General provisions .............. 6.12.7410 Glare or heat ................... 6.12.778 0 Application of parking rules in nanc nano Maintee................... 6.12.781780 all districts ............. 6.12.7410(b) Noise .................... Odors, solid matter ............. 6.12.70 6.12.7760 Commercial vehicle parking .. 6.12.7410(h) Radiation, electrical disturbance. 6.12.7860 Existing parking not to be Screening ...................... 6.12.7800 reduced ................. 6.12.7410(d) Smoke, particulate matter ...... 6.12.7740 Floor area ................... 6.12.7410(e) Standards for all districts ....... 6.12.7710 Location of parking .......... 6.12.7410(i) Toxic or noxious matter ......... 6.12.7750 Parking requirements waived Traffic control .................. 6.12.7850 for buildings under Vibration ...................... 6.12.7770 construction on September Waste materials ................ 6.12,7830 14, 1967................ 6.12.7410(c) Sexually oriented businesses....... 6.12.6820 Purpose of off-street parking Definitions ..................... 6.12.6820(b) and loading requirements 6.12.7410(a) Purpose ........................ 6.12.6820(a) Seating facilities ............. 6.12.7410(f) Regulations .................... 6.12.6820(c) Size of parking spaces ........ 6.12.7410(g) Sign code Loading Allocation of permanent signs on Access to loading berths ...... 6.12.7640 multitenant development Application of loading rules to sites ...................... 6.12.7260 all districts ............. 6.12.7610 Freestanding signs on multi - Location of loading berths .... 6.12.7620 tenant buildings and Required loading berths...... 6.12.7670 properties .............. 6.12.7260(2) Size of loading berths ........ 6.12.7630 Multitenant buildings and Storage prohibited ........... 6.12.7660 properties sign allocation 6.12.7260(1) Surfacing of loading berths ... 6.12.7650 Appeals process ................ 6.12.7180 Parking Application process ............. 6.12.7160 Control of parking facilities... 6.12.7530 Changeable message sign ....... 6.12.7250 Design and maintenance of Definitions ..................... 6.12.7150 parking areas........... 6.12.7550 Exempt signs ................... 6.12.7210 Access .................... 6.12.7550(a) Fees ........................... 6.12.7190 Curbing ................... 6.12.7550(f) Findings....................... 6.12.7130 Fractional spaces.......... 6.12.7550(b) Inspection and enforcement..... 6.12.7200 Lighting .................. 6.12.7550(e) Impoundment of signs on public Signs ..................... 6.12.7550(c) property or within public Surfacing ................. 6.12.7550(d) right-of-way ............ 6.12.7200(3) Joint parking ................ 6.12.7520 Inspection authority.......... 6.12.7200(1) Required off-street parking... 6.12.7560 Signs in disrepair............ 6.12.7200(2) CDi:33 ti ORONO CODE Section Section ZONING REGULATIONS (Cont'd.) ZONING REGULATIONS (Cont'd.) Maintenance and repair......... 6.12.7290 Vacation of streets, alleys and public Building permit .............. 6.12.7290(3) grounds........................ 6.12.090 Sign permit not required ..... 6.12,7290(1) Violations ........................... 6.12.030 Sign permit required ......... 6.12.7290(2) Wetlands protection Nonconforming signs ........... 6.12.7300 Buffer areas Loss of nonconforming land use 6.12.7300(5) Wetland buffer areas and setbacks 6.12.8210 Loss of nonconforming status . 6.12.7300(6) Designation of protected wetlands Nonconforming sign continu- Boundaries of the wetland overlay ance .................... 6.12.7300(1) districts and designation of Nonconforming sign damaged official city wetland map ... 6.12.8120 or destroyed ............ 6.12.7300(3) Interpretation of wetlands Nonconforming sign discontinu- boundaries ................ 6.12.8130 ance .................... 6.12.7300(2) Delineation required ......... 6.12.8130(2) Sign regulation conformance.. 6.12.7300(4) Delineation types ............ 6.12,8130(1) Permitted sign type, area, height, Wetland types .................. 6.12.8110 and illumination by sign Purpose and intent ................ 6.12.8010 district 6.12.7240 Standards for the wetland overlay .................... Adult use signs .............. 6.12.7240(5) district, buffer areas and Awnings and canopies........ 6.12.7240(4) neighboring lands Alteration of wetlands .......... 6.12.8430 Monument signs ............. 6.12.7240(2) Authority/enforcement actions... 6.12.8460 Service area canopy .......... 6.12.7240(3) Public control of wetlands ....... 6.12.8440 Wall sign .................... W 6.12.7240(l) Removal of lands from the Prohibited signs ................ 6.12.7220 wetlands overlay district ... 6.12.8420 Purpose ........................ 6.12.7120 Standards...................... 6.12.8410 Recitals ........................ 6.12.7110 Nonconformities ............. 6.12.8410(3) Regulation by sign district ...... 6.12.7230 Protection of wetland buffer Review process ................. 6.12.7170 areas................... 6.12.8410(2) Scope of regulations ............ 6.12.7140 Protection of wetlands........ 6.12.8410(1) Severability .................... 6.12.7310 Violations ...................... 6.12.8450 Sign standard adjustments...... 6.12.7280 Uses Temporary on -premises signs.... 6.12.7270 Conditional uses ................ 6.12,8320 Grand openings .............. 6.12.7270(4) Permitted uses ................. 6.12.8310 Illumination ................. 6,12.7270(9) Zoning districts established; zoning map Location ..................... 6.12.7270(10) Annexations ...................... 6.12.860 Multitenant parcels .......... 6.12.7270(3) Boundaries ....................... 6.12.830 Residential, commercial, Districts .......................... 6.12.810 industrial developments. 6.12.7270(6) Map and legal descriptions ........ 6.12.820 Sale, rent, or lease space ..... 6.12.7270(5) Proceedings in boundary disputes.. 6.12.840 Sign installation ............. 6.12.7270(8) Vacations do not affect boundary Single occupant parcels....... 6.12.7270(2) lines ........................ 6.12.850 Temporary sign height ....... 6.12.7270(7) Temporary sign permit length 6.12.7270(1) Special standards for back lots cre- ated after January 1, 1994.... 6.12.6750 Traffic visibility ................... 6.12.6760 Yards and open spaces Additional yard provisions ...... 6.12.6950 B and I districts; adjacent lots 6.12.6950(2) Through lots ................. 6.12.6950(1) Application to only one dwelling or group .................. 6.12.6920 Lot coverage and massing standards ................. 6.12.6930 Calculation of massing ....... 6.12.6930(2) Maximum total footprints allowed ................. 6.12.6930(1) Permitted encroachments ....... 6.12.6940 Reduction prohibited............ 6.12.6910 CDi:34 M ti ti ti OFFICIALS of the CITY OF ORONO, MINNESOTA AT THE TIME OF THIS RECODIFICATION Bob Tunheim Mayor Alisa Benson Steve Persian Jacqueline Ricks Claire Berrett City Council Adam Edwards City Administrator Soren M. Mattick with Campbell Knutson City Attorneys Christine Lusian, MPA, MCMC City Clerk iii a 00 ti PREFACE This Code constitutes a recodification of the general and permanent ordinances of the City of Orono, Minnesota. Source materials used in the preparation of the Code were the 2003 Code, as supplemented through November 14, 2022, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 2003 Code, as supplemented, and any subsequent ordinance included herein. Acknowledgments This publication was under the direct supervision of Sandra S. Fox, Senior Code Attorney, and Howard George, Editor, of CivicPlus, LLC, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. The publisher is most grateful to Christine Lusian, MPA, MCMC, City Clerk, for her cooperation and assistance during the progress of the work on this publication. It is hoped that her efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs. Copyright All editorial enhancements of this Code are copyrighted by CivicPlus, LLC, and the City of Orono, Minnesota. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of CivicPlus, LLC, and the City of Orono, Minnesota. © Copyrighted material. CivicPlus, LLC, and the City of Orono, Minnesota. 2025. vii ti 0 00 TABLE OF CONTENTS Page Officials of the City at the Time of this Recodification ......... iii Current Officials (Reserved) ................................. v Preface..................................................... vii Adopting Ordinance (Reserved) CODE OF ORDINANCES Title I. Government Operation ................................... CD1:1 Ch. 1.04. General Provisions ........................ CD1:3 Ch. 1.08. Administration ............................ CD1:8 Art. I. In General .............................. CD1:8 Art. II. City Council ............................ CD1:9 Art. III. Officers and Employees ................. CD1:11 Div. 1. Generally ........................... CD1:11 Div. 2. City Administrator .................. CD1:14 Art. IV. Departments ........................... CD1:16 Art. V. Finance................................. CD1:20 Art. VI. Boards and Commissions ............... CD1:20 Ch. 1.12. Elections ................................. CD1:21 Ch. 1.16. Special Assessments ....................... CD1:21 II. Utilities ................................................ CD2:1 Ch. 2.04. Utilities Generally ........................ CD2:3 Art. I. In General .............................. CD2:3 Art. II. Public Utilities .......................... CD2:4 Art. III. City Utilities ........................... CD2:6 Div. 1. Generally ........................... CD2:6 Div. 2. Rates and Charges ................... CD2:10 Div. 3. Water Service ....................... CD2:11 Div. 4. Sewers and Sewage Disposal ......... CD2:14 Subdiv. I. In General ................... CD2:14 Subdiv. II. Discharge Restrictions ....... CD2:15 Div. 5. Storm Sewer System ................. CD2:18 Subdiv. I. In General (Reserved)......... CD2:18 Subdiv. II. Drainage and Erosion Control CD2:18 Subdiv. III. Stormwater Drainage Utility CD2:19 Subdiv. IV. Stormwater Trunk Fee....... CD2:21 Subdiv. V. Stormwater Illicit Discharge and Illicit Connection......... CD2:24 III. Streets, Parks and Other Public Property ............... CD3:1 Ch. 3.04. Streets, Sidewalks and Other Public Places. CD3:5 Art. I. In General .............................. CD3:5 xi 00 WITWWNI� Title Page Art. II. Fruoubiaea.............................. OI)3:10 Art. III. Construction, Repair and Improvement of Public Ways ............................ CD3:12 Art. D{ Right -of -Way Management .............. OD3:14 Art. l{ Vegetation .............................. CD3:25 Art. VI. Public I.ukeoborc` Lakeshore Rights -of - Way and Docks : * ... *.....*......* '..... CD8:26 0h. 3.08. Parks and Recreation ...................... CI)3:8I Art. I. lnGeneral (Beearped).................... CD8:31 Art. II. Park Commission ...... ......... ........ OI)3:31 /1rt.III. Public Conduct iuParks and Public Swim- ming /\rouo ............................ CD3:3I Art. IV 8omdal Regulations for Big Island Nature Purk................................... (]D3:34 IV Business, Licensing, Liquor Regulation .................. CI}4:1 Ch. 4.04. ]3ooineaouo................................ CI)4:5 Art. I. In General (Reoerved).................... CZ4:5 Art. II. Business Licenses ....................... CI}4:5 Art. III. IIuuzo Occupations ..................... CD4:8 Art. IV Rental Licensing ....................... 01}4:8 Ch. 4.08. Temporary Short -Term Merchants ......... Cl4]3 Art. I. In General .............................. Ol4:13 Art II. Li0000a................................. CD4:I5 Ch. 4.12. Massage Therapy Centers ................. CI}418 Art. I. In General .............................. Ol}4:I9 Art. II. Liceoyue................................ CL4:80 C6. 4.16. Alcoholic Beverages ....................... CD485 Art. I. In General .............................. OU4:25 Art. lI. Liuoneiug............................... CD4:26 Art. DI. 0oezutmoal Restrictions and Rogoira- ououta ................................. CD4:30 (]b. 4.20. Azuuonnueota and Entertainments .......... OI}4:32 Art. I. IoGeneral (Reeerrad).................... OI)4:32 Art. D. Bingo and Other Legalized Gambling .... O[4:32 Art. III. Mechanical Amusement Devices ........ OD4:32 Art. IV, Ghmpo and Similar Performances ........ CD4:33 Div. l. Generally ........................... OI}4:33 V. Public Protection ........................................ Ol}5:1 C6. 5.04. Emergency Sorvicee....................... CI)5:11 Art. I. IuGeneral (Reaerve6).................... CZy5:11 Art. ll. Ezuer0ouuy Management ................ OI}5:11 Art. DI. Alarm Systems ......................... OI)5:14 Oh. 5.08. Fire Prevention and Protection ............. CD5:16 Art. I. }oGeneral (Beouzved).................... OIX5:16 Art. I[. Fire Prevention and Fire Safety Standards CI)5:18 I}in l. Generally ........................... OD5:16 uii N 00 TABLE OF CONTENTS—Cont'd. Title Page Div. 3. Fire Lanes .......................... CD5:18 Ch. 5.12. Health and Sanitation ..................... CD5:19 Art. I. In General (Reserved) .................... CD5:19 Art. II. Tobacco ................................. CD5:19 Div. 1. Generally ........................... CD5:19 Div. 2. Dealer's License ..................... CD5:23 Ch. 5.16. Orono Tobacco -Free Parks and Workplaces Act....................................... CD5:25 Ch. 5.20. Solid Waste ............................... CD5:27 Art. I. In General (Reserved) .................... CD5:27 Art. II. Storage and Disposal .................... CD5:27 Art. III. Private Collectors ...................... CD5:28 Div. 1. Generally ........................... CD5:28 Div. 2. License ............................. CD5:29 Ch. 5.24. Environment .............................. CD5:29 Art. I. In General .............................. CD5:29 Art. II. On -Site Sewage Disposal ................ CD5:31 Div. 1. Generally ........................... CD5:31 Div. 2. Permitting .......................... CD5:34 Div. 3. Construction Inspections ............. CD5:37 Div. 4. Existing Systems .................... CD5:38 - Div. 5. Violations ........................... CD5:40 Div. 6. Additional Standards for Health and Environmental Protection ............ CD5:40 Div. 7. Enforcement ........................ CD5:42 Div. 8. Fees ................................ CD5:43 Div. 9. Severability ......................... CD5:43 Art. III. Noise .................................. CD5:43 Art. IV. Open Burning .......................... CD5:47 Div. 1. Generally ........................... CD5:47 Div. 2. Permit .............................. CD5:49 Ch. 5.28. Animals .................................. CD5:50 Art. I. In General .............................. CD5:50 Art. II. Administration and Enforcement ........ CD5:52 Div. 1. Generally ........................... CD5:52 Div. 2. Impoundment ....................... CD5:52 Art. III. Dogs and Cats ......................... CD5:53 Div. 1. Generally ........................... CD5:53 Div. 2. Kennels ............................. CD5:54 Subdiv. I. In General ................... CD5:54 Subdiv. II. License ...................... CD5:54 Art. IV. Dangerous Animals ..................... CD5:56 Div. 1. Generally (Reserved) ................. CD5:56 Div. 2. Permit .............................. CD5:56 Ch. 5.32. Traffic and Vehicles ....................... CD5:57 Art. I. In General .............................. CD5:57 Art. II. Administration and Enforcement ........ CD5:58 Art. III. Stopping, Standing and Parking......... CD5:59 Art. IV. Bicycles ................................ CD5:62 CV) 00 Title ORONO CODE Art. V Recreational Motor Vehicles .............. Art. VI. Special Events ......................... Art. VIII. Administrative Offenses and Penalties. Div. 1. Generally ........................... Div. 2. Specific Offenses ..................... Ch. 5.36. Offenses and Miscellaneous Provisions ..... Art. I. In General .............................. Art. II. Offenses Involving Property Rights ...... Art. Ill. Offenses Involving Public Safety ........ Div. 1. Generally ........................... Div. 2. Weapons and Explosives ............. Subdiv. I. In General ................... Subdiv. II. Permits ..................... Art. IV Offenses Involving Public Peace and Order Art. V. Offenses Involving Public Morals ......... Div. 1. Generally ........................... Div. 2. Controlled Substances ............... Div. 3. Alcohol .............................. Art. VI. Juvenile Curfew ........................ Art. VII. Sexual Predator Residency Restrictions. VI. Land Use .............................................. Ch. 6.04. Planning Commission ..................... Ch. 6.08. Reimbursement of Development Costs, Escrows.................................. Ch. 6.12. Zoning Regulations ........................ Art. I. In General .............................. Art. 11. Administration and Enforcement ........ Div. 1. Generally ........................... Div. 2. Nonconforming Uses and Related Mat- ters................................. Div. 3. Appeals and Variances ............... Subdiv. I. In General ................... Subdiv. II. Variances .................... Div. 4. Site Plan Review .................... Art. III. Zoning Districts Established; Zoning Map Art. IV. District Regulations .................... Div. 1. Generally ........................... Div. 2. R-1A One -Family Residential District. Div. 3. R-113 One -Family Residential District. Div. 4. Lakeshore Residential Districts ...... Subdiv. I. In General (Reserved)........ . Subdiv. II. LR-1A One -Family Lakeshore Residential District .......... Subdiv. 111. LR- 1B One -Family Lakeshore Residential District ......... Subdiv. IV LR-IC One -Family Lakeshore Residential District......... . Subdiv. V. LR-1C-1 One -Family Lakeshore Residential District.......... . Page CD5:63 CD5:65 CD5:69 CD5:69 CD5:70 CD5:71 CD5:71 CD5:72 CD5:73 CD5:73 CD5:74 CD5:74 CD5:75 CD5:77 CD5:77 CD5:77 CD5:77 CD5:79 CD5:81 CD5:83 CD6:1 CD6:17 CD6:17 CD6:19 CD6:19 CD6:31 CD6:31 CD6:35 CD6:40 CD6:40 CD6:41 CD6:44 CD6:46 CD6:47 CD6:47 CD6:47 CD6:51 CD6:54 CD6:54 CD6:54 CD6:59 CD6:63 CD6:69 xiv V ao TABLE OF CONTENTS-Cont'd. Title Page Div. 5. RR-lA One -Family Rural Residential District ............................. CD6:76 Div. 6. RR-113 One -Family Rural Residential District ............................. CD6:82 Div. 7. RS Seasonal Recreational District .... CD6:89 Div. 8. PRD Planned Residential District .... CD6:104 Div. 9. RPUD Residential Planned Unit Development District ................ CD6:105 Div. 10. B-1 Retail Sales Business District ... CD6:119 Div. 11. B-2 Lakeshore Business District..... CD6:123 Div. 12. B-3 Shopping Center Business District CD6:130 Div. 13. B-4 Office and Professional Business District ............................ CD6:134 Div. 14. B-5 Limited Neighborhood Business District ............................ CD6:137 Div. 15. B-6 Highway Commercial District ... CD6:140 Div. 16. I Industrial District ................ CD6:147 Art. V. Conditional Uses ........................ CD6:158 Div. 1. Generally (Reserved) ................. CD6:158 Div. 2. Permit .............................. CD6:158 Div. 3. Requirements for Specific Uses ....... CD6:161 Art. VI. Planned Unit Development (PUD) ....... CD6:161 Art. VII. Highway 12 Corridor Study Area ....... CD6:168 Div. 1. Generally (Reserved) ................. CD6:168 Div. 2. Special Requirements for Rezoning ... CD6:168 Art. VIII. Floodplain Management ............... CD6:170 Div. 1. Statutory Authorization, Findings of Fact and Purpose .................... CD6:170 Div. 2. General Provisions ................... CD6:170 Div. 3. Establishment of Zoning Districts .... CD6:175 Div. 4. Floodway District (FW) .............. CD6:175 Div. 5. Flood Fringe District (FF) ............ CD6:177 Div. 6. General Floodplain District (GF) ..... CD6:180 Div. 7. Land Development Standards ........ CD6:181 Div. 8. Public Utilities, Railroads, Roads, and Bridges ............................. CD6:182 Div. 9. Manufactured Homes, Manufactured Home Parks, and Recreational Vehicles CD6:183 Div. 10. Administration ..................... CD6:184 Div. 11. Nonconformities .................... CD6:187 Div. 12. Penalties and Enforcement.......... CD6:188 Div. 13. Amendments ....................... CD6:189 Art. IX. Shoreland Management ................. CD6:189 Div. 1. Generally ........................... CD6:189 Div. 2. Administration and Enforcement ..... CD6:195 Div. 3. Shoreland Overlay District Standards CD6:197 Div. 4. PRD/PUD Standards ................. CD6:205 Art. X. Supplementary Requirements and Restric- tions .................................... CD6:209 Div. 1. Generally ........................... CD6:209 xv Title ORONO CODE Page Div. 2. Yards and Open Spaces .............. CD6:228 Div. 3. Accessory Buildings and Structures ... CD6:233 Div. 4. Sign Code ........................... CD6:236 Div. 5. Off -Street Parking and Loading ...... CD6:247 Subdiv. I. In General ................... CD6:247 Subdiv. 11. Parking ..................... CD6:249 Subdiv. Ill. Loading .................... CD6:251 Div. 6. Performance Standards .............. CD6:252 Div. 7. Grading and Land Alterations ........ CD6:258 Art. XI. Wetlands Protection .................... CD6:260 Div. 1. Generally ........................... CD6:260 Div. 2. Designation of Protected Wetlands .... CD6:260 Div. 3. Buffer Areas ........................ CD6:263 Div. 4. Uses ................................ CD6:263 Div. 5. Standards for the Wetland Overlay District, Buffer Areas and Neighboring Lands ............................... CD6:264 Art. XII. Conservation Design ................... CD6:267 Div. 1. Generally ........................... CD6:267 Div. 2. Basic Application and Plan Require- ments ............................... CD6:269 Div. 3. Density Bonus Standards ............ CD6:270 Div. 4. Long -Term Preservation ............. CD6:271 Div. 5. Resources ........................... CD6:271 Art. XIII. Stormwater Quality Overlay District... CD6:271 Div. 1. Generally ........................... CD6:271 Div. 2. General Regulations for All Parcels Within the Stormwater Quality Overlay District ............................. CD6:272 Div. 3. Regulations Based On Assigned Protec- tion Tier and Underlying Zoning...... CD6:276 Art. XIV Interim Uses .......................... CD6:277 Div. 1. Generally (Reserved) ................. CD6:277 Div. 2. Land Alterations .................... CD6:277 Div. 3. Permit .............................. CD6:279 Ch. 6.16. Construction Site Runoff Control........... CD6:280 Ch. 6.20. Subdivision Regulations ................... CD6:289 Art. I. In General .............................. CD6:289 Art. II. Administration and Enforcement ........ CD6:297 Art. III. Plat Approval Process .................. CD6:298 Div. 1. Generally ........................... CD6:298 Div. 2. Preliminary Plat ..................... CD6:300 Div. 3. Final Plats .......................... CD6:302 Div. 4. Subdivision Certification and Record- ing .................................. CD6:305 Div. 5. Exceptions .......................... CD6:306 Art. IV. Design Standards and Required Improve- ments .................................. CD6:306 Div. 1. Generally ........................... CD6:306 xvi TABLE OF CONTENTS—Cont'd. Title Page Div. 2. Lots ................................ CD6:316 Div. 3. Roads and Public Ways .............. CD6:319 Div. 4. Conservation Design ................. CD6:323 Ch. 6.24. Buildings and Building Regulations ........ CD6:323 Art. I. In General .............................. CD6:323 Art. II. Building Code .......................... CD6:325 Div. 1. Generally ........................... CD6:325 Div. 2. Construction Permit ................. CD6:326 Ch. 6.28. Waterways ................................ CD6:328 Art. I. In General .............................. CD6:328 Art. II. Joint Use of Lake Facilities .............. CD6:329 Art. III. Marinas ............................... CD6:330 Art. IV. Regulation of Watercraft On Long Lake.. CD6:330 Art. V. Mooney Lake Rules and Regulations...... CD6:332 Code Comparative Table-1984 Code ......................... CCTA Code Comparative Table-2003 Code ......................... CCT:7 Code Comparative Table —Legislation ........................ CCT:19 State Law Reference Table .................................. SLT:1 CodeIndex ................................................. CDi:l xvii ti ao CODE OF ORDINANCES Title I GOVERNMENT OPERATION Chapter 1.04. General Provisions Sec. 1.04.010. How Code designated and cited. Sec. 1.04,020. Definitions and rules of construction. Sec. 1.04.030. Computation of time. Sec. 1.04.040. Catchlines of sections; history notes references. Sec. 1.04.050. Effect of repeal or amendment of ordinances. Sec. 1.04.060. Amendments to Code effect of new ordinances; amendatory language. Sec. 1.04.070. Supplementation of Code. Sec. 1.04.080. General penalty; continuing violations. Sec. 1.04.090. Severabilityy, Sec. 1.04.100. Provisions deemed continuation of existing ordinances. Sec. 1.04.110. Code does not affect prior offenses or rights. Sec. 1.04.120. Certain ordinances not affected by Code. Chapter 1.08. Administration Article I. In General Sec. 1.08.010. Rules of procedure for appeals and other hearings. Sec. 1.08.020. Issuance of citations. Sec. 1.08.030. Disposal of unclaimed property. Article II. City Council Sec. 1.08.110. Terms of office. Sec. 1.08.120. City council composition and action. Sec. 1.08.130. Salaries of mayor and councilmembers. Sec. 1.08.140. Council meetings. Sec. 1.08.150. Council procedure at regular meetings. Sec. 1.08.160. Right to administrative appeal. Article III. Officers and Employees Division 1. Generally Sec. 1.08.210. Interim emergency succession. Sec. 1.08.220. Workers' compensation. Sec. 1.08.230. Computerized criminal history and driver's license history inquiries. Division 2. City Administrator Sec. 1.08.310. Position established. Sec. 1.08.320. Appointment and removal. Sec. 1.08.330. Qualifications. Sec. 1.08.340. Deputy city clerk. Sec. 1.08.350. Duties. CD1:1 co ORONO CODE Sec. 1.08.360. General supervisory capacity. Sec. 1.08.370. Acting administrator. Article IV. Departments Sec. 1.08.410. City departments established. Sec. 1.08.420. Department heads. Sec. 1.08.430. Legal department. Sec. 1.08.440. Finance department. Sec. 1.08.450. Police department. Sec. 1.08.460. Fire department. Sec. 1.08.470. Public works department. Sec. 1.08.480. Parks department. Sec. 1.08.490. Community development department. Sec. 1.08.500. Administrative department. Sec. 1.08.510. Engineering department. Article V. Finance Sec. 1.08.610. Fees to be established by resolution; effect of absence of resolu- tion. Sec. 1.08.620. Disposal of excess property. Article VI. Boards and Commissions Sec. 1.08.710. Appointments; removal. Chapter 1.12. Elections Sec. 1,12.010. Date of election. Sec. 1.12.020. Definitions. Sec. 1.12.030. Special election timing. Chapter 1.16. Special Assessments Sec. 1.16.010. Prepayment authorized. Sec. 1.16.020. Deferment of special assessments. CD1:2 GOVERNMENT OPERATION CHAPTER 1.04. GENERAL PROVISIONS Sec. 1.04.010. How Code designated and cited. The ordinances embraced in this and the following chapters shall constitute and be designated the "Orono, Minnesota, City Code" and may be so cited. Such ordinances may also be cited as the "Orono Code." (Code 1984, § 1.11; Code 2003, § 1-1) State law reference —Authority of city to codify, Minn. Stats. § 415.021. Sec. 1.04.020. Definitions and rules of construction. The following definitions and rules of construc- tion shall apply to this Code and to all ordinances and resolutions unless the context requires otherwise: Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the city council may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language; but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings. City. The term "city" means the City of Orono, Minnesota. City council, council. The terms "city council" and "council" mean the governing body of the City of Orono, Minnesota. Code. The term "Code" means the Orono, Minnesota, City Code, as designated in section 1.04.010. Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either ... or," the conjunction shall be interpreted as follows: (1) "And" indicates that all the connected terms, conditions, provisions or events apply. § 1.04.020 (2) "Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination. (3) "Either ... or" indicates that the con- nected terms, conditions, provisions or events apply singly but not in combina- tion. County. The term "county" means Hennepin County, Minnesota. Delegation of authority. A provision that authorizes or requires a city officer or city employee to perform an act or make a decision or authorizes such officer or employee to act or make a decision through subordinates, unless prohibited by law or practice. Following. The term "following" means next after. Gender. Words of gender include all genders. Includes. The term "includes" does not limit a term to a specified example. Joint authority. Words giving a joint authority to three or more persons give such authority to a majority of such persons. May. The term "may" is to be construed as being permissive and not mandatory. May not. The term "may not" states a prohibi- tion. Minn. R. The abbreviation "Minn. R." means the Minnesota Rules, as amended. Minn. Stats. The abbreviation "Minn. Stats." means the Minnesota Statutes, as amended. Month. The term "month" means a calendar month. Number. Words in the singular include the plural. Words in the plural include the singular. Oath. A solemn affirmation is the equivalent to an oath, and a person shall be deemed to have sworn if such person makes such an affirmation. Officers, departments, etc. References to officers, departments, boards, commissions or employees are to city officers, city departments, city boards, city commissions and city employees. CD1:3 § 1.04.020 ORONO CODE Official time. References to a specific time of day are to Central Standard Time or Central Daylight Time, as appropriate. Owner. The term "owner," as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property. Person. The term "person" means any human being, any governmental or political subdivision or public agency, any public or private corpora- tion, any partnership, any firm, association or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, or any other legal entity. Personal property. The term "personal property" means any property other than real property. Preceding. The term "preceding" means next before. Premises. The term "premises," as applied to real property, includes land and structures. Property. The term "property" includes real property, personal property and mixed property. Real property, real estate, land, and lands. The terms "real property," "real estate," "land" and "lands" include lands, buildings, tenements and hereditaments and all rights and interests therein except chattel interests. Shall. The term "shall" is to be construed as being mandatory. Sidewalk. The term "sidewalk" means that portion of a street between the curbline, or the lateral lines of a roadway where there is no curb, and the adjacent property line, intended for the use of pedestrians. If there is no public area between the lateral lines of the roadway and the abutting property line, then the area immediately abutting the street line shall be construed as the sidewalk. Signature and subscription by mark. The terms "signature" and "subscription by mark" include a mark when the signer or subscriber cannot write. In such situations, such person's name shall be written near the mark by a witness who writes his own name near such person's name. State. The term "state" means the State of Minnesota. Street. The term "street" means any alley, avenue, boulevard, highway, road, lane, viaduct, bridge and its approach, and any other public thoroughfare in the city. The term "street" also means the entire width between abutting property lines. The term "street" includes a sidewalk or footpath. Tenant and occupant. The terms "tenant" and "occupant," as applied to a building or land, include: (1) Any person holding either alone or with others a written or oral lease of such building or land. (2) Any person who either alone or with others occupies such building or land. Tenses. The present tense includes the past and future tenses. The future tense includes the present tense. Writing. The term "writing" includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is authorized or required, it shall be made in writing in the English language. Year. The term "year" means a calendar year. (Code 1984, §§ 1.02, 1.03; Code 2003, § 1-2; Ord. No. 286(3rd series), § 1, 12-11-2023) State law reference —Interpretation of statutes gener- ally, Minn. Stats. ch. 645. Sec. 1.04.030. Computation of time. (a) When the term "successive weeks" is used in any section providing for the publication of notices, the term "weeks" shall be construed as calendar weeks. The publication upon any day of such weeks shall be sufficient publication for that week, but at least five days shall elapse between each publication. At least the number of weeks specified in "successive weeks" shall elapse between the first publication and the day for the happening of the event for which the publication is made. CD1:4 N M GOVERNMENT OPERATION (b) When in any section the lapse of a number of months before or after a certain day is required, such number of months shall be computed by counting the months from such day, excluding the calendar month in which such day occurs, and including the day of the month in which the last month so counted having the same numeri- cal order as the day of the month from which the computation is made, unless there be not so many days in the last month so counted, in which case the period computed shall expire with the last day of the month so counted. (c) Where the performance or doing of any act, duty, matter, payment or thing is ordered or directed, and the period of time or duration for its performance or doing is prescribed and fixed by law or ordinance, the time, except as otherwise provided in subsections (a) and (b) of this sec- tion, shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on a Saturday, Sunday or legal holiday, that day shall be omitted from the computation. (d) When an application, payment, return, claim, statement or other document is to be delivered to or filed with a department, agency or instrumentality of the city on or before a prescribed date and the prescribed date falls on a Saturday, Sunday or legal holiday, it is timely delivered or filed if it is delivered or filed on the next succeeding day which is not a Saturday, Sunday or legal holiday. (Code 2003, § 1-3) State law reference —Similar provisions, Minn. Stats. §§ 645.13-645.151. Sec. 1.04.040. Catchlines of sections; his- tory notes references. (a) The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections, or of any part of the section, nor unless expressly so provided shall they be so deemed when any such section, including the catchline, is amended or reenacted. § 1.04.060 (b) The history or source notes appearing in parentheses after sections in this Code have no legal effect and only indicate legislative history. Editor's notes, cross references and state law references that appear in this Code after sec- tions or subsections or that otherwise appear in footnote form are provided for the convenience of the user of the Code and have no legal effect. (c) Unless specified otherwise, all references to chapters or sections are to chapters or sections of this Code. (Code 2003, § 1-4) State law reference —Similar provisions, Minn. Stats. § 645.49. Sec. 1.04.050. Effect of repeal or amend- ment of ordinances. (a) Unless specifically provided otherwise, the repeal of an ordinance does not revive any repealed ordinance. (b) The repeal or amendment of an ordinance does not affect any punishment or penalty incurred before the repeal took effect, nor does such repeal or amendment affect any suit, prosecution or proceeding pending at the time of the amend- ment or repeal. (Code 2003, § 1-5) State law reference —Similar provisions, Minn. Stats. §§ 645.35, 645.36. Sec. 1.04.060. Amendments to Code effect of new ordinances; amenda- tory language. (a) All ordinances adopted subsequent to this Code that amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of the Code and printed for inclusion in the Code. Portions of this Code repealed by subsequent ordinances may be excluded from this Code by their omission from affected reprinted pages. (b) Amendments to provisions of this Code may be made with the following language: "Sec- tion (chapter, article, division or subdivision, as appropriate) of the Orono, Minnesota, City Code is hereby amended to read as follows:...." CD1:5 M O� § 1.04.060 ORONO CODE (c) If a new section, subdivision, division, such catchlines, headings and titles or in article or chapter is to be added to the Code, the any such catchlines, headings and titles following language may be used: "Section (chapter, already in the Code. article, division or subdivision, as appropriate) of the Orono, Minnesota, City Code is (3) Assign appropriate numbers to chapters, hereby created to read as follows:...." articles, divisions, subdivisions and sec- tions to be added to the Code. (d) All provisions desired to be repealed should be repealed specifically by section, subdivision, division, article or chapter number, as appropri- ate, or by setting out the repealed provisions in full in the repealing ordinance. (Code 2003, § 1-6) Sec. 1.04.070. Supplementation of Code. (a) Supplements to this Code shall be prepared and printed whenever authorized or directed by the city. A supplement to this Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made by the supplement in the Code. The pages of the supple- ment shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages that have become obsolete or partially obsolete. The new pages shall be so prepared that when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. (b) In preparing a supplement to this Code, all portions of the Code that have been repealed shall be excluded from the Code by their omis- sion from reprinted pages. (c) When preparing a supplement to this Code, the person authorized to prepare the supplement may make formal, nonsubstantive changes in ordinances and parts or ordinances included in the supplement, insofar as necessary to do so in order to embody them into a unified code. For example, the person may: (4) Where necessary to accommodate new material, change existing numbers assigned to chapters, articles, divisions, subdivisions or sections. (5) Change the words "this ordinance" or similar words to "this chapter," "this article," "this division," "this subdivi- sion," "this section" or "sections to " (inserting section numbers to indicate the sections of the Code that embody the substantive sections of the ordinance incorporated in the Code). (6) Make other nonsubstantive changes neces- sary to preserve the original meaning of the ordinances inserted in the Code. (Code 2003, § 1-7) Sec. 1.04.080. General penalty; continuing violations. (a) In this section, the term "violation of this Code" means any of the following: (1) Doing an act that is prohibited or made or declared unlawful, an offense, a viola- tion or a misdemeanor by ordinance or by rule or regulation authorized by ordinance. (2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance. (3) Failure to perform an act if the failure is prohibited or is made or declared unlaw- ful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance. (1) Arrange the material into appropriate organizational units. (b) In this section, the term "violation of this Code" does not include the failure of a city officer (2) Supply appropriate catchlines, headings or city employee to perform an official duty and titles for chapters, articles, divisions, unless it is specifically provided that the failure subdivisions and sections to be included to perform the duty is to be punished as provided in the Code and make changes in any in this section. CD1:6 o� GOVERNMENT OPERATION (c) Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be punished by a fine of not more than $700.00, imprisonment for a term not exceed- ing 90 days, or any combination thereof. Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continu- ous with respect to time, each day that the violation continues is a separate offense. (d) The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions. (e) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief. (f) The violator and the property owner of record, where applicable, shall be responsible for any city costs in enforcing the provisions of this Code, including reinspection fees or other fees, charges, or penalties that are imposed as permit- ted by law. (Code 1984, § 1.06; Code 2003, § 1-8; Ord. No. 144(3rd series), § 1, 4-13-2015) State law reference —Authorized penalty for ordinance violations, Minn. Stats. §§ 412.231, 609.034. Sec. 1.04.090. Severability. The sections, subsections, paragraphs, sentences, clauses and phrases of this Code and all provisions adopted by reference in this Code are severable so that if any section, subsection, paragraph, sentence, clause and phrase of this Code or of any provision adopted by reference in this Code is declared unconstitutional or invalid by a valid judgment of a court of competent jurisdiction, such judgment shall not affect the validity of any other section, subsection, paragraph, sentence, clause and phrase of this Code or of any provision adopted by reference in this Code, for the council declares that it is its intent that it would have enacted this Code and all provisions adopted by reference in this Code without such invalid or unconstitutional provi- sions. (Code 1984, § 1.08; Code 2003, § 1-9) § 1.04.120 Sec. 1.04.100. Provisions deemed continu- ation of existing ordinances. The provisions of this Code, insofar as they are substantially the same as legislation previ- ously adopted by the city relating to the same subject matter, shall be construed as restate- ments and continuations of such legislation and not as new enactments. (Code 2003, § 1-10) Sec. 1.04.110. Code does not affect prior offenses or rights. (a) Nothing in this Code or the ordinance adopting this Code affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established before the effective date of this Code. (b) The adoption of this Code does not authorize any use or the continuation of any use of a structure or premises in violation of any city ordinance on the effective date of this Code. (Code 2003, § 1-11) Sec. 1.04.120. Certain ordinances not affected by Code. (a) Nothing in this Code or the ordinance adopting this Code affects the validity of any ordinance or portion of an ordinance: (1) Annexing property into the city. (2) Deannexing property or excluding property from the city. (3) Providing for salaries or other employee benefits not codified in this Code. (4) Promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebted- ness. (5) Fixing city fees or city charges. (6) Authorizing or approving any contract, deed or agreement. (7) Making or approving any appropriation or budget. (8) Granting any right or franchise. CD1:7 § 1.04.120 ORONO CODE (9) Adopting or amending the comprehensive plan. (10) Levying or imposing any special assess- ment. (11) Dedicating, establishing, naming, locat- ing, relocating, opening, paving, widen- ing, repairing or vacating any street. (12) Establishing the grade of any street or sidewalk. (13) Dedicating, accepting or vacating any plat or subdivision. (14) Levying, imposing or otherwise relating to taxes not codified in this Code. (15) Establishing traffic regulations for specific locations not codified in this Code. (16) Fixing, amending or modifying rates for utilities. (17) Rezoning specific property. (18) That is temporary, although general in effect. (19) That is special, although permanent in effect. (20) The purpose of which has been accomplished. (21) Declaring a moratorium for a specific period of time. (b) The ordinances designated in subsection (a) of this section continue in full force and effect to the same extent as if published at length in this Code. (Code 2003, § 1-12) CHAPTER 1.08. ADMINISTRATION* ARTICLE I. IN GENERAL Sec. 1.08.010. Rules of procedure for appeals and other hearings. administrative appeals not covered or in conflict with section 1.08.160 and other hearings to be held before the council or other bodies authorized to hold hearings and determine questions presented. Such rules of procedure shall be effective 30 days after adoption and shall be for the purpose of establishing and maintaining order and decorum in the proceedings. (Code 1984, § 2.08; Code 2003, § 2-1; Ord. No. 286(3rd series), § 2, 12-11-2023) Sec. 1.08.020. Issuance of citations. (a) Except as otherwise provided by statute, only a peace officer and part-time peace officer may: (1) Ask a person receiving a citation to give a written promise to appear in court; or (2) Take a person into custody as permitted by Minn. Stats. § 629.34. (b) The following city individuals may issue citations in lieu of arrest or continued detention for violations of this Code. Areas of jurisdiction will be contained in city policy as set forth in resolution form by the city council. (1) Peace officers and part-time peace officers. (2) Reserve officers. (3) Community service officers. (4) Building inspector. (5) Building official. (6) Septic inspector. (7) Community development director. (8) Fire chief or marshal. (9) Public works superintendent. (10) As designated, subject to council approval. (Code 1984, § 2.38; Code 2003, § 2-2; Ord. No. 286(3rd series), § 3, 12-11-2023) Sec. 1.08.030. Disposal of unclaimed property. The council may adopt by resolution certain (a) The term "abandoned property" means written rules of procedure to be followed in all tangible or intangible property that has lawfully *State law reference —Statutory cites generally, Minn. come into the possession of the city in the course Stats. ch. 412. of municipal operations, remains unclaimed by CD1:8 GOVERNMENT OPERATION the owner, and has been in the possession of the city for at least 60 days and has been declared such by a resolution of the council. (b) If the city administrator knows the identity and whereabouts of the owner, he shall serve written notice upon him at least 30 days prior to a declaration of abandonment by the council. If the city acquired possession from a prior holder, the identity and whereabouts of whom are known by the city administrator, notice shall also be served upon him. Such notice shall describe the property and state that unless it is claimed and proof of ownership, or entitlement to possession established, the matter of declaring it abandoned property will be brought to the attention of the council after the expiration of 30 days from the date of such notice. (c) Upon adoption of a resolution declaring certain property to be abandoned property, the city administrator shall give ten days' published notice, describing the property found or recovered to be sold, together with the names (if known) and addresses (if known) of prior owners and holders of such property. The text of such notice shall also state the time, place and manner of sale of all such property, except cash and nego- tiables. The notice shall be published at least once in a legal newspaper published in the city. If there is none in the city, the notice shall be published in the county. Sale shall be made to the highest bidder at public auction or sale conducted in the manner directed by the council in its resolution declaring property abandoned and stated in the notice. (d) All proceeds from such sale shall be paid into the general fund of the city and expenses paid from such fund. The former owner, if he makes claim within six months from the date of publication of the notice, and upon application and satisfactory proof of ownership, may be paid the amount of cash or negotiables or, in the case of property sold, the amount received for the property, less a pro rata share of the expenses of storage, publication of notice, and sale expenses, but without interest. Such payment shall be also made from the general fund. § 1.08.120 (e) No employee of the city who is a member of the administrative staff, department head, a member of the council, or an advisor serving the city in a professional capacity may be a purchaser of property under this section. Other city employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one week's published or posted notice of sale is given. It is unlawful and punishable as provided in section 1.04.080 for any person to be a purchaser of property under this section if such purchase is prohibited by the terms of this section. (Code 1984, § 2.61(2), (4); Code 2003, § 2-3; Ord. No. 286(3rd series), § 4, 12-11-2023) State law reference —Disposal of unclaimed property, Minn. Stats. § 471.195. ARTICLE II. CITY COUNCIL* Sec. 1.08.110. Terms of office. The mayor shall be elected for a four-year term. Two members of the city council other than the mayor shall be elected for four-year terms at each biennial city election. The mayor and councilmember terms shall commence in accordance with Minn. Sats. § 412.02 following the election. (Code 1984, § 2.03(2); Code 2003, § 2-36; Ord. No. 218(3rd series), § 1, 12-10-2018) State law reference —Similar provisions, Minn. Stats. §§ 412.02, 412.021, 412.023. Sec. 1.08.120. City council composition and action. The city council shall consist of the mayor and the four councilmembers. A majority of all the members shall constitute a quorum although a smaller number may adjourn from time to time. Every ordinance shall be enacted by a majority vote of all members of this council except where a different number is required by law. All other actions shall be decided by a majority vote of a quorum at a council meeting except when a different number is required by law. A quorum of the council shall be three or more councilmem- *State law reference —Council generally, Minn. Stats. § 415.191 et seq. CD1:9 ti § 1.08.120 ORONO CODE bers or two or more councilmembers and the mayor, present at a regular, special or emergency council meeting. (Code 1984, § 2.02; Code 2003, § 2-37; Ord. No. 286(3rd series), § 5, 12-11-2023) State law reference —Similar provisions, Minn. Stats. § 412.191. Sec. 1.08.130. Salaries of mayor and coun- cilmembers. (a) Salaries of the mayor and councilmem- bers, effective January 1,1997, and which amounts are deemed reasonable, are fixed as follows: (1) The salary of the mayor shall be $4,200.00 per year, paid monthly. (2) The salary of each councilmember shall be $3,500.00 per year, paid monthly. (b) In accordance with Minn. Stats. § 415.11, any changes in the salaries set forth in subsec- tion (a) of this section shall be by ordinance and shall not take effect until after the next succeed- ing city election. (Code 1984, § 2.17; Code 2003, § 2-38; Ord. No. 150(2nd series), § 1, 8-26-1996; Ord. No. 164(3rd series), § 1, 2-22-2016; Ord. No. 286(3rd series), § 6, 12-11-2023) State law reference —Salaries of mayor and council, Minn. Slats. § 415.11. Sec. 1.08.140. Council meetings. Special meetings of the council may be called by the mayor or by any two members of the council by writing filed with the city clerk, who shall then mail or deliver a notice to all the members of the time and place of meeting at least one day before the meeting. An emergency meeting may be called because of circumstances that require immediate consideration by the city council. Posted or published notice is not required for an emergency meeting, but notice that includes the subject of the meeting shall be given to councilmembers by telephone or any other method used to notify members. The public body shall also make good faith efforts to provide notice as soon as is reasonably practicable of the emergency meeting to each news medium that has filed a written request for notice if the request includes the news medium's telephone number. (Code 1984, § 2.04; Code 2003, § 2-39; Ord. No. 286(3rd series), § 7, 12-11-2023) State law references —Calling of special meetings, Minn. Stats. § 412.191, subd. 2; notice of meetings, Minn. Stats. § 13D.04. Sec. 1.08.150. Council procedure at regular meetings. (a) The city clerk shall prepare the following items: (1) An agenda for the forthcoming meeting; (2) A copy of a compiled list of all claimants who have filed verified accounts claiming payment for goods or services rendered the city during the preceding month, such list to be called the "check register" and bearing headings information regard- ing purpose and amount; and (3) A copy of all minutes to be considered. (b) The city clerk shall forthwith cause to be delivered or mailed to the mayor and each councilmember copies of all such documents. Robert's Rules of Order, Newly Revised, shall govern all council meetings as to procedural matters not set forth in this Code. The order of business at regular meetings shall be as set out by resolution. (c) Matters inappropriate for consideration at a meeting, or not in the order specified, shall not be considered except with the unanimous consent of the members of the council or scheduled public hearings or bid lettings at the time stated in the notice. If, at an emergency meeting, matters not directly related to the emergency are discussed or acted upon at such meeting, the minutes of the meeting shall include a specific description of the matters. (Code 1984, § 2.05; Code 2003, § 2-40; Ord. No. 286(3rd series), § 8, 12-11-2023) State law reference —Authority of council to regulate its procedures, Minn. Stats. § 412.191, subd. 2. CD1:10 00 M GOVERNMENT OPERATION Sec. 1.08.160. Right to administrative appeal. Except as otherwise provided, if any person shall be aggrieved by any administrative deci- sion of the city administrator or any other city official, or any board or commission not having within its structure an established review schedule or an appellate procedure, such aggrieved person is entitled to a full hearing before the council upon serving a written request upon the mayor and city clerk. Such request shall contain a general statement setting forth the administra- tive decision to be challenged by the appellant. An appeal under this section shall be filed no later than ten days following the decision. Failure to file an appeal within ten days of the decision shall constitute a waiver of the person's right to a hearing. A hearing on the appeal shall occur at the next regularly scheduled council meeting that is at least seven days after the appeal is served. At such hearing, the appellant may present any evidence he deems pertinent to the appeal; but the city shall not be required to keep a verbatim record of the proceedings. The mayor, or other officer presiding at the hearing, may, in the interest of justice or to comply with time requirements and on the mayor's own motion or the motion of the appellant, the city clerk, or a member of the council, adjourn the hearing to a more convenient time or place; but such time or place shall be fixed and determined before adjournment so as to avoid the necessity for formal notice of reconvening. An employee of the city who is aggrieved by an action or decision of another city employee that relates to their employ- ment shall exhaust the grievance procedures set forth in the administrative and personnel policy before requesting a hearing before the city council. The city council's decision on appeal may only be appealed to the state court of appeals. This section shall not apply to hearing officer deci- sions under section 5.12.120; decisions of an administrative officer under chapter 6.12; deci- sions of an administrative officer under chapter 6.20; decisions of the community development director under section 6.12.840; code enforce- ment letters that warn a person of a potential § 1.08.210 criminal, civil, or administrative penalties; or any matter regarding a pending or actual criminal charge based on a violation of this Code. (Code 1984, § 2.07; Code 2003, § 2-41; Ord. No. 178(3rd series), § 1, 10-10-2016; Ord. No. 253(3rd series), § 1, 2-8-2021; Ord. No. 286(3rd series), § 9, 12-11-2023) ARTICLE III. OFFICERS AND EMPLOYEES* Division 1. Generally Sec. 1.08.210. Interim emergency succes- sion. (a) Purpose. Due to the existing possibility of a nuclear attack or a natural disaster requiring a declaration of a state of emergency, it is found urgent and necessary to ensure the continuity of duly elected and lawful leadership of the city to provide for the continuity of the government and the emergency interim succession of key governmental officials by providing a method for temporary emergency appointments to their offices. (b) Succession to local offices. In the event of a nuclear attack upon the United States or a natural disaster affecting the vicinity of the city, the mayor, council and city administrator shall be the interim emergency council and shall be forthwith notified by any one of such persons and by any means available to gather at the city hall. If safety or convenience dictates, an alternative place of meeting may be designated. Those gathered shall proceed as follows: (1) By majority vote of those persons pres- ent, regardless of number, they shall elect a chairperson and secretary to preside and keep minutes, respectively. (2) They shall review and record the specific facts relating to the nuclear attack or natural disaster and injuries to persons or damage to property already done, or their imminence. *State law reference —Authority of council to appoint officers and fix their duties, Minn. Stats. § 412.111. CD1:11 § 1.08,210 ORONO CODE (3) They may, based on such facts, declare a state of emergency. (4) By majority vote of those persons pres- ent, regardless of number, they shall fill all positions on the council, including the office of mayor, of those persons upon whom notice could not be served or who are unable to be present. (5) Such interim successors shall serve until such time as the duly elected official is again available and returns to that posi- tion, or the state of emergency has passed and a successor is designated and quali- fies as required by law, whichever shall occur first. (c) Duties of the interim emergency council. The interim emergency council shall exercise the powers and duties of their offices and appoint other key government officials to serve during the emergency. (Code 1984, § 2.10; Code 2003, § 2-71) Sec. 1.08.220. Workers' compensation. All officers of the city elected or appointed for a regular term of office or to complete the unexpired portion of any such regular term shall be included in the definition of employee as that term is defined in state law relating to coverage for purposes of workers' compensation entitle- ment. The term "employee" shall include, but not by way of limitation, police reserve officers. (Code 1984, § 2.16; Code 2003, § 2-72) State law reference —Authority to expand workers' compensation coverage to persons elected or appointed for regular term of office, Minn. Stats. § 176.011, subd. 9(6). Sec. 1.08.230. Computerized criminal his- tory and driver's license his- tory inquiries. (a) Purpose. The purpose of this section is to authorize the city to conduct computerized criminal history (CCH) and driver's license his- tory inquiries on persons who are finalists for certain employment positions in the city and who are volunteers in city programs providing services to children or vulnerable adults. Access for these purposes shall be limited to state CCH public data only. Nothing in this section shall be construed to preclude the city from conducting comprehensive background investigations of applicants for city employment positions, includ- ing, but not limited to, accessing public data through other automated and non -automated sources and contacting references. Nothing in this section shall be construed to preclude the city from periodically conducting a driver's license inquiry upon employees or volunteers where possession of a valid driver's license is an essential qualification of the position. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Computerized criminal history inquiries means criminal histories obtained through the state bureau of criminal apprehension's computerized criminal history system. Driver's license history inquiries means driver's license violations recorded by the state depart- ment of public safety. (c) Findings of the city council. The city council makes the following findings regarding the need to conduct computerized criminal history and driver's license history inquiries on persons who are finalists for certain city positions and who are applying to volunteer in city programs provid- ing services to children or vulnerable adults, recognizing that the city council has a significant interest in protecting the general public in the performance of government services: (1) Certain city employees and volunteers work independently with and provide public services to some of the most vulner- able members of society: children, senior citizens, developmentally disabled individuals, and mentally ill persons. Protection of these vulnerable persons warrants the investigation of persons who are finalists to fill these certain employment positions with the city and who are applying to volunteer in city programs that provide services to these members of the public. CD1:12 0 0 r GOVERNMENT OPERATION (2) Some city employees and volunteers work closely with public funds and accounts and are in positions that have access to property or assets of the city where losses are difficult to detect or prevent. In order to minimize the risk that the public trust will be violated, computerized criminal history inquiries of those individuals who are finalists to be employed in such positions are necessary. (3) Some city employees and volunteers enter the private homes of city residents in the performance of necessary and worthwhile public services. Computerized criminal history inquiries on persons who are finalists for such positions are deemed necessary to minimize the risk that the personal safety of residents in their homes will be violated. (4) Many city employees and some volunteers operate, on a regular basis, heavy machinery, buses, street maintenance equipment, and/or other city -owned motor vehicles on public rights -of -way. In order to minimize the loss of public property and the loss of life in serious traffic accidents, computerized criminal history inquiries and driver's license history inquiries of finalists for such positions are appropriate. (5) In accordance with the state policy of encouraging the rehabilitation of criminal offenders, the computerized criminal his- tory and driver's license history inquiries prescribed herein shall not be an automatic bar to public employment but rather used in assessing the rehabilita- tion of the finalist in accordance with Minn. Stats. §§ 364.01 to 364.10. (6) This section cannot guarantee that groups or individuals will be protected from the criminal acts of employees or volunteers; rather, its intent is to minimize certain risks in the performance of government services to the general public. (d) Computerized criminal history and driver's license history inquiries authorized. Data obtained from computerized criminal history and driver's § 1.08.230 license history inquiries shall be released only to authorized personnel. The city administrator or the city administrator's designee is authorized to conduct computerized criminal history and driver's license history inquiries in accordance with the following procedures: (1) Only persons who are finalists for the positions of employment specified in subsection (e) of this section or who are applying to volunteer in city programs providing services to children or vulner- able adults shall be subject to the computerized criminal history and driver's license history inquiries presci ibed herein. (2) The person who is a finalist for a position detailed in subsection (e) of this section shall be presented with an informed consent form indicating that the person may consent to the computerized criminal history inquiry and/or driver's license history inquiry or may refuse. If the finalist refuses to sign the consent, the person shall not be allowed to continue in the employment process for the position sought. (3) Persons who are applying to volunteer in programs that provide services to children or vulnerable adults shall be notified that computerized criminal history and/or driver's license history inquiries will be conducted prior to their participation in the program. (e) Applicability. (1) Employees. Computerized criminal his- tory inquiries and driver's license history inquiries shall be conducted in accordance with this section on persons who are finalists for the following city positions or position types: a. Assessors, property appraisers, and meter readers; b. Public health nurses and aides and similarly situated public health personnel; C. Employees operating street maintenance equipment and heavy machinery; CD1:13 r 40 r § 1.08.230 ORONO CODE d. Employees operating any motor Division 2. City Administrator vehicle owned by or operated for the city; Sec. 1.08.310. Position established. Employees directly providing recreation services to the public; f. Employees handling public funds or criminal evidence on a regular basis; g. Employees who have access to non- public information; h. Inspectors, sanitarians, and program specialists; and i. Department heads. (2) Volunteers. Computerized criminal his- tory inquiries and driver's license history inquiries shall be conducted in accordance with this section on persons who are applying to volunteer in city programs that provide services to children or vulner- able adults. (f) Failure of computerized criminal history or driver's license history inquiries. Should the city reject the applicant's request for employment due, partially or solely, to the applicant's prior conviction of a crime, subject to the exception set forth in Minn. Stats. § 364.09, the city administra- tor shall notify the applicant in writing of the grounds and reasons for the denial. (g) Good faith reliance on record accuracy. The city may in good faith rely on the accuracy of the criminal history information received from federal, state, and county authorities in conduct- ing the computerized criminal history or driver's license history inquiry prescribed herein. (h) Verification of identity. Questioned identity situations may occur which could require fingerprint verification where it is not clear if a record based on a name and date of birth search actually belongs to the subject of the computer- ized criminal history or driver's license history inquiry. (Code 2003, § 2-73; Ord. No. 25(3rd series), § 1, 5-23-2005) The position of city administrator is established. (Code 1984, § 2.06(1); Code 2003, § 2-96; Ord. No. 182(2nd series), § 1(2.06(1)), 1-25-1999) Sec. 1.08.320. Appointment and removal. The city administrator shall be appointed by the council for an indefinite term. He shall not be removed except by affirmative action taken by the council twice at two regular meetings held within 60 days. The action taken at the first such meeting shall be an expression of intent to vote thereon at the second such regular meeting not to be held sooner than ten days thereafter. If, at any time after the administrator has completed six months of continuous service, the council takes such action, the city administrator may, within 30 days after written notice of removal, request a public hearing which the council must grant and which must be started within 30 days after the request. (Code 1984, § 2.06(2); Code 2003, § 2-97; Ord. No. 182(2nd series), § 1(2.06(2)), 1-25-1999) Sec. 1.08.330. Qualifications. The city administrator shall be selected solely on the basis of his executive and administrative qualifications, with special reference both to his experience and formal education, as well as knowledge of accepted practices pertaining to the duties of the office. (Code 1984, § 2.06(3); Code 2003, § 2-98; Ord. No. 182(2nd series), § 1(2.06(3)), 1-25-1999) Sec. 1.08.340. Deputy city clerk. The city administrator shall, by virtue of that position, be a deputy city clerk. (Code 1984, § 2.06(6); Code 2003, § 2-99; Ord. No. 182(2nd series), § 1(2.06(6)), 1-25-1999) Sec. 1.08.350. Duties. The city administrator shall be the chief administrative officer of the city, and he shall be responsible to the council for the proper CD1:14 N O T_ GOVERNMENT OPERATION administration of all affairs of the city and to that end shall have the power and shall be required to: (1) (2) (3) (4) (5) Supervise the administration of all depart- ments, offices and divisions of the city except as otherwise provided by law and carry out any other responsibilities placed under the administrator's jurisdiction by this chapter or by subsequent council action. The administrator shall interview and screen all prospective city employees as permitted by law and may make recom- mendations to the council before the council makes any appointment. The administrator, with the concurrence of the council, shall appoint department heads, who shall be responsible and accountable to the administrator. All personnel shall be responsible and accountable to the administrator. The city administrator may suspend any employee until the next council meeting. If the city council does not act to modify or rescind the suspension, the suspen- sion shall be deemed ratified by the city council. Develop and issue all administrative poli- cies, rules, regulations and procedures necessary to ensure the proper function- ing of all departments and offices under the administrator's jurisdiction as permit- ted by law and council approval. Prepare and submit an annual budget to the council and keep the council advised of the financial condition of the city and make such recommendations as may from time to time be determined desirable and necessary. Attend and participate in discussions at all meetings of the council and other official bodies as directed by the council. The city administrator shall also represent the city at all official or semiofficial functions as may be directed by the council and not in conflict with the prerogatives of the mayor. See that all laws and provisions of this Code are duly enforced. § 1.08.360 (6) Make or let purchases and contracts when the amount or nature of claims does not exceed council -approved purchas- ing policies. The city administrator shall receive all other estimates, quotations, sealed bids, purchases or contracts and present them to the council for official action. (7) Recommend from time to time the adop- tion of such measures as he may deem necessary or expedient for the health, safety and welfare of the community or for the improvement of the administra- tion. (8) Perform such other duties as may be required by the council and consistent with state statute and this Code. (Code 1984, § 2.06(4); Code 2003, § 2-100; Ord. No. 182(2nd series), § 1(2.06(4)), 1-25-1999; Ord. No. 286(3rd series), § 10, 12-11-2023) State law reference —Contracts, Minn. Stats. § 471.345. Sec. 1.08.360. General supervisory capac- ity. No member of the council shall in any manner interfere with or prevent the city administrator from exercising the administrator's own judg- ment in the administration of the city. Except for the purpose of inquiry, no member of the council shall deal with or exercise control over the administration of the city; and no member shall give orders to any department head or employee of the city, either publicly or privately, except through a majority vote of the council. (1) If a councilmember receives information regarding a matter of concern related to the administration of the city, the coun- cilmember shall forward the information to the administrator at the earliest pos- sible time. The administrator shall then forward the information to the other councilmembers. (2) If an individual councilmember directly contacts a staff member for the purpose of obtaining information, the information shall be provided to all councilmembers CD1:15 M O § 1.08.360 ORONO CODE and to the administrator, if the staff ARTICLE IV. DEPARTMENTS member contacted is other than the administrator. Sec. 1.08.410. City departments established. (3) If the response to a councilmember's inquiry will require significant time and effort, the staff person shall refer the councilmember to the administrator to determine whether the request can be accommodated within the current workload priorities. If the request conflicts with other workload priorities, the administrator may refer the request to the full council to determine whether the request should displace other council priorities. (4) Concerns raised by city employees regard- ing the administration of the city shall be addressed through the chain of com- mand. The city's administrative policy shall set out the process to be used for addressing a concern through the chain of command. (5) Concerns raised by city employees regard- ing pay, benefits, and other employment - related matters shall be addressed through the grievance policy set out in the city's personnel policy. (Code 1984, § 2.06(7); Code 2003, § 2-101; Ord. No. 182(2nd series), § 1(2.06(7)), 1-25-1999; Ord. No. 286(3rd series), § 11, 12-11-2023) Sec. 1.08.370. Acting administrator. The administrator may appoint an acting administrator to discharge the duties of the administrator's office when the administrator is on vacation, sick leave, leave, or out of the area on business. If the city council does not rescind or modify the appointment at the next city council meeting, the appointment shall be deemed ratified. If the city administrator no longer holds the position, the mayor may appoint an acting administrator subject to concurrence of the council at their next regular scheduled meeting. The appointment shall state the powers and author- ity granted to the acting administrator. (Code 1984, § 2.11; Code 2003, § 2-102) City departments shall be established as needed to provide for the delivery of city services. The heads of such departments shall report to the city administrator and shall perform such duties as assigned by the city administrator. (Code 2003, § 2-137; Ord. No. 286(3rd series), § 13, 12-11-2023) Sec. 1.08.420. Department heads. (a) All department heads and employees shall be appointed by the city administrator, subject to approval by the council. All appointments shall be for an indeterminate term. (b) The heads of all departments and the employees who are members of such depart- ments shall be under the direct supervisory authority of the city administrator, and all com- munications (excepting inquiry) between members of the council and heads of departments shall be through the city administrator. (c) At the direction of the city administrator, the department heads will have the following duties: (1) Be immediately responsible to the city administrator for the effective administra- tion of their respective department and subordinate sections. Department heads have the power to establish work rules and to initiate disciplinary proceedings in accordance with established civil service rules. (2) Keep informed as to the latest practices in their particular field and will imple- ment, with the approval of the city administrator, such new practices as appear to be of benefit to the service and to the public. (3) Submit reports of the activities of their departments to the city administrator as requested. (4) Establish and maintain a system of records and reports in sufficient detail to CD1:16 0 r GOVERNMENT OPERATION § 1.08.440 furnish all information necessary for council. The city attorney shall perform such proper control of section activities and to duties as are required of him by law or referred form a basis for the periodic reports to to him by the council. He shall cooperate with, the city administrator. but not be subject to, direction from the city (5) Be responsible for the proper maintenance administrator. Duties include: of all city property and equipment used (1) Appearing for the city in all cases or in their sections. hearings in which it is a party; (6) Cooperate with each other and furnish, upon the request of the city administra- tor, any other department such service, labor and materials as may be requisitioned by the head of such depart- ment, and as its own facilities permit through the same procedure and subject to the same audit and control as other expenditures are incurred. (7) Be responsible for recommending to the city council through the city administra- tor changes in codes, ordinances, and internal organizations which will improve the operations of their sections. (8) Be responsible for submitting an annual budget request to the city administrator which will include proposed additions or deletions in staff, adjustments in salary schedules and additions to plant and equipment. (9) Have responsibility for keeping the city administration advised as to the programs and policies of other governmental agen- cies which might affect the city's opera- tions within their area of responsibility. (10) Have authority to hire subject to the approval of the city council and established civil service rules all part-time and temporary employees for their sections and departments. (Code 1984, § 2.30(1), (5); Code 2003, § 2-140; Ord. No. 286(3rd series), § 14, 12-11-2023) Sec. 1.08.430. Legal department. (a) A legal department is hereby established (b) The council shall appoint a city attorney, who shall be head of the legal department, together with such assistants as may be neces- sary who shall serve at the pleasure of the (2) Advising the council, its committees, or any city officer on all legal questions arising in the conduct of the city's busi- ness; (3) Preparing or revising ordinances when so requested by the council, its commit- tees, or by the city administrator; (4) Performing such additional legal duties as may be necessary upon request; (5) It shall be the official duty of the city attorney to act as revisor of ordinances. (c) The council shall appoint a city prosecut- ing attorney, who shall be responsible for prosecut- ing all penal offenses committed within the city. (Code 1984, § 2.34; Code 2003, § 2-138; Ord. No. 286(3rd series), § 15, 12-11-2023) Sec. 1.08.440. Finance department. (a) A finance department is hereby established. (b) The head of this department shall be the city treasurer and finance officer. It is the duty of the city treasurer and finance officer to maintain complete and accurate records as to all financial matters of the city as required by law. (c) The director of finance who will have responsibilities for financial planning and manage- ment, budgeting preparation and debt manage- ment, staff services to the city administrator and such additional duties as assigned. The director of finance also has the responsibility of invest- ment of city funds as city treasurer. (d) The finance department will have the following sections/responsibilities: (1) Accounting/budgeting, responsible for the control of receipts, accounts payable, fixed assets, special assessments, budgeting, and financial reporting of all city funds. CD1:17 W) 0 § 1.08.440 ORONO CODE (2) Human resources, responsible for vari- ous personnel management duties, includ- ing such matters as pay and fringe benefit studies, employee grievance procedures and job classification studies; (3) Information technology, responsible for the hardware, software, operating systems and network for all city facilities as well as the maintenance and governance of the city's telecommunication and wire- less networks. (Code 1984, § 2.35; Code 2003, § 2-139; Ord. No. 286(3rd series), § 16, 12-11-2023) Sec. 1.08.450. Police department. (a) A police department is hereby established. (b) The police department will be headed by the police chief with responsibilities for ensuring the efficient operation of the police department, seeing that order is maintained, that laws and ordinances are enforced and taking the neces- sary measures to prevent crime and to protect lives and property. The chief of police will be responsible for training, assignment, supervi- sion, and discipline of all department personnel. (Ord. No. 286(3rd series), § 17(2-140), 12-11- 2023) Sec. 1.08.460. Fire department. (a) A fire department is hereby established. (b) Council may contract for services. The council may contract with one or more governmental units for fire protection for all or a portion of the city, and, in such case, the follow- ing shall be observed: (1) Fire service districts. The city shall be divided into fire service districts cor- responding to the areas of the city which are provided with fire protection by separate fire departments as established by mutual agreement between the city and one or more contracting municipali- ties. Establishment of such districts shall not preclude or otherwise affect mutual aid agreements between fire depart- ments. An official map shall be prepared and kept current to show all fire service districts in the city. (2) Protected areas. All land within the city shall be included in one of the fire service districts established in subsection (b)(1) of this section and shall be provided with fire protection service by the fire depart- ment having contractual jurisdiction. (3) Jurisdiction. The fire department of the city is the fire department having jurisdic- tion in each of the several fire service districts, and the fire chief is the person holding such position in each such depart- ment. (c) The fire department is led by the city fire chief. (1) The city fire chief shall retain primary responsibility and authority for determin- ing response to fire calls and for fire scene command. (2) The city fire chief shall be responsible for coordinating enforcement policy and activities between the respective fire service districts and the building official. (3) The city fire chief, or their authorized representative, shall be responsible for coordinating enforcement of the fire code set forth in chapter 5.08, with enforce- ment of the state building code adopted in chapters 6.12 and 6.24. (4) Fire prevention. The fire chief may conduct fire prevention inspections or educational programs within the fire service district of each respective fire department consistent with provisions of the fire code, provisions of the applicable fire prevention contract, standard practices of the fire department and applicable provisions of this Code. (d) Right of entry. The members of the fire, police or other city departments shall have the right to enter upon property to investigate a report of or the actual siting of a fire, to take appropriate action to control an illegal fire as defined in chapter 5.24, article IV, or legal fire CU W 0 r GOVERNMENT OPERATION that has been left unsupervised, conducted in an unpermitted area, or which otherwise poses a threat to the public health, safety or welfare. (Ord. No. 286(3rd series), § 17(2-141), 12-11- 2023) Sec. 1.08.470. Public works department. (a) The public works department is hereby established. (b) The public works department will be headed by the public works superintendent with responsibilities for matters relating to maintenance, management, and operation of the physical property of the city assigned to the department. The public works department will consist of the following divisions: (1) Streets and stormwater: responsible for maintenance of city streets, parking lots, sidewalks and care of trees on street rights -of -way as well as the maintenance and management of the city's stormwa- ter systems. (2) Utilities: responsible for sewerage collec- tion, water distribution, water treat- ment, and water meters. (3) Fleet: responsible for equipment maintenance of city vehicles and equip- ment. (Ord. No. 286(3rd series), § 17(2-142), 12-11- 2023) Sec. 1.08.480. Parks department. (a) A parks department is hereby established. (b) The parks department will be headed by the parks superintendent who will have responsibilities for the acquisition and develop- ment of the city's park system, maintenance of all city -owned or leased land and buildings, and the care of trees on street rights -of -way and on park property. (Ord. No. 286(3rd series), § 17(2-143), 12-11- 2023) § 1.08.510 Sec. 1.08.490. Community development department. (a) A community development department is hereby established. (b) The community development director will have supervisory responsibility over the func- tions of planning and zoning, inspections, economic development and building safety. This section will be headed by a director who will be responsible to the city administrator for the efficient opera- tion of the departments under the director's jurisdiction. The community development depart- ment will consist of the following sections/ functions: (1) Planning and zoning. Enforcing compli- ance with the city's land development code and the comprehensive plan; review- ing and recommending revisions of the same; supporting and guiding the plan- ning commission, preparing reports and plans for the development of the city relative to growth, subdivisions, zoning, environmental review, annexations and other related problems. (2) The building safety department will be headed by the chief building official, who will have responsibilities for the enforce- ment of all laws and ordinances relating to the construction of buildings. (Ord. No. 286(3rd series), § 17(2-144), 12-11- 2023) Sec. 1.08.500. Administrative department. (a) An administrative department is hereby established. (b) The administrative department is headed by the city clerk with responsibilities for the issuance of licenses and permits, recording and custody of official documents, legal publication, the administration of elections, and city com- munications. (Ord. No. 286(3rd series), § 17(2-145), 12-11- 2023) Sec. 1.08.510. Engineering department. (a) An engineering department is hereby established. CD1:19 ti 0 § 1.08.510 ORONO CODE (b) The department is headed by the city engineer who will be a registered engineer under state law with responsibilities for all project engineering, traffic engineering, and subdivision services, related code enforcement, capital project construction planning and management and engineering studies. (Ord. No. 286(3rd series), § 17(2-146), 12-11- 2023) ARTICLE V. FINANCE* Sec. 1.08.610. Fees to be established by resolution; effect of absence of resolution. (a) Except as otherwise specifically provided by law or ordinance, all fees required or charged by the city shall be as established by resolution. (b) If the city has not established a particular fee by resolution, but has established such fee by ordinance, such fee shall be as established by ordinance; however, the city may reestablish or alter such fee by resolution. (Code 2003, § 2-171) Sec. 1.08.620. Disposal of excess property. (a) The city administrator may recommend to the council that certain personal property (chat- tels) owned by the city is no longer needed for a municipal purpose and should be sold. By action of the council, such property shall be declared surplus, the value estimated and the city authorized to dispose of such property in the manner stated in this section. (b) The city administrator may sell surplus property with a total value of less than $100.00 through negotiated sale. (c) The city administrator shall offer for public sale, to the highest bidder, surplus property with a total estimated value over $100.00. Notice of such public sale shall be given, stating time and place of sale and generally describing property to be sold, at least ten days prior to the date of sale *State law reference —Municipal finance, Minn, Stats. chs. 426-435. by publication once in the official newspaper. Such sale shall be by auction or to the person submitting the highest bid. (d) All receipts from sales of surplus property under this section shall be placed in the general fund. (e) No employee of the city who is a member of the administrative staff, department head, a member of the council, or an advisor serving the city in a professional capacity may be a purchaser of property under this section. Other city employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one week's published or posted notice of sale is given. It is unlawful and punishable as provided in section 1.04.080 for any person to be a purchaser of property under this section if such purchase is prohibited by the terms of this section. (Code 1984, § 2.61(3), (4); Code 2003, § 2-172) ARTICLE VI. BOARDS AND COMMISSIONS Sec. 1.08.710. Appointments; removal. All board and commission appointments authorized by ordinance shall be made by the council at the first regular meeting in January of each year unless another appointment date is established elsewhere by ordinance. The term of each appointee shall be established and stated at the time of his appointment, and terms of pres- ent board and commission members may be reestablished and changed so as to give effect to this section. New appointees shall assume office immediately. All appointees to boards and com- missions shall hold office until their successor is appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be only for the unexpired term. No appointed board or commis- sion member shall be an employee of the city, but an ex officio member may be so employed. All appointed board and commission members shall serve without remuneration but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the council before they were incurred. In order to balance CD1:20 00 0 r GOVERNMENT OPERATION the need for consistency, with the desire to provide ongoing opportunities for new members, the council, in general, will reappoint commis- sion members for up to two additional three-year terms beyond their initial three-year term. Any board or commission member may be removed by the council for any reason and his position filled as any other vacancy. Each board and commis- sion shall hold its regular meetings at a time established and approved by the council. Boards and commissions created by resolution shall terminate when the purpose for which they were created has been accomplished or upon the expira- tion of their terms stated in the resolution. Except as otherwise provided, this section shall apply to all boards and commissions. (Code 1984, § 2.50; Code 2003, § 2-206; Ord. No. 115(2nd series), 5-24-1993) CHAPTER 1.12. ELECTIONS* Sec. 1.12.010. Date of election. The regular city election shall be held bienni- ally on the first Tuesday after the first Monday in November in every even -numbered year. (Code 1984, § 2.03(1); Code 2003, § 6-1) Sec. 1.12.020. 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: General election means an election held at regular intervals on a day determined by law or charter at which the voters of the state or any of its subdivisions choose by ballot public officials or presidential electors. Special election means an election held at any time to fill vacancies in public offices. Vacancy. A vacancy occurs for the reasons stated in Minn. Stats. § 351.02 or other state law. (Ord. No. 307(3rd Series), § 1(6-2), 2-10-2025) *State law references —Minnesota Election Law, Minn. Stats. chs. 200, 201, 202A, 20313, 20413, 204C, 204D, 205, 205A, 206, 208, 209, 211A, 21113, 211C; municipal elections, Minn. Stats. ch. 205. § 1.16.020 Sec. 1.12.030. Special election timing. After a vacancy is declared on the city council and a person appointed to fill the vacancy, a special election shall be held pursuant to Minn. Stats. § 412.02, subd. 2a, if there are more than 365 days remaining until the next general elec- tion. The council may by resolution establish the dates of filing affidavits of candidacy for the office, the time for absentee balloting, and the dates of the special election, as well as other provisions for the effective administration of the election. The special election must be held on one of the uniform election dates pursuant to Minn. Stats. § 205.10, subd. 3a. (Ord. No. 307(3rd Series), § 1(6-3), 2-10-2025) State law reference —Similar provisions, Minn. Stats. §§ 412.023, 205.07. CHAPTER 1.16. SPECIAL ASSESSMENTSf Sec. 1.16.010. Prepayment authorized. Property owners assessed for public improve- ment projects may partially prepay their assess- ment in the following manner: (1) No interest shall be charged for partial prepayments made within 30 days from the date of adoption of the assessment. (2) Partial prepayments made after 30 days from the adoption date of the assessment and before November 15 of the year of the assessment shall incur interest based upon the entire assessment through December 31 of the year of the assess- ment. (Code 2003, § 10-1; Ord. No. 160(2nd series), 5-12-1997) State law references —Partial prepayments of special assessments, Minn. Stats. § 429.061, subd. 3; special assess- ments, Minn. Stats. ch. 429. Sec. 1.16.020. Deferment of special assess- ments. (a) The council may defer the payment of any special assessment on homestead property owned by a person who is 65 years of age or older, or tState law references —Special assessments, Minn. Stats. ch. 429; authority to defer special assessment, Minn. Stats. § 435.193; termination of deferment, Minn. Stats. § 435.195. CD1:21 § 1.16.020 ORONO CODE who is retired by virtue of permanent and total disability; and the city clerk is authorized to record the deferment of special assessments where the following conditions are met: (1) The applicant must apply for the defer- ment not later than 90 days after the assessment is adopted by the council. (2) The applicant must be 65 years of age, or older, or retired by virtue of permanent and total disability, which shall be deemed prima facie to exist when the applicant presents a statement by a medical doctor attesting that the that fact or by submit- tal of a copy of a social security disability certification. (3) The applicant must be the owner of the property. (4) The applicant must occupy the property as his principal place of residence. (5) There must be a hardship for the applicant to make the payments. A hardship shall be deemed prima facie to exist when the applicant's income from all sources shall not exceed the low income limit as established by the Department of Hous- ing and Urban Development as used in determining the eligibility for Section 8 housing. In determining a hardship, the city council may also consider exceptional and unusual circumstances pertaining to an applicant not covered by the above standards, but any such determination shall be made in a non-discriminatory manner and shall not give the applicant an unreasonable preference or advantage over other applicants. (b) The deferment shall be granted for as long a period of time as the hardship exists and the conditions as mentioned in subsection (a) of this section have been met. However, it shall be the duty of the applicant to notify the city clerk of any change in his status that would affect eligibil- ity for deferment. (c) The entire amount of deferred special assessments shall be due within 60 days after loss of eligibility by the applicant. If the special assessment is not paid within 60 days, the city clerk shall add thereto interest at eight percent per annum from the due date through December 31 of the following year and the total amount of principal and interest shall be certified to the county auditor for collection with taxes the following year. Should the applicant plead and prove, to the satisfaction of the council, that full repayment of the deferred special assessment would cause the applicant particular undue financial hardship, the council may order that the applicant pay within 60 days a sum equal to the number of installments of deferred special assessments outstanding and unpaid to date (including principal and interest) with the bal- ance thereafter paid according to the terms and conditions of the original special assessment. (d) The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due upon the occurrence of any one of the following: (1) The death of the owner when there is no spouse who is eligible for deferment. (2) The sale, transfer or subdivision of all or any part of the property. (3) Loss of homestead status on the property. (4) Determination by the council for any reason that there would be no hardship to require immediate or partial payment. (Code 1984, § 2.62; Code 2003, § 10-2; Ord. No. 286(3rd series), § 18, 12-11-2023) State law references —Authority to defer special assess- ment, Minn. Stats. § 435.193; termination of deferment, Minn. Stats. § 435.195. CD1:22 0 r r N r r Title II UTILITIES Chapter 2.04. Utilities Generally Article I. In General Sec. 2.04.010. Definitions. Sec. 2.04.020. Contractual contents. Article II. Public Utilities Sec. 2.04.110. Underground utility construction. Sec. 2.04.120. Fixing rates and charges for public utilities. Article III. City Utilities Division 1. Generally Sec. 2.04.210. Ownership of municipal utilities. Sec. 2.04.220. Municipal utility service outside the city. Sec. 2.04.230. Right of entry. Sec. 2.04.240. Application, connection and sale of service. Sec. 2.04.250. Discontinuance of service. Sec. 2.04.260. Damage to municipal utility equipment. Sec. 2.04.270. Permission required for connection. Sec. 2.04.280. Permit required for turning on discontinued service. Sec. 2.04.290. Certification required prior to tapping or connection. Sec. 2.04.300. Separate services. Sec. 2.04.310. Water meters. Sec. 2.04.320. Meter test. Division 2. Rates and Charges Sec. 2.04.410. Fixing rates and charges for municipal utilities. Sec. 2.04.420. Unmetered service. Sec. 2.04.430. Metered water not discharged. Sec. 2.04.440. Unmetered water supply. Sec. 2.04.450. Billing, payment and delinquency. Division 3. Water Service Sec. 2.04.510. Deficiency of water and shutting off water. Sec. 2.04.520. Connection fees. Sec. 2.04.530. Code requirement. Sec. 2.04.540. Service pipes. Sec. 2.04.550. Private water supplies. Sec. 2.04.560. Regulating the use of water during periods of water shortage. Sec. 2.04.570. Water emergencies. Sec. 2.04.580. Repair of leaks. Sec. 2.04.590. Private fire protection systems. Sec. 2.04.600. Opening hydrants. Sec. 2.04.610. Abandoned services penalties. Division 4. Sewers and Sewage Disposal Subdivision I. In General Sec. 2.04.710. Definitions. CD2:1 M ORONO CODE Sec. 2.04.720. Construction, maintenance and repair. Subdivision II. Discharge Restrictions Sec. 2.04.810. Classification of industrial wastes. Sec. 2.04,820. Deleterious substances. Sec. 2.04.830. Unlawful discharge. Sec. 2.04.840. Prohibited discharges of groundwater/stormwater into the sanitary sewerage system. Sec. 2.04.850. Point of sale certificate of inflow and infiltration compliance. Sec. 2.04.860. Appeals. Diuision 5. Storm Setoer System Subdivision I. In General (Reserved) Subdivision II. Drainage and Erosion Control Sec. 2.04.1010, Drainage plan. Sec. 2.04.1020. Erosion and sediment control plan. Sec. 2.04.1030. Approval. Subdivision III. Stormwater Drainage Utility Sec. 2.04.1110. Statutory authority. Sec. 2.04.1120. Findings and determinations. Sec. 2.04.1130. Excluded lands. Sec. 2.04.1140. Establishing basic rate. Sec. 2.04.1150. Rates and charges. Sec. 2.04.1160. Responsibilities of user. Sec. 2.04.1170. Adjustments of charges. Subdivision IV. Stormwater Trunk Fee Sec. 2.04.1210. Statutory authority. Sec. 2.04.1220. Findings and determinations. Sec. 2.04.1230. Rates and charges. Sec. 2.04.1240. New development projects. Sec. 2.04.1250. Responsibility to supply information. Sec. 2.04.1260. Adjustment of charges. Sec. 2.04.1270. Credit for past payments. Subdivision V. Stormwater Illicit Discharge and Illicit Connection Sec. 2.04.1310. Purpose. Sec. 2.04.1320. Findings. Sec. 2.04.1330. Administration. Sec. 2.04.1340. Illegal disposal and dumping. Sec. 2.04.1350. Prohibition of illicit discharges and connections. Sec. 2.04.1360. General provisions. Sec. 2.04.1370. Industrial activity discharges. Sec. 2.04.1380. Notification of spills. Sec. 2.04.1390. Suspension of storm sewer system access. Sec. 2.04.1400. Enforcement; notice of violation. CD2:2 UTILITIES CH"TER 2.04. UTILITIES GENERALLY* ARTICLE I. IN GENERAL Sec. 2.04.010. 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: Best management practice (BMP) means ero- sion and sediment control and water quality management practices that are the most effec- tive and practicable means of controlling, prevent- ing, and minimizing the degradation of surface water, including construction -phasing, minimiz- ing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area -wide plan- ning agencies. Discharge means adding, introducing, releas- ing, leaking, spilling, casting, throwing, or emit- ting any pollutant, or placing any pollutant in a location where it is likely to pollute waters of the state. Erosion means the group of natural processes, including weathering, dissolution, abrasion, cor- rosion, and transportation, by which material is worn away from the earth's surface or the erosive process of washing away soil by water. Groundwater is water contained below the surface of the earth in the saturated zone, including, without limitation, all waters whether under conned, unconfined, or perched conditions, in near surface unconsolidated sediment or regolith, or in rock formations deeper underground. Illicit connection means either of the follow- ing: (1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system (including any non-stormwater discharge), including sewage, process *State law references —Municipal water and sewer systems, Minn. Stats. ch. 444; municipal ownership of public utilities, Minn. Stats. ch. 452. § 2.04.010 wastewater, and wash water and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or (2) Any drain or conveyance connected from a residential, commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Illicit discharge means any direct or indirect non-stormwater discharge to the storm sewer system, except as exempted in this chapter. MPCA means the Minnesota Pollution Control Agency. Municipal separate storm sewer system (MS4) means the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying stormwater, and which is not used for collecting or conveying sewage. National Pollutant Discharge Elimination System (NPDES) means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment require- ments under sections 307, 318, 402, and 405 of the Clean Water Act, 33 USC 1317, 1328, 1342, and 1345. Person means any individual, firm, corpora- tion, partnership, franchise, association or governmental entity. Pollutant. (1) The term "pollutant" means any substance which, when discharged, has potential to or does any of the following: a. Interferes with state designated water uses; b. Obstructs or causes damage to waters of the state; CD2:3 W) § 2.04.010 ORONO CODE C. Changes water color, odor, or Waters of the state has the meaning given it in usability as a drinking water source Minn. Stats. § 115.01, subd. 22. through causes not attributable to (Code 1984, § 3.01; Code 2003, § 14-1; Ord. No. natural stream processes affecting 56(3rd series), § 1, 4-13-2009) surface water or subsurface processes affecting groundwater; Sec. 2.04.020. Contractual contents. d. Adds an unnatural surface film on the water; e. Adversely changes other chemical, biological, thermal, or physical condi- tion, in any surface water or stream channel; f. Degrades the quality of groundwater; or g. Harms human life, aquatic life, or terrestrial plant and wildlife. (2) The term "pollutant" includes, but is not limited to, dredged soil, solid waste, incinerator residue, garbage, wastewater sludge, chemical waste, biological materi- als, radioactive materials, rock, sand, dust, industrial waste, sediment, nutrients, toxic substance, pesticide, herbicide, trace metal, automotive fluid, petroleum -based substance, and oxygen - demanding material. Pollute means to discharge pollutants into waters of the state. Pollution means the direct or indirect distribu- tion of pollutants into waters of the state. State designated water uses means uses speci- fied in state water quality standards. Storm sewer system is a conveyance or system of conveyances that is owned and operated by the city or other entity and designed or used for collecting or conveying stormwater. Stormwater means precipitation runoff, storm - water runoff, snow melt off, and any other surface runoff and drainage. Provisions of this chapter relating to municipal utilities shall constitute portions of the contract between the city and all consumers of municipal utility services, and every such consumer shall be deemed to assent to the same. All contracts between franchisees and consumers of utility services other than municipal shall be in strict accord with the provisions of this chapter. (Code 1984, § 3.04; Code 2003, § 14-2) ARTICLE II. PUBLIC UTILITIES Sec. 2.04.110. Underground utility construction. (a) Underground construction required. All utility lines installed, constructed or otherwise placed within the city for electric, telephone, TV cable or other like or similar services to serve residential, commercial and industrial custom- ers in newly platted areas, and which utilize metallic conductors to carry electric current, whether owned, installed or constructed by the supplier, consumer or any party, shall be installed and placed underground, subject only to the exceptions stated in this section; however, above- ground placement, construction, modification or replacement of meters, gauges, transformers, streetlighting and service connection pedestals shall be allowed. The requirements of this sec- tion shall apply equally outside of the corporate limits of the city coincident with city jurisdiction of platting, subdivision regulation or comprehensive planning as may be allowed by law. All companies installing and operating lines such as those described in this section shall be referred to as utility companies for purposes of this section. Surface waters means all waters of the state other than groundwaters, which include ponds, (b) Exceptions to application. The following exceptions to the strict applicability of this sec - lakes, rivers, streams, tidal and nontidal wetlands, public ditches, tax ditches, and public drainage tion shall be allowed upon the conditions stated: systems except those designed and used to col- (1) Transmission lines. Above -ground place- lect, convey, or dispose of sanitary sewage. ment, construction, modification or CD2A (a r r UTILITIES replacement of those lines commonly referred to as high -voltage transmission lines upon which the conductor's normal operating voltage equals or exceeds 23,000 volts (phase to phase) shall be allowed; however, 60 days prior to commencement of construction of such a project, the city shall be furnished notice of the proposed project and, upon request, the utility company involved shall furnish any relevant information regarding such project to the city. This section shall not be construed as waiving the require- ments of any other ordinance or regula- tion of the city as it may apply to any such proposed project. (2) Technical and economic feasibility. Above- ground placement, construction, modifica- tion or replacement of lines shall be allowed in residential, commercial and industrial areas where the council, fol- lowing consideration and recommenda- tion by the planning commission, finds that: a. Underground placement would place an undue financial burden upon the landowner or the utility company or deprive the landowner of the preservation and enjoyment of substantial property rights; or b. Underground placement is impracti- cal or not technically feasible due to topographical, subsoil or other exist- ing conditions which adversely affect underground utility placement. (3) Temporary service. Above -ground place- ment of temporary service lines shall only be allowed: a. During the new construction of any project for a period not to exceed 24 months. b. During any emergency to safeguard lives or property within the city. C. For a period of not more than seven months when soil conditions make excavation impractical. § 2.04.120 d. Where specifically waived by the council based on facts presented to it. (c) Repair and maintenance of existing instal- lations. Nothing in this section shall be construed to prevent repair, maintenance, replacement or modification of existing overhead utility lines. (d) Developer responsibility. All owners, plat- ters or developers are responsible for complying with the requirements of this section, and prior to the final approval of any plat or development plan, shall submit to the planning commission written instruments from the appropriate utility companies showing that all necessary arrange- ments with such companies for installation of utilities have been made. (e) Placement. (1) All utility lines shall be placed within appropriate easements or dedicated public ways so as to cause minimum conflict with other underground services. Whenever feasible, all utilities shall be placed within the same trench. (2) All utility companies shall submit annu- ally to the building inspector current maps revealing locations of underground installations and whether such installa- tions were installed prior to or after April 1, 1984. (Code 1984, § 12.40; Code 2003, § 14-36) Sec. 2.04.120. Fixing rates and charges for public utilities. Public utility company rates and charges may be fixed and determined by the respective franchisees in compliance with this section, as follows: (1) No rate or charge involving an increase shall become effective until approved by the council, unless the council has delegated its rate -setting authority to another authority. To request such increase, the franchisee shall prepare its written petition setting forth the then - current and proposed rates and charges, the effective date of the proposed increases (which may not be within 90 days of CD2:5 ti T T § 2.04.120 (2) (3) (4) (Code ORONO CODE filing the petition), and the reasons neces- sitating the proposed increase or increases. Such petition shall be filed with the council by serving the petition on the city clerk in person or by certified mail, return receipt requested. Within 30 days of such filing, the council shall adopt a resolution and serve the resolution upon the resident superintendent of the franchisee in like manner as the petition may be served, either approving the proposed increases or ordering a hearing to be held within 60 days. If no such action is taken by the council, such increase shall take effect on the date stated in the franchisee's peti- tion as though approved by the council. Prior to the hearing date, the franchisee shall, without delay, comply with the city's reasonable requests for examina- tion and copying of all books, records, documents and other information relat- ing to the subject matter of the petition. Should the franchisee unreasonably delay, fail or refuse such requests, such action shall be grounds for a continuance of the hearing date. Notice of hearing shall be in the form and manner stated in the resolution. At the hearing, all persons wishing to be heard on the matter shall be afforded a reason- able opportunity. Findings and a deci- sion shall be made by the council within 15 days after the hearing and served upon the franchisee. 1984, § 3.03; Code 2003, § 14-37) ARTICLE III. CITY UTILITIES Division 1. Generally Sec. 2.04.210. Ownership of municipal utilities. Ownership of all municipal utilities, plants, lines, mains, extensions and appurtenances shall be and remain in the city; and no person shall own any part or portion of the utilities. However, private facilities and appurtenances constructed on private property are not intended to be included in municipal ownership. All private extensions of public utilities shall be constructed and maintained in accordance with city standards. (Code 1984, § 3.05(4); Code 2003, § 14-71) Sec. 2.04.220. Municipal utility service outside the city. The city administrator is authorized to furnish municipal utility service to consumers outside the city, provided such consumers specifically agree to all the terms of this Code, including, but not limited to, rules, regulations and rates adopted under this Code and the right to specially assess delinquent services, charges and penalties. (Code 1984, § 3.05(10); Code 2003, § 14-72) Sec. 2.04.230. Right of entry. The city has the right to enter in and upon private property, including buildings and dwell- ing houses, in or upon which is installed a municipal utility, or connection with a municipal utility, at all times reasonable under the circumstances, for the purpose of reading utility meters, for the purpose of inspection and repair of a utility system, or any part of the system, or public or private connection with the system, and for the purpose of connecting and disconnect- ing service. (Code 1984, § 3.05(5); Code 2003, § 14-73) Sec. 2.04.240. Application, connection and sale of service. Application for municipal utility services shall be made upon forms supplied by the city, and strictly in accordance with such forms. No con- nection shall be made until a permit has been issued by the city to a licensed plumber and consent has been received from the city to make the connection, and all fees, charges and assess- ments required by this chapter have been paid in full. All municipal utilities shall be sold and delivered to consumers under the then applicable rate applied to the amount of such utilities taken as metered or ascertained in connection with such rates. Where no stub is provided, or where the customer desires a different location, the cost CD2:6 00 UTILITIES of extending service to the main, including tap- ping, filling and permanent repair, shall be at the customer's expense. No utility connection permit shall authorize street openings or excava- tions of the roadway surface, curb or gutter, without a permit issued in accordance with chapter 3.04, article IV. (Code 1984, § 3.05(2); Code 2003, § 14-74) Sec. 2.04.250. Discontinuance of service. (a) Grounds for discontinuance. All municipal utilities may be shut off or discontinued whenever it is found that: (1) The owner or occupant of the premises served, or any person working on any connection with the municipal utility systems, has violated any related require- ment of this Code or any connection with the system; (2) Any charge for a municipal utility service, or any other financial obligation imposed on the present owner or occupant of the premises served, is unpaid after due notice; or (3) There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges. (b) Notice and procedure. (1) It is city policy to annually certify delinquent utility accounts to the county for collection with the following year's property tax levy. If it is deemed more appropriate to discontinue utility service by reason of nonpayment of bills, it is the policy of the city to discontinue utility service to customers only after notice and a meaningful opportunity to be heard on disputed bills. The city's form for application for utility service and all bills shall contain, in addition to the title, address, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect: a. That all bills are due and payable on or before the date set forth on the bill; § 2.04.250 b. That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and C. That any customer disputing the correctness of his or her bill shall have a right to a hearing at which time he or she may be represented in person and by counsel or any other person of his or her choosing and may present orally or in writing his or her complaint and conten- tions to the city official in charge of utility billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determina- tion of the customer's complaint. (2) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days. (3) When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, and must be in accordance with section 2.04.280, as that section may be amended from time to time. (c) Cold weather rule. Pursuant to Minn. Stats. § 216B.097, as it may be amended from time to time, no service of a residential customer shall be disconnected if the disconnection affects the primary heat source for the residential unit when the disconnection would occur during the period between October 1 and April 30, the customer has declared inability to pay on forms provided by the city, the household income of the CD2:7 0 § 2.04.250 ORONO CODE customer is at or below 50 percent of the state median household income as documented by the customer to the city, and the customer's account is current for the billing period immediately prior to October 1 or the customer has entered into a payment schedule and is reasonably cur- rent with payments under the schedule. The city clerk shall, between August 1 and October 30 of each year, notify all residential customers of these provisions. (Code 1984, § 3.05(3); Code 2003, § 14-75; Ord. No. 289(3rd series), § 1, 2-26-2024) Sec. 2.04.260. Damage to municipal utility equipment. Any person causing damage to any municipal utility equipment or appurtenance, including, but not limited to, meters, streetlights, water hydrants and curb cocks, shall pay the reason- able value of such equipment or appurtenance to the city, including labor for renewal and instal- lation of any equipment, and shall be, in effect, an insurer of any equipment in his possession or with which he comes in contact. (Code 1984, § 3.05(9); Code 2003, § 14-76) Sec. 2.04.270. Permission required for connection. It is unlawful for any person to make any connection with, opening into, use, extend or alter in any way any municipal utility system without first having applied for and received written permission to do so from the city. (Code 1984, § 3.05(7)(B); Code 2003, § 14-77) Sec. 2.04.280. Permit required for turning on discontinued service. It is unlawful for any person to turn on or connect a utility when the utility has been turned off or disconnected by the city for nonpay- ment of a bill, or for any other reason, without first having obtained a permit to do so from the city. (Code 1984, § 3.05(7)(C); Code 2003, § 14-78) Sec. 2.04.290. Certification required prior to tapping or connection. (a) Prior to issuance of a permit to tap or connect a lot or parcel of land with a municipal utility, the city shall issue a certificate of compli- ance with one of the subsections of this section. Any certificate issued under this section shall provide that in the event of a subsequent assess- ment for such utility, the amount of the assess- ment shall be credited against the subsequent assessment. (b) The certificate shall state that such lot or parcel has been specially assessed for its share of the cost of construction of the sewer or water main, as the case may be, and that no install- ments are delinquent or permit fees unpaid. (c) The certificate shall state that such lot or parcel has not been specially assessed for its share of the cost of construction of the sewer or water main, as the case may be, but that proceed- ings have been, or will be, commenced, and that no permit fees are unpaid. (d) The certificate shall state that such lot or parcel has not been specially assessed for its share of the cost of construction of the sewer or water main, as the case may be, but that a sum equal to such share has been paid to the city, and that no permit fees are unpaid. (Code 1984, § 3.06; Code 2003, § 14-79) Sec. 2.04.300. Separate services. Each separate occupied property or each separate building or occupancy on a single property shall be served by and shall utilize a separate service connection not shared by any other property or occupancy, including each unit of any townhouse development, or each com- mercial occupancy under separate ownership. Exceptions are: (1) Duplex dwellings consisting of two residential units in one building, on one parcel of property, owned by one owner; (2) Condominium, residential or commercial uses having more than one owner within the same building, where the land and/or common areas of the building, including service areas, are owned in common or by an association; or (3) Apartment buildings or leasehold com- mercial or industrial buildings having one owner but multiple tenants. (Code 1984, § 3.05(11); Code 2003, § 14-80) 0 N T_ UTILITIES Sec. 2.04.310. Water meters. (a) Requirement. All properties connected to the city water system must have a properly functioning and calibrated radio -read water meter of the appropriate size and type to obtain an accurate recording of the water used at the full range of anticipated flow rates. (1) Maintenance, repair and replacement. The city shall maintain and repair or replace all meters when rendered unserviceable through ordinary wear and tear. Where replacement, repair or adjustment of any meter is rendered necessary by the act, neglect or carelessness of the owner or occupant of any premises, any expense caused by the city thereby shall be charged against and collected from the owner or occupant of the premises. (2) City property. Water meters shall be and remain the property of the city and may be removed or replaced or changed as to size and type by the city whenever deemed necessary. (3) Access to read meters. City employees delegated for that purpose shall have free access at reasonable hours of the day to all parts of every building and premises connected with the municipal water supply system for reading of meters and inspec- tions. The city shall be authorized to make adjustments in water charges where, in their opinion, the amount billed is erroneous due to meter deficiency or other mistake. (b) Meter replacement. Installation of a radio - read capacity water meter shall be required on all structures served by the municipal water system. If a property owner does not authorize entry onto the property to allow installation of the meter within 60 days after the city requests entry, a surcharge fee as set forth in fee schedule will be applied. (c) New construction. A city -provided water meter and remote reader is required before either a temporary or permanent certificate of occupancy will be issued for any building with city water service. The property owner shall be § 2.04.320 responsible for retaining the services of a licensed plumber for the installation of all required water meters and remote readers. (d) Meter reading. The city normally reads water meters and bills for water usage on a quarterly basis. If the city is unable to obtain an accurate water meter reading because of a non- functioning or inaccessible water meter or remote reader, the city will estimate the quarterly water bill based on the past water usage for the property. (1) Failure to read. The city will provide notification to the property owner of the inability to obtain an accurate water meter reading and the city's need to obtain access to the property to allow for correction of the problem by the city. The property owner shall cooperate with the city to allow for correction of the situa- tion in a prompt manner. If the property owner is nonresponsive or uncooperative in coordinating with the city to allow for repair of the water meter and remote reader, the city reserves the right to add a nonrefundable service charge for a nonfunctioning or inaccessible water meter to the next water bill. (2) Service charge. The amount of this service charge shall be determined by ordinance and listed in the city fee schedule. This service charge will be added to future quarterly water bills and the water bill estimated until the property has a properly functioning and accessible radio - read water meter. The city also reserves the right to shutoff water service to any property that has had a nonfunctioning or inaccessible water meter or remote reader for more than six months after the property owner is notified of the situation. (Code 1984, § 3.10(10); Code 2003, § 14-81; Ord. No. 217(2nd series), 3-25-2002; Ord. No. 226(3rd series), § 1, 6-10-2019) Sec. 2.04.320. Meter test. Whenever a consumer shall request the city to test any utility meter in use by him, such a N TMM § 2.04.320 ORONO CODE request shall be accompanied by a fee in the amount prescribed by the current city fee schedule for each meter to be tested. If any such meter is found to be inaccurate, it shall be replaced with an accurate meter and the deposit refunded. If the meter shall be found to be accurate in its recordings or calculations, it shall be reinstalled and the deposit shall be retained by the city to defray the cost of such test. (Code 1984, § 3.05(6); Code 2003, § 14-82) Division 2. Rates and Charges Sec. 2.04.410. Fixing rates and charges for municipal utilities. All rates and charges for municipal utilities, including, but not by way of limitation, rates for service, permit fees, connection and meter read- ing fees, disconnection fees, reconnection fees, including penalties for nonpayment, if any, and fire hydrant availability fees, shall be fixed, determined and amended by the council and adopted by resolution. (Code 1984, § 3.02(1); Code 2003, § 14-106) Sec. 2.04.420. Unmetered service. Unmetered service may be provided for construction, flooding skating rinks, swimming pools and any other purpose upon approval by the city. Such service shall be at a duly adopted rate. Where it is difficult or impossible to accurately measure the amount of water taken, unmetered service may be provided and the unmetered rate applied; however, by acceptance the consumer agrees to have the city estimate the water used. In so estimating, the city shall consider the use to which the water is put and the length of time of unmetered service. (Code 1984, § 3.10(9); Code 2003, § 14-107) Sec. 2.04.430. Metered water not discharged. If a portion of the water furnished to any premises is not directly or indirectly discharged into the sewerage system, the quantity of such water shall be deducted in computing the sewer- age service charge or rental, provided a separate meter shall be installed and operated to register the quantity not discharged into the sewerage system; provided, also, that where it is not practicable to meter the portion of the water not discharged into the sewerage system, such adjust- ment may be made as shall be fair and equitable in order to determine the amount of such service charge or rental; but until such adjustment shall be effected, water consumption basis shall remain in full force and effect. (Code 1984, § 3.20(3); Code 2003, § 14-108) Sec. 2.04.440. Unmetered water supply. If any nonresidential premises discharge normal sewage or industrial waste into the sanitary sewerage system, either directly or indirectly, obtain part or all of the water used on the premises from sources other than the city, and the water so obtained is not measured by a meter of equivalent specifications to the meters used by the city, the city shall permit the discharge of normal sewage or industrial waste into its sanitary sewerage system only when the owner of such premises or some other interested party shall, at his own expense, install and maintain for the purpose of metering such water supply a water meter of equivalent specifications to those installed by the city in connection with the city water system. Each water meter shall be installed to measure all water received on such premises, and the above charges and rates shall be applied to the quantity of water received as measured by such meter. If, because of the nature of the source of the water supply, the city deems it impracticable to thus meter the water on any premises, the council may by resolution establish a flat charge per month in accordance with the estimated use of water on such premises. (Code 1984, § 3.20(7); Code 2003, § 14-109; Ord. No. 129(2nd series), § 2, 10-24-1994) Sec. 2.04.450. Billing, payment and delinquency. (a) All municipal utilities shall be billed monthly, and a utilities statement shall be mailed to each consumer. All utility charges shall be delinquent if they remain unpaid after 21 days from the date of the bill. Payments received on or before the 21st day shall be deemed as paid within that period. A penalty of eight percent CD2:10 N N TM, UTILITIES shall be added to and become part of all delinquent utility bills. If service is suspended due to delinquency, it shall not be restored at that location until a reconnection charge has been paid for each utility reconnected in addition to amounts owed for service and penalties. If delinquent charges are specially assessed under subsection (b) of this section, an additional sum of eight percent computed on the delinquent amount of charges and penalties shall be added to and become part of the amount so assessed to cover administrative costs of making the assess- ment. (b) Payment for service and charges provided for in this section shall be the primary responsibil- ity of the owner of the premises served and shall be billed to them unless otherwise authorized in writing by the tenant and owner and consented to by the city. The city may collect the payment in a civil action or, in the alternative and at the option of the city, as otherwise provided in this subsection. Each such charge is made a lien upon the premises served. All such charges which are on September 1 of each year more than 30 days past due shall be certified by the city clerk to the county auditor on or before December 1 of each year; and the city clerk in so certifying such charges to the county auditor shall specify the amount, the description of the premises served, and the name of the owner. The amount so certified shall be extended by the auditor on the tax rolls against such premises in the same manner as other taxes, collected by the county treasurer, and paid to the city along with other taxes. (Code 1984, § 3.05(1), (8); Code 2003, § 14-110; Ord. No. 246(3rd series), § 1, 6-22-2020) Division 3. Water Service Sec. 2.04.510. Deficiency of water and shutting off water. The city is not liable for any deficiency or failure in the supply of water to customers whether occasioned by shutting the water off for the purpose of making repairs or connections or by any other cause whatever. In case of fire, or alarm of fire, water may be shut off to ensure a supply for firefighting. In making repairs or § 2.04.540 construction of new works, water may be shut off at any time and kept off so long as may be necessary. (Code 1984, § 3.10(1); Code 2003, § 14-131) Sec. 2.04.520. Connection fees. Service shall be furnished only after proper application has been made and connection permit fees paid in full. (Code 1984, § 3.10(12); Code 2003, § 14-132) Sec. 2.04.530. Code requirement. Failure to install or maintain water service in accordance with the state plumbing code or failure to have or permit required inspections shall, upon discovery by the city, be an additional ground for termination of water service to any consumer. (Code 1984, § 3.10(11); Code 2003, § 14-133) Sec. 2.04.540. Service pipes. Every service pipe must be laid in such manner as to prevent rupture by settlement. The service pipe shall be placed not less than seven feet below the surface in all cases so arranged as to prevent rupture and stoppage by freezing. It is the responsibility of the property owner or build- ing occupant to repair frozen service pipes between the curb stop into the house or other building. Service pipes must extend from the curb stops to the inside of the building, or, if not taken into a building, then to the hydrant or other fixtures which they are intended to supply. A valve the same size as the service pipe shall be placed close to the inside wall of the building, ahead of the meter and well protected from freezing. Joints on copper tubing shall be flared and kept to a minimum. Not more than one joint shall be used for a service up to 70 feet in length. All service pipes, including joints, shall be left uncovered until inspected. Minimum size connec- tion with the water mains shall be three -fourths inch in diameter. The strength of all pipes shall be as prescribed by the city. (Code 1984, § 3.10(4); Code 2003, § 14-134; Ord. No. 137(3rd series), § 1, 2-9-2015) CD2:11 M N § 2.04.550 Sec. 2.04.550. Private water supplies. •101\• •OI No water pipe of the city water system shall be connected with any pump, well, pipe, tank or any device that is connected with any other source of water supply; and, when such are found, the city shall notify the owner or occupant to disconnect the device, and, if not immediately done, the city water shall be turned off. Before any new con- nections to the city system are permitted, or at the time such new connection is inspected, the city shall ascertain that no cross connections will exist when the new connection is made. When a building is connected to city water, the private water supply may be used only for such purposes as the city may allow. (Code 1984, § 3.10(5); Code 2003, § 14-135) Sec. 2.04.560. Regulating the use of water during periods of water shortage. (a) Purpose. In order to avoid a water short- age due to inadequate capacity in water systems, to ensure an adequate water supply for fire protection, to protect the environment of Lake Minnetonka, to ensure the protection of subter- ranean aquifers, to maintain the quality of domestic water supplies, and to protect the general health, safety and welfare of the residents, the regulations on nonessential water uses prescribed in this section shall apply during periods of water shortages. (b) Implementation of restrictions. Whenever the city council shall determine that a shortage of water threatens the city, it may enact by resolution the restrictions for nonessential water use set forth in this section. The resolution shall become effective 24 hours after passage and publication. The resolution shall contain the following information: (1) Uses of water that will be restricted; (2) Types of water supply which will be restricted, such as the public water system, private wells, lakes or other surface water systems; (3) Times during which the restriction will apply; (4) Whether the use restrictions will apply to all property in the city or will vary depending upon location or identification of property; (5) When the restrictions will be implemented and when they will terminate; and (6) Whether the restrictions will be voluntary or involuntary. (c) Notification of public. Whenever the city council enacts the restrictions in this section, it shall take such action as is reasonably practicable to notify the general public of the restrictions. The notice shall be posted on the city's bulletin board and shall be published in the local newspaper. The notice shall include the informa- tion described in subsection (b) of this section. (d) Types of water supply. The restrictions in this section shall, at the discretion of the city council, apply to the public water system, private wells, lakes or other surface water systems, or any combination. (e) Restrictions. (1) During a water shortage, the city council may order one or any combination of the following restrictions: a. A complete or partial ban on water use for watering lawns, trees and shrubs, irrigation, car washing, fill- ing swimming pools, air condition- ing, other uses determined by the city to be nonessential, or any combination; b. An oddleven watering ban in which residents of addresses ending in an even digit may water on even - numbered calendar days and residents of addresses ending in an odd digit may water on odd - numbered calendar days; C. A limitation of water use for speci- fied hours of the day; d. A voluntary or involuntary restric- tion; e. A use restriction applicable to all or part of the city or based on land use or property identification; and CD2:12 It N r UTILITIES § 2.04.580 f. Any other appropriate restrictions. (2) Prohibit sprinkling, irrigation or other (2) Newly seeded or sodded lawns shall be utilization of water from the city's exempt from these provisions for a period municipal water system for lawn, grass of 30 days after installation, although no or turf, except in those areas stated in the notice that such utilization of water new seeding or sodding may begin after may be used on odd- or even -numbered any applicable water use restriction is days of the month; or instituted. (3) Curtail industrial water usage. (3) The council delegates to the city administrator or his designee the author- (c) Upon written request and approval by the ity to declare an odd/even or total city administrator and subject to such terms and sprinkling ban or a complete water use conditions imposed by the city administrator ban of municipal users of any public with respect to such approval, the following system in the city when, in the opinion of persons may be authorized to sprinkle, irrigate the administrator or his designee, or otherwise utilize water from the city's municipal municipal water supplies have reached water system at times other than permitted in the point that it could endanger the subsection (b) of this section: supply for domestic sanitation and/or fire (1) Any person owning or operating a com- protection purposes. This would require mercial or business enterprise whose ratification by resolution at the council's economic well-being is dependent upon next regularly scheduled council meet- sprinkling, irrigating or watering of a ing. lawn, grass or turf owned, leased or (f) Termination. Any water use restrictions operated by it; imposed by the council during a water shortage (2) Employees and agents of the city, in such shall terminate by resolution of the city council. instances wherein lawn, grass or turf (Code 1984, § 3.10(14); Code 2003, § 14-136) used for playfields or areas owned or operated by the city require more frequent Sec. 2.04.570. Water emergencies. watering to prevent unreasonable damage to such areas; (a) Whenever, in the judgment of the city administrator, the water pressure and available (3) Owners and lessees, and their employees water in the municipal water system reaches a and agents, of lands newly sodded or level which endangers the public health or safety grass seeded which requires sprinkling of residents and other persons in the city, he may or irrigation to prevent loss new sod, declare a state of water emergency, which shall seed or immature turf or grasses. continue until such time as he shall determine (Code 1984, § 3.10(6); Code 2003, § 14-137) that the danger to public health or safety no longer exists. Forthwith upon the declaration of Sec. 2.04.580. Repair of leaks. a state of water emergency, notice shall be given It is the responsibility of the consumer or to the news media; and all orders of the city owner to maintain the service pipe from the curb administrator shall be enforced after one hour stop into the house or other building. In case of has elapsed from the time of such notice. failure upon the part of any consumer or owner (b) During the existence of a state of water to repair any leak occurring in his service pipe emergency, the city administrator may, by order: within 24 hours after oral or written notice has been given the owner or occupant of the premises, (1) Prohibit any sprinkling, irrigation or other the water may be shut off and will not be turned utilization of water from the city's on until a reconnection charge has been paid and municipal water system for lawn, grass the water service has been repaired. When the or turf; waste of water is great or when damage is likely CD2:13 W) N T" § 2.04,580 ORONO CODE to result from the leak, the water will be turned off if the repair is not proceeded with immediately. (Code 1984, § 3.10(2); Code 2003, § 14-138) Sec. 2.04.590. Private fire protection systems. Owners of structures with self-contained fire protection systems may apply for and obtain permission to connect the street mains with hydrants, large pipes and hose couplings, for use in case of fire only, at their own installation expense and at such rates as the council may adopt by resolution, and upon such conditions as the council may prescribe, including unmetered connections. Any system so installed may be used for fire protection purposes on the premises or adjacent premises. (Code 1984, § 3.10(7); Code 2003, § 14-139) Sec. 2.04.600. Opening hydrants. It is unlawful for any person, other than members of the fire department or other person duly authorized by the city, in pursuance of lawful purpose, to open any fire hydrant or attempt to draw water from the hydrant or in any manner interfere with the hydrant. It is also unlawful for any person so authorized to deliver or suffer to be delivered to any other person any hydrant key or wrench, except for the purposes strictly pertaining to their lawful use. (Code 1984, § 3.10(8); Code 2003, § 14-140) Sec. 2.04.610. Abandoned services penal- ties. Whenever ordered by the city, all service installations connected to the water system that have been abandoned or, for any reason, have become useless for further service shall be discon- nected at the main. The owner of the premises served by this service shall pay the cost of the excavation. The city shall perform the actual disconnection, and all pipe and appurtenances removed from the street right-of-way shall become the property of the city. When new buildings are erected on the site of old ones, and it is desired to increase the old water service, a new permit shall be taken out; and the regular tapping charge shall be made as if this were a new service. It is unlawful for any person to cause or allow any service pipe to be hammered or squeezed together at the ends to stop the flow of water, or to save expense in improperly removing such pipe from the main. Such improper disposition shall be corrected by the city, and the cost incurred shall be borne by the person causing or allowing such work to be performed. (Code 1984, § 3.10(3); Code 2003, § 14-141) Division 4. Sewers and Sewage Disposal Subdivision I. In General Sec. 2.04.710. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: I&I means inflow and infiltration. Industrial waste means any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing, trade or business, or from development of any natural resources. Infiltration means an indirect connection or discharge of clear water into the sanitary sewer system. Inflow means any direct connection of clear water into the sanitary sewer system. Sewage means water -carried waste products from residences, public buildings, institutions or other buildings or premises, including the excre- ment or other discharge from the bodies of human beings or animals, together with such groundwater infiltration and surface water as may be present. Sewer service lateral or service lateral means the portion of the sanitary sewer system that generally is perpendicular to the sewer main and extends from the sewer main to the structure being served. Sewerage service means the use of and benefit from the sewerage system, including the avail- ability, collection, transportation, pumping, treat- ment and final disposal of sewage. CD2:14 to N T_ UTILITIES Sewerage system includes all street lateral, main and intersecting sewers and structures by which sewage or industrial wastes are collected, transported, treated and disposed of, provided that this shall not include plumbing inside or a part of a building or premises served, or building sewers or service stubs from a building to the street lateral. (Code 1984, § 3.20(1); Code 2003, § 14-166; Ord. No. 247(3rd series), § 1, 6-8-2020) Sec. 2.04.720. Construction, maintenance and repair. The customer shall be responsible for all repairs and maintenance from the main to the house or other building. (Code 1984, § 3.20(2); Code 2003, § 14-167) Subdivision II. Discharge Restrictions Sec. 2.04.810. Classification of industrial wastes. The city shall have the power to classify the industrial wastes from any lot, parcel of land, building or premises discharged into the sewer- age system of the city, taking into consideration the quantity of sewage produced and its concentra- tion and composition, as specified in the Metro Waste Control Commission regulations, and of any other factors entering into the cost of its disposal, for the purpose of fixing and prescrib- ing a distinct rate of rental or use charge. Should it be found that as to such sewer uses the water basis consumption does not provide a practicable method for the premises, but until so determined and such distinct rate fixed, the water consump- tion basis hereinbefore prescribed shall remain in full force and effect as to such commercial or industrial users. The city may require and prescribe pretreatment on the consumer's premises. (Code 1984, § 3.20(4); Code 2003, § 14-186) Sec. 2.04.820. Deleterious substances. No sewage, including industrial wastes, shall contain any substance which is deemed deleteri- ous by the city to the operation of the sewerage system or to any plant or facilities used in the § 2.04.840 treatment or disposal of such sewage. If a user of the sewerage system discharges excessive loads or any deleterious substances therein which are likely to retard or injuriously affect sewerage operations, he shall discontinue such practice; and such practice is hereby declared to be a violation of this section. Each day of such viola- tion continuing after having been notified in writing by the city clerk to discontinue such practice shall be deemed a separate violation. (Code 1984, § 3.20(5); Code 2003, § 14-187) Sec. 2.04.830. Unlawful discharge. It is unlawful to discharge any of the following described wastes into the sewerage system: (1) Liquids having a temperature higher than 150 degrees Fahrenheit. (2) Water or waste which contains more than 100 parts per million (ppm) by weight of fat, oil or grease. (3) Gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas. (4) Garbage, except such as has been properly shredded. (5) Ashes, cinders, shavings, feathers, tar or other liquid or viscous substance capable of causing obstruction to the flow in the sewerage system or other interference with the proper operation of the system. (6) Noxious or malodorous substances capable of creating a public nuisance. (Code 1984, § 3.20(6); Code 2003, § 14-188; Ord. No. 129(2nd series), § 1, 10-24-1994) Sec. 2.04.840. Prohibited discharges of groundwater/stormwater into the sanitary sewerage system. (a) No person shall discharge or cause to be discharged, directly or indirectly, any stormwa- ter, surface water, groundwater, roof runoff, subsurface drainage or cooling water to any sanitary sewer. Any person having a roof drain, sump pump, unauthorized swimming pool discharge, cistern overflow pipe or surface drain CD2:15 ti N § 2.04.840 ORONO CODE connected and/or discharging into the sanitary sewer shall disconnect and remove any piping or system conveying such water to the sanitary sewerage system. (b) Inspection. Every person owning improved real estate that discharges into the city's sanitary sewerage system shall allow inspection by authorized city employees or its agents of all properties or structures connected to the sanitary sewerage system to confirm there is no sump pump or other prohibited discharge into the sanitary sewerage system. (1) In lieu of authorizing a city inspection of the property, the property owner may furnish a certificate from a licensed plumber, in a form acceptable and provided by the city, certifying that the property has no prohibited discharge in the municipal sanitary sewer system. All inspections and inspection reports must include a date -stamped video record of the complete lateral line from the property to sewer main. All inspections must be performed and reports completed in accordance with city standards and specifications within 60 days of written notification of the inspection require- ment. Once a sewer service line is televised and the line is deemed to be in good working order by the public works department, the line does not need to be re -televised for ten years. (2) Connection and disconnection permit inspections. Any property owner or consumer applying for a sewer connec- tion or disconnection permit from the city shall agree to an inspection of the structure's sump pump, footing or founda- tion drain discharge and sanitary sewer service lateral for compliance with this Code. No permanent occupancy for a new structure shall be issued without a certificate of I&I compliance. These inspections must be completed by a city inspector. (c) Any owner of any property found to be in violation of this section shall make the necessary changes to comply with this division, and such change shall be verified by authorized city employees or agents. Any property or structure not inspected or not in compliance shall, follow- ing notification from the city, comply within 90 calendar days or be subject to the surcharge as provided in subsection (f) of this section. (d) Existing buildings with sump pumps and all newly constructed buildings with sumps shall have a discharge pipe installed to the outside wall of the building. The pipe attachment must be of rigid permanent -type plumbing, such as PVC, copper or galvanized pipe. The discharge shall extend outside of the foundation and may not be pumped directly onto any public right-of- way unless approved by the public service direc- tor or his designee. Any disconnects or openings in the sanitary sewer shall be closed and repaired in compliance with applicable codes. (e) Upon verified compliance with this divi- sion, the city reserves the right to reinspect such property or structure or require the property owner to provide a certificate of compliance from a licensed plumber in a form acceptable to the city. Any property found not to be in compliance upon reinspection by the city shall, following notification from the city, comply within 90 calendar days or be subject to the surcharge provided for in subsection (f) of this section. (f) A surcharge set by the annual fee schedule adopted by the city council is imposed and shall be added to every utility billing to properties not in compliance with this division. The surcharge shall be added to every utility billing until the property is in compliance as determined by the city. If the surcharge is not paid in a timely manner, the delinquent payments may be certi- fied for collection with the following years' property taxes. (g) The city administrator, upon recommenda- tion of the city engineer, shall hear and decide requests for temporary waivers from the provi- sions of this division where strict enforcement would cause a threat to public safety because of circumstances unique to the individual property under consideration. Any request for a temporary waiver shall be submitted to the city administra- tor in writing within 30 calendar days of notifica- tion of noncompliance. Upon approval of a CD2:16 00 N T_ UTILITIES temporary waiver from the provisions of this (2) division, the property owner shall agree to pay an additional fee for sanitary sewerage services based on the number of gallons discharged into the sanitary sewerage system as estimated by the city engineer. (h) If a city drain the or storm sewer system is available to the property, stormwater and all other unpolluted discharges may be connected to it subject to approval by the city engineer. If a public system is not available, these discharges must be accommodated on the owner's property. (i) The imposition of the surcharge shall not limit the right of the city to seek an injunction in district court ordering the person to disconnect the nonconforming connection to the sanitary sewer or from pursuing any other legal remedies available; or in the alternative, the city may correct the violation and certify the costs of correction as an assessment against the property on which the correction was made. (Code 2003, § 14-189; Ord. No. 129(2nd series), § 2, 10-24-1994; Ord. No. 50(3rd series), § 1, 10-13-2008; Ord. No. 247(3rd series), § 2, 6-8- 2020) Sec. 2.04.850. Point of sale certificate of inflow and infiltration compliance. (a) Required. No person shall sell, give or transact a change in title or property ownership of real property with one or more buildings or structures that is served by municipal sanitary sewer, without first obtaining a certificate of I&I compliance from the city. (b) Inspection. The applicant for a certificate of I&I compliance is responsible for providing and inspection of the property after making application and payment of fees. The inspection shall be made by the city to determine whether the property is in accordance with city sanitary sewer regulations as provided in section 2.04.840. The inspection will also look for potential illicit discharges into the stormwater system. (1) A certificate of compliance shall be issued by the city upon successful completion of an inspection. A certificate of compliance shall be valid for ten years. § 2.04.850 In lieu of authorizing a city inspection of the property, the inspection requirement may be met by having the property owner contract with a licensed plumber to perform the inspection. The plumber must inspect the property's sump pump, sewer service lateral, and groundwater drain- age system, and upon completion, return an inspection form provided by the city documenting the results of the inspec- tion. The date -stamped video record shall be submitted to the city and reviewed and approved by the city for assessment of compliance with this section. All costs associated with an inspection by a privately retained plumber shall be the responsibility of the property owner. (c) Compliance. (1) Upon inspection, when the property use is in accordance with city sanitary sewer services regulations, a certificate of I&I compliance will be issued by the city. (2) A certificate of I&I compliance is valid to be used for the transfer of property. (d) Corrections. Upon notice that the discharge of clear water on a property is not in compliance with this division, the owner or occupant of the property shall cease from discharging clear water in violation of this division and shall make the necessary repairs and corrections to discharge the clear water in accordance with this division. (1) Discharge of clear water in compliance with this division shall be completed within 90 days of the date of notice of noncompliance, or as determined by the public works director. (2) If an inspection discloses that use of a property is not in accordance with city sanitary sewer service regulations, a cor- rection notice may be issued by the city permitting the transfer of property, provid- ing: a. An agreement by the new owner or the new owner's representative has been executed with the city, whereby the new owner or the new owner's representative agrees to complete CD2:17 0 N § 2.04.850 ORONO CODE corrections to the property neces- sary to bring it within compliance of the city sanitary sewer service regulations within 180 days of the transfer of property. b. The seller shall provide proof to the city that funds were placed in an escrow account at closing to cover the required repairs. The security shall be placed in an escrow with a licensed real estate closer, licensed attorney -at -law or a federal or state chartered financial institution. The amount escrowed shall be equal to 110 percent of a written estimate to install or line the service line by a licensed and certified installer. After a complying service line has been installed or lined and a certificate of compliance issued, the city shall provide the escrow agent a copy of the certificate of compliance. This escrow requirement may be waived if the property contains a principle structure that will be demolished and the agreement referenced in subsection (d)(2)a of this section includes an acknowledgment by the new owner that the demolition and reconstruction will result in the requirement for a new sanitary sewer service line. C. The owner (or transferor) or owner's representative involved in the transaction are responsible for disclosing the correction notice to the transferee and all other persons or entities involved in the transac- tion. The responsibility for repair- ing any nonconformance with the sanitary sewer service regulations runs with the land and not only rests with the owner or transferor but is also an obligation of the transferee of the property. If repairs are not completed within one year of the first inspection, the inspec- tion becomes invalid and the process starts again, which includes paying the applicable inspection fee. (e) Penalties. A monthly surcharge in an amount duly adopted by the city council and set forth in the city's fee schedule shall be assessed against any property found to be in violation of this section. A surcharge will be assessed for every month during which the property is not in compliance. This charge shall cease when the property has been inspected and acceptable certification of compliance is submitted to the city. (Code 2003, § 14-190; Ord. No. 247(3rd series), § 3, 6-8-2020) Sec. 2.04.860. Appeals. Application for appeal of any administrative determination made pursuant to this division shall be addressed to the city administrator within 30 days of the determination. Applica- tions shall at a minimum identify the property for the appeal sought, the name of the property owner, and describe in detail the determination which is being appealed. Within 60 days of receipt of the application, the city council shall make its decision on the matter and send a written copy of such decision to the property owner by mail. (Code 2003, § 14-191; Ord. No. 247(3rd series), § 4, 6-8-2020) Division 5. Storm Sewer System Subdivision I. In General (Reserved) Subdivision II. Drainage and Erosion Control Sec. 2.04.1010. Drainage plan. In the development, improvement or altera- tion of land, the direction, quantity or quality of drainage shall not be changed unless plans for the development are submitted to the city engineer, and are found to be in compliance with the city's stormwater management policies. Runoff shall be properly channeled into a storm drain, watercourse, ponding area or other public facil- ity. (Code 2003, § 14-231; Ord. No. 213(2nd series), § 1(10(1)), 12-10-2001; Ord. No. 214(2nd series), § 1(11(1)), 12-10-2001) 0 M r UTILITIES Sec. 2.04.1020. Erosion and sediment control plan. Prior to the issuance of a building or grading permit for any development, improvement or alteration of land, a plan for erosion and sedimentation control shall be presented with the site plan. The erosion and sedimentation control plan shall specify the measures to be used before, during and after construction until the soil and slope are stabilized by permanent cover. These control measures shall be maintained in good working order until site stabilization occurs. (Code 2003, § 14-232; Ord. No. 213(2nd series), § 1(10(2)), 12-10-2001; Ord. No. 214(2nd series), § 1(11(2)), 12-10-2001) Sec. 2.04.1030. Approval. Plans and provisions required for compliance with this subdivision must be submitted to the city engineer for approval. (Code 2003, § 14-233; Ord. No. 213(2nd series), § 1(10(3)), 12-10-2001; Ord. No. 214(2nd series), § 1(11(3)), 12-10-2001) Subdivision III. Stormwater Drainage Utility Sec. 2.04.1110. Statutory authority. Minn. Stats. § 444.075 authorizes cities to impose just and reasonable charges for the use and availability of storm sewer facilities (charges). By this subdivision the city elects to exercise such authority. (Code 2003, § 14-251; Ord. No. 213(2nd series), § 1(1), 12-10-2001) Sec. 2.04.1120. Findings and determina- tions. In providing for such charges, the findings and determinations set out in this section are made. § 2.04.1130 (the system). This subdivision is adopted in the further exercise of such authority and for the same purpose. (2) The system, as constructed, heretofore has been financed and paid for through the imposition of special assessments and ad valorem taxes. Such financing methods were appropriate to the circumstances at the time they were used. It is now necessary and desirable to provide an alternative method of recovering some or all of the future costs of improving, maintaining and operating the system through the imposition of charges as provided in this subdivision. (3) In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable. Taking into account the status of completion of the system, past methods of recovering system costs, the topography of the city and other relevant factors, it is determined that it would be just and equitable to assign responsibility for some or all of the future costs of operating, maintain- ing and improving the system on the basis of the expected stormwater runoff from the various parcels of land within the city during a standard five-year rainfall event. (4) Assigning costs and making charges based upon expected typical stormwater runoff cannot be done with mathematical preci- sion but can only be accomplished within reasonable and practical limits. The provi- sions of this subdivision undertake to establish a reasonable and practicable methodology for making such charges. (Code 2003, § 14-252; Ord. No. 213(2nd series), § 1(2), 12-10-2001) Sec. 2.04.1130. Excluded lands. (1) In the exercise of its governmental author- ity and in order to promote the public No charge for system availability or service health, safety, convenience and general shall be made against land which is: welfare, the city has constructed, oper- ated and maintained a storm sewer system (1) Public or private street right-of-way; CD2:19 T M qrM § 2.04.1130 ORONO CODE (2) Vacant and unimproved land with substantially all of its surface having vegetation as ground cover; (3) Land owned by the city; or (4) Park land owned by other governmental agencies. (Code 2003, § 14-253; Ord. No. 213(2nd series), § 1M, 12-10-2001) Sec. 2.04.1140. Establishing basic rate. The basic system rate to be charged against an average single-family residence shall be included in the city fee schedule and shall be changed as necessary by resolution of the council. The charge to be made against all other nonresidential properties shall be made in accordance with section 2.04.1150. (Code 2003, § 14-254; Ord. No. 213(2nd series), § 1(4), 12-10-2001) Sec. 2.04.1150. Rates and charges. (a) Residential equivalent factor. Rates and charges for the use and availability of the system shall be determined through the use of a residential equivalent factor (REF). For the purposes of this subdivision, one REF is defined as the average volume of surface water runoff coming from an average single-family residential lot of 2.0 acres of land and 20 percent impervious surface. (b) Standardized acreage. For the purpose of simplifying and equalizing charges against property used for average single-family residential purposes, such properties shall be considered to have an acreage of 2.0 acres. (c) Determination of REFs; nonresidential properties. REFs for all land uses other than residential uses shall be based on the percentage of impervious surface and size of the property as listed in the following table. The minimum fee for any property shall be based upon one REF. Percent Runoff REF12 REF11 Impervious (inches) acre acre 0 0.50 0.62 0.31 5 0.58 0.72 0.36 10 0.66 0.82 0.41 15 0.74 0.92 0.46 20 0.80 1.00 0.50 25 0.98 1.22 0.61 30 1.16 1.45 0.73 35 1.34 1.68 0.84 40 1.50 1.87 0.94 45 1.68 2.10 1.05 50 1.86 2.33 1.16 55 2.04 2.55 1.23 60 2.20 2.75 1.38 65 2.38 2.98 1.49 70 2.56 3.20 1.60 75 2.74 3.43 1.72 80 2.90 3.62 1.81 85 3.08 3.85 1.93 90 3.26 4.02 2.01 95 3.44 4.30 2.15 100 3.60 4.50 2.25 (Code 2003, § 14-255; Ord. No. 213(2nd series), § 1(3), (5), 12-10-2001) Sec. 2.04.1160. Responsibilities of user. (a) Supplying information. The owner, occupant or person in charge of any premises shall supply the city with such information as the city may reasonably request related to the use, develop- ment and area of the premises. Willful failure to provide such information or to falsify it is a violation of this subdivision. (b) Estimated charges. If the owner, occupant or person in charge of any premises fails or refuses to provide the information requested, as provided in subsection (a) of this section, the charge for such premises shall be estimated and billed in accordance with such estimate, based upon information then available to the city. (Code 2003, § 14-256; Ord. No. 213(2nd series), § 1(8), (9), 12-10-2001) Sec. 2.04.1170. Adjustments of charges. The city council may, by resolution, from time to time, adopt policies providing for the adjust- ment of charges for parcels or groups of parcels, based upon hydrologic data supplied by affected CD2:20 N M r UTILITIES property owners, demonstrating an actual hydrologic response substantially different from the REF being used for the parcel. Such adjust- ment shall be made only after receiving the recommendation of the city engineer and shall not be made effective retroactively. (Code 2003, § 14-257; Ord. No. 213(2nd series), § 1(6), 12-10-2001) Subdivision IV. Stormwater Trunk Fee Sec. 2.04.1210. Statutory authority. Minn. Stats. § 444.075 authorizes cities to impose just and reasonable charges for the use and availability of storm sewer facilities (charges). By this subdivision, the city elects to exercise such authority. (Code 2003, § 14-281; Ord. No. 214(2nd series), § 1(1), 12-10-2001; Ord. No. 149(3rd series), § 1, 5-26-2015) Sec. 2.04.1220. Findings and determina- tions. In providing for such charges, the findings and determinations set out in this section are made. (1) In the exercise of its governmental author- ity and in order to promote the public health, safety, convenience and general welfare, the city has constructed, oper- ated and maintained a storm sewer system (the system). This subdivision is adopted in the further exercise of such authority and for the same purpose. (2) The system, as constructed, heretofore has been financed and paid for through the imposition of special assessments and ad valorem taxes. Such financing methods were appropriate to the circumstances at the time they were used. It is now necessary and desirable to provide an alternative method of recovering some or all of the future costs of improving, maintaining and operating the system through the imposition of charges as provided in this subdivision. § 2.04.1230 (3) Development of land changes the characteristics of the stormwater runoff from the property and results in the need for improved stormwater facilities, and also increases the demand on the storm - water system, which results in greater maintenance and operational costs of the system. (4) In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable. Taking into account the status of completion of the system, past methods of recovering system costs, the topography of the city and other relevant factors, it is determined that it would be just and equitable to assign responsibility for some or all of the future costs of operating, maintain- ing and improving the system on the basis of the acreage of land to be developed. (5) Assigning costs and making charges based upon expected typical stormwater runoff cannot be done with mathematical preci- sion but can only be accomplished within reasonable and practical limits. The provi- sions of this subdivision undertake to establish a reasonable and practicable methodology for making such charges. (Code 2003, § 14-282; Ord. No. 214(2nd series), § 1(2), 12-10-2001; Ord. No. 149(3rd series), § 1, 5-26-2015) Sec. 2.04.1230. Rates and charges. (a) Establishing. The stormwater trunk fee charges, for various land uses, shall be included in the city fee schedule and shall be changed as necessary by resolution of the council. (b) Determination. The city has developed a surface water management plan that includes design criteria for stormwater systems and preliminary design information for a comprehensive stormwater system in the city. In general, stormwater trunk fees are calculated by dividing the total cost of system construction, by the number of developable acres the system will CD2:21 M M § 2.04.1230 ORONO CODE serve. The appropriate base trunk fee per acre, to be used on a citywide basis, shall be determined as necessary using this methodology. (c) Acreage equivalency factors. Recognizing that different types of land use generate differ- ent amounts of stormwater runoff, an equivalency factor multiplier is assigned to each land use type. The two -acre residential lot is considered as the standard in the city, because a large percentage of the land in the city is zoned for two -acre single-family residential land use. The two -acre single-family residential lot will be assigned an equivalency factor of 1.0. The table below lists the equivalency factors for different land uses. These equivalency factors will be applied to the base trunk fee per acre. Equivalency Land Use Factor Single-family residential 5-acre zone 0.8 Single-family residential 2-acre zone 1.0 Single-family residential 1-acre zone 1.3 Single-family residential 1/2-acre zone 1.5 Multifamily residential 4 units/acre or 1.8 less Multifamily residential greater than 4 2.1 units/acre Commercial or industrial 2.4 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 5.0 acre parcel. (3) Maximum fee, two acre. For the two -acre zoning districts, any lot exceeding 2.0 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 2.0 acre parcel. (4) Fee credits. For the two -acre and five - acre zoning districts, a combined reduc- tion of up to 50 percent of the base development trunk fee shall be allowed for the percentage of the total develop- ment property acreage in one or more of the following categories: a. Acreage of newly -created wetland. b. Acreage of stormwater ponding or similar improvements that provide additional treatment benefits beyond what is required to treat the storm - water runoff from the development site. C. Acreage of conservation easements resulting from conservation design process. (d) Trunk fee calculation, credits and reduc- (5) Maximum fee, one acre. For the one -acre zoning districts, any lot exceeding 1.0 tions. The following calculation, credits and reduc- gross acre, including wetland, shall be tions shall be applicable to new development charged a maximum trunk fee equal to projects as defined in section 2.04.1240: the trunk fee for a 1.0 acre parcel. (1) Trunk fee charged on per lot basis. For the five -acre, two -acre, one -acre and half - acre zoning districts, the trunk fee shall be charged on a per -lot basis. Only acre- age platted as building lots shall be charged the trunk fee. Acreage platted as road rights -of -way or outlots for other purposes shall not be charged the trunk fee. The dollar amount, calculated by multiplying the number of new lots by the zoning district base acreage per lot by the base trunk fee per lot established in the city fee schedule, shall be deemed the base development trunk fee. (2) Maximum fee, five acre. For the five -acre zoning district, any lot exceeding 5.0 (6) Maximum fee, half acre. For the half -acre zoning districts, any lot exceeding 0.5 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 0.5 acre parcel. (7) Multifamily and high -density single family developments. Trunk fees shall be charged on a per -acre basis, except that the fol- lowing acreages will not be subject to the trunk fee: a. All wetland acreage up to the delineation line. b. Acreage of stormwater ponding or similar improvements that provide additional treatment benefits beyond CD2:22 qq M T_ UTILITIES what is required to treat the storm - water runoff from the development site. C. Acreage of conservation easements resulting from conservation design process. (e) Payment. All applicable stormwater trunk fee charges set forth in this subdivision shall be paid in full before any building or land alteration permits are issued for the project. (Code 2003, § 14-283; Ord. No. 214(2nd series), § 1(3), (4), (9), 12-10-2001; Ord. No. 222(2nd series), § 1, 11-12-2002; Ord. No. 149(3rd series), § 1, 5-26-2015) Sec. 2.04.1240. New development projects. For the purposes of this subdivision, the term "new development projects" means any land subdivision that creates new building lots; or construction of structures on a previously vacant parcel. New development projects shall pay the base trunk fee per acre of land developed adjusted using the appropriate land use equivalency factor as set forth in this subdivision per the provisions of section 2.04.1230. Additionally, the following provisions for new development projects shall apply: (1) When property is subdivided to create new building lots, only the newly created vacant lots will be charged the trunk fee. A lot that has an existing home or principal structure which is intended to remain post -subdivision will not be charged the trunk fee. (2) For a subdivision that results in separa- tion of a property into an existing house lot (house to remain) and a large further- subdividable vacant lot, the trunk fee shall be charged only for the further- subdividable vacant lot, in an amount equal to the per -lot trunk fee for the underlying zoning district based on one lot. (3) For a subdivision that results in separa- tion of a property into a large further subdividable lot with an existing house to stay, and a new small (not further § 2.04.1270 subdividable) lot on which a new home will be constructed, the trunk fee shall be charged only for the new small lot. (4) When outlots are created that are intended via appropriate zoning documentation for future development subject to future further subdivision or no development allowed until converted to a lot, then no trunk fee shall be collected until such further development occurs. (Code 2003, § 14-284; Ord. No. 214(2nd series), § 1(5), 12-10-2001; Ord. No. 149(3rd series), § 1, 5-26-2015) Sec. 2.04.1250. Responsibility to supply information. The owner, occupant or person in charge of the property subject to this subdivision shall supply the city with such information as the city may reasonably request related to the use, develop- ment and area of the property. Willful failure to provide such information or to falsify such information is a violation of this subdivision. (Code 2003, § 14-286; Ord. No. 214(2nd series), § 1(10), 12-10-2001; Ord. No. 149(3rd series), § 1, 5-26-2015) Sec. 2.04.1260. Adjustment of charges. The intent of the stormwater trunk fee is to provide funding for improvements to the storm - water system as the result of development in the city. Current regulations require property owners to provide stormwater treatment for the storm - water from the development property. The city reserves the right to develop policies to provide stormwater trunk fee credits for stormwater improvements on developing properties that provide additional treatment benefits beyond what is required to treat the stormwater runoff from the development site. (Code 2003, § 14-287; Ord. No. 214(2nd series), § 1(8), 12-10-2001; Ord. No. 149(3rd series), § 1, 5-26-2015) Sec. 2.04.1270. Credit for past payments. Past trunk fee payments made with respect to a specific property shall be credited as follows: (1) Once the trunk fee is paid for a lot created by a new subdivision, it will not CD2:23 W) M § 2.04.1270 ORONO CODE be charged again when a house is built on that lot, nor when that house is later expanded. (2) If a lot for which the trunk fee was paid under a past subdivision is then itself subdivided, no additional trunk fee will be charged if the original trunk fee was based on the entire acreage of the parcel now being divided. However, if the original trunk fee was based on an acreage amount less than the acreage of the parcel now being divided, then a supplementary fee shall be required in an amount to be calculated as follows: (Number of new lots being created x base per -lot acreage for zone) - (number of acres originally charged) = number of acres to be charged. (Code 2003, § 14-288; Ord. No. 149(3rd series), § 1, 5-26-2015) Subdivision V. Stormwater Illicit Discharge and Illicit Connection Sec. 2.04.1310. Purpose. The purpose of this subdivision is to promote, preserve and enhance the natural resources within the city and protect them from adverse effects occasioned by non-stormwater discharges by regulating discharges that would have an adverse and potentially irreversible impact on water quality and environmentally sensitive land. (Code 2003, § 14-301; Ord. No. 56(3rd series), § 2, 4-13-2009) Sec. 2.04.1320. Findings. The city council hereby finds that non- stormwater discharges to the city's municipal separated storm sewer system are subject to higher levels of pollutants that enter into receiv- ing water bodies adversely affecting the public health, safety and general welfare by impacting water quality, creating nuisances, and impairing other beneficial uses of environmental resources. (Code 2003, § 14-302; Ord. No. 56(3rd series), § 2, 4-13-2009) Sec. 2.04.1330. Administration. The city and its authorized representatives are authorized to administer, implement, and enforce the provisions of this subdivision. (Code 2003, § 14-303; Ord. No. 56(3rd series), § 2, 4-13-2009) Sec. 2.04.1340. Illegal disposal and dump- ing. (a) No person shall throw, deposit, place, leave, maintain, or keep any substance upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any public or private land, so that the same might be or become a pollutant, unless the substance is in containers, recycling bags, or any other lawfully established waste disposal device. (b) No person shall intentionally dispose of grass, leaves, dirt, or landscape material into a water resource, buffer, street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain or any fabricated natural conveyance. (Code 2003, § 14-304; Ord. No. 56(3rd series), § 2, 4-13-2009) Sec. 2.04.1350. Prohibition of illicit discharges and connec- tions. (a) No person shall cause any illicit discharge to enter the storm sewer system or any surface water unless such discharge: (1) Consists of non-stormwater that is authorized by an NPDES point source permit obtain from the MPCA; (2) Is associated with firefighting activities or other activities necessary to protect public health and safety; (3) Is one of the following exempt discharges: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewa- tering systems), crawl space pumps, air CD2:24 UTILITIES § 2.04.1360 conditioning condensation, springs, non- C. For pools, water must be allowed to commercial washing of vehicles, natural sit seven days without the addition riparian habitat or wetland flows, dechlo- of chlorine to allow for chlorine to rinated swimming pools and any other evaporate before discharging in an water source not containing pollutant; area where drainage to streets or (4) Consists of dye testing as long as the city storm sewer systems may occur. provided a verbal notification prior to the (2) Runoff of water into the storm sewer time of the test. system shall be minimized to the maximum extent practicable. Runoff of (b) No person shall use any illicit connection water into the storm sewer system from to intentionally convey non-stormwater to the the washing down of paved areas is city's storm sewer system. prohibited unless necessary for health or (c) The construction, use, maintenance or safety purposes. continued existence of illicit connections to the (3) Mobile washing companies (carpet clean - storm sewer system is prohibited. This prohibi- ing, mobile vehicle washing, etc.) shall tion expressly includes, without limitation, illicit dispose of wastewater to the sanitary connections made in the past regardless of sewer. Wastewater must not be discharged whether the connection was permissible under where drainage to streets or storm sewer law or practices applicable or prevailing at the system may occur. time of connection. (4) Storage of materials, machinery and (d) A person is considered to be in violation of equipment must comply with the follow - this subdivision if the person connects a line ing requirements: conveying sewage to the storm sewer system, or a. Objects, such as motor vehicle parts allows such a connection to continue. containing grease, oil or other (Code 2003, § 14-305; Ord. No. 56(3rd series), hazardous substances, and unsealed § 2, 4-13-2009) receptacles containing hazardous materials shall not be stored in Sec. 2.04.1360. General provisions. areas susceptible to runoff. All owners or occupants of property shall b. Any machinery or equipment that is to be repaired or maintained in comply with the following general requirements: areas susceptible to runoff shall be (1) No person shall leave, deposit, discharge, placed in a confined area to contain dump, or otherwise expose any chemical leaks, spills, or discharges. or septic waste in an area where discharge (5) Debris and residue shall be removed as to streets or storm sewer system may follows: occur. This section shall apply to both actual and potential discharges. a. All motor vehicle parking lots and private streets shall be swept at a. Individual septic systems must be least once a year in the spring to maintained to prevent failure, which remove debris. Such debris shall be has the potential to pollute surface collected and properly disposed. water. b. Fuel and chemical residue or other b. Recreational vehicle sewage shall types of potentially harmful mate - be disposed to a proper sanitary rial, such as animal waste, garbage waste facility. Waste shall not be or batteries shall be removed as discharged in an area where drain- soon as possible and disposed of age to streets or storm sewer systems properly. Household hazardous waste may occur. may be disposed of through the CD2:25 ti M § 2.04.1360 ORONO CODE county collection program or at any other appropriate disposal site and shall not be placed in a trash container. (Code 2003, § 14-306; Ord. No. 56(3rd series), § 2, 4-13-2009) Sec. 2.04.1370. Industrial activity discharges. Any person subject to an industrial activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the city prior to the allowing of discharges to the storm sewer system. All facilities that have stormwater discharges associ- ated with industrial activity must adhere to the following provisions: (1) Any person responsible for a property or premises who is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the storm sewer system. (2) These BMPs shall be part of a stormwa- ter pollution prevention plan (SWPPP) as necessary for compliance with require- ments of the NPDES permit. (Code 2003, § 14-307; Ord. No. 56(3rd series), § 2, 4-13-2009) Sec. 2.04.1380. Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in or may result in illegal discharges or pollutants discharging into the storm sewer system, or water of the state said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non -hazardous materials, said person shall notify the city no later than the next business day. (Code 2003, § 14-308; Ord. No. 56(3rd series), § 2, 4-13-2009) Sec. 2.04.1390. Suspension of storm sewer system access. (a) Suspension due to illicit discharges in emergency situation. The city may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, to the storm sewer or waters of the state. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the storm sewer system or the waters of the state, or to minimize danger to persons. (b) Suspension due to the detection of illicit discharge. All persons discharging to the MS4 in violation of this subdivision may have their access terminated if such termination serves to abate or reduce an illicit discharge. It is a violation of this subdivision to reinstate access to premises that have been terminated pursuant to this section without the prior approval of the city. (Code 2003, § 14-309; Ord. No. 56(3rd series), § 2, 4-13-2009) Sec. 2.04.1400. Enforcement; notice of violation. A violation of this subdivision is a public nuisance. When the city finds that a person has violated a prohibition or failed to meet a require- ment of this section, the person is deemed to have created a public nuisance subject to abate- ment and assessment, as provided in section 5.36.050. In addition to any order issued pursu- ant to section 5.36.050, the city may require the following: (1) The performance of monitoring, analysis, and reporting; CD2:26 00 M UTILITIES (2) The implementation of source control or treatment BMPs; and (3) Any other requirement deemed neces- sary. (Code 2003, § 14-310; Ord. No. 56(3rd series), § 2, 4-13-2009) § 2.04.1400 CD2:27 0 M 0 r r IV r N Title III STREETS, PARKS AND OTHER PUBLIC PROPERTY Chapter 3.04. Streets, Sidewalks and Other Public Places Article I. In General Sec. 3.04.010. Definitions. Sec. 3.04.020. Obstructions. Sec. 3,04.030. Visibility triangle; street/roadway intersections. Sec. 3.04.040. Fires. Sec. 3.04.050. Signs and other structures. Sec. 3.04.060. Placing snow or ice in a roadway. Sec. 3.04.070. Roadway tampering. Sec. 3.04.080. Public sidewalk maintenance and repair. Sec. 3.04.090. Encroachment in public easements. Sec. 3.04.100. Public right-of-way vacation. Article II. Franchises Sec. 3.04.210. Definitions. Sec. 3.04.220. Franchise ordinances. Sec. 3.04.230. Power of regulation reserved. Sec. 3.04.240. Conditions in every franchise. Sec. 3.04.250. Further provisions of franchises. Article III. Construction, Repair and Improvement of Public Ways Sec. 3.04.310. Methods of procedure. Sec. 3.04.320. Construction requirements generally. Sec. 3.04.330. Residential driveway connections, approaches and turnaround. Sec. 3.04.340. Business driveways, approaches and turnarounds. Sec. 3.04.350. Maintenance and removal. Sec. 3.04.360. Regulatory signs. Article IV. Right -of -Way Management Sec. 3.04.410. Election to manage the public right-of-way. Sec. 3.04.420. Definitions. Sec. 3.04.430. Permit requirement. Sec. 3.04.440. Permit applications. Sec. 3.04.450. Issuance of permit; conditions. Sec. 3.04.460. Permit fees. Sec. 3.04.470. Right-of-way patching and restoration. Sec. 3.04.480, Supplementary applications. Sec. 3.04.490. Denial of permit. Sec. 3.04.500. Installation requirements. Sec. 3.04.510. Inspection. Sec. 3.04.520. Work done without a permit. Sec. 3.04.530. Supplementary notification. Sec. 3.04.540. Revocation of permits. Sec. 3.04.550. Mapping data. Sec. 3.04.560. Location facilities. Sec. 3.04.570. Pre -excavation facilities location. Sec. 3.04.580. Damage to other facilities. Sec. 3.04.590. Right-of-way vacation. Sec. 3.04.600. Indemnification and liability. Sec. 3.04,610. Abandoned and unusable facilities. CD3:1 M ORONO CODE Sec. 3.04.620. Appeal. Sec. 3.04.630. Reservation of regulatory and police powers. Sec. 3.04.640, Severability. Article V. Vegetation Sec. 3.04.710. City to control tree planting; standards. Sec. 3.04.720. Permit to plant or remove trees. Sec. 3.04,730. Duty of property owners to cut grass and weeds and maintain trees and shrubs. Article VI. Public Lakeshore, Lakeshore Rights -of -Way and Docks Sec. 3.04.810. Definitions. Sec. 3.04.820. License required. Sec. 3.04.830. Applications. Sec. 3.04.840. Eligible applicants. Sec. 3.04.850. Application approval and denial. Sec. 3.04.860. Terms of license. Sec. 3.04.870. Terms of license for Big Island dock sites. Sec. 3.04.880. Administration. Chapter 3.08. Parks and Recreation Article I. In General (Reserved) Article II. Park Commission Sec. 3.08.110. Established. Sec. 3.08.120. Members. Sec. 3.08,130. Powers and duties. Article III. Public Conduct in Parks and Public Swimming Areas Sec. 3,08.210. Definitions. Sec. 3.08.220. Application. Sec. 3.08.230. Exceptions. Sec. 3.08.240. Unlawful acts. Sec. 3.08.250. Damage to, theft of equipment, objects. Sec. 3.08.260. Sales, advertisements. Sec. 3.08.270. Motor vehicle operations, standing. Sec. 3.08.280. Riding bicycles, nonmotorized vehicles. Sec. 3.08.290. Operation of model airplanes. Sec. 3.08.300. Animal regulations. Sec. 3.08.310. Use of alcohol. Sec. 3.08.320. Building fires. Sec. 3.08.330. Discharging fireworks. Sec. 3.08,340. Nudity, sexual conduct, obscenities, threats, fighting words. Sec. 3.08.350. Fishing. Sec. 3.08.360. City docks. Sec. 3.08.370. Off leash dog areas; permits and regulations. Article IV. Special Regulations for Big Island Nature Park Sec. 3.08,410. Purpose. Sec. 3.08.420. Regulation of public use. Sec. 3.08.430. Regulation of general conduct. Sec. 3.08.440. General park operation regulations. CD3:2 STREETS, PARKS AND OTHER PUBLIC PROPERTY Sec. 3.08.450. Protection of property, structures and natural resources. Sec. 3.08.460. Enforcement. CD3:3 W) (a r STREETS, PARKS AND OTHER PUBLIC PROPERTY CHAPTER 3.04. STREETS, SIDEWALKS AND OTHER PUBLIC PLACES* ARTICLE I. IN GENERAL Sec. 3.04.010. 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: Corner means the point of intersection of the extension of lines of two public or private curb faces or the edges of the street pavement or shoulders. Curb cut means the opening along a street curb line or pavement 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. Curb return means that portion of a curb next to a driveway approach which includes the radius or curvature or the ramp -type lug on commercial or industrial type pavements and which connects the driveway approach to the public or private road curb. Driveway means a paved or otherwise delineated area on private property for the opera- tion of automobiles and other vehicles. Driveway approach means a paved or otherwise delineated area on the right-of-way between the roadway of a public or private road and private property, intended to provide ingress and egress for vehicles from a private or public road to private property. A driveway approach must provide access to a parking area, a driveway, a door intended and used for the entrance of vehicles, or other similar structure or facility. Degradation means a decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the *State law reference —General powers as to streets, Minn. Stats. § 412.221, subds. 6, 7, 18. § 3.04.010 need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. Encroachment agreement means an agree- ment between the city and a property owner that allows placement of an obstruction or structure in a public right-of-way, as defined in this sec- tion. Excavate or excavation means to dig into or in any way remove or physically disturb or penetrate any public right-of-way paved or ground surface, or any portion thereof. Facility means anything tangible, including equipment, which is required to provide utility services. Frontage means the lot line abutting a public or private street. Obstruct or obstruction means to place or the placement of any object in a public right-of-way, or to remove or the removal of an existing structure, or any portion thereof, from a public right-of-way that interferes with the free use of the public right-of-way. Parcel of land means a lot or contiguous lots or a tract officially registered under one ownership. Patch or patching means a method of roadway surface replacement or restoration that consists of- (1) The compaction of the sub -base and aggregate base; and (2) The replacement, in kind, of the existing roadway surface for a minimum of two feet beyond the edges of the defined excavation in all directions. Private road means the entire area dedicated to private use or contained in a plat, an ease- ment or other conveyance, grant or by adverse possession and includes, but is not limited to, roadways, boulevards, sidewalks, trails and other property between lateral property lines in which a private roadway lies. Public right-of-way means the area on, below, or above a public roadway, highway, street, cart - way, bicycle lane, and public sidewalk in which the local government unit has an interest, includ- CD3:5 ti § 3.04,010 ORONO CODE ing other dedicated rights -of -way for travel purposes and utility easements of local govern- ment units. Public road means the entire area dedicated to public use, or contained in a plat, an easement or other conveyance, grant or by adverse posses- sion, to the city or other governmental body, and shall include, but is not limited to, roadways, boulevards, sidewalks, trails, alleys and other public property between lateral property lines in which a public roadway lies. Where traveled public roadways exist in a location not shown on the platting map, the right-of-way shall not be less than ten feet wide on each side of the actual paved or traveled roadway surface. Utility service means services provided by: (1) A public utility as defined in state statutes; (2) A telecommunications, pipeline, com- munity antenna television, fire and alarm communications, water, sewer, electric- ity, light, heat, cooling energy, or power services, including wind generation; (3) A corporation organized for the purposes set forth in state statutes; (4) A district heating or cooling system; or (5) A cable communication system as defined in state statutes. (Code 1984, § 6.01; Code 2003, § 18-1; Ord. No. 77(2nd series), § 1, 1-8-1990; Ord. No. 296(3rd series), § 1(18-1), 2-26-2024) Sec. 3.04.020. Obstructions. It is a misdemeanor for any person to place, deposit, display or offer for sale any obstructions upon any street or private road without first having obtained a written permit from the city, and then only in compliance in all respects with the terms and conditions of such permit, and taking precautionary measures for the protec- tion of the public. An electrical cord or device of any kind is included, but not by way of limita- tion, within the definition of an obstruction. This shall not apply to the actions of any city, county, or state road authorities, their agents, employees, contractors, and utilities in carrying out their duties imposed by law or contract. (Code 1984, § 6.07(1); Code 2003, § 18-2; Ord. No. 296(3rd series), § 1(18-2), 2-26-2024) Sec. 3.04.030. Visibility triangle; street/ roadway intersections. Except for a governmental agency for the purposes of screening or noise attenuation, vis- ibility at corner lots where two or more streets/ roadways intersect shall be unobstructed between a height of 3 1/2 feet and eight feet above grade (as measured along the elevation of the lowest abutting segment of street/roadway) within a triangular area described as beginning at a point where the projected curblines (or projected road bed lines, including any shoulder in the absence of curbing) intersect, thence 30 feet along one street/roadway, thence diagonally to a point 30 feet from the point of beginning along the other street/roadway. The exception to the regulations in this section shall be where there are plantings and/or other features within the visibility triangle that do not result in obstructions totaling more than three feet in width. Nothing in this section authorizes the use of public right-of-way for installation of fencing, walls, plantings, or other features. The regulations contained in this sec- tion shall not apply to conditions that legally existed prior to the effective date of the ordinance from which this section is derived unless the city, or the county or state transportation depart- ment, determines that such conditions constitute a traffic safety hazard. CD3:6 00 STREETS, PARKS AND OTHER PUBLIC PROPERTY (Ord. No. 296(3rd series), § 1(18-3), 2-26-2024) Sec. 3.04.040. Fires. It is a misdemeanor for any person to build or maintain a fire upon a street or private road. (Code 1984, § 6.07(2); Code 2003, § 18-3; Ord. No. 296(3rd series), § 1(18-4), 2-26-2024) Sec. 3.04.050. Signs and other structures. It is a misdemeanor for any person to place or maintain a sign, advertisement or other structure in any street or the right-of-way of any city road. (Code 1984, § 6.07(4); Code 2003, § 18-4; Ord. No. 296(3rd series), § 1(18-5), 2-26-2024) Sec. 3.04.060. Placing snow or ice in a roadway. It is a misdemeanor for any person, not acting under a specific contract with the city or without special permission from the city, to remove snow or ice from private property and place it in the roadway of any street or private road. (Code 1984, § 6.07(5); Code 2003, § 18-5; Ord. No. 296(3rd series), § 1(18-6), 2-26-2024) Sec. 3.04.070. Roadway tampering. § 3.04.080 It is a misdemeanor for any person to deface, paint, mar, damage, or tamper with any structure, work, material, equipment, tools, signs, mark- ers, signals, paving, guardrails, drains or any other highway appurtenance on or along any street, sidewalk or right-of-way, except as such work may be done by city employees acting within the course or scope of their employment. This section shall not apply to sidewalk maintenance and repair activities under section 3.04.080, uniformly coloring concrete or other surfacing, or uniformly painted house numbers, as such coloring may be approved by the city. (Code 1984, § 6.12; Code 2003, § 18-6; Ord. No. 296(3rd series), § 1(18-7), 2-26-2024) Sec. 3.04.080. Public sidewalk maintenance and repair. (a) Primary responsibility. It is the primary responsibility of the owner of property upon which there is abutting any public sidewalk to keep and maintain such sidewalk in safe and serviceable condition. CD3:7 § 3.04.080 ORONO CODE (b) Construction, reconstruction and repair specifications. All construction, reconstruction or repair of public sidewalks shall be done in strict accordance with specifications on file in the city offices. (Code 1984, § 6.16; Code 2003, § 18-7; Ord. No. 296(3rd series), § 1(18-8), 2-26-2024) Sec. 3.04.090. Encroachment in public easements. Placement of any structure in public rights -of - way or on city property must comply with chapter 6.12. Placement of structures that have a founda- tion is prohibited in a public easement, unless the structure is exempted under chapter 6.12. The erection or placement of a structure without a foundation in a public easement requires an encroachment agreement application together with council approval. The application shall include a written request for the encroachment, a description of the proposed structure or obstruc- tion, a plan, drawing, or sketch that shows the proposed structure of obstruction, as well as the location of the easements affected, and payment of an application fee as specified in the city fee schedule. Applications shall be submitted to the city engineer. Upon receipt of a completed applica- tion, the city engineer will review the application and will consider factors such as the type and use of the existing easements, as well as the type and use of the proposed structure or obstruction, when making a decision to recommend approval or denial of the requested encroachment. If an approval recommendation is made, the applicant will be required to sign an encroachment agree- ment, prepared by the city, before the city engineer's recommendation is forwarded to the council for consideration. If the encroachment agreement is approved by the council, the encroachment agreement will be executed and recorded against the subject property of record. (Ord. No. 296(3rd series), § 1(18-9), 2-26-2024) Sec. 3.04.100. Public right-of-way vaca- tion. (a) Reservation of right. If the city vacates a public right-of-way which contains the equip- ment or facilities of a public right-of-way user and the vacation does not require the relocation of the equipment or facilities, the city shall reserve, to and for itself and the public right-of- way user, the right to install, maintain and operate any equipment and facilities in the vacated public right-of-way and to enter upon such public right-of-way at any time for the purpose of reconstruction, inspecting, maintain- ing or repairing the same, in accordance with Minn. R. 7819.3200. (b) Relocation of facilities. If the vacation requires the relocation of the public right-of-way user's equipment or facility, and the vacation proceedings are initiated by the public right-of- way user or the city for a public project, the public right-of-way user shall pay the relocation costs. If the vacation proceedings are initiated by a person other than the public right-of-way user or the city, the initiating person shall pay the relocation costs. (c) Administration; vacation of right-of-way and easements. The city council may vacate the easement by resolution on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, easement, or part thereof to be vacated. (1) Procedure. A request for vacation of a right-of-way or easement shall be filed in writing with the city. In the case of a request for vacation of a right-of-way or easement, the written request shall be signed by a majority of the landowners directly abutting such right-of-way or easement. (2) Filing. A written request to vacate a right-of-way or an easement shall be accompanied by the following: a. Information, both written and graphic, that describe the reason for, and location of, the proposed vacation; b. A fee as set forth in the fee schedule; C. For requests involving the vacation of right-of-way, the applicant shall submit the addresses of all proper- ties directly abutting the right-of- way to be vacated; and CD3:8 STREETS, PARKS AND OTHER PUBLIC PROPERTY § 3.04.100 d. For requests involving the vacation (4) Council action. of an easement, the applicant shall a. The council shall consider possible a submit a legal description of the adverse effects of the requested vaca- area to vacated. tion. In order to grant a vacation, (3) Public hearing required. the council must find that the vaca- tion is in the interest of the public. a. Upon receipt of a complete vacation A determination that the vacation request, the city shall set a public is in the interest of the public shall hearing following proper notifica- be based upon (but not limited to) tion. the following factors: b. Notice of said hearing shall be 1. The proposed action has been published once in the official considered in relation to the newspaper at least 14 calendar days specific policies and provisions prior to the hearing, and shall be of and has been found to be mailed at least ten calendar days consistent with the city's prior to the hearing to all landown- comprehensive plan, including ers of property directly abutting the public facilities and capital area to be vacated and to all utility improvement plans. companies serving the area. When 2. The proposed action meets the platted streets are vacated, notice purpose and intent of this must be sent to all owners or chapter. occupants of the land within the platted area. The notice will contain, 3. The proposed action has been at minimum, a copy of the petition considered in relation to the or proposed resolution as well as future needs of the city, utility the time, place, and date of the companies and surrounding hearing. property owners. C. If a street is to be vacated and any b. The council and city staff shall have part of it terminates at, abuts on, or the authority to request additional is adjacent to any public water, writ- information from the applicant or to ten notice will be served by certified retain expert testimony with the mail upon the commissioner of consent and at the expense of the natural resources at least 60 days applicant, said information to be before the public hearing. The city declared necessary to establish will consult with the commissioner performance conditions in relation at least 15 days prior to convening to all pertinent sections of this the public hearing to review the chapter. proposed vacation and will docu- C. The applicant or a representative ment the consultation. The city will thereof may appear before the council address the concerns raised in the in order to present information and commissioner's evaluation in its answer questions concerning the formal findings of fact granting or proposed request. denying the vacation. d. Upon receiving the report and recom- d. The city staff shall prepare techni- mendation of the city staff, the cal reports where appropriate, and council shall conduct the public hear - provide general assistance in prepar- ing in a manner that allows members ing a recommendation of the action of the public a chance to speak and to the council. be heard. CD3:9 r U) r § 3.04.100 ORONO CODE e. The council shall render its decision by adopting a resolution either grant- ing or denying the vacation. The resolution shall include the city's reasons for granting or denying the vacation and include detailed find- ings of fact. The staff recommenda- tion shall be entered in and made part of the permanent written record of the council meeting. f. When there has been a petition for vacation, approval of a right-of-way or easement vacation shall require passage by a majority vote of the entire council. When there has been no petition, the resolution must be adopted by a vote of four -fifths of all members of the city council. g. Whenever an application for a right- of-way or easement vacation has been considered and denied by the council, a similar application for a vacation shall not be considered again by the council for at least six months from the date of its denial. (5) Notice of completion. After a resolution granting a vacation is adopted, the city clerk shall prepare a notice of completion of the proceedings in accordance with the requirements under Minn. Stats. § 412.851. (Ord. No. 296(3rd series), § 1(18-10), 2-26-2024) ARTICLE II. FRANCHISES Sec. 3.04.210. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Franchise means any special privilege granted to any person in, over, upon or under any of the streets or public places of the city, whether such privilege has heretofore been granted by it or by the state or shall hereafter be granted by the city or by the state. (Code 1984, § 2.60(1); Code 2003, § 18-41) Sec. 3.04.220. Franchise ordinances. The council may grant franchises by ordinance. Franchise rights shall always be subject to the superior right of the public to the use of streets and public places. All persons desiring to make any burdensome use of the streets or public places, inconsistent with the public's right in such places, or desiring the privilege of placing in, over, upon or under any street or public place any permanent or semipermanent fixtures for the purpose of constructing or operating railways, telegraphing or transmitting electricity, or transporting by pneumatic tubes, or for furnish- ing to the city or its inhabitants transportation facilities, water, light, heat, power, gas or any other such utility, or for any other purpose, shall be required to obtain a franchise before proceed- ing to make such use of the streets or public places or before proceeding to place such fixtures in such places. (Code 1984, § 2.60(2); Code 2003, § 18-42) State law reference —When franchise required, Minn. Stats. § 300.05. Sec. 3.04.230. Power of regulation reserved. The city shall have the right and power to regulate and control the exercise by any person, of any franchise, however acquired, and whether such franchise has been heretofore granted by the city or by the state. (Code 1984, § 2.60(3); Code 2003, § 18-43) State law reference —Local control of franchisees, Minn. Stats. § 300.04. Sec. 3.04.240. Conditions in every franchise. All conditions specified in this section shall be a part of every franchise even though they may not be expressly contained in the franchise: (1) The grantee shall be subject to and will perform on its part all the terms of this section and will comply with all pertinent provisions of this Code. (2) The grantee shall in no case claim or pretend to exercise any power to fix fares, rates and charges; but such fares, rates and charges shall at all times be CD3:10 N STREETS, PARKS AND OTHER PUBLIC PROPERTY just, fair and reasonable for the services rendered and shall in all cases be fixed and from time to time changed, unless regulated by an agency of the state, in the manner following: (5) a. A reasonable rate shall be construed to be one which will, with efficient management, normally yield, above all operating expenses and deprecia- (6) tion, a fair return upon all money invested. b. If possible, maximum rates and charges shall be arrived at by direct negotiation with the council. C. If direct negotiations fail to produce agreement, the council shall, not less than 30 days before the expira- tion of any existing rate schedule or agreement, appoint an expert as its representative; the franchisee shall likewise appoint an expert as its representative; and the two of them shall appoint a third person, prefer- ably an expert; and the three of them shall constitute a board of arbitration. The board shall report its findings as soon as possible, and the rates and charges it shall agree upon by majority vote shall be legal and binding, subject only to review by a court of competent jurisdiction upon application of one of the par- ties. (3) The council shall have the right to require reasonable extensions of any public service system and to make such rules and regula- tions as may be required to secure adequate and proper service and to provide sufficient accommodations for the public. (4) The grantee shall not issue any capital stock on account of the franchise or the value of the franchise, and the grantee shall have no right to receive, upon condemnation proceedings brought by the city to acquire the public utility exercis- ing such franchise, any return on account of the franchise or its value. § 3.04.250 No sale or lease of the franchise shall be effective until the assignee or lessee shall have filed with the city an instrument, duly executed, reciting the facts of such sale or lease, accepting the terms of the franchise, and agreeing to perform all the conditions required of the grantee under the franchise. Every grant in the franchise which includes permission for the erection of poles, masts or other fixtures in the streets and for the attachment of wires, or for the laying of tracks in, or of pipes or conduits under the streets or public places, or for the placing in the streets or other public places of any permanent or semipermanent fixtures whatsoever, shall be subject to the condition that the council shall have the power to require such alterations or relocation or rerouting as the council may at any time deem neces- sary for the safety, health or convenience of the public, and particularly that it shall have the power to require the removal of poles, masts and other fixtures bearing wires and the placing underground of all facilities for whatsoever purpose used. (7) Every franchise shall contain a provision granting the city the right to acquire the franchise in accordance with statute. (8) The franchisee may be obligated by the city to pay the city fees to raise revenue or defray increased costs accruing as a result of utility operations, or both, includ- ing, but not limited to, a sum of money based upon gross operating revenues or gross earnings from its operations in the city. (Code 1984, § 2.60(4); Code 2003, § 18-44) Sec. 3.04.250. Further provisions of franchises. The enumeration and specification of particular matters which must be included in every franchise or renewal or extension shall not be construed as impairing the right of the city to insert in any such franchise or renewal or extension such CD3:11 M U) § 3.04.250 ORONO CODE other and further conditions and restrictions as the council may deem proper to protect the city's interests, nor shall anything contained in this article limit any right or power possessed by the city over existing franchises. (Code 1984, § 2.60(5); Code 2003, § 18-45) ARTICLE III. CONSTRUCTION, REPAIR AND IMPROVEMENT OF PUBLIC WAYS Sec. 3.04.310. Methods of procedure. Abutting or affected property owners may contract for, construct or reconstruct roadway surfacing, sidewalk or curb and gutter, driveway, driveway turnaround, driveway approaches or curb cuts in accordance with this article. (Code 1984, §§ 6.05(1), 6.06(1); Code 2003, § 18- 76) Sec. 3.04.320. Construction requirements generally. (4) (5) In addition to the rules, regulations and (6) specifications as outlined in this article by the public services director with respect to the improvements listed in this article, the following requirements shall be complied with when work is done under the provisions of this article: (1) (2) (3) All driveway approaches shall intersect the road pavement at an angle to be approved by the public services director based upon the physical characteristics of the public road, driveway approach and the parcel of land being accessed. Such angle shall be as close as is reason- ably practical, in the judgment of the public services director, to a right angle to the pavement of the public road. No curb cuts shall be made in such a way that the curb return extends beyond any property line as projected, except when consented to, in writing, by the adjoining property owner involved. This consent, if necessary, shall be submitted to the public services director prior to the issuance of a permit. The top of the paving of the driveway approach slab at the curbline shall be 1 % inches above the flowline of the gutter, and shall not extend into the gutter beyond the face of the curb or beyond the gutter line, and shall not be constructed in a manner that will in any way interfere with the use of the road for the purpose of travel or maintenance. The constructed road shall not be excavated in the process of constructing the driveway unless previ- ous approval, in writing, has been granted by the public services director. Driveway culverts shall be provided and installed by the owner as required by the public works superintendent or city engineer. Driveways shall not be constructed over curb stops, catchbasins or other structures, if at all possible. If there is no other feasible location for the driveway, it shall be the responsibility of the applicant to set the curb stop, catchbasin cover, or any other structures flush with the final driveway surface. The owner and contractor shall protect the public from injury or damage during the construction of the sidewalk, curb and gutter, driveway, driveway approach, driveway turnaround, curb cuts, roadway surfacing or private improvement in any street or public property in the city; and any permit issued pursuant to this article shall contain the agreement of the applicant that the city shall not be liable for damage which may arise from the result of work, and that the applicant will hold the city harmless for any liability incurred by the city as a result of such activity. (7) Trees or shrubs shall not be placed adjacent to a driveway so as to constitute a sight distance problem. (Code 1984, §§ 6.05(8), 6.06(8); Code 2003, § 18- 81; Ord. No. 296(3rd series), § 2(18-77), 2-26- 2024) Sec. 3.04.330. Residential driveway con- nections, approaches and turnaround. (a) Residential driveway approaches shall not exceed 20 feet in width at the intersected right- of-way line. CD3:12 qq STREETS, PARKS AND OTHER PUBLIC PROPERTY (b) The total width of driveway approaches to up to two single parcels of land from a single road shall not exceed 20 feet. (c) A curb cut shall not exceed the width of the driveway approach at the property line by more than ten feet. (d) No portion of a driveway approach, except the curb return, shall be constructed within 30 feet of a corner where feasible. (e) Driveway approaches and that part of the driveway and turnarounds which drain to the road shall be paved with bituminous concrete blacktop or equivalent paving. This requirement shall not be construed to reduce paving otherwise required by performance standards in chapter 6.12 or required as a condition to the granting of a conditional use permit, lot division, subdivi- sion or as designated in the approved site plan. (f) Visibility from driveways to a local or collector street shall be unobstructed between a height of 3 1/a feet and eight feet above grade (as measured along the driveway elevation) within triangular areas described as beginning at the point where driveway edges meet the street curb (or street pavement in the absence of a curb), thence 15 feet along the driveway edge, thence diagonally to a point 15 feet from the point of beginning along the street curb (or edge of street pavement in the absence of a curb). The owner of the property where any fence, wall, tree, shrub- bery, vegetation, or other feature is proposed shall keep such obstructions out of the visibility triangles for their driveway and out of the visibility triangle for driveways on directly - abutting properties. The exception to the regula- tions in this subsection shall be where there is a mailbox and/or plantings within the visibility triangle that do not result in obstructions total- ing more than three feet in width. Nothing in this subsection authorizes the use of public right-of-way for installation of fencing, walls, or plantings. The regulations contained in this section shall not apply to conditions that legally existed prior to the effective date of the ordinance from which this article is derived unless the city determines that such conditions constitute a traffic safety hazard. § 3.04.340 I I I I House � i Hause House i i,F- I,Qri+away I Drive y I DRyw Fy I y t5" Sight visibility triangle Local or Collector Street b Curb ' 1 (Code 1984, §§ 6.05(9), 6.06(9); Code 2003, § 18- 136; Ord. No. 296(3rd series), § 2(18-136), 2-26- 2024) Sec. 3.04.340. Business driveways, approaches and turnarounds. (a) The business driveway approach 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) All business driveways and driveway approaches shall be paved with asphaltic concrete or equivalent material. (c) No portion of a driveway approach, except the curb return, shall be constructed within 100 feet of a comer in a business, commercial or industrial area. (d) Driveway turnarounds shall be required on all driveways or driveway approaches enter- ing onto a state highway, county road or a collector roadway and 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 fac- tors. Such requirements shall be stated on any permit issued by the city engineer pursuant to this article. (Code 1984, §§ 6.05(10), 6.06(10); Code 2003, § 18-137; Ord. No. 296(3rd series), § 2(18-137), 2-26-2024) CD3:13 LO U) § 3.04.350 ORONO CODE Sec. 3.04.350. Maintenance and removal. (a) Every driveway approach or entrance to abutting property shall be maintained and kept in a safe condition by the owner of the abutting property or by the homeowners' association; and any such driveway approach which shall not be so maintained and kept in a safe condition or which shall interfere with or obstruct the drain- age carried by the adjoining road or interfere with or,obstruct the use of the adjoining road for purposes of travel shall be repaired to conform with the specifications of this article and the city's requirements, or it shall be removed by the owner of the abutting property or the homeown- ers' association. (b) Upon removal of such driveway approach, that portion of the street or right-of-way occupied by the owner or homeowners' association shall be restored to its former condition; and all curbing shall be replaced to its former condition by the owner or homeowners' association of the abutting property at their expense. (Code 1984, §§ 6.05(11), 6.06(11); Code 2003, § 18-138; Ord. No. 296(3rd series), § 2(18-138), 2-26-2024) Sec. 3.04.360. Regulatory signs. The city shall require the erection of regula- tory signs adjacent to a driveway serving two or more parcels of land, at its intersection with a road. The sign shall be purchased, erected and maintained by the property owner. If the property owner does not have the sign erected within a reasonable length of time, the city shall erect the sign and bill the property owner for all costs. (Code 1984, §§ 6.05(12), 6.06(12); Code 2003, § 18-139) ARTICLE IV. RIGHT-OF-WAY MANAGEMENT Sec. 3.04.410. Election to manage the public right-of-way. Pursuant to the authority granted to the city under state and federal statutory, administra- tive and common law, the city hereby elects, pursuant to Minn. Stats. § 237.163, to manage the right-of-way within its jurisdiction. (Code 2003, § 18-171; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.420. Definitions. The definitions included in Minn. Stats. § 237.162 and Minn. R. 7810.0100, subps. 1 through 25 are hereby adopted by reference and are incorporated into this article as if set out in full. (Code 2003, § 18-172; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.430. Permit requirement. (a) Permit required. Except as otherwise provided in this Code, no person may obstruct, excavate or install or place any facilities in any right-of-way without first having obtained the appropriate right-of-way permit from the city to do so. (1) Excavation permit. An excavation permit is required to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein to the extent and for the duration specified therein. (2) Obstruction permit. An obstruction permit is required to hinder free and open pas- sage over the specified portion of right- of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excava- tion permit for the same project. (3) Small wireless facility permit. A small wireless facility permit is required to erect or install a wireless support structure or collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right-of-way, to the extent specified therein, provided that such permit shall CD3:14 (fl U) r STREETS, PARKS AND OTHER PUBLIC PROPERTY § 3.04.440 remain in effect for the length of time the and the location of all known existing facility is in use unless lawfully revoked. and proposed facilities, and the following (4) Curb cutldiiveway connection. A curb information: cut permit is required for any new or a. Each permittee's name, Gopher One - alteration to an existing curb cut/driveway Call registration certificate number, approach. If the curb cut is part of a address and email address, if building permit, a separate right-of-way applicable, and telephone and permit is not required. facsimile numbers. (b) Permit extension. No person may excavate b. The name, address, and email or obstruct or install or place any facilities in the address, if applicable, and telephone right -of --way beyond the date or dates specified and facsimile numbers of a local in the permit unless: representative or designee shall be available at all times. (1) Such person makes a supplementary C. A certificate of insurance or self - application for another right-of-way permit insurance: before the expiration of the initial permit; and 1. Verifying that an insurance policy has been issued to the (2) The new permit or permit extension is permittee by an insurance granted. company licensed to do busi- (c) Delay penalty. In accordance with Minn. ness in the state, or a form of self-insurance acceptable to the R. 7819.1000, subp. 3, and notwithstanding city. subsection (b) of this section, the city shall establish and impose a delay penalty for unreason- 2. Verifying that the permittee is able delays in right-of-way excavation, obstruc- insured against claims for tion, patching, or restoration and in placing new personal injury, including wireless support structures and small wireless death, as well as claims for facilities. property damage arising out of the: (d) Permit display. Permits issued under this (i) Use and occupancy of the article shall be conspicuously displayed or right-of-way by the otherwise available at all times at the indicated permittee, its officers, work site and shall be available for inspection by agents, employees and the city. permittees; and (Code 2003, § 18-173; Ord. No. 207(3rd series), GO Placement and use of § 1, 5-29-2018; Ord. No. 296(3rd series), § 3, facilities and equipment 2-26-2024) in the right-of-way by permittee, its officers, Sec. 3.04.440. Permit applications. agents, employees and Application for a permit is made to the city. permittees, including, but Right-of-way permit applications shall contain, not limited to, protection and will be considered complete only upon compli- against liability arising from completed opera- ance with the requirements of the following bons, damage of provisions: underground facilities and (1) Submission of a completed permit applica- collapse of property. tion form including all required attach- 3. Naming the city as an ments and scaled drawings showing the additional insured as to whom location and area of the proposed project the coverages required herein CD3:15 ti U) § 3.04.440 ORONO CODE are in force and applicable and obstructions of the right-of-way or for whom defense will be installation of new wireless support provided as to all such cover- structures or collocation of small ages. wireless facilities; 4. Requiring that the city be noti- d. Franchise fees or other charges, if fled 30 days in advance of applicable. cancelation of the policy or (Code 2003, § 18-174; Ord. No. 207(3rd series), material modification of a cover- § 1, 5-29-2018) age term. 5. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and poli- cies of this chapter. 6. The city may require a copy of the actual insurance policies. 7. If the person is a corporation, a copy of the certificate required to be filed with the secretary of state as recorded and certified to by the secretary of state. 8. A copy of the person's order granting a certificate of author- ity from the state public utili- ties commission or other authorization or approval from the applicable state or federal agency to lawfully operate, where the person is lawfully required to have such certificates from said commis- sion or other state or federal agency. (2) Payment is due to the city for: a. Permit fees, estimated restoration fees and other management costs; b. Prior obstructions, excavations, and installations and placements of wire- less support structures and small wireless facilities; C. Any undisputed loss, damage, or expense suffered by the city because of applicant's prior excavations or Sec. 3.04.450. Issuance of permit; condi- tions. (a) Permit issuance. If the applicant has satis- fied the requirements of this article, the city shall issue a permit. (b) Conditions. The following conditions shall apply to all permits: (1) Barricades, warning signs and warning lights on all street excavations shall be placed in accordance with the state uniform traffic control service manual. (2) A permittee shall take precautions to avoid creating unsafe or unsanitary condi- tions. (3) A permittee shall not obstruct a public right-of-way, except as expressly authorized by a permit, so as to hinder the natural, free and clear passage of water through the gutters or other waterways. (4) A permittee shall provide owners of property abutting the right-of-way where work will occur written notice 48 hours in advance of such work. (5) A permittee shall provide proper trench protection as required by OSHA to prevent any cave-in, injury to property or persons, or enlargement of the excavation. (6) Excavations, trenches and jacking pits off the roadway surface area or adjacent to the roadway or curbing shall be sheathed and braced. When unattended, all excavations, trenches and jacking pits shall be protected to prevent erosion from surface drainage. (7) A permittee shall protect the root growth of significant trees and shrubbery located CD3:16 ao r STREETS, PARKS AND OTHER PUBLIC PROPERTY within the public right-of-way and adjacent thereto. A permittee shall protect sprinkler systems, pet containment systems, and sod located adjacent to the public right-of-way. (8) A permittee shall coordinate project work and installation of facilities in co -loca- tions with other public right-of-way users. (9) A permittee shall maintain access to all properties and cross streets during project work, including emergency vehicle access. (10) A permittee shall physically locate property lines abutting the project work. The permittee shall replace, with the services of a state -licensed surveyor, any property corners or monuments disturbed as a result of the project. (11) A permittee shall remove daily all dirt from sidewalks, trails, public and private roadway surfaces and curbs and gutters during project work. (12) Fiber facilities shall be buried in a proper conduit and at a depth of no less than three feet deep and no more than four feet deep; copper facilities below concrete or bituminous paved roadway surfaces shall be buried no less than three feet deep and no more than four feet deep, and all other copper facilities shall be buried no less than 30 inches deep and no more than four feet deep. (13) All underground facilities which cross streets or hard surfaced driveways shall be bored and installed in conduit when requested by the city. Gas mains and services do not need to be installed in conduit. (14) When using trenchless installation methods to cross an area where an exist- ing utility is located or when directed by the city, the permittee shall excavate an observation hole to expose the existing utility prior to crossing such utility to ensure that existing utilities are not damaged. When an observation hole must be excavated in an existing pavement section, the pavement must be cut using § 3.04.450 the coring method. Saw cutting, jack hammering or any other means of excavat- ing the observation hole shall be strictly prohibited without prior approval from the city engineer. (15) Unless approved by the city engineer, all above -ground appurtenances shall be located no closer than ten feet to city hydrants, waterline valves, manholes, lift stations, catch basins; shall be located no closer than two feet from sidewalks or trails; and shall not be located in front of any city or private sign, monument or amenity for facilities or parks. (16) Underground facilities shall not be installed within five feet of hydrants, waterline valves, lift stations, manholes or catch basins unless approved by the city engineer. (17) The city may impose reasonable condi- tions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. (18) A permittee shall comply with all require- ments of local, state and federal laws, including, but not limited to, Minn. Stats. §§ 216D.01 through 216D.09 (Gopher One Call Excavation Notice System) and Minn. R. ch. 7560. (c) Trenchless excavation. As a condition of all applicable permits, permittees employing trench - less excavation methods, including, but not limited to, horizontal directional drilling, shall follow all requirements set forth in Minn. Stats. ch. 216D and Minn. R. ch. 7560, and shall require potholing or open cutting over existing underground utili- ties before excavating as determined by the city. (d) Small wireless facility conditions. In addi- tion to subsections (b) and (c) of this section, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions: (1) A small wireless facility shall only be collocated on the particular wireless sup- CD3:17 § 3.04.450 ORONO CODE port structure, under those attachment specifications, and at the height indicated in the applicable permit application. (2) No new wireless support structure installed within the right-of-way shall exceed 50 feet above ground level in height without the city's written authorization, provided that a wireless support structure that replaces an exist- ing wireless support structure in the public right-of-way that is greater than 50 feet above ground level in height may be placed at the height of the existing wireless support structure, subject to such conditions or requirements as may be imposed in the applicable permit. (3) No wireless facility may extend more than ten feet above its wireless support structure. (4) (5) (6) Where an applicant proposes to install a new wireless support structure in the right-of-way, the city may impose separa- tion requirements between such structure and any existing wireless support structure. Where an applicant proposes collocation on a decorative wireless support structure, sign, or other structure not intended to support small wireless facilities, the city may impose reasonable requirements to accommodate the particular design, appearance, or intended purpose of such structure. Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replace- ment, or relocation requirements on the replacement of such structure. (e) Small wireless facility agreement. A small wireless facility shall only be collocated on a wireless support structure owned or controlled by the city, or any other city asset in the right- of-way, after applicant has executed a standard small wireless facility collocation agreement with the city. The standard collocation agreement may require payment of the following: (1) Management costs; (2) Rent on the city structure as provided in Minn. Stats. § 237.163, subd. 6(g); (3) Maintenance associated with the colloca- tion as provided in Minn. Stats. § 237.163, subd. 6(g); (4) A monthly fee for electrical service as provided in Minn. Stats. § 237.163, subd. 6(g)• The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit; provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then -existing agreement between the city and applicant. (f) Deadline for action. The city shall approve or deny a small wireless facility permit applica- tion within 90 days after receiving a complete application. The small wireless facility permit, and any associated encroachment or building permit shall be deemed approved if the city fails to approve or deny the application within the review periods established in this section. (g) Consolidated applications. An applicant may file a consolidated small wireless facility permit application addressing the proposed col- location of up to 15 small wireless facilities, or a greater number if agreed by the city, provided that all small wireless facilities in an applica- tion: (1) Are located within a two-mile radius; (2) Consist of substantially similar equip- ment; and (3) Are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the city may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the applica- tion. CD3:18 STREETS, PARKS AND OTHER PUBLIC PROPERTY (h) Tolling of deadline for action. The 90-day deadline for action may be tolled if. (1) The city receives applications within a single seven-day period from one or more applicants seeking approval of permits for more than 30 small wireless facilities. In such case, the city may extend the 90-day deadline for all such applications by an additional 30 days by informing the affected applicants in writing of such extension. (2) The applicant fails to submit all required documents or information and the city provides written notice of incomplete- ness to the applicant within 30 business days of receipt of the application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the city's determina- tion whether the proposed equipment falls within the definition of a small wireless facility and whether the proposed deployment satisfies all health, safety, and welfare regulations applicable to the small wireless facility permit request. Upon applicant's submittal of additional information in response to a notice of incompleteness, the city has ten days to notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify docu- ments or information that were delineated in the original notice of incompleteness. Requests for information not requested in the initial notice of incompleteness do not toll the 90-day deadline for action. (3) The city and applicant may agree in writing to toll the review period. (Code 2003, § 18-175; Ord. No. 207(3rd series), § 1, 5-29-2018) § 3.04.460 See. 3.04.460. Permit fees. (a) Excavation permit fee. The city shall establish an excavation permit fee in an amount sufficient to recover the following costs: (1) City management costs; (2) Degradation costs, if applicable. (b) Obstruction permit fee. The city shall establish the obstruction permit fee and shall be in an amount sufficient to recover city manage- ment costs. (c) Small wireless facility permit fee. The city shall impose a small wireless facility permit fee for the placement of small wireless facilities and wireless support structures in the public right- of-way in an amount sufficient to recover: (1) Management costs; and (2) City engineering, make-ready, and construction costs associated with colloca- tion of small wireless facilities. (d) Cost of initial work associated with colloca- tion. Any initial engineering survey and prepara- tory construction work associated with collocation must be paid by the cost causer in the form of a one-time, nonrecurring, commercially reason- able, nondiscriminatory, and competitively neutral charge to recover costs associated with a proposed attachment. (e) Payment of permit fees. No excavation permit, obstruction permit or small wireless facility permit shall be issued without payment of excavation, obstruction, or small wireless facil- ity permit fees. The city may allow applicant to pay such fees within 30 days of billing. M Nonrefundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in section 3.04.540 are not refundable. (g) Application to franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. (Code 2003, § 18-176; Ord. No. 207(3rd series), § 1, 5-29-2018) CD3:19 § 3.04,470 ORONO CODE Sec. 3.04.470. Right-of-way patching and restoration. (a) Timing. The work to be done under the excavation permit, and the patching and restora- tion of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work is prohibited as unseasonal or unreasonable. (b) Patch and restoration. The permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (1) City restoration. If the city restores the right-of-way, the permittee shall pay the costs thereof within 30 days of billing. If, following such restoration, the pavement settles due to the permittee's improper backfilling, the permittee shall pay to the city within 30 days of billing, all costs associated with correcting the defective work. (2) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit, post a construction performance bond in accordance with the provisions of Minn. R. 7819.3000. (3) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right- of-way user may elect to pay a degrada- tion fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibili- ties. (c) Standards. The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materi- als specified by the city and shall comply with Minn. R. 7819.1100. (d) Duty to correct defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permit - tee upon notification from the city shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five calendar days of receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable. (e) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city at its option may do such work. In that event, the permittee shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond. (Code 2003, § 18-177; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.480. Supplementary applications. (a) Limitations on area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that speci- fied in the permit must be obstructed or excavated must, before working in that greater area, make application for a permit extension and pay any additional fees required thereby, and be granted a new permit or permit extension. (b) Limitation on dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permit - tee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. (Code 2003, § 18-178; Ord. No. 207(3rd series), § 1, 5-29-2018) CD3:20 N r STREETS, PARKS AND OTHER PUBLIC PROPERTY Sec. 3.04.490. Denial of permit. The city may deny a permit for failure to meet the requirements and conditions of this article or if the city determines that the denial is neces- sary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. Any denial of a right-of-way or small wireless facility permit shall be in writing and must document the basis for the denial. The city must notify the telecommunications right-of- way user within three business days of the decision to deny the permit. If the permit applica- tion is denied, the telecommunications right-of- way user may cure the deficiencies identified by the city and resubmit its application. If the telecommunications right-of-way user resubmits the application within 30 days of receiving writ- ten notice of the denial, it may not be charged an additional filing or processing fee. The city must approve or deny the revised application within 30 days after the revised application is submit- ted. (Code 2003, § 18-179; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.500. Installation requirements. The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minn. R. 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minn. Stats. §§ 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minn. R. ch. 7560 and this Code. Service lateral installation is further subject to those require- ments and conditions set forth by the city in applicable permits and/or agreements referenced in section 3.04.550(b). (Code 2003, § 18-180; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.510. Inspection. (a) Notice of completion. When the work under any permit hereunder is completed, the permit - tee shall furnish a completion certificate in accordance with Minn. R. 7819.1300. § 3.04.520 (b) Site inspection. Permittee shall make the work -site available to the city and to all others authorized by law for inspection at all reason- able times during the execution of and upon completion of the work. (c) Authority of city. (1) At the time of inspection, the city may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. (2) The city may issue an order to the permit - tee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten days after issu- ance of the order, the permittee shall present proof to the city that the viola- tion has been corrected. If such proof has not been presented within the required time, the city may revoke the permit pursuant to section 3.04.540. (Code 2003, § 18-181; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.520. Work done without a permit. (a) Emergency situations. (1) Each permittee shall immediately notify the city of any event regarding its facili- ties that it considers to be an emergency. The owner of the facilities may proceed to take whatever actions are necessary to respond to the emergency. Excavators' notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Within two business days after the occurrence of the emergency, the owner shall apply for the necessary permits, pay the fees associ- ated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this article for the actions it took in response to the emergency. CD3:21 § 3.04.520 ORONO CODE (2) If the city becomes aware of an emergency regarding facilities, the city will attempt to contact the local representative of each facility owner affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the person whose facilities occasioned the emergency. (b) Non -emergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit, pay double all other fees required by the city ordinance, deposit with the city the fees necessary to correct any damage to the right-of-way, and comply with all of the requirements of this article. (Code 2003, § 18-182; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.530. Supplementary notification. If the obstruction or excavation of the right- of-way begins later or ends sooner than the date given on the permit, permittee shall notify the city of the accurate information as soon as this information is known. (Code 2003, § 18-183; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.540. Revocation of permits. (a) Substantial breach. The city reserves its right, as provided herein, to revoke any right-of- way permit without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: (1) The violation of any material provision of the right-of-way permit; (2) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens. (3) Any material misrepresentation of fact in the application for a right-of-way permit; (4) The failure to complete the work in a timely manner, unless a permit exten- sion is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; or (5) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to section 3.04.510. (b) Written notice of breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condi- tion of the permit, the city shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the city, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. (c) Response to notice of breach. Within 24 hours of receiving notification of the breach, the permittee shall provide the city with a plan acceptable to the city that will cure the breach. The permittee's failure to so contact the city, or the permittee's failure to submit an acceptable plan, or the permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. (d) Revocation. Revocation of a right-of-way permit or small wireless facility permit shall be made in writing within three business days of the decision to revoke the permit and shall document the basis for the revocation. (e) Reimbursement of city costs. If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorney's fees incurred in connection with such revocation. (Code 2003, § 18-184; Ord. No. 207(3rd series), § 1, 5-29-2018) CD3:22 co r STREETS, PARKS AND OTHER PUBLIC PROPERTY Sec. 3.04.550. Mapping data. (a) Information required. Each permittee shall provide mapping information required by the city in accordance with Minn. R. 7819.4000 and 7819.4100. Within 90 days following completion of any work pursuant to a permit, the permittee shall provide the city accurate maps and draw- ings certifying the as -built location of all equip- ment installed, owned and maintained by the permittee. Such maps and drawings shall be provided consistent with the city's electronic mapping system. Failure to provide maps and drawings pursuant to this subsection shall be grounds for revoking the permit. (b) Service laterals. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minn. R. 7560.0150, subp. 2, shall require the permittee's use of appropriate means of establishing the horizontal locations of installed service laterals and the service lateral vertical locations in those cases where the city reasonably requires it. Permittees or their subcontractors shall submit to the city evidence satisfactory to the city of the installed service lateral locations. Compliance with this subsection and with applicable Gopher State One Call law and Minnesota Rules govern- ing service laterals installed after December 31, 2005, shall be a condition of any city approval necessary for: (1) Payments to contractors working on a public improvement project, including those under Minn. Stats. ch. 429; and (2) City approval under development agree- ments or other subdivision or site plan approval under Minn. Stats. ch. 462. The city shall reasonably determine the appropriate method of providing such information. Failure to provide prompt and accurate information on the service laterals installed may result in the revoca- tion of the permit issued for the work or future permits to the offending permittee or its subcontractors. (Code 2003, § 18-185; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.560. Location facilities. § 3.04.560 (a) Placement, location, relocation. Place- ment, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minn. R. 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. (b) Corridors. (1) The city may assign a specific area within the right-of-way, or any particular seg- ment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects will someday be located within the right- of-way. All excavation, obstruction, or other permits issued by the city involv- ing the installation or replacement of facilities shall designate the proper cor- ridor for the facilities at issue. (2) Any permittee who has facilities in the right-of-way in a position at variance with the corridors established by the city shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned posi- tion within the right-of-way, unless this requirement is waived by the city for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. (c) Nuisance. One year after the passage of the ordinance from which this article is derived, any facilities found in the right-of-way that have not been registered shall be deemed a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition. (d) Limitation of space. To protect health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the city shall have the power or prohibit or limit the placement of new or additional facilities within CD3:23 W) co § 3.04.560 ORONO CODE the right-of-way. In making such decisions, the city shall strive to the extent possible to accom- modate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condi- tion of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and develop- ment projects which have been determined to be in the public interest. (Code 2003, § 18-186; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.570. Pre -excavation facilities location. In addition to complying with the require- ments of Minn. Stats. §§ 216D.01 through 216D.09 (One Call Excavation Notice System) before the start date of any right-of-way excavation, each permittee who has facilities or equipment in the area to be excavated shall mark the horizontal and vertical placement of said facilities. Any permittee whose facilities are less than 20 inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. (Code 2003, § 18-187; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.580. Damage to other facilities. When the city does work in the right-of-way and finds it necessary to maintain, support, or move a permittee's facilities to protect it, the city shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to the facility owner and must be paid within 30 days from the date of billing. Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another permittee caused during the city's response to an emergency occasioned by the permittee's facilities. (Code 2003, § 18-188; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.590. Right-of-way vacation. If the city vacates a right-of-way that contains facilities, the facility owner's rights in the vacated right-of-way are governed by Minn. R. 7819.3200. (Code 2003, § 18-189; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.600. Indemnification and liability. By applying for and accepting a permit under this article, a permittee agrees to defend and indemnify the city in accordance with the provi- sions of Minn. R. 7819.1250. (Code 2003, § 18-190; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.610. Abandoned and unusable facilities. (a) Discontinued operations. A permittee who has determined to discontinue all or a portion of its operations in the city must provide informa- tion satisfactory to the city that the permittee's obligations for its facilities in the right-of-way under this article have been lawfully assumed by another permittee. (b) Removal. Any person who has abandoned facilities in any right-of-way shall remove them from the right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless this requirement is waived by the city. (Code 2003, § 18-191; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.620. Appeal. A right-of-way user that has been denied a permit; has had a permit revoked; believes that the fees imposed are invalid; or disputes any determination of the city under this article may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the city council. The city council shall act on a timely request at its next regularly scheduled meeting. A decision by the city council affirming the CD3:24 STREETS, PARKS AND OTHER PUBLIC PROPERTY denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. (Code 2003, § 18-192; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.630. Reservation of regulatory and police powers. A permittee's rights are subject to the regula- tory and police powers of the city to adopt and enforce general ordinances as necessary to protect the health, safety and welfare of the public. (Code 2003, § 18-193; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.640. Severability. If any portion of this article is for any reason held invalid by any court of competent jurisdic- tion, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remain- ing portions thereof. Nothing in this article precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. (Code 2003, § 18-194; Ord. No. 207(3rd series), § 1, 5-29-2018) ARTICLE V. VEGETATION Sec. 3.04.710. City to control tree plant- ing; standards. The city shall have control and supervision of planting shrubs and trees upon or overhanging all streets or other public property. The city may establish and enforce uniform standards relat- ing to the species and types of trees to be planted, their placement, maintenance and removal. Such standards shall be kept on file in the office of the city administrator and may be revised by action of the council upon the recom- mendation of the public works superintendent. (Code 1984, § 6.09(1); Code 2003, § 18-236; Ord. No. 296(3rd series), § 4(18-236), 2-26-2024) § 3.04.730 Sec. 3.04.720. Permit to plant or remove trees. It is a misdemeanor for any person to plant or remove any tree within the city right-of-way or overhanging streets without first procuring from the city a permit in writing to do so. (Code 1984, § 6.09(2); Code 2003, § 18-237; Ord. No. 296(3rd series), § 4(18-237), 2-26-2024) Sec. 3.04.730. Duty of property owners to cut grass and weeds and maintain trees and shrubs. (a) Every owner of property abutting on any street shall cause the grass and weeds to be cut from the line of such property nearest to such street to the center of such street. If the grass or weeds in such a place attain a height in excess of eight inches, it shall be prima facie evidence of a failure to comply with this section. Every owner of property abutting on any street shall, subject to the provisions in this article requiring a permit, trim, cut, remove and otherwise maintain all trees and shrubs in unhazardous and healthy condition, from the line of such property nearest to such street to the center of the street. (b) Managed natural landscapes are allowed in accordance with Minn. Stats. § 412.925. The term "managed natural landscape" means a planned, intentional, and maintained planting of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including, but not limited to, rain gardens, meadow vegetation, and ornamental plants. Managed natural landscapes do not include turfgrass lawns left unattended for the purpose of returning to a natural state. (c) The city may, in cases of failure to comply with this article, perform such work, keeping an accurate account of the cost for each lot, piece or parcel of land abutting upon such street. (d) If maintenance work described in subsec- tion (c) of this section is performed by the city, the public works superintendent shall forthwith upon completion of the work ascertain the cost attributable to each lot, piece or parcel of abut- ting land. The public works superintendent shall send a statement to the abutting property owner and, if the amount remains unpaid for 15 days, CD3:25 § 3.04.730 ORONO CODE present a certificate to the council and obtain its approval. When such certificate has been approved, it shall be extended as to the cost as a special assessment against such abutting land, and such special assessment shall at the time of certifying taxes to the county auditor be certified for collection as other special assessments are certified and collected. (Code 1984, § 6.09(3)—(5); Code 2003, § 18-238; Ord. No. 296(3rd series), § 4(18-238), 2-26-2024) ARTICLE VI. PUBLIC LAKESHORE, LAKESHORE RIGHTS -OF -WAY AND DOCKS Sec. 3.04.810. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dock means any wharf, pier, boat ramp, boat slip, or other structure constructed or maintained in, upon, or into the water of a lake from either public property or public rights -of -way. Dock accessories means all structures and materials used in conjunction with a dock, includ- ing, but not limited to, boat lifts, buoys, fences or other obstructions and permanent or semipermanent steps, ramps or other structures leading to the shoreline. Dock site means the property designated in the license issued pursuant to this section and as designated on the dock location map to be maintained by the city. Public property or public rights -of -way means all publicly owned property and all public rights - of -way that are immediately adjacent to a Lake- shore, as designated on the dock location map to be maintained at all times by the city pursuant to this section. (Code 2003, § 38-900; Ord. No. 239(3rd series), § 1, 3-9-2020; Ord. No. 259(3rd series), 7-26- 2021) Sec. 3.04.820. License required. No person shall erect, place, keep, or maintain a dock or other structure from on public property or public rights -of -way without a dock license for Crystal Bay Road dock sites. No person shall use a dock on a dock site on public rights -of -way without a dock license for Big Island dock sites. (Code 2003, § 38-901; Ord. No. 239(3rd series), § 1, 3-9-2020; Ord. No. 259(3rd series), 7-26- 2021) Sec. 3.04.830. Applications. Applications for dock licenses shall contain the following information and such other informa- tion as the city deems necessary: (1) Full name of applicant; (2) Address; (3) Preferred dock location on the dock loca- tion map and, if applying for Crystal Bay Road dock site, dock specifications; (4) Boat license number of any boats to be moored at the dock; (5) An application fee as established by the city council. The application fee shall be refunded if the applicant is not awarded a dock license; (6) Proof of ownership of residential lot. (Code 2003, § 38-902; Ord. No. 239(3rd series), § 1, 3-9-2020; Ord. No. 259(3rd series), 7-26- 2021) Sec. 3.04.840. Eligible applicants. (a) Crystal Bay Road. Property owners of land adjacent to city owned Lakeshore parcels as described in the table below are eligible to apply for a dock license for said site or sites. Only one individual per household may apply for a dock license and only one license shall be issued per city owned parcel. Residential Lot Dock Site PID 3445 Crystal is eligible for 1711723430123 Bay Road 3435 Crystal is eligible for 1711723430119 Bay Road 3415 Crystal is eligible for 1711723430117 Bay Road 3407 Crystal is eligible for 1711723430115 Bay Road CD3:26 00 co r STREETS, PARKS AND OTHER PUBLIC PROPERTY § 3.04.860 (b) Big Island. The city has identified seven the city, its officers, boards, commissions, lake accesses on Big Island on the official dock agents, and employees harmless from site map maintained in the office of the city and against any and all lawsuits, claims, clerk. Inland lot of record owners on Big Island causes of action, liability, and costs, of may apply for a dock license on city -owned any nature that the city may at any time, property or right-of-way for the express purpose directly or indirectly, suffer, sustain in of facilitating access to their property via boat. any way connected with the grant of a Renters of inland lots of record are not eligible to dock license or activities on the dock obtain a license on a city dock. license site. (Code 2003, § 38-903; Ord. No. 239(3rd series), (3) Docks. The license holder shall maintain § 1, 3-9-2020; Ord. No. 259(3rd series), 7-26- only one dock at the dock license site. 2021) (4) License plates. Dock license plates shall Sec. 3.04.850. Application approval and be issued by the city after approval of the denial. license application. The license plate must (a) The dock administrator shall provide a be securely fixed to the streetside end of recommendation to the city council who shall the licensed dock. License plates shall be approve or deny all applications. No application maintained by the licensee and shall shall be approved if there are any outstanding remain the property of the city. noncompliance orders against the applicant or if (5) Transferability. Dock licenses may not be the proposed dock will not comply with all terms sold, assigned, licensed, or otherwise of this Code. transferred in any way to any person, partnership or corporation, except that (b) Applications will be reviewed in the order the license may be transferred to a in which they are received. purchaser of the license holder's (Code 2003, § 38-904; Ord. No. 239(3rd series), residential property within the city. Dock § 1, 3-9-2020; Ord. No. 259(3rd series), 7-26- space may not be rented. 2021) (6) Removal of docks. Upon termination of a Sec. 3.04.860. Terms of license. dock license, the license holder must completely remove the licensed dock and Before a dock license is issued for Crystal Bay all accessory items, including, but not Road dock sites, the applicant must sign a limited to, stairs leading to the dock from license agreement containing the following terms the public property or public right -of - and conditions and other provisions as the council way. Any dock or accessory item that has may require: not been removed will be removed by the (1) Rights and liabilities. Except as otherwise city and all costs the responsibility of the provided, a city dock license entitles the last license holder for that dock site. license holder to the exclusive use and (7) Dock construction; specifications and control of the dock site and the same dimensions. rights, obligations and liabilities as a private property owner. In addition to a. Docks on dock sites shall comply the provisions of this section, all dock with LMCD regulations. license sites shall fully comply with LMCD b. Docks shall be constructed of materi- regulations and all applicable state laws als approved by the dock inspector; and regulations. docks shall be of plank or rail (2) Indemnification. Dock license holders shall construction; and all dock posts shall be solely responsible for the dock license be of equal height above the dock; site and all activities thereon. The license C. Docks shall not be located closer holder shall indemnify, defend, and hold than ten feet to a neighboring dock CD3:27 § 3.04.860 license site or private property line. The dock administrator may refer, and the city council may grant excep- tions where there are unusual circumstances and such an excep- tion will not have a detrimental impact on the lake. The city council may impose conditions on any excep- tion granted under this subsection. d. Docks may not be permanently installed. (8) Dock accessories. All dock accessories must be approved in writing prior to use at a dock site. (9) Dock storage. Docks must be removed from the water no later than November 1. Docks and dock accessories may not be stored on the dock site between November 1 and April 1 of the following year. (10) Declaration of watercraft. a. Requirements. Watercraft that are moored at a city dock or multiple slip site must be declared on the dock license application. The applicant must provide the city with a copy of the current DNR watercraft registration or U.S. Coast Guard documentation or recently applied for DNR watercraft registration or U.S. Coast Guard documentation for each watercraft, at the time of application. This DNR registration or U.S. Coast Guard documentation must verify that the watercraft is in the name of the licensee. If a declared watercraft is removed from the city dock program, the site holder may substitute a replacement watercraft upon providing the city with required documentation as stated above. Newly declared replacement watercraft may be subject an additional LMCD fee. C. Unless permitted under subsection (10)a or b of this section, no watercraft shall be moored at a city dock site. (11) Subject to inspections. All licensed docks are subject to inspection at reasonable times by the dock inspector or his or her designee. (12) City access. The city shall be free to enter the dock site for any reason at any reasonable time and to perform maintenance and regulatory functions to be specified in the terms of the dock license agreement. (13) Costs. All costs of maintaining licensed docks and dock accessories are the responsibility of the license holder. (14) Term. All dock licenses on Crystal Bay Road shall be valid for ten years. (15) License fee. a. The city council shall establish license fees. License fees shall not increase during the term of a license. A licensee must pay a license fee in full at the beginning of the term of the license by April 1 of each calendar year of the term of the license. Failure to pay the license fee by April 1 shall result in the termina- tion the license agreement. b. In the event the licensee paid a license fee at the beginning of the term, and the license is terminated, the city may refund a prorated amount of the license fee, based on the number of years remaining at the time of refund request, unless the licensee owes the city for costs and expenses as outlined in the license agreement. (Code 2003, § 38-905; Ord. No. 239(3rd series), § 1, 3-9-2020; Ord. No. 259(3rd series), 7-26- 2021) b. Allowable mooring of non -owned watercraft. Mooring of watercraft Sec. 3.04.870. Terms of license for Big not owned by the dock licensee is Island dock sites. permitted for a period of up to 48 Dock sites on Big Island are offered to provide hours, two times in a calendar year. dockage opportunity for inland lot of record CD3:28 STREETS, PARKS AND OTHER PUBLIC PROPERTY owners to access their property via public right of way. Before a dock license is issued for Big Island dock sites, the applicant must sign a license agreement containing the following terms and conditions and other provisions as the council (7) may require. (1) Rights and liabilities. The licensee shall be permitted to use the property for the purposes described in this section and shall not use the property for any other purposes. In addition to the provisions of this section, all dock license sites shall fully comply with LMCD regulations and all applicable state laws and regulations. (2) Indemnification. Dock license holders shall be solely responsible for the dock license site and all activities thereon. The license holder shall indemnify, defend, and hold the city, its officers, boards, commissions, agents, and employees harmless from and against any and all lawsuits, claims, causes of action, liability, and costs, of any nature that the city may at any time, directly or indirectly, suffer, sustain in any way connected with the grant of a dock license or activities on the dock license site. (3) Docks. The license holder household may obtain only one license. (4) License plates. Dock license plates shall be issued by the city after approval of the license application. The license plate must be securely fixed to the lakeside end of the licensed dock. License plates shall be maintained by the licensee and shall remain the property of the city. (5) Transferability. Big Island dock licenses may not be sold, assigned, licensed, or otherwise transferred in any way to any person, partnership, or corporation. Only the license holder may store a boat at the dock. (6) Storage items. The license holder shall not store any accessory items at the dock site except for the boat. The city may § 3.04.870 remove any accessory items from the dock site and treat it as abandoned property in accordance with law. Removal of boat. Upon termination of a dock license, the license holder must remove the boat. Any item that has not been removed will be removed by the city and treated as abandoned property in accordance with law. (8) Dock specifications. Docks within right- of-way on Big Island will not extend more than 24 feet from the ordinary high-water line (OHW). (9) Dock accessories. All dock accessories must be approved in writing prior to use at a dock site. (10) Dock and dock site usage. Docks and dock sites may only be used after the city places the dock on the dock site. The city will endeavor to place docks on dock sites by May 1. The license holder shall not be entitled to a prorated license fee if the city places the dock on the dock site after May 1. The license holder shall cease using the dock and dock site on November 1 of each year. The license holder shall remove the boat from the dock site no later than November 1 of each year. (11) Declaration of watercraft; requirements. Watercraft that are moored at a city dock or multiple slip site must be declared on the dock license application. The applicant must provide the city with a copy of the current DNR watercraft registration or U.S. Coast Guard documentation or recently applied for DNR watercraft registration or U.S. Coast Guard documentation for each watercraft, at the time of application. This DNR registration or U.S. Coast Guard documentation must verify that the watercraft is in the name of the licensee. If a declared watercraft is removed from the city dock program, the site holder may substitute a replacement watercraft upon providing the city with required CD3:29 ti § 3.04.870 ORONO CODE documentation as stated above. Newly declared replacement watercraft may be subject an additional LMCD fee. a. Unless permitted under subsections (9) and (10) of this section, no watercraft shall be moored at a city dock site. b. A license grants the licensee one boat per dock site. Up to two license holders may share a dock allowing a total of two boats. (12) Subject to inspections. All licensed docks are subject to inspection at reasonable times by the dock inspector or his or her designee. (13) City access. The city shall be free to enter the dock site for any reason at any reasonable time and to perform maintenance and regulatory functions to be specified in the terms of the dock license agreement. (14) Costs. All costs of maintaining licensed docks and dock accessories are the responsibility of the license holder. (15) Term. Big Island Dock licenses expire November 1 of each year. (16) License fee. The city council shall establish license fees. License fees shall not increase during the term of a license. A licensee must pay a license fee in full at the beginning of the term of the license by April 1 of each calendar year of the term of the license. Failure to pay the license fee may be cause the denial of the license application. (Code 2003, § 38-906; Ord. No. 259(3rd series), 7-26-2021) Sec. 3.04.880. Administration. (a) Dock administrator. The city council shall appoint a dock administrator who shall be responsible for the administration of the city dock licensing program, to include processing applications, and maintaining the dock location map. (b) Dock location map. There shall be on file with the city a map maintained by the dock administrator showing the approved locations of docks on public land and public rights -of -way. The map shall contain the following information: (1) Locations of public property and public rights -of -way; (2) Specific dock locations; (3) A numerical designation for each dock location to correspond with a list of license holders; (4) Restrictions applicable to certain areas of shoreline; (5) Shoreline access points; (6) Shoreline areas available for winter stor- age. (c) Inspections; license revocation. The dock administrator or designee shall from time to time inspect any dock erected or maintained on public property or public rights -of -way. If there are any violations of this Code, state statute or state regulation, the dock license holder shall be notified in writing of the way the dock or dock area does not comply. The license holder shall have 14 days to remove the dock or otherwise bring the dock license site into compliance. If the violation is not corrected after 14 days, the license shall be revoked and all property removed from the dock license site unless, within the 14 days, the dock administrator receives from the license holder a written request for a hearing. (d) Appeals. Appeals from any decision of the dock administrator shall be as provided for in section 1.08.160. (Code 2003, § 38-907; Ord. No. 239(3rd series), § 1, 3-9-2020; Ord. No. 259(3rd series), 7-26- 2021) CD3:30 N ti r STREETS, PARKS AND OTHER PUBLIC PROPERTY § 3.08.210 CHAPTER 3.08. PARKS AND ascribed to them in this section, except where RECREATION* the context clearly indicates a different meaning: ARTICLE I. IN GENERAL (RESERVED) ARTICLE II. PARK COMMISSION Sec. 3.08.110. Established. A park commission is established. (Code 1984, § 2.52(1); Code 2003, § 22-31; Ord. No. 112(2nd series), § 1, 1-11-1993) Sec. 3.08.120. Members. The park commission is composed of seven members, who serve staggered three-year terms. The council may by majority vote appoint one or more alternate park commission members to serve when regular members are absent. One staff member and one councilmember shall be members of the commission ex officio and without vote and are in addition to the seven -member commission. (Code 1984, § 2.52(1); Code 2003, § 22-32; Ord. No. 112(2nd series), § 1, 1-11-1993; Ord. No. 180(3rd series), § 1, 1-9-2017) Sec. 3.08.130. Powers and duties. The park commission shall be only an advisory body to the council. The commission shall study and consider the continuing needs of the city for parks and recreation areas and facilities of all kinds, including, but not limited to, problems involving public use of Lake Minnetonka and other lakes in the city, and portions of its shorelines. The commission shall report to the council. (Code 1984, § 2.52(2); Code 2003, § 22-33) ARTICLE III. PUBLIC CONDUCT IN PARKS AND PUBLIC SWIMMING AREAS Sec. 3.08.210. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings *State law reference —General authority relative to parks, Minn. Stats. § 412.491. Animal means all animals, reptiles and fowls of every kind and description, whether domesticated or such as may be tame, but are of a species commonly found in wild habitat, but excluding domesticated dogs and cats. Fighting words means an expression likely to provoke the average person to retaliation and thereby cause a breach of the peace. Motorized vehicle means any self-propelled vehicle equipped with a unit for its propulsion by means of energy stored on the vehicle, including a vehicle designed to be propelled by means of such energy alternatively or in combination with human power, and includes vehicles designed to be drawn by self-propelled vehicles, but excludes such vehicles designed exclusively for operation on metal tracks. Nudity means uncovered, or less than opaquely covered, post -pubertal human genitals, pubic areas, the post -pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered. Obscenities means an expression that, taken as a whole, appeals to the prurient interest in sex and depicts or describes in a patently offensive manner sexual conduct and which, taken as a whole, does not have serious literary, artistic, political, or scientific value. Park means an area reserved, designated or used for active or passive public recreation, except a swimming beach, that is owned, oper- ated or controlled by the city. Sexual conduct means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. CD3:31 M ti § 3.08.210 ORONO CODE Swimming beach means an area reserved, designated or used for scheduled or open public swimming which is owned, operated or controlled by the city. Threats occur when the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals. (Code 1984, § 9.31(2); Code 2003, § 22-86; Ord. No. 290(3rd series), § 1, 2-26-2024) Sec. 3.08.220. Application. This article shall apply to all parks and swimming beaches and supplements and is in addition to those provisions of this Code which, by their terms, apply only to specific recreational areas. (Code 1984, § 9.31(1); Code 2003, § 22-87) Sec. 3.08.230. Exceptions. This article does not apply to city employees or authorized emergency personnel acting within the course and scope of their employment. (Code 1984, § 9.31(3); Code 2003, § 22-88) Sec. 3.08.240. Unlawful acts. It is unlawful for any person to: (1) Enter upon any park between the hours of 10:00 p.m. and 6:00 a.m, of the day next following, when notice is given by signposting. (2) Enter upon any swimming beach between the hours of 8:00 p.m. and 10:00 a.m. of the day next following, when notice is given by signposting. (Code 1984, § 9.31(3)(A), (3)(B); Code 2003, § 22- 89) Sec. 3.08.250. Damage to, theft of equip- ment, objects. No person shall mark, paint, write or post bills upon, deface or in any other way damage, destroy, remove or carry away any equipment, manmade, natural or cultivated plantings, or other thing that is used or situated upon a park or swimming beach. (Code 1984, § 9.31(3)(0); Code 2003, § 22-90) State law reference —Malicious mischief, Minn. Stats. § 609.595. Sec. 3.08.260. Sales, advertisements. No person shall sell or by any means advertise for sale any goods, wares, merchandise or services of any kind, nature or description in a park or swimming beach. (Code 1984, § 9.31(3)(P); Code 2003, § 22-91) Sec. 3.08.270. Motor vehicle operations, standing. No person shall: (1) Operate a motorized vehicle in any park or swimming beach except such portion as is graded, paved, designated or maintained as a public street, parking area or boat launching area. (2) Leave a motorized vehicle standing in any park not designated as a parking area. (Code 1984, § 9.31(3)(C), (3)(D); Code 2003, § 22-92) Sec. 3.08.280. Riding bicycles, nonmotor- ized vehicles. No person shall ride a bicycle or other nonmo- torized vehicle in any park or swimming beach except on designated pathways, and then only in such manner as to not threaten or endanger the person or property of others. (Code 1984, § 9.31(3)(M); Code 2003, § 22-93) Sec. 3.08.290. Operation of model airplanes. No person shall operate a model airplane in a park or swimming beach. (Code 1984, § 9.31(3)(N); Code 2003, § 22-94) Sec. 3.08.300. Animal regulations. No person shall: (1) Except as provided in Minn. Stats. § 256C.02, bring or keep an animal owned CD3:32 ti r STREETS, PARKS AND OTHER PUBLIC PROPERTY § 3.08.360 or under his control into or upon a park. Sec. 3.08.320. Building fires. This subsection does not prohibit dogs or cats that are on leashes or dogs in an No person shall build or maintain a lire in a area designated as an off leash area, park or swimming beach. provided that the person having custody (Code 1984, § 9.31(3)(J); Code 2003, § 22-97) of the animal: Sec. 3.08.330. Discharging fireworks. a. Is present with the animal; b. Has a current off leash permit; and No person shall discharge fireworks in a park or swimming beach. C. Is acting in compliance with the (Code 1984, § 9.31(3)(K); Code 2003, § 22-98) rules and regulations of the off leash areas. Sec. 3.08.340. Nudity, sexual conduct, (2) Except as provided in Minn. Stats. obscenities, threats, fighting words. § 256C.02, bring or keep an animal, dog or cat owned or under his control into or In a park or swimming beach, no person shall upon a swimming beach. engage in nudity or sexual conduct, or direct (3) Bring or keep a dog or cat owned or threats at a particular individual or group of under his control into or upon a park individuals, or utter fighting words likely to provoke an average person to retaliation and unless such dog or cat is effectively thereby cause a breach of the peace. restrained by means of a leash or chain (Code 1984, § 9.31(3)(L); Code 2003, § 22-99; Ord. and is kept from disturbing persons, wild No. 290(3rd series), § 2, 2-26-2024) animals and wildfowl, or bring a dog or State law reference —Indecent exposure, Minn. Stats. cat owned or under his control into or § 617.23. upon a park where prohibited by signs. (4) Bring or keep a dog or cat owned or under his control into or upon a park without such person having in his posses- sion at all times equipment for the removal of any feces deposited by such dog or cat; and, upon such deposit being made, using such equipment for the immediate removal and sanitary disposition of such feces. (Code 1984, § 9.31(3)(E)—(3)(H); Code 2003, § 22-95; Ord. No. 209(2nd series), § 1, 11-13- 2001; Ord. No. 176(3rd series), § 1, 8-22-2016) Sec. 3.08.310. Use of alcohol. No person shall sell, possess or consume any alcoholic beverage in any park or swimming beach. For the purpose of this section, the term "possess" shall not relate to a container which is kept in the trunk of a vehicle if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. (Code 1984, § 9.31(3)(I); Code 2003, § 22-96) Sec. 3.08.350. Fishing. No person shall fish at any swimming beach. (Code 1984, § 9.31(3)(Q); Code 2003, § 22-100) Sec. 3.08.360. City docks. (a) All docks owned or maintained by the city shall be subject to the regulations in this section and are referred to as "city docks." (b) It is unlawful for any person to: (1) Dive, jump or fish from or otherwise use a city dock or the adjacent area in a manner so as to disturb or endanger any other person; (2) Dock any watercraft except for the temporary purpose of boarding or discharging passengers, and then not in any dock within a swimming beach; (3) Use a city dock or the surrounding area for any purpose between the hours of 10:00 p.m. and sunrise the next morning; or CD3:33 W) ti § 3.08.360 ORONO CODE (4) Deposit or leave any paper, can, bottle, glass or other refuse on or near a city dock except in approved containers placed by the city for such purpose. (c) It is unlawful for any person to disobey any order of a police or health officer relating to the use of a city dock, or to disobey any sign - posted regulation or rule. (Code 1984, § 9.33; Code 2003, § 22-101) Sec. 3.08.370. Off leash dog areas; permits and regulations. (a) Dogs may be unrestrained by chain or leash in areas designated for off leash activities by the city. No person shall use a designated off leash area without first having obtained a permit for each dog using such an area from the city. A dog deemed a dangerous animal, or as a danger- ous or potentially dangerous dog as defined under Minn. Stats. § 347.50, is not permitted to use off leash areas. (b) The annual fee for an off leash area permit shall be set city council and published in the annual fee schedule. A permit may only be issued upon verification of rabies vaccination. Permits shall be valid from the time they are issued until December 31 next after the date of issuance. (c) Upon application for a permit, the applicant shall be provided with the rules for use of off leash areas. As a condition for the issuance of a permit, the applicant shall sign and agree to abide by these rules. (d) Feces clean up. Any person having the custody or control of any dog or domestic animal shall have the responsibility for cleaning up any feces of the animal and disposing of such feces in a sanitary manner. It shall furthermore be the duty of any person having custody or control of any dog or domestic animal on or about any public place to have in such person's possession suitable equipment for picking up, removal and sanitary disposal of animal feces. Violations of this provision may result in an administrative fine. (e) The person responsible for a dog must have the dog restrained when entering and leaving an off leash area. If so directed by a law enforcement officer, animal care and control officer, or animal warden, persons using an off leash area must immediately restrain their dogs and remove them from the off leash area. (f) Enforcement. (1) Compliance required. All persons shall comply with the park signs and markers installed by the city. (2) Enforcement authority. Designated city officials and law enforcement authorities shall have the jurisdiction to enforce any violation of these rules and any state or local laws which occur on park property. (3) Violation a misdemeanor. Any infraction of a duly adopted park rule constitutes a misdemeanor and is punishable by law or through an administrative offense fee. Fees are listed in the city fee schedule. (4) Permit revocation. A permit may be revoked for failure of the applicant, or any person who takes the dog into an off leash recreation area, to abide by these rules, or for violation of any of the provi- sions of this chapter or ordinances that occur within an off leash area. (Code 2003, § 22-02; Ord. No. 176(3rd series), § 2, 8-22-2016) ARTICLE IV. SPECIAL REGULATIONS FOR BIG ISLAND NATURE PARK Sec. 3.08.410. Purpose. (a) Through mutual collaboration between the city and the Minnehaha Creek Watershed District, Big Island Nature Park is intended to be preserved, maintained and improved as a pas- sive recreational, ecological and educational asset to the Lake Minnetonka community and its visitors. A conservation easement has been established over the park property that restricts the level of improvements and activities to ensure these goals are accomplished. CD3:34 W ti r STREETS, PARKS AND OTHER PUBLIC PROPERTY (b) The rules within this article are established as written guidelines for the use of Big Island Nature Park. These rules are intended to ensure that visitors to the park enjoy a safe and positive experience, while protecting and preserving its natural and cultural amenities. (Code 2003, § 22-111; Ord. No. 74(3rd series), § 1, 6-28-2010) Sec. 3.08.420. Regulation of public use. (a) Park hours. Big Island Nature Park shall be open to the public from 6:00 a.m. to 10:00 p.m. daily. It shall be unlawful for any person to enter or remain in the park between 10:00 p.m. and 6:00 a.m. (b) Closed areas. Any section or part of the park may be declared closed to the public by the city at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses as the city shall find reasonably necessary. It shall be unlawful for any person to enter an area in the park posted as "closed to the public." (c) Reservations. No facilities within Big Island Nature Park shall be reserved nor designated for exclusive use by any individual, group or organiza- tion. (d) Special events, private events, large assemblies. No activity for which a permit is required per the provisions of chapter 4.20 or 5.32, article VI, shall be allowed unless such permit is obtained. (Code 2003, § 22-112; Ord. No. 74(3rd series), § 1, 6-28-2010) Sec. 3.08.430. Regulation of general conduct. (a) Alcohol. The sale, possession or consump- tion of alcoholic beverages in the park is prohibited. (b) Gambling. It shall be unlawful for any person to gamble or participate in any game of chance in the park. § 3.08.440 (c) Nuisance. It shall be unlawful commit any act within the park that constitutes a nuisance as defined by this Code or state statute. (d) Littering and sanitation. It is unlawful to litter or dump trash in the park. Garbage and recyclables shall remain in the possession of the park user and shall be removed from the park upon leaving the park property. (e) Glass containers. Glass beverage contain- ers are prohibited in the park. (f) Dangerous weapons l fireworks. Explosives, slingshots, bows and arrows, and paintball guns are prohibited in the park at all times. Discharge of firecrackers or fireworks or detonation of explosive devices of any kind in the park is prohibited. (g) Interference with employee performance of duty. It is unlawful for any person to imperson- ate a park employee or city official or to interfere with, harass, or hinder any employee or city official in the discharge of his/her duties. (Code 2003, § 22-113; Ord. No. 74(3rd series), § 1, 6-28-2010) Sec. 3.08.440. General park operation regulations. (a) Commercial activity. No person shall sell or by any means advertise for sale any goods, wares, merchandise, liquids, edibles or services of any kind, nature or description in the park. (b) Sign posting. The posting, distribution and display of private signs, notices, posters or advertisements is prohibited within the park property. (c) Noise l amplification of sound. The opera- tion or use of loudspeakers, sound amplifiers, or other devices for the production or reproduction of sound is prohibited in the park. The operation or use of any radio, phonograph, television or other machine or device for the production or reproduction of sound in such a manner as to be disturbing or a nuisance to reasonable persons of normal sensitivity within the area of audibility is prohibited in the park. Live bands are prohibited in the park. CD3:35 § 3.08.440 ORONO CODE (d) Fires. Open fires are prohibited everywhere in the park, including the swimming beach. Open fires include campfires and charcoal grills. Propane grills are allowed. (e) Motorized vehicles. The operation and use of motorized vehicles in the park is prohibited. The city or its designees may utilize motorized vehicles as necessary for park operations, maintenance, emergency vehicles or handicap accessibility. (f) Bicycles. The operation of mountain bikes or other bicycles within the park is prohibited. (g) Engine -powered models and toys. It shall be unlawful for any person to start, fly or use any fuel- or battery -powered model aircraft, model car, or rocket or like powered toy or model within the park. (h) Animals and pets. Animals and pets brought into the park shall be under the owner's physical control and effectively restrained by means of a leash or chain no more than six feet in length, and shall be kept from disturbing persons, wild animals and wildfowl. Animals and pets are prohibited in the swimming beach area. The owner of an animal or pet shall have in his possession at all times equipment for the removal of any feces deposited by such pet; and, upon such deposit being made, shall use such equipment for the immediate removal and sanitary disposition of such feces. Animals and pets shall not be tethered to a tree, plant, building or park equipment nor left unattended. Horses are prohibited within the park. (i) Regulation of recreation activity. (1) Camping. Overnight camping within the park is prohibited. (2) Picnicking. Picnicking in the park is allowed subject to the following: a. No person or group shall assume exclusive use of a picnic site or shelter. b. No person or group shall set up temporary shelters, tents, tarps, canopies and other such devices without authorization by permit. (3) Swimming. Swimming in Lake Minne- tonka is at the individual's own risk. Life guards are not provided. (4) Boating and dock use. It shall be unlaw- ful to land a watercraft or leave a watercraft unattended except at loca- tions designated for that purpose. The docks at the main landing area are intended solely for the purpose of loading and unloading boats. No overnight dock- ing is allowed. It shall be unlawful to fish, lounge, sunbathe or otherwise loiter on said docks. It shall be unlawful to dive or jump from the docks. It shall be unlawful to use the docks in a manner so as to disturb or endanger any other person. (5) Hunting and fishing. Hunting and trap- ping are prohibited in the park at all times. Shore fishing is allowed except in the designated swimming beach area. Fishing from the boat docks at the main landing area is prohibited. It is unlawful to fish in an area designated as a "no fishing" area. (6) Golf practice. Hitting golf balls in the park is prohibited. (7) Research activity. Research activity within the park shall be by permit only. (Code 2003, § 22-114; Ord. No. 74(3rd series), § 1, 6-28-2010) Sec. 3.08.450. Protection of property, structures and natural resources. (a) Vandalism. The intentional defacement, destruction, alteration, injury, removal or disturbance of any park property is prohibited. It is unlawful to intentionally deface, destroy, cover, damage, tamper with or remove any placard, notice or sign, or parts thereof, whether permanent or temporary, posted or exhibited by the city or by the Minnehaha Creek Watershed District. (b) Disturbance of natural resources. (1) Plant life. All plant life within the boundaries of Big Island Nature Park is protected. Patrons shall not intention- CD3:36 STREETS, PARKS AND OTHER PUBLIC PROPERTY ally alter, mutilate, cut, prune, trim, injure, destroy, or remove any live or dead tree, shrub, vine, wildflower, grass, sedge, fern, moss lichen, fungus or any other member of the plant kingdom or portion thereof, except upon approval by the city and the Minnehaha Creek Watershed District. No person shall col- lect or harvest dead wood or plants, or portions thereof, except upon written approval. Introduction of non-native spe- cies is prohibited. This section shall not apply to employees or designees of the city or the Minnehaha Creek Watershed District performing property maintenance or invasive species control under an approved management plan. (2) Wildlife. All wildlife within the boundar- ies of Big Island Nature Park is protected. No person may kill, harm, harass, pursue, hunt, trap, remove, feed or in any manner disturb or caused to be disturbed any species of wildlife, except fishing in designated areas pursuant to the state game laws, except upon written approval of the city and the Minnehaha Creek Watershed District. No person shall intentionally remove, alter, injure, or destroy habitat used by any species, including, but not limited to, nests, dams or burrows. No person shall allow a pet to act in violation of these regulations. (3) Harmful or foreign substances. No use of pesticides or biocides is allowed, includ- ing insecticides, fungicides, rodenticides, herbicides, or "bug -zappers," except that this limitation shall not apply to employees or agents of the city or the Minnehaha Creek Watershed District performing invasive species control under an approved management plan. No person shall place any debris, pollutant or other agent in or upon the park or adjacent waters. No person shall discharge wastewater or any other wastes in the park except into designated containers or receptacles, except as authorized by the city or the Minnehaha Creek Watershed District. § 3.08.460 (4) Topography. No alteration of topography is allowed, including ditching, draining, diking, filling, excavation, dredging, mining, drilling, or removal of earth materials except as minimally necessary to effect a permitted use. (c) Interference with park property. (1) Cultural resources. All sites, objects, build- ings, artifacts, implements, and locations of historical, archaeological, geologic, scientific or educational interest of every character located in, on, or under the surface of Big Island Nature Park are protected. No person may remove, excavate, take, dig into, or destroy any site, object, building, artifact, implement or location of archaeological, geological, scientific or historical interest without having first obtained written permission from the city. (2) Fences, gardening, etc. It shall be unlaw- ful for any person to encroach on park property with such items as fences or gardens, or to disturb the natural landscape, vegetation, or structures on park property or otherwise use park property for private use. (Code 2003, § 22-115; Ord. No. 74(3rd series), § 1, 6-28-2010) Sec. 3.08.460. Enforcement. (a) Compliance required. All persons shall comply with the park signs and markers installed by the city or Minnehaha Creek Watershed District. (b) Enforcement authority. Designated city officials and law enforcement authorities, includ- ing, but not limited to, the county sheriff office deputies and special deputies, Three Rivers Park police and the department of natural resources, shall have the jurisdiction to enforce any viola- tion of these rules and any state or local laws which occur on park property. (c) Violation a misdemeanor. Any infraction of a duly adopted park rule constitutes a misdemeanor and is punishable by law. CD3:37 ti § 3.08.460 ORONO CODE (d) Permit revocation. The city shall have the right and authority to immediately revoke for good cause any permit issued for use of the park. (Code 2003, § 22-116; Ord. No. 74(3rd series), § 1, 6-28-2010; Ord. No. 163(3rd series), § 1, 2-22-2016) CD3:38 0 0o r T" 0o r N 00 T_ Title IV BUSINESS, LICENSING, LIQUOR REGULATION Chapter 4.04. Businesses Article I. In General (Reserved) Article II. Business Licenses Sec. 4.04.110. Definitions. Sec. 4.04.120. Applications. Sec. 4.04.130. Action on application, transfer, termination and duplicate license. Sec. 4.04.140. Moral character. Sec. 4.04.150. License fees. Sec. 4.04.160. Carrying or posting. Sec. 4.04.170. Penalty for property owner. Sec. 4.04.180. Responsibility of licensee. Sec. 4.04.190. Conditional licenses. Sec. 4.04.200. Renewal of licenses. Sec. 4.04.210. License denial and fixing rates; hearing. Sec. 4.04.220. Insurance requirements. Article III. Home Occupations Sec. 4.04.310. License. Article IV. Rental Licensing Sec. 4.04.410. Purpose. Sec. 4.04.420. Definitions. Sec. 4.04.430. License required. Sec. 4.04.440. Exceptions. Sec. 4.04.450. License suspension, revocation, and nonrenewal. Sec. 4.04.460. Inspections. Sec. 4.04.470. Short-term rentals prohibited. Sec. 4.04.480. Disorderly use by tenants. Sec. 4.04.490. Penalties. Chapter 4.08. Temporary Short -Term Merchants Article L In General Sec. 4.08.010. Purpose. Sec. 4.08.020. Definitions. Sec. 4.08.030. Exceptions to definitions. Sec. 4.08.040. Prohibited activities. Sec. 4.08.050. Exclusion by placard. Sec. 4.08.060. Violation a misdemeanor. Article II. License Sec. 4.08.110. Required; exemption. Sec. 4.08.120. Application. Sec. 4.08.130. Fee. Sec. 4.08.140. Bond. Sec. 4.08.150. Investigation, approval or disapproval. CD4:1 M 00 T" ORONO CODE Sec, 4.08.160. Duration. Sec. 4.08.170. Exemptions. Sec. 4.08.180. Ineligibility. Sec. 4.08.190. Certificate. Sec. 4.08.200. Suspension and revocation. Sec. 4.08.210. Transferability. Chapter 4.12. Massage Therapy Centers Article I. In General Sec. 4.12.010. Intent and findings. Sec. 4.12.020. Definitions. Article II. Licenses Sec. 4.12.110. General rule; number of licenses. Sec. 4.12.120. License applications. Sec. 4.12.130. Granting, refusal, issuing, transferring, and duplicating of licenses. Sec. 4.12.140. Conditions governing issuance of licenses. Sec. 4.12.150. Restrictions and regulations. Sec. 4.12.160. Construction and maintenance requirements. Sec. 4.12.170. Termination. Sec. 4.12.180. Revocation and suspension of license. Sec. 4.12.190. Expiration of licenses. Sec. 4.12,200. Renewal of licenses. Sec. 4.12.210. Supplemental disclosures. Chapter 4.16. Alcoholic Beverages Article I. In General Sec. 4.16.010. Adoption of state law. Sec. 4.16.020. Definitions. Sec, 4.16.030. One -day permits. Article II. Licensing Sec. 4.16.110. Required. Sec. 4.16.120. Application. Sec. 4.16.130. Application fee. Sec. 4.16.140. Investigation and issuance. Sec. 4,16.150. Location restrictions for off -sale liquor licenses; maximum number of off -sale liquor licenses. Sec. 4.16.160. Temporary licenses. Sec. 4.16.170. License limited to space specified; inspection. Sec. 4.16.180. Resident manager or agent. Sec. 4.16.190. Financial responsibility of licensees; proof. Sec. 4.16.200. Renewal. Sec. 4.16.210. Transfer. Sec. 4.16.220. Posting. Sec. 4.16.230. Duplicate licenses. Sec. 4.16.240. Revocation or suspension of licenses. Article III. Operational Restrictions and Requirements Sec. 4.16,310. General responsibility. CD4:2 qq 00 r BUSINESS, LICENSING, LIQUOR REGULATION Sec. 4.16.320. Zoning requirements. Sec. 4.16.330. Hours and days of sale. Sec. 4.16.340. Restrictions on activities when sales not permitted. Sec. 4.16.350, Sale in hotel guest rooms. Sec. 4.16.360. Nudity or obscenity prohibited. Chapter 4.20. Amusements and Entertainments Article I. In General (Reserved) Article II. Bingo and Other Legalized Gambling Sec. 4.20.110. State law adopted by reference. Article III. Mechanical Amusement Devices Sec. 4.20.210. Definitions. Sec. 4.20.220. License required. Sec. 4.20.230. Unlawful use and devices. Article IV. Shows and Similar Performances Division 1. Generally Sec. 4.20.310. Exceptions. Sec. 4.20.320. Maximum size. Sec. 4.20.330. Overnight camping. Sec. 4.20.340. Permitted area. Sec. 4.20.350. Obscenity prohibited. Division 2. License Sec. 4.20.410. Required. Sec. 4.20.420. Requirements. Sec. 4.20.430. Investigation fee. CD4:3 W) 0o T" (0 ao r BUSINESS, LICENSING, LIQUOR REGULATION § 4.04.120 CHAPTER 4.04. BUSINESSES Sec. 4.04.120. Applications. ARTICLE I. IN GENERAL (RESERVED) All applications for a license shall be made as follows: ARTICLE II. BUSINESS LICENSES Sec. 4.04.110. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means any person making an applica- tion for a license under this article. Application means a form with blanks or spaces thereon, to be filled in and completed by the applicant as his request for a license, furnished by the city and uniformly required as a prerequisite to the consideration of the issuance of a license for a business. Bond means a corporate surety document in the form and with the provisions acceptable and specifically approved by the city attorney. Business means any activity, occupation, sale of goods or services, or transaction that is either licensed or regulated, or both licensed and regulated, by the terms and conditions of this article. License means a document issued by the city to an applicant permitting him to carry on and transact a business. License fee means the money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on a business. Licensee means an applicant who, pursuant to his application, holds a valid, current, unexpired and unrevoked license from the city for carrying on a business. Sale, sell and sold mean all forms of barter and all manner or means of furnishing merchandise to persons. (Code 1984, § 5.01; Code 2003, § 26-31) (1) All applications shall be made at the office of the city clerk upon forms that have been furnished by the city for such purposes. (2) All initial applications shall be accompanied by an investigation fee as set by the council by resolution. (3) All such applications must be subscribed, sworn to, and include, but not be limited to, the following: a. The applicant's name, age and citizenship. b. The applicant's present address and length of time he has lived at that address. C. The applicant's occupation and length of time so engaged. d. The applicant's addresses and occupations for the three years last preceding the date of application. e. Names and addresses of the applicant's employers, if any, for the three years last preceding the date of application. f. Whether or not the applicant has ever been convicted of a felony, gross misdemeanor, or misdemeanor, including violation of a municipal ordinance but excluding traffic viola- tions and, if so, the date and place of conviction and the nature of the offense. g. Type of license and location of premises for which application is made. h. At least four character references if the applicant has not resided in the city for two years last preceding the date of application. CD4:5 t- oo § 4.04.120 ORONO CODE Such other information as the council shall deem necessary considering the nature of the business for which license application is made. (4) It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application or any willful omission to state any informa- tion called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license or, if already issued, shall render any license or permit issued void and of no effect to protect the applicant from prosecution for violation of this article. (5) The city clerk shall, upon receipt of each application completed in accordance with this section, forthwith investigate the truth of statements made in the applica- tion and the moral character and busi- ness reputation of each applicant for license to such extent as he deems neces- sary, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant. For such investigation, the city clerk may enlist the aid of the chief of police. The council shall not consider an application before such investigation has been completed. (6) Applications for renewal licenses may be made in such abbreviated form as the council may by resolution adopt. (Code 1984, § 5.02; Code 2003, § 26-32; Ord. No. 25(3rd series), § 1, 5-23-2005) State law reference —False statements, Minn. Stats. § 609.48. Sec. 4.04.130. Action on application, transfer, termination and duplicate license. (a) Granting. The council may grant any application for the period of the remainder of the then current calendar year or for the entire ensuing license year. All applications, including proposed license periods, must be consistent with this article. (b) Issuing. If an application is approved, the city clerk shall forthwith issue a license in the form prescribed by the council upon proof of ownership, payment of the appropriate license fee, and approval of the bond or insurance as to form and surety or carrier, if required. All licenses shall be on a calendar year basis unless otherwise specified in this article as to particular businesses. Unless otherwise specified in this article, license fees shall be prorated on the basis of 1/12 for each calendar month or part of a month remaining in the then current license year. For licenses where the fee is less than $100.00, a minimum license fee equal to half the annual license fee shall be charged. Licenses shall be valid only at one location and on the premises described in the license. (c) Transfer. A license shall be transferable between persons upon consent of the council and payment of the investigation fee. No license shall be transferable to a different location without prior consent of the council and upon payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this subsection. (d) Termination. Licenses shall terminate only by expiration or revocation. (e) Refusal and revocation. The council may, for any reasonable cause, refuse to grant any application or revoke any license. No license shall be granted to a person of questionable moral character or business reputation. Before revocation of any license, the council shall give notice to the licensee and grant such licensee opportunity to be heard. Notice to be given and the exact time of hearing shall be stated in the resolution calling for such hearing. (f) Duplicate license. Duplicates of all original licenses may be issued by the city clerk, without action by the council, upon the licensee's affidavit that the original has been lost, and upon pay- ment of a fee in the amount established by resolution for issuance of the duplicate. All duplicate licenses shall be clearly marked "duplicate." (Code 1984, § 5.03; Code 2003, § 26-33) CD4:6 BUSINESS, LICENSING, LIQUOR REGULATION Sec. 4.04.140. Moral character. (a) In this Code, the phrase "good moral character" shall be construed to mean the propensity of the person to serve the public in the licensed area in a fair, honest and open manner. (b) A judgment of guilt in a criminal prosecu- tion or a judgment in a civil action shall not be used in and of itself as proof of a person's lack of good moral character. It may be used as evidence in the determination, and when so used, the person shall be notified and shall be permitted to rebut the evidence by showing that: (1) At the current time, he has the ability to, and is likely to, serve the public in a fair, honest and open manner; and (2) He is rehabilitated, or that the substance of the former offense is not reasonable related to the occupation or profession for which he seeks a license or permit. (Code 2003, § 26-34) Sec. 4.04.150. License fees. All licenses provided for in this article shall be issued only upon payment in full of license fees fixed and determined by resolution. (Code 1984, § 5.04; Code 2003, § 26-35) Sec. 4.04.160. Carrying or posting. All solicitors shall, at all times when so engaged, carry their license on their person. All other licensees shall post their licenses in their place of business near the licensed activity. However, in the case of machine or other device licensing, the city may provide a sticker for the current license year which shall be affixed to each machine or device requiring such sticker. All licensees shall display their licenses upon demand by any officer or citizen. (Code 1984, § 5.05; Code 2003, § 26-36) Sec. 4.04.170. Penalty for property owner. It is unlawful for any person to knowingly permit any real property owned or controlled by § 4.04.210 him to be used, without a license, for any busi- ness for which a license is required by this article. (Code 1984, § 5.06; Code 2003, § 26-37) Sec. 4.04.180. Responsibility of licensee. The conduct of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under such license, shall be deemed the conduct of the licensee. (Code 1984, § 5.07; Code 2003, § 26-38) Sec. 4.04.190. Conditional licenses. Notwithstanding any provision of law to the contrary, the council may, upon a finding of the necessity for such action, place such conditions and restrictions upon a license as it, in its discretion, may deem reasonable and justified. (Code 1984, § 5.08; Code 2003, § 26-39) Sec. 4.04.200. Renewal of licenses. Applications for renewal of an existing license shall be made at least 60 days prior to the date of expiration of the license and shall contain such information as is required by the city. This time requirement may be waived by the council for good and sufficient cause. (Code 1984, § 5.09; Code 2003, § 26-40) Sec. 4.04.210. License denial and fixing rates; hearing. (a) Right to deny. The council reserves to itself the right to deny any application for a license to operate any business licensed or regulated under this article where such business involves service to the public, rates charged for service, use of public streets or other public property by the applicant or the public, or the public health, safety and convenience. The council may also consider the location of such business in making such determination. However, before making such determination, the council shall hold a public hearing pursuant to such notice to interested parties and the public as it may deem necessary or proper in action calling for such hearing. CD4:7 0 00 T" § 4.04.210 ORONO CODE (b) Rates. Where under specific provisions of this article the council has reserved to itself the right to fix or approve fees, rates or charges of a licensed or regulated business, such rates shall be uniform for each category or class of service; and no licensee or proprietor of a regulated business shall claim or demand payment in excess of such rates. (c) Hearing. Any applicant or licensee under this article who challenges denial of a license or rates fixed or approved by the council shall have a right to a hearing before the council upon written request. Notice of time, place and purpose of such hearing shall be given to such persons and by such means as the council may determine in calling the hearing. (Code 1984, § 5.10; Code 2003, § 26-41) Sec. 4.04.220. Insurance requirements. Whenever insurance is required by a section of this article, after approval by the council, but before the license shall issue, the applicant shall file with the city clerk a policy or certificate of public liability insurance showing that the limits are at least as high as required, that coverage is effective for at least the license term approved, and that such insurance will not be canceled or terminated without 30 days' written notice served upon the city clerk. Cancellation or termination of such coverage shall be grounds for license revocation. (Code 1984, § 5.11; Code 2003, § 26-42) ARTICLE III. HOME OCCUPATIONS Sec. 4.04.310. License. (a) Required. It is unlawful for any person to engage in or carry on a Level 2 home occupation, as that term is defined in chapter 6.12 without first having obtained a license from the city. Level 1 home occupations as defined in chapter 6.12 are not required to be licensed as long as all conditions set forth in chapter 6.12 are fully met. (b) Regulation. Licenses will only be issued if the specific use is permitted or otherwise allowed by chapter 6.12 and if all conditions set forth in chapter 6.12 are fully complied with. (c) License period. All licenses for Level 2 home occupations shall expire on September 30 of each year. Application for renewal of an existing Level 2 home occupation license shall be made to the city clerk at least 60 days prior to the expiration date. (d) Public notification and hearing. The city council shall hold a public hearing for all home occupations required to be licensed. The owners of all parcels within 350 feet of the property, or a larger area at the discretion of the city, shall be notified ten days prior to the public hearing. (Code 1984, § 5.40; Code 2003, § 26-76; Ord. No. 140(2nd series), § 1, 8-28-1995; Ord. No. 221(2nd series), § 1, 9-23-2002) ARTICLE IV. RENTAL LICENSING Sec. 4.04.410. Purpose. The city council finds that to promote the health, safety, and welfare of the residents of the city, assure preservation of the existing housing supply, maintain property values, eliminate substandard and deteriorating rental housing, and maintain a living environment that contributes to healthful individual and family living, it is in the best interest of the residents of the city to require a license for all residential rental property. (Code 2003, § 26-80; Ord. No. 204(3rd series), § 1, 3-27-2018) Sec. 4.04.420. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means a person, as that term is defined in this section, who completes or signs an application for a license to rent real estate individually or on behalf of a business. Dwelling means a single-family residence or habitation providing living facilities for one or more persons. Lease means a written agreement creating a tenancy in real property. CD4:8 BUSINESS, LICENSING, LIQUOR REGULATION § 4.04.430 License holder means the owner of property Tenant means any adult person granted licensed to rent to residents. temporary use of a rental dwelling unit in exchange for rent payable to the owner of the Manager means an individual who is hired or rental unit. is applying to be hired by a licensee and who has or would have the means, within the scope of the Unit means a dwelling. individual's duties, to enter tenants' dwelling (Code 2003, § 26-81; Ord. No. 204(3rd series), units. § 1, 3-27-2018) Occupant means any person living, sleeping, Sec. 4.04.430. License required. cooking, and eating in a rental dwelling unit. No person shall operate a rental dwelling unit Owner means any person who, alone, jointly, anywhere within the city without first having or severally with others, shall be in actual obtained a license and paying a license fee. possession of, or have charge, care or control of, any rental dwelling unit within the city as (1) Application. An application for a license titleholder, employee or agent of titleholder, opera- to rent real property shall be made on a tor, or trustee or guardian of the estate or person form provided by the city. The applica- of the titleholder. Any such person representing tion shall include, but is not limited to, the actual titleholder shall be bound to comply requiring the full name of the applicant, with the provisions of this article to the same property owner, and property manager; extent as the titleholder. the applicant, owner, and property manager business address, email address, Person means one or more natural persons; a and telephone numbers, including a partnership, including a limited partnership; a 24-hour contact phone number; the name corporation, including a foreign, domestic, or of the proposed license holder; and the nonprofit corporation; a trust; a political subdivi- address for which the license is sought. sion of the state; or any other business organza- The completed application along with tion. the application fee shall be submitted to the city administrator or designee for Qualifying relative means a parent, steppar- review. If the city administrator or ent, child, stepchild, grandparent, grandchild, designee determines that an application brother, sister, uncle, aunt, nephew or niece. is incomplete, he or she shall return the This relationship may be either by blood or application to the applicant with notice marriage. of the deficiencies. Should any applica- Rent means leasing, subleasing, letting, or tion information change during the license period, the applicant shall notify the city hiring for occupancy. within seven business days. Failure to do Rental means a residential living unit that is so may be considered a license violation. occupied by people other than the owner and/or (2) Action. The city council or its designee qualifying relatives. may either approve or deny the license, Rental charge means any compensation, either or may delay action for up to 60 days to monetary or "in lieu of payments, such as, but permit the city to Pon of he applicationplete any or the applicant s not limited to, utilities, upkeep, or repair. deemed necessary. If the city council or Rental dwelling unit means a dwelling or its designee approves the license, a license portion thereof for rent. shall be issued to the applicant. If the city council or its designee denies the Residential building means a structure application, a notice of denial shall be designed and used for residential rather than issued to the applicant at the business commercial or industrial purposes. address provided on the application along CD4:9 § 4.04.430 ORONO CODE with the reasons for the denial. The (7) License standards. No license may be notice shall also inform the applicant of issued or renewed unless all of the follow - their right to appeal the decision to the ing conditions are met: city council pursuant to the process set a. The owner shall provide the city forth in section 4.04.210. If a license is and any tenant with a 24-hour mistakenly issued or renewed to an emergency contact that will be avail - applicant or license holder, it shall be able to respond to complaints regard - revoked by the city administrator or ing the condition, operation, or designee upon the discovery that the conduct of occupants of a rental person, applicant, or license holder was unit at the rental property within ineligible for the license under this article. 60 minutes. (3) Term. All licenses are issued for a period b. The rental property must have a of two years. Licenses shall expire visible house number that can be December 31 of the second year. Refunds easily seen by from the street both of license fees will not be given. day and night. (4) Adverse license action. Any license issued C. All advertising for the rental shall under this article may be suspended, include the city issued license revoked or not renewed as provided in number. section 4.04.450. d. The primary overnight and daytime occupant of a rental unit must be an (5) Transfers. All licenses issued under this adult 18 years of age or older. This article shall be valid only on the premises adult must provide a telephone for which the license was issued and only number to the owner and shall be for the person to whom the license was accessible to the owner by telephone issued. No transfer of any license to at all times. another location or person shall be valid without the prior approval of the city e. Minimum of two off-street parking administrator or designee. spaces shall be provided. The maximum number of vehicles (6) Renewals. The renewal of a license under allowed at a rental property shall this article shall be handled in the same be limited to the number of avail - manner as the original application. Sixty able off street parking spaces. days prior to the expiration of a rental f. The owner of a rental property shall dwelling license, the city will notify the provide sufficient trash collection licensee of the upcoming renewal deadline containers and service to meet the within which to file the rental dwelling demands of the occupants. license renewal application. The rental dwelling license renewal application shall (8) Denials. The following shall be grounds be submitted a minimum of 30 days prior for denying the issuance or renewal of a to the then current license expiration. license under this article. The following Renewal applications received after the list is not exhaustive or exclusive: due date but before the license expira- a. The applicant has more than one tion date shall be subject to late fees as license to lease rental property determined by city council resolution. revoked within the preceding 12 The issuance of a license under this months of the date of the applica- article shall be considered a privilege tion. and not an absolute right of the applicant and shall not entitle the holder to an b. The applicant fails to provide any automatic renewal of the license. information required on the city CD4:10 N r BUSINESS, LICENSING, LIQUOR REGULATION license application or license fee, or provides false or misleading informa- tion. C. A development contract or land use requirement that restricts rental units. d. The applicant fails to meet or comply with the license standards enumer- ated in subsection (7) of this sec- tion. The applicant fails to take any action required by section 4.04.480. (9) Consideration of suspension or revoca- tion. At any time during the license period, if a rental property does not meet or exceed the criteria established for the current license, the license may be brought forth to the city council for consideration of license suspension or revocation. (Code 2003, § 26-82; Ord. No. 204(3rd series), § 1, 3-27-2018) Sec. 4.04.440. Exceptions. A property owner that leases the subject property as set forth on the following list is exempt from the rental licensing requirements of this article but not other regulations or codes applicable to structures or properties: (1) Retail/commercial/industrial rental activi- ties. (2) Rental property which is licensed as a nursing home or boarding care home by the state department of health and state - licensed residential facilities. This excep- tion shall not apply if no services are provided to the tenants, or the services are incidental to, or independent of, the landlord/tenant relationship. (3) Residential property that is occupied by the owner or the owner's qualifying rela- tive and two or less tenants where the owner and the tenants share all living space within the dwelling. (4) Residential property that has been sold on contract for deed so long as the vendee occupies the property and the sale docu- § 4.04.450 ment used to memorialize the sale is a state uniform conveyancing blank or is recorded with the county recorder's office and a copy is provided to the city upon request. (5) Residential property that is owned by a person commonly referred to as a "snowbird" when the property is rented or occupied to another person for a period of less than 120 consecutive days while the owner is residing out of the state. The owner must occupy the property during the remainder of the year. (6) Dwellings owned by a member of the United States armed services who is on active duty and the property is rented to another person during the time of active duty. The owner must provide the city with a copy of the owner's current military orders and must occupy the property when not on active duty as the owner's primary residence. (Code 2003, § 26-83; Ord. No. 204(3rd series), § 1, 3-27-2018) Sec. 4.04.450. License suspension, revoca- tion, and nonrenewal. (a) The actions enumerated in subsection (b) of this section by property owners or license holders are misdemeanors and are subject to civil penalties, may constitute the basis for suspen- sion, revocation, or nonrenewal of licenses, and may result in injunctive action by the city. The property owner shall be responsible for the conduct of its agents and employees while engaged in normal business activities on the licensed premises. Any violation of this article shall be considered an act of the property owner or license holder for purposes of imposing a civil penalty or license suspension or revocation. If a license is suspended or revoked, it is unlawful for the owner to permit new occupancy of any vacant rental unit, or any units that become vacant during the license injunction. (b) Basis for sanctions. The city administra- tor or designee may revoke, suspend, or decline to renew any license issued under this article for CD4:11 § 4.04.450 ORONO CODE part or all of a rental residential building or Sec. 4.04.460. Inspections. rental dwelling unit upon the following grounds: (a) The city may conduct an inspection of the (1) Leasing without a license. Leasing rental property as deemed necessary or prudent residential units without a license or prior to issuance or renewal of a license and units subject to license suspension or without limitation based upon any complaints or revocation. violations that occur. (2) Violations of codes. Violation of the build- ing, fire, or safety code. (3) Commission of a felony. Commission of a felony related to the licensed activity by the property owner or manager. (4) Updated application information. Failure to provide updated application informa- tion during the license period. (5) False statements. False statements on any application or other information or report required by this article to be given by the applicant or licensee. (6) Fees. Failure to pay any application fee or penalty required by this article or city council resolution. (7) Delinquent taxes or fines. Real estate or personal property taxes have become delinquent or unpaid fines. (b) Any Code violation noted by the city must be remedied in a timely fashion by the property owner and re -inspected for compliance by the city. The applicant is responsible for re -inspec- tion costs. (Code 2003, § 26-85; Ord. No. 204(3rd series), § 1, 3-27-2018) Sec. 4.04.470. Short-term rentals prohibited. No person may rent or lease a rental dwelling unit for a term less than 30 days except that a rental license may be issued and used for rental terms less than 30 days if all of the following conditions are met: (1) The rental dwelling unit is located in a home that is homesteaded and owner occupied. (2) The rental dwelling unit to be rented is no more than two bedrooms. (8) Failure to meet license standards. Failure (3) All license standards enumerated in sec - to meet the license standards enumer- tion 4.04.430(7) are adhered to. ated in section 4.04.430(7). (Code 2003, § 26-86; Ord. No. 204(3rd series), § 1, 3-27-2018) (9) Disorderly use. Failure to take any action required by section 4.04.480. (c) Upon denial, suspension, revocation or other enforcement action on a license, the city will notify all affected tenants of the action against the license. If the license is revoked or suspended the licensee may not let, rent, or allow to be occupied any vacant dwelling units, or dwelling units that become vacant during the revocation or suspension period. (d) The minimum penalty for three or more violations of this article relate to the same license within a 12-month period is suspension of the rental license for 12 months. (Code 2003, § 26-84; Ord. No. 204(3rd series), § 1, 3-27-2018) Sec. 4.04.480. Disorderly use by tenants. The owner shall ensure that the occupants and guests of a rental unit do not create unreason- able noise or disturbances, engage in disorderly conduct, or violate any provision of this Code or any state law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners are expected to take any measures necessary to abate disturbances, including, but not limited to, direct- ing the occupants and guests of a rental to cease the disturbing conduct, removing the occupant and/or guest or taking any other action neces- sary to immediately abate the disturbance. (Code 2003, § 26-87; Ord. No. 204(3rd series), § 1, 3-27-2018) CD4:12 BUSINESS, LICENSING, LIQUOR REGULATION Sec. 4.04.490. Penalties. A violation of this article is a misdemeanor under state law. In addition, the city may impose a civil penalty in the amount of $1,000.00 for renting, leasing, or occupying a rental residential building or rental dwelling unit or part thereof without a license. Failure to pay civil fines or penalties may result in future license ineligibil- ity. Nothing in this article may be construed to limit the city's other available legal remedies for any violation of law. Each day that the property owner or license holder is in violation of this article constitutes a separate violation. (Code 2003, § 26-88; Ord. No. 204(3rd series), § 1, 3-27-2018) CHAPTER 4.08. TEMPORARY SHORT-TERM MERCHANTS ARTICLE I. IN GENERAL Sec. 4.08.010. Purpose. The city council finds that hawkers, peddlers, solicitors and transient merchants, by virtue of the temporary nature of their business and the lack of permanent location for their operations, present unique consumer protection problems. In order to protect the health, safety, and welfare of the community and pursuant to the authority granted by Minn. Stats. § 329.15, the city herein licenses and regulates all hawkers, peddlers, solicitors, and transient merchants operating within the city. The purpose of this chapter is to prevent fraud and criminal activity, such as burglary, theft, and assault and to protect the privacy of residents in their homes by requiring hawkers, peddlers, solicitors and transient merchants to be licensed and to impose restric- tions on their operations within the city that are narrowly tailored to address the risks these operations pose to the public health, safety and welfare. It is not the purpose of this article to burden interstate commerce or interfere with constitutionally protected rights under the First Amendment of the United States Constitution or Minn. Const. art. I, § 3. (Code 2003, § 30-1; Ord. No. 58(3rd series), § 1, 4-27-2009) Sec. 4.08.020. Definitions. § 4.08.020 Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted 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: Canvasser means a person who attempts to make personal contact with a resident at his/her residence without specific invitation or appoint- ment from the resident, for the primary purpose of: (1) Attempting to enlist support for or against a particular religion, philosophy, ideol- ogy, political party, issue, or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause; or (2) Distributing a handbill or flyer advertis- ing a non-commercial event or service. Goods means any tangible thing of value, but not including money, things in action or intangible personal property other than merchandise certificates or coupons. The term "goods" includes such chattels as are furnished or used at the time of sale or subsequently in the moderniza- tion, rehabilitation, repair, alteration, improve- ment or construction of real property so as to become a part of such property whether or not severable from such property. The term "goods" also includes merchandise certificates or coupons, issued by a retail seller, not redeemable in cash and to be used in their face amount in lieu of cash, in exchange for goods or services sold by such seller. Hawker or peddler means a person who goes from house -to -house, door-to-door, business -to - business, street -to -street, or any other type of place -to -place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise, other personal property that the person is carrying or otherwise transporting. Person means any natural individual, group, organization, corporation, partnership or associa- CD4:13 W) § 4.08.020 ORONO CODE tion. As applied to groups, organizations, corpora- tions, partnerships and associations, the term "person" shall include each member, officer, partner, associate, agent or employee. Regular business day means any day during which the city hall is normally open for the purpose of conducting public business. Holidays defined by state law shall not be counted as regular business days. Services means work, labor or services of any kind. Solicitee means a person who is solicited. Solicitor means a person who goes from house - to -house, door-to-door, business -to -business, street - to -street, or any other type of place -to -place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. The term "solicitor" also includes any person who, without invitation, goes upon private property, to request contribution of funds of anything of value, or sell goods or services for political, charitable, religious, or other non-commercial purposes. Transient merchant means any person engag- ing in transient merchant activities. Transient merchant activities means the act of engaging in any temporary, intermittent, or transient sales or exchanges of any goods, wares or services to other businesses by setting up an outdoor stand or structure, by using any truck, automobile or any other vehicles, or by using an empty store front for such purposes at any point or place in the city. (Code 2003, § 30-2; Ord. No. 58(3rd series), § 1, 4-27-2009) Sec. 4.08.030. Exceptions to definitions. (a) For the purpose of the requirements of this chapter, the terms "peddler," "solicitor," and "transient merchant" shall not apply to any person selling or attempting to sell at wholesale any goods, wares, products, merchandise or other personal property to a retailer of the items being sold by the wholesaler. The terms "peddler," "solicitor," and "transient merchant" also shall not apply to any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perish- able food and dairy products such as baked goods and milk, nor shall they apply to any person making deliveries of perishable food and dairy products to the customers on his or her established regular delivery route. (b) In addition, persons conducting the type of sales commonly known as garage sales, rum- mage sales, or estate sales, as well as those persons participating in an organized multi - person bazaar or flea market, shall be exempt from the definitions of peddlers, solicitors, and transient merchants, as shall be anyone conduct- ing an auction as a properly licensed auctioneer, or any officer of the court conducting a court - ordered sale. (c) This chapter does not apply to children, age 17 years or younger, soliciting for school - sponsored activities or for charitable organiza- tions. (d) Exemption from the definitions for the scope of this chapter shall not excuse any person from complying with any other applicable statu- tory provision or this chapter. (Code 2003, § 30-3; Ord. No. 58(3rd series), § 1, 4-27-2009) Sec. 4.08.040. Prohibited activities. No peddler, solicitor or transient merchant shall conduct business in any of the following manners: (1) Calling attention to his or her business or items to be sold by means of blowing any horn or whistle, ringing any bell, CD4:14 BUSINESS, LICENSING, LIQUOR REGULATION crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure. (2) Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk or other public right-of-way. (3) Conducting business in a way so as to create a threat to the health, safety and welfare of any individual or the general public. (4) Conducting business before 8:00 a.m. or after 8:00 p.m. (5) Failing to provide proof of license and/or identification, when requested; or using the license of another person. (6) No peddler, solicitor, or transient merchant shall claim to have the endorsement of the city solely based on the city having issued a license to that person. (7) Transient merchant activities can only be conducted on commercially zoned properties. (8) Remaining on the property of another when requested to leave, or to otherwise conduct business in a manner a reason- able person would find obscene, threaten- ing, intimidating or abusive. (Code 2003, § 30-4; Ord. No. 58(3rd series), § 1, 4-27-2009) Sec. 4.08.050. Exclusion by placard. No canvasser, peddler, solicitor or transient merchant, unless invited to do so by the property owner or tenant, shall enter the property where the properly is marked with a sign or placard with the words "peddlers or solicitors prohibited" or other comparable statement. No person other than the property owner or tenant shall remove, deface or otherwise tamper with any sign or placard under this section. (Code 2003, § 30-5; Ord. No. 58(3rd series), § 1, 4-27-2009) § 4.08.120 Sec. 4.08.060. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of the chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and up conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 2003, § 30-6; Ord. No. 58(3rd series), § 1, 4-27-2009) ARTICLE II. LICENSE Sec. 4.08.110. Required; exemption. (a) County license required. No person shall conduct business as a peddler, solicitor or transient merchant within the city limits without first having obtained the appropriate license from the county if the county licenses peddlers, solicitors or transient merchants. (b) City license required. Except as otherwise provided for by this chapter, no person shall conduct business as a peddler, solicitor, or a transient merchant without first having obtained a license from the city. Canvassers need not be licensed. (Code 2003, § 30-36; Ord. No. 58(3rd series), § 1, 4-27-2009) Sec. 4.08.120. Application. Application for a city license shall be made at least 14 regular business days before the applicant desires to begin conducting business within the city. Each individual seeking to conduct business as a peddler, solicitor, or transient merchant shall complete an application. Application for a license shall be made on a form provided by the city clerk and shall include the following informa- tion: (1) Applicant's full legal name. (2) All other names under which the applicant conducts business or to which applicant officially answers. (3) Full address of applicant's permanent residence. CD4:15 ti § 4.08.120 ORONO CODE (4) Telephone number of applicant's permanent residence. (5) Full legal name of any and all business operations owned, managed or operated by applicant, or for which the applicant is an employee or agent. (6) Full address of applicant's regular place of business (if any). (16) Whether the applicant or any of its agents, employees, or sub -contractors has applied for a license pursuant to Minn. Stats. ch. 326. (17) An executed data privacy advisory and consent form authorizing the release of criminal history information from each of the applicant's officers, partners, employees, agents, and subcontractors. (7) Any and all business -related telephone (18) Written permission of the property owner numbers of the applicant. or the property owner's agent for any property to be used by a transient (8) The type of business for which the merchant. applicant is applying for a license. (19) A general description of the items to be (9) The dates during which the applicant sold or services to be provided. intends to conduct business (maximum (20) All additional information deemed neces- ten days). sary by the city council. (10) Any and all addresses and telephone (21) One of the following valid forms of legal numbers where the applicant can be identification of the applicant: reached while conducting business within the city, including the location where a a. Driver's license or identification card transient merchant intends to set up issued by the state, another state, business. or a province of Canada, and includ- ing the photograph and date of birth (11) A statement as to whether or not the of the licensed person; applicant has been convicted within the b. A military identification card issued last five years of any felony, gross by the United States Department of misdemeanor, or misdemeanor for viola- Defense; tion of any state or federal statute or any local ordinance, other than traffic offenses, C. Passport issued by the United States; or (12) A list of the three most recent locations d. In the case of a foreign national, by where the applicant has conducted busi- a valid passport. ness as a peddler, solicitor or transient merchant. An expired photo ID will be accepted only with valid temporary permit showing (13) Proof of any required county license. renewal of ID is in process. (14) The current address of the applicant and (22) The license plate number, registration addresses for five years immediately information and vehicle identification preceding the date of application. number for any vehicle to be used in conjunction with the licensed business (15) Whether the applicant has been the subject and a description of the vehicle. of an investigation by any consumer (Code 2003, § 30-37; Ord. No. 58(3rd series), § 1, protection agency, state attorney general, 4-27-2009) better business bureau or similar group, and if so, the type of investigation, the Sec. 4.08.130. Fee. date of the investigation, the agency or office conducting the investigation, and All applications for a license under this chapter the outcome. shall be accompanied by the fee established in CD4:16 BUSINESS, LICENSING, LIQUOR REGULATION the ordinance adopting the fee schedule, which may be amended from time to time, except that any solicitor taking or attempting to take orders to be filled by goods, wares or merchandise delivered to the purchaser from other states shall not be required to pay a license fee. No refunds shall be made on unused portions of licenses, except by resolution of the city council. (Code 2003, § 30-38; Ord. No. 58(3rd series), § 1, 4-27-2009) Sec. 4.08.140. Bond. All applications for a solicitors license under this chapter shall be accompanied by a bond in the penal sum of $1,000.00 executed by a surety company, conditioned upon making a final delivery of the goods ordered or services to be performed in accordance with the terms of such order, or failing therein, that the advance payment on such order be refunded. Any person injured or damaged by the action of any such solicitor shall have a right of action on the bond for the recovery of moneys or damages or both. (Code 2003, § 30-39; Ord. No. 58(3rd series), § 1, 4-27-2009) Sec. 4.08.150. Investigation, approval or disapproval. (a) Upon receipt of the completed application and payment of the license fee, the city clerk, within two regular business days, must determine if the application is complete. An application is determined to be complete only if all required information is provided. If the city clerk determines that the application is incomplete, the city clerk must inform the applicant of the required necessary information that is missing. If the application is complete, the city clerk must refer it to the chief of police, and by her/him or other person acting in his stead, investigate as to its truth, including background checks and criminal history necessary to verify the informa- tion provided with the application, and as to any other factor which may result in a hazard or danger to persons or property. The chief of police or designee shall have ten business days within which to investigate and make a recommenda- tion. § 4.08.170 (b) If the chief of police or designee finds no past history of the applicant indicating viola- tions similar to those declared unlawful in this chapter, and if she/he finds that to grant the application is not likely to result in hazard or danger to persons or property, he shall recom- mend issuing a license; and the city administra- tor or designee shall issue a license, upon payment of the fee, to the approved applicant. (c) If the chief of police or designee finds a past history of the applicant indicating viola- tions similar to those declared unlawful in this chapter, or if he finds that to grant the applica- tion is likely to result in a hazard or danger to persons or property, he shall recommend denial of the license. In all matters of recommended denial, the applicant shall be forthwith so advised; and the application shall be referred to the council and considered by it at its next regular or special meeting occurring more than ten days thereafter. The applicant shall be afforded an opportunity to be heard at such meeting. (Code 2003, § 30-40; Ord. No. 58(3rd series), § 1, 4-27-2009) Sec. 4.08.160. Duration. All licenses issued under this chapter shall be valid for a maximum of ten days per calendar year. The city council at its sole discretion may grant an extension for up to 50 additional days per calendar year upon application for an exten- sion. (Code 2003, § 30-41; Ord. No. 58(3rd series), § 1, 4-27-2009) Sec. 4.08.170. Exemptions. (a) Farm products. No license shall be required for any person to sell or attempt to sell, or to take or attempt to take orders for, any product grown, produced, cultivated, or raised on any farm. (b) Canvassers. No license shall be required of any person going from house -to -house, door-to- door, business -to -business, street -to -street, or any other type of place -to -place when the activity is for the purpose of exercising that person's state or federal Constitutional rights such as the freedom of speech, press, religion and the like, CD4:17 § 4.08.170 ORONO CODE except that this exemption may be lost if the (4) The revocation within the past five years person's exercise of Constitutional rights is merely of any license issued to the applicant for incidental to a commercial activity. the purpose of conducting business as a peddler, solicitor or transient merchant. (c) Exempt organizations. No license shall be required of any person soliciting for a charitable, religious, political or educational organization if such organization is registered with the secretary of state pursuant to the provisions of Minn. Stats. § 309.52 as a charitable organization or is exempted therefore pursuant to the provisions of Minn. Stats. § 309.515. (d) Professional fundraisers. Professional fund- raisers working on behalf of an otherwise exempt group shall not be exempt from the licensing requirements of this chapter. (Code 2003, § 30-42; Ord. No. 58(3rd series), § 1, 4-27-2009) Sec. 4.08.180. Ineligibility. The following shall be grounds for denying a license under this chapter: (1) The failure of the applicant to obtain and show proof of having obtained any required county license. (2) The failure of the applicant to truthfully provide any of the information requested by the city as a part of the application, or the failure to sign the application, or the failure to pay the required fee at the time of the application. (3) The conviction of the applicant within the past five years from the date of the application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects on the person's ability to conduct the business for which the license is being sought in an honest and legal manner. Those violations shall include, but not be limited to, burglary, theft, larceny, drug, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. (5) The applicant is found to have a history of poor business practices. Evidence of a history of poor business practices shall include, but not be limited to, the existence of more than three complaints against the applicant with the better business bureau, the attorney general's office, or other similar business or consumer rights office or agency, within the preceding 12 months, or within the preceding five years. (Code 2003, § 30-43; Ord. No. 58(3rd series), § 1, 4-27-2009) Sec. 4.08.190. Certificate. (a) Upon the granting of a license, the city clerk shall issue to each individual employee, agent, representative, or salesperson a license certificate. Such license certificate shall contain a photograph of such employee, agent, representa- tive, or salesperson, his/her name, age, address, a brief physical description, the name of the supplier for whom he/she is an employee, agent, representative or salesperson, and the trade or brand name of its goods or services being sold or promoted by him/her. On the license certification shall be printed the word "solicitor," "peddler," or "transient merchant," the valid dates of the license, and the license certificate number registered with the city clerk. Every solicitor licensed hereunder shall have his/her license certification upon his/her person at all times while engaged in solicitation and shall exhibit the same in plain view. (b) In the case of a license issued to an organization under this chapter, such license shall authorize any member of such organization or any duly authorized volunteer worker the right to solicit for said organization, provided that each such member or volunteer worker shall be required to have a license certificate in his or her possession, as provided for this in section. -, -: 0 0 N BUSINESS, LICENSING, LIQUOR REGULATION (c) Every person required to obtain a license under the provisions of this chapter shall exhibit the license when requested to do so by any prospective customer or city employee. (Code 2003, § 30-44; Ord. No. 58(3rd series), § 1, 4-27-2009) Sec. 4.08.200. Suspension and revocation. (a) Generally. Any license issued under this section may be suspended or revoked at the discretion of the city council for violation of any of the following: (1) Fraud, misrepresentation or incorrect statements on the application form. (2) Fraud, misrepresentation or false state- ments made during the course of the licensed activity. (3) Conviction of any offense for which grant- ing of a license could have been denied under section 4.08.180. (4) Violation of any provision of this chapter. (b) Notice. Prior to revoking or suspending any license issued under this chapter, except in an emergency situation as prescribed in subsec- tion (e) of this section, the city shall provide the license holder with written notice of the alleged violations and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application, or if no residential address is listed, to the business address provided on the license application. (c) Public hearing. Upon receiving the notice provided in subsection (b) of this section, the licensee shall have the right to request a public hearing. If no request for a hearing is received by the city clerk within the ten regular business days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated timeframe, a hear- ing shall be scheduled within 20 days from the § 4.12.020 date of the request. Within three regular busi- ness days of the hearing, the city council shall notify the licensee of its decision. (d) Emergency. If, in the discretion of the chief of police or other person acting in his/her stead, imminent harm to the health or safety of the public may occur because of the actions of a peddler or transient merchant licensed under this chapter, the chief of police may immediately suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in subsection (c) of this section. (e) Appeals. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court. (Code 2003, § 30-45; Ord. No. 58(3rd series), § 1, 4-27-2009) Sec. 4.08.210. Transferability. No license issued under this chapter shall be transferred to any person other than the person to whom the license was issued. (Code 2003, § 30-46; Ord. No. 58(3rd series), § 1, 4-27-2009) CHAPTER 4.12. MASSAGE THERAPY CENTERS ARTICLE I. IN GENERAL Sec. 4.12.010. Intent and findings. It is found and determined that massage therapy center businesses are legitimate busi- nesses contributing to the morals, health, safety and general welfare of the community; however, such businesses also have the potential to become a nuisance. In order to insure the morals, health, safety, and general welfare of the community, licensure standards are required to control and regulate such businesses. (Code 2003, § 31-1; Ord. No. 71(3rd series), § 1, 6-28-2010) Sec. 4.12.020. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings CD4:19 T 40 N § 4.12.020 ORONO CODE ascribed to them in this section, except where Sec. 4.12.120. License applications. the context clearly indicates a different meaning: All applications shall be made as follows: Massage means the systematic and scientific manipulation of the soft tissues of the human body of another by rubbing, pressing, stroking, kneading, tapping, pounding, vibrating, or stimulating with the hands, arms, or feet, or by mechanical devices and tools which mimic or enhance manual actions, for hire or for consideration, with the intention of positively affecting the health and well-being of the client, including the application of heat, cold, water, mild abrasives, heliotherapy, topical prepara- tions not classified as prescription drugs and instruction in self -care and stress management. The term "massage" does not include such activi- ties performed exclusively on a person's hands and/or feet in conjunction with a manicure or pedicure. The practice is distinct from the practice of medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry. Persons duly licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, nurses or persons performing therapeutic massages who work solely under the direction of such persons, athletic directors and trainers, certified by an accrediting agency and employed by an accredited and licensed educational institu- tion shall be exempt from the provisions of this chapter. (Code 2003, § 31-2; Ord. No. 71(3rd series), § 1, 6-28-2010; Ord. No. 87(3rd series), § 1, 4-11- 2011) ARTICLE II. LICENSES Sec. 4.12.110. General rule; number of licenses. No person shall engage in the business of operating a massage therapy center business either exclusively or in connection with any other business without being licensed as provided in this section. Each individual massage therapy center must have a license notwithstanding the fact a license has been granted to another establishment owned by the same individual or entity. (Code 2003, § 31-11; Ord. No. 71(3rd series), § 1, 6-28-2010) (1) All applications shall be made at the office of the city clerk upon forms that have been furnished by the city for such purposes. (2) All initial applications shall be accompanied by an investigation fee as set by ordinance of the city council. (3) All such applications must be subscribed, sworn to, and include, but are not limited to, the following: a. The applicant's name and age. b. The applicant's present address and length of time he or she has lived at that address. C. The applicant's occupation and length of time so engaged. d. The applicant's addresses and occupations for the three years last preceding the date of application. e. Names and addresses of the applicant's employers, if any, for the three years last preceding the date of application. f. Whether or not the applicant has ever been convicted of a felony, gross misdemeanor, or misdemeanor, including violation of a municipal ordinance but excluding traffic viola- tions and, if so, the date and place of conviction and the nature of the offense. g. Location of premises for which the massage therapy center license is made. h. At least four character references if the applicant has not resided in the city for two years last preceding the date of application. i. The name, date of birth, and address of all employees or independent contractors performing massage at the applicant's massage therapy center. CD4:20 N O N BUSINESS, LICENSING, LIQUOR REGULATION Such other information as the city council shall deem necessary considering the nature of the mas- sage therapy center business. (4) It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application or any willful omission to state any informa- tion called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license or, if already issued, shall render any license issued void and of no effect to protect the applicant from prosecution for violation of this article. (5) The city clerk shall, upon receipt of each application completed in accordance with this division, forthwith investigate the truth of statements made in the applica- tion and the moral character and busi- ness reputation of each applicant for license to such extent as he or she deems necessary, including ordering a computer- ized criminal history inquiry and/or a driver's license history inquiry on the applicant and all employees or independent contractors listed as perform- ing massage in the application. For such investigations, the city clerk may enlist the aid of the chief of police. The city council shall not consider an application before such investigation has been completed. (6) Applications for renewal may be made in such abbreviated form as the city council may adopt under this chapter. (Code 2003, § 31-12; Ord. No. 71(3rd series), § 1, 6-28-2010; Ord. No. 87(3rd series), § 2, 4-11- 2011) Sec. 4.12.130. Granting, refusal, issuing, transferring, and duplicat- ing of licenses. (a) Granting. License applications shall be reviewed by the police department, planning department, county health department and such other departments as the city administrator § 4.12.130 shall direct. The review shall include an inspec- tion of the premises covered by the application to determine whether the premises conform to all requirements of this Code. Recommendations of each department shall be made in writing to the administrator. Thereafter, licenses shall be granted or denied by the city council. (b) Issuing. If an application is approved, the city clerk shall forthwith issue a license in the form prescribed by the city council upon proof of ownership of the business, payment of the appropriate license fee, and approval of insur- ance, if required. All licenses shall be on a calendar year basis. All applications for a license under this chapter shall be accompanied by the fee established in the ordinance adopting the fee schedule. The city council may grant any applica- tion for the period of the remainder of the then current calendar year or for the entire ensuing license year. License fees shall be prorated on the basis of 1/12 for each calendar month or part of a month remaining in the then current license year. The license shall be displayed on the licensed premises so it is visible to anyone who enters the premises. (c) Refusal. The city council may, for any reasonable cause based on the conditions govern- ing the issuance of licenses, refuse to grant any application. No license shall be granted to a person of questionable moral character or busi- ness reputation. (d) Transferring. No license issued under this chapter shall be transferred to any person or entity other than the person or entity to whom the license was issued or to a different location without the consent of the city council and payment of the investigation fee. It is unlawful to make any transfer in violation of this subsec- tion. (e) Duplicates. Duplicates of original licenses issued under this chapter may be issued by the city clerk without action by the city council upon the licensee's affidavit that the original has been lost or destroyed, and upon payment of a fee in the amount established by resolution for issu- ance of the duplicates. All duplicate licenses shall be clearly marked "duplicate." (Code 2003, § 31-13; Ord. No. 71(3rd series), § 1, 6-28-2010) CD4:21 M O N § 4.12.140 ORONO CODE Sec. 4.12.140. Conditions governing issu- ance of licenses. (a) No license shall be issued if the applicant or any of its owners, managers, employees, independent contractors, or agents do not demonstrate good moral character. (b) Licenses shall be issued only if the applicant and all of its owners, managers, employees, independent contractors, and agents are free of convictions of convictions for offenses which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibili- ties of the licensed activity. (c) Licenses shall be issued only to applicants who have not, within one year prior to the date of application been denied licensure, or who have not within such period had a same or similar license revoked. (d) Licenses shall be issued only to applicants who have provided all of the information requested in the application, have paid the full license fee and have cooperated with the city in review of the application. (e) If the applicant is a natural person, a license shall be granted only if such person is 18 years of age or older. (f) Licenses may be granted only for locations in the districts classified as nonresidence districts under the Zoning Code and subject to the provi- sions of the Zoning Code. (g) Licenses shall be granted only to establish- ments which meet the safety, sanitary, and build- ing code requirements of the state and city. (h) A license shall not be granted if granting the license would be inconsistent with the comprehensive plan of the city, or would otherwise have a detrimental effect upon other property or properties in the vicinity. (i) The establishment shall meet the require- ments of section 4.12.160. 0) Notwithstanding any provision of law to the contrary, the city council may, upon a finding of necessity for such action, place additional conditions and restrictions as it, in its discretion, deems reasonable and justified. (Code 2003, § 31-14; Ord. No. 71(3rd series), § 1, 6-28-2010) Sec. 4.12.150. Restrictions and regula- tions. (a) Compliance with law. The licensee and the persons in its employ shall comply with all applicable regulations and laws of the city and state relating to safety and morals. (b) Persons in charge; manager. If the licensee is a partnership or corporation, the applicant shall designate a person to be manager and in responsible charge of the business. This person must be 18 years of age or older. The manager shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the police department in writing of any such change indicating the name and address of the new manager and effective date of such change. (c) Employees and independent contractors. The licensee shall furnish the police department with a list of current employees and independent contractors. The list shall include the employees' and/or independent contractors' names, addresses, and which employees or independent contractors are practicing massage as part of their duties. The licensee shall promptly notify the police department of any change in the list. (d) Hours. The licensed premises shall not be open for business nor shall patrons be permitted on the premises between the hours of 1:00 a.m. and 6:00 a.m. of the same day. (e) Inspection. The licensee shall permit and allow the inspection of the premises during business hours by all appropriate city employees. (f) Identification. Upon demand by any police officer, any person employed in any licensed premises shall identify himself or herself by giving his or her true legal name and his or her correct address. CD4:22 14 0 N BUSINESS, LICENSING, LIQUOR REGULATION (g) Minors. No person under 18 years of age shall be employed as a massage therapist in any establishment requiring a license under the provi- sions of this Code. An individual who is legally old enough to work may work at an establish- ment requiring a license under this Code as long as the individual is not employed as a massage therapist. (Code 2003, § 31-15; Ord. No. 71(3rd series), § 1, 6-28-2010) Sec. 4.12.160. Construction and maintenance requirements. (a) Restrooms. All restrooms shall be provided with mechanical ventilation with two cubic feet per minute (cfm) per square foot of floor area, a hand washing sink equipped with hot and cold running water under pressure, sanitary towels, and a soap dispenser. (b) Lighting. The licensed premises' massage room shall be capable of being illuminated with not less than 30 foot-candles of illuminations. All other rooms, including restrooms, bathrooms, janitor's closet, hallways, reception areas and any room used by customers shall be reasonably illuminated. (c) Refuse. Such establishments shall provide adequate refuse receptacles which shall be emptied as required. (d) Door locks. The doors to the individual massage rooms may be equipped with locking device and shall not be blocked or obstructed from either side. Door locks shall be used only at the request of the patron. In the case of an emergency, the door must be capable of being opened from the outside. The licensed facility may not use sliding bolts, door chains, or other similar devices preventing access from the room's exterior. (Code 2003, § 31-16; Ord. No. 71(3rd series), § 1, 6-28-2010) Sec. 4.12.170. Termination. Licenses shall terminate only by expiration, revocation, voluntary surrender, the business ceasing to operate, or death or dissolution of the license holder. (Code 2003, § 31-17; Ord. No. 71(3rd series), § 1, 6-28-2010) § 4.12.180 Sec. 4.12.180. Revocation and suspension of license. (a) City administrator action. The license may be revoked, suspended, or not renewed by the city administrator upon showing that the licensee, its owner, employee, independent contractor or agent has engaged in any of the following conduct: (1) Fraud, deception or misrepresentation in connection with securing of the license. (2) Fraud, misrepresentation or false state- ments made during the course of the licensed activity. (3) Habitual drunkenness or intemperance in the use of drugs, including, but not limited to, the use of drugs defined in either federal or state laws, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine, or other seda- tives, depressants, stimulants, or tranquil- izers. (4) Conduct inimical to the interests of public health, safety, welfare, or morals. (5) Acts demonstrating or involving moral turpitude. (6) Failure to fully comply with the require- ments of this Code. (7) Conviction of prostitution or other offense involving moral turpitude by any court of competent jurisdiction. (8) Failure to make required supplemental disclosures. (9) Permitting any individual to perform mas- sage on the licensed premises after the city clerk has found, in the course of conducting a background check pursuant to section 4.12.120(5) or 4.12.210(3), that the individual has been convicted of prostitution or another offense involving moral turpitude by any court of competent jurisdiction. (10) Engaging in any conduct which would constitute grounds for refusal to issue a license under this chapter. CD4:23 0 N § 4.12.180 ORONO CODE (b) Notice. Prior to revoking or suspending any license issued under this chapter, except in an emergency situation as prescribed in subsec- tion (d) of this section, the city clerk shall provide the license holder with written notice of the alleged violations and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent business address listed on the license application. (c) Public hearing. Upon receiving notice provided for in subsection (b) of this section, the licensee shall have the right to request a public hearing. If no request for a hearing is received by the city clerk within the ten regular business days following service of the notice, the city may proceed with the suspension or revocation. For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated timeframe, a hearing shall be scheduled within 20 days from the date of the request. Within three regular business days of the hearing, the city council shall notify the licensee of its decision. The city council may choose to: (1) Uphold the revocation, suspension or non - renewal of the license. (2) Lift the city administrator's revocation, suspension or non -renewal and return the license to the licensee. (3) Base its action upon any additional terms, conditions, and stipulations which it may, in its discretion, impose. (d) Emergency. If, in the discretion of the chief of police or other person acting in his or her stead, imminent harm to the public health or safety may occur because of the actions of the operation of a licensed establishment under this chapter, the chief of police may immediately suspend the establishment's license and provide notice of the right to request a subsequent public hearing as prescribed in subsection (c) of this section. (e) Fees. No part of the annual fee shall be returned to the applicant unless by the city council's action in the case of suspension or revocation. (f) Appeals. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court. (Code 2003, § 31-18; Ord. No. 71(3rd series), § 1, 6-28-2010; Ord. No. 87(3rd series), § 3, 4-11- 2011) Sec. 4.12.190. Expiration of licenses. All licenses issued pursuant to the provisions of this division expire at the end of the calendar year. (Code 2003, § 31-19; Ord. No. 71(3rd series), § 1, 6-28-2010) Sec. 4.12.200. Renewal of licenses. Applications for renewal of an existing license shall be made at least 60 days prior to the date of expiration of the license and shall contain such information as is required by the city. This time requirement may be waived by the city council for good and sufficient cause. (Code 2003, § 31-20; Ord. No. 71(3rd series), § 1, 6-28-2010) Sec. 4.12.210. Supplemental disclosures. The licensee has a continuing duty to supple- ment the list of massage therapists working as employees or independent contractors at the massage therapy center. (1) No licensee shall permit any individual not listed on the initial license applica- tion to work as a massage therapist at the massage therapy center without first providing the city clerk with a supplemental disclosure, including the name, date of birth, and address of the individual who will perform massage on the licensed premises. (2) No licensee shall permit any individual not listed on the initial license applica- tion to work as a massage therapist on the licensed premises until the city clerk has completed a computer criminal his- tory inquiry and/or driver's license his- tory inquiry. (3) The city clerk shall, upon receipt of a supplemental disclosure, order a CD4:24 W 0 N BUSINESS, LICENSING, LIQUOR REGULATION computerized criminal history inquiry and/or driver's license history inquiry on all employees or independent contractors listed as massage therapists in the supplemental disclosure. The city clerk shall inform a licensee submitting a supplemental disclosure whether permit- ting the individual to perform massage at the massage therapy center would cause the license to be suspended or revoked. (4) There is no fee to file a supplemental disclosure. (Code 2003, § 31-21; Ord. No. 87(3rd series), § 4, 4-11-2011) CHAPTER 4.16. ALCOHOLIC BEVERAGES ARTICLE I. IN GENERAL See. 4.16.010. Adoption of state law. The provisions of Minn. Stats. ch. 340A, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, restrictions on consumption, provi- sions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and are made a part of this chapter as if set out in full. It is the intention of the city council that all future amendments to Minn. Stats. ch. 340A are hereby adopted by reference or referenced as if they had been in existence at the time this chapter is adopted. (Code 2003, § 34-1; Ord. No. 230(3rd series), § 1, 7-22-2019) See. 4.16.020. Definitions. The definitions in Minn. Stats. ch. 340A, as they may be amended from time to time, are hereby adopted by reference and are made a part of this chapter as if set out in full. In addition, the following words, terms and phrases, when used in this chapter and in section 5.36.1040, § 4.16.020 shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means any person making an applica- tion for a license under this chapter. Display means the keeping, storing, or permit- ting to be kept or stored of an alcoholic beverage which has been poured, dispensed or has had its package seal broken on, in, or at any table, booth, bar or other area of a premises accessible to the general public, except when the alcoholic beverage is stored in a normal storage area during nonsale hours. Gathering means a group of three or more persons who have assembled or gathered together for a social occasion or other activity. Host means to aid, conduct, sponsor, organize, supervise, control, or allow a gathering. License means a document, issued by the city, to an applicant permitting him to carry on and transact the business stated in the license. License fee means the money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on the business stated in the license. Licensee means an applicant who, pursuant to his approved application, holds a valid, current, unexpired license, which has neither been revoked nor suspended, from the city for carrying on the business stated in the license. Nudity means uncovered, or less than opaquely covered, post -pubertal human genitals, pubic areas, the post -pubertal human female breast below a point immediately above the top of the areola, or covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered. Obscene performance means a play, motion picture, dance, show or other presentation, whether pictured, animated or live, performed before an audience and which in whole or in part depicts or reveals nudity, sexual conduct, sexual CD4:25 ti 0 N § 4.16.020 ORONO CODE excitement or sadomasochistic abuse, or which includes obscenities or explicit verbal descrip- tions or narrative accounts of sexual conduct. Obscenities means those slang words cur- rently generally rejected for regular use in mixed society that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning. Parent means a person having the following relationship to a juvenile: (1) A natural parent, adoptive parent, or step-parent; (2) A legal guardian; or (3) A person to whom legal custody has been given by order of a court. Person means an individual, partnership, co- partnership, corporation, or an association of one or more individuals. The term "person" does not include a city, county, or state agency. Premises means any location, including a home, yard, farm, field, land, apartment, condominium, hotel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensa- tion. Restaurant means any establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and which has seating facili- ties for seating not less than 30 guests at one time. Sadomasochistic abuse means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. Sale, sell and sold mean all barters and all manners or means of furnishing an alcoholic beverage to persons, including such furnishing in violation or evasion of law. Sexual conduct means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. Sexual excitement means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. Underage person means an individual under 21 years of age. (Code 2003, § 34-2; Ord. No. 230(3rd series), § 1, 7-22-2019) Sec. 4.16.030. One -day permits. (a) Any nonprofit organization desiring to serve liquids for the purpose of mixing with liquor and permitting the consumption and display of liquor in conjunction with a social activity sponsored by it shall first obtain a permit from the city. It is unlawful for any such organization to fail to obtain such permit. The term of such permit shall be one day only. No more than ten permits shall be issued in any calendar year. (b) The fee for such permit is as established by ordinance. (c) In addition to council approval, such permit must be approved by the state commissioner of public safety. (Code 2003, § 34-3; Ord. No. 230(3rd series), § 1, 7-22-2019) ARTICLE II. LICENSING Sec. 4.16.110. Required. (a) It is unlawful for any person to sell, or keep or offer for sale, any alcoholic beverage at retail without a license from the city. CD4:26 00 0 N BUSINESS, LICENSING, LIQUOR REGULATION (b) The following types of licenses may be issued by the city: (1) (2) (3) (4) (5) (6) (7) (8) On -sale intoxicating liquor license to a hotel, restaurant, bowling center, club or congressionally chartered veterans organizations as allowed by law, or exclusive liquor store for the sale of alcoholic beverages for consumption only on the licensed premises. On -sale 3.2 percent malt liquor license to drugstores, restaurants, hotels, clubs, bowling centers and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks, for the sale of 3.2 percent malt liquor beverages for consumption only on the licensed premises. Off -sale intoxicating liquor license for the sale of alcoholic beverages for consumption only off the licensed premises. Off -sale 3.2 percent malt liquor license for the sale of 3.2 percent malt liquor beverages for consumption only off the licensed premises. Temporary on -sale intoxicating liquor license for the sale of alcoholic beverages for consumption at the location specified in the license. Temporary on -sale 3.2 percent malt liquor license for the sale of 3.2 percent malt liquor beverages for consumption at the location specified in the license. On -sale wine license for the sale of wine of up to 24 percent alcohol by volume for consumption only on the licensed premises. Sunday on -sale intoxicating liquor license for the sale of alcoholic beverages for consumption only on the licensed premises on Sundays. (9) Sunday on -sale 3.2 percent malt liquor license for the sale of 3.2 percent malt liquor beverages for consumption only on the licensed premises on Sundays. (Code 2003, § 34-10; Ord. No. 230(3rd series), § 1, 7-22-2019) Sec. 4.16.120. Application. § 4.16.140 (a) All applications for a license required by this article shall be made at the office of the city clerk upon forms prescribed by the proper depart- ment of the state, together with such additional information as the council may desire and if not so prescribed, then upon forms furnished by the city. Information required may vary with the type of business organization making applica- tion. All questions asked or information required shall be answered fully and completely by the applicant. (b) It is unlawful to make a false statement or an omission upon any application form. Any false statement or any willful omission on such application form shall be grounds for automatic denial or revocation of license. (Code 2003, § 34-11; Ord. No. 230(3rd series), § 1, 7-22-2019) Sec. 4.16.130. Application fee. At the time of the initial application for an on -sale intoxicating liquor license, applicants shall pay to the city the fees as provided for in the current city fee ordinance duly adopted by the council, which fee shall be considered an application fee, not refundable to the applicant. At any time an additional investigation is required because of a change in the ownership or control of a partnership or corporation or because of an enlargement, alteration or extension of premises previously licensed, the licensee shall pay an additional investigation fee. (Code 2003, § 34-12; Ord. No. 230(3rd series), § 1, 7-22-2019) Sec. 4.16.140. Investigation and issuance. (a) Investigation. All applications for a license required by this article shall be referred to the chief of police and to such other city departments as the council shall deem necessary, for verifica- tion and investigation of the facts set forth in the application. The chief of police shall cause to be made such investigation of the information as shall be necessary and shall make a written recommendation and report, which shall include CD4:27 0 0 N § 4.16.140 ORONO CODE a list of all violations of federal or state law or municipal ordinances by the applicant, to the council. (b) Hearing. Upon receipt of the written report and recommendation by the chief of police and within 30 days thereafter, the city clerk shall publish a notice of hearing at least ten days prior to the date set for hearing. The hearing notice shall set forth the day, time and place of hearing; the name of the applicant; the place where the business is to be conducted; and such other information as the council may direct. At such hearing all persons desiring to be heard shall have such opportunity, and the council may thereafter grant or deny the license. If the license is granted, the council may withhold its issuance until the applicant has qualified in all respects for the license. If the premises to be licensed are not complete at the time that the hearing is conducted, the council may grant the license but shall withhold its issuance until the premises have been completed in accordance with the representations made by the applicant. The license fee shall be due as of the date the license is granted. If a license has been granted but its issuance has been withheld pending completion of the premises to be licensed, and if the licensee does not proceed with reasonable dispatch to ready the premises, the council may rescind the action granting the license. Such action shall not be taken, however, without giving the licensee at least ten days' notice of the time and place of a hearing on the proposed rescission. (c) Granting. The council may approve any application for the period of the remainder of the then current license year or for the entire ensu- ing license year. All applications, including proposed license periods, must be consistent with this chapter. Prior to consideration of any application for a license, the applicant shall pay half the license fee, and the investigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation. The city clerk shall, within ten days after the issuance of any license under this section, submit to the proper department of the state the full name and address of each person granted a license, the trade name, the effective license date, and the date of expiration of the license. He shall also submit to the proper department of the state any change of address, transfer, cancellation or revocation of any license by the council during the license period. (d) Issuing. If an application is approved, the city clerk shall forthwith issue a license in the form prescribed by the city or the proper depart- ment of the state, as the case may be, and upon payment of the second half of the license fee. All licenses shall be on a calendar year basis unless otherwise specified in this article. For licenses issued and which are to become effective other than on the first day of the licensed year, the fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only at one location and on the premises described in the license. (Code 2003, § 34-13; Ord. No. 230(3rd series), § 1, 7-22-2019) Sec. 4.16.150. Location restrictions for off - sale liquor licenses; maximum number of off -sale liquor licenses. (a) No establishment for which an off -sale liquor license is issued shall be located within 500 feet of an institution of public education whose primary purpose is education of individu- als in grades kindergarten through 12. No establishment for which an off -sale liquor license is issued shall be located within one-half mile of any previously existing establishment holding such a license. (b) No more than two off -sale liquor licenses shall be in effect in the city at the same time. (Code 2003, § 34-14; Ord. No. 230(3rd series), § 1, 7-22-2019) Sec. 4.16.160. Temporary licenses. An application for a temporary license shall state the exact dates and place of proposed temporary sale. No applicant shall qualify for a temporary license for more than a total of seven days in any calendar year. The council may, but CD4:28 0 N BUSINESS, LICENSING, LIQUOR REGULATION at no time shall it be under any obligation whatsoever to, grant a temporary 3.2 percent malt liquor license on premises owned or controlled by the city. Any such license may be conditioned, qualified or restricted as the council sees fit. If the premises to be licensed are owned or under the control of the city, the applicant shall file with the city, prior to issuance of the license, a certificate of liability insurance cover- age in at least the sum of $300,000.00 for injury to any one person and $500,000.00 for injury to more than one person, naming the city as an insured during the license period. (Code 2003, § 34-15; Ord. No. 230(3rd series), § 1, 7-22-2019) Sec. 4.16.170. License limited to space specified; inspection. Unless expressly stated therein, a license issued under the provisions of this article shall be valid only in the compact and contiguous building or structure situated on the premises described in the license, and all transactions relating to a sale under such license must take place within such building or structure. The premises shall have an exclusive entrance from or exit to the exterior of the building at which the licensed premises are located. Entrances from or exits to a public concourse or public lobby meet this requirement. (Code 2003, § 34-16; Ord. No. 230(3rd series), § 1, 7-22-2019) Sec. 4.16.180. Resident manager or agent. Before an on -sale intoxicating liquor license is issued under this article to an individual who is a nonresident of the city, to more than one individual whether or not they are residents of the city, or to a corporation, partnership or association, the applicant shall appoint in writ- ing a natural person who lives within 25 miles of the licensed establishment in the city as its manager or agent. Such manager or agent shall, by the terms of his written consent, take full responsibility for the conduct of the licensed premises and serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation and other § 4.16.210 attributes, could qualify individually as a licensee. If such manager or agent ceases to live within 25 miles of the city or ceases to act in such capacity for the licensee without appointment of a succes- sor, the license issued pursuant to such appoint- ment shall be subject to revocation or suspension. (Code 2003, § 34-17; Ord. No. 230(3rd series), § 1, 7-22-2019) Sec. 4.16.190. Financial responsibility of licensees; proof. Prior to the issuance of any license under this chapter, the applicant shall demonstrate proof of financial responsibility as defined in Minn. Stats. § 340A.409, as it may be amended from time to time, with regard to liability under Minn. Stats. § 340A.801, as it may be amended from time to time. This proof will be filed with the city and the commissioner of public safety. Any liability insurance policy filed as proof of financial responsibility under this section shall conform to Minn. Stats. § 340A.409, as it may be amended from time to time. Operation of a business which is required to be licensed by this chapter without having on file with the city at all times effective proof of financial responsibility is a cause for revocation of the license. (Code 2003, § 34-18; Ord. No. 230(3rd series), § 1, 7-22-2019) Sec. 4.16.200. Renewal. Application for renewal of all licenses under this article shall be made at least 60 days prior to the date of expiration of the license and shall contain such information as is required by the city. This time requirement may be waived by the council for good and sufficient cause. Applica- tions for renewal are subject to all the require- ments for the original issuance of a license, except the public hearing requirement which is an optional requirement to be established at the discretion of the city council. (Code 2003, § 34-19; Ord. No. 230(3rd series), § 1, 7-22-2019) Sec. 4.16.210. Transfer. A license shall be transferable between persons upon consent of the council and payment of the CD4:29 T N § 4.16.210 ORONO CODE required investigation fee. No license shall be transferable to a different location without prior consent of the council and payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this section. An applica- tion to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this Code applying to applica- tions for a license shall apply. (Code 2003, § 34-20; Ord. No. 230(3rd series), § 1, 7-22-2019) Sec. 4.16.220. Posting. All licensees shall conspicuously post their licenses in their places of business. (Code 2003, § 34-21; Ord. No. 230(3rd series), § 1, 7-22-2019) Sec. 4.16.230. Duplicate licenses. Duplicates of all original licenses issued under this article may be issued by the city clerk without action by the council upon the licensee's affidavit that the original has been lost, and upon payment of a fee in the amount established by resolution for issuance of the duplicate. All duplicate licenses shall be clearly marked "duplicate." (Code 2003, § 34-22; Ord. No. 230(3rd series), § 1, 7-22-2019) Sec. 4.16.240. Revocation or suspension of licenses. (a) On a finding that a licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages, the city may revoke the license, suspend the license, impose a civil penalty of up to $2,000.00 for each violation, or impose any combination of these sanctions. Conviction of a violation in a court of law is not required in order for the council to impose the civil penalty. Except in cases of lapse of proof of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, Minn. Stats. §§ 14.57 to 14.70, as it may be amended from time to time. The council may act as the hearing body under that act, or it may contract with the office of hearing examiners for a hearing officer. Non-payment of the penalty is grounds for suspension or revocation of the license. (b) Multiple violations are computed by check- ing the time period of the three years immediately prior to the date of the most current violation. (c) The presumed penalties for violations are as follows: 1st violation $500.00 2nd violation $1,000.00 and 3-day license suspension 3rd violation $2,000.00 and 2-week suspension 4th violation License revocation (d) Lapse of required proof of financial responsibility shall effect an immediate suspen- sion of any license issued pursuant to this chapter or state law without further action of the council. Notice of cancellation or lapse of a current liquor liability policy shall also constitute notice to the licensee of the impending suspen- sion of the license. The holder of a license who has received notice of lapse of required insurance or of suspension or revocation of a license due to lapse of insurance may request a hearing thereon and, if a request is made in writing to the clerk, a hearing before the council shall be granted within 30 days. Any suspension under this subsec- tion shall continue until the council determines that the financial responsibility requirements of state law and this section have again been met. (e) Nothing in this section shall restrict or limit the authority of the council to take any other action in accordance with law. (Code 2003, § 34-23; Ord. No. 230(3rd series), § 1, 7-22-2019) ARTICLE III. OPERATIONAL RESTRICTIONS AND REQUIREMENTS Sec. 4.16.310. General responsibility. (a) Every licensee is responsible for the conduct in the licensed establishment, and any sale of alcoholic beverage by any employee authorized CD4:30 N r N BUSINESS, LICENSING, LIQUOR REGULATION § 4.16.330 to sell alcoholic beverages in the establishment 30 person and which holds an on -sale is the act of the licensee for the purposes of all intoxicating liquor license may sell provisions of this chapter. intoxicating liquor for consumption on (b) Sales of any alcoholic beverage in or from the premises in conjunction with the sale any premises licensed under this chapter by any of food between the hours of 12:00 noon employee authorized to make such sale in or on Sundays and 1:00 a.m. on Mondays. from such place is the act of the employer as well (2) Notwithstanding anything in this subsec- as of the person actually making the sale, and tion (c) to the contrary, a Sunday on -sale every such employer is liable for all of the license may be issued to hotels, motels penalties provided by law for such sale equally and restaurants which have on -sale liquor with the person actually making the sale. licenses, to serve liquor between the hours (Code 2003, § 34-50; Ord. No. 230(3rd series), of 10:00 a.m. Sunday and 1:00 a.m. § 1, 7-22-2019) Mondays in conjunction with the serving Sec. 4.16.320. Zoning requirements. of food, provided that the licensee establishment is in conformance with the Notwithstanding any section in this chapter Minnesota Clean Indoor Air Act. to the contrary, all premises that are licensed must be located in zoning districts in which they (d) Alcoholic beverages; off -sale. No off -sale of are permitted and must be in compliance with alcoholic beverages may be made: the zoning regulations set forth in chapter 6.12. (Code 2003, § 34-51; Ord. No. 230(3rd series), (1) On Sundays, except between the hours of § 1, 7-22-2019) 11:00 a.m. and 6:00 p.m.; Sec. 4.16.330. Hours and days of sale. (2) Before 8:00 a.m. on Monday through Saturday; (a) 3.2 percent malt liquor. No on -sale of 3.2 percent malt liquor may be made between 1:00 (3) After 8:00 p.m. on Monday through a.m. and 8:00 a.m. on Monday through Saturday, Thursday and after 10:00 p.m. on Friday nor between 1:00 a.m. and 12:00 noon on Sunday. and Saturday, provided that an establish - Additionally, a Sunday on -sale license may be ment may sell intoxicating liquor until issued to holders of an on -sale 3.2 percent malt 10:00 p.m. on December 31 and July 3, liquor license, to serve 3.2 percent malt liquor and on the day preceding Thanksgiving between the hours of 10:00 a.m. Sunday and day, unless otherwise prohibited under 1:00 a.m. Mondays with the incidental sale of subsection (d)(1) of this section; tobacco and soft drinks, provided that the licensee establishment is in conformance with the Min- (4) On Thanksgiving Day; nesota Clean Indoor Air Act. (5) On Christmas Day; (b) Intoxicating liquor; on sale. No sale of intoxicating liquor for consumption on the licensed (6) After 8:00 p.m. on Christmas Eve, premises may be made: December 24. (1) Between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday; (e) Delivery to off -sale licensees. No delivery of an alcoholic beverage to an off -sale licensee may (2) After 1:00 a.m. on Sundays, except as be made by a wholesaler or accepted by an provided by subsection (c) of this section; off -sale licensee on Sunday. No order solicitation (c) Intoxicating liquor; Sunday sales; on -sale. or merchandising may be made by a wholesaler on a Sunday. (1) A restaurant, club, bowling center, or (Code 2003, § 34-52; Ord. No. 230(3rd series), hotel with a seating capacity for at least § 1, 7-22-2019) CD4:31 M N § 4.16.340 ORONO CODE Sec. 4.16.340. Restrictions on activities when sales not permitted. (a) Consumption. It is unlawful for any person to consume on on -sale license premises, or any licensee to permit consumption of, any alcoholic beverage on licensed premises more than 20 minutes after the hour when a sale can legally be made. (b) Removal of containers. It is unlawful for any on -sale licensee to permit any glass, bottle or other container containing any alcoholic bever- age to remain upon any table, bar, stool or other place where customers are served more than 20 minutes after the hour when a sale can legally be made. (c) Closing. It is unlawful for any person, other than an on -sale licensee's bona fide employee actually engaged in the performance of his duties, to be on premises licensed under this chapter more than 30 minutes after the legal time for making licensed sales; however, this subsection shall not apply to licensees, employees of licensees and patrons on licensed premises for the sole purpose of preparing, serving or consuming food or beverages other than alcoholic beverages. (d) Display. No person shall display any alcoholic beverage to the public in any manner in an on- or off -sale licensed operation during the hours in which sale is not permitted. (Code 2003, § 34-53; Ord. No. 230(3rd series), § 1, 7-22-2019; Ord. No. 291(3rd series), § 1, 2-26-2024) Sec. 4.16.350. Sale in hotel guest rooms. No sale of intoxicating liquor shall be made to or in guest rooms of hotels unless the rules of such hotels provide for service of food in guest rooms and unless the sale accompanies and is incidental to the regular service of meals to guests in the hotel. (Code 2003, § 34-54; Ord. No. 230(3rd series), § 1, 7-22-2019) Sec. 4.16.360. Nudity or obscenity prohibited. It is unlawful for any person issued a license provided for in this article to permit upon licensed premises any nudity, obscene performance or continued use of obscenities by any agent, employee, patron or other person. An expression or performance is obscene if it appeals to the prurient interest in sex and depicts or describes in a patently offensive manner sexual conduct and which, taken as a whole, does not have serious literary, artistic, political, or scientific value. (Code 2003, § 34-55; Ord. No. 230(3rd series), § 1, 7-22-2019; Ord. No. 291(3rd series), § 2, 2-26-2024) CHAPTER 4.20. AMUSEMENTS AND ENTERTAINMENTS* ARTICLE I. IN GENERAL (RESERVED) ARTICLE II. BINGO AND OTHER LEGALIZED GAMBLING' Sec. 4.20.110. State law adopted by refer- ence. The provisions of Minn. Stats. ch. 349 are adopted by reference. No person shall violate any provisions of such chapter. (Code 1984, §§ 5.22, 5.23; Code 2003, § 38-31) ARTICLE III. MECHANICAL AMUSEMENT DEVICES Sec. 4.20.210. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Coin amusement means any machine which, upon the insertion of a coin, token or slug, operates or may be operated and is available to *State law reference —Authority relative to amuse- ments, Minn. Stats. § 412,221, subd. 25. 'State law references —Legalized gambling, Minn. Stats. ch. 349; local regulation of legalized gambling, Minn. Stats. § 349.213. CD4:32 r N BUSINESS, LICENSING, LIQUOR REGULATION the public generally for entertainment or amuse- ment, which machine emits music, noise or displays motion pictures. Game of skill means any device excepting pool and billiard tables, bowling alleys and shooting lanes, but including miniatures of such places, played by manipulating special equipment and propelling balls or other projectiles across a board or field into respective positions whereby a score is established, the object of which is to secure a special number or numbers or a high or low total score or any other method used to indicate a winner which is available to be played by the public generally at a price paid either directly or indirectly for such privilege, whether a prize is offered for the game or not. Mechanical amusement device includes both games of skill and coin amusement. (Code 1984, § 5.20(1); Code 2003, § 38-601) Sec. 4.20.220. License required. It is unlawful for any person to keep or maintain a mechanical amusement device for use by the public without first having obtained a license from the city. In addition, an annual license fee for each mechanical amusement device shall be required. (Code 1984, § 5.20(2); Code 2003, § 38-602) Sec. 4.20.230. Unlawful use and devices. It is unlawful for any person to: (1) Sell or maintain a machine or device which is for gambling or contains an automatic payoff device; (2) Permit persons under the age of 18 years to play or operate any game of skill; or (3) Permit the playing of coin amusement machines between the hours of 1:00 a.m. and 6:00 a.m, of any day. (Code 1984, § 5.20(3); Code 2003, § 38-603) § 4.20.330 ARTICLE IV. SHOWS AND SIMILAR PERFORMANCES Division 1. Generally Sec. 4.20.310. Exceptions. The following activities and performances are exempt from compliance with this article: (1) Performances presented in the local schools and colleges, under the sponsor- ship of such schools and colleges, and primarily for their students only. (2) Performances of athletic, musical or theatrical events sponsored by local schools or colleges using student talent only. (3) Any performance or event in, or sponsored by, bona fide local church and nonprofit organizations, provided that such organization shall be incorporated. (4) Any activity or performance more specifi- cally defined and licensed under another section of this chapter. (Code 1984, § 5.25(7); Code 2003, § 38-671) Sec. 4.20.320. Maximum size. It is unlawful for any licensee to admit a larger number of people than the maximum fixed by the council at the time of issuance of the license. (Code 1984, § 5.25(3); Code 2003, § 38-672) Sec. 4.20.330. Overnight camping. It is unlawful for any licensee to permit or for any participant, spectator or customer to camp or sleep overnight at the location of a large assembly. It is also unlawful for any licensee to permit or any participant, spectator or customer to prepare food on such premises unless such person is a concessionaire. This section does not apply to security officers performing their duties as such. (Code 1984, § 5.25(4); Code 2003, § 38-673) CD4:33 W) N § 4.20.340 Sec. 4.20.340. Permitted area. ORONO CODE Large assemblies shall be permitted only after a finding by the council that the character of the proposed assembly is compatible with the character of the surrounding neighborhood, considering the problems of noise, lighting, traf- fic, sanitation, congestion and other factors affect- ing the public health, safety and welfare of the entire area, and compliance with this Code. (Code 1984, § 5.25(6); Code 2003, § 38-674) Sec. 4.20.350. Obscenity prohibited. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Nudity means uncovered, or less than opaquely covered, post -pubertal human genitals, pubic areas, the post -pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered. Obscene performance means a performance which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sadomasochistic abuse, or which includes obsceni- ties or explicit verbal descriptions or narrative accounts of sexual conduct. Obscenities means those slang words cur- rently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning. Performance means any play, motion picture film, dance or other exhibition pictured, animated or live performed before an audience. Sadomasochistic abuse means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. Sexual conduct means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. Sexual excitement means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. (b) Prohibited conduct. It is unlawful for any licensee, for a monetary consideration or other valuable commodity or service, to knowingly or recklessly: (1) Exhibit an obscene performance; (2) Directly or indirectly sell an admission ticket or other means to gain entrance to an obscene performance; or (3) Directly or indirectly permit admission of a person to premises on which there is exhibited an obscene performance. (c) Prosecution. Any prosecution under this section shall include the following elements: (1) That the average person, applying contemporary community standards, would find the performance, taken as a whole, appeals to the prurient interest of the audience; (2) That the performance describes or depicts, in a patently offensive way, sexual conduct included in the definition of the term "obscene performance"; and (3) That the performance, taken as a whole, lacks serious literary, artistic, political or scientific value. (Code 1984, § 5.25(8); Code 2003, § 38-675) State law references —Indecent exposure, Minn. Stats. § 617.23; obscenity, Minn. Stats. § 617.24. CD4:34 W N BUSINESS, LICENSING, LIQUOR REGULATION § 4.20.420 Division 2. License (4) A sanitary method of disposing of solid waste in compliance with state and local Sec. 4.20.410. Required. laws and regulations, sufficient to dispose It is unlawful for any person to present any of the solid waste production of the public show, movie, caravan, carnival, or theatri- maximum number of people to b be cal or other performance or exhibition without assembled at the rate of at least first having obtained a license from the city. It is pounds of solid waste per person per day, also unlawful for any person to promote or together with a plan for holding and sponsor a large assembly for any purpose and to collecting all such waste at least once which the public is invited without first having each day of the assembly's continuance, obtained alicense from the city. For the purpose and sufficient trash containers and person - of this division, the term "large assembly" means nel to perform such tasks, and a plan to a gathering or projected gathering of more than return the area to its original condition. 300 persons at one time and at a single location. (5) Illumination sufficient to light the entire This shall apply in addition to any ordinance area of the assembly if it is to continue requirement. during the hours of darkness. (Code 1984, § 5.25; Code 2003, § 38-801) (6) Security and traffic controls meeting the Sec. 4.20.420. Requirements. requirements of local authorities and the state department of public safety and Unless waived or modified by the council for regularly employed security officers, suf- good cause, all applicants for a license under this ficient to provide adequate security for division shall demonstrate an ability to meet or the maximum number of people to be provide the requirements listed in this section. asas assembled. Such officers shall be licensed Every license shall be conditioned on maintenance the state. of the following: (1) If fully or partially out-of-doors, a fence (7) An administrative control center with shall completely enclose the location of telephones where local authorities can sufficient height and strength to prevent contact the licensee and law enforcement people in excess of the maximum permis- personnel inside the area of the assembly. sible number from gaining access to the (8) A policy or certificate of insurance on grounds, which fence shall have a suf- which the city, its agents and employees, ficient number of gates to allow safe are additional insureds, providing public passage to and from the gathering. liability insurance providing umbrella or (2) Potable water, meeting all federal and all perils coverage in the amount of state requirements for sanitary quality, $1,000,000.00. sufficient to provide drinking water for (9) Physicians and nurses licensed to practice the maximum number of persons to be in the state sufficient to provide the assembled, at the rate of at least one average medical care enjoyed by state gallon per person per day. residents for the maximum number of (3) Enclosed toilets, separate for men and people to be assembled at the rate of at women, meeting all state and local least one physician and nurse for every specifications, conveniently located 5,000 people, together with an enclosed throughout the grounds, sufficient to covered structure where treatment may provide facilities for the maximum number be rendered, containing separately of people to be assembled in accordance enclosed treatment rooms for each physi- with the state board of health regula- cian, and at least two emergency tions and standards, which shall be kept ambulances with attendants for each 5,000 clean, operable, and free of refuse. people. CD4:35 ti r N § 4.20.420 ORONO CODE (10) A parking area inside of the assembly grounds sufficient to provide parking space for the maximum number of people to be assembled at the rate of at least one parking space for every four persons. (11) Telephones connected to outside lines sufficient to provide service to the maximum number of people to be assembled at the rate of at least one separate line and receiver for each 1,000 persons. (12) Fire protection to be provided by the sponsor, including fire alarms, extinguish- ing devices and fire lanes. Such fire protection shall be sufficient to meet all applicable state laws and local regula- tions which are in effect. Sufficient emergency personnel to efficiently oper- ate the required equipment shall be provided by the sponsor. (13) Copies of all proposed advertising. (14) All reasonably necessary precautions to ensure compliance with noise restric- tions as regulated in this Code. (15) Written permission from the owner of the premises. (Code 1984, § 5.25(2); Code 2003, § 38-802; Ord. No. 155(2nd series), § 1, 2-10-1997) Sec. 4.20.430. Investigation fee. In addition to the license fee the council may fix an investigation fee commensurate with the cost of investigation. (Code 1984, § 5.25(5); Code 2003, § 38-803) CD4:36 00 N rn r N 0 N N Title V PUBLIC PROTECTION Chapter 5.04. Emergency Services Article I. In General (Reserved) Article II. Emergency Management Sec. 5.04.110. Definitions. Sec. 5.04.120. Policy and purpose. Sec. 5.04.130. Establishment of an emergency management organization. Sec. 5.04.140. Powers and duties of the director. Sec. 5.04.150. Local emergencies. Sec. 5.04.160. Emergency regulations. Sec. 5.04.170. City not liable for damage from emergency activities; rights not affected. Sec. 5.04.180. Participation in labor dispute or politics. Sec. 5.04.190. Mutual aid. Article III. Alarm Systems Sec. 5.04.210. Definitions. Sec. 5.04.220. Purpose and scope. Sec. 5.04.230. User fee. Sec. 5.04.240. Payment of fees. Sec. 5.04.250. Alarm report. Sec. 5.04.260. Confidentiality. Chapter 5.08. Fire Prevention and Protection Article I. In General (Reserved) Article Il. Fire Prevention and Fire Safety Standards Division 1. Generally Sec. 5.08.110. Definitions. Sec. 5.08.120. Enforcement. Sec. 5.08.130. Permits and fees. Sec. 5.08.140. Required water supply; new construction. Division 2. Uniform Fire Code Sec. 5.08.210. Adopted. Sec. 5.08.220. Amendments. Sec. 5.08.230. New materials. Division 3. Fire Lanes Sec. 5.08.310. Established. Sec. 5.08.320. Standards. Sec. 5.08.330. Fire lane signs and marking. Sec. 5.08.340. Maintenance. Sec. 5.08.350. Obstructing. CD5:1 N N ORONO CODE Chapter 5.12. Health and Sanitation Article I. In General (Reserved) Article II. Tobacco Division 1. Generally Sec. 5.12.110. Definitions. Sec. 5.12.120. Violations. Sec. 5.12.130. Penalties. Sec. 5.12.140. Purpose. Sec. 5.12.150. Exceptions and defenses. Sec. 5.12.160. Billboards. Sec. 5.12.170. Prohibited sales. Sec. 5.12.180. Vending machines. Sec. 5,12.190. Self-service sales. Sec. 5.12.200. Minors. Sec. 5.12.210. Smoking prohibited. Division 2. Dealer's License Sec. 5.12.310. Required. Sec. 5.12.320. Application. Sec. 5.12.330, Action. Sec. 5.12.340. Basis for denial of license. Sec. 5.12.350. Movable place of business. Sec. 5.12.360. Fees. Sec. 5.12.370. Term. Sec. 5.12,380. Renewals. Sec. 5.12.390. Transfers. Sec. 5.12.400. Responsibility. Sec. 5.12.410. Compliance checks and inspections, Sec. 5.12.420. Display. Sec. 5.12.430. Revocation or suspension. Sec. 5.12.440. Sampling prohibited. Chapter 5.16. Orono Tobacco -Free Parks and Workplaces Act Sec. 5.16.010. Intent and findings. Sec. 5,16.020. Definitions. Sec. 5.16.030. General prohibitions. Sec. 5.16.040. Posting of signs and removal of smoking paraphernalia. Sec. 5.16.050. Enforcement. Chapter 5.20. Solid Waste Article I. In General (Reserved) Article II. Storage and Disposal Sec. 5.20.110. Definitions. Sec. 5.20,120. Storage. Sec. 5.20.130. Deposit. Sec. 5.20.140. Fire danger. CD5:2 N N N PUBLIC PROTECTION Article III. Private Collectors Sec. 5.20.210. Definitions. Sec. 5.20.220. Exception. Division 1. Generally Division 2. License Sec. 5.20.310. Required. Sec. 5.20.320. Vehicles; insurance; limitation on number; rates. Sec. 5.20.330. Haulers; license period. Chapter 5.24. Environment Article I. In General Sec. 5.24.010. Maintenance of private property. Sec. 5.24.020. Maintenance of drainage systems; interference with drainage; permit for drainage systems. Sec. 5.24.030. Junk cars, furniture, household furnishings and appliances stored on public or private property. Sec. 5.24.040. Abandoning a motor vehicle. Article II. On -Site Sewage Disposal Division 1. Generally Sec. 5.24.110. Purpose. Sec. 5.24.120. Objectives. Sec. 5.24.130. Definitions. Sec. 5.24.140. Incorporation by reference. Sec. 5.24.150. Administration by the health authority. Sec. 5.24.160. No guarantee. Division 2. Permitting Sec. 5.24.210. Required permits. Sec. 5.24.220. Permits not required. Sec. 5.24.230. Permit application. Sec. 5.24.240. Operating permit. Sec. 5.24.250. Compliance monitoring. Sec. 5.24.260. License requirements. Sec. 5.24.270. Application review and determination. Sec. 5.24.280. Variances. Sec. 5.24.290. Periodically saturated soil disagreements. Division 3. Construction Inspections Sec. 5.24.310. Requirements. Sec. 5.24.320. Inspector. Sec. 5.24.340. Request for inspection. Sec. 5.24.350. Access to premises and records. Sec. 5.24.360. Stop work orders Sec. 5.24.370. As-builts. Sec. 5.24.380. Inspection reports. Division 4. Existing Systems Sec. 5.24.410. Requirements. Sec. 5.24.420. Inspector. Sec. 5.24.430. Vertical separation. CD5:3 M N N ORONO CODE Sec. 5.24.440, Inspection reports. Division 5. Violations Sec. 5.24.510. Cause to issue a notice of violation. Sec. 5.24.520. Serving a notice of violation. Sec. 5.24.530. Contents of a notice of violation. Sec. 5.24.540. Notification of MPCA. Division 6. Additional Standards for Health. and Environmental Protection Sec. 5.24.610. Property transaction standards for individual sewage treatment systems. Sec. 5.24.620. Siting of an SSTS. Sec. 5.24.630. Maintenance report. Sec. 5.24.640. Special provisions for Lake Minnetonka Islands. Division 7. Enforcement Sec. 5.24.710. Violation, false statement. Sec. 5.24.720. Other remedies. Division 8. Fees Sec. 5.24.810. Collection for activities undertaken by health authority. Division 9. Severability Sec. 5.24.910. Invalidity; continued enforcement. Article III. Noise Sec. 5,24.1010. Definitions. Sec. 5.24.1020. Enforcement and penalties. Sec. 5.24.1030. Powers and duties of noise control officer. Sec. 5.24.1040. General noise standards. Sec. 5.24.1050. Prohibited noises. Sec. 5.24.1060. Hourly restriction for certain operations. Sec. 5.24.1070. Exception for emergencies. Article IV. Open Burning Division 1. Generally Sec. 5.24.1110. Definitions. Sec. 5.24.1120. Purpose. Sec. 5.24,1130. Burning ban or air quality alert. Sec. 5.24.1140. Reference. Sec. 5.24.1150. Liability. Sec. 5.24.1160. Prohibited materials. Sec. 5.24.1170. Hours for burning permitted. Division 2. Permit Sec. 5.24,1210. Required. Sec. 5.24.1220. Application; fees. Sec. 5.24.1230. Permit process for open burning. Sec. 5.24.1240. Denial. Sec. 5.24.1250. Grounds for issuance. Sec. 5.24.1260. Time period for permits. Sec. 5.24.1270. Permit holder responsibility. Sec. 5.24.1280, Revocation. CD5:4 I* N N PUBLIC PROTECTION Chapter 5.28. Animals Article I. In General Sec. 5.28.010. Definitions. Sec. 5.28.020. Interference with officers prohibited. Sec. 5.28.030. Keeping. Sec. 5.28.040. Animals in transit. Sec. 5.28.050. Animal housing; rodent and pest infestation. Sec. 5.28.060. Trespasses. Sec. 5.28.070. Regulation of horses. Sec. 5.28.080. Feeding of waterfowl. Sec. 5.28.090. Animal limits. Sec. 5.28.100. Noise. Article II. Administration and Enforcement Division 1. Generally Sec. 5.28.210. Immobilization of animals. Division 2. Impoundment Sec. 5.28.310. Animal pound. Sec. 5.28.320. Biting animals. Sec. 5.28.330. Notice of impounding. Sec. 5.28.340. Release from animal pound. Article III. Dogs and Cats Division 1. Generally Sec. 5.28.410. Definitions. Sec. 5.28.420. Owning dangerous dogs. Sec. 5.28.430. Warning of vicious dogs. Sec. 5.28.440. Running at large prohibited. Sec. 5.28.450. Defecating on property of another prohibited. Division 2. Kennels Subdivision I. In General Sec. 5.28.610. Definitions. Subdivision II. License Sec. 5.28.710. Required. Sec. 5.28.720. Standards. Sec. 5.28.730. Residential kennel license standards and requirements. Sec. 5.28.740. Commercial kennel license standards and requirements. Sec. 5.28.750. License period. Article IV. Dangerous Animals Division 1. Generally (Reserved) Division 2. Permit Sec. 5.28.810. Required. Sec. 5.28.820. Exception. Sec. 5.28.830. Grounds for granting of permit. CD5:5 N N ORONO CODE Sec. 5.28.840. Investigation required. Sec. 5,28.850. Permit fee. Chapter 5.32. Traffic and Vehicles Article I. In General Sec. 5.32.010. Scope. Sec. 5,32.020. Application. Sec. 5.32.030. Certain statutes adopted by reference. Sec. 5.32.040. Motorized vehicles prohibited on sidewalks and trails. Sec. 5.32.050. Driving through private property to avoid traffic signal. Sec. 5.32,060. Truck routes. Sec. 5.32.070. Exhibition driving. Article II. Administration and Enforcement Sec. 5.32.110. Traffic and parking signs and signals. Sec. 5,32.120. Left turns prohibited. Sec. 5.32.130. Loading zones. Sec. 5.32.140. Impounding and removing vehicles. Article III. Stopping, Standing and Parking Sec. 5.32.210. Presumption. Sec. 5.32.220. Private use of public streets and parking lots. Sec. 5.32.230. General parking prohibitions. Sec. 5.32.240. Manner of parking on one-way roadway. Sec. 5.32.250. Parking hours. Sec. 5,32.260. Parking after snowfall prohibited. Sec. 5.32.270. Emergency parking. Sec. 5.32.280. Truck parking. Sec. 5.32.290. Parking rules in city parking lots and ramps. Sec. 5.32.300. Physically handicapped parking. Sec. 5.32.310. Vehicle repair on street. Sec. 5.32,320. Parking for the purpose of advertising or selling merchandise. Sec. 5.32.330. Unattended vehicle. Sec. 5.32.340, Parking on private property without consent. Article IV. Bicycles Sec. 5.32.410. Traffic laws apply. Sec. 5.32.420. Manner of riding. Sec. 5.32.430. Where to ride. Sec. 5.32.440. Riding in business districts. Article V. Recreational Motor Vehicles Sec. 5.32.510. Definitions. Sec. 5.32.520. Owner responsibility. Sec. 5.32.530. Recreational motor vehicle operating restrictions. Sec. 5.32.540. Additional snowmobile operating regulations. Sec. 5.32.550. Snowmobile equipment. Article VI. Special Events Sec. 5.32.610. Definitions, Sec. 5,32.620. Impeding prohibited. Sec. 5.32.630. Driving vehicles between parade units. CD5:6 to N N PUBLIC PROTECTION Sec. 5.32.640. Unauthorized entering. Sec. 5.32.650, Removal of obstructions of traffic. Sec. 5.32.660. Required. Sec. 5.32.670. Exceptions. Sec. 5.32.680. Application. Sec. 5.32.690. Application review and issuance. Sec. 5.32.700. Denial of permit. Sec. 5.32.710. Payment of expenses. Sec. 5.32.720. Fees. Sec. 5.32.730. Prohibitions. Sec. 5.32.740. Revocation of permit. Sec. 5.32.750. Penalties. Article VII. Administrative Offenses and Penalties Division 1. Generally Sec. 5.32.810. Administrative offenses. Sec. 5.32.820. Violation/penalty. Sec, 5.32.830. Enforcement. Sec. 5.32.840. Payment. Sec. 5.32.850. Failure to pay. Sec. 5.32.860. Disposition of penalties. Sec. 5.32.870. Effective date. Division 2. Specific Offenses Sec. 5.32.910. State provisions adopted. Sec. 5.32.920. Unreasonable acceleration. Sec. 5.32.930. Unsafe operation. Chapter 5.36. Offenses and Miscellaneous Provisions Article I. In General Sec. 5.36.010. Violation of state statutes prohibited. Sec. 5.36.020. Swimming restricted. Sec. 5.36.030. Depositing refuse restricted. Sec. 5.36.040. Public nuisance. Sec. 5.36.050. Abatement procedure. Article II. Offenses Involving Property Rights Sec. 5.36.110. Vacating premises. Sec. 5.36.120. Entering motor vehicles. Sec. 5.36.130. Defacement of property. Article III. Offenses Involving Public Safety Division 1. Generally Sec. 5.36.210. Animal trapping. Sec. 5.36.220. Exposure of dangerous container. Division 2. Weapons and Explosives Subdivision I. In General Sec. 5.36.310. Exceptions. Sec. 5.36.320. Discharge of firearms and explosives. CD5:7 ti N N ORONO CODE Sec. 5.36.330. Confiscation. Sec. 5.36.340. Possession and sale of fireworks. Sec. 5.36.350. Reckless use. Sec. 5.36.360. Pointing firearms. Sec. 5,36.370. Metal knuckles, switchblade knife. Sec. 5.36.380. Unlawfully using article as weapon. Sec. 5.36.390. Handling, use of weapons by children. Sec. 5.36.400. BB gun. Subdivision II. Permits Sec. 5.36.510. Occasional up to 15 days. Sec. 5.36.520. Occasional up to 120 days. Sec. 5.36.530. Baker Park. Sec. 5.36.540. Occasional, Sec. 5.36.550. Starting guns. Sec. 5.36.560. Annual permits. Sec. 5.36.570. Permit procedure. Sec. 5.36.580. Fees, revocation. Sec. 5.36.590. Approval. Sec. 5.36.600. Notice to police prior to shooting. Sec. 5.36.610. Notice to owners of surrounding property. Sec. 5.36.620. Information to owners of abutting property prior to initial use. Article IV. Offenses Involving Public Peace and Order Sec. 5.36.710. Disturbing lawful assembly, meeting prohibited. Sec. 5.36.720. Brawling, fighting prohibited. Sec. 5.36.730. Offensive language, conduct. Sec. 5.36.740. Use of lights. Article V Offenses Involving Public Morals Division 1. Generally Sec. 5.36.810. Indecent exposure. Sec. 5.36.820. Urinating, defecating. Division 2. Controlled Substances Sec. 5.36.910. Definitions. Sec. 5.36.920. Schedules adopted by reference. Sec. 5.36.930. Confiscation and disposition. Sec. 5.36.940. Excepted lawful businesses and professions. Sec. 5.36.950. Manufacture, use limited. Sec. 5.36.960. Unlawful procuring, purchase, delivery or possession. Sec. 5.36.970. Use of original containers and labels required. Sec. 5.36.980. Possession of injection implement. Division 3. Alcohol Sec. 5.36.1010. Consumption and possession of beer, wine or liquor on streets and public property. Sec. 5.36.1020. Consumption and possession of beer, wine or liquor on private parking lots. Sec. 5.36.1030. Inducing another to make illegal purchase or sale. Sec. 5.36.1040. Social host. Article VI. Juvenile Curfew Sec. 5.36.1110. Definitions. CD5:8 00 N N PUBLIC PROTECTION Sec. 5.36.1120. Findings and purpose. Sec. 5.36.1130. Penalty. Sec. 5.36.1140. Prohibited acts. Sec. 5.36.1150. Defenses. Sec. 5.36.1160. Review. Article VII. Sexual Predator Residency Restrictions Sec. 5.36.1210. Findings and intent. Sec. 5.36.1220. Definitions. Sec. 5.36.1230. Residency prohibition; penalties; exception. CD5:9 m N N 0 M N PUBLIC PROTECTION CHAPTER 5.04. EMERGENCY SERVICES ARTICLE I. IN GENERAL (RESERVED) ARTICLE II. EMERGENCY MANAGEMENT Sec. 5.04.110. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Disaster means a situation which creates an immediate and serious impairment to the health and safety of any person, or a situation which has resulted in or is likely to result in major loss to property, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss. Emergency means an unforeseen combination of circumstances which calls for immediate action to respond, or prevent from developing or occur- ring. Emergency management means the prepara- tion for and the carrying out of all emergency functions, to prevent, minimize and repair injury and damage resulting from disasters caused by fire, flood, tornado and other acts of nature, or from sabotage, hostile action, or from industrial hazardous material mishaps or other major incidents. These functions include, without limita- tion, firefighting services, police services, emergency medical services, engineering, warn- ing services, communications, radiological and chemical, evacuation, congregate care, emergency transportation, existing or properly assigned functions of plant protection, temporary restora- tion of public utility services and other functions related to civil protection, together with all other activities necessary or incidental for carrying out such functions. Emergency management includes those activities sometimes referred to as civil defense or emergency preparedness functions. Emergency management forces means the total personnel resources engaged in city -level emergency management functions in accordance with the provisions of this article or any rule or § 5.04.120 order under this article. This includes personnel from city departments, authorized volunteers, and private organizations and agencies. Emergency management mutual aid means any disaster or major incident which requires the dispatching of city personnel, equipment or other necessary resources within or without the city limits. Emergency management organization means the staff element responsible for coordinating city -level planning and preparation for disaster response. This organization provides city liaison and coordination with federal, state and local jurisdictions relative to disaster preparedness activities, major incidents, mutual aid, and other projects consistent with this article and ensures implementation of federal, state, county and other program requirements. Lake Minnetonka Regional Emergency Manage- ment, Preparedness Planning and Review Com- mittee means a committee made up of the Lake Minnetonka area emergency management direc- tors which develops, renews and establishes a basic emergency plan, and identifies and coordinates training for member communities and reviews local plans, exercises, major incidents and disaster responses which are consistent with this article. Major incident means any incident which exhausts local resources. (Code 1984, § 9.36(2); Code 2003, § 42-31; Ord. No. 185(2nd series), § 1, 2-22-1999) Sec. 5.04.120. Policy and purpose. Because of the existing possibility of the occur- rence of disasters of unprecedented size and destruction resulting from fire, flood, tornado, blizzard, destructive winds or other natural causes, or from sabotage, hostile action, or from hazardous material mishaps of catastrophic measure or other major incidents, and in order to ensure that preparations of the city will be adequate to deal with such disasters and, gener- ally, to provide for the common defense and to protect the public peace, health and safety, and CD5:11 T M N § 5.04.120 ORONO CODE to preserve the lives and property of the people of Sec. 5.04.140. Powers and duties of the this city, it is hereby found and declared to be director. necessary: (1) To establish a city emergency manage- ment organization responsible for city planning and preparation for emergency government operations in time of disasters. (2) To provide for the exercise of necessary powers during emergencies and disasters. (3) To provide for the rendering of mutual aid between the city and other political subdivisions with respect to the carrying out of emergency preparedness func- tions. (4) To comply with the provisions of Minn. Stats. ch. 12, known as the Minnesota Emergency Management Act of 1996. (5) To participate as a member of the Lake Minnetonka Regional Emergency Manage- ment, Preparedness Planning and Review Committee, review and accept its emergency plan as the city's basic plan for responses to emergencies, disasters, major incidents, mutual aid and other projects consistent with this article and Minn. Stats. ch. 12. (Code 1984, § 9.36(1); Code 2003, § 42-32; Ord. No. 185(2nd series), § 1, 2-22-1999) Sec. 5.04.130. Establishment of an emergency management organization. There is hereby created with the city govern- ment an emergency management organization, which shall be under the supervision and control of the emergency management director, hereinafter called the "director." The director shall be appointed by the mayor. The director shall have direct responsibility for the organiza- tion, administration and operation of the emergency preparedness organization. (Code 1984, § 9.36(3); Code 2003, § 42-33; Ord. No. 185(2nd series), § 1, 2-22-1999) (a) The director may develop additional mutual aid agreements with other political subdivisions of the state for reciprocal emergency manage- ment aid and assistance in an emergency too great to be dealt with unassisted, and shall present such agreements to the city for its action. Such arrangements shall be consistent with the emergency plan. The director shall also be the city's representative on the Lake Minne- tonka Regional Emergency Management, Preparedness Planning and Review Committee. (b) The director shall make assessments of personnel, businesses and industries, resources and facilities of the city as deemed necessary to determine their adequacy for emergency manage- ment and to plan for their most efficient use in time of an emergency, major incident or disaster. (c) The director shall prepare a comprehensive emergency plan for the emergency preparedness of the city and shall present such plan to the city for its approval. When the council has approved the plan by resolution, it shall be the duty of all city agencies and all emergency preparedness forces of the city to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The director shall coordinate the basic emergency management activities of the city to the end that they shall be consistent and fully integrated with the basic emergency plan of the Lake Minnetonka Regional Emergency Manage- ment, Preparedness Planning and Review Com- mittee, and federal and state governments. (d) In accordance with the emergency plan, the director shall institute such training programs, public information programs and conduct practice warning alerts and emergency exercises as may be necessary to assure prompt and effective operation of the emergency plan when a disaster, major incident or mutual aid occurs. (e) The director, during an emergency, major incident or mutual aid, shall utilize the person- nel, services, equipment, supplies and facilities of existing departments and agencies of the city to the maximum extent practicable. The officers CD5:12 N M N PUBLIC PROTECTION and personnel of all such departments and agen- cies shall be, to the maximum extent practicable, cooperative with and extend such services and facilities to the emergency management organiza- tion. The head of each department or agency in cooperation with the director shall be responsible for the planning and programming of such emergency activities as will involve the utiliza- tion of the facilities of the department or agency. (f) The director shall, in cooperation with the existing departments and agencies affected, assist in the organizing, recruiting and training of such emergency management personnel that may be required on a volunteer basis to carry out the emergency plans. To the extent that such emergency personnel are recruited to augment a regular department or agency for emergencies, they shall be assigned to such departments or agencies and shall be under the administration and control of such department or agency. (g) The director shall carry out all orders, rules and regulations issued by the city with reference to emergency management. (h) The director shall prepare and submit such reports on emergency preparedness activi- ties as may be requested by the city. (Code 1984, § 9.37; Code 2003, § 42-34; Ord. No. 185(2nd series), § 1, 2-22-1999) Sec. 5.04.150. Local emergencies. (a) A local emergency, including a disaster, major incident or mutual aid response, may be declared by the mayor, or his legal successors. It shall not be continued for a period in excess of three days except by or with the consent of the city council. Any order, or proclamation declar- ing, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly by the city clerk. (b) A declaration of a local emergency shall invoke necessary portions of the response and recovery aspects of applicable plans, including fiscal expenditures which are consistent with this article. § 5.04.160 (c) No other jurisdictional agency or official in the city may declare a local emergency unless expressly authorized by the agreement under which the agency functions. (Code 2003, § 42-35; Ord. No. 185(2nd series), § 1, 2-22-1999) Sec. 5.04.160. Emergency regulations. (a) Whenever necessary to meet a declared emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the governor or the city council, the council may by resolution promulgate regula- tions, consistent with the applicable federal or state law or regulation, respecting the conduct of persons and the use of property during emergen- cies; the repair, maintenance, and safeguarding of essential public services, emergency health, fire, and safety regulation, drills, or practice periods required for preliminary training; and all other matters which are required to protect public safety, health, and welfare in declared emergencies. (b) Every resolution of emergency regulations shall be in writing, shall be dated, shall refer to the particular emergency to which it pertains, if so limited, and shall be filed in the office of the city administrator, which copy shall be kept posted and available for public inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the administrator's office shall be conspicuously posted at the front of the city hall or other headquarters of the city or at such other places in the affected area as the council shall designate in the resolution. By like resolution, the council may modify or rescind any such regulation. (c) The city council may rescind any such regulation by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of 30 days after its effective date or at the end of the emergency to which it relates, whichever comes first. Any resolution, rule or regulation inconsistent with an emergency regulation promulgated by the council shall be suspended during the period of time and to the extent such conflict exists. CD5:13 M M N § 5.04,160 ORONO CODE (d) During a declared emergency, the director is, notwithstanding any statutory or charter provision to the contrary, empowered through the council acting within or without the corporate limits of the city, to enter into contracts and incur obligations necessary to combat such disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of such disaster. The director may exercise such powers in the light of the exigencies of the disaster without compliance with the time-consuming procedures and formali- ties prescribed by law pertaining to the performance of public work, entering rental equip- ment agreements, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds, including, but not limited to, publication of resolu- tions, publication of call for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirements for budgets. (Code 1984, § 9.39; Code 2003, § 42-36; Ord. No. 185(2nd series), § 1, 2-22-1999) Sec. 5.04.170. City not liable for damage from emergency activities; rights not affected. All functions under this article and all other activities relating to emergency management are hereby declared to be governmental func- tions. The city and (except for willful misconduct) its officers, agents or employees, when engaged in emergency services activities shall not be liable for damage to persons or property. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this article or under the worker's compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. (Code 1984, § 9.36(7); Code 2003, § 42-37; Ord. No. 185(2nd series), § 1, 2-22-1999) Sec. 5.04.180. Participation in labor dispute or politics. The emergency management organization shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a labor dispute. The director may express profes- sional opinions on legislative or other legal regula- tions consistent with the areas found in Minn. Stats. ch. 12. (Code 1984, § 9.36(8); Code 2003, § 42-38; Ord. No. 185(2nd series), § 1, 2-22-1999) Sec. 5.04.190. Mutual aid. (a) The city finds it desirable and necessary to authorize the director to dispatch city equip- ment and personnel to local communities who request aid to combat their emergency, disaster, or major incident consistent with this article and section 5.04.140(e). (b) The director shall evaluate the internal needs of the city and dispatch appropriate avail- able aid. The director shall immediately recall, order and terminate the use of any dispatched equipment and personnel when the need for their use no longer exists, or earlier, when it appears in the best interest of the city. Aid requested from outside the Lake Minnetonka regional area, or extended local aid within the Lake Minnetonka regional area, shall require mutual agreement between the director and the city administrator or designee. (c) The director shall be fully authorized as an agent of the city and, at all provisions for compensation of personnel, rental of equipment, liability insurance coverage, workers' compensa- tion insurance, and all other safeguards and matters pertaining to the city, its equipment and personnel, shall apply in each case as if specifi- cally authorized and directed at such time, whether or not the governing body or authority of the place in which the disaster, major incident, mutual aid, or other occurrence exists, has previ- ously requested and provided for assistance and the use of equipment and personnel under a mutual protection agreement or other type protec- tion agreement with the city. (Code 1984, § 9.37(2); Code 2003, § 42-39; Ord. No. 185(2nd series), § 1, 2-22-1999) ARTICLE III. ALARM SYSTEMS Sec. 5.04.210. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings CD5:14 M N PUBLIC PROTECTION ascribed to them in this section, except where the context clearly indicates a different meaning: Alarm system means any alarm installation designed to be used for the prevention or detec- tion of burglary, robbery or fire on the premises which contain an alarm installation. Automobile alarm devices shall not be considered an alarm system under this section. Alarm user means the person in control of any building, structure or facility wherein an alarm system is maintained. False alarm means an alarm signal eliciting a response by public safety personnel when a situation requiring a response does not, in fact, exist, and which false alarm is caused by the activation of the alarm system through mechani- cal failure, alarm malfunction, improper instal- lation or the inadvertence of the alarm system's owner or lessees or of his employees or agents. The term "false alarm" does not include an alarm caused by climatic conditions, such as tornadoes, thunderstorms, utility line mishaps, violent condi- tions of nature or any other conditions which are clearly beyond the control of the alarm manufacturer, installer or owner. Public safety personnel means city employees or employees duly authorized to maintain and enforce public safety. (Code 1984, § 9.35(2); Code 2003, § 42-166) Sec. 5.04.220. Purpose and scope. (a) This article provides for regulation in the use of fire, burglary and safety alarms; establishes user fees, and establishes a system of administra- tion. (b) The purpose of this article is to protect the public safety services of the city from misuse of public safety alarms and to provide for the maximum possible service to public safety alarm users. (Code 1984, § 9.35(1); Code 2003, § 42-167) Sec. 5.04.230. User fee. (a) Once a public safety alarm system reports more than one false alarm to the city in a single calendar year and the alarm user has received § 5.04.260 timely notice of the violation, the alarm user shall be charged a user fee as fixed and determined by resolution. (b) Any alarm user required by the city to pay a user fee as the result of a false alarm may make a written appeal of the false alarm charge to the chief of police within ten days of notice from the city of the false alarm charge. (Code 1984, § 9.35(3); Code 2003, § 42-168; Ord. No. 165(2nd series), 12-8-1997; Ord. No. 178(3rd series), § 3, 10-10-2016) Sec. 5.04.240. Payment of fees. (a) Payment of user fees must be paid to the city treasurer within 30 days from the date of notice by the city to the alarm user. Failure to pay the fee within 30 days' notice will cause the alarm user to be considered delinquent and subject to a penalty of a full ten percent of the fee. (b) All delinquent charges for user fees shall be certified by the clerk to the county auditor, who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the respective properties served, which assessment roll shall be delivered to the council for adoption on or before the deadline established by statute. (Code 1984, § 9.35(4); Code 2003, § 42-169; Ord. No. 165(2nd series), 12-8-1997) Sec. 5.04.250. Alarm report. When an alarm user has incurred five false alarms or more within one calendar year, the alarm user shall submit within ten days after being charged with the fifth false alarm written verification to the chief of police that appropriate actions are being taken to discover and eliminate the cause of the false alarms. It is unlawful for any person to fail to submit such written verifica- tion required by this section. (Code 1984, § 9.35(5); Code 2003, § 42-170) Sec. 5.04.260. Confidentiality. (a) All information submitted in compliance with this article shall be held in confidence and shall be deemed a confidential record exempt from discovery to the extent permitted by law. CD5:15 M N § 5.04.260 ORONO CODE (b) Subject to requirements of confidentiality, the chief of police may develop and maintain statistics for the purpose of ongoing alarm systems evaluation. (Code 1984, § 9.35(6); Code 2003, § 42-171) CHAPTER 5.08. FIRE PREVENTION AND PROTECTION* ARTICLE I. IN GENERAL (RESERVED) ARTICLE II. FIRE PREVENTION AND FIRE SAFETY STANDARDSt Division 1. Generally Sec. 5.08.110. Definitions. The following words, terms and phrases, when used in this article, the fire code or the fire marshal division alterations and amendments, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building official means the person appointed by the council to administer and enforce the state building code. Corporation counsel means the attorney for the city. Fire chief means the chief of the city fire department or his authorized representative. Fire marshal means the person appointed by the council to administer and enforce the state fire code and who operates under the direction of the fire chief. Jurisdiction and municipality mean the city as a whole, and also that part of the city corresponding to each separate fire service district. (Code 1984, § 9.34(3); Code 2003, § 46-31; Ord. No. 287(3rd series), § 1, 12-11-2023) *State law reference —General authority relative to fire prevention, Minn. Stats. § 412.221, subd. 17. 'State law reference —Fire safety generally, Minn. Stats. ch. 299F. Sec. 5.08.120. Enforcement. Authority for enforcement of this article is granted to and may be exercised by the state fire marshal or the fire chief or the chiefs representa- tives. The fire chief may detail such members of the fire department as may be necessary to administer and enforce the provisions of this chapter. (Code 1984, § 9.34(4); Code 2003, § 46-32; Ord. No. 287(3rd series), § 2, 12-11-2023) Sec. 5.08.130. Permits and fees. (a) Wherever the fire code or this article requires a permit, applications for such permit shall be made to the building official with all information required, and payment of a permit application fee as fixed and determined by resolu- tion. Application fees shall be nonrefundable. (b) The building official shall refer all fire code permit applications to the fire chief, who shall perform required pre -permit inspections. The fire chief shall, upon request by the building official, supply a written report to the building official prior to permit issuance. (c) All fire code permits shall be issued by the building official upon the advice of the fire chief and subject to such conditions of approval as may be required by the fire chief, except that fireworks permits shall be issued by the fire chief. (d) No fire code permit shall be issued if the permit would authorize an activity or use of property or structures contrary to any provision of the fire code, the state building code or chapter 6.12. (Code 1984, § 9.34(5); Code 2003, § 46-33; Ord. No. 287(3rd series), § 3, 12-11-2023) Sec. 5.08.140. Required water supply; new construction. The fire chief may order the installation or relocation of fire hydrants in areas not served by the municipal water system and, for uses other CD5:16 W M N PUBLIC PROTECTION § 5.08.220 than single-family residential, a self-contained 2. No such tank shall be located on -site source of water as a condition of issuance within 50 feet of any side or of a building permit. rear property line unless it has (Code 1984, § 9.34(12); Code 2003, § 46-34; Ord. a minimum one -hour fire No. 287(3rd series), § 4, 12-11-2023) rating. A tank with a minimum one -hour fire rating may be Division 2. Uniform Fire Code* located within 30 feet of any side or rear property line. Sec. 5.08.210. Adopted. 3. No such tank shall be located The Minnesota State Fire Code (MSFC) is within 75 feet of any lake, adopted as though set forth verbatim in this wetland, stream or drainage - section. One copy of the code shall be marked way. "City of Orono —Official Copy" and kept on file in the office of the city clerk and open to inspection C. Underground tank locations. The and use by the public. storage of flammable or combustible (Code 1984, § 9.34(1); Code 2003, § 46-56; Ord. liquids in underground tanks shall No. 287(3rd series), § 5, 12-11-2023) be permitted in any district in accordance with applicable MSFC Sec. 5.08.220. Amendments. requirements and with the follow - As authorized by the Minnesota State Fire ing: Code (MSFC), the following amendments to the 1. No such tank shall be located Minnesota State Fire Code are adopted for the under any required front yard city: space as defined in chapter (1) Restrictions on flammable or combustible 6.12. liquid storage. 2. No such tank shall be located a. Prohibited districts established. The within ten feet of any side or council declares all land located rear property line. within the following specified zoning 3. No such tank shall be located districts to be the districts within within 75 feet of any lake, which the storage of flammable or wetland, stream or drainage - combustible liquids in above -ground way tanks is prohibited: R-1A, R-113, RR-113-1, RS, LR-1C, LR-IC-1, B-1, (2) Restrictions on liquefied petroleum gas B-3, B-4, B-5, M-6 and PRD. storage. The council declares all land b. Above -ground tank locations. In those within the city, except for land zoned I districts not included in subsection Industrial, to be the district within which (1)a of this section, the storage of no liquefied petroleum gas storage instal - flammable or combustible liquids in lation shall exceed 2,000-gallon water above -ground tanks is permitted, capacity for any one property; and the provided such tanks are located in council further declares that no liquefied conformance with applicable MSFC petroleum gas storage installation over requirements, and with the follow- 500-gallon water capacity shall be located ing: in any required front, side, rear or lake- 1. No such tank shall be located shore yard as defined in chapter 6.12, in any required front yard space but shall conform to all setback require - as defined in chapter 6.12. ments for principal buildings. *State law reference —State Uniform Fire Code, Minn. (3) Restrictions on explosive and blasting Stats. § 299F.011. agent storage. The council declares all CD5:17 ti M N § 5.08.220 ORONO CODE land within the city to be the district in which storage of explosives and blasting agents is prohibited. (Code 1984, § 9.34(2); Code 2003, § 46-57; Ord. No. 121(2nd series), § 3, 9-27-1993; Ord. No. 186(2nd series), § 1, 4-26-1999; Ord. No. 76(3rd series), § 1, 7-12-2010; Ord. No. 287(3rd series), § 6, 12-11-2023) Sec. 5.08.230. New materials. The city administrator, building official and the fire chief shall together act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those enumerated in the fire code. As they occur, such determina- tions shall be listed; and such list shall be posted in the offices of the building official and the fire chief, and distributed to all interested parties. (Code 1984, § 9.34(6); Code 2003, § 46-58; Ord. No. 287(3rd series), § 7, 12-11-2023) Division 3. Fire Lanes Sec. 5.08.310. Established. (a) The council provides for the establishment of fire lanes for purposes of ensuring immediate unobstructed access for emergency vehicles and equipment. (b) Whether marked or unmarked, fire lanes are established at all public or private fire hydrants, which fire lanes shall extend ten feet on either side of the hydrant and 20 feet in front of the curb or pavement edge nearest the front of the hydrant. (c) Whether marked or unmarked, fire lanes are established at all building exits required by the fire code or the state building code, which fire lanes shall extend ten feet in all direction from the exits. Where larger fire lanes are required, they shall be established and marked as provided in subsection (d) of this section. (d) The fire chief is empowered to order the establishment, designation and maintenance of fire lanes on public or private property wherever and to whatever extent as he may determine is reasonably necessary to ensure open and unobstructed emergency access. Fire lane orders shall be in writing and shall be served in person or by registered letter upon the property owner of record or, in the case of commercial properties, may be served upon the tenant occupying the property. (Code 1984, § 9.34(7); Code 2003, § 46-81; Ord. No. 287(3rd series), § 8, 12-11-2023) Sec. 5.08.320. Standards. The actual size, location and extent of required fire lanes shall be determined by the fire chief in consideration of the particular access need and configuration on individual properties. As a minimum, all marked and designated fire lanes shall be at least 20 feet in unobstructed width, shall have at least 13 feet six inches of vertical clearance, shall where necessary provide for a turning radius of at least 50 feet, and shall be constructed of all-weather surfacing capable of carrying a vehicle axle loading of five tons (10,000 pounds). (Code 1984, § 9.34(8); Code 2003, § 46-82; Ord. No. 287(3rd series), § 9, 12-11-2023) Sec. 5.08.330. Fire lane signs and marking. (a) When a fire lane has been ordered to be established pursuant to this division, one or more permanent upright metal signs bearing the words "No Parking —Fire Lane" or similar words, if approved by the fire chief, shall be placed designating the restricted area. The number, size and location of required signs shall be determined by the fire chief. (b) When the fire lane is located on public property or within a public right-of-way, the required signs shall be erected by the city or by the public agency having jurisdiction over the property. (c) When the fire lane is located on private property, the required signs shall be erected by the property owner at his own expense within 30 days of the date of the order establishing the fire lane. (Code 1984, § 9.34(9); Code 2003, § 46-83; Ord. No. 287(3rd series), § 10, 12-11-2023) CD5:18 co M N PUBLIC PROTECTION Sec. 5.08.340. Maintenance. All established fire lanes shall be permanently and continuously maintained by the property owner to be free from obstructions, including motor vehicles, trailers, equipment, storage, rub- bish, vegetation or accumulations of dirt or snow. All required fire lane signs shall be permanently and continuously maintained by the property owner to be securely fastened, not visually obstructed in any way, and free from paint or vandalism. Missing or vandalized signs shall be promptly replaced. (Code 1984, § 9.34(10); Code 2003, § 46-84) Sec. 5.08.350. Obstructing. Whether located on public property or on private property, it is unlawful for any person to obstruct any established fire lane at any time. (Code 1984, § 9.34(11); Code 2003, § 46-85) CHAPTER 5.12. HEALTH AND SANITATION* ARTICLE I. IN GENERAL (RESERVED) ARTICLE II. TOBACCOt Division 1. Generally Sec. 5.12.110. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. Compliance checks means the system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco -related devices are following and comply - *State law references —General health powers of city, Minn. Stats. § 412.221, subd. 22; health generally, Minn. Stats. chs. 144-158. iState law reference —Local regulation of tobacco sales, Minn. Stats. §§ 461.12, 461.19. § 5.12.110 ing with the requirements of this article. Compli- ance checks shall involve the use of minors as authorized by this article. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco - related devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products and tobacco -related devices. E-cigarette means any electronic smoking device that can be used to deliver nicotine or any other substances to the person inhaling fiom the device, including, but not limited to, electronic cigarettes, electronic cigars, electronic pipes or any other similar device. Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products include, but are not limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container shall not be considered individually packaged. Loosies is the common term used to refer to a single or individually packaged cigarette. Minor means any natural person who has not yet reached the age of 18 years. Movable place of business means any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address storefront or other permanent type of structure authorized for sales transactions. Retail establishment means any place of busi- ness where tobacco, tobacco products, or tobacco - related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores and restaurants. Sale means any transfer of goods for money, trade, barter or other consideration. CD5:19 0 M N § 5.12.110 ORONO CODE Self-service merchandising means open displays of tobacco, tobacco products, or tobacco -related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco -related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product or tobacco -related device between the customer and the licensee or employee. The term "self-service merchandising" does not include vending machines. Tobacco and tobacco products mean any substance or item containing tobacco leaf, includ- ing, but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready -rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking. Tobacco -related devices means any tobacco product as well as a pipe, rolling papers or other device, including an e-cigarette, intentionally designed or intended to be used in a manner which enables the chewing, sniffing, inhalation or smoking of tobacco or tobacco products. Vending machine means any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco -related devices upon the insertion of money, tokens or other form of payment directly into the machine by any person. (Code 2003, § 50-31; Ord. No. 164(2nd series), § 200(11), 12-8-1997; Ord. No. 126(3rd series), § 1, 11-10-2014) Sec. 5.12.120. Violations. (a) Notice. Upon discovery of a suspected viola- tion of this article, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his right to be heard on the accusation. (b) Hearings. If a person accused of violating this article so requests within ten days of receipt of a citation, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. Failure to file an appeal within ten days of the citation shall constitute a waiver of the person's right to a hearing. (c) Hearing officer. The city council shall serve as the hearing officer. (d) Decision. If the hearing officer determines that a violation of this article did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under section 5.12.130, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. (e) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the city in which the alleged violation occurred. (f) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this article. If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. (g) Continued violation. Each violation of this article, and every day in which a violation occurs or continues, shall constitute a separate offense. (Code 2003, § 50-32; Ord. No. 164(2nd series), § 1300, 12-8-1997; Ord. No. 178(3rd series), § 4, 10-10-2016) State law references —Administrative penalties, Minn. Slats. § 461.12, subds. 2, 3; appeals, Minn. Stats. § 461.12, subd. 7. Sec. 5.12.130. Penalties. (a) Licensees. Any licensee found to have violated this article, or whose employee shall have violated this article, shall be charged an administrative fine pursuant to a penalty schedule determined by the city and published in the fee CD5:20 0 IV N PUBLIC PROTECTION schedule adopted by the city council at a regularly scheduled council meeting. In addition, after the second offense, the license shall be suspended for not less than three days. After the third offense, the license shall be suspended for not less than seven days. (b) Other individuals. Individuals, other than minors, found to be in violation of this article shall be charged an administrative fine pursuant to a penalty schedule determined by the city and published in the fee schedule adopted by the city council at a regularly scheduled council meeting. (c) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this article. (Code 2003, § 50-33; Ord. No. 164(2nd series), § 1400, 12-8-1997) Sec. 5.12.140. Purpose. Because the city recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess and use tobacco, tobacco products and tobacco -related devices, and such sales, pos- session and use are violations of both state and federal laws; and because studies, which the city accepts, adopts and are on file at city hall, have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking; and because smok- ing has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government, this article shall be intended to regulate the sale, possession and use of tobacco, tobacco products and tobacco -related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products and tobacco -related devices, and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in Minn. Stats. § 144.391. (Code 2003, § 50-34; Ord. No. 164(2nd series), § 100, 12-8-1997) § 5.12.170 Sec. 5.12.150. Exceptions and defenses. Nothing in this article shall prevent the provid- ing of tobacco, tobacco products or tobacco - related devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this article for a person to have reasonably relied on proof of age as described by state law. (Code 2003, § 50-35; Ord. No. 164(2nd series), § 1500, 12-8-1997) State law reference —Proof of age as defense, Minn. Stats. §§ 340A.503, subd. 6, 461.12, subd. 6. Sec. 5.12.160. Billboards. Billboards advertising any tobacco, tobacco product or tobacco -related device shall be governed by chapter 6.12, article X, division 4. (Code 2003, § 50-36; Ord. No. 164(2nd series), § 1100, 12-8-1997) Sec. 5.12.170. Prohibited sales. It shall be a violation of this article for any person to sell or offer to sell any tobacco, tobacco product or tobacco -related device: (1) To any person under the age of 18 years. (2) By means of any type of vending machine, except as may otherwise be provided in this article. (3) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, tobacco product or tobacco - related device and whereby there is not a physical exchange of the tobacco, tobacco product or tobacco -related device between the licensee or the licensee's employee, and the customer. (4) By means of loosies. (5) Containing opium, morphine, jimson weed, belladonna, strychnos, cocaine, marijuana or other deleterious, hallucinogenic, toxic or controlled substances, except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. CD5:21 IV N § 5.12.170 ORONO CODE (6) By any other means, to any other person, or in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. (Code 2003, § 50-37; Ord. No. 164(2nd series), § 600, 12-8-1997) State law reference —Sale of tobacco to children, Minn. Stats. § 609.685. Sec. 5.12.180. Vending machines. It shall be unlawful for any person licensed under this article to allow the sale of tobacco, tobacco products or tobacco -related devices by the means of a vending machine. Any retailer selling tobacco, tobacco products or tobacco - related devices on December 8, 1997, shall comply with this section within 45 days of such date. This section does not apply to facilities that cannot be entered at any time by persons younger than 18 years of age. (Code 2003, § 50-38; Ord. No. 164(2nd series), § 700, 12-8-1997) Sec. 5.12.190. Self-service sales. It shall be unlawful for a licensee under this article to allow the sale of tobacco, tobacco products or tobacco -related devices by any means whereby the customer may have access to such items, including, but not limited to, individually packaged or multipack units of tobacco or tobacco products, without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product or the tobacco -related device between the licensee or his clerk and the customer. All tobacco, tobacco products and tobacco -related devices shall either be stored behind a counter or other area not freely acces- sible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products or tobacco -related devices on December 8, 1997, shall comply with this section within 45 days of such date. This section does not apply to retail stores which derive at least 90 percent of their revenue from tobacco and tobacco -related products and which cannot be entered at any time by persons younger than 18 years of age. (Code 2003, § 50-39; Ord. No. 164(2nd series), § 800, 12-8-1997) State law reference —Self-service sales, Minn. Stats. § 461.18. Sec. 5.12.200. Minors. Unless otherwise provided, the following acts shall be a violation of this article: (1) Illegal sales. It shall be a violation of this article for any person to sell or otherwise provide any tobacco, tobacco product or tobacco -related device to any minor. (2) Illegal possession. It shall be a violation of this article for any minor to have in his possession any tobacco, tobacco product or tobacco -related device. This subsec- tion shall not apply to minors lawfully involved in a compliance check. (3) Illegal use. It shall be a violation of this article for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product or tobacco -related device. (4) Illegal procurement. It shall be a viola- tion of this article for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco -related device; and it shall be a violation of this article for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product or tobacco -related device. This subsection shall not apply to minors lawfully involved in a compliance check. (5) Use of false identification. It shall be a violation of this article for any minor to attempt to disguise his true age by the use of a false form of identification, whether the identification is that of another person or one on which the age CD5:22 N It N PUBLIC PROTECTION of the person has been modified or tampered with to represent an age older than the actual age of the person. (Code 2003, § 50-40; Ord. No. 164(2nd series), § 1200, 12-8-1997) State law reference —Sale of tobacco to children, Minn. Stats. § 609.685. Sec. 5.12.210. Smoking prohibited. It shall be unlawful for any person to light, burn, smoke, inhale, or exhale tobacco or a tobacco product from a tobacco -related device in any location where smoking is prohibited by the Minnesota Clean Indoor Air Act, or for any person to allow the same. (Code 2003, § 50-41; Ord. No. 126(3rd series), § 2, 11-10-2014) Division 2. Dealer's License Sec. 5.12.310. Required. No person shall sell or offer to sell any tobacco, tobacco products or tobacco -related device, includ- ing e-cigarettes, without first having obtained a license to do so from the city. (Code 2003, § 50-61; Ord. No. 164(2nd series), § 300, 12-8-1997; Ord. No. 126(3rd series), § 3, 11-10-2014) State law reference —Authority to require license, Minn. Stats. § 461.12, subd. 1. Sec. 5.12.320. Application. An application for a license to sell tobacco, tobacco products or tobacco -related devices, includ- ing e-cigarettes, shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the city administrator shall forward the application to the council for action at its next regularly scheduled council meeting. If the city administrator shall determine that an applica- § 5.12.340 tion is incomplete, he shall return the applica- tion to the applicant with notice of the information necessary to make the application complete. (Code 2003, § 50-62; Ord. No. 164(2nd series), § 300(1), 12-8-1997; Ord. No. 126(3rd series), § 3, 11-10-2014) Sec. 5.12.330. Action. The council may either approve or deny the license, or it may delay action for such reason- able period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the council shall approve the license, the city administrator shall issue the license to the applicant. If the council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the council's decision. (Code 2003, § 50-63; Ord. No. 164(2nd series), § 300(2), 12-8-1997) Sec. 5.12.340. Basis for denial of license. The following shall be grounds for denying the issuance or renewal of a license under this division; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section. (1) The applicant is under the age of 18 years. (2) The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provi- sion, or other regulation relating to tobacco, tobacco products or tobacco - related devices. (3) The applicant has had a license to sell tobacco, tobacco products or tobacco - related devices revoked or suspended on two or more occasions within the preced- ing 12 months of the date of application. (4) The applicant fails to provide any informa- tion required on the application, or provides false or misleading information. CD5:23 M IV N § 5.12.340 ORONO CODE (5) The applicant is prohibited by federal, state or other local law, ordinance, or other regulation from holding such a license. (Code 2003, § 50-64; Ord. No. 164(2nd series), § 500, 12-8-1997) Sec. 5.12.350. Movable place of business. No license shall be issued to a movable place of business. Only fixed location businesses shall be eligible to be licensed under this article. (Code 2003, § 50-65; Ord. No. 164(2nd series), § 300(6), 12-8-1997) Sec. 5.12.360. Fees. No license shall be issued under this article until the appropriate license fee shall be paid in full. The fee for a license under this article shall be determined by the city and published in a fee schedule adopted by the city council at a regularly scheduled council meeting. (Code 2003, § 50-66; Ord. No. 164(2nd series), § 400, 12-8-1997) Sec. 5.12.370. Term. All licenses issued under this article shall be valid for one calendar year from the date of issue. (Code 2003, § 50-67; Ord. No. 164(2nd series), § 300(3), 12-8-1997) Sec. 5.12.380. Renewals. The renewal of a license issued under this division shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. The issuance of a license issued under this division shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. (Code 2003, § 50-68; Ord. No. 164(2nd series), § 300(8), 12-8-1997) Sec. 5.12.390. Transfers. All licenses issued under this division shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the council. (Code 2003, § 50-69; Ord. No. 164(2nd series), § 300(5), 12-8-1997) Sec. 5.12.400. Responsibility. All licensees under this article shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco -related devices on the licensed premises; and the sale of such an item by an employee shall be considered a sale by the license holder. Noth- ing in this section shall be construed as prohibit- ing the city from also subjecting the clerk to whatever penalties are appropriate under this article, state or federal law, or other applicable law or regulation. (Code 2003, § 50-70; Ord. No. 164(2nd series), § 900, 12-8-1997) Sec. 5.12.410. Compliance checks and inspections. All licensed premises shall be open to inspec- tion by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years, to enter licensed premises to attempt to purchase tobacco, tobacco products or tobacco -related devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products or tobacco - related devices when such items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age; and all minors lawfully engaged in a compliance check shall answer all questions about the minor's CD5:24 It IV N PUBLIC PROTECTION age asked by the licensee or his employee and shall produce any identification, if any exists, for which he is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research or train- ing purposes, or required for the enforcement of a particular state or federal law. (Code 2003, § 50-71; Ord. No. 164(2nd series), § 1000, 12-8-1997) State law reference —Compliance checks, Minn. Stats. § 461.12, subd. 5. Sec. 5.12.420. Display. All licenses issued under this division shall be posted and displayed in plain view of the general public on the licensed premises. (Code 2003, § 50-72; Ord. No. 164(2nd series), § 300(7), 12-8-1997) Sec. 5.12.430. Revocation or suspension. Any license issued under this division may be revoked or suspended as provided in sections 5.12.120 and 5.12.130. (Code 2003, § 50-73; Ord. No. 164(2nd series), § 300(4), 12-8-1997) Sec. 5.12.440. Sampling prohibited. (a) Pursuant to the authority granted to the city by Minn. Stats. § 144.417, the operator of any tobacco products shop licensed under this division is hereby prohibited from any of the following: (1) Except for a bona fide sale of a smoking device, providing or otherwise making available a smoking device for use by any individual within the indoor area of a shop licensed under this division; (2) Permitting any person to light, burn, smoke, inhale, or exhale tobacco, tobacco products, or tobacco -related devices within the indoor area of any establishment with a tobacco license under this divi- sion. (b) Pursuant to the authority granted to the city by Minn. Stats. § 144.417, smoking for the purposes of sampling tobacco and tobacco - related devices is prohibited. It shall be unlaw- § 5.16.010 ful for any person to light, burn, smoke, inhale, or exhale tobacco, tobacco products or tobacco - related devices within the indoor area of any establishment with a tobacco license under this division. (Code 2003, § 50-74; Ord. No. 126(3rd series), § 4, 11-10-2014) CHAPTER 5.16. ORONO TOBACCO -FREE PARKS AND WORKPLACES ACT Sec. 5.16.010. Intent and findings. It is found and determined that tobacco use is a danger to the health, safety, and general welfare of the community. (1) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution and that breathing secondhand smoke or environmental tobacco smoke is a cause of diseases such as lung cancer, cardiovascular disease, and respiratory disease and a cause of strokes and heart attacks. (2) The Public Health Service's National Toxicology Program has listed secondhand smoke as a known carcinogen. According to the United States Surgeon General, there are more than 50 cancer -causing chemicals in secondhand smoke. (3) Secondhand smoke is particularly hazard- ous to the elderly and those with cardiovascular disease and impaired respiratory function. Children exposed to secondhand smoke have an increased risk and severity of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, cancer, and premature death. (4) The United States Surgeon General reports that there is no risk -free level of exposure to secondhand smoke and that even short exposure to secondhand smoke can damage blood vessels, decrease coronary flow velocity reserves, and reduce heart rate variability, potentially increas- CD5:25 W) IV N § 5.16.010 ORONO CODE ing the risk of a heart attack. Even in (11) Smoking is a potential cause of fires. In healthy persons, brief exposure can lead parks and outdoor spaces, fire can spread to changes in the upper airway. to nearby homes and businesses. (5) Eliminating smoking indoors and in enclosed spaces fully protects nonsmok- ers from exposure to secondhand smoke. Simply separating smokers from nonsmok- ers, cleaning the air, and ventilating buildings cannot eliminate exposures of nonsmokers to secondhand smoke. Although air cleaners can remove large particles from smoke, smaller particles and gases found in secondhand smoke cannot be removed from the air. (6) Scientific studies conducted by Stanford University and others found that outdoor smoke can reach the same level as indoor smoke. Persons near an outdoor smoker can breathe in wisps of smoke that can be tens or hundreds times more concentrated that normal background air pollution levels. (7) The Americans with Disabilities Act (ADA) includes respiratory function as a disability. The ADA requires disabled persons have access to public places and workplaces. (8) The National Institute for Occupational Safety and Health has concluded that smoke is an occupational carcinogen. (9) Nonsmokers who are exposed to secondhand smoke at work have a 25 percent to 30 percent higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, acute respiratory disease, and measurable decrease in lung function than persons not exposed to secondhand smoke at work. (10) Secondhand smoke exposure leads to higher worker absenteeism from respira- tory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to secondhand smoke exposure. (12) Use of tobacco products also produces litter that detracts from the beauty of city parks and increases maintenance costs of city facilities. (Code 2003, § 51-1; Ord. No. 78(3rd series), § 1, 8-23-2010) Sec. 5.16.020. 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: City facilities means any building owned or operated by the city, including owned or operated outdoor areas of the lot or parcel on which the building is situated. Parks means any open or enclosed land and improvements or facility wherever located which is owned, leased or operated by the city and which is reserved, designated or used for a playground, picnic area, garden area, beach, bike or walking path, trail, nature preserve, green space, sports fields, or other recreational open space area. Tobacco means any substance or item contain- ing tobacco leaf, including, but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready -rubbed, and other smoking tobacco; snuff flowers; caven- dish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking. Use means smoking, inhaling, exhaling, burn- ing, or carrying any lighted cigar, cigarette, pipe, weed, or plant in any manner or in any form; chewing; sniffing; and spitting. (Code 2003, § 51-2; Ord. No. 78(3rd series), § 1, 8-23-2010) CD5:26 (0 N PUBLIC PROTECTION Sec. 5.16.030. General prohibitions. (a) Tobacco use prohibited in certain areas. Tobacco use is prohibited in the following areas: (1) Parks; (2) City facilities; (3) Inside motor vehicles owned or operated by the city; (4) Inside motor vehicles at city facilities and parks. (b) Exceptions. Notwithstanding any other provision to the contrary, the following areas are exempt from the provisions of this chapter: (1) Leases of city facilities or portions thereof to non -city entities or individuals which have been entered into before the adop- tion of the ordinance from which this chapter is derived; (2) Designated outdoor areas of city facili- ties; (3) City streets, easements, and sidewalks unless adjacent to or within parks; and (4) City golf courses. (Code 2003, § 51-3; Ord. No. 78(3rd series), § 1, 8-23-2010) Sec. 5.16.040. Posting of signs and removal of smoking paraphernalia. (a) "Tobacco -Free Grounds" signs shall be clearly and conspicuously displayed outside every city facility and park. (b) All ashtrays and other smoking paraphernalia shall be removed from every area where tobacco use is prohibited under this chapter. (Code 2003, § 51-4; Ord. No. 78(3rd series), § 1, 8-23-2010) Sec. 5.16.050. Enforcement. (a) Complaints. Any citizen who desires to register a complaint under this chapter may initiate enforcement with the city administrator or his/her designee. § 5.20,110 (b) Violation and penalty. It shall be a petty misdemeanor for any person to use tobacco in an area where tobacco use is prohibited by the provisions of this chapter. The fine for violation of this provision shall be $100.00 plus all surcharges mandated by law. (c) Other applicable laws. This chapter shall not be interpreted or construed to permit tobacco use where it is otherwise restricted by other applicable laws. (Code 2003, § 51-5; Ord. No. 78(3rd series), § 1, 8-23-2010) CHAPTER 5.20. SOLID WASTE* ARTICLE I. IN GENERAL (RESERVED) ARTICLE II. STORAGE AND DISPOSAL Sec. 5.20.110. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial establishment means any premises where a commercial or industrial enterprise of any kind is carried on, and shall include restaurants, clubs, churches, conference centers and schools where food is prepared or served. Multiple dwelling means any building used for residential purposes consisting of more than three dwelling units with individual kitchen facilities for each. Refuse means all organic material resulting from the manufacture, preparation or serving of food or food products, and spoiled, decayed or waste foods from any source, bottles, cans, glassware, paper or paper products, crockery, ashes, rags, and discarded clothing, tree or lawn clippings, leaves, weeds and other waste products, except human waste or waste resulting from building construction or demolition. *State law references —Waste Management Act, Minn. Stats. ch. 115A; littering, Minn. Stats. §§ 169.42, 609.671, subd. 13. CD5:27 ti qq N § 5.20.110 ORONO CODE Residential dwelling means any single build- ing consisting of one through three dwelling units with individual kitchen facilities for each. (Code 1984, § 9.01(1); Code 2003, § 54-31) Sec. 5.20.120. Storage. (a) It is unlawful for any person to store refuse on residential dwelling premises for more than one week. All such storage shall be in five - to 50-gallon metal or plastic containers with tightfitting covers, which shall be maintained in a clean and sanitary condition. Tree leaves, weeds and grass clippings may be stored in plastic bags and tree limbs must be stored in bundles weighing no more than 75 pounds and no longer than four feet. (b) It is unlawful for any person to store refuse on multiple dwelling premises for more than one week. Such storage shall be in contain- ers as for residential dwelling premises; except that containers, sometimes referred to as dumpsters, with closefitting covers may be substituted. (c) It is unlawful for any person to store refuse on commercial establishment premises for more than 48 hours. Such storage shall be in containers as for residential dwelling premises; except that containers, sometimes referred to as dumpsters, with closefitting covers may be substituted. (d) It is unlawful to store organic refuse unless it is drained and wrapped. (e) All refuse and garbage deposited in contain- ers for pickup shall not be stored in the area between the street and the front plane of the house or garage on non -collection days or shall be kept within a building. Refuse must be deposited at one place, at ground level, on each property. Refuse containers must be returned and placed to the storage location on the same day that the garbage or refuse is collected. The intent of this subsection is to allow placement at the curb only on the evening prior to and the day of collection of the garbage or refuse container. (Code 1984, § 9.01(2); Code 2003, § 54-32; Ord. No. 302(3rd series), § 1, 4-8-2024) Sec. 5.20.130. Deposit. It is unlawful for any person to deposit in the city any refuse from any source, rubbish, offal or the body of a dead animal in any place other than a licensed sanitary landfill. (Code 1984, § 9.01(3); Code 2003, § 54-33) Sec. 5.20.140. Fire danger. It is unlawful for any person to store, deposit or dispose of any refuse which is in flames or heated to the point where it could cause danger of fire in other refuse. (Code 1984, § 9.01(4); Code 2003, § 54-34) ARTICLE III. PRIVATE COLLECTORS* Division 1. Generally Sec. 5.20.210. Definitions. The definitions in Minn. Stats. § 115A.93 apply to this article. (Code 1984, § 5.35(1); Code 2003, § 54-66) Sec. 5.20.220. Exception. Nothing in this article shall prevent persons from hauling garbage or other refuse from their own residences or business properties, provided the following rules are observed: (1) That all garbage is hauled in containers that are watertight on all sides and the bottom and with tightfitting covers on top; (2) That all other refuse is hauled in vehicles with leakproof bodies and completely covered or enclosed by canvas or other means or material so as to completely eliminate the possibility of loss of cargo; and (3) That all garbage and other refuse shall be dumped or unloaded only at the designated sanitary landfill. (Code 1984, § 5.35(3); Code 2003, § 54-67) *State law reference —Mandatory that city provide for solid waste collection, Minn. Stats. § 115A.941. CD5:28 ao N PUBLIC PROTECTION Division 2. License* Sec. 5.20.310. Required. It is unlawful for any person to haul garbage or other refuse for hire without a license from the city, or to haul garbage or other refuse from his own residence or business property other than as excepted in this division. (Code 1984, § 5.35(2); Code 2003, § 54-91) Sec. 5.20.320. Vehicles; insurance; limita- tion on number; rates. (a) Hauler licenses shall be granted only upon the condition that: (1) The licensee has watertight, packer -type vehicles in good condition to prevent loss in transit of liquid or solid cargo; (2) Vehicles are kept clean and as free from offensive odors as possible and not allowed to stand in any street longer than reason- ably necessary to collect garbage or refuse; and (3) Vehicles are dumped or unloaded only at the designated sanitary landfill, and strictly in accordance with regulations relating to the landfill. (b) Before a garbage and refuse hauler's license shall be issued, the applicant shall file with the city clerk evidence that he has provided public liability insurance on all vehicles providing for umbrella or all perils coverage in the amount of $1,000,000.00. (c) The council, in the interest of maintaining healthful and sanitary conditions in the city, reserves the right to specify and assign certain areas to all licensees, and to limit the number of licenses issued. (d) Each applicant shall file with the city clerk, before a garbage and refuse hauler's license is issued or renewed, a schedule of proposed rates to be charged by him during the licensed period for which the application is made. The schedule of proposed rates, or a compromise schedule of rates, shall be approved by the *State law reference —Licensing of solid waste collec- tion, Minn. Stats. § 115A.93. § 5.24.010 council before granting the license. Nothing in this subsection shall prevent a licensee from petitioning the council for review of such rates during the licensed period, and the council may likewise consider such petition and make new rates effective at any time. No licensee shall charge rates in excess of the rates approved by the council. (Code 1984, § 5.35(4); Code 2003, § 54-92) Sec. 5.20.330. Haulers; license period. All licenses for garbage and refuse haulers shall expire on May 31 of each year. Application for renewal of an existing garbage and refuse hauler's license shall be made to the city clerk at least 60 days prior to the expiration date. (Code 2003, § 54-93; Ord. No. 140(2nd series), § 1(5.35(5)), 8-28-1995) CHAPTER 5.24. ENVIRONMENT ARTICLE I. IN GENERAL Sec. 5.24.010. Maintenance of private property. (a) The owner of every vacant property and the owner and occupant of every occupied property must maintain the property in a neat, clean, and presentable manner free of any junk, debris, refuse, litter, dead trees, or noxious weeds, and remove all other public health or safety hazards from the property. (b) The owner or occupant of every lot or parcel shall regularly cut or otherwise maintain all grass and weeds on the property at a height of not more than eight inches, except this provision shall not apply to the following: (1) Publicly owned parks, trails, or nature areas. (2) Property actively being farmed or used for agricultural purposes in conformance with chapter 6.12. (3) Residential properties over one -acre gross lot size when located in the RR-1A, RR-113, LR-1A, and RS rural residential zoning districts, provided that such properties CD5:29 o) N § 5.24.010 ORONO CODE or portions of properties shall be maintained in conformance with this subsection (b) upon notice from the city that lack of such maintenance has caused complaints from abutting property owners and is thereby creating a public nuisance. (4) Wetlands vegetation as defined in chapter 6.12. (5) Grass, weeds, or underbrush on any slope over 100 percent (45 degrees). (c) Any violation of this section is declared to be a nuisance and a public safety and welfare hazard, and upon seven days' written notice to the owner, as shown by the records of the office of the county auditor, of private premises on which such material is found or any conditions in violation of this section exist, 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. (Code 1984, § 9.55; Code 2003, § 58-1; Ord. No. 191(2nd series), § 1, 6-14-1999; Ord. No. 298(3rd series), § 1, 3-11-2024) State law reference —Minnesota Noxious Weed Law, Minn. Stats. § 18.75 et seq. Sec. 5.24.020. Maintenance of drainage systems; interference with drainage; permit for drain- age systems. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Private drainage system means any storm sewer, ditch, the line, or other facility, together with all appurtenances, constructed by a private person or existing on private property, for the purpose of collecting or conveying natural precipitation. Public drainage system means any storm sewer, ditch, tile line, or other facility, together with all appurtenances, constructed by the city from public funds, whether or not the cost was specially assessed, or maintained by the city from public funds, for the purpose of collecting or conveying natural precipitation. (b) Maintenance. It is the responsibility of the owner of any private drainage system, or the owner of the land upon which it is constructed, to maintain such system in good and workable condition and not to alter its capacity, inlet location or discharge location without a permit from the city. (c) Obstructions. It is a misdemeanor for any person to obstruct or place any obstruction in or upon any public or private drainage system. (d) Contract required. It is a misdemeanor for any person to construct, reconstruct, or in any way alter or extend any public or private drain- age system unless such person is within the scope of a contract with the city or has a written permit from the city. (e) Increase of volume, velocity. It is a misdemeanor for any person to increase the volume or velocity of surface water runoff leav- ing his property, or to channel any surface water runoff so that it is redirected outside of the normal, natural watercourse as such surface water is discharged from private property on to public streets, public property, or on to neighbor- ing private property, without a permit from the city. (Code 1984, § 9.04; Code 2003, § 58-2) Sec. 5.24.030. Junk cars, furniture, household furnishings and appliances stored on public or private property. It is unlawful to park or store any unlicensed, unregistered or inoperable motor vehicle lacking essential parts, household furnishings or appli- ances, or parts or components, on any property, public or private, unless housed within a law- fully erected building. Any violation of this section is declared to be a nuisance; and upon seven days' written notice to the owner, as shown by the records in the office of the county auditor, of private premises on which such material is found, the city may remove the vehicle and certify the cost of such removal as any other CD5:30 0 N PUBLIC PROTECTION special assessment. For the purpose of this section, the term "inoperable motor vehicle" means lacking parts essential to operation, includ- ing, but not limited to, wheels, tires, motor, drive train, battery; or having two or more flat tires; or having the interior, including the driver's posi- tion, used for storage in such a manner that no person can operate the vehicle. (Code 1984, § 9.50; Code 2003, § 58-3) State law reference —Abandoned motor vehicles, Minn. Stats. ch. 168B. Sec. 5.24.040. Abandoning a motor vehicle. It is unlawful for any person to abandon a motor vehicle on any public or private property without the consent of the person in control of such property. Abandoned motor vehicles shall be removed, impounded and disposed of in accordance with state law. For the purpose of this section, the term "motor vehicle" means as that term is defined in Minn. Stats. ch. 169. (Code 1984, §§ 2.61(1), 9.51; Code 2003, § 58-4) State law reference —Similar provisions, Minn. Stats. § 168B.03. ARTICLE II. ON -SITE SEWAGE DISPOSAL* Division 1. Generally Sec. 5.24.110. Purpose. This article is enacted to provide minimum standards for the regulation of subsurface sewage treatment systems (SSTS), including proper loca- tion, design and construction; necessary modifica- tion and reconstruction; operation, maintenance and repair for the purpose of protecting surface water and groundwater from contamination by human sewage and waterborne household and commercial wastes; protection of the public's health and safety; and elimination and preven- tion of the development of public nuisances, pursuant to the authority granted under Minn. Stats. chs. 115 and 145A and Minn. R. chs. 7080, 7081 and 7082, as amended from time to time, that may pertain to sewage and wastewater treatment. (1) All sewage generated in unsewered areas of the city shall be treated and dispersed *State law reference —Individual sewage treatment systems, Minn. Stats. § 115.55. § 5.24.120 by an approved SSTS that is sited, designed, installed, operated, and maintained in accordance with the provi- sions of this article or by a system that has been permitted by the MPCA. (2) Sewage discharge to ground surface or surface water. It is unlawful for any person to construct, maintain, or use any wastewater treatment system regulated under this article that results in raw or partially treated wastewater seeping to the ground surface or flowing into any surface water. Any surface discharging system must be permitted by the MPCA under the National Pollutant Discharge Elimination System program. (Code 2003, § 58-41; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.120. Objectives. The principal objectives of this article are as follows: (1) The protection of the city's lakes, rivers and streams, wetlands, and groundwater essential to the promotion of public health, safety, welfare, socioeconomic growth and development of the city in perpetuity. (2) The regulation of proper SSTS construc- tion, reconstruction, repair and maintenance to prevent the entry and migration of contaminants, thereby ensur- ing the non -degradation of surface water and groundwater. (3) The establishment of minimum standards for SSTS placement, design, construc- tion, reconstruction, repair and maintenance to prevent contamination and, if contamination is discovered, the identification and control of its consequences and the abatement of its source and migration. (4) The appropriate utilization of privy vaults and other non -water -carried SSTS. (5) The prevention and control of waterborne disease, lake degradation, groundwater related hazards, and public nuisance conditions through technical assistance CD5:31 T U) N § 5.24.120 ORONO CODE and education, plan reviews, inspections, ISTS surveys and complaint investiga- tion. (Code 2003, § 58-42; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.130. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Class V injection well means a shallow well used to place a variety of fluids directly below the land surface, which includes a domestic SSTS serving more than 20 people. The U.S. Environmental Protection Agency and delegated state groundwater programs permit these wells to inject wastes below the ground surface provided they meet certain requirements and do not endanger underground sources of drinking water. Class V motor vehicle waste disposal wells and large -capacity cesspools are specifically prohibited (see 40 CFR parts 144 and 146). Cluster system means an SSTS under some form of common ownership that collects wastewater from two or more dwellings or build- ings and conveys it to a treatment and dispersal system located on an acceptable site near the dwellings or buildings. Design flow means the daily volume of wastewater for which an SSTS is designed to treat and discharge. Failure to protect groundwater means at minimum, an SSTS that does not protect groundwater is considered to be a seepage pit, cesspool, drywell, leaching pit, or other pit; an SSTS with less than the required vertical separa- tion distance, described in Minn. R. 7080.1500, subp. 4(D) and (E); and a system not abandoned in accordance with Minn. R. 7080.2500. The determination of the threat to groundwater for other conditions must be made by a qualified employee or an individual licensed pursuant to section 5.24.260. Health authority means the city and its designated agent who shall be a qualified employee or licensee. Imminent threat to public health and safety means, at a minimum an SSTS with a discharge of sewage or sewage effluent to the ground surface, drainage systems, ditches, or storm water drains or directly to surface water; SSTS that cause a reoccurring sewage backup into a dwell- ing or other establishment; SSTS with electrical hazards; or sewage tanks with unsecured, dam- aged, or weak maintenance access covers. The determination of protectiveness for other condi- tions must be made by a qualified employee or an SSTS inspection business licensed pursuant to section 5.24.260. ISTS means an individual sewage treatment system as defined in Minn. R. 7080.1100, subp. 41. Malfunction means the partial or complete loss of function of an SSTS component, which requires a corrective action to restore its intended function. Management plan means a plan that describes necessary and recommended routine operational and maintenance requirements, periodic examina- tion, adjustment, and testing, and the frequency of each to ensure system performance meets the treatment expectations, including a planned course of action to prevent an illegal discharge. Minor repair means the repair or replacement of an existing damaged or faulty component/part of an SSTS that will return the SSTS to its operable condition. The repair shall not alter the original area, dimensions, design, specifications or concept of the SSTS. MPCA means the Minnesota Pollution Control Agency. MSTS means a midsized subsurface sewage treatment system under single ownership that receives sewage from dwellings or other establish- ments having a design flow of more than 5,000 gallons per day to a maximum of 10,000 gallons per day. Notice of noncompliance means a written docu- ment issued by the city notifying a system owner that the owner's onsite/cluster treatment system has been observed to be noncompliant with the requirements of this article. CD5:32 N LA N PUBLIC PROTECTION Qualified employee means an employee of the state or city, who performs site evaluations or designs, installs, maintains, pumps, or inspects SSTS as part of the individual's employment duties and is registered on the SSTS professional register verifying specialty area endorsements applicable to the work being conducted. Other establishment means any private or public structure, other than a dwelling, that generates sewage having characteristics other than residential -type waste or has an average waste flow greater than 2,000 gallons per day and discharges to an individual sewage treat- ment system. Owner means the fee owner and, if applicable, the contract -for -deed purchaser. Ownership interests shall be determined by reference to the records of the county. The owner of each lot served by an ISTS is responsible for the lawful operation and maintenance of each ISTS. Record drawings means a set of drawings which to the fullest extent possible document the final in -place location, size, and type of all SSTS components, including the results of any materi- als testing performed and a description of condi- tions during construction of the system. Sewage means waste from toilets, bathing, laundry, or culinary activities or operations or floor drains associated with these sources, includ- ing household cleaners and other constituents in amounts normally used for domestic purposes. SSTS means subsurface sewage treatment system as defined in Minn. R. 7080.1100, subp. 82. Type I system means an ISTS designed accord- ing to Minn. R. 7080.2200 to 7080.2240, as may be amended from time to time. Type II system means an ISTS designed accord- ing to Minn. R. 7080.2250 to 7080.2290, as may be amended from time to time. Type III system means an ISTS designed according to Minn. R. 7080.2300, as may be amended from time to time. § 5.24.150 Type IV system means an ISTS designed accord- ing to Minn. R. 7080.2350, as may be amended from time to time. Type V system means an ISTS designed accord- ing to Minn. R. 7080.2400, as may be amended from time to time. (Code 2003, § 58-43; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.140. Incorporation by reference. This article hereby incorporates by reference Minn. R. ch. 7080 and 7081, as may be amended from time to time. (Code 2003, § 58-44; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.150. Administration by the health authority. The health authority shall have the following duties and responsibilities: (1) To review all applications for SSTS. (2) To issue all required permits. (3) To conduct construction inspections and to perform all necessary tests to determine its conformance with this article. (4). To investigate complaints regarding SSTS. (5) To perform compliance inspections and to issue certificates of compliance or notices of noncompliance where appropri- ate. (6) To issue stop work orders and notices of violation pursuant to this article. (7) To take complaints to the municipal or county attorney for violations of this article. (8) To maintain proper records for SSTS including site evaluation records, design records, including calculations and sum- maries for all system component sizings and as-builts, complaints on noncompli- ance, compliance inspections, site evalu- ations, applications and exhibits, variance requests, issued permits, certificates of compliance, and enforcement proceed- ings. CD5:33 M N § 5.24.150 ORONO CODE (9) To submit annual reports to the MPCA to Sec. 5.24.220. Permits not required. demonstrate enforcement of this article Permits shall not be required for the following per Minn. R. 7082.0040, subp. 5. activities: (Code 2003, § 58-45; Ord. No. 212(3rd series), § 1, 8-13-2018) (1) Repair or replacement of pumps, floats or other electrical devices of the pump. Sec. 5.24.160. No guarantee. Neither the issuance of permits, certificates of compliance nor notices of noncompliance as requested or issued shall be construed to represent a guarantee or warranty of the system's opera- tion or effectiveness. Such certificates signify that the system in question is or has been designed and installed in compliance or non- compliance with the provision of these standards and regulations. (Code 2003, § 58-46; Ord. No. 212(3rd series), § 1, 8-13-2018) Division 2. Permitting Sec. 5.24.210. Required permits. (a) A permit from the health authority is required before any SSTS in the city's jurisdic- tion is installed, replaced, abandoned, altered, repaired, rejuvenated or extended pursuant to this article. Such permits are not transferable as to person or place. Such permits shall expire 12 months after the date of issuance. Upon request of an inspector, permits shall be provided by the permittee at the time of inspection. (b) New residence. No building permit shall be issued for any new building that will be connected to an ISTS until a site evaluation and design is approved by the on -site systems manager. The site evaluation must include the identifica- tion of both primary and alternate drainfield sites suitable for a minimum of a five -bedroom residence. If the building will be connected to an existing system, a site evaluation and design must be approved by the city, including the existing system specifications and a future site meeting the provisions of this article. (Code 2003, § 58-47; Ord. No. 212(3rd series), § 1, 8-13-2018) (2) Repair or replacement of baffles in the septic tank. (3) Installation or repair of inspection pipes and manhole covers. (4) Repair or replacement of the line from the building to the septic tank. (5) Repair or replacement of the line from the septic tank or pump chamber to the distribution box or lines. (Code 2003, § 58-48; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.230. Permit application. All applications for an SSTS permit shall include the following information: (1) Name and address of property owner; (2) Property identification number; (3) Legal description of the property; (4) SSTS designer name, address, telephone number and state MPCA license number (or health authority qualified employee name and number); (5) SSTS installer name, address, telephone number and MPCA license number; (6) Site evaluation report on forms approved by the health authority and include information required by Minn. R. 7080.1710 through 7080.2400; (7) System design with full information, including applicable construction informa- tion on forms approved by the health authority; (8) The location of two or more designated additional soil treatment areas that can support system as described in Minn. R. 7080.2200 through 7080.2230 or site conditions described in Minn. R. 7081.0270, subps. 3 through 7, on lots created after January 23, 1996; CD5:34 14 L0 N PUBLIC PROTECTION (9) A management plan as described in Minn R. 7082.0600 and this article; and (10) Any other information requested pertinent to the process. (Code 2003, § 58-49; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.240. Operating permit. (a) An operating permit is required for all treatment systems installed under Minn. R. 7080.2290 (holding tanks), Minn. R. 7080.2350 through 7080.22400 (Type IV and V systems), and Minn. R. ch. 7081(MSTS). Sewage shall not be discharged to a treatment system requiring an operating permit until the health authority certifies that the treatment system was installed in substantial conformance with the approved plans, receives the final record drawings of the SSTS, and a valid operating permit is issued to the owner. (b) The operating permit shall be valid for 12 months and renewed by the expiration date. The health authority shall review all required monitor- ing data submitted from the previous year and the renewal application before approving any subsequent operating permits. An operating permit shall include: (1) A detailed description of the operation, maintenance, and monitoring, reporting and compliance limits and boundaries necessary to ensure both continued system performance as designed and protection of public health and the environment for the life of the system; (2) A requirement that the person responsible for monitoring notify the health author- ity when monitoring plan requirements are not met; (3) A disclosure of the location and condition of the additional soil treatment and dispersal system; (4) A stipulation of acceptable and prohibited discharges; and § 5.24.260 (5) The signatures of the system designer and owner. (Code 2003, § 58-50; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.250. Compliance monitoring. (a) Performance monitoring of an SSTS shall be performed by a licensed service provider hired by the holder of the operating permit in accordance with the monitoring frequency and parameters stipulated in the permit. (b) A monitoring report shall be prepared and certified by the licensed service provider. The report shall be submitted to the city on a form provided by the city on or before the compliance reporting date stipulated in the operating permit. The report shall contain a description of all maintenance and servicing activities performed since the last compliance monitoring report as described below: (1) Owner name and address; (2) Operating permit number; (3) Average daily flow since last compliance monitoring report; (4) Description of type of maintenance and date performed; (5) Description of sample taken (if required), analytical laboratory used, and results of analyses; (6) Problems noted with the system and actions proposed or taken to correct them; and (7) Name, signature, license and license number of the licensed professional who performed the work. (Code 2003, § 58-51; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.260. License requirements. All design, installation, alteration, repair, maintenance, operation, pumping, and inspec- tion activities for SSTS located in the city must be completed by a business licensed by the state under Minn. R. ch. 7083, an appropriately certi- fied qualified employee, or a person exempted under Minn. R. 7083.0700, subp. l(A), (C), (D), CD5:35 W) U) N § 5.24.260 ORONO CODE (F), (G), (H) and (I). Individuals exempt from a state SSTS license under Minn. R. 7083.0700, subp. l(A), (C), (D), (F), (G), (H) and (I) must follow all applicable local, state, and federal requirements. Property owners that employ a business to perform this work must hire a busi- ness that is licensed in accordance with Minn. R. ch. 7083. (Code 2003, § 58-52; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.270. Application review and determination. If, after consideration of the application for a permit, the health authority determines that the proposed work complies with provision of this article, the health authority shall issue a written permit granting preliminary approval authoriz- ing initiation of the work as proposed. If the health authority determines that the proposed work will not comply with the provisions of this article, the health authority shall deny the permit application. The permit application may be revised or corrected and resubmitted to the health author- ity for reconsideration. (Code 2003, § 58-53; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.280. Variances. (a) Variances to wells and water supply lines require approval from the state department of health. The health authority may grant vari- ances to the technical standards and criteria of Minn. R. ch. 7080 or this article. However, the health authority is prohibited from granting variances to: (1) Minn. R. 7080.2150, subp. 2. (2) Minn. R. 7081.0080, subps. 2 to 5. (3) Flow determinations under Minn. R. 7081.0110 if the deviation reduces the average daily flow from more than 10,000 gallons to 10,000 gallons per day or less. (b) All requests for a variance shall be requested in writing to the health authority on forms approved by the health authority. (Code 2003, § 58-54; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.290. Periodically saturated soil disagreements. (a) If a documented discrepancy arises on the depth of the periodically saturated soil between licensed businesses for SSTS design or compli- ance purposes, all disputing parties must follow the procedure outlined in this subpart. (1) The disputing parties must meet at the disputed site in an attempt to resolve differences. (2) If the provision does not resolve the differences, then: a. Obtain an opinion from a state - licensed professional soil scientist who is a certified SSTS designer or inspector and who is independent of, and agreed upon by, both parties. b. If opinions rendered do not resolve the dispute, all initial and follow-up documents and information gener- ated must be submitted to the health authority. The health authority shall take into consideration all informa- tion and opinions rendered and make a final judgment. The health author- ity shall render findings of fact, conclusions of law, and findings set- ting forth the reasons for any final decisions it renders. (b) If a documented discrepancy arises on the depth of the periodically saturated soil between an SSTS licensed business and the health author- ity for SSTS design or compliance purposes, all disputing parties shall follow the procedure outlined in this item. (1) A representative of the health authority and the licensed business must meet at the disputed site in an attempt to resolve differences. (2) If the provision does not resolve differ- ences, then the SSTS licensed business may obtain an opinion from a state - licensed professional soil scientist who is a certified SSTS designer or inspector and who is independent of, and agreed upon by, both parties. CD5:36 PUBLIC PROTECTION (3) If still unresolved, the health authority shall take into consideration all informa- tion and opinions rendered and make a final judgment. The health authority shall render findings of fact, conclusions of law, and findings setting forth the reasons for any final decisions they render. (c) Upon resolution of a dispute, amendments to initial disputed documents containing the resolution shall be made and submitted to the health authority and all other parties involved. (Code 2003, § 58-55; Ord. No. 212(3rd series), § 1, 8-13-2018) Division 3. Construction Inspections Sec. 5.24.310. Requirements. Compliance inspections shall be conducted by the health authority anytime an SSTS is installed, replaced, abandoned, altered, repaired, rejuvenated, or extended. The installation and construction of the SSTS shall be in accordance with the permit requirements and application design. If any SSTS component is covered before being inspected by the health authority, it shall be uncovered if so ordered by the health author- ity. Proposals to alter the permitted construction shall be reviewed and the proposed change accepted by the health authority prior to construc- tion. Inspections shall be conducted at least once during the construction that is prior to covering of the ISTS to assure that the system has been constructed per the submitted and approved design. (Code 2003, § 58-56; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.320. Inspector. Any time an SSTS is installed, replaced, abandoned, altered, repaired, rejuvenated, or extended, inspections shall be conducted by the health authority. (Code 2003, § 58-57; Ord. No. 212(3rd series), § 1, 8-13-2018; Ord. No. 292(3rd series), § 1, 2-26-2024; Ord. No. 298(3rd series), § 2, 3-11- 2024) § 5.24.370 Sec. 5.24.340. Request for inspection. It shall be the duty of the permittee to notify the health authority of the date and time the inspection is requested at least 24 hours (exclud- ing weekend days and holidays) preceding the requested inspection time. If the permitee provides proper notice as described above and the health authority does not appear for an inspection within two hours after the time scheduled, the permitee may complete the installation and submit an as -built for the system. (Code 2003, § 58-58; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.350. Access to premises and records. Upon the request of the health authority, the applicant, owner, permittee or any other person shall allow access at any reasonable time to the affected premises as well as any related records, for the purposes of regulating and enforcing this article. If entry is refused, the health authority shall have recourse to the remedies provided by law to secure entry. No person shall hinder or otherwise interfere with the health authority in the performance of their duties and responsibili- ties pursuant to the enforcement of this article. Refusal to allow reasonable access to the health authority shall be deemed a separate and distinct offense, whether or not any other specific viola- tions are cited. (Code 2003, § 58-59; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.360. Stop work orders Whenever any SSTS work is being done contrary to the provisions of this article, the health authority may order the work stopped by verbal or written notice served upon the installer or the owner of the land. All installation and construction shall cease and desist until subsequent authorization to proceed is received from the health authority. (Code 2003, § 58-60; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.370. As-builts. As-builts shall be submitted to the health authority within five working days of completion CD5:37 ti N § 5.24,370 ORONO CODE of the work on the ISTS on forms provided or approved by the health authority. The as -built shall include photographs of the system prior to covering and a certified statement that the work was installed in accordance with submitted design and permit conditions and that it was free from defects. If an as -built is not submitted, the health authority may require the uncovering of the system for inspection. (Code 2003, § 58-61; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.380. Inspection reports. A certificate of compliance or notice of noncompliance shall be prepared by the health authority following an inspection or review of as-builts submitted in accordance with section 5.24.370. A certificate of compliance or notice of noncompliance shall include a signed statement by the inspector identifying the type of ISTS inspected and whether the system is in compli- ance with Minnesota Rules. A copy of the certificate of compliance or notice of noncompli- ance shall be provided to the property owner within 30 days of the compliance inspection and a copy kept on file with the health authority. (1) Certificates of compliance issued by the health authority for new construction and replacement shall be valid for five years from the date of the compliance inspection or as -built certification unless the health authority or licensed inspec- tor identifies the system as an imminent threat to public health and safety. (2) Notices of violation may be issued with notices of noncompliance when the health authority determines that new construc- tion, replacement or repairs are not in compliance with this article. (Code 2003, § 58-62; Ord. No. 212(3rd series), § 1, 8-13-2018) Division 4. Existing Systems Sec. 5.24.410. Requirements. (a) The health authority shall require a compli- ance inspection on the MPCA compliance inspec- tion form of an existing system whenever: (1) In designated shoreland management or wellhead protection areas, an application for any type of building or land use permit is made. (2) The health authority deems a compli- ance inspection necessary, including, but not limited to, upon receipt of informa- tion of a potential ISTS failure or imminent threat to public health and safety. (3) An additional bedroom on the property is requested. If a request for an additional bedroom is received between November 1 and April 30, the governing municipality may issue a building permit immediately with the contingent requirement that a compliance inspection of the existing ISTS shall be completed by the following June 1 and the applicant submits a certificate of compliance by the following September 30. (4) Any addition or remodel of a licensed food, beverage, or lodging establishment or any other establishment where the sewage treatment system's designed flow may be affected. (b) Abandonment of existing systems. Whenever the use of an SSTS or any system component is discontinued as the result of a system repair, modification, replacement, or decommissioning following connection to a municipal or private sanitary sewer, or condemna- tion or demolition of a building served by the system, further use of the system or any system component for any purpose is prohibited. Abandonment shall be completed in accordance with Minn. R. 7080.2500. (Code 2003, § 58-63; Ord. No. 212(3rd series), § 1, 8-13-2018; Ord. No. 292(3rd series), § 2, 2-26-2024; Ord. No. 298(3rd series), § 3, 3-11- 2024) Sec. 5.24.420. Inspector. Only a certified inspector from the health authority or a licensed inspection business shall conduct an inspection when a compliance inspec- tion is required for an existing SSTS. (Code 2003, § 58-64; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.430. Vertical separation. (a) SSTS built after March 31, 1996. An SSTS located in a shoreland area, wellhead protection area, or serving a food, beverage, or lodging CD5:38 PUBLIC PROTECTION establishment as defined under Minn. R. 7080.1100, subp. 84 must have a three-foot vertical separation between the bottom soil infiltrative surface and the periodically saturated soil and/or bedrock. Unless otherwise determined by the health authority, existing systems that have no more than a 15 percent reduction to the minimum required 36 inch separation distance are considered compliant. (i.e., a separation distance no less than 30.6 inches). This reduc- tion is to account for settling of sand or soil, normal variation of separation distance measure- ments and interpretation of limiting layer characteristics. The vertical separation measure- ment shall be made outside the area of system influence in an area of similar soil. (b) SSTS built after March 31, 1996 located outside shoreland, wellhead protection, or serv- ing food, beverage, or lodging establishments as § 5.24.440 defined under Minn. R. 7080.1100, subp. 84, must have at least three feet of vertical separa- tion. (c) SSTS built before April 1, 1996, in areas that are not shoreland, wellhead protection, or serving food, beverage, or lodging establish- ments SWF areas as defined under Minn. R. 7080.1100, subp. 84, must have at least two feet of vertical separation. (d) SSTS built before April 1, 1996, in areas that are within shoreland, wellhead protection areas, or serving food, beverage, or lodging establishments as defined under Minn. R. 7080.1100, subp. 84, must have at least three feet of vertical separation. Table 1. Vertical Separation Summarized Within Shoreland, Well Outside Shoreland, Well Protection, or Food, Beverage, or Protection, or Not in Food, Lodging Beverage, or Lodging Built before April 1, 1996 3 feet separation, minimum 2 feet separation, minimum Built after March 31, 1996 3 feet separation, minimum 3 feet separation, minimum (Code 2003, § 58-65; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.440. Inspection reports. upgraded, replaced, or repaired in A copy of the certificate of compliance or accordance with Minn. R. ch. 7080 notice of noncompliance resulting from a compli- or 7081, within three years, or its ance inspection shall be provided to the property use is discontinued. The health owner and the health authority within 30 calendar authority, at its discretion, may grant days of inspection. an extension of an additional two (1) Certificates of compliance issued by a years. licensed ISTS inspector for an existing system shall be valid for three years from b. An SSTS posing an imminent threat the date of the compliance inspection to public health and safety shall be unless the health authority or licensed upgraded, replaced or repaired inspector identifies the system as an within ten months. The health imminent threat to public health and authority will give consideration to safety. weather conditions in determining (2) A notice of noncompliance shall be issued compliance dates. If an SSTS is in the following circumstances and the determined to be a public health conditions noted in violation of this article nuisance by the health authority, shall be remedied as follows: the health authority may order the a. An SSTS determined to be failing to owner of the SSTS to cease use protect groundwater shall be immediately and not allow use of CD5:39 § 5.24.440 ORONO CODE the SSTS until it is corrected in installation, design, construction, alteration or accordance with the recommenda- repair of an ISTS by a licensed person or any tions of the health authority. pumping by a licensed pumper performed in (Code 2003, § 58-66; Ord. No. 212(3rd series), violation of the provisions of this article. § 1, 8-13-2018) (Code 2003, § 58-70; Ord. No. 212(3rd series), § 1, 8-13-2018) Division 5. Violations Sec. 5.24.510. Cause to issue a notice of violation. Noncompliance with this article by an applicant, permittee, installer or other person, as determined by the health authority, shall constitute a viola- tion. (Code 2003, § 58-67; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.520. Serving a notice of viola- tion. Division 6. Additional Standards for Health and Environmental Protection Sec. 5.24.610. Property transaction standards for individual sewage treatment systems. No owner of a tract of land upon which a dwelling is located, or a tract of land upon which a structure which is required to have an individual sewage treatment system is located, shall sell or transfer to another party said tract of land unless the following requirements are met: The health authority shall serve, in person or (1) by mail, a notice of violation upon any person determined to be not in compliance with this article. (Code 2003, § 58-68; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.530. Contents of a notice of violation. A notice of violation shall contain the follow - mg: (1) A statement documenting the findings of fact determined through inspections, rein- spection or investigation. (2) A list of specific violation or violations of this article. (3) The specific requirements for correction or removal of the specified violations. (4) A mandatory time schedule for correc- tion, removal and compliance with this article. (Code 2003, § 58-69; Ord. No. 212(3rd series), § 1, 8-13-2018) Sec. 5.24.540. Notification of MPCA. The health authority shall in accordance with state law notify the MPCA of any inspection, The seller of any property having an individual sewage treatment system shall have a state licensed inspector complete the Minnesota Pollution Control Agency (MPCA) sewage system compliance inspec- tion form for existing sewage systems in accordance with this article and Minn. R. ch. 7080. The exception would be a new septic system installed within the previous five years or a compliance inspec- tion performed by a licensed inspector within the previous three years. (2) The seller must provide a copy of the completed sewage system disclosure form and the certificate of compliance or notice of noncompliance to any person who signs a purchase agreement. The disclosure form and certificate of compliance or notice of noncompliance inspection form must be provided to the buyer prior to signing the purchase agreement. (3) The licensed inspector must submit a copy of the certificate of compliance or notice of noncompliance to the city within 15 days of the date of inspection. (4) If the existing system is found to be noncompliant, it must be brought into compliance prior to the transfer of the property. If the system is not brought CD5:40 0 c� N PUBLIC PROTECTION into compliance prior to transfer, the seller shall provide the buyer sufficient security in the form of an escrow agree- ment to assure the installation of a complying ISTS. (5) If the seller fails to provide a certificate of compliance, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a complying ISTS. (6) The security shall be placed in an escrow with a licensed real estate closer, licensed attorney -at -law or a federal or state chartered financial institution. The amount escrowed shall be equal to 150 percent of a written estimate to install a complying ISTS provided by a licensed and certified installer, or the amount shall be equal to 110 percent of the written contract price for the installation of a complying ISTS provided by a licensed and certified installer. After a complying ISTS has been installed and a certificate of compliance issued, the city shall provide the escrow agent a copy of the certificate of compliance. (Code 2003, § 58-71; Ord. No. 212(3rd series), § 1, 8-13-2018; Ord. No. 292(3rd series), § 3, 2-26-2024; Ord. No. 298(3rd series), § 4(58-71), 3-11-2024) Sec. 5.24.620. Siting of an SSTS. Notwithstanding any state or federal require- ments, the separation distance from an SSTS to a Type 3, 4, 5 or 6 wetland shall be no less than 50 feet. (1) SSTS in floodplains. No permit shall be issued for an SSTS located in a floodway and, wherever possible, location within any part of a floodplain should be avoided. If no option exists to locate an SSTS outside of a floodplain, location within the flood fringe is allowed if the require- ments of Minn. R. 7080.2270 and all relevant local requirements are met. (2) Class V injection wells. All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined § 5.24.630 in 40 CFR 144, are required to submit SSTS inventory information to the United States Environmental Protection Agency and the MPCA. Owners are also required to identify all Class V injection wells in property transfer disclosures. (3) Holding tanks. Holding tanks may be used for the following applications only after it can be shown conclusively by the property owner that an SSTS permitted under this article cannot be feasibly installed: a. As a replacement for an existing failing SSTS; b. For an SSTS that poses an imminent threat to public health and safety; or C. For use with buildings with limited water use. (4) Determination of hydraulic loading rate and SSTS sizing. Table IX from Minn. R. 7080.2150, subp. 3(E), titled "Loading Rates for Determining Bottom Absorp- tion Area and Absorption Ratios Using Detailed Soil Descriptions" and Table IXa from Minn. R. 7080.2150, subp. 3(E), titled "Loading Rates for Determining Bottom Absorption Area Using Percola- tion Tests," are herein adopted by refer- ence and shall both be used to size SSTS infiltration areas using the larger sizing factor of the two for SSTS design. (Code 2003, § 58-72; Ord. No. 212(3rd series), § 1, 8-13-2018; Ord. No. 298(3rd series), § 4(58- 72), 3-11-2024) Sec. 5.24.630. Maintenance report. (a) Generally. Licensed maintenance busi- nesses must abide by the requirements described in Minn. R. 7083.0770, subp. 2. All written reports required by Minn. R. 7083.0770, subp. 2 must be provided to the homeowner and the health authority within 30 days after any maintenance work is performed. (b) Systems not operated under a manage- ment plan. Owners of SSTS that are not oper- ated under a management plan or operating CD5:41 co N § 5.24.630 ORONO CODE permit must inspect treatment tanks and remove (3) Alternative SSTS permitted. Outhouses, solids if needed every three years. Solids must be incinerating devices, composting devices removed when their accumulation meets the or small portable holding tank toilets are limit described in Minn. R. 7080.2450. permitted as follows: (Code 2003, § 58-73; Ord. No. 212(3rd series), a. Seasonal dwellings of less than 800 § 1, 8-13-2018) square feet in floor area. Sec. 5.24.640. Special provisions for Lake Minnetonka Islands. All lots, properties, buildings and structures on Big Island, Mahpiyata Island and Deering Island, Lake Minnetonka, shall be provided with SSTSs which comply with the requirements of this article, as amended by the following special provisions and specific exceptions pertaining to island properties: (1) Systems not required. Vacant property or property used solely for one -family seasonal recreational use of land without structures, or with accessory structures only, as permitted in the RS zoning district, need not be provided with an SSTS, provided that, at any time such property is actually in use by one or more persons for overnight or longer stays, an approved marine toilet or portable hold- ing tank toilet shall be available on the property or within a watercraft docked or moored at the property. (2) SSTS required. Each building or structure within the RS zoning district must be connected to an ISTS according to the provisions of this article as follows: a. For each principal dwelling. b. For each dwelling on a property containing two or more dwellings pursuant to a private guest cabin conditional use permit. C. For each seasonal dwelling over 800 square feet in floor area. b. Seasonal recreational use of land without structures, or with acces- sory structures only. C. Any other permitted or conditional use only upon approval of a vari- ance issued by the council. d. Outhouses shall be constructed in accordance with Minn. R. ch. 7080, except that sealed vault type outhouses shall not be permitted. e. Existing outhouses not conforming to any or all of the above require- ments shall be abandoned, filled in and the superstructure removed within ten months of notification that a noncompliant system exists. f. Island septic systems are exempt from the five bedroom minimum sizing standards for new construc- tion and may be sized for actual water use. (Code 2003, § 58-74; Ord. No. 212(3rd series), § 1, 8-13-2018) Division 7. Enforcement Sec. 5.24.710. Violation, false statement. Any person, firm, corporation or other entity who violates any of the provisions of this article or who makes any false statement on a certificate of compliance, shall be guilty of a misdemeanor, punishable by imprisonment or a fine or both, as defined by law. Each day in violation may constitute a separate violation. (Code 2003, § 58-75; Ord. No. 212(3rd series), § 1, 8-13-2018) d. For any dwelling or building which Sec. 5.24.720. Other remedies. has water plumbed inside and has a sink, toilet, tub or other plumbing In the event of a violation of this article, in fixture. addition to other remedies, the county or municipal CD5:42 N W N PUBLIC PROTECTION attorney may institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations. (Code 2003, § 58-76; Ord. No. 212(3rd series), § 1, 8-13-2018) Division 8. Fees Sec. 5.24.810. Collection for activities undertaken by health authority. The city council shall from time to time establish fees for activities undertaken by the health authority pursuant to this article. Fees shall be due and payable at a time and in a manner to be determined by the health author- ity. (Code 2003, § 58-77; Ord. No. 212(3rd series), § 1, 8-13-2018) Division 9. Severability Sec. 5.24.910. Invalidity; continued enforcement. If a provision or application of this article is held invalid, that invalidity shall not affect the validity of other provisions or applications of this article. (Code 2003, § 58-78; Ord. No. 212(3rd series), § 1, 8-13-2018) ARTICLE III. NOISE* Sec. 5.24.1010. Definitions. Words or phrases used in this article and defined in the rules of the Minnesota Pollution Control Agency Noise Pollution Control, chapter 7030, shall have the meanings given in those rules. The following words, terms and phrases, when used in this article, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meaning: Cutout and bypass mean a mechanism which varies the exhaust system gas flow so as to *State law reference —Authority relative to noise, Minn. Stats. §§ 116.07, subd. 2, 412.221, subd. 24. § 5.24.1010 discharge the exhaust gas and acoustic energy to the atmosphere without passing through the entire length of the system, including all exhaust system sound attenuation components. dB(A) means a unit of sound level expressed in decibels W13) and A -weighted. Excessive noise means the presence of any noise or combination of noises in such quantity, at such levels, or such nature and duration or under such conditions as could potentially be injurious to human health, safety or welfare or to animal life, or could interfere unreasonably with the enjoyment of life or property. Exhaust system means a combination of components which provides an enclosed flow of exhaust gas from engine parts to the atmosphere. Holiday means any day fixed by the United States or by state law for suspension of business in whole or in part. MPCA means the Minnesota Pollution Control Agency. Municipality means the city. Noise means any sound not occurring in the natural environment, including, but not limited to, sounds emanating from airways, roadways, waterways and industrial, commercial and residential sources. Noise control officer means any of the city employees authorized to issue citations as listed in section 1.08.020. Person means any individual, firm, partner- ship, corporation, trustee, association, the state and its agencies and subdivision, or any body of persons whether incorporated or not. With respect to acts prohibited or required in this article, the term "person" includes employees and licensees. Weighted and A -weighted mean a specific weigh- ing of the sound pressure level for the purpose of determining the human response to sound. The specific weighing characteristics and tolerances are those given in American National Standards Institute 1.4-1983, section 5.1. (Code 2003, § 58-116; Ord. No. 155(2nd series), § 8(9.24(1)), 2-10-1997) CD5:43 M N § 5.24.1020 ORONO CODE Sec. 5.24.1020. Enforcement and penalties. investigations and inspections in accordance with law as required in applying the provisions of this (a) Notice. article. (1) When the noise control officer, after appropriate testing has been done, determines that a noise exceeds the maximum sound level permitted under this article, or otherwise constitutes a nuisance, the noise control officer shall give written notice of the violation to the owner or occupant of the premises where the noise originates, and order such person to correct or remove each specified viola- tion within such reasonable time as is prescribed in the notice. (2) In all other cases, the noise control officer or the city's law enforcement officer may demand immediate termination of the excessive noise. Failure to adhere to such demand would subject the violator to appropriate criminal enforcement procedures. (b) Penalties. Any person violating this article or any of its sections shall be guilty of a misdemeanor. (Code 2003, § 58-117; Ord. No. 155(2nd series), § 8(9.24(7)), 2-10-1997) Sec. 5.24.1030. Powers and duties of noise control officer. (a) Administering officer: The noise control program established by this article shall be administered by the noise control officer. (b) Testing procedures. The noise control officer shall adopt guidelines establishing the test procedures and instrumentation used in enforc- ing the provisions of this article. A copy of such guidelines shall be kept in the office of the city clerk and shall be available to the public for reference during business hours. (c) Investigation and inspection. The noise control officer, with the assistance of other profes- sional agencies or persons as may be necessary, shall conduct all research monitoring and other studies related to sound as are necessary in order to enforce this article and shall make all (d) Noise impact statements. The noise control officer may require any person applying to the city for a change in zoning, permit, license for any structure, operation, process, installation, or alteration or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the officer. Each such statement shall be reviewed to ascertain whether the granting of such change in zoning, permit or license would result in the violation of any provision of this article. Reviews of noise impact statements shall be made by the noise control officer, and recommendations shall be made to the city council. (e) Other powers and duties. The noise control officer shall exercise such other powers and perform such other duties as are reasonable and necessary to enforce the provisions of this article. (Code 2003, § 58-118; Ord. No. 155(2nd series), § 8(9.24(6)), 2-10-1997) Sec. 5.24.1040. General noise standards. (a) Incorporation by reference. The MPCA Noise Rule, chapter 7030.0010 through 7030.0080, and all amendments and supplements are referred to, adopted and incorporated by reference, and made a part of this article. A current copy shall be available for public inspection through the city clerk's office. (b) Maximum noise levels by receiving land use districts. No person shall operate or cause or permit to be operated any source of noise in such a manner as to create a noise level outdoors exceeding the dB limit set in Table 1 for the receiving land use district specified. Table 1. Sound Levels by Receiving Land Use Districts Day Night Land Use (7:00 a.m.— (10:00 p.m. — District 10:00 p.m.) 7:00 a.m.) Residential 65 dB(A) 55 dB(A) Commercial 70 dB(A) 70 dB(A) Industrial 70 dB(A) 70 dB(A) CD5:44 co N PUBLIC PROTECTION § 5.24.1050 (c) Exemptions. radio receiving set, musical instrument, (1) The levels prescribed in subsection (b) of phonograph, television, paging system, this section shall not apply to special machine or other device for production or events which have been granted a noise reproduction of sound in a distinctly and standards exemption by the city council. loudly audible manner so as to disturb Application for such exemption shall be the peace, quiet and comfort of any person made in a timely manner prior to the nearby. Operation of any such set, instru- event and may be approved if the city ment, phonograph, machine or other council finds that the proposed event will device between the hours of 10:00 p.m. not adversely affect the citizens of the and 7:00 a.m., in such a manner as to be city, and is otherwise consistent with the plainly audible at the property line of the public health, safety and welfare of the structure or building in which it is located, city. in the hallway or apartment adjacent, or at a distance of 50 feet if the source is (2) The levels do not apply to trains operat- located outside a structure or building, ing on the existing train tracks through shall be prima facie evidence of a viola - the city so long as the use complies with tion of this subsection. all other applicable county, state and (4) Social gatherings. federal standards and the use is not in any way expanded in terms of scope or a. No person shall participate in any duration. party or other gathering of people (Code 2003, § 58-119; Ord. No. 155(2nd series), giving rise to noise which disturbs § 8(9.24(2)), 2-10-1997) the peace, quiet or repose of the occupants of adjoining or other See. 5.24.1050. Prohibited noises. property. When a police officer determines that a gathering is creat- The city council declares that excessive noise ing such noise disturbance, the officer that unreasonably disturbs the peace, quiet or may order all persons present, other repose of persons of ordinary sensibility is a than the owner or tenant of the misdemeanor. No person shall make or cause to premises where the disturbance is be made any excessive noise nor as follows: occurring, to disperse immediately. (1) Horns, audible signaling devices, etc. No No persons shall refuse to leave person shall sound any signaling device after being ordered by a police officer on any vehicle except as a warning of to do so. Every owner or tenant of danger. such premises who has knowledge of the disturbance shall cooperate (2) Engine exhausts. No person shall with police officers and shall make discharge the exhaust or permit the every reasonable effort to see that discharge of the exhaust of any steam the disturbance is abated. engine, stationary internal combustion engine, motorboat, motor vehicle, b. A violation of this article shall be motorcycle, all -terrain vehicle, snowmobile deemed to be the act of the owner of or any recreational device except through the residential dwelling unit wherein a muffler or other device that effectively it occurs as well as the persons on prevents loud or explosive noises and the premises who violate the article, complies with all applicable state laws, except that the owner of the dwell - regulations and this article. ing unit occupied by others shall be liable only for those violations occur- (3) Radios, phonographs, televisions, paging ring after a written notice of the systems, etc. No person shall use or oper- violation of this article shall have ate or permit the use or operation of any been received. CD5:45 CD N § 5.24.1050 ORONO CODE (5) Loudspeakers, amplifiers, etc. No person shall operate or permit the use or opera- tion of any loudspeaker, sound amplifier, or other device for the production or reproduction of sound on a street or other public place for the purpose of attracting the attention of the public. (6) Schools, churches, hospitals. No person shall create any excessive noise on a street, alley or public grounds adjacent to a school, church or hospital. (7) Human noise. No person shall engage in yelling, shouting, screaming, whistling or singing at any time or place so as to annoy or disturb the quiet, comfort or repose of any persons in any residence or dwelling in the vicinity of the source. (8) Loading, unloading, unpacking. No person shall create loud or excessive noise in loading, unloading or unpacking any vehicle. (Code 2003, § 58-120; Ord. No. 155(2nd series), § 8(9.24(3)), 2-10-1997) State law reference —Similar provisions, Minn. Stats. § 169,68, Sec. 5.24.1060. Hourly restriction for certain operations. The uses described in this section shall be limited to the times noted and as summarized in Table 2: (1) Domestic power equipment. No person shall operate a garden or lawn tractor, power lawn mower, power hedge clipper, chainsaw, mulcher, garden tiller, edger, power device for bug eradication, drill, or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 8:00 a.m, and 8:00 p.m. on weekends and holidays. Snow removal equipment is exempt from this provision. (2) Refuse hauling. No person shall collect or remove garbage or refuse in any residential district except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 8:00 a.m. and 8:00 p.m. on any weekend or holiday. (3) Construction activities. No person shall engage in or permit construction activi- ties involving the use of any electric, diesel or gas -powered machine or other power equipment except between the hours of 7:00 a.m. and 8:00 p.m. weekdays or between the hours of 8:00 a.m. and 8:00 p.m. on any weekend or holiday. Table 2. Hourly Restrictions for Certain Operations Activity Times Allowed on Weekdays Times Allowed on Weekends and Holidays Operate domestic power equipment 7:00 a.m.-10:00 p.m. 8:00 a.m.-8:00 p.m. Refuse hauling 7:00 a.m.-10:00 p.m. 8:00 a.m.-8:00 p.m. Construction activities 7:00 a.m.— 8:00 p.m. 8:00 a.m. - 8:00 p.m. (Code 2003, § 58-121; Ord. No. 155(2nd series), § 8(9.24(4)), 2-10-1997) Sec. 5.24.1070. Exception for emergencies. restore public service or eliminate a public hazard shall be exempt from the provisions of this (a) Emergency work. Noise created exclusively article for a period not to exceed 48 hours after in the performance of emergency work to preserve the work is commenced. Persons responsible for the public health, safety or welfare or in the such work shall inform the noise control officer performance of emergency work necessary to of the need to initiate such work or, if the work is CD5:46 W c.0 N PUBLIC PROTECTION commenced during nonbusiness hours of the city, at the beginning of business hours of the first day thereafter. Any person responsible for such emergency work shall take all reasonable actions to minimize the amount of noise and its dura- tion. (b) Emergency vehicle sirens and civil defense systems. Sound produced by machines or devices for the production of sound on or in emergency vehicles and warning signals or systems for civil defense and public safety are exempt from this article. (Code 2003, § 58-122; Ord. No. 155(2nd series), § 8(9.24(5)), 2-10-1997) ARTICLE IV. OPEN BURNING* Division 1. Generally Sec. 5.24.1110. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Fire department training fires means a fire used for the purpose of fire department training under the conditions of a permit from the state pollution control agency. Large brush disposal fire means a fire set with approved starter fuel no more than 15 feet in diameter and six feet in height using any clean dry wood, producing minimal smoke, odor or soot beyond the property line; conducted with an adult tending the fire site at all times; extinguished completely before leaving the site; and respecting weather conditions, neighbors, burning bans, and air quality so that nuisance, health or safety hazards will not be created. A minimum lot size of five acres is required for large brush disposal fires. Large brush disposal fire sites shall not be located closer than 150 feet to any structure or 75 feet from any lot line. An adequate water supply for fire suppression purposes must be provided. Only materials gener- *State law reference —Open burning, Minn. Stats. § 88.171. § 5.24.1110 ated on the site may be burned. Burning of materials brought onto the property from other sites is prohibited. Native prairie restoration fires means fires used for the purposes of native prairie maintenance conducted under the supervision of qualified individuals or firms specializing in this type of work. Open burning means the burning of any matter if the resultant combustion products are emitted directly to the atmosphere without passing through a stack, duct or chimney. The term "open burning" includes brush disposal fires of any size, fires for fire department training purposes, and fires for maintenance of native prairie areas. Recreational fire means a fire set with approved starter fuel no more than three feet in height and diameter, using dry, clean wood; producing little detectable smoke, odor or soot beyond the property line; conducted with an adult tending the fire at all times; for recreational, ceremonial, food preparation or social purposes; extinguished completely before quitting the occasion; and respecting weather conditions, neighbors, burn- ing bans, and air quality so that nuisance, health or safety hazards will not be created. Approved mobile cooking devices such as manufactured hibachis, charcoal grills, wood smokers and propane or natural gas devices are not defined as recreational fires. Recreational fires are allowed on any size lot, provided that all other permit conditions can be met. Recreational fire sites shall not be located closer than 50 feet to any structure or 25 feet from any lot line. An adequate water supply for fire suppression purposes must be provided. Small brush disposal fire means a fire set with approved starter fuel no more than eight feet in diameter and four feet in height using any clean dry wood, producing minimal smoke, odor or soot beyond the property line; conducted with an adult tending the fire site at all times; extinguished completely before leaving the site; and respecting weather conditions, neighbors, burning bans, and air quality so that nuisance, health or safety hazards will not be created. A minimum lot size of two acres is required for CD5:47 I, - CD N § 5.24.1110 ORONO CODE small brush disposal fires. Small brush disposal fire sites shall not be located closer than 75 feet to any structure or 50 feet from any lot line. An adequate water supply for fire suppression purposes must be provided. Only materials gener- ated on the site may be burned. Burning of materials brought onto the property from other sites is prohibited. Starter fuels means dry, untreated, unpainted kindling, branches or cardboard, or charcoal fire starter. Paraffin candles and alcohols are permit- ted as starter fuels and as aids to ignition only. Propane gas torches or other clean gas -burning devices causing minimal pollution should be used to start an open burn. Wood means dry, clean fuel only as twigs, branches, limbs, presto logs, charcoal, or cord- wood. The term "wood" does not include wood that is green, with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue or preserva- tives. (Code 2003, § 58-156; Ord. No. 167(2nd series), § 2(9.30(2)), 1-12-1998; Ord. No. 184(3rd series), § 1, 1-9-2017) Sec. 5.24.1120. Purpose. The purpose of this article is to establish permitted categories of open burn events within the city and to provide for a permitting process for burning. (Code 2003, § 58-157; Ord. No. 167(2nd series), § 2(9.30(1)), 1-12-1998) Sec. 5.24.1130. Burning ban or air quality alert. No recreational fire or open burn will be permitted when the city staff, fire chief, fire marshal, police chief or DNR has officially declared a burning ban due to potential hazardous fire conditions or when the MPCA has declared an air quality alert. (Code 2003, § 58-158; Ord. No. 167(2nd series), § 2(9.30(13)), 1-12-1998) Sec. 5.24.1140. Reference. Minn. Stats. §§ 88.16 to 88.17 and 88.171 and the Minnesota Uniform Fire Code are adopted by reference and made a part of this article as if fully set forth in this section. (Code 2003, § 58-159; Ord. No. 167(2nd series), § 2(9.30(14)), 1-12-1998) Sec. 5.24.1150. Liability. Any person conducting open burning within the city shall be responsible for any costs incurred by the city, the fire department, and any adjoin- ing property owners as a result of the burn, including, but not limited to, fire suppression costs, property damage, personal injury and administrative fees. (Code 2003, § 58-160; Ord. No. 167(2nd series), § 2(9.30(16)), 1-12-1998) Sec. 5.24.1160. Prohibited materials. (a) No person shall conduct, cause or permit open burning of refuse, leaves, oils, petrol fuels, rubber, plastics, chemically treated materials, or other materials which produces excessive or noxious smoke, such as tires, railroad ties, treated, painted or glued wood, composite shingles, tar paper, insulation, composition board, sheetrock, wiring, paint or paint fillers. (b) No person shall conduct, cause or permit open burning of hazardous waste or salvage operations, or open burning of solid waste gener- ated from an industrial or manufacturing process or from a service or commercial establishment or building material generated from demolition of structures. No person shall conduct, cause or permit open burning of discarded material result- ing from the handling, processing, storage, preparation, serving or consumption of food. (Code 2003, § 58-161; Ord. No. 167(2nd series), § 2(9.30(3)), 1-12-1998) Sec. 5.24.1170. Hours for burning permit- ted. Open burning is allowed only during the hours between 7:00 a.m. and 11:00 p.m. (Code 2003, § 58-162; Ord. No. 167(2nd series), § 2(9.30(9)), 1-12-1998) CD5:48 co c.0 N PUBLIC PROTECTION Division 2. Permit Sec. 5.24.1210. Required. No person shall start or allow any open burn- ing on any property in the city without first having obtained an open burning permit. (Code 2003, § 58-186; Ord. No. 167(2nd series), § 2(9.30(4)), 1-12-1998) Sec. 5.24.1220. Application; fees. (a) Open burning permits shall be obtained by making application on a form prescribed and adopted by the city. (b) An open burning permit may require a nonrefundable application fee. Permit fees shall be set annually by city council resolution. However, the city council may at other times amend its resolution setting the fees as it deems necessary. The fees established by city council resolution shall continue to be the required fee until amended by a resolution. Fees collected shall be retained by the city for administrative costs of issuing permits. (Code 2003, § 58-187; Ord. No. 167(2nd series), § 2(9.30(6)), 1-12-1998) Sec. 5.24.1230. Permit process for open burning. (a) Upon receipt of the completed open burn- ing permit application and permit fee, a city staff person shall determine that the requirements for open burning under this article are satisfied. Thereafter, a permit may be issued. (b) Open burning inspection requirements include an inspection of the initial burn site by city staff before a permit is issued. Reinspection of the site is required before conducting any additional burns within the permit time limits. (c) Notification requirements include notify- ing the police department for any open burn. For small and large brush disposal fires, fire depart- ment training fires, and native prairie restora- § 5.24.1250 tion fires, in addition to notifying the police department, the fire department having jurisdic- tion must also be notified. (Code 2003, § 58-188; Ord. No. 167(2nd series), § 2(9.30(7)), 1-12-1998; Ord. No. 184(3rd series), § 2, 1-9-2017) Sec. 5.24.1240. Denial. (a) If established criteria for the issuance of an open burning permit are not met or, during review of the application, it is determined that a practical alternative method of disposal of the material exists, or a pollution or nuisance condi- tion would result, or if a burn event safety plan cannot be drafted to the satisfaction of city staff, the city staff person may deny the open burning permit application. (b) Applications for an open burning permit within six months of the revocation of a previous permit will be denied. This six-month moratorium will apply to both permits issued to the same applicant or for the same property. (Code 2003, § 58-189; Ord. No. 167(2nd series), § 2(9.30(12)), 1-12-1998) Sec. 5.24.1250. Grounds for issuance. Open burn permits may be issued only for the following purposes: (1) Elimination of fire or health hazard that cannot be abated by other practical means. (2) Ground thawing for utility repair and construction. (3) Disposal of vegetative matter for manag- ing forest, prairie or wildlife habitat, and in the development and maintenance of land and rights -of -way where chipping, composting, landspreading or other alternative methods are not practical. (4) Disposal of diseased trees generated on the site, diseased or infected nursery stock, diseased beehives. (5) Fires for the purpose of fire department training. Fires for training purposes require a permit from the state pollution control agency and the city. (Code 2003, § 58-190; Ord. No. 167(2nd series), § 2(9.30(5)), 1-12-1998; Ord. No. 184(3rd series), § 3, 1-9-2017) CD5:49 co N § 5.24.1260 ORONO CODE Sec. 5.24.1260. Time period for permits. Open burning permits are valid for 60 days from the date of issuance. (Code 2003, § 58-191; Ord. No. 167(2nd series), § 2(9.30(8)), 1-12-1998; Ord. No. 184(3rd series), § 4, 1-9-2017) Sec. 5.24.1270. Permit holder responsibil- ity. (a) Prior to starting an open burn, the permit holder shall be responsible for confirming that no burning ban or air quality alert is in effect. Every open burn event shall be constantly attended by the permit holder or his competent adult representative. The open burn fire shall be completely extinguished before the permit holder or his representative leaves the site. It is the responsibility of the permit holder to have a valid permit, as required by this division, avail- able for inspection on the site by the city staff, police department, state pollution control agency, or department of natural resources. (b) The permit holder is responsible for compli- ance and implementation of all general condi- tions, special conditions and the burn event safety plan as established in the permit issued. (Code 2003, § 58-192; Ord. No. 167(2nd series), § 2(9.30(10)), 1-12-1998) Sec. 5.24.1280. Revocation. (a) The open burning permit is subject to revocation at the discretion of the state pollution control agency, department of natural resources, the fire chief, city staff or the police department. Reasons for revocation include, but are not limited to: (1) A fire hazard existing or developing during the course of the burn; (2) Any of the conditions of the permit being violated during the course of the burn; (3) Pollution or nuisance conditions develop- ing during the course of the burn; (4) A fire smoldering with no flame present; or (5) Burning of materials brought onto the property from another site. (b) Revocation of an open burning permit will result in a six-month moratorium for issuance of open burning permits for the applicant or subject property. (Code 2003, § 58-193; Ord. No. 167(2nd series), § 2(9.30(11)), 1-12-1998) CHAPTER 5.28. ANIMALS* ARTICLE I. IN GENERAL Sec. 5.28.010. 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: Animals means farm animals and all other animals, reptiles and feathered birds or fowl except dogs, domestic cats, gerbils, hamsters and caged household birds. Dangerous animals means any wild mammal, reptile or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics, would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. The term "dangerous animal" also means and includes any domestic mammal, reptile or fowl which, because of its size or vicious propensity or other characteristic, would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. The term "dangerous animal" does not include a dangerous dog as defined in Minn. Stats. § 347.50. Farm animals means cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honeybees. Owner means any person who owns, harbors, feeds, boards, keeps or otherwise possesses an animal, and who is the head of the household of *State law references —General authority relative to animals, Minn. Slats. § 412.221, subd. 21; animal health, Minn. Stats. ch. 35; dogs and cats, Minn. Stats. ch. 347; cruelty to animals, Minn. Stats. § 343.20 et seq. CD5:50 0 ti N PUBLIC PROTECTION the residence, or the owner or manager in charge of the establishment or premises at which an animal remains, or to which it returns. (Code 1984, § 9.13(l); Code 2003, § 62-1) Sec. 5.28.020. Interference with officers prohibited. It is unlawful for the owner of any dog to interfere with any police officer or other city employee in the performance of his duty to enforce this chapter. (Code 2003, § 62-2; Ord. No. 137(2nd series), § 9.12(11(3)), 7-24-1995) Sec. 5.28.030. Keeping. It is unlawful for any person to keep or harbor any animal, not in transit, except: (1) Farm animals kept in accordance with chapter 6.12; (2) Animals kept as part of a show licensed under this Code; (3) Animals used in a parade for which a permit has been issued; (4) Animals kept in a laboratory for scientific or experimental purposes; or (5) Animals kept in an animal hospital or clinic for treatment by a licensed veterinarian. (Code 1984, § 9.13(2); Code 2003, § 62-3) Sec. 5.28.040. Animals in transit. It is unlawful for any person to transport animals unless they are: (1) Confined within a vehicle, cage or other means of conveyance; (2) Farm animals being transported in a portion of the city zoned for rural purposes; or (3) Restrained by means of bridles, halters, ropes or other means of individual restraint. (Code 1984, § 9.13(3); Code 2003, § 62-4) § 5.28.070 Sec. 5.28.050. Animal housing; rodent and pest infestation. It is unlawful for any person to keep any animal in any structure infested by rodents, vermin, flies or insects. (Code 1984, § 9.13(5); Code 2003, § 62-5) Sec. 5.28.060. Trespasses. It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, city park, cemetery, garden or lot without specific permission from the owner. (Code 1984, § 9.13(6); Code 2003, § 62-6) Sec. 5.28.070. Regulation of horses. (a) The term "horse" as used in this section means any breed of horse, pony, mule or ass. (b) It is unlawful for any person to ride or to drive a horse after the hour of sunset and before the hour of sunrise along or crossing any public way without appropriate lighting or reflectorized clothing. (c) It is unlawful for any person to ride or drive a horse in any public park, beach, golf course or other public property, except within the right-of-way of public streets and highways, and in areas duly designated as trailways or hitching areas. (d) The city administrator shall designate and signpost those areas in public lands, parks and beaches where horses may be ridden and driven. (e) Every person riding a horse or driving a horse-drawn vehicle upon a public street shall be subject to those provisions of this Code applicable to the driver of a motor vehicle, except those provisions which by their nature can have no application. (f) It is unlawful for any person to interfere with any horse being ridden, driven or kept in a lawful manner. (Code 1984, § 9.13(13); Code 2003, § 62-7) CD5:51 ti N § 5.28.080 Sec. 5.28.080. Feeding of waterfowl. ORONO CODE (a) Statement of purpose. It has been determined that the presence of large numbers of wild waterfowl on and around ponds and lakes in the city causes a public health nuisance in and around such ponds and lakes, including the surrounding beaches and properties, which is inimical to the health and general welfare of the public. The purpose of this section is to prevent such conduct that may attract such wild waterfowl to properties in the city. (b) Feeding of wild waterfowl prohibited. No person shall feed, cause to be fed, or provide food for wild waterfowl in the city on lands either publicly or privately owned. (c) Exceptions. This section does not prohibit the temporary care or feeding of a wounded bird on one's own premises. (Code 1984, § 9.13(14); Code 2003, § 62-8) Sec. 5.28.090. Animal limits. No person shall own, harbor, keep or have custody of more than two dogs or more than four cats, over the age of six months, on his property without having first secured a residential kennel license as required in article III, division 3, subdivision II of this chapter, except individuals involved in any animal -related business. Individu- als involved in the business of selling, boarding, breeding, treating or grooming animals must receive a commercial kennel license. Animals which have been specially trained and certified to perform certain tasks, such as for the handicapped, police K-9s, search and rescue, and other designated working animals, are not counted in this requirement, nor are animals that are part of any registered foster parent program. (Code 2003, § 62-9; Ord. No. 208(2nd series), § 8, 10-22-2001) Sec. 5.28.100. Noise. (a) Disturbing peace and quiet. No person owning, operating, having charge of or occupying any building or premises shall keep or allow to be kept any animal which shall, by any noise, unreasonably disturb the peace and quiet of any person in the vicinity. The term "unreasonably disturb the peace and quiet" shall include, but is not limited to, the creation of any noise by any animal which can be heard by any person, including the animal control officer or a law enforcement officer, from a location outside of the building or premises where the animal is being kept and which animal noise occurs repeat- edly over at least a five-minute period of time with one minute or less lapse or time between each animal noise during the five-minute period. (b) Complaint. Any person may call or deliver a complaint to the animal control officer, stating facts and circumstances of an alleged violation of this section. The animal control officer shall investigate such complaint. If a violation occurs in the presence of the animal control officer, a summons may be issued. If probable cause of a violation exists, which violation did not occur in the presence of the animal control officer, all reports, witness statements and evidence may be submitted to the city prosecuting attorney for a formal complaint. (Code 2003, § 62-10; Ord. No. 137(2nd series), § 9.12(14), 7-24-1995; Ord. No. 208(2nd series), § 8, 10-22-2001) ARTICLE II. ADMINISTRATION AND ENFORCEMENT Division 1. Generally Sec. 5.28.210. Immobilization of animals. For the purpose of enforcement of this chapter, any animal control officer or law enforcement officer may use a so-called tranquilizer gun or other instrument for the purpose of immobilizing and catching an animal. (Code 2003, § 62-41; Ord. No. 137(2nd series), § 9.12(12), 7-24-1995; Ord. No. 208(2nd series), § 7, 10-22-2001) Division 2. Impoundment Sec. 5.28.310. Animal pound. (a) Any dog found in the city without a tag, or any animal running at large, shall be placed in the animal pound; and an accurate record of the CD5:52 N ti N PUBLIC PROTECTION time and such placement shall be kept on each animal. Every animal so placed in the animal pound shall be held for redemption by the owner for a period of not less than ten regular business days unless a veterinarian authorizes its immedi- ate destruction. A regular business day is one during which the pound is open for business to the public for at least four hours between 8.00 a.m. and 7:00 p.m. Impoundment records shall be preserved for a minimum of three years and shall show the: (1) Description of the animal by species, breed, sex, approximate age and other distinguishing traits; (2) Location at which the animal was seized; (3) Date of seizure; (4) Name and address of the person from whom any animal three months of age or over was received; and (5) Name and address of the person to whom any animal three months of age or over was transferred. (b) If unclaimed, such animal shall be humanely destroyed and the carcass disposed of, unless it is requested by a licensed educational or scientific institution under authority of Minn. Stats. § 35.71. However, if a tag affixed to the animal, or a statement by the animal's owner after seizure specifies that the animal should not be used for research, such animal shall not be made available to any such institution but may be destroyed after the expiration of the ten-day period. Animals raised for food or fiber products shall not be seized or disposed of without prior examination by a licensed veterinarian pursuant to a warrant issued by a judge. (Code 2003, § 62-66; Ord. No. 137(2nd series), § 9.13(8), 7-24-1995) Sec. 5.28.320. Biting animals. Any dog having bitten a person or other animal shall be forthwith impounded for the period of rabies incubation. (Code 2003, § 62-67; Ord. No. 137(2nd series); § 9.12(2), 7-24-1995) § 5.28.420 Sec. 5.28.330. Notice of impounding. Upon the impounding of any dog, the owner shall be notified, or, if the owner is unknown, written notice shall be posted for five days at the city hall describing the dog and the place and time of taking. (Code 2003, § 62-68; Ord. No. 137(2nd series), § 9.12(8), 7-24-1995) Sec. 5.28.340. Release from animal pound. Dogs shall be released to their owners, as follows: (1) If such dog is owned by a resident of the city, after purchase of a license and pay- ment of the impounding fees. (2) If such dog is owned by a person not a resident of the city, after immunization of any such dog for rabies and payment of the impounding fee for the period for which the dog was impounded. (Code 2003, § 62-69; Ord. No. 137(2nd series), § 9.12(9), 7-24-1995) ARTICLE III. DOGS AND CATS* Division 1. Generally Sec. 5.28.410. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Owner means a person who owns, harbors, feeds, boards or keeps a dog or cat. (Code 2003, § 62-101; Ord. No. 137(2nd series), § 9.12(1), 7-24-1995; Ord. No. 208(2nd series), § 6, 10-22-2001) Sec. 5.28.420. Owning dangerous dogs. It is unlawful for the owner of any dog to own or keep a dog which is dangerous, i.e., any such dog which has caused injury to persons or property. (Code 2003, § 62-102; Ord. No. 137(2nd series), § 9.12(11(2)), 7-24-1995) *State law reference —Dogs and cats, Minn. Stats. ch. 347. CD5:53 M ti N § 5.28.430 Sec. 5.28.430. Warning of vicious dogs. ORONO CODE The owner of any dog known to be of vicious habits shall place in plain view of the entrance of the premises a sign no smaller than 12 inches by 14 inches which shall read "Beware of Vicious Dog" in letters at least two inches in height. (Code 2003, § 62-103; Ord. No. 137(2nd series), § 9.12(13), 7-24-1995) Sec. 5.28.440. Running at large prohibited. It is unlawful for the owner of any dog to permit such animal to run at large. Any dog shall be deemed to be running at large with the permission of the owner unless: (1) It is on a durable leash secured to an object which it cannot move and is on the premises of the owner. (2) On a leash and under the control or within ten feet and under the effective command of the accompanying person of suitable age and discretion. (3) In the owners' fenced yard or other suit- able enclosure where the dog cannot leave without human assistance. (4) In the owner's yard and under effective command of an accompanying person of suitable age and discretion present outside in the yard. (5) In a vehicle from which the dog cannot leave without human assistance, provided it is not left unattended in violation of law. (6) In an area designated as an off leash area, provided that the person having custody of the animal is present with the animal, has in his/her possession the required off leash permit, and is acting in compliance with the rules and regula- tions of the off leash areas. (Code 2003, § 62-104; Ord. No. 137(2nd series), § 9.12(2), 7-24-1995; Ord. No. 176(3rd series), § 3, 8-22-2016) Sec. 5.28.450. Defecating on property of another prohibited. It is unlawful for the owner of any dog to fail to prevent such dog from defecating in or upon public property or the premises of another, or to permit solid waste of a dog to accumulate on its owner's premises for more than 24 hours. (Code 2003, § 62-105; Ord. No. 137(2nd series), § 9.12(11(4)), (11(5)), 7-24-1995) Division 2. Kennels* Subdivision I. In General Sec. 5.28.610. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial kennel means any place or premises where three or more dogs over six months of age are kept or housed at any one time for commercial purposes, including sale, board- ing, breeding, grooming, training or medical care. Kennel structure means a dog house or enclosure of any kind, including a fenced pen or dog run, constructed, maintained or used for purposes of keeping, housing or restraining one or more dogs in a limited area. A fenced -in yard area amounting to 600 square feet or more per dog shall not be defined as a kennel structure. Residential kennel means an accessory residential use or place where three or more dogs or five or more cats over six months of age are kept or housed for the sole noncommercial use, benefit or enjoyment of the property owner or occupant. (Code 1984, § 5.36(1); Code 2003, § 62-161; Ord. No. 208(2nd series), § 1, 10-22-2001) Subdivision II. License Sec. 5.28.710. Required. (a) It is unlawful for any person to own, operate, use, maintain or allow to exist any kennel on any property without a license from the city in accordance with this subdivision. *State law reference Kennel licenses, Minn. Stats. § 347.31 et seq. CD5:54 ti N PUBLIC PROTECTION (b) It is unlawful for any person to own, harbor, keep or house three or more dogs, or five or more cats, over six months of age on any one lot or property without a valid residential or commercial kennel license. (c) It is unlawful for any person to operate any kennel for business or commercial purposes, including sale, boarding, breeding, grooming, training or medical care, without a valid com- mercial kennel license. (d) It is unlawful for any person to construct, keep, maintain or use a kennel structure for one or more dogs without a valid residential or commercial kennel license; except that kennel structures used for not more than two dogs over six months of age need not be licensed if the kennel structure is located in a side or rear yard and is not less than 30 feet away from any property line. (Code 1984, § 5.36(2); Code 2003, § 62-181; Ord. No. 208(2nd series), § 2, 10-22-2001) Sec. 5.28.720. Standards. All kennel licenses are permissive only, grant- ing limited authority to the licensee according to the provisions of each license. Kennel licenses may be issued by the city clerk only after review and approval by the council. The council shall review each kennel license application for pertinent facts and circumstances, including, but not limited to, location in the city, zoning, lot size, number of animals, existing or proposed kennel facilities, including location on the lot, kennel maintenance, sanitation, keeping too many animals, nuisance complaints, excessive noise, running at large, odors perceptible beyond the property line, commercial activities occurring at a residential kennel or any previous animal or kennel license violations by the applicant. (Code 1984, § 5.36(4); Code 2003, § 62-182; Ord. No. 208(2nd series), § 3, 10-22-2001) Sec. 5.28.730. Residential kennel license standards and require- ments. Residential kennel licenses are intended as a special privilege to be granted upon a showing that the keeping of more than the allowed § 5.28.750 amount of animals and/or a kennel structure location will not be a public nuisance or otherwise adversely affect neighboring persons or property. The council shall have the authority to limit the maximum number of animals kept at any residential kennel based upon the kennel standards listed in section 5.28.720. No residential kennel license shall be granted unless the property contains a proper kennel structure or is otherwise fenced to prevent the dogs from running at large. Nothing in this chapter shall preclude the breed- ing of licensed dogs kept at a residential kennel, the sale of offspring, the occasional sale of licensed dogs, or the private grooming, training or medi- cal care of such dogs on the premises. (Code 1984, § 5.36(5); Code 2003, § 62-183; Ord. No. 208(2nd series), § 4, 10-22-2001) Sec. 5.28.740. Commercial kennel license standards and require- ments. New commercial kennel licenses shall be issued only for property that is properly zoned for business purposes or for rural residential property of sufficient acreage to comply with chapter 6.12. No commercial kennel license shall be granted unless the property contains a kennel structure and other enclosed buildings sufficient to oper- ate the business without nuisance or other adverse effects on neighboring properties. (Code 1984, § 5.36(6); Code 2003, § 62-184) Sec. 5.28.750. License period. All kennel licenses shall expire on December 31 of each year. Application for renewal of an existing kennel license shall be made to the city clerk at least 30 days prior to the expiration date. (Code 1984, § 5.36(3); Code 2003, § 62-185) CD5:55 L0 ti N § 5.28.810 ORONO CODE ARTICLE IV. DANGEROUS ANIMALS* Division 1. Generally (Reserved) Division 2. Permit Sec. 5.28.810. Required. It is unlawful for any person to keep or maintain any dangerous animal without a special permit from the city. No such permit shall be issued for a period exceeding one year, and such permit shall specify the conditions under which such animal shall be kept. (Code 1984, § 9.13(9); Code 2003, § 62-241) Sec. 5.28.820. Exception. The provisions of this division shall not apply to the keeping of dangerous animals in the following cases: securely so that the keeping of such animal will not constitute the danger to human life or property of others. (2) Adequate safeguards are made to prevent unauthorized access to such animals by members of the public. (3) The health or well-being of the animal is not in any way endangered by the manner of keeping or confinement. (4) The keeping of such animal does not constitute a nuisance and will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood. (5) The keeping of such animal will not create or cause offensive odors or constitute a danger to public health. (1) The keeping of such animal for exhibi- (6) The quarters in which such animal is tion to the public by a traveling circus, kept or confined are adequately lighted, carnival or other exhibit or show holding ventilated and are so constructed that a permit issued by the commissioner of they may be kept in a clean and sanitary natural resources pursuant to Minn. Stats. condition. § 97A.041. (2) The keeping of such animals in a licensed veterinary hospital for treatment. (3) Dangerous or poisonous reptiles maintained by a bona fide educational or medical institution for the purpose of instruction or study, provided such reptiles are securely confined and are properly cared for in a manner satisfactory to the chief of police. (Code 1984, § 9.13(12); Code 2003, § 62-242) Sec. 5.28.830. Grounds for granting of permit. The chief of police shall issue a special permit for the purpose of keeping or maintaining a dangerous animal if it is found that: (1) The animal is at all times kept or maintained in a safe manner and confined *State law reference —Dangerous dogs, Minn. Stats. § 347.50 et seq. (7) The applicant for such special permit proves his ability to respond in damages to and including the amount of $100,000.00 for bodily injury to or death of any person or persons or for the damage to property owned by any other persons which may result in the ownership, keep- ing or maintenance of such animal. Proof of liability to respond in damages may be given by filing with the chief of police a certificate of insurance stating that the applicant is, at the time of his applica- tion, and will be, during the period of such special permit, insured against liability to respond in such damages, or by posting with the city a surety bond, approved by the city attorney, in the amount of $1,000,000.00 conditioned upon the payment of such damages during the period of such special permit. Such certificate of insurance or bond shall provide that no cancellation of the insur- CD5:56 to ti N PUBLIC PROTECTION ance or bond will be made unless ten days' written notice is first given to the city. (Code 1984, § 9.13(9); Code 2003, § 62-243) Sec. 5.28.840. Investigation required. The chief of police, in investigating any applicant for a special permit under this division or any enforcement of this division, is authorized to consult with and seek the advice of the Society for the Prevention of Cruelty to Animals; the Humane Society; any representative of the animal control center of the county, if there is one; or any other individual, agency, organization or society which may be able to provide information and advice concerning the keeping of dangerous animals. (Code 1984, § 9.13(10); Code 2003, § 62-244) Sec. 5.28.850. Permit fee. Upon compliance with all provisions of this division, a special permit shall be issued for an annual fee adopted by ordinance, provided that such permit shall not be issued for the keeping of more than two dangerous animals at any single location. (Code 1984, § 9.13(11); Code 2003, § 62-245) CHAPTER 5.32. TRAFFIC AND VEHICLES* ARTICLE I. IN GENERAL Sec. 5.32.010. Scope. The provisions of this chapter relate exclusively to the streets, alleys and private roads in the city; and the operation and parking of vehicles refer exclusively to the operation and parking of vehicles upon such streets, alleys and private roads. (Code 1984, § 6.03(1); Code 2003, § 66-1) State law reference —Similar provisions, Minn. Stats. § 169.02, subd. 1. *State law references —Traffic regulations, Minn. Stats. ch. 169; powers of local authorities, Minn. Stats. § 169.04. Sec. 5.32.020. Application. § 5.32.060 The provisions of this chapter are applicable to the drivers of all vehicles and animals upon streets and private roads, including, but not limited to, those owned or operated by the United States, the state, or any county, town, city, district or other political subdivision. (Code 1984, § 6.02; Code 2003, § 66-2) State law reference —Similar provisions, Minn. Stats. § 169.03, subd. 1. Sec. 5.32.030. Certain statutes adopted by reference. Except as otherwise provided in this chapter, Minn. Stats. chs. 169 and 171 are incorporated in this chapter and adopted by reference, includ- ing the penalty provisions of such chapters. (Code 1984, § 7.01; Code 2003, § 66-3) Sec. 5.32.040. Motorized vehicles prohibited on sidewalks and trails. It is unlawful for any person to drive or operate a motorized vehicle on any public sidewalk or public property designated for use as a pedestrian walkway or bicycle trail, except when crossing for ingress and egress to private property lying on the other side and for the purpose of snow removal. (Code 1984, § 6.14; Code 2003, § 66-4) Sec. 5.32.050. Driving through private property to avoid traffic signal. It is unlawful for any person to avoid obedi- ence to any traffic control device by driving upon or through private property. (Code 1984, § 7.13; Code 2003, § 66-5) Sec. 5.32.060. Truck routes. (a) Generally. It is unlawful for any person to drive a tractor, agricultural implement, truck over 9,000 pounds gross vehicle weight, truck - trailer, tractor -trailer or truck -tractor in through traffic upon any street except those which have been designated and signposted as truck routes or are state, county or improved municipal state aid streets. For the purpose of this chapter, the CD5:57 § 5,32.060 ORONO CODE term "through traffic" means originating without ARTICLE II. ADMINISTRATION AND the city and with a destination without the city, ENFORCEMENT as distinguished from the term "local traffic" which means traffic either originating or having Sec. 5.32.110. Traffic and parking signs a destination within the city. and signals. (b) Posted no trucks. It is unlawful for any person to drive a tractor, agricultural imple- ment, truck, truck -trailer, or tractor -trailer over 9,000 pounds gross vehicle weight on any city - owned -and -maintained street that is posted "No Trucks" when such designation is approved by the council. (c) Exemptions. The following motor vehicles are exempted from the provisions of this section: (1) School buses. (2) Emergency vehicles. (3) Trucks serving residential properties on that street. (4) City maintenance vehicles. (Code 1984, § 7.10; Code 2003, § 66-6) State law reference —Authority to designate truck routes, Minn. Stats. § 169.87, subd. 1. Sec. 5.32.070. Exhibition driving. (a) Prima facie evidence. It is prima facie evidence of exhibition driving when a motor vehicle stops, starts, accelerates, decelerates or turns at an unnecessary rate of speed so as to cause tires to squeal, gears to grind, soil to be thrown, the engine to backfire, fishtailing or skidding, or, as to two -wheeled or three -wheeled motor vehicles, the front wheel to lose contact with the ground or roadway surface. (b) Unlawful act. It is a misdemeanor for any person to do any exhibition driving on any street, parking lot, or other public or private property, except when an emergency creates the necessity for such operation to prevent injury to persons or damage to property. This section shall not apply to driving on a racetrack. (Code 1984, § 7.12; Code 2003, § 66-7) State law reference —Careless or reckless driving, Minn. Stats. § 169.13. The public services department and the chief of police are authorized to erect such traffic or parking control devices as may be necessary or desirable to preserve public safety and the orderly movement of traffic; and when traffic and park- ing control is marked or signposted, such mark- ing or signposting shall attest to authorization. The city may require the erection or removal of signs on private roads at the expense of the private road owner. Except as otherwise required by the city, private road owners may erect, regulate and privately enforce other traffic and parking restrictions within the private road right- of-way. (Code 1984, § 6.04(1); Code 2003, § 66-41) State law references —Authority to regulate traffic by means of traffic control signals, Minn. Stats. § 169.04(2); obedience to traffic control devices, Minn. Stats. § 169.06(4). Sec. 5.32.120. Left turns prohibited. The chief of police may, in his discretion, and with the consent of the council, prohibit left turns entirely, or during specified hours, at certain intersections. (Code 1984, § 7.11; Code 2003, § 66-42) Sec. 5.32.130. Loading zones. The council may, by resolution, establish load- ing zones to be used for the specific purpose of loading or unloading merchandise from a com- mercial vehicle or vehicle temporarily being utilized in the transport of merchandise. Such loading zones shall be installed by order of the city where in the judgment of the council a commercial loading zone is justified, and duly signposted. (Code 1984, § 8.43; Code 2003, § 66-43) Sec. 5.32.140. Impounding and removing vehicles. When any police officer finds a vehicle stand- ing upon a street or city -owned parking lot in violation of any parking regulation, such officer CD5:58 00 ti N PUBLIC PROTECTION is hereby authorized to require the driver or other person in charge of such vehicle to remove the vehicle to a position in compliance with this chapter. When any police officer finds a vehicle unattended upon any street or city -owned park- ing lot in violation of any parking regulation, such officer is hereby authorized to impound such unlawfully parked vehicle and to provide for its removal and to remove the vehicle to a convenient garage or other facility or place of safety; and if any charge shall be placed against such vehicle for cost of removal or storage, or both, by anyone called upon to assist with the removal, it shall be paid prior to removal from such place of storage or safekeeping. (Code 1984, § 8.41; Code 2003, § 66-44) State law references —Vehicle towing authorized, Minn. Stats. § 169.041; moving parked vehicles, Minn. Stats. § 169.33. ARTICLE III. STOPPING, STANDING AND PARKING* Sec. 5.32.210. Presumption. As to any vehicle parking in violation of this chapter, when the driver is not present, it shall be presumed that the owner parked the vehicle or that the driver was acting as the agent of the owner. (Code 1984, § 8.01; Code 2003, § 66-76) Sec. 5.32.220. Private use of public streets and parking lots. (a) It is a misdemeanor for any person other than the city to in any way attempt to regulate public parking on public streets. (b) Upon an application duly made to the city, the council may, in its discretion, grant special permission whereby on -street parking or the use of city -owned parking lots or ramps or public sidewalks may be temporarily or permanently prohibited or restricted for private reasons and purposes (including, but not limited to, establish- ment of private or leased parking, loading zones, or benches) at such places, on such terms and for *State law references —Stopping, standing and park- ing, Minn. Stats. § 169.32 et seq.; authority to regulate standing or parking of vehicles, Minn. Stats. § 169.04(1). § 5.32.230 such consideration as the council may deem just and equitable. In establishing the amount of such consideration to be paid to the city, the council shall consider the amount of space, loca- tion, if any, public inconvenience, and hazards to persons or property. Upon complaint of any aggrieved person at any time and by reason of any specific special permission so granted, the council shall at its next regular meeting after receipt of such complaint, call a hearing to be held after ten days' notice in writing to applicant and complainant and published notice at least ten days prior to such hearing. After such hear- ing, the council shall by resolution decide whether to terminate, continue or redefine the terms of such permission; and such decision shall be final and binding on all persons directly or indirectly interested in the decision, except that the council may, on its own motion, reconsider the decision. (c) It is unlawful for any person to park or otherwise infringe upon a grant of right under this section when clearly and distinctly marked or signposted. It is unlawful for any person not granted such right to assert the right, or for any grantee of such right to exceed the right under claim to the right. (d) Before granting any permit under any of the provisions of this section, the council may impose such insurance or bonding conditions as it, considering the projected danger to public or private property or to persons, deems proper for safeguarding such persons and property. Such insurance or bond shall also protect the city from any suit, action or cause of action arising by reason of such action. (Code 1984, § 6.13; Code 2003, § 66-77) Sec. 5.32.230. General parking prohibi- tions. It is unlawful for any person to stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the specific directions of a police officer or traffic control device in any of the following places: (1) On a sidewalk or trail; (2) In front of a public or private driveway; (3) Within an intersection; CD5:59 ti N § 5.32.230 ORONO CODE (4) Within ten feet either side or 20 feet in Sec. 5.32.240. Manner of parking on one - front of a fire hydrant; way roadway. (5) On a crosswalk; (6) Within 20 feet of a crosswalk at any intersection; (7) In a signposted fire lane; (8) Within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway; (9) Within 50 feet of the nearest rail of a railroad crossing; (10) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance when properly signposted; (11) Alongside or opposite any street excava- tion or obstruction when such stopping, standing or parking would obstruct traf- fic; (12) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (13) Upon any bridge or other elevated structure upon a street; (14) At any place where official signs prohibit or restrict stopping, parking or both; (15) In any alley, except for loading or unload- ing, and then only so long as reasonably necessary for such loading and unloading to or from adjacent premises; (16) On any boulevard which has been curbed; (17) In any manner or any location so that the traveled public street or private road is reduced to less than ten feet of clear, unobstructed width at any point; (18) Within 12 feet of either side of a U.S. mail receptacle; or (19) Along any street in a manner that is not parallel to the curb or edge of the street. (Code 1984, § 8.02; Code 2003, § 66-78) State law reference —Similar provisions, Minn. Slats. § 169.32. Upon a one-way roadway, all vehicles may be so parked so that the left-hand wheels of the vehicle are parallel with and within 12 inches from the left-hand curb; but the front of the vehicle in any event, and with respect to the remainder of the vehicle, shall be in the direction of the flow of traffic upon such one-way street; and it is unlawful to park in violation of this section. (Code 1984, § 8.05; Code 2003, § 66-79) State law reference —Manner of parking, Minn. Stats. § 169.35. Sec. 5.32.250. Parking hours. Parking on public streets shall be limited as follows: (1) It is unlawful for any person to stop, park or leave standing any vehicle upon any public street between the hours of 2:00 a.m. and 6:00 a.m. (2) The chief of police may, when authorized by resolution of the council, designate certain streets, blocks or portions of streets or blocks as prohibited parking zones or five-minute, ten-minute, 15-minute, 30-minute, one -hour, two-hour, four- hour, six -hour, eight -hour, morning or afternoon rush hour limited parking zones and shall mark by appropriate signs any zones so established. Such zones shall be established whenever necessary for the convenience of the public or to minimize traffic hazards and preserve a free flow of traffic. It is unlawful for any person to stop, park or leave standing any vehicle in a prohibited parking zone, for a period of time in excess of the signposted limita- tion, or during signposted hours of prohibited parking. (3) It is unlawful for any person to remove, erase or otherwise obliterate any mark or sign placed upon a tire or other part of a vehicle by a police officer for the purpose of measuring the length of time such vehicle has been parked. CD5:60 0 00 N PUBLIC PROTECTION § 5.32.290 (4) For the purpose of enforcement of this Sec. 5.32.280. Truck parking. section, any vehicle moved less than one (a) It is unlawful to park a detached semitrailer block in a limited -time parking zone upon any street, city -owned parking lot, or other shall be deemed to have remained station- public property except streets as specifically ary. designated by the council by resolution and (Code 1984, § 8.20; Code 2003, § 66-80) signposted. Sec. 5.32.260. Parking after snowfall prohibited. It is unlawful for any person, except an opera- tor of an emergency motor vehicle on an emergency call, to park or leave standing any vehicle on any street or municipal parking lot when there is more than two inches of snow on the street or municipal parking lot and snow is falling or has fallen within the previous 48 hours, or snow is blowing or has been blowing within the previous 48 hours. (Code 1984, § 8.21; Code 2003, § 66-81) Sec. 5.32.270. Emergency parking. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Emergency means a condition created on city streets because of the presence of snow, freezing rain, sleet or ice on the streets, or other natural phenomena which create or are likely to create hazardous road conditions or impede or are likely to impede the free movement of fire, health, police, emergency or other vehicular traffic, when an emergency has been duly declared. (b) Declaration of emergency. Whenever in the opinion of the city administrator, or in his absence the chief of police, an emergency exists, he may declare an emergency and cause an announce- ment to be made to local news media. (c) Unlawful act. During an emergency, it is unlawful to park or leave standing any vehicle upon a street on which parking has been restricted by the declaration of an emergency. (d) Exceptions. This section shall not apply to persons in charge of wreckers or authorized emergency vehicles while actually servicing mechanical, fire, police or medical emergencies. (Code 1984, § 8.22; Code 2003, § 66-82) (b) It is unlawful to park a truck (other than a truck of 9,000 pounds gross vehicle weight or less), truck -trailer, tractor -trailer or truck - tractor within an area zoned as a residential district except for the purpose of loading or unloading the vehicle. (c) It is unlawful to park a commercial vehicle of more than 9,000 pounds gross vehicle weight upon any street in the business district except streets as specifically designated by the council by resolution and signposted, but parking of such vehicle for a period of not more than 20 minutes shall be permitted in such space for the purpose of necessary access to abutting property while actively loading or unloading when such access cannot reasonably be secured from an alley or from an adjacent street where truck parking is not so restricted. (d) It is unlawful to park a truck or other vehicle using or equipped with a trailer, or extended body or other extension or projection beyond the original length of such vehicle, or any passenger bus, diagonally along any street except for a time sufficient to load or unload, and, in such case, only parallel parking shall be permit- ted. However, a truck may stand backed up to the curb if the weight or bulk of the load makes parallel parking impracticable, but then only for a period of time sufficient to load or unload. (e) Parking of commercial vehicles is permit- ted in duly designated and signposted loading zones, and in alleys, for a period of up to 20 minutes, provided that such alley parking does not prevent the flow of traffic in the alley, all of which shall be for the purpose of access to abutting or adjacent property while actively loading or unloading. (Code 1984, § 8.23; Code 2003, § 66-83) Sec. 5.32.290. Parking rules in city park- ing lots and ramps. In city -owned parking lots and ramps, the council may limit the sizes and types of motor CD5:61 T 00 N § 5.32.290 ORONO CODE vehicles to be parked on such lots and ramps, hours of parking, and prescribed method of parking, provided that such limitations and restrictions are marked or signposted on such lots and ramps. It is unlawful to drive in a direction opposite the flow of traffic marked by one-way signs or arrows, or to park or leave standing, any vehicle in any city -owned parking lot or ramp contrary to the restrictions or limita- tions marked or signposted in such lots and ramps. (Code 1984, § 8.24; Code 2003, § 66-84) Sec. 5.32.300. Physically handicapped parking. (a) Statutory parking privileges for the physi- cally handicapped shall be strictly observed and enforced. Police officers are authorized to tag vehicles on either private or public property in violation of such statutory privileges. (b) It is unlawful for any person, whether or not physically handicapped, to stop, park or leave standing a motor vehicle in a signposted fire lane at any time, or in lanes where, and during such hours as, parking is prohibited to accommodate heavy traffic during morning and afternoon rush hours. (Code 1984, § 8.25; Code 2003, § 66-85) State law reference —Parking for physically handicapped persons, Minn. Stats. § 169.346. Sec. 5.32.310. Vehicle repair on street. It is unlawful for any person to service, repair, assemble or dismantle any vehicle parked upon a street, or attempt to do so, except to service such vehicle with gasoline or oil or to provide emergency repairs on the vehicle, but in no event for more than eight hours. (Code 1984, § 8.26; Code 2003, § 66-86) Sec. 5.32.320. Parking for the purpose of advertising or selling merchandise. It is unlawful for any person to park a vehicle on any street or public parking lot for the purpose of advertising such vehicle for sale, for the purpose of advertising for sale or selling merchandise, or advertising any merchandise for sale or a forthcoming event. (Code 1984, § 8.27; Code 2003, § 66-87) Sec. 5.32.330. Unattended vehicle. (a) It is unlawful for any person to leave a motor vehicle unattended while the engine is running. (b) It is unlawful for any person to leave a motor vehicle unattended with the key in the ignition. (Code 1984, § 8.40; Code 2003, § 66-88) State law reference Brakes to be set on parked vehicles, Minn. Stats. § 169.36. Sec. 5.32.340. Parking on private property without consent. It is a misdemeanor to park or abandon a motor vehicle on the property of another, or upon an area developed as an off-street parking facil- ity, without the consent of the owner, lessee or person in charge of any such property or facility. (Code 1984, § 8.42; Code 2003, § 66-89) ARTICLE IV. BICYCLES* Sec. 5.32.410. Traffic laws apply. Every person riding a bicycle upon a roadway or upon any path set aside for the exclusive use of bicycles shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this chapter and except as to those provisions of this chapter which by their nature can have no application. (Code 1984, § 7.20(1); Code 2003, § 66-121) State law reference —Similar provisions, Minn. Stats. § 169.222, subd. 1. Sec. 5.32.420. Manner of riding. It is unlawful for any person propelling a bicycle to ride other than upon or astride a permanent and regular seat attached to the bicycle. (Code 1984, § 7.20(2)(A); Code 2003, § 66-122) *State law references —Bicycle licenses, Minn. Stats. ch. 168C; bicycle regulations, Minn. Stats. § 169.222 et seq. CD5:62 N 00 N PUBLIC PROTECTION Sec. 5.32.430. Where to ride. Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such paths and shall not use the roadway. (Code 1984, § 7.20(4)(C); Code 2003, § 66-123) Sec. 5.32.440. Riding in business districts. The riding of bicycles in business districts is permitted. (Code 2003, § 66-124) State law reference —Authority to so provide, Minn. Stats. § 169.222, subd. 4(d). ARTICLE V. RECREATIONAL MOTOR VEHICLES* Sec. 5.32.510. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: All -terrain vehicle and ATV mean trail bikes, amphibious vehicles and similar devices, other than snowmobiles, used at least partially for travel on natural terrain, but not special mobile equipment as defined in Minn. Stats. § 168.011, subd. 22, which is hereby incorporated in this article by reference. Motorcycle means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, whether or not designed for use on streets and highways, includ- ing motor scooters; bicycles with motor attached, other than motorized bicycles; and minibikes. Motorized bicycle means a bicycle with fully operable pedals which may be propelled by human power or a motor, or by both, with a motor of a capacity of less than 50 cubic centimeters piston *State law references —Off -highway motorcycles, Minn. Stats. § 84.787 et seq.; off -road vehicles, Minn. Stats. § 84.797 et seq.; snowmobiles, Minn. Stats. § 84.81 et seq.; local regulation of off -highway motorcycles, Minn. Stats. § 84.795, subd. 8; local regulation of off -road vehicles, Minn. Stats. § 84.804, subd. 6; local regulation of snowmobiles, Minn. Stats. § 84.87, subd. 3. § 5.32.520 displacement, and a maximum of two brake horsepower, which is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged. Operate means to ride in or on and have control of a recreational motor vehicle. Operator means the person who operates or is in actual physical control of a recreational motor vehicle. Owner means a person, other than a lienholder, having a property interest in or title to a recreational motor vehicle, who is entitled to its use or possession. Recreational motor vehicle means any self- propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes, including, but not limited to, a motorcycle, golf cart, go-cart, motorized bicycle, all -terrain vehicle, snowmobile, hovercraft, or motor vehicle licensed for highway operation which is being used for off -road recreational purposes. Snowmobile means a self-propelled vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis or runners. (Code 1984, § 7.30(l); Code 2003, § 66-156) Sec. 5.32.520. Owner responsibility. (a) It is unlawful for the owner of any recreational motor vehicle to permit its opera- tion on private property without written permis- sion of the owner or occupant, on city property without the permission of the council, or on other public property without permission of the body in charge of the property. For purposes of this section, the owner shall be conclusively presumed to have given such permission unless the recreational motor vehicle so operated shall have been reported stolen to a law enforcement agency prior to the occurrence. (b) Every person leaving a recreational motor vehicle in a public place shall lock the ignition, remove the key and take the key with him. (Code 1984, § 7.30(3); Code 2003, § 66-157) CD5:63 M 00 N § 5.32.530 ORONO CODE Sec. 5.32.530. Recreational motor vehicle (10) Chasing, running over or killing any operating restrictions. animal, wild or domestic. Except as otherwise specifically permitted and authorized by the council, it is unlawful for any person to operate a recreational motor vehicle as follows: (1) On a public sidewalk or walkway provided or used for pedestrian travel. (2) On private property of another without written authority or permission of the owner or occupant. (3) On any lands owned or occupied by a public body, including, but not limited to, Luce Line Trail east of Stubbs Bay Road, private roads not owned by the operator, school grounds, park property, playgrounds, recreational areas, private roads, platted but unimproved public streets, utility easements, public trails (except Luce Line Trail west of Stubbs Bay Road) and golf courses. (4) While the operator is under the influence of liquor or narcotics, or drugs which cause physical or mental impairment. (5) At a rate of speed greater than reason- able or proper under all of the surround- ing circumstances. (6) In a careless, reckless or negligent manner so as to endanger the persons or property of another or cause injury or damage to person or property. (7) Towing any person or thing on a public street or highway except through the use of a rigid tow bar attached to the rear of a recreational vehicle. (8) At a speed greater than ten miles per hour when within 100 feet of any Lake- shore, except in channels, or of a fisher- man, icehouse, skating rink, or sliding area, nor where the operation would conflict with the lawful use of property or would endanger other persons or property. (9) In a manner so as to be not in compliance with chapter 5.24, article III. (11) During the hours between 11:00 p.m. of one day and 7:00 a.m. of the day next following; except that during such hours a motorcycle or motorized bicycle, if otherwise lawfully operated, may be oper- ated on a public street or private road. (Code 1984, § 7.30(2); Code 2003, § 66-158; Ord. No. 155(2nd series), § 3, 2-10-1997) Sec. 5.32.540. Additional snowmobile operating regulations. (a) It is unlawful for any person to operate a snowmobile upon the roadway, shoulder or inside bank or slope of any street or highway. Opera- tion in the ditch or on the outside bank within the right-of-way of any street or highway except interstate highways or freeways is permitted in conformance with state law and this Code unless the roadway directly abuts a public sidewalk or walkway or property used for private purposes. Between the hours of one-half hour after sunset to one-half hour before sunrise, any operation may only be on the right-hand side of such street or highway and in the same direction as the highway traffic on the nearest lane of the adjacent roadway. (b) A snowmobile may make a direct crossing of a street or highway except an interstate highway or freeway, provided: (1) The crossing is made at an angle of approximately 90 degrees to the direc- tion of the street or highway and at a place where no obstruction prevents a quick and safe crossing. (2) The snowmobile is brought to a complete stop before crossing the shoulder or main - traveled way of the highway. (3) The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard. (4) In crossing a divided street or highway, the crossing is made only at an intersec- tion of such street or highway with another public street or highway or at a designated crossing. CD5:64 PUBLIC PROTECTION (5) If the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in condi- tions of reduced visibility, only if both front and rear lights are on. (c) No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of-way to any vehicles or pedestrians which constitute an immediate hazard. (d) Notwithstanding any prohibition in this section, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when, and at locations where, snow upon the roadway renders travel by automobile impractical. (e) No person under 14 years of age shall operate on streets or highways or make a direct crossing of a street or highway as the operator of a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets or highways as permitted under this section and make a direct crossing only if he has in his immediate possession a valid snowmobile safety certificate issued by the state. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this subsection. (Code 1984, § 7.30(4); Code 2003, § 66-159) Sec. 5.32.550. Snowmobile equipment. It is unlawful for any person to operate a snowmobile unless it is equipped with the follow- ing: (1) Mufflers which reduce the noise of opera- tion of the motor so as to be in compli- ance with chapter 5.24, article III. (2) Brakes adequate to control the move- ment of and to stop and hold the snowmobile under any conditions of the operation. (3) A safety or so-called deadman throttle in operating condition, so that when pres- sure is removed from the accelerator or throttle, the motor is disengaged from the driving track. § 5.32.610 (4) At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric condi- tions. Such headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red taillamp having a minimum candle- power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric condi- tions. The equipment shall be in operat- ing condition when the vehicle is operated between the hours of one-half hour after sunset to one-half hour before sunrise or at times of reduced visibility. (5) Reflective material at least 16 inches on each side, forward of the handlebars, so as to reflect or beam light at a 90-degree angle. (Code 1984, § 7.30(5); Code 2003, § 66-160; Ord. No. 155(2nd series), § 5, 2-10-1997) State law reference —Snowmobile operation, Minn. Stats. § 84.87. ARTICLE VI. SPECIAL EVENTS Sec. 5.32.610. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Fireworks means the display of any composi- tion or device that meets the definition of fireworks as set forth in the Minn. Stats. § 624.20. Open house home tour means an event hosted over multiple days or weekends for the purpose of promoting homes for sale and or craftsman- ship, provided that the event is likely to generate parking needs for more than 20 vehicles on city streets at any one time. This may include remodel- ing home tours, builders home tours, artesian tours and similar but does not include brokerage open houses. CD5:65 § 5.32.610 ORONO CODE Parade means any movement of vehicles, persons or animals, in any combination, which either moves together or as a body so as to impede or affect the free and unobstructed flow of vehicular or pedestrian traffic, or which moves so that some part is in violation of one or more traffic laws or regulations. Private event means any private function that requires special service from city departments and/or mutual -aid agreements or requires 20 or more on street parking spaces at the same time. Road race or tour means any organized event that requests alterations to the traffic control features of public roads, including, but not limited to, alteration of stop, yield, or merge signs, or requests of dedicated use of traffic lanes. Special event means any road race or tour, fireworks, private event, parade, any non -city event using city property, provided that the event is likely to generate parking needs for more than 20 vehicles on residential streets at any one time or is otherwise likely to impede or affect the free and unobstructed flow of vehicular or pedestrian traffic, open house home tour, or estate sale. Special service means traffic control, crowd control, or the display of the equipment of the city or Long Lake, including police, fire, or public works resources, vehicles or equipment. (Code 2003, § 66-191; Ord. No. 244(3rd series), § 1, 4-13-2020) Sec. 5.32.620. Impeding prohibited. It is unlawful for any person to hamper, obstruct, or impede, or interfere with any special event or any person, animal or vehicle participat- ing in a special event. (Code 2003, § 66-192; Ord. No. 244(3rd series), § 1, 4-13-2020) Sec. 5.32.630. Driving vehicles between parade units. It is unlawful for any person to drive a vehicle between the vehicles or persons comprising a parade or special event when such parade or special event is in motion, except by direction of police officers directing traffic. (Code 2003, § 66-193; Ord. No. 244(3rd series), § 1, 4-13-2020) Sec. 5.32.640. Unauthorized entering. It is unlawful for any person to enter into a parade or special event without prior authoriza- tion from the person in charge of the event. (Code 2003, § 66-194; Ord. No. 244(3rd series), § 1, 4-13-2020) Sec. 5.32.650. Removal of obstructions of traffic. In any case where vehicles or parking by an activity obstructs traffic, regardless of whether or not the activity required a permit, the city may ticket that person and all the cars that constitute the traffic hazard. Vehicles that constitute a hazard may be towed at the owner's expense if so ordered by the police officer. (Code 2003, § 66-195; Ord. No. 244(3rd series), § 1, 4-13-2020) Sec. 5.32.660. Required. A permit shall be obtained from the city by any person who will be holding or sponsoring a special event on city property, or the owner or their agent for any special event on private property. The permit requirements set forth in chapter 4.20, article V, apply in addition to all licensing requirements. (Code 2003, § 66-221; Ord. No. 244(3rd series), § 1, 4-13-2020) Sec. 5.32.670. Exceptions. The following are not required to apply for permits under this article: (1) Funeral processions; (2) A governmental agency acting within the scope of its functions. (Code 2003, § 66-222; Ord. No. 244(3rd series), § 1, 4-13-2020) CD5:66 PUBLIC PROTECTION Sec. 5.32.680. Application. (a) Application for special event permit shall be made to the city at least 21 days in advance of the date on which the special event is to occur unless waived by the city administrator or designee if, after due consideration of the date, time, place, and nature of the special event, and the city services required in connection with the event, the city administrator or designee determines that the waiver will not present a hazard to public safety. (b) The applicant shall complete an applica- tion as offered by the city administrator or designee, and may include the following: (1) Applicant's name, address, and telephone number (including the telephone number at which the applicant can be reached on the day of the parade or special event); (2) Proposed route or location of special event; (3) Time of commencement and termination and date when the special event is to occur; (4) Anticipated number of participants; (5) Shuttle bus plan for participants and location of off -site parking; (6) Site plan locating buildings, driveways, local streets, parking location, temporary structures (tents) (including size), temporary restrooms, stage and location of speakers, or any cordoned off areas for special events; (7) Signature of the owner of the property on which the special event is to be held; (8) Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the special event, or which, under any such law or regulation, would exempt the applicant from the licensing require- ments of this article. (c) The application shall be executed by the individual applying for the permit or the duly authorized agent or representative of the sponsor- § 5.32.690 ing organization. The permit requirements set forth in this section apply in addition to all requirements in section 4.20.420. (Code 2003, § 66-223; Ord. No. 244(3rd series), § 1, 4-13-2020) Sec. 5.32.690. Application review and issu- ance. (a) The city administrator or designee shall forthwith refer all applications for parades and special events to the police chief or designee and to other city departments as deemed necessary. (b) The police chief or designee shall review each application to determine whether and to what extent additional police protection is reason- ably necessary and to what extent the parade or special event will interfere with the safe and orderly movement of vehicular and pedestrian movement on public streets. (c) The police chief or designee shall issue the permit as provided for herein, unless grounds exist for denying the permit under section 5.32.700. (d) The city council shall review all special events requesting the use of city land. The city administrator or their designee may refer any special event permit to the city council for their review. (e) The applicant shall provide notice of the date and time and contact information for the special event to all property owners within 500 feet of the property hosting a special event. The city administrator may accept alternative methods of notification where appropriate given the scope of the event. (f) Additional regulations for those special events that employ fireworks. (1) The fire chief shall review all applica- tions involving fireworks for compliance with applicable state codes, and forward a recommendation to the city council. (2) The city council shall review all applica- tions involving fireworks. CD5:67 ti 00 N § 5.32.690 ORONO CODE (3) Notice of the date, time, and contact information shall be provided to all property owners within 1,000 feet of the launch site of the fireworks. (4) A policy or certificate of insurance on which the city, its agents and employees, are additional insureds, providing public liability insurance providing umbrella or all perils coverage in the amount of $1,500,000.00. (Code 2003, § 66-224; Ord. No. 244(3rd series), § 1, 4-13-2020) Sec. 5.32.700. Denial of permit. (a) The city administrator or designee may refuse to issue a special event permit to the applicant for any of the following reasons: (1) (2) (3) (4) (5) (6) (7) The conduct of the special event will substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location. The conduct of the special event will require the diversion of an amount of city resources necessary to maintain adequate city function, in the sole discretion of the city administrator or their designee. The parade or road race or tour is not scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays in - route. Adequate sanitation and other required health facilities are or will not be avail- able. Sufficient parking near the site of the parade or special event has not been provided to accommodate the number of vehicles reasonably expected, or the applicant has not provided a plan that is sufficient to shuttle visitors to and from a special event. The application fails to comply with relevant provisions of section 4.20.420. The applicant falsified information on the application. (8) Failure of the applicant to pay the required fee. (9) Failure of the applicant or the owner of the property on which the special event is to be held to sign the application. (10) The special event has failed to obtain state or county required permits, includ- ing, but not limited to, fire, health, or liquor permits. (11) The completed application was not received 21 or more days before the event. (b) The city administrator or designee shall act promptly upon a timely filed application for a parade or special event permit, but in no event shall grant or deny a permit less than 48 hours prior to the parade or special event and shall include reasons for denial. (Code 2003, § 66-225; Ord. No. 244(3rd series), § 1, 4-13-2020) Sec. 5.32.710. Payment of expenses. The applicant for a special event shall pay an application fee as determined from time to time by the city council; and the city may, as a condition of approval of the permit, require that the applicant deposit money with the city in a sum equal to the estimated service charge to be incurred by the city. Service charges include all city staff and resource time or city consultant time necessary. The city may certify to the county auditor any unpaid service charges which shall be collected together with property taxes levied against the property. (Code 2003, § 66-226; Ord. No. 244(3rd series), § 1, 4-13-2020) Sec. 5.32.720. Fees. All permits provided for in this division shall be issued only upon payment in full of permit fees and other costs fixed and determined by resolution. (Code 2003, § 66-227; Ord. No. 244(3rd series), § 1, 4-13-2020) PUBLIC PROTECTION Sec. 5.32.730. Prohibitions. The following prohibitions shall apply to all special events: (1) It shall be unlawful for any person to stage, present, or conduct any special event without first having obtained a permit as herein provided. (2) It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly licensed parade or special event to fail to comply with any condition of the permit. (3) It shall be unlawful for any person to engage in any parade or special event that would constitute a substantial hazard to the public safety or that would materi- ally interfere with or endanger the public peace or rights of residents to the quiet and peaceful enjoyment of their property. (4) The following special event types and locations shall be prohibited: a. Closed road races. b. Events using trunk highways. C. Events on Big Island. (Code 2003, § 66-228; Ord. No. 244(3rd series), § 1, 4-13-2020) Sec. 5.32.740. Revocation of permit. The city administrator or designee shall have the authority to revoke a parade or special event permit instantly upon violation of the conditions or standards for issuance as set forth in this article or when a public emergency arises where the police resources required for that emergency are so great that deployment of services for the parade or special event would have an immedi- ate and adverse effect upon the welfare and safety of persons or property. (Code 2003, § 66-229; Ord. No. 244(3rd series), § 1, 4-13-2020) Sec. 5.32.750. Penalties. (a) If an applicant, permit holder, or any person fails to comply with any provision of this article, the city may impose an administrative penalty as set forth in the chart in subsection (c) § 5.32.820 of this section. Conviction of a violation in a court of law is not required in order for imposi- tion of an administrative penalty. Appeals of an administrative penalty issued pursuant to this section shall be heard in accordance with the procedure set forth in article VII of this chapter. (b) Multiple violations are computed by check- ing the time period of the three years immediately prior to the date of the most current violation. (c) The presumptive penalties for violations are as follows: 1st violation ................... $250.00 2nd violation ................... $500.00 3rd violation ................... $1,000.00 (Code 2003, § 66-230; Ord. No. 244(3rd series), § 1, 4-13-2020) ARTICLE VII. ADMINISTRATIVE OFFENSES AND PENALTIES Division 1. Generally Sec. 5.32.810. Administrative offenses. The city council has determined to enforce certain offenses within the city as administra- tive offenses. Those offenses to be enforced as administrative offenses shall be determined by resolution of the city council as recommended by the chief of police. These administrative penalty procedures in this section are intended to provide the public and the city with an informal, cost effective, and expeditious alternative to traditional criminal charges for violations of certain provi- sions of this Code. The procedures are intended to be voluntary on the part of those who have been charged with those offenses. (Code 2003, § 66-250; Ord. No. 121(3rd series), § 1, 12-9-2013; Ord. No. 244(3rd series), § 2, 4-13-2020) Sec. 5.32.820. Violation/penalty. Any person violating one of the administrative offenses within the city shall be subject to the scheduled administrative penalty. The city council shall determine the administrative penalties 0 00 N § 5.32.820 ORONO CODE and both the administrative offenses and the penalty amount may be amended, from time to time, by resolution of the city council. (Code 2003, § 66-251; Ord. No. 121(3rd series), § 1, 12-9-2013; Ord. No. 244(3rd series), § 2, 4-13-2020) Sec. 5.32.830. Enforcement. (a) Any member of the police department or any other person employed by the city with authority to enforce this Code may issue administrative violations under this article. (b) Notice shall be given to the violator set- ting forth the nature of the offenses, the date, time of the violation, the name of the official issuing the citation and the amount of the scheduled penalty. (Code 2003, § 66-252; Ord. No. 121(3rd series), § 1, 12-9-2013; Ord. No. 244(3rd series), § 2, 4-13-2020) Sec. 5.32.840. Payment. Once notice of an administrative violation is given, the person responsible for the violation shall, within 14 calendar days of issuance of the notice, pay the stated violation penalty to the city. At any time before the payment of the administrative penalty is due, the person who has been given notice of an alleged violation may request to appear before the city council to contest the request for payment of the penalty. After a hearing before the council, the council may determine to withdraw the request for payment or to renew the request for payment. Because the payment of the administrative penalty is voluntary, there shall be no appeal from the decision of the council. A notice of an administrative violation does not include code enforcement letters that warn an individual of possible criminal, civil, or administrative penal- ties. Further, any criminal matter must be adjudicated through the court system, and may not be appealed to the city council, pursuant to Minn. Stats. § 412.861, subd. 1. (Code 2003, § 66-253; Ord. No. 121(3rd series), § 1, 12-9-2013; Ord. No. 244(3rd series), § 2, 4-13-2020; Ord. No. 253(3rd series), § 2, 2-8- 2021) Sec. 5.32.850. Failure to pay. If a violator fails to pay the penalty imposed by this administrative citation, or the situation that created the violation remains uncorrected, the city may issue a petty misdemeanor or misdemeanor citation for the violation of this Code. A person convicted of a violation of this article shall be guilty of a misdemeanor and punished by a fine of not more than $1,000.00, imprisonment for a term not exceeding 90 days, or any combination thereof; provided, however, that if the violation is declared to be a petty misdemeanor, the penalty shall be a fine not to exceed $300.00. Additionally, a person convicted of a violation of this article shall pay the costs of prosecution. The city, in its discretion, may bring criminal charges in the first instance, rather than requesting the payment of an administra- tive penalty, even if a penalty for the particular violation has been established by council resolu- tion. If the administrative penalty is paid, or if any requested correction of the situation result- ing in the violation is completed, no criminal charges shall be initiated by the city for the alleged violation. (Code 2003, § 66-254; Ord. No. 121(3rd series), § 1, 12-9-2013; Ord. No. 244(3rd series), § 2, 4-13-2020) Sec. 5.32.860. Disposition of penalties. All penalties collected shall be paid over to the finance director and deposited in the general fund. (Code 2003, § 66-255; Ord. No. 121(3rd series), § 1, 12-9-2013) Sec. 5.32.870. Effective date. This article shall be effective as of January 1, 2014. (Code 2003, § 66-256; Ord. No. 121(3rd series), § 1, 12-9-2013) Division 2. Specific Offenses Sec. 5.32.910. State provisions adopted. (a) The regulatory provisions of Minn. Stats. chs. 169 and 171, together with all amendments thereto, are hereby adopted as a traffic code CD5:70 PUBLIC PROTECTION regulating use of highways, streets and alleys within the city and are hereby incorporated and made a part of this section as completely as if set out here in full. (b) The penalty for violations of the provi- sions of state statutes adopted by reference in this section shall be identical with the penalties provided for in the statutes for the same offense. (Code 2003, § 66-257; Ord. No. 121(3rd series), § 2, 12-9-2013) Sec. 5.32.920. Unreasonable acceleration. No person shall unreasonably and/or unneces- sarily accelerate a motor vehicle so rapidly and abruptly that a tire or tires break traction with the street surface, causing a squealing sound or dislodging sand, gravel or other objects by the tires. The unreasonable or unnecessary accelera- tion is prohibited on any public street or highway or any private property within the city. (Code 2003, § 66-258; Ord. No. 121(3rd series), § 2,` 12-9-2013) Sec. 5.32.930. Unsafe operation. No person shall drive or operate a motor vehicle, motorized bicycle or motorized foot scooter on any street, highway, road, roadway or private property in a manner which is unsafe. The term "unsafe" means, but is not limited to, distracted driving, speeds and/or maneuvers which are not reasonable or prudent or safe given the weather, road conditions, vehicle conditions, the proxim- ity of persons and other vehicles and includes such driving or operation which is unsafe for the driver or operator. (Code 2003, § 66-259; Ord. No. 121(3rd series), § 2, 12-9-2013) CHAPTER 5.36. OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE I. IN GENERAL Sec. 5.36.010. Violation of state statutes prohibited. It is unlawful to violate any state statute. (Code 2003, § 70-1) Sec. 5.36.020. Swimming restricted. § 5.36.040 No person shall voluntarily enter the waters of any river or public swimming pool at any time when such waters are not properly supervised by trained lifesaving personnel in attendance for that purpose, or enter such waters without being garbed in a bathing suit sufficient to cover his person and equal to the standards generally adopted and accepted by the public. (Code 1984, § 9.20(5); Code 2003, § 70-2) State law references —Indecent exposure, Minn. Stats. § 617.23; authority to prohibit lewd conduct, Minn. Stats. § 412.221, subd. 26. Sec. 5.36.030. Depositing refuse restricted. No person shall strew, scatter, litter, throw, dispose of or deposit any refuse, garbage or rubbish unto any premises except into receptacles provided for such purpose. (Code 1984, § 9.20(11); Code 2003, § 70-3) State law reference —Littering, Minn. Stats. §§ 169.42, 609.671, subd. 13. Sec. 5.36.040. Public nuisance. (a) It is unlawful for any person to maintain a public nuisance by his act or failure to perform a legal duty. For purposes of this section, a public nuisance shall be defined as any of the following: (1) Maintaining or permitting a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; (2) Interfering with, obstructing or render- ing dangerous for passage any street, public right-of-way or waters used by the public; or (3) Any other act or omission declared by law to be a public nuisance. (b) It is unlawful for any person to permit real property under his control to be used to maintain a public nuisance, or let the property to another knowing it is to be so used. (Code 1984, §§ 9.21, 9.22; Code 2003, § 70-4; Ord. No. 108(2nd series), § 1, 8-24-1992) State law references —Public nuisance prohibited, Minn. Stats. § 609.74; authority to prohibit nuisances, Minn. Stats. § 412.221, subd. 23. CD5:71 T N § 5.36.050 Sec. 5.36.050. Abatement procedure. (a) Abatement. Except for the abatement of public nuisance vehicles governed by section 5.24.030, the following abatement procedure applies to all public nuisances. Whenever the city administrator or designee determines that a public nuisance is being maintained or exists on property, the city administrator or designee must give written notification to the property owner and occupant or other responsible party of that fact and order that the nuisance be terminated and abated. Notice must be served in person or by mail. Notice to the owner will be satisfied by notice to the person listed as the taxpayer on the county's tax records. If the property is not occupied, the owner is unknown, or no other responsible party can be reasonably identified, notice may be served by posting it on the property. The notice must specify the steps to be taken to abate the nuisance and the time, not exceeding ten days, within which the nuisance is to be abated. The notice must also provide that if the owner, occupant, or other responsible party does not comply with the notice within the time specified, the city council may provide for abat- ing the nuisance by the city. The notice must state the date, time, and location of the city council consideration and give the person the right to be heard. The notice of the council hearing must be given at least ten days before the council will consider the matter. If notice is given by posting, at least 30 days must elapse between the day of posting and the hearing. (b) Summary abatement. The city administra- tor or designee may provide for abating a public nuisance without following the procedure required in subsection (a) of this section when: (1) There is an immediate threat to the public health or safety; (2) There is an immediate threat of serious property damage; or (3) A public nuisance has been caused by private parties on public property. If the city administrator or designee abates the nuisance under this section, he must reasonably attempt to notify the owner, occupant, or other responsible party of the intended action and the right to appeal the abatement and any cost recovery. (c) Cost recovery. The owner of property on which a nuisance has been abated by the city, or a person who has caused a public nuisance on property not owned by that person, is personally liable to the city for the cost of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, an appropriate official will prepare a bill for the cost and mail it to the owner or other responsible party. The amount is immediately due and pay- able to the city treasurer. (d) Assessment. If the cost, or any portion of it, has not been paid under subsection (c) of this section within 30 days after the date of the bill, the council may certify the unpaid cost against the property to which the cost is attributable. Before certification against the property, reason- able notice of the impending certification and an opportunity to be heard by the council must be given to the taxpayer of record. Failure of the taxpayer to receive the notice will not invalidate the certification. The council may certify unpaid cost to the county auditor for collection along with current taxes in the following year or in annual installments, not exceeding ten, as the council may determine in each case. (Code 2003, § 70-5; Ord. No. 2(3rd series), § 1, 11-10-2003; Ord. No. 178(3rd series), § 6, 10-10- 2016) ARTICLE II. OFFENSES INVOLVING PROPERTY RIGHTS* Sec. 5.36.110. Vacating premises. No person shall fail or refuse to vacate or leave any premises after being requested or ordered, whether orally or in writing, to do so by the owner or person in charge of the premises, or by any law enforcement agent or official; however, this provision shall not apply to any person who is owner or tenant of the premises involved nor to any law enforcement or other government *State law reference Offenses involving property rights, Minn. Stats. § 609.556 et seq. CD5:72 N a) N PUBLIC PROTECTION official who may be present on the premises at that time as part of his official duty, nor shall it include the wife, children, employee or tenant of such owner or occupier. (Code 1984, § 9.20(13); Code 2003, § 70-36) State law reference —Trespass, Minn. Stats. § 609.605. Sec. 5.36.120. Entering motor vehicles. No person shall enter any motor vehicle of another without the consent of the owner or operator. (Code 1984, § 9.20(12); Code 2003, § 70-37) Sec. 5.36.130. Defacement of property. No person shall cause defacement, destruction or other damage to any premises or any property located on the premises. (Code 1984, § 9.20(10); Code 2003, § 70-38) State law reference —Malicious mischief, Minn. Stats. § 609.556 et seq. ARTICLE III. OFFENSES INVOLVING PUBLIC SAFETY* Division 1. Generally Sec. 5.36.210. Animal trapping. (a) Purpose. It is the purpose of this section to preclude the potential harm that may be inflicted upon people, particularly children, and to prevent the crippling, unselective catching, and destruc- tion of wildlife and domestic animals that may come into contact with traps. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Leghold trap means any device consisting of two metal jaws which lie horizontally to form a circle, square or similar shape when the trap is set, or a trap which is similar in design and which is intended to catch and secure an animal by the leg, toes or paw. Such a device may be *State law reference —Offenses involving public safety, Minn. Stats. § 609.66 et seq. § 5.36.220 known as a steel, jaw(ed) leg, long -spring, coil - spring, flat -under spring, foot, front -hold, game or similarly named trap. Trapping means the setting or laying, or other use of a trap with the intent of capturing or killing an animal. (c) Leghold traps prohibited. It is unlawful for any person to set, place or use any leghold animal trap. (d) Limited permits. In extraordinary cases, the council may grant a limited permit for the abatement of a specific animal nuisance, but only when the proposed use is determined to be in the public interest and will not cause any hazard to children, other wildlife or domestic animals. Permits shall specify time limits for trapping, location, number of traps and approved maintenance procedures of trap lines. Applica- tions for limited permits shall be made to the chief of police and shall be accompanied by a written statement of proof of hardship and a certified property owners' list of property owners within 500 feet of the trapping area. Property owners shall be notified that such application is being considered by the city. The permit fee shall be as set by resolution of the council. (Code 1984, § 9.11; Code 2003, § 70-71) Sec. 5.36.220. Exposure of dangerous container. It is unlawful for any person being the owner or in possession or control, to permit an unlocked refrigerator, icebox or other container suf- ficiently large to retain any child and with doors which fasten automatically when closed, to expose the container out-of-doors, or in an unlocked accessory building, accessible to children, without locking the doors or removing the lids, hinges or latches. (Code 1984, § 9.10(11); Code 2003, § 70-72) State law reference —Similar provisions, Minn. Stats. § 609.675. CD5:73 M M N § 5.36.310 ORONO CODE Division 2. Weapons and Explosives* not guilty of the offense charged and no liability of damages shall result. Confiscated firearms Subdivision I. In General may be disposed of as provided by law. (Code 1984, § 9.10(9); Code 2003, § 70-8) Sec. 5.36.310. Exceptions. Sec. 5.36.340. Possession and sale of Nothing in this division shall apply to: fireworks. (1) Persons who obtain the appropriate permit as set forth in this division; (2) A peace officer in the discharge of his duty; (3) A person in the lawful defense of his person or family; (4) A display of fireworks by an organization or group of organizations authorized in writing by the chief of police, application for permit being made at least 15 days prior to the event; or (5) Shooting a bow and arrow in the physical education program in a school supervised by a member of its faculty, as community - wide supervised class or event specifi- cally authorized by the chief of police, or a bow and arrow range authorized by the council. (Code 1984, § 9.10(3); Code 2003, § 70-96) Sec. 5.36.320. Discharge of firearms and explosives. It is unlawful for any person to fire or discharge any form or type of explosive or explosive device; any cannon, gun, pistol or other firearm; firecracker, sky rocket or other fireworks; bow and arrow; or air gun, air rifle, or other similar device commonly referred to as a BB gun. (Code 1984, § 9.10(2); Code 2003, § 70-97) Sec. 5.36.330. Confiscation. The firearms, bow and arrow, explosives or other dangerous weapons of the alleged violator of this division may be confiscated at the time of arrest and returned only if the violator is adjudged *State law reference —Local regulation of firearms, Minn. Stats. § 471.633. It is unlawful for any person to sell, possess or have in possession for the purpose of sale, distribu- tion, use or explosion, except as allowed in this division, any firecrackers, sky rockets or other fireworks. (Code 1984, § 9.10(10); Code 2003, § 70-99) State law reference —Fireworks, Minn. Stats. § 624.20 et seq. Sec. 5.36.350. Reckless use. It is unlawful for any person to recklessly handle, throw or use a firearm, bow and arrow, or other dangerous weapon or explosive so as to endanger the safety of another. (Code 1984, § 9.10(1)(A); Code 2003, § 70-100) State law reference —Similar provisions, Minn. Stats. § 609.66, subd. 1(a)(1). Sec. 5.36.360. Pointing firearms. It is unlawful for any person to intentionally point a firearm of any kind or dangerous weapon capable of injuring or killing a human being at or toward another. (Code 1984, § 9.10(1)(B); Code 2003, § 70-101) State law reference —Similar provisions, Minn. Stats. § 609,66, subd. 1(a)(2). Sec. 5.36.370. Metal knuckles, switchblade knife. No person shall manufacture, transfer or pos- sess metal knuckles or a switchblade knife open- ing automatically. (Code 1984, § 9.10(1)(D); Code 2003, § 70-102) State law reference —Similar provisions, Minn. Stats. § 609.66, subd. 1(a)(4). Sec. 5.36.380. Unlawfully using article as weapon. No person shall possess any dangerous article or substance for the purpose of being used unlawfully as a weapon against another. (Code 1984, § 9.10(1)(E); Code 2003, § 70-103) State law reference —Similar provisions, Minn. Stats. § 609.66, subd. 1(a)(5). CD5:74 le a) N ILil lOEM01471VDENYMiNki Sec. 5.36.390. Handling, use of weapons by children. No person shall permit, as a parent or guard- ian, any child under 14 years of age to handle or use, outside of the parent's or guardian's pres- ence, a firearm or air gun of any kind, or any ammunition or explosive. (Code 1984, § 9.10(1)(G); Code 2003, § 70-104) State law reference —Similar provisions, Minn. Stats. § 609.66, subd. 1(a)(6). Sec. 5.36.400. BB gun. The use of a BB gun or air rifle is subject to the following circumstances: (1) There is a demonstrated nuisance of an animal to the property owner. (2) The permittee has the property owner's permission. (3) There are no other appropriate means available. (4) Seasonal restrictions of game animals apply. (5) The gun may only be discharged in a manner that does not direct it towards other buildings or persons. (6) The permittee must notify all abutting owners. (Code 1984, § 9.10(5); Code 2003, § 70-105) Subdivision II. Permits Sec. 5.36.510. Occasional up to 15 days. Occasional permits valid for a period of 15 days or less may be granted to clubs or persons as follows: (1) Occasional target shooting or trap and skeet shooting. (2) Field trials, commercial or professional exhibitions or displays, or other similar lawful purpose as determined by the police. (3) For training of dogs for clubs or individu- als, which permit is valid only on land § 5.36.520 described in the permit by persons with the consent of the owner or lessee of the land. (Code 1984, § 9.10(4)(A); Code 2003, § 70-121) Sec. 5.36.520. Occasional up to 120 days. (a) For control of pests in commercial or agricultural situations, permits may be granted up to a maximum of 120 days as established by the city administrator to persons or clubs meet- ing all the following criteria: (1) For control of pests, vermin, rodents or other animal nuisances, such as deer hunting by bow and arrow during appropriate season, or other animals that are a demonstrated nuisance. (2) Where there are no other appropriate methods available. (3) Demonstrated need for a longer duration of time, such as length of game season or protection of crops during the growing season. (b) The use of bow and arrow under this section will be allowed on an occasional basis to remove problematic animals, including game animals, subject to the following circumstances: (1) There is a demonstrated nuisance of that animal to the property owner. (2) The property owner has specifically given written permission to a hunter, and that hunter has the appropriate state hunting permit. (3) That no discharging is to be done within 100 feet of any property line, within 100 feet of any buildings and within 200 feet of any livestock. (4) Discharge for purposes of this section shall only be done from an elevated stand that is a minimum of four feet off the ground. (5) Can only be done during the appropriate season. CD5:75 § 5.36.520 ORONO CODE (6) The hunter receives no compensation for the removal service apart from the reten- tion of animals killed. (Code 1984, § 9.10(4)(B); Code 2003, § 70-122) Sec. 5.36.530. Baker Park. An occasional permit valid for a period not to exceed a total of three days in any one year shall be issued to Hennepin Parks for the discharge of shotguns in hunting of game animals in Baker Park. In addition to other applicable conditions, the park district must notify all abutting property owners by letter ten days in advance of the proposed hunt; and appropriate signage shall be posted around the park reserve district boundar- ies to limit unauthorized access during the hunt. (Code 1984, § 9.10(4)(C); Code 2003, § 70-123) Sec. 5.36.540. Occasional. Occasional permits valid for a period under section 5.36.510 or 5.36.520 as deemed appropri- ate by the city may be granted to clubs or persons. (Code 1984, § 9.10(4)(D); Code 2003, § 70-124) Sec. 5.36.550. Starting guns. Permits may be granted for use of devices such as starting guns when no projectiles are used but only blank ammunition. (Code 1984, § 9.10(6); Code 2003, § 70-125) Sec. 5.36.560. Annual permits. (a) Annual permits may be granted for: (1) Trap and skeet shooting for clubs. (2) Training of dogs for clubs or individuals, which permit is valid only on land described in the permit by persons with the consent of the owner or lessee of the land. (3) Clubs and individuals operating a game and fur farm pursuant to law. (4) Occasional target shooting. (5) Field trials, commercial or professional exhibitions or displays, or any similar or lawful purpose as determined by the police chief. (b) Any person, group or organization that wishes to use an established range or trap, skeet facility for any field trial, commercial or profes- sional exhibition or display, or any similar or lawful purpose shall apply for their own use permit. The existing permit for gun club shall not cover the special event. This would not preclude that the gun club cannot have its own special events, such as annual shoots, turkey shoot, etc., as long as it is the gun club that is responsible permit holder. (Code 1984, § 9.10(6)(A); Code 2003, § 70-126) Sec. 5.36.570. Permit procedure. When a person or club applies for a permit, the city administrator may require certain information to be on the application and permit form: (1) Location of event. (2) Site visit to be required. (3) Intended use of permit. (4) Certificate of insurance. (5) Hours of shooting. (6) Number of participants. (Code 1984, § 9.10(8); Code 2003, § 70-127) Sec. 5.36.580. Fees, revocation. The fee for annual permit (club only) or occasional permit shall be charged according to the city fee schedule. A violation of any of the conditions of a permit shall result in revocation of the permit, and no permit shall be issued to any club or person for one year after the date of such revocation. Permits are issued to the person to be actually using the firearms or weapon. (Code 1984, § 9.10(7); Code 2003, § 70-128) Sec. 5.36.590. Approval. All permits are subject to the approval of the city administrator upon recommendation of the chief of police. (Code 1984, § 9.10(8)(J); Code 2003, § 70-129; Ord. No. 178(3rd series), § 7, 10-10-2016) CD5:76 PUBLIC PROTECTION Sec. 5.36.600. Notice to police prior to shooting. A notice must be given within one hour of the commencement of the event. (Code 1984, § 9.10(8)(G); Code 2003, § 70-130) Sec. 5.36.610. Notice to owners of sur- rounding property. An annual permit shall require notice to be given to surrounding property owners and an opportunity for them to object prior to issuance of a permit under this subdivision, but such objections shall not require the permit to be withheld. (Code 1984, § 9.10(8)(H); Code 2003, § 70-131; Ord. No. 178(3rd series), § 8, 10-10-2016) Sec. 5.36.620. Information to owners of abutting property prior to initial use. All permit holders under this subdivision must inform all abutting property owners prior to initial use of the permit. (Code 1984, § 9.10(8)(I); Code 2003, § 70-132) ARTICLE IV. OFFENSES INVOLVING PUBLIC PEACE AND ORDER Sec. 5.36.710. Disturbing lawful assembly, meeting prohibited. No person shall disturb an assembly or meet- ing, not unlawful in its character. (Code 1984, § 9.20(2); Code 2003, § 70-166) State law reference —Similar provisions, Minn. Stats. § 609.72, subd. 1(2). Sec. 5.36.720. Brawling, fighting prohibited. § 5.36.910 Sec. 5.36.730. Offensive language, conduct. No person shall engage in offensive, obscene or abusive language or in boisterous and noisy conduct tending reasonably to arouse alarm, anger or resentment in others. (Code 1984, § 9.20(3); Code 2003, § 70-168) State law reference —Similar provisions, Minn. Stats. § 609.72, subd. 1(3). Sec. 5.36.740. Use of lights. No person shall use a flash or spotlight in a manner so as to annoy or endanger others. (Code 1984, § 9.20(9); Code 2003, § 70-169) ARTICLE V. OFFENSES INVOLVING PUBLIC MORALS Division 1. Generally Sec. 5.36.810. Indecent exposure. No person shall willfully and lewdly expose his person or his private parts, or procure another to so expose himself; and any open or gross lewdness or lascivious behavior, or any act of public indecency is prohibited. (Code 1984, § 9.20(4); Code 2003, § 70-201) State law references —Indecent exposure, Minn. Stats. § 617.23; obscenity, Minn. Stats. § 617.24. Sec. 5.36.820. Urinating, defecating. No person shall urinate or defecate in a place other than: (1) If on public property, in a plumbing fixture provided for that purpose; (2) If on the private property of another, in a plumbing fixture provided for that purpose; or (3) If on private property not owned or controlled by another, within a building. (Code 1984, § 9.20(6); Code 2003, § 70-202) Division 2. Controlled Substances It is unlawful for any person to engage in brawling or fighting. Sec. 5.36.910. Definitions. (Code 1984, § 9.20(1); Code 2003, § 70-167) State law reference —Similar provisions, Minn. Stats. The following words, terms and phrases, when § 609.72, subd. 1(1). used in this division, shall have the meanings CD5:77 ti a) N § 5.36.910 ORONO CODE ascribed to them in this section, except where (5) Wholesalers. the context clearly indicates a different meaning: (6) Warehousepersons. Possession means having a controlled substance in one's actual or constructive possession, includ- ing, but not limited to, having the controlled substance in any motor vehicle which is owned or operated by the person charged with posses- sion. (Code 1984, § 9.57(3); Code 2003, § 70-226) Sec. 5.36.920. Schedules adopted by refer- ence. The five schedules of controlled substances listed in Minn. Stats. § 152.02 are incorporated in and made a part of this division as if set out in this section in full. For the purpose of this division, a controlled substance is any substance listed in the schedules of controlled substances in Minn. Stats. § 152.02. (Code 1984, § 9.57(1); Code 2003, § 70-227) State law reference Controlled substances, Minn. Stats. ch. 152. Sec. 5.36.930. Confiscation and disposi- tion. Any controlled substance found in the posses- sion of any person convicted of a violation of this division shall be confiscated and shall be forfeited to the chief of police, who shall make proper and timely disposition of the substance by destroying it. (Code 1984, § 9.57(6); Code 2003, § 70-228) Sec. 5.36.940. Excepted lawful businesses and professions. This division shall not apply to the following in the ordinary course of their trade, their business, or their profession; however, this excep- tion shall not be a defense to the doing of the acts prohibited in this division: (1) Practitioners, persons licensed by law to prescribe and administer controlled substances. (2) Pharmacists duly registered and licensed with the state board of pharmacy. (3) Manufacturers. (4) Pharmacists and manufacturers. (7) Persons engaged in transporting such controlled substances as agent or employee of a practitioner, pharmacist, manufacturer, warehouseperson, wholesaler or common carrier. (8) Public officials or public employees in the performance of official duties requiring possession or control of such controlled substances, or persons aiding such officers or employees in the performance of such duties. (9) Any patient, with respect to procuring, possession and use of a controlled substance in accordance with the terms of a prescription and prescribed treat- ment. (10) Persons who procure, possess or use such controlled substance for the purpose of lawful research, teaching or testing, and not for sale. (11) Lawfully licensed and registered hospitals or bona fide institutions wherein sick or injured persons are cared for and treated, or by bona fide hospitals for the treat- ment of animals. (Code 1984, § 9.57(4); Code 2003, § 70-229) Sec. 5.36.950. Manufacture, use limited. It shall be unlawful for any person to manufacture, possess, sell, give away, barter, exchange, distribute or otherwise transfer any controlled substance, except on a lawful prescrip- tion by a person licensed by law to prescribe and administer controlled substances. (Code 1984, § 9.57(2); Code 2003, § 70-230) Sec. 5.36.960. Unlawful procuring, purchase, delivery or pos- session. No person shall procure, purchase, deliver or possess, or attempt to procure, purchase, deliver or possess a controlled substance in any of the following manners: (1) By fraud, deceit, misrepresentation or subterfuge; CD5:78 PUBLIC PROTECTION (2) By the forgery or alteration of a prescrip- tion; (3) By the concealment of a material fact; (4) By the use of a false name or the giving of a false address; (5) By making a false statement in any prescription, order, report or record rela- tive to a controlled substance; (6) By falsely assuming the title of or falsely representing any person to be a manufacturer, wholesaler, warehouseper- son, pharmacist, practitioner or other person described in section 5.36.940; or (7) By making, issuing or uttering any false or forged prescription. (Code 1984, § 9.57(5); Code 2003, § 70-231) Sec. 5.36.970. Use of original containers and labels required. All patients having possession of any controlled substance, by lawful prescription of a practitioner while such controlled substance is lawfully in such person's possession, shall keep such controlled substance in the original container in which it was delivered until used in accordance with such prescription, and shall not remove the pharmacist's original label identifying the prescription from such original container. (Code 1984, § 9.57(7); Code 2003, § 70-232) Sec. 5.36.980. Possession of injection implement. No person, except dealers in surgical instru- ments, apothecaries, physicians, dentists, veterinarians, nurses, attendants and interns of hospitals, sanitariums or any other institution in which persons are treated for disability of disease, shall at any time have or possess any hypodermic syringe or needle or any instrument adapted for the use of cocaine or narcotic drugs or any controlled substance defined in Minn. Stats. § 152.02, or as defined in 21 USC 812 by subcutaneous injections and which is possessed for that purpose, unless such possession is § 5.36.1020 authorized by the certificate of a physician issued within a period of one year prior to any time of such possession. (Code 1984, § 9.57(8); Code 2003, § 70-233) Division 3. Alcohol Sec. 5.36.1010. Consumption and posses- sion of beer, wine or liquor on streets and public property. (a) It is unlawful for any person to consume, or possess in an unsealed container, any alcoholic beverage on any street or other public property except city parks and other public property when and where permission has been specifically granted or licensed by the council. This section shall not apply to the possession of an unsealed container in a motor vehicle on streets or public property when the container is kept in the trunk of such vehicle, if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers. (b) No license or permit shall be granted under this section unless and until the permittee or licensee, as the case may be, has filed with the city a certificate of public liability insurance on which the city or other owner of the property is a named insured providing umbrella or all perils coverage in the amount of $1,000,000.00. Nor shall such license or permit be granted until the permittee or licensee, as the case may be, agrees in writing to pay for all expenses incident to cleaning up all resulting refuse and debris. (Code 2003, § 70-250; Ord. No. 230(3rd series), § 2, 7-22-2019) Sec. 5.36.1020. Consumption and posses- sion of beer, wine or liquor on private parking lots. It is unlawful for any person to consume or possess in an unsealed container any alcoholic beverage on any privately owned parking lot which is clearly signposted prohibiting such CD5:79 N § 5,36.1020 ORONO CODE possession and consumption. This section shall not apply to the possession of an unsealed container in a motor vehicle on privately owned parking lots when the container is kept in the trunk of such vehicle, if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or pas- sengers, if the motor vehicle is not equipped with a trunk. For the purpose of this section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or pas- sengers. (Code 2003, § 70-251; Ord. No. 230(3rd series), § 2, 7-22-2019) Sec. 5.36.1030. Inducing another to make illegal purchase or sale. No person shall knowingly induce another to make an illegal sale or purchase of intoxicating liquor or 3.2 percent malt liquor. (Code 2003, § 70-252; Ord. No. 230(3rd series), § 2, 7-22-2019) Sec. 5.36.1040. Social host. (a) Generally. (1) It is unlawful for any person under the age of 21 years to consume or possess an alcoholic beverage. a. Consumption of alcohol by persons under the age of 21 years is harmful to those persons and constitutes a potential threat to public health from injuries related to alcohol consumption, such as alcohol overdose or alcohol -related traffic collisions. b. Alcohol is also an addictive drug which, if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user. C. As a result, gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 years should be prevented as much as possible. d. Gatherings involving underage pos- session and consumption often occur outside the presence of parents or other responsible adults. However, there are times when a parent or other adult is present and condones the activity, and in some circumstances provides the alcohol. e. Although furnishing alcohol to an underage person is a crime, it is difficult to prove, and an ordinance is necessary to help further combat underage consumption. f. A deterrent effect will be created by holding a person criminally responsible for hosting a gathering where underage possession or consumption occurs. (2) The purpose of this section is to discour- age underage possession and consump- tion of alcohol, even if done within the confines of a private residence, and to hold persons criminally responsible who host gatherings where persons under 21 years of age possess or consume alcohol, regardless of whether the person hosting the gathering supplied the alcohol or was present. (3) The city council intends that this section should not target parents who may have alcoholic beverages on their premises but who have issued a standing order that alcohol is not to be consumed by under- age persons on those premises. (4) The definitions in section 4.16.020 shall apply to this section. (b) Prohibited acts. (1) It is unlawful for a person to host or allow a gathering on any premises if. a. The person knows that alcohol or alcoholic beverages will be present; b. The person knows that an underage person will attend, or is likely to attend; CD5:80 0 0 M PUBLIC PROTECTION C. The person fails to take reasonable steps to prevent the possession or consumption of alcoholic beverages by an underage person; and d. An underage person consumes an alcoholic beverage, or possesses an alcoholic beverage with the intent to consume it, at the gathering. (2) Examples of reasonable steps include: a. Directing, on a one-time basis or as a standing order, that no consump- tion of alcohol and alcoholic bever- ages is allowed; b. Controlling access to alcohol and alcoholic beverages; C. Checking identification of attendees to determine age; or d. Supervising the activities of under- age persons at the gathering either in person or through a responsible adult. (3) A person is not criminally responsible under this section if the person does not know that a gathering will occur, or does not know that alcoholic beverages will be present, or does not know that an under- age person will be or is likely to be present. However, if a person has the knowledge specified in subsection (b)(1) of this section, a person who hosts a gathering does not have to be present at the gathering to be criminally responsible. (4) A person is criminally responsible for violating subsection (b)(1) of this section if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. (c) Exceptions. (1) This section does not apply to conduct of an underage person that is permitted by his or her parent and occurs in the parent's household. (2) This section does not apply to a legally protected religious observance. § 5.36.1110 (3) This section does not apply when an underage person is lawfully in posses- sion of alcohol or alcoholic beverages during the course and scope of employ- ment. (4) This section does not apply to the holder of a liquor license issued under title IV, but it does apply to a person who hosts a gathering at such a liquor establishment. (Code 2003, § 70-253; Ord. No. 230(3rd series), § 2, 7-22-2019) ARTICLE VI. JUVENILE CURFEW* Sec. 5.36.1110. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Emergency means a circumstance or combina- tion of circumstances requiring immediate action to prevent property damage, serious bodily injury or loss of life. Establishment means any privately -owned place of business to which the public is invited, including, but not limited to, any place of amuse- ment, entertainment, or refreshment. Guardian means an adult appointed pursuant to Minn. Stats. § 525.6155 or 525.6165 who has the powers and responsibilities of a parent as defined by Minn. Stats. § 525.619. Juvenile means a person under the age of 18 years. The term "juvenile" does not include persons under the age of 18 years who are married or have been legally emancipated. Parent means birth parents, adoptive parents, and stepparents. Proprietor means any individual, firm, associa- tion, partnership, or corporation operating, manag- ing, or conducting any establishment. The term "proprietor" includes the members or partners of an association or partnership and the officers of a corporation. *State law reference —Authority of city to set curfew, Minn. Stats. § 145A.05, subd. 9. 0 M § 5.36.1110 ORONO CODE Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. Responsible adult means a person 18 years or older specifically authorized by law or by a parent or guardian to have custody and control of a juvenile. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any body part or organ. (Code 2003, § 70-271) Sec. 5.36.1120. Findings and purpose. (a) In recent years, there has been a significant increase in juvenile victimization and crime. At the same time, the crimes committed by and against juveniles have become more violent. A significant percentage of juvenile crime occurs during curfew hours. (b) Because of their lack of maturity and experience, juveniles are particularly susceptible to becoming victims of older perpetrators. The younger a person is, the more likely he is to be a victim of crime. (c) While parents have the primary responsibil- ity to provide for the safety and welfare of juveniles, the city also has a substantial interest in the safety and welfare of juveniles. Moreover, the city has an interest in preventing juvenile crime, promoting parental supervision, and provid- ing for the well-being of the general public. (d) A city-wide curfew will reduce juvenile victimization and crime and will advance public safety, health, and general welfare. (Code 1984, § 9.14; Code 2003, § 70-272) Sec. 5.36.1130. Penalty. (a) Violation of section 5.36.1140(a), (b) or (c) will be prosecuted pursuant to Minn. Stats. § 260B.235 and will be subject to the penalties therein. (b) Violation of section 5.36.1140(d) or (e) is a misdemeanor and will be subject to the penalty set forth in Minn. Stats. § 609.03. (Code 1984, § 9.14(6); Code 2003, § 70-273; Ord. No. 293(3rd series), § 1, 2-26-2024) Sec. 5.36.1140. Prohibited acts. (a) It is unlawful for a juvenile under the age of 12 years to be present in any public place or establishment within the city: (1) Any time between 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. (2) Any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. (b) It is unlawful for a juvenile age 12 to 14 years to be present in any public place or establish- ment within the city: (1) Any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. (2) Any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. (c) It is unlawful for a juvenile age 15 to 17 years to be present in any public place or establish- ment within the city: (1) Any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. (2) Any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. (d) It is unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervi- sion, to permit the juvenile to be in any public place or establishment within the city during the hours prohibited in subsections (a), (b) and (c) of this section. (e) It is unlawful for a proprietor of an establishment within the city to knowingly permit a juvenile to remain in the establishment or on CD5:82 N O M PUBLIC PROTECTION the establishment's property during the hours prohibited in subsections (a), (b) and (c) of this section. If the proprietor is not present at the time of the curfew violation, the responding officer shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certi- fied mail. (Code 1984, § 9.14(1)—(4); Code 2003, § 70-274) Sec. 5.36.1150. Defenses. (a) It is an affirmative defense for a juvenile to prove that the juvenile was: (1) Accompanied by his parent, guardian, or other responsible adult. (2) Engaged in a lawful employment activity or was going to or returning home from his place of employment. (3) Involved in an emergency situation. (4) Going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or a civic organization. (5) On an errand at the direction of a parent or guardian. (6) Exercising First Amendment rights protected by the United States Constitu- tion or Minn. Const. art. I. (7) Engaged in interstate travel. (8) On the public right-of-way boulevard or sidewalk abutting the property contain- ing the juvenile's residence or abutting the neighboring property, structure, or residence. (b) It is an affirmative defense for a proprietor of an establishment to prove that the proprietor or employee: (1) Reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may be established pursuant to Minn. Stats. § 340A.503, § 5.36.1210 subd. 6, or other verifiable means, includ- ing, but not limited to, school identifica- tion cards and birth certificates. (2) Promptly notified the responsible police agency that a juvenile was present on the premises of the establishment during curfew hours. (Code 1984, § 9.14(5); Code 2003, § 70-275) Sec. 5.36.1160. Review. The council shall conduct yearly reviews of this article to assess the effectiveness of and continuing need for a juvenile curfew. Prior to the annual review, the city attorney shall prepare and submit a report to the council evaluating violations of this article and juvenile crime and victimization during the preceding year. (Code 2003, § 70-276) ARTICLE VII. SEXUAL PREDATOR RESIDENCY RESTRICTIONS Sec. 5.36.1210. Findings and intent. (a) Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses. Most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. (b) It is the intent of this article to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of its citizens by establishing areas around locations where children regularly congregate in concentrated numbers, wherein certain sexual predators are prohibited from establishing temporary or permanent residence. (Code 2003, § 70-277; Ord. No. 182(3rd series), § 1, 1-9-2017) M O M § 5.36.1220 ORONO CODE Sec. 5.36.1220. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Day care center means a facility licensed by the state in which care, supervision and training for individuals under the age of 18 is provided for part of a 24-hour period. Designated offender means any person who has been categorized as a Level III predatory offender under Minn. Stats. § 244.052, a succes- sor statute, or a similar statute from another state. Park or playground means any land, including improvements, but excluding trails and sidewalks, operated by the city, county, or the Three Rivers Park District for the use by the general public as a recreational area. Permanent residence means a place where a person abides, lodges or resides for 14 or more consecutive days. School means any public or non-public educational institution that offers educational instruction to individuals under the age of 18 years. Temporary residence means a place, other than a person's permanent residence, where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year or four or more consecutive or non-consecutive days during any month. (Code 2003, § 70-278; Ord. No. 182(3rd series), § 1, 1-9-2017) Sec. 5.36.1230. Residency prohibition; penalties; exception. (a) Residency prohibition. (1) It is unlawful for any designated offender to establish a permanent residence or temporary residence within 2,000 feet of any school, day care center, park or playground. (2) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence of the designated offender to the nearest outer property line of a school, day care center, park or playground. (b) Penalties. A person who violates this sec- tion shall be punished by a fine not exceeding $1,000.00, or by confinement for a term not exceeding 90 days, or by both such fine and confinement. Each day a person maintains a residence in violation of this article constitutes a separate violation. (c) Exceptions. A designated offender residing within a prohibited area as described in subsec- tion (a) of this section does not commit a viola- tion of this section if any of the following apply: (1) The designated offender established the permanent residence or temporary residence and reported and registered the residence pursuant to Minn. Stats. § 243.166, 243.167, or successor statute, prior to the effective date of the ordinance from which this section is derived. (2) The designated offender was a minor when he or she committed the offense and was not convicted as an adult. (3) The designated offender is a minor. (4) The school, day care center, park or playground within 2,000 feet of the designated offender's permanent residence or temporary residence was designated or opened after the designated offender established the permanent residence or temporary residence and reported and registered the residence pursuant to Minn. Stats. § 243.166 or 243.167 or successor statute. (5) The residence is also the primary residence of the designated offender's parents, grandparents, siblings, spouse or adult children. (6) The residence is a property owned by the state department of corrections. (Code 2003, § 70-279; Ord. No. 182(3rd series), § 1, 1-9-2017) CD5:84 0 M Title VI LAND USE Chapter 6.04. Planning Commission Sec. 6.04.010. Established. Sec. 6.04.020. Membership. Sec. 6.04.030. Powers and duties. Chapter 6.08. Reimbursement of Development Costs, Escrows Sec. 6.08.010. Definitions. Sec. 6,08.020. Reimbursement required. Sec. 6.08.030. Application deposit required. Sec. 6.08.040. Construction deposit required. Sec. 6.08.050. Regular billing statements of expenditures required. Sec. 6.08.060. Reimbursement of escrow fund. Sec. 6.08.070. Refund of unexpended balance. Sec. 6.08.080. Escrow fund not to draw interest. Sec. 6.08.090. Rates established. Sec. 6.08.100. Collection of unpaid service charges/costs. Chapter 6.12. Zoning Regulations Article I. In General Sec. 6.12.010. Definitions. Sec. 6.12.020. Measurement of distances. Sec. 6.12.030. Violations. Sec. 6.12.040. Enforcement. Sec. 6.12.050. Purpose. Sec. 6.12.060. Minimum requirements. Sec. 6,12.070. More restrictive provisions to apply. Sec. 6.12.080. Prohibitions. Sec. 6.12.090. Vacation of streets, alleys and public grounds. Article II. Administration and Enforcement Division 1. Generally Sec. 6.12.210. Zoning administrator. Sec. 6.12.220. Fees for zoning applications. Sec. 6.12.230. Adoption and amendment procedure. Sec. 6.12.240. All permits compatible with agency requirements. Sec. 6.12.250. Building compliance. Sec. 6.12.260. Occupancy certificates. Sec. 6.12.270. Concept plan. Sec. 6.12.280. Public hearing. Division 2. Nonconforming Uses and Related Matters Sec. 6.12.310. Nonconforming structures and uses. Sec. 6.12.320. Lots of record. Sec. 6.12.330. Separation limited. Sec. 6.12.340. Farming. Division 3. Appeals and Variances CD6:1 (0 0 M ORONO CODE Subdivision I. In General Sec. 6.12.410. Board established. Sec. 6.12.420. Hearings. Sec. 6.12.430. Notice of hearing. Sec. 6.12.440. Appeals procedures. Sec. 6.12.450. Official map. Subdivision II. Variances Sec. 6.12.510. When granted. Sec. 6.12.520. References to board. Sec. 6.12.530. Issuances. Sec. 6.12.540. Variances in border areas. Sec. 6.12.550. Denial. Sec. 6.12.560. Failure of the board to act. Sec. 6.12.570. Violation of conditions. Sec. 6.12.580, Expiration. Sec. 6,12.590. Extension. Sec. 6.12.600. Filing with county recorder. Sec. 6.12.610. Variance amendments. Division 4. Site Plan Review Sec. 6.12.710. Purpose. Sec. 6.12.720. Approval required. Sec. 6.12.730. Review process. Sec. 6.12.740. Application for site plan review. Sec. 6.12.750. Evaluation criteria. Sec. 6.12.760. Conditions. Sec. 6.12.770. Specific project. Sec. 6.12.780. Lapse of approval. Sec. 6,12.790. Building code supplemental to review process. Article III. Zoning Districts Established; Zoning Map Sec. 6.12.810. Districts. Sec. 6.12.820. Map and legal descriptions. Sec. 6.12.830. Boundaries. Sec. 6.12.840. Proceedings in boundary disputes. Sec. 6,12.850. Vacations do not affect boundary lines. Sec. 6.12.860. Annexations. Article IV. District Regulations Division 1. Generally Sec. 6.12.910. Interpretation and application of zoning district uses. Division 2. R-lA On.e-Fanzi,ly Residential District Sec. 6.12.1010. Purpose. Sec. 6.12.1020. Permitted uses. Sec. 6.12.1030. Conditional uses. Sec. 6.12.1040. Accessory uses. Sec. 6.12.1050. Area, height, lot width, setback, and yard requirements. Division 3. R-1B One -Family Residential District Sec. 6.12.1110. Purpose. Sec. 6.12.1120. Permitted uses. Sec. 6.12.1130. Conditional uses. CD6:2 ti 0 M LAND USE Sec. 6.12.1140. Accessory uses. Sec. 6.12.1150. Area, height, lot width, setback, and yard requirements. Division. 4. Lakeshore Residential Districts Subdivision I. In General (Reserved) Subdivision II. LR-lA One -Family Lakeshore Residential District Sec. 6.12.1310. Purpose. Sec. 6.12.1320. Permitted uses. Sec. 6.12.1330. Conditional uses. Sec. 6.12.1340. Accessory uses. Sec. 6.12.1350. Area, height, lot width, setbacks, and yard requirements. Subdivision III. LR-113 One -Family Lakeshore Residential District Sec. 6.12.1410. Purpose. Sec. 6.12.1420. Permitted uses. Sec. 6.12.1430. Conditional uses. Sec. 6.12.1440. Accessory uses. Sec. 6.12.1450. Area, height, lot width, setback, and yard requirements. Subdivision IV. LR-lC One -Family Lakeshore Residential District Sec. 6.12.1510. Purpose. Sec. 6.12.1520. Permitted uses. Sec. 6.12.1530. Conditional uses. Sec. 6.12.1540. Accessory uses. Sec. 6.12.1550. Area, height, lot width, setback, and yard requirements. Subdivision V. LR-1C-1 One -Family Lakeshore Residential District Sec. 6.12.1610. Permitted uses. Sec. 6.12.1620. Conditional uses. Sec. 6.12.1630. Accessory uses. Sec. 6.12.1640. Increased density requirements. Sec. 6.12.1650. Area, height, lot width, setback, and yard requirements. Division 5. RR -IA One -Family Rural Residential District Sec. 6.12.1710. Purpose. Sec. 6.12.1720. Permitted uses. Sec. 6.12.1730. Conditional uses. Sec. 6.12.1740. Accessory uses. Sec. 6.12.1750. Area, height, lot width, setback, and yard requirements. Division 6. RR-1B One -Family Rural Residential District Sec. 6.12.1810. Purpose. Sec. 6.12.1820. Permitted uses. Sec. 6.12.1830. Conditional uses. Sec. 6.12.1840. Accessory uses. Sec. 6.12.1850. Area, height, lot width, setback, and yard requirements. Sec. 6.12.1860. Interim uses. Division 7. RS Seasonal Recreational District Sec. 6.12.1910. Purpose. Sec. 6.12.1920. Future amendments. Sec. 6.12.1930. Nonconformities. Sec. 6.12.1940. Permitted uses. Sec. 6.12.1950. Conditional uses. CD6:3 00 0 M ORONO CODE Sec. 6,12.1960. Accessory uses. Sec. 6,12.1970. Permit for private improvements within public rights -of -way. Sec. 6.12.1980. Lot area requirements. Sec. 6.12.1990. Lot width requirements. Sec. 6.12.2000. Yard and setback requirements. Sec. 6.12.2010. Hardcover regulations. Sec. 6.12.2020. Building height. Sec. 6.12.2030. Building construction standards. Sec. 6.12.2040, On -site sewage treatment systems. Sec. 6.12.2050. Garbage removal and sanitation. Sec. 6.12.2060. Open burning prohibited. Sec. 6.12,2070. Tree removal regulations. Sec. 6.12.2080. Adoption of official record lot map and listing. Sec. 6.12.2090. Easement for non -riparian lake access. Division. 8. PRD Planned Residential District Sec. 6.12.3010. Purpose, Sec. 6.12.3020. Submission of plans. Sec. 6.12.3030. Council discretion. Sec. 6.12.3040. Open space. Sec. 6,12.3050. Dedication of open space. Sec. 6.12.3060. Site plan, Sec. 6.12.3070. Hearings. Sec. 6.12.3080, Final approval. Sec. 6.12.3090. Subdivision requirements. Division 9. RPUD Residential Planned Unit Development District Sec. 6.12.3110. Purpose. Sec. 6.12.3120. Exceptions. Sec. 6.12.3130. Permitted uses. Sec. 6.12.3140. Conditional uses. Sec. 6.12.3150. Accessory uses. Sec. 6.12.3160. Development standards. Sec. 6.12.3170. Review of application; procedures. Sec. 6.12.3180. Term of approval. Sec. 6.12.3190. Amendments, Division 10. B-1 Retail Sales Business District Sec. 6.12.3210. Purpose. Sec. 6.12.3220. Site plan review. Sec. 6.12.3230. Permitted uses. Sec. 6.12.3240. Conditional uses. Sec. 6.12.3250. Accessory uses. Sec. 6.12.3260, Area, height, lot width, setback requirements and design requirements. Division. 11. B-2 Lakeshore Business District Sec. 6.12.3310. Definitions. Sec. 6,12.3320. Purpose. Sec. 6.12.3330. Site plan review. Sec. 6.12.3340. Permitted uses. Sec. 6.12.3350. Conditional uses. Sec. 6.12.3360. Accessory uses. Sec. 6.12.3370. Parking requirements. Sec. 6.12.3380. Yards. Sec. 6.12.3390. Landscaping areas. Sec. 6.12.3400. Additional performance standards. Sec. 6.12.3410. Area, height, lot width and yard requirements. CD6:4 M 0 M LAND USE Sec. 6.12.3420. Setback, hard cover and tree removal regulations. Sec. 6.12.3430. Drainage. Sec. 6.12.3440. Nonconforming use. Sec. 6.12.3450. Variances. Sec. 6.12.3460. Regulation of structures within the lake; adoption by reference. Sec. 6.12.3470. Reference to other ordinances. Division 12. B-3 Shopping Center Business District Sec. 6.12.3510. Purpose. Sec. 6.12.3520. Site plan review. Sec. 6.12.3530. Single control. Sec. 6.12.3540. Permitted uses. Sec. 6.12.3550. Conditional uses. Sec. 6.12.3560. Accessory uses. Sec. 6.12.3570. Area, height, yard, setback and design requirements. Division 13. B-4 Office and Professional Business District Sec. 6.12.3610. Purpose. Sec. 6.12.3620. Site plan review. Sec. 6.12.3630. Permitted uses. Sec. 6.12.3640. Conditional uses. Sec. 6.12.3650. Accessory uses. Sec. 6.12.3660. Area, height, lot width, yard, setback and design requirements. Division 14. B-5 Limited Neighborhood Business District Sec. 6.12,3710. Purpose. Sec. 6.12.3720. Site plan review. Sec. 6.12.3730. Permitted uses. Sec. 6.12.3740. Conditional use. Sec. 6.12.3750. Accessory uses. Sec. 6.12.3760. Area, height, lot width, setback requirements and design requirements. Division 15. B-6 Highway Commercial District Sec. 6.12.3810. Purpose. Sec. 6.12.3820. Site plan review. Sec. 6.12.3830. Permitted uses. Sec. 6.12.3840. Relationship with planned unit developments. Sec. 6.12.3850. Conditional uses. Sec. 6.12.3860. Accessory uses. Sec. 6.12.3870. Area, height, lot width, setback requirements and design requirements. Division 16. I Industrial District Sec. 6.12.3900. Purpose and review of building permit applications. Sec. 6.12.3910. Permitted uses. Sec. 6.12.3920. Conditional uses. Sec. 6.12.3930. Accessory uses. Sec. 6.12.3940. Lot area, height, setbacks, and lot coverage. Sec. 6.12.3950. Building design and construction. Sec. 6.12.3960. Off-street parking. Sec. 6.12.3970. Loading. Sec. 6.12.3980. Landscaping. Sec. 6.12.3990. Drainage. Sec. 6.12.4000. Lighting. Sec. 6.12.4010. Signage. CD6:5 0 M ORONO CODE Article V. Conditional Uses Division 1. Generally (Reserved) Division 2. Pennit Sec. 6.12.4040. Purpose. Sec. 6.12.4050. Reference to planning commission. Sec. 6.12.4060. Application. Sec. 6.12.4070. Failure of planning commission to act. Sec. 6.12.4080. Hearings and notice. Sec, 6.12.4090. Granting of permit. Sec. 6.12.4100. Denial of permit. Sec. 6.12.4110. Lapse of permit. Sec. 6.12.4120. Lapse of use. Sec. 6.12.4130. Conditional use permits for nonconforming uses. Sec. 6.12.4140. Conditional use permit review. Sec. 6.12.4150. Unlawful act. Division 3. Requirements for• Specific Uses Sec. 6.12.4180. Conditional use permit for essential services. Sec. 6.12.4190. Commercial recreation. Article VI. Planned Unit Development (PUD) Sec. 6.12.4210. Authorization. Sec. 6,12.4220. Allowed uses. Sec. 6.12.4230. Required standards. Sec. 6.12.4240. Coordination with subdivision regulations. Sec. 6.12.4250. Revisions and/or changes. Sec. 6.12.4260. Phasing and guarantee of performance. Sec. 6.12.4270. Control of planned unit development following completion, Sec. 6.12.4280. Procedure for processing a planned unit development. Sec. 6.12.4290. Planned unit development No. 2—Dunbar PUD, Sec. 6.12.4300. Planned unit development No. 4—Dahlstrom Development Corporation PUD. Article VII. Highway 12 Corridor Study Area Division, 1. Generally (Reserved) Division. 2. Special Requirements for Rezoning Sec. 6.12.4410. Minimum area. Sec. 6.12.4420. Access and circulation plan. Sec. 6.12.4430, Sanitary sewer and municipal water availability. Sec. 6.12.4440. Stormwater management. Sec. 6,12.4450. Available zoning districts. Sec. 6.12.4460. Building design and construction. Sec. 6.12.4470. Requirement of development agreement. Article VIII. Floodplain Management Division 1. Statutory Authorization, Findings of Fact and Purpose Sec. 6.12,4510. Statutory authorization, Sec. 6.12.4520. Purpose. CD6:6 LAND USE Division 2. General Provisions Sec. 6.12.4610. How to use this article. Sec. 6.12.4620. Lands to which article applies. Sec. 6.12.4630. Incorporation of maps by reference. Sec. 6.12.4640. Regulatory flood protection elevation. Sec. 6.12.4650. Interpretation. Sec. 6.12.4660. Abrogation and greater restrictions. Sec. 6.12.4670. Warning and disclaimer of liability. Sec. 6.12.4680. Severability. Sec. 6.12.4690. Definitions. Sec. 6.12.4700. Annexations. Sec. 6.12.4710. Detachments. Division 3. Establishment of Zoning Districts Sec. 6.12.4810. Districts. Sec. 6.12.4820. Applicability. Division 4. Floodway District (FW) Sec. 6.12.4910. Permitted uses. Sec. 6.12.4920. Standards for floodway permitted uses. Sec. 6.12.4930. Conditional uses. Sec. 6.12.4940. Standards for floodway conditional uses. Division 5. Flood Fringe District (FF) Sec. 6.12.5010. Permitted uses. Sec. 6.12.5020. Standards for flood fringe permitted uses. Sec. 6.12.5030. Conditional uses. Sec. 6.12.5040. Standards for flood fringe conditional uses. Division 6. General Floodplain District (GF) Sec. 6.12.5110. Permitted uses. Sec. 6.12.5120. Procedures for floodway and flood fringe determinations. Division 7. Land Development Standards Sec. 6.12.5210. Applicability to land. Sec. 6.12.5220. Subdivisions. Sec. 6.12.5230. Building sites. Division 8. Public Utilities, Railroads, Roads, and Bridges Sec. 6.12.5310. Public utilities. Sec. 6.12.5320. Public transportation facilities. Sec. 6.12.5330. On -site water supply and sewage treatment systems. Division 9. Manufactured Homes, Manufactured Home Parks, and Recreational Vehicles Sec. 6.12.5410. Manufactured homes. Sec. 6.12.5420. Recreational vehicles. Division 10. Administration Sec. 6.12.5510. City administrator. Sec. 6.12.5520. Permit requirements. Sec. 6.12.5530. Variances and appeals. Sec. 6.12.5540. Conditional uses. CD6:7 N M ORONO CODE Division 11. Nonconform.ities Sec. 6.12.5610. Continuance of nonconformities. Division 12. Penalties and Enforcement Sec. 6.12,5710. Violation constitutes a misdemeanor. Sec. 6.12.5720. Other lawful action. Sec. 6.12.5730. Enforcement. Division 13. Amendments Sec. 6.12.5810. Floodplain designation; restrictions on removal. Sec. 6.12.5820. Amendments require DNR approval. Sec. 6.12.5830. Map revisions require ordinance amendments. Article D(. Shoreland Management Division 1. Generally Sec. 6.12.5910. Definitions. Sec. 6.12.5920. Statement of purpose. Sec. 6,12.5930. Statutory authorization. Sec. 6.12.5940. Amendments. Sec. 6.12.5950. Jurisdiction. Sec. 6.12.5960. Compliance. Sec. 6.12.5970. Classification of public waters. Sec. 6.12.5980. Establishment of SD Shoreland Overlay District. Sec. 6.12.5990. Adoption of official map and interpretation of district boundar- ies. Sec. 6.12.6000. Zoning district compliance with minimum requirements. Sec. 6.12.6010. Subdivision/platting provisions. Sec. 6.12.6020. Riparian access and rights. Division 2. Administration and Enforcement Sec. 6.12.6110. Enforcement. Sec. 6,12.6120. Land alteration and building permits required. Sec. 6.12.6130. Certificate of zoning compliance. Sec. 6.12.6140. Variances. Sec. 6.12.6150. Conditional uses. Sec. 6.12.6160. Notifications to the department of natural resources. Sec. 6,12.6170, Nonconformities. Division 3. Shoreland Overlay District Standards Sec. 6.12.6210. General requirement; greater restriction. Sec. 6.12.6220. Minimum lot area/lot width standards. Sec. 6.12.6230, Lakeshore access lots. Sec. 6.12.6240. Placement of buildings and structures on lots. Sec. 6.12,6250. Minimum lowest floor elevations. Sec. 6.12.6260. Water -oriented accessory structures. Sec. 6.12.6270. Driveways, stairways, lifts and landings. Sec. 6.12.6280. Steep slopes. Sec. 6.12.6290. Height of structures. Sec. 6.12.6300. Vegetation alterations. Sec. 6.12.6310. New public and private roads. Sec. 6.12.6320. Stormwater management. Sec. 6.12.6330. Hardcover limitations. Sec. 6.12.6340. Standards for commercial, public and semipublic uses. Sec. 6.12.6350. Agricultural use standards. Sec. 6.12.6360. Forest management standards. M M LAND USE Sec. 6.12.6370. Extractive use standards. Sec. 6.12.6380. Water supply. Sec. 6.12.6390. Sewage treatment. Sec. 6.12.6400. Significant historic sites. Division 4. PRD/PUD Standards Sec. 6.12.6510. Types of allowed planned developments. Sec. 6.12.6520. Commercial PUDs. Sec. 6.12.6530. Processing of residential planned unit developments. Sec. 6.12,6540. Application for a planned residential development. Sec. 6.12.6550. Site -suitable area evaluation. Sec. 6.12.6560. PRD allowable density evaluation. Sec. 6.12.6570. Maintenance and administration requirements. Sec. 6.12.6580. Open space requirements. Sec. 6.12.6590. Erosion control and stormwater management. Sec. 6.12.6600. Centralization and design of facilities. Sec. 6.12.6610. Conversion. Article X. Supplementary Requirements and Restrictions Division 1. Generally Sec. 6.12.6710. Height of structures. Sec. 6.12.6720. Combination of separated parcels prohibited. Sec. 6.12.6730. One principal building per lot. Sec. 6.12.6740. Lots to face streets. Sec. 6.12.6750, Special standards for back lots created after January 1, 1994. Sec. 6.12.6760. Traffic visibility. Sec. 6.12.6770. Dwelling use prohibited. Sec. 6.12.6780. Gas stations. Sec. 6.12.6790. Drive-ins. Sec. 6.12.6800. Fallout and blast shelters. Sec. 6.12.6810. Home occupations. Sec. 6.12.6820. Sexually oriented businesses. Sec. 6.12.6830. Communication reception/transmission devices. Sec. 6.12.6840. Alternative energy systems. Division 2. Yards and Open Spaces Sec. 6.12.6910. Reduction prohibited. Sec. 6.12.6920. Application to only one dwelling or group. Sec. 6.12.6930. Lot coverage and massing standards. Sec. 6.12.6940. Permitted encroachments. Sec. 6.12.6950. Additional yard provisions. Division 3. Accessory Buildings and Structures Sec. 6.12.7010. Accessory buildings and structures on through lots. Sec. 6.12.7020. Time of construction. Sec. 6.12.7030. Accessory dwelling units. Sec. 6.12.7040. Building size restrictions. Sec. 6.12.7050. Garages on lake lots. Sec. 6.12.7060. Plumbing. Sec. 6.12.7070. Building placement. Sec. 6.12.7080. Exterior materials. Division 4. Sign Code Sec. 6.12.7110. Recitals. Sec. 6.12.7120. Purpose. Sec. 6.12.7130. Findings. CD6:9 ORONO CODE Sec. 6.12.7140. Scope of regulations. Sec. 6.12.7150. Definitions. Sec. 6.12.7160. Application process. Sec. 6.12.7170. Review process. Sec. 6.12.7180, Appeals process. Sec. 6.12.7190. Fees. Sec. 6.12.7200. Inspection and enforcement. Sec. 6.12.7210, Exempt signs. Sec. 6.12.7220. Prohibited signs. Sec. 6.12.7230. Regulation by sign district. Sec. 6.12.7240. Permitted sign type, area, height, and illumination by sign district. Sec. 6.12.7250. Changeable message sign. Sec. 6.12.7260. Allocation of permanent signs on multitenant development sites. Sec. 6,12.7270. Temporary on -premises signs. Sec. 6.12.7280. Sign standard adjustments. Sec. 6.12.7290. Maintenance and repair. Sec. 6.12.7300. Nonconforming signs. Sec. 6.12.7310. Severability. Division 5. Off -Street Parking and Loading Subdivision I. In General Sec. 6.12.7410. General provisions. Sec. 6.12.7420. Residential driveways, approaches and turnarounds. Sec. 6.12.7430. Business driveways, approaches and turnarounds. Sec. 6.12.7440. Regulatory signs. Subdivision II. Parking Sec. 6.12.7510. Setbacks for parking. Sec. 6.12.7520. Joint parking. Sec. 6.12.7530. Control of parking facilities. Sec. 6.12.7540. Storage prohibited. Sec. 6.12.7550. Design and maintenance of parking areas. Sec. 6.12.7560. Required off-street parking. Subdivision III. Loading Sec. 6.12.7610. Application of loading rules to all districts. Sec. 6.12.7620. Location of loading berths. Sec. 6.12.7630. Size of loading berths. Sec. 6.12.7640. Access to loading berths. Sec. 6.12.7650. Surfacing of loading berths. Sec. 6.12.7660. Storage prohibited. Sec. 6.12.7670. Required loading berths. Division 6. Performance Standards Sec. 6.12.7710. Standards for all districts. Sec. 6.12.7720. Density. Sec. 6.12.7730. Noise. Sec. 6.12,7740. Smoke, particulate matter. Sec. 6.12.7750. Toxic or noxious matter. Sec. 6.12.7760. Odors, solid matter. Sec. 6.12.7770. Vibration. Sec. 6.12.7780. Glare or heat. Sec. 6.12.7790. Explosives. Sec. 6.12.7800. Screening. Sec. 6.12.7810. Maintenance. CD6:10 LO r M LAND USE Sec. 6.12.7820. Exterior storage in R districts. Sec. 6.12.7830. Waste materials. Sec. 6.12.7840. Drainage. Sec. 6.12.7850. Traffic control. Sec. 6.12.7860. Radiation, electrical disturbance. Division 7. Grading and Land Alterations Sec. 6.12.7900. Purpose. Sec. 6.12.7910. Information required. Sec. 6.12.7920. Permit required. Sec. 6.12.7930. Standards for issuance. Sec. 6.12.7940. Interim use permit requirements. Article XI. Wetlands Protection Division 1. Generally Sec. 6.12.8010. Purpose and intent. Division 2. Designation of Protected Wetlands Sec. 6.12.8110. Wetland types. Sec. 6.12.8120. Boundaries of the wetland overlay districts and designation of official city wetland map. Sec. 6.12.8130. Interpretation of wetlands boundaries. Division 3. Buffer Areas Sec. 6.12.8210. Wetland buffer areas and setbacks. Division 4. Uses Sec. 6.12.8310. Permitted uses. Sec. 6.12.8320. Conditional uses. Division 5. Standards for the Wetland Overlay District, Buffer Areas and Neighboring Lands Sec. 6.12.8410. Standards. Sec. 6.12.8420. Removal of lands from the wetlands overlay district. Sec. 6.12.8430. Alteration of wetlands. Sec. 6.12.8440. Public control of wetlands. Sec. 6.12.8450. Violations. Sec. 6.12.8460. Authority/enforcement actions. Article XII. Conservation Design Division 1. Generally Sec. 6.12.8510. Purpose and intent. Sec. 6.12.8520. Applicability. Sec. 6.12.8530. Definitions. Division 2. Basic Application and Plan Requirements Sec. 6.12.8610. Application requirements and procedures. Sec. 6.12.8620. Basic conservation design master plan requirements and evalu- ation criteria. Division 3. Density Bonus Standards Sec. 6.12.8710. Density bonuses for urban density development. CD6:11 ORONO CODE Sec. 6.12.8720. Performance bonus requirements. Division 4. Long -Term Preservation Sec. 6.12.8810. Preservation requirements. Sec. 6.12.8820. Buyer education. Division 5. Resources Sec. 6.12.8910. Facilitating conservation design. Article XIII. Stormwater Quality Overlay District Division 1. Generally Sec. 6,12.9010. Purpose. Sec. 6.12.9020. Adoption of the stormwater quality overlay district map. Sec. 6.12.9030. District application. Division. 2. General Regulations for All Parcels Within the Storm.water Quality Overlay District Sec. 6.12.9110. Hardcover restriction zones. Sec. 6.12.9120. Driveways generally. Sec. 6.12.9130. Shared driveways. Sec. 6.12.9140. Standard hardcover inclusions. Sec. 6.12.9150. Standard hardcover exclusions. Sec. 6.12.9160. Massing standards. Sec. 6.12.9170. Variances. Division. 3. Regulations Based on Assigned Protection Tier and Underlying Zoning Sec, 6.12,9210. Specific tier regulations. Sec. 6.12.9220. Tier assignment methodology Article XIV. Interim Uses Division 1. Generally (Reserved) Division. 2. Land Alterations Sec. 6.12.9410. Purpose and intent. Sec. 6.12,9420. Interim use permit required. Division 3. Permit Sec, 6.12.9510. Definition, purpose and intent. Sec. 6.12.9520. Application procedure. Sec. 6.12.9530. Standards and conditions. Sec. 6.12.9540. Effect of permit. Sec. 6.12.9550. Termination. Chapter 6.16. Construction Site Runoff Control Sec. 6.16.010. Intent. Sec. 6.16.020. Statutory authorization, Sec. 6.16.030. Findings. Sec. 6.16.040. Purpose. Sec. 6.16.050. Definitions. Sec. 6.16.060. Permit and SWPPP required. Sec. 6.16.070. Application procedures. CD6:12 ti M LAND USE Sec. 6.16.080. Stormwater pollution prevention plan review process. Sec. 6.16.090. Minimum SWPPP best management practices (BMPs). Sec. 6.16.100. Completion of work. Sec. 6.16.110. Emergency corrective action. Sec. 6.16.120. Penalties. Sec. 6.16.130. Other controls. Sec. 6.16.140. Severability. Chapter 6.20. Subdivision Regulations Article I. In General Sec. 6.20.010. Rules. Sec. 6.20.020. Definitions. Sec. 6.20.030. Scope. Sec. 6.20.040. Policy. Sec. 6.20.050. Purposes. Sec. 6.20,060. Authority. Sec. 6.20.070. Minimum standards. Sec. 6.20.080. Conflict with public provisions. Sec. 6.20.090. Saving provision. Sec. 6.20.100. Amendments of other provisions of this Code and regulations. Sec. 6.20.110. Jurisdiction. Sec. 6.20.120. Compliance. Sec. 6.20.130. Conditions. Article II. Administration and Enforcement Sec. 6.20.210. Enforcement. Sec. 6.20.220. Fees for subdivision applications. Sec. 6.20.230. Variances. Sec. 6.20.240. Issuance of building permits and certificates of occupancy. Sec. 6.20.250. Appeals. Article III. Plat Approval Process Division 1. Generally Sec. 6.20.310. Restrictions on development prior to final plat approval. Sec. 6.20.320. Coordination of subdivision approval. Sec. 6,20.330. Official submission dates. Sec. 6.20.340. Initial staff review. Sec. 6.20.350. Sketch plan. Sec. 6.20.360. Vested rights. Division 2. Preliminary Plat Sec. 6.20.410. Purpose and requirements. Sec. 6,20.420. Plat application. Sec. 6.20,430. Staff and agency review of the preliminary plat. Sec. 6.20.440. Planning commission review of the preliminary plat. Sec. 6.20.450. Council review of the preliminary plat. Sec. 6.20.460. Effective period of preliminary plat review. Division 3. Final Plats Sec. 6.20.510. Purpose; requirements. Sec. 6.20.520. Final plat application. Sec. 6.20.530. Staff review of the final plat. Sec. 6.20.540. Council review of the final plat. CD6:13 00 M ORONO CODE Sec. 6.20.550. Effective period of final plat approval. Division 4. Subdivision Certification and Recording Sec. 6.20.610. Documents. Sec. 6.20.620. Staff certification. Sec. 6.20.630. Official plat certification. Sec. 6.20.640. Final acceptance of improvements. Division 5. Exceptions Sec. 6.20.710. Certification procedure and limitations. Article IV. Design Standards and Required Improvements Division 1. Generally Sec. 6.20.810. Special requirements for subdivisions involving public or private improvements. Sec. 6.20.820. Assurance for completion and maintenance of required public or private improvements. Sec. 6.20.830. Inspection of required public and private improvements. Sec. 6.20.840. Maintenance of required public and private improvements. Sec. 6.20.850. Deferral of required public or private improvements. Sec. 6.20.860. Subdivisions straddling municipal and school district boundar- ies. Sec. 6.20.870. Monuments. Sec. 6.20.880. Character of the land. Sec. 6.20.890. Plat name. Sec. 6.20.900. Drainage and storm sewers. Sec. 6.20.910. Water facilities. Sec. 6.20.920. Sewerage facilities. Sec. 6.20.930. Utilities. Sec. 6.20.940. Preservation of natural features and amenities. Sec. 6.20.950, Parks and playgrounds. Division 2. Lots Sec. 6.20.1010. Security to include lot improvement. Sec. 6.20.1020. Lot arrangement. Sec. 6.20.1030. Lot dimensions. Sec. 6.20.1040. Lot area, minimum. Sec. 6.20.1050. Lakeshore lots. Sec. 6.20.1060. Double -frontage lots, access to lots, and front/back lot divisions. Sec. 6.20.1070. Soil preservation, grading and seeding. Sec. 6.20,1080. Debris and waste. Division 3. Roads and Public Ways Sec. 6,20.1110. Design standards. Sec. 6.20.1120. Off -site premises; roadways. Sec. 6.20,1130. On -site roadways. Sec. 6.20.1140. Road dedication and reservations. Sec. 6.20.1150. Pedestrian access. Division 4. Conservation Design Sec, 6.20.1200. Conservation design required. CD6:14 o� M LAND USE Chapter 6.24. Buildings and Building Regulations Article I. In General Sec. 6.24.010. Permits and special requirements for moving buildings. Sec. 6.24.020. Permit to use public property. Sec. 6.24.030. Clean fill. Sec. 6.24.040. Vacant buildings. Sec. 6.24.050. Damaged buildings. Article II. Building Code Division 1. Generally Sec. 6.24.110. Correction of violations required. Sec. 6.24.120. Unlawful acts. Sec. 6.24.130. Codes adopted by reference. Sec. 6.24.140. Application, administration and enforcement. Sec. 6.24.150. Permits and fees. Sec. 6.24.160. Violations and penalties. Sec. 6.24.170. Building code optional chapters. Division 2. Construction Permit Sec. 6,24.210. Required. Sec. 6.24.220. Limitations. Sec. 6.24.230. Permit application; information required. Sec. 6.24.240. Contractor licensing requirements. Sec. 6.24.250. Permit expiration. Chapter 6.28. Waterways Article I. In General Sec. 6.28.010. Prohibited flotation blocks. Article II. Joint Use of Lake Facilities Sec. 6.28.110. Definitions. Sec. 6.28.120. Joint use standards. Article III. Marinas Sec. 6.28.210. Definitions. Sec. 6.28.220. Zoning standards. Sec. 6.28.230. Designation of primary operator. Sec. 6.28.240. Operation standards. Article IV. Regulation of Watercraft on Long Lake Sec. 6.28.310. Definitions. Sec. 6.28.320. Purpose, intent, application. Sec. 6.28.330. Exempt personnel. Sec. 6.28.340. Enforcement. Sec. 6.28.350. Penalties. Sec. 6.28.360. Long Lake; special provisions. Article V. Mooney Lake Rules and Regulations Sec. 6.28.410. Definitions. CD6:15 0 N M ORONO CODE Sec. 6.28.420. Horsepower limitation. Sec. 6.28.430. Hours of operation. Sec. 6.28.440, State law adopted. Sec. 6.28.450. Exemption. CD6:16 T" N M LAND USE CHAPTER 6.04. PLANNING COMMISSION* Sec. 6.04.010. Established. A planning commission is established. (Code 1984, § 2.51(1); Code 2003, § 74-1; Ord. No. 115(2nd series), 5-24-1993) State law reference —Planning commission authorized, Minn. Stats. § 462.354, subd. 1. Sec. 6.04.020. Membership. (a) The planning commission is composed of seven members, who serve staggered three-year terms. The period of these terms is from April 1 to March 31, and the members shall be appointed by the second business meeting in March. (b) It is the policy of the council to appoint persons to the planning commission as follows: (1) Two of the members shall reside in and be appointed to represent the rural service area of the city as defined in the comprehensive management plan; two members residing in and appointed to represent the urban service area, one appointed that resides on Lake Minne- tonka Lakeshore property; and two shall be appointed to represent the city at large. (2) The council by majority vote may deviate from this policy to appoint persons without specific designation. (3) The zoning administrator and one coun- cilmember shall be members of the com- mission ex ofiicio and without vote. (4) The council may by majority vote appoint one or more alternate planning commis- sion members to serve when regular members are absent. Alternate members shall be chosen at large. (Code 1984, § 2.51(1); Code 2003, § 74-2; Ord. No. 115(2nd series), 5-24-1993) *State law reference —Planning, Minn. Stats. § 462,351 et seq. Sec. 6.04.030. Powers and duties. § 6.08.010 The planning commission shall be the plan- ning agency of the city and be an advisory body to the council. The commission shall have the power, under the direction of the council, to carry on the duties set forth in state law and those duties provided by this Code and such other duties as prescribed by the council. The commis- sion shall hold a regular meeting once each month and keep records of its proceedings. (Code 1984, § 2.51(2); Code 2003, § 74-3; Ord. No. 115(2nd series), 5-24-1993) State law reference —Planning commission functions, Minn. Stats. § 462.351 et seq. CHAPTER 6.08. REIMBURSEMENT OF DEVELOPMENT COSTS, ESCROWS Sec. 6.08.010. 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: Costs means any time or expense incurred by the city for governmental services performed by the city planning director, city engineer and city attorney or any other regular staff or consultants. Development means any subdivision, planned unit development, rezoning, conditional use permit, variance, vacation, building permit, or site plan; or proposed subdivision, planned unit development, rezoning, conditional use permit, variance, vacation, building permit, or change in site plan; or any amendment to a previously approved subdivision, planned unit develop- ment, rezoning, conditional use permit, vari- ance, vacation, building permit or site plan. Owner means any property owner, applicant, or duly authorized representative of a develop- ment. Improvements means all those public and private facilities to be constructed by the owner in support of the approved development, as established in the development agreement between the city and the owner, including, but not limited to, streets and roads, parking lots, CD6:17 N N M § 6.08.010 ORONO CODE sidewalks, trails, sewer and water facilities, storm water management facilities, site grading and restoration, erosion control, landscaping, etc. (Code 2003, § 75-1; Ord. No. 42(3rd series), § 1, 2-11-2008; Ord. No. 65(3rd series), § 1, 11-23- 2009) Sec. 6.08.020. Reimbursement required. Any owner that causes the city to incur costs on behalf of, or on account of, that owner, associ- ated with a proposed development, shall reimburse the city for the actual costs expended by the city on behalf of, or on account of, said owner. An owner shall be responsible for reimbursing the city for all actual costs, whether the proposed development is approved, denied, tabled or withdrawn by the owner. (Code 2003, § 75-2; Ord. No. 42(3rd series), § 1, 2-11-2008; Ord. No. 190(3rd series), § 3, 4-10- 2017) Sec. 6.08.030. Application deposit required. At the time of application, the owner shall deposit with the city in escrow an amount, as determined by the city administrator (or as directed in the city fee schedule), necessary to secure coverage of the total costs associated with review and approval of the proposed develop- ment. The owner will then be expected to maintain the escrow fund at a balance equal to the original amount deposited. Any escrow shall be held in a special escrow account and shall be credited to the said owner. Expenditures to be secured by the aforesaid escrow account shall include, but not be limited to, staff time in excess of that covered by the standard application fees; engineer- ing consultant and legal consultant expenses incurred by the city in development application review and approval; and all other city staff administrative and consultant services performed in the processing of said review and approval. (Code 2003, § 75-3; Ord. No. 42(3rd series), § 1, 2-11-2008) Sec. 6.08.040. Construction deposit required. Prior to issuance of permits and prior to commencement of any site work, the owner shall deposit with the city in escrow an amount, as determined by the city administrator (or as directed in the city fee schedule), necessary to secure coverage of the total costs associated with review and inspection of the construction of improvements associated with the approved development. The owner will then be expected to maintain the escrow fund at a balance equal to the original amount deposited. Any escrow shall be held in a special escrow account and shall be credited to the said owner. Expenditures to be secured by the aforesaid escrow account shall include, but not be limited to, staff time in excess of that covered by the standard application fees; engineering consultant and legal consultant expenses incurred by the city in review and inspection of the improvements; any office and field checking; when necessary, setting grade and drainage requirements; general supervision; staking; testing; installation; cost of traffic control and street signs; drafting as -built drawings; and all other city staff administrative and consultant services performed in relation to construction of the improvements. (Code 2003, § 75-4; Ord. No. 42(3rd series), § 1, 2-11-2008) Sec. 6.08.050. Regular billing statements of expenditures required. The city will on a regular basis forward to the owner a statement and bill for the expenditures incurred by the city for staff and consultant services. Such statements shall be due and payable within 15 days of receipt by the owner. No statement will be sent if there are no expenses incurred in the period since the most recent statement. The city shall itemize all time, services, and materials billed to any owner and said time, services, and materials shall be in accordance with the rules, regulations, and fees as promulgated and adopted by the council. (Code 2003, § 75-5; Ord. No. 42(3rd series), § 1, 2-11-2008) CD6:18 M N M LAND USE Sec. 6.08.060. Reimbursement of escrow fund. The owner shall reimburse the escrow fund for any deficits caused if the amount actually expended by, or billed to, the city exceeds the escrow fund balance. (Code 2003, § 75-6; Ord. No. 42(3rd series), § 1, 2-11-2008) Sec. 6.08.070. Refund of unexpended bal- ance. Any balance remaining in the account upon completion of the development shall be returned to the depositor by the finance department after all claims and charges thereto have been paid. (Code 2003, § 75-7; Ord. No. 42(3rd series), § 1, 2-11-2008) Sec. 6.08.080. Escrow fund not to draw interest. The city shall not pay interest on the monies deposited in the escrow fund. (Code 2003, § 75-8; Ord. No. 42(3rd series), § 1, 2-11-2008) Sec. 6.08.090. Rates established. The city administrator shall establish the rates charged for the services performed by city staff or consultants. (Code 2003, § 75-9; Ord. No. 42(3rd series), § 1, 2-11-2008) Sec. 6.08.100. Collection of unpaid service charges/costs. The council shall certify all unpaid costs to the county auditor, who shall enter them upon the tax records which shall then be collected together with the property taxes levied against the property. (Code 2003, § 75-10; Ord. No. 65(3rd series), § 2, 11-23-2009; Ord. No. 190(3rd series), § 4, 4-10- 2017) § 6.12.010 CHAPTER 6.12. ZONING REGULATIONS* ARTICLE I. IN GENERAL Sec. 6.12.010. 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 6.20. Accessory dwelling unit (ADU) means a subordinate habitable dwelling unit, which has its own basic requirements of shelter, heating, cooking and sanitation, which is attached or detached from a single-family dwelling. 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 loca- tions with four or more amusements machines and open for public use and participation. *State law reference —Zoning, Minn. Stats. § 462.357. CD6:19 N M § 6.12.010 ORONO CODE Amusement machine means a mechanical amusement device of any of the following types: (1) (2) A machine or electronic contrivance, including "pinball" machines, mechani- cal miniature pool tables, bowling machines, shuffle boards, electric rifle or gun ranges, miniature mechanical and electronic devices and games or amuse- ments 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 "amusement machine" does not include coin -operated music machines. 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: Antenna, personal wireless service, means a device consisting of a metal, carbon fiber, or other electromagnetically conductive rods or ele- ments, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wire- less communication radio waves, including cel- lular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services, including the sup- port structure. Antenna, radio and television receiving, means a wire, set of wires, metal or carbon fiber ele- ments, other than satellite dish antennas, used to receive radio, television or electromagnetic waves, including the supporting structure. 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. The term "satellite dish antenna" includes, 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. 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, includ- ing the supporting structure. Antenna support structure means any build- ing or other structure other than a tower which can be used for location of antennas. Antenna tower means a self-supporting lat- tice, 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 abandon- ment. Automobile repair, major, means general repair, rebuilding of trailers, including body work, framework and major painting service. CD6:20 N M LAND USE Automobile repair, minor, means the replace- ment 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 com- mercial establishment offering cosmetology services which may include hair cutting, color- ing, or styling, make-up application or consulta- tion, 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, cleans- ing or medical facials, non -surgical face lifts and other non -surgical cosmetic procedures, electri- cal 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 sup- port structures (and the main building if applicable). (2) The outer edge of building protrusions, bay windows or other similar features § 6.12.010 that extend outward from a building and are less than four feet from the ground shall be considered as part of the build- ing 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. The term "camp" 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 opera- tion of which a license is required by state law or structures used as a dwelling. Cannabis producer means a cannabis busi- ness licensed or endorsed under Minn. Stats. ch. 342 to cultivate cannabis plants or flowers; manufacture, process, or extract cannabis and cannabis parts; sell cannabis or cannabis products to other cannabis businesses; or transport or deliver cannabis and cannabis products from one cannabis business to another or to consumers. Cannabis retail business means a cannabis business licensed or endorsed under Minn. Stats. CD6:21 W N M § 6.12.010 ORONO CODE ch. 342 to sell cannabis products to consumers, including for on -site consumption, and not for the purpose of resale. The term "cannabis retail business" includes businesses licensed as can- nabis retailers, cannabis microbusinesses with a retail endorsement, and cannabis mezzobusi- nesses with a retail endorsement. 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. 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 inter- ment of cremated human remains within ciner- ary 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 amuse- ment 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 com- mercial recreation use shall take place outside of an enclosed building. An air -supported structure shall not be considered a building for purposes of this definition. The term "commercial recreation" does not include an adult use defined in section 6.12.6820(b), 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 mold- ing that crowns a building or wall. County dock means a dock owned and oper- ated by the county for the sole purpose of facilitating lake to ground transportation of patrons in emergency or law enforcement situa- tions. Curb cut means the opening along a street curb line or pavement 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. Day care means a location licensed by the state department of human services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. Dog boarding means indoor overnight board- ing services for more than three dogs aged greater than six months. Dog day care means indoor day care services for more than three dogs aged greater than six months. Dog grooming means a premises where pet grooming services such as bathing, teeth clean- ing, haircuts, and nail polishing and trimming are provided. Driveway means a paved or otherwise delineated area on private property for the opera- tion of automobiles and other vehicles. Dry buildable means that portion of the lot not encumbered by the waters of a duly recorded lake or river, wetlands, bluffs, or slopes steeper than 30 percent. Dwelling means a building or part of a build- ing containing independent living, sleeping, housekeeping accommodations, and sanitary facili- ties for occupancy by one family, intended to be occupied exclusively for residence purposes, but ti N M LAND USE 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 or fire 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, construc- tion, 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. Family means any number of individuals gener- ally, but not necessarily, related by blood or marriage, living together at one location maintain- ing 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 condo means a building or part of a building consisting of individual units for indoor storage of motor vehicles, boats, trailers, or § 6.12.010 recreational vehicles and such items as are customarily used for the care or upkeep of such motor vehicles, boats, trailers, or recreational vehicles. Individual units are owned or leased and may be capable of customization, alteration, or expansion by the owners or tenants of the units. The term "garage condo" may include common spaces or office areas. 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. 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. The term "hardcover" includes, but is not 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 occupa- tion 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 6.12.6810. 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 replace- ment of a nonconforming 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. CD6:23 ao N M § 6.12.010 ORONO CODE Junkyard means an area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disas- sembled 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 the 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 flag lot when the corridor is platted as part of the lot. When the corridor is merely an easement over another lot, the separated lot is considered to be an easement back lot. Lot, corner, means a lot situated at the junc- tion 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 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 the 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: CD6:24 (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 M N M LAND USE 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 mobile 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 move- ment 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. 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, build- ings or structures legally existing on January 1, 1975, which does not comply with all the regula- tions 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. § 6.12.010 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. Office means a commercial land use involving predominantly administrative, clerical, or profes- sional 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 transac- tions 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. OHWL means ordinary high-water level. Outdoor storage means the keeping of materi- als 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 keep- ing 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 the term 'outdoor storage." 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 contain- ing vegetation which can support grazing by horses, cattle or other domestic animals. Calcula- tions of minimum pasture acreage for the keep- CD6:25 0 M M § 6.12.010 ORONO CODE ing of farm animals shall not include any land defined as a wetland or wetland buffer under section 6.12.8110. 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 ground cover or a variety of types of pavement, pavers and other devices that provide stormwa- ter 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. The term "place of worship" does not include community education or art centers, schools, instructional centers, day care facilities, family day shelters, conservatories, convention centers, libraries, museums, residential dwell- ings, recreational and entertainment facilities, theaters or social service distribution facilities. Planning commission means the city 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. Residential treatment facility means a loca- tion licensed for residential treatment as defined in Minn. Stats. § 245.462, subd. 23, or a facility licensed to provide residential substance use disorder treatment under Minn. Stats. ch. 245G. 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 intoxicat- ing liquor or have live entertainment. Retaining wall means a structure designed to hold back and prevent lateral movement of earth. Two or more abutting boulders, 24 inches in diameter or greater, placed to hold back the earth are considered to be a retaining wall. Landscape edging, less than six inches tall, is not considered a retaining wall. 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 protec- tion 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. CD6:26 M M LAND USE 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 permit- ted 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 station- ary 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 dimen- sions 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. § 6.12.010 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 mas- sage, 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 noncom- mercial 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. CD6:27 N M M § 6.12.010 ORONO CODE Study and research center means one or more structures, together with the land used in con- nection therewith, whether contiguous or stand- ing 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 gener- ally 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, regula- tions 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 regula- tions for the district in which such lot is located. M M M LAND USE Yard, side street, means a side yard abutting a side street. (Code 1984, § 10.02; Code 2003, § 78-1; Ord. No. 94(2nd series), § 1, 5-13-1991; Ord. No. 97(2nd series), § 1, 8-26-1991; Ord. No. 101(2nd series), § 2, 2-24-1992; Ord. No. 122(2nd series), § 1, 12-13-1993; Ord. No. 161(2nd series), § 1, 6-7- 1997; Ord. No. 221(2nd series), § 2, 9-23-2002; Ord. No. 18(3rd series), §§ 1, 2, 9-27-2004; Ord. No. 28(3rd series), § 2, 8-22-2005; Ord. No. 32(3rd series), § 1, 3-27-2006; Ord. No. 37(3rd series), §§ 1, 2, 2-12-2007; Ord. No. 47(3rd series), § 1, 7-28-2008; Ord. No. 52(3rd series), § 1, 11-24-2008; Ord. No. 68(3rd series), § 3, 2-8-2010; Ord. No. 75(3rd series), § 2, 7-12-2010; Ord. No. 79(3rd series), § 1, 11-8-2010; Ord. No. 82(3rd series), § 1, 12-13-2010; Ord. No. 90(3rd series), § 1, 12-12-2011; Ord. No. 94(3rd series), § 1, 9-24-2012; Ord. No. 100(3rd series), § 9, 2-25-2013; Ord. No. 106(3rd series), § 26, 6-10- 2013; Ord. No. 139(3rd series), § 2, 2-23-2015; Ord. No. 150(3rd series), § 1, 6-8-2015; Ord. No. 156(3rd series), § 1, 8-10-2015; Ord. No. 160(3rd series), § 1, 11-9-2015; Ord. No. 167(3rd series), § 1, 4-11-2016; Ord. No. 170(3rd series), § 1, 6-13-2016; Ord. No. 173(3rd series), § 1, 6-27- 2016; Ord. No. 206(3rd series), § 1, 5-14-2018; Ord. No. 222(3rd series), § 1, 12-10-2018; Ord. No. 243(3rd series), § 1, 4-13-2020; Ord. No. 254(3rd series), § 1, 2-8-2021; Ord. No. 257(3rd series), § 1, 5-10-2021; Ord. No. 264(3rd series), § 1, 11-22-2021; Ord. No. 279(3rd series), § 1, 11-14-2022; Ord. No. 284(3rd series), § 1, 11-13- 2023; Ord. No. 303(3rd series), § 1, 4-8-2024; Ord. No. 306(3rd series), § 1, 11-12-2024; Ord. No. 310(3rd series), § 1, 12-9-2024) Sec. 6.12.020. Measurement of distances. All measured distances expressed in feet in this chapter shall be to the nearest tenth of a foot. (Code 1984, § 10.01(3)(B); Code 2003, § 78-2) Sec. 6.12.030. Violations. A person violates this chapter or requirement or condition of a variance or conditional use permit when he performs an act prohibited or declared unlawful, or fails to act when such § 6.12.050 failure is prohibited or declared unlawful, and upon conviction shall be punished as for a misdemeanor. (Code 1984, § 10.99; Code 2003, § 78-3) Sec. 6.12.040. Enforcement. If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used, in violation of this chapter, the zoning administrator, in addition to other remedies, may institute any proper action or proceedings in the name of the city to prevent such unlawful erection, construction, reconstruc- tion, alteration, repair, conversion, maintenance or use to restrain, correct or abate such viola- tions and to prevent any illegal act, conduct, business or use in or about the premises. (Code 1984, § 10.13; Code 2003, § 78-4) Sec. 6.12.050. Purpose. CD6:29 (a) Guiding principles. (1) The city is growing in population from a rural agricultural community to a rural residential community. Use of land for residential purposes is considered primary with other uses viewed as supporting this use. While present commercial or industrial activity, where consistent with residential use and other guiding principles, will be protected by ordinance or conditional use permit, it is not the intention to expand or allow all such commercial or industrial activity to a degree where it conflicts with the primary residential use and the other guiding principles. The continued use of land for farming and similar purposes will be protected by ordinance or conditional use permit where sufficient acreage allows such use to continue without conflict with expanding residential use. (2) The maintenance of open space and the avoidance of overcrowding of land is a basic guiding principle in this plan. In addition to avoiding the ill effects of excessive, intensive land development, it is the policy to also avoid the threat to It M M § 6.12.050 ORONO CODE public health which occurs with exces- sive crowding of private sewage disposal systems on substandard building sites. (3) The city has recognized that many of the open space policies which have previ- ously provided the basic direction of the land use policies have proven to be inadequate. It is now clear that on -site disposal systems must not be allowed on any site of less than two acres. It is now clear that the physical characteristics of the city make the extension of public services such as sewer extremely expensive and almost impossible in some areas. The city and other governmental agencies have learned that the premature development of open areas can be costly and disastrous to the environment. (4) Of paramount importance to the citizens of the city and to the citizens of the metropolitan area is the preservation of Lake Minnetonka and the wetlands that provide the only practical system of filtra- tion and purification of the stormwater so vital to the preservation of Lake Min- netonka and the groundwater supplies in the area. The disastrous effects of intense residential and commercial development within the city, and especially in those areas adjacent to Lake Minnetonka and the wetlands, are painfully evident. The adoption of additional regulations, rezon- ing of certain areas and the creation of larger lot sizes in unsewered areas is mandatory in order to protect the safety, health and welfare of the citizens of the city. (5) The guiding principles of maintaining open spaces, avoiding the ill effects of overcrowding, avoiding premature development, avoiding the future pollu- tion problems which are inherent in any plan to intensely develop land adjacent to wetlands and Lake Minnetonka, and the need to change some allowed uses in order to preserve the quality of the groundwater supplies in the area were recognized in the comprehensive municipal plan. (b) Intent and purpose. This chapter is adopted for the purposes of: (1) Protecting the public health, safety, morals, comfort, convenience and general welfare; (2) Dividing the city into zones and districts restricting and regulating therein the location, construction, reconstruction, alteration, and use of structures and land; (3) Promoting orderly development of the residential, business, industrial, recreation and public areas; (4) Providing adequate light, air and convenience of access to property; (5) Limiting congestion in the public right- of-way; (6) Preventing overcrowding of land and undue concentration of structures by regulating the use of the land and build- ings and the bulk of buildings in relation to the land and buildings surrounding them; (7) Providing for the compatibility of differ- ent land uses and the most appropriate use of land throughout the city, prevent- ing the destruction of the natural environmental assets located within the city, protecting the quality of stormwater runoff, Lake Minnetonka, Long Lake, the wetlands and marshes within the city; (8) Providing for a more orderly transition from a rural agricultural to rural residential environment; (9) Providing for the administration of this chapter; (10) Denning the powers and duties of the administrative, officers and bodies; and (11) Prescribing penalties for the violation of the provisions of this chapter. (Code 1984, § 10.01(1), (2); Code 2003, § 78-5; Ord. No. 299(3rd series), § 1, 3-11-2024) CD6:30 LAND USE Sec. 6.12.060. Minimum requirements. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare. (Code 1984, § 10.03(1); Code 2003, § 78-6) Sec. 6.12.070. More restrictive provisions to apply. Where the conditions imposed by any provi- sion of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, Code provision, statute, resolution or regulation of any kind, the regula- tions which are more restrictive or which impose higher standards or requirements shall prevail. (Code 1984, § 10.03(2); Code 2003, § 78-7) Sec. 6.12.080. Prohibitions. It is unlawful to convert, enlarge, reconstruct or alter any structure or use any structure or land for any purpose nor in any manner which is not in conformity with this chapter. (Code 1984, § 10.03(4); Code 2003, § 78-8) Sec. 6.12.090. Vacation of streets, alleys and public grounds. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except that such vacation shall require a petition by a majority of the landowners abut- ting the property to be vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stats. § 412.851. The council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as boulevard reserve. (Code 1984, § 10.12; Code 2003, § 78-9) State law reference —Vacating utility easements or boulevard reserves, Minn. Stats. § 462.358, subd. 7. § 6.12.220 ARTICLE II. ADMINISTRATION AND ENFORCEMENT Division 1. Generally Sec. 6.12.210. Zoning administrator. (a) This chapter shall be administered and enforced by the zoning administrator, who shall be appointed by the council. (b) The zoning administrator also shall: (1) Determine that all building permits comply with this chapter; (2) Issue all zoning occupancy certificates and make and maintain records; (3) Conduct inspections of buildings and use of land to determine compliance with the terms of this chapter; (4) Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments and special uses, variances, appeals and applica- tions; (5) Receive, file and forward all applications for appeals, amendments, variances, special uses or other matters to the designated official bodies; (6) Institute in the name of the city any appropriate actions or proceedings against a violator as provided by law; and (7) Serve as an ex officio nonvoting member of the planning commission. (Code 1984, § 10.06(1), (2); Code 2003, § 78-41) Sec. 6.12.220. Fees for zoning applications. (a) The fees to be paid for each application for rezoning, simple subdivision or variance, new, special or conditional use, accessory and principal uses, site plan review, or other approvals required in this Code shall be in the amount prescribed by the current city fee schedule provisions. Fees shall be payable at the time applications are filed with the zoning administrator. There shall be no fee in the case of applications filed in the public interest by the council or by the planning commission. CD6:31 W M M § 6.12.220 ORONO CODE (b) No person shall be issued a permit pursu- ant to this chapter and chapter 6.20 by the city until each applicant shall have paid to the city clerk the fixed and additional costs incurred by the city in reviewing the application as provided in this chapter. (c) Each applicant shall be charged the fixed fee specifically provided in this chapter or other provisions of this Code including the current fee schedule adopted by the city council as required to cover the costs incurred by the city in administratively processing, reviewing and issu- ing, if granted, each permit. (d) At the time of making application for each permit, each applicant shall pay the fixed fee as described in subsection (c) of this section. (e) Application fees are not refundable unless the application is withdrawn prior to referral to the planning commission. In the case of such timely withdrawal, the amount of refund shall be reduced by the costs incurred by the city prior to withdrawal, including, but not limited to, staff time, notification publication expenses, and consultant costs. (f) Each applicant shall comply with the provi- sions of chapter 6.08. (Code 1984, § 10.11; Code 2003, § 78-42; Ord. No. 42(3rd series), § 2, 2-11-2008; Ord. No. 68(3rd series), § 1, 2-8-2010) Sec. 6.12.230. Adoption and amendment procedure. (a) At any time after the adoption of a land use plan for the city, the planning commission, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the council with its recommendations for adoption. Subject to the requirements of this chapter, the council may adopt and amend a zoning ordinance with the favorable vote of a majority of the entire city council. Amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial require approval by a two-thirds vote of the entire city council. (b) No zoning ordinance or amendment shall be adopted until a public hearing has been held by the planning commission or by the council. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the city not less than ten days prior to the day of the hearing. When an amendment includes changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days prior to the day of the hearing to each owner of affected property and property situated wholly or partly within 500 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subsection has been made. (c) An amendment to this chapter may be initiated by: (1) Action of the council; (2) A recommendation of the planning com- mission; or (3) Petition of the owners of their or adjoin- ing property, the zoning of which is proposed to be changed. An amendment not initiated by the planning commission shall be referred to the planning commission for study and report and may not be acted upon by the council until it has received the recommendation of the planning commission on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the planning commission. (d) Rezoning applications may be denied by motion of the council, and such motion shall constitute a finding and determination that the proposed rezoning is not in the best interest for the physical development of the city. No applica- CD6:32 ti M M LAND USE tion which has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the planning commission. (Code 1984, § 10.10; Code 2003, § 78-43; Ord. No. 84(3rd series), § 1, 1-24-2011; Ord. No. 210(3rd series), § 1, 6-25-2018) State law references —Amendments generally, Minn. Stats. § 462.357, subd. 4; similar provisions, Minn. Stats. § 462.357, subd. 3. Sec. 6.12.240. All permits compatible with agency requirements. A building permit, conditional or special use permit, or other permit or necessary permission of the council, wherever or whenever required by this Code, may be denied if the proposed action or permit is not compatible with the intent and provisions of the surface water management plan, the stormwater runoff and shoreland guidelines policy statement promulgated by the Lake Minnetonka Conservation District, and any other valid governmental regulations, plans and policies adopted by the city. Three copies of the policy statement and other applicable governmental regulations, plans and policies adopted by the city shall be marked as official copies and filed for use and examination by the public at city hall. (Code 1984, § 10.03(3); Code 2003, § 78-44) Sec. 6.12.250. Building compliance. No building, structure or premises shall hereafter be used or occupied and no building permit shall be granted and no site plan review shall be approved that does not conform to the requirements of this chapter. (Code 1984, § 10.07(6); Code 2003, § 78-45; Ord. No. 68(3rd series), § 2, 2-8-2010) Sec. 6.12.260. Occupancy certificates. (a) When required. A zoning occupancy certificate shall be required for occupancy and use of any buildings erected or structurally altered; for new occupancy and use of an existing building when the new use is of a different zoning classification; for occupancy and use of § 6.12.260 vacant land and, new use of vacant land when the new use is of a different zoning classification; and for any change in the use of a nonconforming use. Where appropriate, the zoning occupancy certificate may be issued as part of building permit. (b) Prohibition. It is unlawful for any person to do any of the things mentioned in subsection (a) of this section as requiring an occupancy certificate without having one in force. Any certificate issued upon a false statement of any fact which is material to the issuance shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the zoning administrator, he shall forthwith revoke the occupancy certificate, by notice to the holder. It is unlawful for any person to proceed thereafter with such work or use without having obtained a new certificate. (c) Application for occupancy certificate. Every application for a building permit to erect a new building or to make a major alteration shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a use of land where no building permit is required shall be made directly to the zoning administrator. (d) Issuance of occupancy certificate. An occupancy certificate shall be approved within ten days after construction has been completed, the premises inspected and certified to be in conformance with the provisions of this chapter. Where vacant land or change in the use of occupancy of an existing building, or for change in a nonconforming use is involved, the certificate of occupancy shall be approved as soon as the zoning administrator has examined the premises and determined that the requirements of this chapter will be met. (e) Occupancy certificate required for nonconforming use. Application for such occupancy certificate for all lawful nonconforming uses or buildings created by the adoption of this chapter shall be filed with the zoning administrator by the owner or lessee by January 1, 1976. The zoning administrator shall approve a certificate of occupancy for a nonconforming use. Failure to apply for such occupancy certificate will be prima CD6:33 § 6.12.260 ORONO CODE facie evidence that such nonconforming use was either illegal or did not lawfully exist on January 1, 1975. (Code 1984, § 10.07(1)—(5); Code 2003, § 78-46) Sec. 6.12.270. Concept plan. (a) Purpose. The concept plan serves as the basis for conceptual discussion between the city and the applicant. There are two general types of concept review: Policy and land use. Policy concept review allows the council to provide informal comments related to land use policy (i.e., would the council be willing to consider a rezoning or land use amendment). A land use concept review process provides the applicant with an opportunity to submit a plan showing the basic intent and the general nature of the entire development. Neither the city council nor the planning commission will take any formal action to approve or deny the application. Com- ments, remarks, or observations made by the city council, planning commission, or city staff on the concept plan are not binding on the city for subsequent stages. (b) Requirements. (1) A concept plan review may be completed for projects requiring one or more of the following applications: a. Land use amendment (comprehensive plan amendment). b. Zone change. C. Zoning or subdivision ordinance text amendment. (2) A sketch plan may be prepared for certain subdivisions as outlined in section 6.20.350. (c) Concept plan application. The planning commission shall review all concept plans based upon the applicant's application. Complete applications shall include the following: (1) Completion of all items on the concept plan application form; (2) Information on the proposal to suf- ficiently communicate the request; (3) Any additional information requested by the zoning administrator; and (4) Payment of the concept plan review fee. (d) Concept plan review and recommenda- tions. (1) Concept plan review standards. City staff, the planning commission and city council shall study the concept plan, taking into consideration the requirements of gener- ally accepted planning practice, applicable ordinances, and the comprehensive plan. (2) Recommendations to the applicant. After reviewing and discussing the concept plan, the planning commission and/or zoning administrator may advise in a general manner the applicant of the changes or additions, if any, which are recommended. (3) Council review. Following planning com- mission review, the council may review a concept plan as was originally applied or in modified form. The council may provide comment on the proposal. (Code 2003, § 78-47; Ord. No. 168(3rd series), § 1, 5-9-2016) Sec. 6.12.280. Public hearing. When required by this chapter, a public hear- ing shall be held. CD6:34 (1) A notice of the time, place and purpose of the hearing shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 500 feet of the property. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropri- ate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person, and shall be made a part of the records of the proceed- ings. The failure to give published or mailed notice to individual property owners or defects in the notice shall not LAND USE § 6.12.310 invalidate the proceedings. This subsec- structure in safe condition when said tion shall not apply to amendments pursu- structure is declared unsafe by the build - ant to section 6.12.230. ing official. (2) In addition, a notice shall be published in (b) Nonconforming uses. the official newspaper once at least ten days before the day of the hearing. (1) Change to conforming use. When any (Code 2003, § 78-48; Ord. No. 210(3rd series), lawful nonconforming use of any structure § 2, 6-25-2018) or land in any district has been changed to a conforming use, it shall not thereafter Division 2. Nonconforming Uses and Related be changed to any nonconforming use. Matters (2) Change to new nonconforming use. An existing nonconforming use may not be Sec. 6.12.310. Nonconforming structures changed to another nonconforming use. and uses. (3) Relocation of nonconforming use. (a) General provisions. a. No nonconforming use shall be (1) Purpose. It is the purpose of this section moved to another lot or to any other to regulate nonconforming structures and part of the parcel of land upon uses, and to specify those requirements, which the same was conducted at circumstances and conditions under which the time of this section's adoption nonconforming structures and uses will unless such movement shall bring be operated and maintained. The zoning the nonconformance into compli- code establishes zoning districts and ance with the requirements of this specific uses which are permitted within section. each district. It is necessary and consistent b. Nonconforming non-structural with the establishment of these districts hardcover may be relocated, includ- that nonconforming structures and uses ing full replacement, to any other not be permitted to continue without part of the parcel of land upon restriction. which the same was conducted at (2) Effective date. Any structure or use law- the time of this section's adoption,provided fully existing upon the effective date of that: the ordinance from which this section is 1. The hardcover is nonconform- derived shall not be, enlarged, expanded, ing only by reason of the extended, or altered in any manner which percentage of land devoted to increases its nonconformity, but may be the use or the square footage continued at the size and in the manner of the use. of operation existing upon such date 2. The relocation does not physi- except as hereinafter specified or, cally enlarge the size of the subsequently amended. Any land or build- nonconforming use. ings which were actually and legally 3. The relocation does not devoted to a nonconforming use on Janu- substantially change the ary 1, 1975, and which were thereafter character of the nonconform- specifically allowed to continue said ing use. nonconforming use under the terms of a conditional use permit issued by the city 4. The relocation does not create council, shall be allowed to continue under a new nonconformity with the terms of said conditional use permit. respect to size or placement by relocating to a different (3) Safety repairs. Nothing in the zoning hardcover zone pursuant to sec - code shall prevent the placing of a tion 6.12.6330. CD6:35 0 M § 6.12.310 ORONO CODE 5. The relocation complies with structure shall have been damaged by all applicable setback require- fire, flood, explosion, earthquake, war, ments for the district in which riot, or act of God, it may be reconstructed it is located. and used as before if within 12 months 6. No relocation, in whole or part, after such calamity the property owner is made within 75 feet of the applies for a building permit to replace ordinary high-water level of the structure. If no permit is applied for any lake or tributary. within the time period then the whole structure shall be demolished, and any (4) Decrease in nonconforming use. A lawful construction thereafter shall be in full nonconforming use of a structure or parcel compliance and accordance with the provi- of land may be changed to decrease the sions of the zoning code. nonconformity of use. Once the (2) Remodeling and reconstruction. This nonconforming use of such structure or subsection is intended to apply to the parcel of land has been so changed, said voluntary and intentional removal of all use shall not thereafter be altered to so or portions of a lawful nonconforming as to increase the nonconformity from its structure. Whenever a lawful nonconform- decreased state. ing structure shall be destroyed by means (5) Discontinuation of nonconforming use. other than fire, flood, explosion, Whenever a lawful nonconforming use of earthquake, war, riot, or act of God, to a structure or land is discontinued and any extent then such structure may be remains discontinued for a period of 12 restored only if a building permit is months, any future use of said structure applied for within 180 days of the com- or land shall be in conformity with the mencement of the destruction. If no permit provisions of the zoning code. is applied for in the 180 days then the structure shall be built in full compliance (6) Normal maintenance. Normal and accordance with the provisions of maintenance of a building or other this chapter. structure containing or related to a lawful (3) Expansion of nonconforming structures. nonconforming use is permitted, includ- The term expansion of nonconforming ing incidental alterations which do not physically extend or intensify the structures" includes any increase in a nonconforming use. dimension, size, area, volume, or height; any placement of a structure or part (7) Alterations to lawful nonconforming units. thereof where none existed before; any Alterations may be made to a conforming addition of a site feature such as, but not building containing lawful nonconform- limited to, a deck, patio, fence, driveway, ing units, provided they will not increase parking area, or swimming pool; any the number of units or the nonconformity. improvement that would allow the land (8) Expansion of nonconforming uses. to be more intensely developed; and any Nonconforming uses may not be expanded exterior storage, signs, or lighting. No or enlarged. However, a lawful expansion of nonconforming structures nonconforming gun club may apply to the shall be permitted except as specifically city council to modify its hours of opera- listed and allowed herein: tion or to expand its operations within a. Expansion of nonconforming single - the existing defined parameters of the family residence structures. Lawful, property. nonconforming single-family residential structures may be (c) Nonconforming structures. expanded, provided: (1) Involuntary damage or destruction. 1. That the expansion does not Whenever a lawful nonconforming occupy any space within a CD6:36 LAND USE nonconforming area that was previously not occupied either vertically or horizontally, and complies with all height, setback, hardcover and lot coverage requirements of the district in which it is located. 2. That if the structure is nonconforming only with respect to substandard lot area or width for the district in which it is located, the expan- sion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where the lot line setback of a structure is less than 50 percent of the required setback for that zoning district, the city will require at a minimum that applicant shall make up the discrepancy by enlarging the opposite required yard depth to result in an aggregate yard depth equivalent to the combined required yard. b. Expansion of residential accessory structures. Lawful, nonconforming residential accessory buildings may be expanded provided: 1. That the expansion does not occupy any space within a nonconforming area that was previously not occupied either vertically or horizontally, and complies with all height, setback, and hardcover and lot coverage requirements of the district in which it is located. 2. That if the accessory structure is nonconforming only with respect to substandard lot area or width for the district in which it is located, the expan- sion shall meet all height, § 6.12.320 setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where an acces- sory structure encroaches upon the lot line setback, the city will require at a minimum that the existing accessory structure shall be modified so that it becomes completely conform- ing with respect to setbacks. (4) Relocation. No nonconforming structure shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed at the time of this section's adoption unless such movement shall bring the nonconformance into compliance with the requirements of the zoning code. (5) Prior permit. Any proposed structure which will, under this section, become nonconforming but for which a building permit has been lawfully granted not more than six months prior to the effec- tive date of the ordinance from which this section is derived, may be completed in accordance with the approved plans; provided construction is started within six months of the effective date of the ordinance from which this section is derived, and continues to completion within two years. Such structure shall thereafter be a legally existing nonconforming structure. (Code 2003, § 78-71; Ord. No. 33(3rd series), § 1, 2-27-2006; Ord. No. 85(3rd series), § 1, 2-14- 2011; Ord. No. 154(3rd series), § 1, 8-10-2015) Sec. 6.12.320. Lots of record. (a) A lot of record is any lot for which a deed or registered land survey has been recorded in the office of the register of deeds or the registrar of titles for the county prior to January 1, 1975, and after approval by the council if required. (b) A lot of record located within an R (Residential) or RR (Rural Residential) district but not within the SD Shoreland Overlay District, RS Seasonal Recreational District, or any of the CD6:37 N M § 6.12.320 ORONO CODE LR-Lakeshore Residential districts, which does not meet the requirements of this chapter as to area or width may be utilized for a single-family detached dwelling purpose, provided that in the judgment of the council or administrative approval by the planning director, such use does not adversely affect public health or safety and the following requirements are met: (1) In R districts of one acre or less and served by public sanitary sewer. A lot of record existing upon January 1, 1975, in any R district of the city of up to and including one acre, which lot is serviced by public sanitary sewer and which does not meet the requirements of this chapter as to area or width only, may be utilized for single-family detached dwelling purposes without council approval if all other requirements of the underlying zoning district are met, including, but not limited to, required yards, setbacks, lot coverage by structures, hardcover, etc. However, the lot of record shall not be more intensely developed unless combined with one or more abutting lots or portions so as to create a lot meeting the requirements of this chapter. (2) In R or RR districts of greater than one acre and served by public sanitary sewer. A lot of record in any R or RR district in the city in excess of one acre which does not meet the requirements of this chapter as to area or width only may be utilized for single-family detached dwelling purposes by administrative approval if the planning director finds that the fol- lowing conditions are met: a. It is at least one acre in size, and the average width of the lot is at least 100 feet; b. It is served by public sanitary sewer; and C. It otherwise meets the require- ments of this chapter or other applicable Code provisions. (3) In R or RR districts not served by public sanitary sewer. A lot of record in any R or RR district in the city not served by C_0. public sanitary sewer must meet the area and width requirements of this chapter and shall not be utilized for single-family detached dwelling purposes without council approval. Administra- tive approval may be granted for a lot of record not meeting the lot area and width requirements if the planning direc- tor finds that the following conditions are met: The lot area and lot width each meet at least 50 percent of the district standard. b. Suitable primary and alternate septic sites are identified on the property and are protected from future development by execution of a covenant. C. All other zoning ordinance require- ments must be met, including, but not limited to, the following: 1. Setbacks. 2. Hardcover. 3. Lot coverage by structures. 4. Accessory structure require- ments. (c) A lot of record located in any shoreland district, including the SD Shoreland Overlay District, RS Seasonal Recreational District, and any of the LR-Lakeshore Residential districts, that does not meet the requirements of this chapter for lot size or lot width shall be subject to the following regulations: (1) A nonconforming undeveloped single lot of record may be allowed as a building site without variances from lot size and width requirements, provided that: a. All setback requirements can be met; b. A Type 1 sewage treatment system consistent with Minn. R. ch. 7080, can be installed or the lot is con- nected to a public sewer; C. The impervious surface coverage meets all hardcover location and square footage restrictions of this M M LAND USE chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area; and d. All other zoning district standards can be met. (2) A nonconforming developed single lot of record may be allowed as a building site without variances from lot size and width requirements, provided that: a. All setback requirements can be met; b. A Type 1 sewage treatment system consistent with Minn. R. ch. 7080, can be installed or the lot is con- nected to a public sewer; C. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed the percentage permitted in the appropriate stormwater quality overlay district tier; and d. All other zoning district standards can be met. (3) In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the fol- lowing requirements: a. The lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minn. R. ch. 6120; b. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minn. R. ch. 7080, and local government controls; C. Impervious surface coverage must meet all hardcover location and square footage restrictions of this § 6.12.320 chapter and the total square footage of hardcover must not exceed 25 percent of the entire lot area; and d. Development of the lot must be consistent with the comprehensive plan. (4) A lot subject to subsection (c)(2) of this section not meeting the requirements of subsection (c)(2) of this section must be combined with the one or more contigu- ous lots so they equal one or more conform- ing lots as much as possible. (5) Notwithstanding subsection (c)(2) of this section, contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwell- ing at the time the lots came under common ownership and the lots are suit- able for, or served by, a sewage treatment system consistent with the requirements of Minn. Stats. § 115.55 and Minn. R. ch. 7080, or connected to a public sewer. (6) In all variance requests, zoning and build- ing permit applications or conditional use requests, the property owner shall address, when determined as appropri- ate by the city engineer or city staff, stormwater runoff management, reduc- tion of impervious surfaces, setback increases, restoration of wetlands, vegeta- tive buffers, sewage treatment and water supply capabilities, and other conserva- tion -designed actions. (7) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. (Code 1984, § 10.03(6)(A); Code 2003, § 78-72; Ord. No. 9(3rd series), § 1, 5-24-2004; Ord. No. 92(3rd series), § 1, 3-26-2012; Ord. No. 95(3rd series), § 1, 10-8-2012; Ord. No. 108(3rd series), § 1, 7-8-2013; Ord. No. 265(3rd series), § 1, 12-6-2021) CD6:39 le le M § 6.12.330 Sec. 6.12.330. Separation limited. ORONO CODE The separation by the transfer or sale of nonconforming, 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 this chapter. (Code 1984, § 10.03(6)(C); Code 2003, § 78-73) Sec. 6.12.340. Farming. All farms in existence on January 1, 1975, shall be permitted to continue operation subject to the following conditions: (1) No new stock farms shall be created or existing stock farms enlarged more than 25 percent over the total number of animals that existed on the farm as of January 1, 1975, with animals over one year old except under the provisions of a conditional use permit. In considering any such permit, the maximum number and type of animals to be kept shall be determined by the council. The site design and method of operation shall be reviewed, and the council shall find that the proposed or existing stock farm will not, in its opinion, be detrimental to the public safety and the general welfare. (2) The establishment of any new building for the housing of animals or fowl shall be located 150 feet from the nearest lot line. (3) 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 when products are for sale. Off-street parking must be provided for. (Code 1984, § 10.03(18); Code 2003, § 78-74) Division 3. Appeals and Variances Subdivision I. In General Sec. 6.12.410. Board established. (a) A zoning board of appeals and adjust- ments is established. The planning commission is constituted as the board of appeals and adjust- ments. The board shall have the following powers: (1) To hear and decide appeals from any affected person where it is alleged that there is an error in any order, require- ment, decision or determination made by an administrative officer in the enforce- ment of this chapter. (2) To hear requests for variances in accordance with this chapter. (3) To exercise other functions as provided in this chapter. (b) Subject to such limitations as may be imposed by the council, the board may adopt rules for the conduct of proceedings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The board shall provide for a record of its proceedings, which shall include the minutes of its meetings, its findings and the action taken on each matter heard by it, includ- ing the final order. (c) An order, requirement, decision, or determination does not include code enforcement letters that warn an individual of possible criminal, civil, or administrative penalties. Further, any criminal matter must be adjudicated through the court system, and may not be appealed to the city council, pursuant to Minn. Stats. § 412.861 subd. 1. (Code 1984, §§ 2.54(1), (2), 10.06(3), 10.08(2)(C); Code 2003, § 78-96; Ord. No. 178(3rd series), § 9, 10-10-2016; Ord. No. 253(3rd series), § 3, 2-8- 2021) Sec. 6.12.420. Hearings. Hearings by the board of appeals and adjust- ments shall be held within such time and upon such notice to interested parties, as follows: CD6:40 (1) The board shall within a reasonable time make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail. L0 M LAND USE (2) Any party may appear at the hearing in person or by agent or attorney. (3) Subject to such limitation as may be imposed by the council, the board may adopt rules for the conduct of proceed- ings before it; and such rules may include provisions for the giving of oaths to wit- nesses and the filing of written briefs by the parties. (4) The board shall provide for a record of its proceedings, which shall include the minutes of its meetings, its findings and the action taken on each matter heard by it, including the final order. (Code 1984, § 10.06(3)(F); Code 2003, § 78-97) Sec. 6.12.430. Notice of hearing. A public hearing following requirement of section 6.12.280 shall be required for an appeal or variance. (Code 1984, §§ 2.54(3), 10.06(3)(C), 10.08(2)(B); Code 2003, § 78-98; Ord. No. 166(3rd series), § 1, 3-14-2016; Ord. No. 210(3rd series), § 3, 6-25- 2018) State law reference —Notice of hearings to be as provided by ordinance, Minn. Stats. § 462.354, subd. 2. Sec. 6.12.440. Appeals procedures. (a) The decisions of the board on requests for variances are advisory and will automatically proceed to the council for review. The decisions of the board on appeals are binding. The applicant or other person or officers of the city affected may appeal a binding decision of the board to the council by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made. The notice shall be accompanied by a fee in the amount prescribed by the current city fee schedule payable to the city, which fee shall not be refund- able. An appeal under this section shall be filed no later than ten days following the decision of the board. Failure to file an appeal within ten days of the decision shall constitute a waiver of the person's right to a hearing. (b) All decisions made by the city regarding zoning shall be final, except that any aggrieved person shall have the right to appeal within 30 § 6.12.510 days after delivery of the decision to the appel- lant, to the district court of the county. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the 30-day period. (Code 1984, § 10.06(3)(D); Code 2003, § 78-99; Ord. No. 178(3rd series), § 10, 10-10-2016; Ord. No. 242(3rd series), § 1, 4-13-2020) Sec. 6.12.450. Official map. After an official map is adopted, designating locations for future land that is needed for future street purposes and as sites for other necessary public uses, if a permit for a building in such location is denied, the board of appeals and adjustments shall have the power, upon appeal filed with it by the owner of the land, to grant a permit for building in such location in any case in which the board finds, upon the evidence and the arguments presented to it, that: (1) The entire property of the appellant of which such area identified for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted; and (2) Balancing the interest of the city in preserving the integrity of the official map and of the comprehensive municipal plan and the interest of the owner of the property in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. (Code 1984, § 10.06(3)(B)(3); Code 2003, § 78- 101) State law reference Effect of official map, Minn. Stats. § 462.359, subd. 3. Subdivision II. Variances* Sec. 6.12.510. When granted. The council upon application may grant vari- ances from the strict application of the provi- sions of this chapter and impose conditions and safeguards in the variances so granted, in cases *State law reference —Variances, Minn. Stats. § 462.357, subd. 6(2). CD6:41 W M § 6.12.510 ORONO CODE where there are practical difficulties in the way of carrying out the strict letter of the regulations of this chapter and where the variance does not adversely affect the purpose and intent of this chapter nor the health or welfare of the public. (Code 1984, § 10.08(1); Code 2003, § 78-121; Ord. No. 88(3rd series), § 1, 6-27-2011) Sec. 6.12.520. References to board. Before authorization of any variances by the council, the request shall be referred to the board of appeals and adjustments for study concerning the effect of the proposed variance upon the comprehensive municipal plan and on the character and development of the neighbor- hood; and for its recommendation to the council for the granting of such variance so as to relieve such practical difficulties to the degree considered reasonable without impairing the intent and purpose of this chapter. The board of appeals and adjustments shall recommend such condi- tions related to the variance regarding the loca- tion, character and other features of the proposed building, structure or use as it may deem advis- able. The council by unanimous action may waive reference to the board. (Code 1984, § 10.08(2)(A); Code 2003, § 78-122; Ord. No. 88(3rd series), § 2, 6-27-2011) Sec. 6.12.530. Issuances. (a) In considering applications for variance, the council shall consider the advice and recom- mendation of the board of appeals and adjust- ments and the effect of the proposed variance upon the health, safety and welfare of the com- munity, existing and anticipated traffic condi- tions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. Before granting a vari- ance, the council shall hear requests for vari- ances from the literal provisions of this chapter in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. The parameters within which a variance may be granted are as follows: CD6:42 (1) The property owner in question proposes to use the property in a reasonable manner; however, the proposed use is not permitted by the official controls. (2) The plight of the landowner is due to circumstances unique to his property not created by the landowner. (3) The variance, if granted, will not alter the essential character of the locality. (4) Economic considerations alone do not constitute practical difficulties. (5) Practical difficulties also include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Vari- ances shall be granted for earth -sheltered construction as defined in Minn. Stats. § 216C.06, subd. 2, when in harmony with this chapter. (6) The board or the council may not permit as a variance any use that is not permit- ted under this chapter for property in the zone where the affected person's land is located. (7) The board or council may permit as a variance the temporary use of a one - family dwelling as a two-family dwelling. (8) The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoin- ing property. (9) The conditions do not apply generally to other land or structures in the district in which the land is located. (10) The granting of the application is neces- sary for the preservation and enjoyment of a substantial property right of the applicant. (11) The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. ti M LAND USE (12) The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. (b) The board or council may impose condi- tions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact cre- ated by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. (Code 1984, §§ 2.56(2)(B), 10.06(1)(13)(1)(b), (1)(13)(1)(c), 10.08(3); Code 2003, § 78-123; Ord. No. 88(3rd series), § 3, 6-27-2011) Sec. 6.12.540. Variances in border areas. This chapter seeks to regulate land use throughout the city so that the location of the various zones will be compatible with each other and to existing uses and regulations. Where property in the city adjoins property in another municipality which is subject to regulations substantially different from those applying to the city property, so as to make strict enforce- ment of all the city regulations as to such property unreasonable, the council may take into account the location of the property and the regulations of the adjoining municipality in considering application for variances under this article. (Code 1984, § 10.08(4); Code 2003, § 78-124) Sec. 6.12.550. Denial. Variances may be denied by motion of the council, and such motion shall constitute a find- ing and determination that the conditions required for approval do not exist. No application for a variance which has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the planning commission. (Code 1984, § 10.08(5); Code 2003, § 78-125) § 6.12.590 Sec. 6.12.560. Failure of the board to act. If no recommendation is transmitted by the board of appeals and adjustments within 60 days after referral of the application for variance to the board, the council may take action without further awaiting such recommendation. (Code 1984, § 10.08(6); Code 2003, § 78-126) Sec. 6.12.570. Violation of conditions. A violation of any condition set forth in grant- ing a variance shall be a violation of this chapter and automatically terminates the variance. (Code 1984, § 10.08(7); Code 2003, § 78-127) Sec. 6.12.580. Expiration. Variances shall expire one year after the date of council approval if not used and an extension has not been granted. Any change in use of the property shall require a new variance. In no case shall more than three one-year extensions be granted. (Code 1984, § 10.08(8); Code 2003, § 78-128; Ord. No. 80(3rd series), § 1, 11-22-2010; Ord. No. 153(3rd series), § 2, 8-10-2015) Sec. 6.12.590. Extension. Extensions may be granted by either city staff or the city council pursuant to the following: (1) An extension of up to one year may be granted by city staff upon the applicant's request, provided that the request is made at least 60 calendar days before the expiration of the variance. If an exten- sion is granted, the variance shall expire at the end of the extension period unless the applicant applies to the city council for an additional one-year extension. CD6:43 (2) If city staff denies an applicant's request for an extension, the applicant may request an extension from the city council. The city council may grant an extension of up to one year. If an extension is granted, the variance shall expire at the end of the extension period unless the applicant applies to the city council for an additional one-year extension. ao M § 6.12.590 ORONO CODE (3) The city council may grant an additional extension at the expiration of an exten- sion granted by either city staff or the city council upon the applicant's request, provided that the request is made at least 60 calendar days before the expira- tion of the variance extension. (4) The terms and conditions applicable to a variance at the time of its original approval continue to apply when an exten- sion is granted by either city staff or the city council. Upon receiving a request for an extension, neither city staff nor the city council may alter or amend any of the terms and conditions applicable to the variance or condition the granting of an extension on alteration or amend- ment of any of the terms or conditions applicable to the variance. (Code 1984, § 10.08(9); Code 2003, § 78-129; Ord. No. 80(3rd series), § 2, 11-22-2010) Sec. 6.12.600. Filing with county recorder. A certified copy of every variance granted shall be filed with the county recorder. Failure to file a variance shall not affected its validity or enforceability. (Code 2003, § 78-130; Ord. No. 80(3rd series), § 3, 11-22-2010) Sec. 6.12.610. Variance amendments. A proposed change to an existing variance shall be processed as either a minor amendment or major amendment as defined in this section as determined by the zoning administrator. (1) All documents affected by the approved amendment shall be amended and replaced in their entirety. However, an approved minor amendment will not modify the original issuance date of the existing variance for all purposes, includ- ing extensions under section 6.12.590 and expiration under section 6.12.580. (2) Minor amendments. a. Proposed amendments to variances involving 20 percent or less of the total existing variance or the proposed amendment is reasonably believed by the zoning administra- tor to not be materially different than the underlying variance are minor amendments. Minor amend- ments may be heard by the city council without a public hearing and without planning commission consideration. b. The zoning administrator may determine that a proposed amend- ment is a major amendment, even if it meets the criteria of a minor amendment, and shall follow the procedure for major amendments. (3) Major amendments. A major amend- ment to the variance shall be processed and approved in the same manner as if it were a new variance request except that submission requirements shall be modi- fied as appropriate by city staff to reflect the nature of the proposed amendment. (4) Major amendments shall include: a. Any amendment that is not a minor amendment. b. Any amendment determined to be a major amendment by the zoning administrator. (Code 2003, § 78-131; Ord. No. 250(3rd series), § 1, 10-12-2020) Division 4. Site Plan Review Sec. 6.12.710. Purpose. The purpose of this division is to establish a formal site plan review procedure for commercial and industrial uses and provide regulations pertaining to the enforcement of site design consistent with the requirements of this division in advance of building permit issuance. (Code 2003, § 78-141; Ord. No. 68(3rd series), § 11, 2-8-2010) Sec. 6.12.720. Approval required. It shall be unlawful to construct a building, enlarge the footprint of a building, or change or intensify the use of an existing building or site in CD6:44 LAND USE any business or industrial district without approval of a site plan in accordance with this division. (Code 2003, § 78-142; Ord. No. 68(3rd series), § 11, 2-8-2010) Sec. 6.12.730. Review process. Site plan reviews for permitted or accessory structures shall be reviewed in accordance with the following: (1) The city administrator or designee shall make a decision on site plan reviews to construct a building or enlarge the footprint of a building, change the use of a building or parcel of land; to modify the interior or exterior of a building or site or land feature in any manner that results in a different site design or intensity of use, including the requirement for additional parking. (2) The city administrator or designee shall have the authority to refer a site plan review to the city council for decision. (Code 2003, § 78-143; Ord. No. 68(3rd series), § 11, 2-8-2010; Ord. No. 178(3rd series), § 12, 10-10-2016; Ord. No. 189(3rd series), § 3, 4-10- 2017) Sec. 6.12.740. Application for site plan review. An application for a site plan review shall be made to the city on a form provided by the city. The application shall also be accompanied by the following information, unless waived by the city administrator: a detailed site plan depicting information as required on forms provided by the city. (Code 2003, § 78-144; Ord. No. 68(3rd series), § 11, 2-8-2010; Ord. No. 189(3rd series), § 4, 4-10-2017) Sec. 6.12.750. Evaluation criteria. Before granting approval of the site plan review, the city council or the planning and zoning coordinator shall determine that the proposal: (1) Is compatible with surrounding land uses; § 6.12.760 (2) Preserves existing unique and natural features of the site and minimizes impacts to wetlands, floodplains, and shoreland areas; (3) Creates harmonious relationship of build- ings and open space with natural site features and with existing and future buildings having a visual relationship of the development; (4) Achieves a safe and efficient vehicular and pedestrian circulation system; (5) Places no excessive demands on services and infrastructure, including local streets; (6) Conforms to the city's plans for parks, streets, and walkways; (7) Conforms to the city's community manage- ment plan; (8) Achieves a maximum of safety and convenience of vehicular and pedestrian movement; (9) Incorporates sufficient landscaping to reasonably screen undesirable features and to enhance the image of the develop- ment; (10) Protects abutting properties and does not create detrimental disturbances to surrounding properties; (11) Conforms to all requirements of this chapter unless a variance has been granted; (12) Incorporates efforts to conserve energy whenever practical. (Code 2003, § 78-145; Ord. No. 68(3rd series), § 11, 2-8-2010) Sec. 6.12.760. Conditions. The city council or the planning and zoning coordinator may impose conditions in granting approval of a site plan review to promote the intent of this division and to protect adjacent properties. (Code 2003, § 78-146; Ord. No. 68(3rd series), § 11, 2-8-2010) CD6:45 § 6.12.770 Sec. 6.12.770. Specific project. ORONO CODE A site plan review approval shall be valid only for the project for which approval is granted. Construction of all site elements shall be in compliance with the plans and specifications approved by the city council or the planning and zoning coordinator. (Code 2003, § 78-148; Ord. No. 68(3rd series), § 11, 2-8-2010) Sec. 6.12.780. Lapse of approval. Unless otherwise specified by the city council or the planning and zoning coordinator, a site plan review approval shall become null and void one year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. In no case shall more than three one-year extensions be granted. (Code 2003, § 78-149; Ord. No. 68(3rd series), § 11, 2-8-2010; Ord. No. 153(3rd series), § 3, 8-10-2015) Sec. 6.12.790. Building code supplemental to review process. The review and approval of site improvements pursuant to the requirements of the city adopted building and fire codes shall be in addition to the site plan review process established under this division. Site plan review approval does not imply compliance with the requirements of the building and fire codes. (Code 2003, § 78-150; Ord. No. 68(3rd series), § 11, 2-8-2010) ARTICLE III. ZONING DISTRICTS ESTABLISHED; ZONING MAP Sec. 6.12.810. Districts. (a) The city is divided into the following districts and groups of use districts: R Residence Districts R-lA One -Family Residential District R-lB One -Family Residential District LR-1A One -Family Lakeshore Residential District LR-1B One -Family Lakeshore Residential District LR-1C One -Family Lakeshore Residential District LR-1C-1 One -Family Lakeshore Residential District RR-lA One -Family Rural Residential District RR-1B One -Family Rural Residential District RR-113-1 One -Family Rural Residential District M-6 Multiple -Family Planned Residential District RS Seasonal Recreational District PRD Planned Residential District RPUD Residential Planned Unit Development District B Business Districts B-1 Retail Sales Business District B-2 Lakeshore Business District B-3 Shopping Center Business District B-4 Office and Professional Business District B-5 Limited Neighborhood Business District B-6 Highway Commercial District I Industrial Districts I Industrial District PID Planned Industrial District Overlay Districts FW Floodway District FFD Flood Fringe District GFP General Floodplain District SD Shoreland Overlay District (b) All references in this chapter to R, B and I districts shall refer to the use district groups as set forth in subsection (a) of this section, and references to specific use districts shall be by reference to the individual districts so listed, such as R-1A, R-113 and so forth. (Code 1984, § 10.16(1); Code 2003, § 78-161) State law reference —Districts authorized, Minn. Stats. § 462.357, subd. 1. L0 M LAND USE Sec. 6.12.820. Map and legal descriptions. The boundaries of the districts are established as shown by legal descriptions and map entitled "Official Zoning Map, Orono, Minnesota." These legal descriptions and map, collectively referred to as the zoning map, together with all notations, references and other information shown on the map, shall have the same force and effect as if fully set out in the map and are made a part of this chapter. These legal descriptions and the map shall be kept on file as a public record at city hall, and shall be modified to reflect any changes duly made by amendments. (Code 1984, § 10.16(2); Code 2003, § 78-162) Sec. 6.12.830. Boundaries. District boundary lines as indicated on the zoning map follow lot lines, the centerlines of streets or alleys, the centerlines of streets or alleys projected, or the corporate limit lines, all as they existed on January 1, 1975. If district boundary lines do not follow any of these lines, the district boundary lines are established as drawn on the zoning map or, in the case of zoning map amendments subsequent to January 1, 1975, as legally described in such amendment ordinances. Where a district boundary line divides a lot of record which was in single ownership on January 1, 1975, and places portions of such lot of record in two or more use districts, any portion of such lot within 50 feet on either side of such a dividing district boundary line may be used for any use of either use district; however, if any portion of such lot shall extend beyond the 50-foot limitation, the district line as shown shall prevail. (Code 1984, § 10.16(3); Code 2003, § 78-163) Sec. 6.12.840. Proceedings in boundary disputes. Appeals from the zoning administrator's determinations and questions or doubt concern- ing the exact location of district boundary lines shall be heard by the board of zoning appeals and adjustments and a recommendation made to the council. (Code 1984, § 10.16(4); Code 2003, § 78-164) § 6.12.1010 Sec. 6.12.850. Vacations do not affect boundary lines. Whenever any street, alley or other public way is vacated by official action of the city, the zoning district abutting the centerline of the alley or public way shall not be affected by such proceeding. (Code 1984, § 10.16(5); Code 2003, § 78-165) Sec. 6.12.860. Annexations. Any property duly annexed to the city shall become a part of the RR-lA district unless it was otherwise zoned in the adjoining municipality before annexation, in which case it will fall in the zone most closely approximating the zone in the municipality from which it was annexed. (Code 1984, § 10.16(6); Code 2003, § 78-166) ARTICLE IV. DISTRICT REGULATIONS Division 1. Generally Sec. 6.12.910. Interpretation and applica- tion of zoning district uses. This article sets forth the permitted, conditional and accessory uses that are allowed in zoning districts. Uses listed as permitted uses constitute allowable principal uses of a property. Uses listed as conditional uses require a conditional use permit. Listed accessory uses are subordinate to and considered as customarily incidental to the principal permitted or conditional use on the property. (Code 2003, § 78-201; Ord. No. 106(3rd series), § 2, 6-10-2013) Division 2. R-1A One -Family Residential District Sec. 6.12.1010. Purpose. The R-lA One -Family Residential District is intended to provide a district which will allow a combination of low -density residential develop- ment and limited agricultural activity. Planned residential developments may be allowed by CD6:47 N LA M § 6.12.1010 ORONO CODE conditional use permit. The district shall have immediate access to highways and public sanitary sewer. (Code 1984, § 10.20(1); Code 2003, § 78-226) Sec. 6.12.1020. Permitted uses. Within any R-lA One -Family Residential District, no structure or land shall be used except for one or more of the following uses: (1) City -owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use. b. The architectural design of the structure is found to be compatible with the surrounding area. (2) Municipal buildings. (3) One -family detached dwellings. (4) Publicly owned parks and playgrounds. (Code 1984, § 10.20(2); Code 2003, § 78-227; Ord. No. 44(3rd series), § 1, 2-25-2008; Ord. No. 82(3rd series), § 2, 12-13-2010; Ord. No. 90(3rd series), § 2, 12-12-2011; Ord. No. 210(3rd series), § 4, 6-25-2018; Ord. No. 233(3rd series), § 1, 10-14-2019; Ord. No. 279(3rd series), § 2, 11-14- 2022) State law reference —State mandated permitted uses, Minn. Stats. § 462.357, subd. 7. Sec. 6.12.1030. Conditional uses. Within any R-lA One -Family Residential District, no structure or land shall be used for the following uses except by conditional use permit: (1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that: a. All principal buildings are located at least 100 feet from any adjacent property zoned for residential use; and CD6:48 b. All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use. (2) Places of worship, provided that all build- ings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use. (3) Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article. (4) Public service structures, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use; and b. The architectural design of the structure is compatible with the architectural design of the surround - mg area. (5) Schools, day care centers, and uses acces- sory to a high school. a. Pre -kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre -kindergarten, primary or secondary school. Schools may include before and after school care for students. b. Day care centers, nursery schools and similar programs that are not associated with a public or private school and serve pre -kindergarten children. C. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is: 1. Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district; 2. Not separated from the high school building by a public road; LAND USE 3. Operated by the school district or by a nonprofit organization; and 4. All structures are located at least 50 feet from any adjacent property zoned for residential use. (6) Two-family dwellings, provided that: a. Public sanity sewer service is avail- able; b. The lot is adjacent to a commercial or industrial parcel; C. The dwelling is within 200 feet of the commercial or industrial parcel; and d. the design of the dwelling is compat- ible with the surrounding residences. (7) Couumbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. All portions of columbaria located above ground shall meet the following standards: a. Located at least ten feet from property boundaries. b. Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. C. Located at least ten feet from the edge of the paved, traveled roadway. d. Shall not exceed eight feet in height including any appurtenances. e. Direct views from all adjoining residential parcels shall be buffered by appropriate means. (Code 1984, § 10.20(3); Code 2003, § 78-228; Ord. No. 145(2nd series), § 1, 3-11-1996; Ord. No. 161(2nd series), §§ 3, 4, 6-7-1997; Ord. No. 178(2nd series), § 1, 12-8-1997; Ord. No. 179(2nd series), § 2, 10-12-1998; Ord. No. 28(3rd series), CD6:49 § 6.12.1040 § 3, 8-22-2005; Ord. No. 44(3rd series), § 1, 2-25-2008; Ord. No. 45(3rd series), § 1, 2-25- 2008; Ord. No. 79(3rd series), § 2, 11-8-2010; Ord. No. 82(3rd series), § 3, 12-13-2010; Ord. No. 224(3rd series), § 1, 6-10-2019; Ord. No. 257(3rd series), § 3, 5-10-2021; Ord. No. 279(3rd series), § 3, 11-14-2022) Sec. 6.12.1040. Accessory uses. Within any R-lA One -Family Residential District, the only permitted accessory uses and structures are the following: (1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing. (2) Driveways, sidewalks and parking spaces. (3) Detached private garages and buildings subject to the performance standards of this chapter. (4) Kennel structures and dog runs, subject to the provisions of chapter 5.28, article III. (5) Fencing, subject to the provisions of sec- tion 6.12.6940(a)(9). (6) Signs, as regulated in this chapter. (7) Flagpoles, subject to accessory structure location and height requirements of this chapter. (8) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems. (9) Compost structures and firewood piles, subject to the accessory structure loca- tion requirements of this chapter. (10) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810 and the licensing provisions of section 4.04.310, when applicable. (11) One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does 44 M § 6.12.1040 ORONO CODE not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way. (12) Storage of recreational vehicles and equip- ment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 6.12.7510 through 6.12.7550 and 6.12.7820. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations. (13) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway. (14) Laundry drying equipment. (15) Other uses that are customarily incidental to, and subordinate to, the allowed permit- ted and conditional uses in this district. (16) Accessory dwelling units. (Code 1984, § 10.20(4); Code 2003, § 78-229; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 82(3rd series), § 4, 12-13-2010; Ord. No. 96(3rd series), § 3(3.01, 3.02), 11-13-2012; Ord. No. 106(3rd series), § 3, 6-10-2013; Ord. No. 222(3rd series), § 2, 12-10-2018; Ord. No. 279(3rd series), § 4, 11-14-2022) Sec. 6.12.1050. Area, height, lot width, setback, and yard requirements. (a) The following minimum requirements shall be observed: (1) Dimensional requirements: a. Lot area (minimum): 1.0 acre. b. Lot width (minimum): 140 feet. (2) Height: maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building. Street lFront Interior Side Side Street Wetland Setbacks (feet) (feet) (feet) Rear (feet) OHWL (feet) (feet) 25 or Principal building 35 10 35 30 na MCWD buffer 25 or Accessory building 35 10 35 10 na MCWD (AB) <1,000 sf buffer Oversize accessory building (OAB) 35 10 35 30 na 25 or MCWD >1,000 sf buffer 25 or Accessory 17.5 10 17.5 10 na structures (AS) buffer) (b) Exceptions. (1) Side yard setback. For lots that are nonconforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesser of ten feet or equal to ten percent of the lot width as defined; however, in no case shall the side yard setback be less than 7.5 feet. CD6:50 L0 L0 M LAND USE § 6.12.1130 (2) Side yards adjacent to unimproved rights -of -way. In any residential district, the setback for side yards adjacent to unimproved rights -of -way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (3) Front yard setback. For lots that are nonconforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the nonconforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, § 10.20(5); Code 2003, § 78-230; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 2, 6-27-2016; Ord. No. 222(3rd series), § 3, 12-10-2018; Ord. No. 299(3rd series), § 2, 3-11-2024) Division 3. R-IB One -Family Residential District Sec. 6.12.1110. Purpose. The R-113 One -Family Residential District is intended to provide a district which will allow denser residential development. Planned residential developments may be allowed by conditional use permits. The district shall have immediate access to highways and public sanitary sewer. (Code 1984, § 10.21(1); Code 2003, § 78-251) Sec. 6.12.1120. Permitted uses. Within any R-113 One -Family Residential District, no land or structures shall be used except for one or more of the following uses: (1) City -owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use. b. The architectural design of the structure is found to be compatible with the surrounding area. (2) Municipal buildings. (3) One -family detached dwellings. (4) Publicly owned parks and playgrounds. (Code 1984, §§ 10.20(2), 10.21(2); Code 2003, § 78-252; Ord. No. 44(3rd series), § 2, 2-25-2008; Ord. No. 82(3rd series), § 5, 12-13-2010; Ord. No. 90(3rd series), § 3, 12-12-2011; Ord. No. 210(3rd series), § 5, 6-25-2018; Ord. No. 233(3rd series), § 2, 10-14-2019; Ord. No. 279(3rd series), § 5, 11-14-2022) State law reference —State mandated permitted uses, Minn. Stats. § 462.357, subd. 7. Sec. 6.12.1130. Conditional uses. Within any R-113 One -Family Residential District, no structure or land shall be used for the following uses except by conditional use permit: CD6:51 (1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that: a. All principal buildings are located at least 100 feet from any adjacent property zoned for residential use; and b. All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use. (2) Places of worship, provided that all build- ings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use. § 6.12.1130 ORONO CODE (3) Planned residential developments, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article. (4) Public service structures, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use; and b. The architectural design of the structure is compatible with the architectural design of the surround- ing area. (5) Schools, day care centers, and uses acces- sory to a high school. a. Pre -kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre -kindergarten, primary or secondary school. Schools may include before and after school care for students. b. Day care centers, nursery schools and similar programs that are not associated with a public or private school and serve pre -kindergarten children. C. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is: 1. Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district; 2. Not separated from the high school building by a public road; 3. Operated by the school district or by a nonprofit organization; and 4. All structures are located at least 50 feet from any adjacent property zoned for residential use. (6) Two-family dwellings, provided that: a. Public sanity sewer service is avail- able; b. The lot is adjacent to a commercial or industrial parcel; C. The dwelling is within 200 feet of the commercial or industrial parcel; and d. The design of the dwelling is compat- ible with the surrounding residences. (7) Couumbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. All portions of columbaria located above ground shall meet the following standards: a. Located at least ten feet from property boundaries. b. Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. C. Located at least ten feet from the edge of the paved, traveled roadway. d. Shall not exceed eight feet in height, including any appurtenances. e. Direct views from all adjoining residential parcels shall be buffered by appropriate means. (Code 1984, §§ 10.20(3), 10.21(3); Code 2003, § 78-253; Ord. No. 145(2nd series), § 1, 3-11- 1996; Ord. No. 161(2nd series), §§ 3, 4, 6-7-1997; Ord. No. 178(2nd series), § 1, 12-8-1997; Ord. No. 179(2nd series), § 2, 10-12-1998; Ord. No. 28(3rd series), § 4, 8-22-2005; Ord. No. 44(3rd series), § 2, 2-25-2008; Ord. No. 45(3rd series), § 2, 2-25-2008; Ord. No. 79(3rd series), § 3, 11-8-2010; Ord. No. 82(3rd series), § 6, 12-13- 2010; Ord. No. 224(3rd series), § 2, 6-10-2019; Ord. No. 257(3rd series), § 4, 5-10-2021; Ord. No. 279(3rd series), § 6, 11-14-2022) CD6:52 ti M LAND USE Sec. 6.12.1140. Accessory uses. Within any R-113 One -Family Residential District, the only permitted accessory uses and structures are the following: (1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing. (2) Driveways, sidewalks and parking spaces. (3) Detached private garages and buildings subject to the performance standards of this chapter. (4) Kennel structures and dog runs, subject to the provisions of chapter 5.28, article III. (5) Fencing, subject to the provisions of sec- tion 6.12.6940(a)(9). (6) Signs, as regulated in this chapter. (7) Flagpoles, subject to accessory structure location and height requirements of this chapter. (8) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems. (9) Compost structures and firewood piles, subject to the accessory structure loca- tion requirements of this chapter. (10) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810, and the licensing provisions of section 4.04.310, when applicable. (11) One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does § 6.12.1150 not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way. (12) Storage of recreational vehicles and equip- ment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 6.12.7510 through 6.12.7550 and 6.12.7820. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations. (13) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway. (14) Laundry drying equipment. (15) Other uses that are customarily incidental to, and subordinate to, the allowed permit- ted and conditional uses in this district. (16) Accessory dwelling units. (Code 1984, §§ 10.20(4), 10.21(4); Code 2003, § 78-254; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 82(3rd series), § 7, 12-13-2010; Ord. No. 96(3rd series), § 3(3.01, 3.02), 11-13-2012; Ord. No. 106(3rd series), § 4, 6-10-2013; Ord. No. 222(3rd series), § 4, 12-10-2018; Ord. No. 279(3rd series), § 7, 11-14-2022) Sec. 6.12.1150. Area, height, lot width, setback, and yard requirements. (a) The following minimum requirements shall be observed: (1) Dimensional requirements: a. Lot area (minimum): 0.5 acre. CD6:53 § 6.12.1150 b. Lot width (minimum): 100 feet. ORONO CODE (2) Height: maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building. Street/Front Interior Side Side Street Wetland Setbacks (feet) (feet) (feet) Rear (feet) OHWL (feet,) (feet) 25 or Principal building 30 10 15 30 N/A MCWD buffer 25 or Accessory building 30 10 15 10 N/A MCWD (AB) <1,000 sf buffer Oversize accessory 25 or building (OAB) 30 10 15 30 N/A MCWD >1,000 sf buffer 25 or Accessory 15 10 7.5 10 N/A f structures (AS) buffer (b) Exceptions. (1) Side yard setback. For lots that are nonconforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesser of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. (2) Side yards adjacent to unimproved rights -of -way. In any residential district, the setback for side yards adjacent to unimproved rights -of -way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (3) Front yard setback. For lots that are nonconforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the nonconforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, § 10.21(5); Code 2003, § 78-225; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 3, 6-27-2016; Ord. No. 222(3rd series), § 5, 12-10-2018; Ord. No. 299(3rd series), § 3, 3-11-2024) Division 4. Lakeshore Residential Districts Subdivision I. In General (Reserved) Subdivision II. LR-lA One -Family Lakeshore Residential District Sec. 6.12.1310. 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 stormwater 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. (Code 1984, § 10.23(1); Code 2003, § 78-301) CD6:54 LAND USE § 612.1330 Sec. 6.12.1320. Permitted uses. Sec. 6.12.1330. Conditional uses. Within the LR-lA One -Family Lakeshore Within any LR-lA One -Family Lakeshore Residential District, no land or structures shall Residential District, no structure or land shall be used except for one or more of the following be used for the following uses except by conditional uses: use permit: (1) Golf courses, country clubs, tennis clubs, (1) City -owned public service structures that non-profit camps, and religious camps, have been approved by the city council provided that: after the required public hearings for public improvement projects, provided a. All principal buildings are located that at least 100 feet from any adjacent property zoned for residential use; a. All buildings are located at least 50 and feet from any adjacent property b. All accessory buildings and zoned for residential use. structures more than six feet in b. The architectural design of the height are located at least 50 feet structure is found to be compatible from any adjacent property zoned with the surrounding area. for residential use. (2) Keeping of farm animals for noncom- (2) Municipal buildings. mercial purposes and for the use of the occupants of premises, provided that: (3) One -family detached dwellings. a. Where the applicant requests a (4) Publicly owned parks and playgrounds. conditional use permit to keep horses, there must be at least one acre for the dwelling and two acres (5) County dock, when: of open pasture for the first horse. a. Directly connected to the county If the applicant requests a conditional use permit to keep more right-of-way. than one horse, the property must b. overnight boat storage is permit- permit- have one additional acre of open ted. to pasture for each additional horse. Calculations of minimum pasture C. No canopy is installed. acreage shall not include any land defined as a wetland or wetland d. Approved by Lake Minnetonka buffer under section 6.12.8110. Conservation District. b. Where the applicant requests a e. Secured with a fence and gate. conditional use permit to keep farm (Code 1984 §§ 10.20(2), 10.23(3); Code 2003, animals other than horses, there must be at least one acre for the § 78-302; Ord. No. 44(3rd series), § 3, 2-25-2008; dwelling and one acre for each Ord. No. 82(3rd series), § 8, 12-13-2010; Ord. animal unit. Calculations of No. 90(3rd series), § 4, 12-12-2011; Ord. No. minimum acreage required shall not 167(3rd series), § 2, 4-11-2016; Ord. No. 210(3rd include any land defined as a wetland series), § 6, 6-25-2018; Ord. No. 233(3rd series), or wetland buffer under section § 3, 10-14-2019; Ord. No. 279(3rd series), § 8, 6.12.8110. 11-14-2022) State law reference —State mandated permitted uses, C. Any building or structure associ- Minn. Stats. § 462.357, subd. 7. ated with the animals is located CD6:55 § 6.12.1330 ORONO CODE more than 150 feet from the nearest adjacent residence and at least 75 feet from the nearest lot line. d. The use is operated in compliance with chapter 5.28. (3) Places of worship, provided that all build- ings and structures, except columbaria, are located at least 50 feet from any (7) adjacent property zoned for residential use. (4) Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article. (5) Public service structures, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use; and b. The architectural design of the structure is compatible with the architectural design of the surround- ing area. (6) Schools, day care centers, and uses acces- sory to a high school. a. Pre -kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre -kindergarten, primary or secondary school. Schools may include before and after school care for students. b. Day care centers, nursery schools and similar programs that are not associated with a public or private school and serve pre -kindergarten children. C. Indoor ice arenas accessory to a high school, provided the arena, including accessory uses, is: 1. Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district; 2. Not separated from the high school building by a public road; CD6:56 3. Operated by the school district or by a nonprofit organization; and 4. All structures are located at least 50 feet from any adjacent property zoned for residential use. Two-family dwellings, provided that: a. Public sanity sewer service is avail- able; b. The lot is adjacent to a commercial or industrial parcel; C. The dwelling is within 200 feet of the commercial or industrial parcel; and d. The design of the dwelling is compat- ible with the surrounding residences. (8) Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. All portions of columbaria located above ground shall meet the following standards: a. Located at least ten feet from property boundaries. b. Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. C. Located at least ten feet from the edge of the paved, traveled roadway. d. Shall not exceed eight feet in height including any appurtenances. e. Direct views from all adjoining residential parcels shall be buffered by appropriate means. (9) County dock, when: a. Directly connected to the county right-of-way. b. No canopy may be installed. LAND USE C. Approved by Lake Minnetonka Conservation District. d. Overnight boat dockage for up to two emergency response boats. e. Secured with a fence and a gate. (Code 1984, §§ 10.20(3), 10.23(4); Code 2003, § 78-303; Ord. No. 145(2nd series), § 1, 3-11- 1996; Ord. No. 161(2nd series), §§ 3, 4, 6-7-1997; Ord. No. 178(2nd series), § 1, 12-8-1997; Ord. No. 179(2nd series), § 2, 10-12-1998; Ord. No. 28(3rd series), § 5, 8-22-2005; Ord. No. 44(3rd series), § 3, 2-25-2008; Ord. No. 45(3rd series), § 3, 2-25-2008; Ord. No. 79(3rd series), § 4, 11-8-2010; Ord. No. 82(3rd series), § 9, 12-13- 2010; Ord. No. 90(3rd series), § 4, 12-12-2011; Ord. No. 100(3rd series), § 1, 2-25-2013; Ord. No. 181(3rd series), § 1, 1-9-2017; Ord. No. 224(3rd series), § 3, 6-10-2019; Ord. No. 257(3rd series), § 5, 5-10-2021; Ord. No. 279(3rd series), § 9, 11-14-2022) Sec. 6.12.1340. Accessory uses. Within any LR-lA One -Family Lakeshore Residential District, the only permitted acces- sory uses and structures are the following: (1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing. (2) Driveways, sidewalks and parking spaces. (3) Detached private garages and buildings subject to the performance standards of this chapter. (4) Private docks, subject to this code and other applicable regulations, including boat storage density requirements. The accessory use of a private dock shall not include renting space. (5) Kennel structures and dog runs, subject to the provisions of chapter 5.28. (6) Fencing, subject to the provisions of sec- tion 6.12.6940(a)(9). (7) Signs, as regulated in this chapter. CD6:57 § 6.12.1340 (8) Flagpoles, subject to accessory structure location and height requirements of this chapter. (9) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems. (10) Compost structures and firewood piles, subject to the accessory structure loca- tion requirements of this chapter. (11) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810, and the licensing provisions of section 4.04.310, when applicable. (12) One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way. (13) Storage of recreational vehicles and equip- ment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 6.12.7510 through 6.12.7550 and 6.12.7820. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations. (14) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway. (15) Laundry drying equipment N M § 6.12.1340 ORONO CODE (16) Other uses that are customarily incidental to, and subordinate to, the allowed permit- ted and conditional uses in this district. (17) Apiaries when: a. The property consists of a minimum of two acres in land area. b. Maximum of six hives are permit- ted per acre of land. C. All structures associated with honeybees must follow the acces- sory structure setbacks. (18) Accessory dwelling units. (Code 1984, §§ 10.20(4), 10.23(5); Code 2003, § 78-304; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 82(3rd series), § 10, 12-13-2010; Ord. No. 93(3rd series), § 1, 6-25-2012; Ord. No. 96(3rd series), § 3(3.01, 3.02), 11-13-2012; Ord. No. 106(3rd series), § 5, 6-10-2013; Ord. No. 222(3rd series), § 6, 12-10-2018; Ord. No. 264(3rd series), § 2, 11-22-2021; Ord. No. 279(3rd series), § 10, 11-14-2022) Sec. 6.12.1350. Area, height, lot width, setbacks, and yard requirements. (a) The following minimum requirements shall be observed: (1) Dimensional requirements: a. Lot area (minimum): 2.0 acres. b. Lot width (minimum): 200 feet. (2) Height: maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building. Street/Front Interior Side Side Street Rear/Street OHWLI Wetland Setbacks (feet) (feet) (feet,) (feet) (feet) (feet) Principal building 50 30 30 50 75/100/150 + ALS 25 or MCWD buffer Accessory building 50 15 30 15 75/100/150 + ALS 25 or MCWD (AB) <1,000 sf buffer Oversize accessory 30 30 50 75/100/150 + 25 or MCWD building (OAB) 50 ALS buffer >1,000 sf Accessory 25 15 15 15 75/100/150 + ALS 25 or r) structures (AS) buff 1 OHWL setback is determined by the classification of the lake as defined in section 6.12.5970 and the applied minimum setback from the OHWL as outlined in section 6.12.6240. (b) Exceptions. (1) Side yard setback. For lots that are nonconforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesser of 30 feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than ten feet. (2) Side yards adjacent to unimproved rights -of -way. In any residential district, the setback for side yards adjacent to unimproved rights -of -way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (3) Front yard setback. For lots that are nonconforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, M M LAND USE § 6.12.1430 shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the nonconforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, § 10.23(6); Code 2003, § 78-305; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 4, 6-27-2016; Ord. No. 199(3rd series), § 2, 6-12-2017; Ord. No. 222(3rd series), § 7, 12-10-2018; Ord. No. 299(3rd series), § 4, 3-11-2024) Subdivision III. LR-1B One -Family Lakeshore Residential District Sec. 6.12.1410. Purpose. The LR-1B One -Family Lakeshore Residential District is intended to provide a district which will allow a combination of medium -density residential developments and limited agricultural activity. Planned residential developments may be allowed by conditional use permits. The proposed land use may not endanger the quality of stormwater 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 these natural resources from the effects of dense development. This district shall have immediate access to highways and public sanitary sewer. (Code 1984, § 10.24(1); Code 2003, § 78-326) Sec. 6.12.1420. Permitted uses. Within the LR-1B One -Family Lakeshore Residential District, no land or structure shall be used except for one or more of the following uses: (1) City -owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use. b. The architectural design of the structure is found to be compatible with the surrounding area. (2) Municipal buildings. (3) One -family detached dwellings. CD6:59 (4) Publicly owned parks and playgrounds. (Code 1984, §§ 10.20(2), 10.24(2); Code 2003, § 78-327; Ord. No. 44(3rd series), § 4, 2-25-2008; Ord. No. 82(3rd series), § 11, 12-13-2010; Ord. No. 90(3rd series), § 5, 12-12-2011; Ord. No. 210(3rd series), § 7, 6-25-2018; Ord. No. 233(3rd series), § 4, 10-14-2019; Ord. No. 279(3rd series), § 11, 11-14-2022) State law reference —State mandated permitted uses, Minn. Stats. § 462.357, subd. 7. Sec. 6.12.1430. Conditional uses. Within any LR-1B One -Family Lakeshore Residential District, no structure or land shall be used for the following uses except by conditional use permit: (1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that: a. All principal buildings are located at least 100 feet from any adjacent property zoned for residential use; and b. All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use. (2) Keeping of farm animals for noncom- mercial purposes and for the use of the occupants of premises, provided that: a. Where the applicant requests a conditional use permit to keep horses, there must be at least one acre for the dwelling and two acres of open pasture for the first horse. If the applicant requests a conditional use permit to keep more than one horse, the property must have one additional acre of open co M § 6.12.1430 ORONO CODE pasture for each additional horse. Calculations of minimum pasture acreage shall not include any land defined as a wetland or wetland buffer under section 6.12.8110. b. Where the applicant requests a conditional use permit to keep farm animals other than horses, there must be at least one acre for the dwelling and one acre for each animal unit. Calculations of minimum acreage required shall not include any land defined as a wetland or wetland buffer under section 6.12.8110. C. Any building or structure associ- ated with the animals is located more than 150 feet from the nearest adjacent residence and at least 75 feet from the nearest lot line. d. The use is operated in compliance with chapter 5.28. (3) Places of worship, provided that all build- ings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use. (4) Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article. (5) Public service structures, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use; and b. The architectural design of the structure is compatible with the architectural design of the surround - mg area. (6) Schools, day care centers, and uses acces- sory to a high school. a. Pre -kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre -kindergarten, primary or CD6:60 secondary school. Schools may include before and after school care for students. b. Day care centers, nursery schools and similar programs that are not associated with a public or private school and serve pre -kindergarten children. C. Indoor ice arenas accessory to a high school, provided the arena, including accessory uses, is: 1. Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district; 2. Not separated from the high school building by a public road; 3. Operated by the school district or by a nonprofit organization; and 4. All structures are located at least 50 feet from any adjacent property zoned for residential use. (7) Two-family dwellings, provided that: a. Public sanity sewer service is avail- able; b. The lot is adjacent to a commercial or industrial parcel; C. The dwelling is within 200 feet of the commercial or industrial parcel; and d. The design of the dwelling is compat- ible with the surrounding residences. (8) Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. All portions of columbaria located above ground shall meet the following standards: a. Located at least ten feet from property boundaries. LAND USE b. Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. C. Located at least ten feet from the edge of the paved, traveled roadway. d. Shall not exceed eight feet in height including any appurtenances. e. Direct views from all adjoining residential parcels shall be buffered by appropriate means. (Code 1984, §§ 10.20(3), 10.24(3); Code 2003, § 78-328; Ord. No. 145(2nd series), § 1, 3-11- 1996; Ord. No. 161(2nd series), §§ 3, 4, 6-7-1997; Ord. No. 178(2nd series), § 1, 12-8-1997; Ord. No. 179(2nd series), § 2, 10-12-1998; Ord. No. 28(3rd series), § 6, 8-22-2005; Ord. No. 44(3rd series), § 4, 2-25-2008; Ord. No. 45(3rd series), § 4, 2-25-2008; Ord. No. 79(3rd series), § 5, 11-8-2010; Ord. No. 82(3rd series), § 12, 12-13- 2010; Ord. No. 90(3rd series), § 5, 12-12-2011; Ord. No. 100(3rd series), § 2, 2-25-2013; Ord. No. 224(3rd series), § 4, 6-10-2019; Ord. No. 257(3rd series), § 6, 5-10-2021; Ord. No. 279(3rd series), § 12, 11-14-2022) State law reference —State mandated permitted uses, Minn. Stats. § 462.357, subd. 7. Sec. 6.12.1440. Accessory uses. Within any LR-1B One -Family Lakeshore Residential District, the only permitted acces- sory uses and structures are the following: (1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing. (2) Driveways, sidewalks and parking spaces. (3) Detached private garages and buildings subject to the performance standards of this chapter. (4) Private docks, subject to this code and other applicable regulations, including boat storage density requirements. The accessory use of a private dock shall not include renting space. CD6:61 § 6.12.1440 (5) Kennel structures and dog runs, subject to the provisions of chapter 5.28, article III. (6) Fencing, subject to the provisions of sec- tion 6.12.6940(a)(9). (7) Signs, as regulated in this chapter. (8) Flagpoles, subject to accessory structure location and height requirements of this chapter. (9) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems. (10) Compost structures and firewood piles, subject to the accessory structure loca- tion requirements of this chapter. (11) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810, and the licensing provisions of section 4.04.310, when applicable. (12) One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way. (13) Storage of recreational vehicles and equip- ment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 6.12.7510 through 6.12.7550 and 6.12.7820. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations. (14) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per W W M § 6.12.1440 ORONO CODE calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway. (15) Laundry drying equipment. (16) Other uses that are customarily incidental to, and subordinate to, the allowed permit- ted and conditional uses in this district. (17) Apiaries when: a. The property consists of a minimum of two acres in land area. b. Maximum of six hives are permit- ted per acre of land. C. All structures associated with honeybees must follow the acces- sory structure setbacks. (18) Accessory dwelling units. (Code 1984, §§ 10.20(4), 10.24(4); Code 2003, § 78-329; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 82(3rd series), § 13, 12-13-2010; Ord. No. 93(3rd series), § 2, 6-25-2012; Ord. No. 96(3rd series), § 3(3.01, 3.02), 11-13-2012; Ord. No. 106(3rd series), § 6, 6-10-2013; Ord. No. 222(3rd series), § 8, 12-10-2018; Ord. No. 264(3rd series), § 3, 11-22-2021; Ord. No. 279(3rd series), § 13, 11-14-2022) Sec. 6.12.1450. Area, height, lot width, setback, and yard requirements. (a) The following minimum requirements shall be observed: (1) Dimensional requirements: a. Lot area (minimum): 1.0 acre. b. Lot width (minimum): 140 feet. (2) Height: maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building. Street/Front Interior Side Side Street Rear/Street OHWLI Wetland Setbacks (feet) (feet) (feet) (feet) (feet) (feet) Principal building 35 10 20 30 75/100/150 + ALS 25 or MCWD buffer Accessory building 35 10 20 10 75/100/150 + 25 or MCWD (AB) <1,000 sf ALS buffer Oversize accessory building (OAB) 35 10 20 30 75/100/150 + 25 or MCWD >1,000 sf ALS buffer Accessory 17.5 10 10 10 75/100/150 + ALS 25 or MCWD structures (AS) buffer 1 OHWL setback is determined by the classification of the lake as defined in section 6.12.5970 and the applied minimum setback from the OHWL as outlined in section 6.12.6240. (b) Exceptions: (1) Side yard setback. For lots that are nonconforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesser of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. CD6:62 LAND USE § 6.12.1520 (2) Side yards adjacent to unimproved rights -of -way. In any residential district, the setback for side yards adjacent to unimproved rights -of -way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (3) Front yard setback. For lots that are nonconforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the nonconforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, § 10.24(5); Code 2003, § 78-330; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 5, 6-27-2016; Ord. No. 199(3rd series), § 3, 6-12-2017; Ord. No. 222(3rd series), § 9, 12-10-2018; Ord. No. 299(3rd series), § 5, 3-11-2024) Subdivision IV. LR-1C One -Family Lakeshore Residential District Sec. 6.12.1510. Purpose. The LR-1C One -Family Lakeshore Residential District is intended to provide a district which will allow a combination of medium -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 stormwater runoff into Lake Minnetonka. Because of the location of the district near Lake Minnetonka, special regulations are necessary to protect that natural resource from the effects of intense development. The district shall have immediate access to highways and public sanitary sewer. (Code 1984, § 10.25(1); Code 2003, § 78-346) Sec. 6.12.1520. Permitted uses. Within the LR-1C One -Family Lakeshore Residential District, no land or structure shall be used except for one or more of the following uses: (1) City -owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use. CD6:63 b. The architectural design of the structure is found to be compatible with the surrounding area. (2) Municipal buildings. (3) One -family detached dwellings. (4) Personal wireless service antennas and towers. a. Purpose and intent. The purpose of this subsection is to establish predict- able, balanced regulations for the siting and screening of wireless com- munications equipment in order to accommodate the growth of wire- less communication systems within the city while protecting the public against any adverse impacts on the city's aesthetic resources and the public welfare. b. Personal wireless service antennas. Personal wireless service antennas erected on a municipal water tower may be allowed as a secondary use by administrative permit, provided they comply with the city policy regarding the use of city -owned property for wireless telecommunica- tion antennas and provided they meet the following conditions: 1. The antenna shall be in compli- ance with the state building code and all other applicable federal and state regulations and permits. § 6.12,1520 ORONO CODE 2. Structural design, mounting 9. The applicant shall and installation of the antenna demonstrate by providing a shall be in compliance with coverage/interference analysis manufacturer's specifications and capacity analysis prepared and shall be verified and by a registered professional approved by a registered profes- engineer that the location of sional engineer. the antenna as proposed is 3. No advertising message shall necessary to meet the frequency spacing needs of the personal be affixed to the antenna. wireless service system and to 4. Antennas shall not be provide adequate portable artificially illuminated unless personal wireless service cover - required by law or by the age and capacity to the area. Federal Aviation Administra- (5) Publicly owned parks and playgrounds. tion (FAA) to protect the (Code 1984, §§ 10.20(2), 10.25(3); Code 2003, public's health and safety. § 78-347; Ord. No. 183(2nd series), § 4, 2-22- 5. When applicable, proposals to 1999; Ord. No. 226(2nd series), § 1, 5-27-2003; erect new antennas shall be Ord. No. 44(3rd series), § 5, 2-25-2008; Ord. No. accompanied by any required 82(3rd series), § 14, 12-13-2010; Ord. No. 90(3rd federal, state, or local agency series), § 6, 12-12-2011; Ord. No. 210(3rd series), licenses. § 8, 6-25-2018; Ord. No. 233(3rd series), § 5, 6. Transmitting, receiving, and 10-14-2019; Ord. No. 279(3rd series), § 14, 11-14- switching equipment shall be 2022) housed within the existing State law reference —State mandated permitted uses, structure. If a new equipment Minn. Stats. § 462.357, subd. 7. building is necessary for Sec. 6.12.1530. Conditional uses. transmitting, receiving and switching equipment, it shall Within any LR-lC One -Family Lakeshore be situated in the rear yard of Residential District, no structure or land shall the principal use and shall be be used for the following uses without a conditional screened from view by use permit: landscaping. (1) Golf courses, country clubs, tennis clubs, 7. All obsolete and unused anten- non-profit camps, and religious camps, nas shall be removed within provided that: 12 months of cessation of opera- a. All principal buildings are located tion at the site, unless an at least 100 feet from any adjacent exemption is granted by the property zoned for residential use; city administrator or designee. and The removal shall be the responsibility of the com- b. All accessory buildings and munication provider. structures more than six feet in height are located at least 50 feet 8. Antennas shall utilize from any adjacent property zoned camouflaging techniques or for residential use. shall be side -mounted to an antenna support structure in (2) Keeping of farm animals for noncom - order that such facilities are mercial purposes and for the use of the compatible with the character occupants of premises, provided that: and environment of the area in a. Where the applicant requests a which they are located. conditional use permit to keep CD6:64 LAND USE § 6,12.1530 horses, there must be at least one 2. Co -located on a replacement acre for the dwelling and two acres city emergency warning siren of open pasture for the first horse. tower, with a height not to If the applicant requests a exceed 75 feet. conditional use permit to keep more 3. Co -located on a new city than one horse, the property must emergency warning siren tower, have one additional acre of open at a location that meets the pasture for each additional horse. city's emergency warning needs, Calculations of minimum pasture with a height not to exceed 75 acreage shall not include any land feet. defined as a wetland or wetland d. Such antennas shall meet the fol- buffer under section 6.12.8110. lowing performance standards: b. Where the applicant requests a 1. The antennas must be located conditional use permit to keep farm on the existing emergency animals other than horses, there warning sirens poles, unless must be at least one acre for the the height of the existing pole, dwelling and one acre for each or the capacity of the existing animal unit. Calculations of pole to support both the siren minimum acreage required shall not and the antenna is inadequate include any land defined as a wetland to minimally meet the needs of or wetland buffer under section the carrier. In this case, the 6.12.8110. carrier may be allowed to install C. Any building or structure associ- a replacement tower that will ated with the animals is located accommodate both the more than 150 feet from the nearest emergency warning siren and adjacent residence and at least 75 the telecommunications feet from the nearest lot line. antenna. The existing d. The use is operated in compliance emergency siren towers can be with chapter 5.28. replaced with towers with a maximum height of 75 feet, (3) Personal wireless service antennas. with the condition that the Personal wireless service antennas erected tower accommodates both the on a municipal structure other than a emergency warning siren and water tower may be allowed as a the telecommunications conditional use if they meet the following antenna. The city may also criteria: require the tower to have the a. Such antennas must be in compli- capability of accommodating ance with the city policy regarding one additional carrier's the use of city -owned property for antenna. wireless telecommunication anten- 2. A new emergency warning siren nas; tower location, selected by the b. Such antennas must meet the condi- city to meet its emergency tions listed for personal wireless warning needs, could also be service antennas as a permitted use used as a telecommunications in the LR-1C zoning district. antenna site through co -loca- tion of the warning siren and C. Such antennas may be located in antenna. The standards set out the following locations: in subsection (3)d.1 of this sec- 1. Co -located on an existing city tion also apply to a siren tower emergency warning siren tower. in a new location. CD6:65 0 1- CV) § 6.12.1530 ORONO CODE 3. The height of a tower can be no Appropriate vegetative screen - higher than the minimum ing of ground cabinets shall be height required to address a provided by the carrier, subject gap in coverage. to approval by the city council. 4. The setback of a tower from a The council at its discretion property line must, at may allow the use of non - minimum, be equal to the vegetative screening methods height of the tower, except such as berming, fencing, etc. where an existing emergency 11. Stealth -type antennas (cylindri- warning siren is located on a cal) vs. an array of panels, is site that does not enable this required if the technology is setback to be provided. available. 5. A carrier must demonstrate 12. Only monopole towers are through an engineering allowed. analysis that there is a gap in (4) Places of worship, provided that all build- coverage. ings and structures, except columbaria, 6. At the city's discretion, a tower are located at least 50 feet from any must be designed to structur- adjacent property zoned for residential ally enable co -location by use. another carrier, and the car- rier must agree to allow co- (5) Planned residential development, limited location. to detached single-family dwellings only 7. The carrier must provide and subject to the limitations of division computer -generated photos 10 of this article. showing the views (as selected (6) Public service structures, provided that: by the city) with and without the tower. a. All buildings are located at least 50 feet from any adjacent property 8. All consultant analysis and zoned for residential use; and legal analysis related to the towers and the lease of the b. The architectural design of the towers shall be paid by the structure is compatible with the carrier. architectural design of the surround- 9. The carrier is required to ing area. provide coverage maps to (7) Schools, day care centers, and uses acces- demonstrate the specific gap sory to a high school. in coverage and need for an additional tower and antenna, a. Pre -kindergarten, primary and and to demonstrate there are secondary public schools and private no existing tower options within schools with a curriculum similar to a radius of two miles that could a pre -kindergarten, primary or accommodate the carrier's secondary school. Schools may antenna needs. include before and after school care for students. 10. The size of the cabinets on the ground needed to house the b. Day care centers, nursery schools support equipment for the and similar programs that are not antennas is limited to the associated with a public or private minimum necessary size, as school and serve pre -kindergarten determined by the city council. children. ti M LAND USE C. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is: 1. Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district; 2. Not separated from the high school building by a public road; 3. Operated by the school district or by a nonprofit organization; and 4. All structures are located at least 50 feet from any adjacent property zoned for residential use. (8) Two-family dwellings, provided that: a. Public sanity sewer service is avail- able; b. The lot is adjacent to a commercial or industrial parcel; C. The dwelling is within 200 feet of the commercial or industrial parcel; and d. The design of the dwelling is compat- ible with the surrounding residences. (9) Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. All portions of columbaria located above ground shall meet the following standards: a. Located at least ten feet from property boundaries. b. Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. Located at least ten feet from the edge of the paved, traveled roadway. § 6.12.1540 d. Shall not exceed eight feet in height including any appurtenances. e. Direct views from all adjoining residential parcels shall be buffered by appropriate means. (Code 1984, §§ 10.20(3), 10.25(4); Code 2003, § 78-348; Ord. No. 145(2nd series), § 1, 3-11- 1996; Ord. No. 161(2nd series), §§ 3, 4, 6-7-1997; Ord. No. 178(2nd series), § 1, 12-8-1997; Ord. No. 179(2nd series), § 2, 10-12-1998; Ord. No. 226(2nd series), § 2, 5-27-2003; Ord. No. 28(3rd series), § 7, 8-22-2005; Ord. No. 44(3rd series), § 5, 2-25-2008; Ord. No. 45(3rd series), § 5, 2-25-2008; Ord. No. 79(3rd series), § 6, 11-8- 2010; Ord. No. 82(3rd series), § 15, 12-13-2010; Ord. No. 90(3rd series), § 6, 12-12-2011; Ord. No. 100(3rd series), § 3, 2-25-2013; Ord. No. 224(3rd series), § 5, 6-10-2019; Ord. No. 257(3rd series), § 7, 5-10-2021; Ord. No. 279(3rd series), § 15, 11-14-2022) Sec. 6.12.1540. Accessory uses. Within any LR-1C One -Family Lakeshore Residential District, the only permitted acces- sory uses and structures are the following: CD6:67 (1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing. (2) Driveways, sidewalks and parking spaces. (3) Detached private garages and buildings subject to the performance standards of this chapter. (4) Private docks, subject to this code and other applicable regulations, including boat storage density requirements. The accessory use of a private dock shall not include renting space. (5) Kennel structures and dog runs, subject to the provisions of chapter 5.28, article III. (6) Fencing, subject to the provisions of sec- tion 6.12.6940(a)(9). (7) Signs, as regulated in this chapter. N 1- CV) § 6.12.1540 ORONO CODE (8) Flagpoles, subject to accessory structure (14) location and height requirements of this chapter. (9) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems. (10) Compost structures and firewood piles, subject to the accessory structure loca- tion requirements of this chapter. (11) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810, and the licensing provisions of section 4.04.310, when applicable. (12) One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way. (13) Storage of recreational vehicles and equip- ment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 6.12.7510 through 6.12.7550 and 6.12.7820. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations. Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway. (15) Laundry drying equipment. (16) Other uses that are customarily incidental to, and subordinate to, the allowed permit- ted and conditional uses in this district. (17) Apiaries when: a. The property consists of a minimum of two acres in land area. b. Maximum of six hives are permit- ted per acre of land. C. All structures associated with honeybees must follow the acces- sory structure setbacks. (18) Accessory dwelling units. (Code 1984, §§ 10.20(4), 10.25(5); Code 2003, § 78-349; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 82(3rd series), § 16, 12-13-2010; Ord. No. 93(3rd series), § 3, 6-25-2012; Ord. No. 96(3rd series), § 3(3.01, 3.02), 11-13-2012; Ord. No. 106(3rd series), § 7, 6-10-2013; Ord. No. 222(3rd series), § 10, 12-10-2018; Ord. No. 264(3rd series), § 4, 11-22-2021; Ord. No. 279(3rd series), § 16, 11-14-2022) Sec. 6.12.1550. Area, height, lot width, setback, and yard requirements. (a) The following minimum requirements shall be observed: (1) Dimensional requirements: a. Lot area (minimum): 0.5 acre. b. Lot width (minimum): 100 feet. (2) Height: maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building. LAND USE § 6.12.1610 Street/Front Interior Side Side Street Rear/Street OHWLr Wetland Setbacks (feet) (feet) (feet) (feet) (feet) (feet) Principal building 30 10 15 30 75/100/150 + 25 or MCWD ALS buffer Accessory building (AB) <1,000 sfALS 30 10 15 10 75/1000/150 + 25 or MCWD buffer Oversize accessory 25 or building (OAB) 30 10 15 30 75/100/150 + MCWD >1,000 sf ALS buffer Accessory structures (AS) 15 10 15 10 75/100/150 + 25 or MCWD ALS buffer 1 OHWL setback is determined by the classification of the lake as defined in section 6.12.5970 and the applied minimum setback from the OHWL as outlined in section 6.12.6240. (b) Exceptions. (1) Side yard setback. For lots that are nonconforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesser of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. (2) Side yards adjacent to unimproved rights -of -way. In any residential district, the setback for side yards adjacent to unimproved rights -of -way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (3) Front yard setback. For lots that are nonconforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the nonconforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, § 10.25(6); Code 2003, § 78-350; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 6, 6-27-2016; Ord. No. 199(3rd series), § 4, 6-12-2017; Ord. No. 222(3rd series), § 11, 12-10-2018; Ord. No. 299(3rd series), § 6, 3-11-2024) Subdivision V. LR-IC-1 One -Family Lakeshore b. The architectural design of the Residential District structure is found to be compatible Sec. 6.12.1610. Permitted uses. with the surrounding area. Within the LR-1C-1 One -Family Lakeshore (2) Municipal buildings. Residential District, no land or structure shall (3) One -family detached dwellings. be used except for one or more of the following uses: (4) Personal wireless service antennas and (1) City -owned public service structures that towers. have been approved by the city council a. Purpose and intent. The purpose of after the required public hearings for this subsection is to establish predict - public improvement projects, provided able, balanced regulations for the that: siting and screening of wireless com- a. All buildings are located at least 50 munications equipment in order to feet from any adjacent property accommodate the growth of wire - zoned for residential use. less communication systems within CD6:69 ti M § 6.12.1610 ORONO CODE the city while protecting the public against any adverse impacts on the city's aesthetic resources and the public welfare. b. Personal wireless service antennas. Personal wireless service antennas erected on a municipal water tower may be allowed as a secondary use by administrative permit, provided they comply with the city policy regarding the use of city -owned property for wireless telecommunica- tion antennas and provided they meet the following conditions: 1. The antenna shall be in compli- ance with the state building code and all other applicable federal and state regulations and permits. 2. Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered profes- sional engineer. 3. No advertising message shall be affixed to the antenna. 4. Antennas shall not be artificially illuminated unless required by law or by the Federal Aviation Administra- tion (FAA) to protect the public's health and safety. 5. When applicable, proposals to erect new antennas shall be accompanied by any required federal, state, or local agency licenses. 6. Transmitting, receiving, and switching equipment shall be housed within the existing structure. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping. 7. All obsolete and unused anten- nas shall be removed within 12 months of cessation of opera- tion at the site, unless an exemption is granted by the city administrator or designee. The removal shall be the responsibility of the com- munication provider. 8. Antennas shall utilize camouflaging techniques or shall be side -mounted to an antenna support structure in order that such facilities are compatible with the character and environment of the area in which they are located. 9. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer that the location of the antenna as proposed is necessary to meet the frequency spacing needs of the personal wireless service system and to provide adequate portable personal wireless service cover- age and capacity to the area. (5) Publicly owned parks and playgrounds. (Code 1984, §§ 10.20(2), 10.25(3), 10.26(2); Code 2003, § 78-366; Ord. No. 183(2nd series), § 4, 2-22-1999; Ord. No. 226(2nd series), § 1, 5-27- 2003; Ord. No. 44(3rd series), § 6, 2-25-2008; Ord. No. 82(3rd series), § 17, 12-13-2010; Ord. No. 90(3rd series), § 7, 12-12-2011; Ord. No. 210(3rd series), § 9, 6-25-2018; Ord. No. 233(3rd series), § 6, 10-14-2019; Ord. No. 279(3rd series), § 17, 11-14-2022) State law reference —State mandated permitted uses, Minn. Stats. § 462.357, subd. 7. CD6:70 ti M LAND USE § 6.12.1620 Sec. 6.12.1620. Conditional uses. more than 150 feet from the nearest Within the LR-IC-1 One -Family Lakeshore adjacent residence and at least 75feet Residential District, no structure or land shall from the nearest lot line. be used for the following uses without a conditional d. The use is operated in compliance use permit: with chapter 5.28. (1) Golf courses, country clubs, tennis clubs, (3) Personal wireless service antennas. non-profit camps, and religious camps, Personal wireless service antennas erected provided that: on a municipal structure other than a water tower may be allowed as a a. All principal buildings are located conditional use if they meet the following at least 100 feet from any adjacent criteria: property zoned for residential use; a. Such antennas must be in compli- and ance with the city policy regarding b. All accessory buildings and the use of city -owned property for structures more than six feet in wireless telecommunication anten- height are located at least 50 feet nas; from any adjacent property zoned b. Such antennas must meet the condi- for residential use. tions listed for personal wireless (2) Keeping of farm animals for noncom- service antennas as a permitted use mercial purposes and for the use of the in the LR-1C zoning district. occupants of premises, provided that: C. Such antennas may be located in a. Where the applicant requests a the following locations: conditional use permit to keep 1. Co -located on an existing city horses, there must be at least one emergency warning siren tower. acre for the dwelling and two acres 2. Co -located on a replacement of open pasture for the first horse. city emergency warning siren If the applicant requests a tower, with a height not to conditional use permit to keep more exceed 75 feet. than one horse, the property must 3. Co -located on a new city have one additional acre of open pasture for each additional horse. emergency warning siren tower, Calculations of minimum pasture at a location that meets the acreage shall not include any land city's emergency warning needs, defined as a wetland or wetland with a height not to exceed 75 buffer under section 6.12.8110. feet. d. Such antennas shall meet the fol- b. Where the applicant requests a lowing performance standards: conditional use permit to keep farm animals other than horses, there 1. The antennas must be located must be at least one acre for the on the existing emergency dwelling and one acre for each warning sirens poles, unless animal unit. Calculations of the height of the existing pole, minimum acreage required shall not or the capacity of the existing include any land defined as a wetland pole to support both the siren or wetland buffer under section and the antenna is inadequate 6.12.8110. to minimally meet the needs of the carrier. In this case, the C. Any building or structure associ- carrier may be allowed to install ated with the animals is located a replacement tower that will CD6:71 § 6.12.1620 ORONO CODE accommodate both the emergency warning siren and the telecommunications antenna. The existing emergency siren towers can be replaced with towers with a maximum height of 75 feet, with the condition that the tower accommodates both the emergency warning siren and the telecommunications antenna. The city may also require the tower to have the capability of accommodating one additional carrier's antenna. 2. A new emergency warning siren tower location, selected by the city to meet its emergency warning needs, could also be used as a telecommunications antenna site through co -loca- tion of the warning siren and antenna. The standards set out in subsection (3)d.1 of this sec- tion also apply to a siren tower in a new location. 3. The height of a tower can be no higher than the minimum height required to address a gap in coverage. 4. The setback of a tower from a property line must, at minimum, be equal to the height of the tower, except where an existing emergency warning siren is located on a site that does not enable this setback to be provided. 5. A carrier must demonstrate through an engineering analysis that there is a gap in coverage. 6. At the city's discretion, a tower must be designed to structur- ally enable co -location by another carrier, and the car- rier must agree to allow co - location. CD6:72 7. The carrier must provide computer -generated photos showing the views (as selected by the city) with and without the tower. 8. All consultant analysis and legal analysis related to the towers and the lease of the towers shall be paid by the carrier. 9. The carrier is required to provide coverage maps to demonstrate the specific gap in coverage and need for an additional tower and antenna, and to demonstrate there are no existing tower options within a radius of two miles that could accommodate the carrier's antenna needs. 10. The size of the cabinets on the ground needed to house the support equipment for the antennas is limited to the minimum necessary size, as determined by the city council. Appropriate vegetative screen- ing of ground cabinets shall be provided by the carrier, subject to approval by the city council. The council at its discretion may allow the use of non - vegetative screening methods such as berming, fencing, etc. 11. Stealth -type antennas (cylindri- cal), versus an array of panels, are required if the technology is available. 12. Only monopole towers are allowed. (4) Places of worship, provided that all build- ings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use. (5) Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article. LAND USE (6) Public service structures, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use; and b. The architectural design of the structure is compatible with the architectural design of the surround- ing area. (7) Schools, day care centers, and uses acces- sory to a high school. a. Pre -kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre -kindergarten, primary or secondary school. Schools may include before and after school care for students. b. Day care centers, nursery schools and similar programs that are not associated with a public or private school and serve pre -kindergarten children. C. Indoor ice arenas accessory to a high school, provided the arena, including accessory uses, is: 1. Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district; 2. Not separated from the high school building by a public road; 3. Operated by the school district or by a nonprofit organization; and 4. All structures are located at least 50 feet from any adjacent property zoned for residential use. (8) Two-family dwellings, provided that: a. Public sanity sewer service is avail- able; b. The lot is adjacent to a commercial or industrial parcel; § 6.12.1620 C. The dwelling is within 200 feet of the commercial or industrial parcel; and d. The design of the dwelling is compat- ible with the surrounding residences. (9) Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. All portions of columbaria located above ground shall meet the following standards: a. Located at least ten feet from property boundaries. b. Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. C. Located at least ten feet from the edge of the paved, traveled roadway. d. Shall not exceed eight feet in height including any appurtenances. e. Direct views from all adjoining residential parcels shall be buffered by appropriate means. (Code 1984, §§ 10.20(3), 10.25(4), 10.26(2); Code 2003, § 78-367; Ord. No. 145(2nd series), § 1, 3-11-1996; Ord. No. 161(2nd series), §§ 3, 4, 6-7-1997; Ord. No. 178(2nd series), § 1, 12-8- 1997; Ord. No. 179(2nd series), § 2, 10-12-1998; Ord. No. 226(2nd series), § 2, 5-27-2003; Ord. No. 28(3rd series), § 8, 8-22-2005; Ord. No. 44(3rd series), § 6, 2-25-2008; Ord. No. 45(3rd series), § 6, 2-25-2008; Ord. No. 79(3rd series), § 7, 11-8-2010; Ord. No. 82(3rd series), § 18, 12-13-2010; Ord. No. 90(3rd series), § 7, 12-12- 2011; Ord. No. 100(3rd series), § 4, 2-25-2013; Ord. No. 224(3rd series), § 6, 6-10-2019; Ord. No. 257(3rd series), § 8, 5-10-2021; Ord. No. 279(3rd series), § 18, 11-14-2022) CD6:73 § 6.12.1630 Sec. 6.12.1630. Accessory uses. ORONO CODE Within any LR-1C-1 One -Family Lakeshore Residential District, the only permitted acces- sory uses and structures are the following: (1) (2) (3) (4) (5) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing. Driveways, sidewalks and parking spaces. Detached private garages and buildings subject to the performance standards of this chapter. Private docks, subject to this code and other applicable regulations, including boat storage density requirements. The accessory use of a private dock shall not include renting space. Kennel structures and dog runs, subject to the provisions of chapter 5.28, article III. (6) Fencing, subject to the provisions of sec- tion 6.12.6940(a)(9). (7) Signs, as regulated in this chapter (8) Flagpoles, subject to accessory structure location and height requirements of this chapter. (9) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems. (10) Compost structures and firewood piles, subject to the accessory structure loca- tion requirements of this chapter. (11) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810, and the licensing provisions of section 4.04.310, when applicable. (12) One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way. (13) Storage of recreational vehicles and equip- ment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 6.12.7510 through 6.12.7550 and 6.12.7820. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations. (14) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway. (15) Laundry drying equipment. (16) Other uses that are customarily incidental to, and subordinate to, the allowed permit- ted and conditional uses in this district. (17) Apiaries when: a. The property consists of a minimum of two acres in land area. b. Maximum of six hives are permit- ted per acre of land. C. All structures associated with honeybees must follow the acces- sory structure setbacks. (18) Accessory dwelling units. (Code 1984, §§ 10.20(4), 10.25(5), 10.26(2); Code 2003, § 78-368; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 221(2nd series), § 3, 9-23- 2002; Ord. No. 82(3rd series), § 19, 12-13-2010; Ord. No. 93(3rd series), § 4, 6-25-2012; Ord. No. 96(3rd series), § 3(3.01, 3.02), 11-13-2012; Ord. No. 106(3rd series), § 8, 6-10-2013; Ord. No. 222(3rd series), § 12, 12-10-2018; Ord. No. 264(3rd series), § 5, 11-22-2021; Ord. No. 279(3rd series), § 19, 11-14-2022) CD6:74 LAND USE Sec. 6.12.1640. Increased density require- ments. Within any LR-1C-1 One -Family Lakeshore Residential District, a credit allowing a 50 percent increase in dwelling unit density over the LR-IC district may be obtained providing all the follow- ing conditions are complied with: (1) All provisions of division 10 of this article are complied with. (2) Public sanitary sewer is available. (3) All dwelling units must be attached, but no more than four dwelling units to any one structure with a maximum height of 30 feet. (4) Parcels of land lying beyond 100 feet from any shoreline shall not have more § 6.12.1650 than 35 percent of the land area to be developed made impervious by buildings, blacktop, or other forms of hard cover. (5) Building size and location meet council approval. (6) Vehicle ingress and egress meet council approval. (7) A minimum of two parking spaces are provided for each dwelling unit; one of the parking spaces shall be enclosed and attached to the principal structure it serves. (8) Density provisions under article X, divi- sion 6 of this chapter are not exceeded. (Code 1984, § 10.26(3); Code 2003, § 78-369) Sec. 6.12.1650. Area, height, lot width, setback, and yard requirements. (a) The following minimum requirements shall be observed: (1) Dimensional requirements: a. Lot area (minimum): 0.5 acre. b. Lot width (minimum): 100 feet. (2) Height: maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building. Street/Front Interior Side Side Street Rear/Street OHWLI Wetland Setbacks (feet) (feet) (feet) (feet) (feet) (feet) Principal building 30 10 15 30 75/100/150 + 25 or MCWD ALS buffer Accessory building (AB) <1,000 sf 30 10 15 10 75/100/150 + 25 or MCWD ALS buffer Oversize accessory 25 or building (OAB) 30 10 15 30 75/100/150 + MCWD >1,000 sf ALS buffer Accessory structures (AS) 15 10 15 10 75/100/150 + ALS 25 or buffer, Vr1 wt, setback is determined by the classification of the lake as defined in section 6.12.5970 and the applied minimum setback from the OHWL as outlined in section 6.12.6240. (b) Exceptions. (1) Side yard setback. For lots that are nonconforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesser of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. CD6:75 0 00 M § 6.12.1650 ORONO CODE (2) Side yards adjacent to unimproved rights -of -way. In any residential district, the setback for side yards adjacent to unimproved rights -of -way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (3) Front yard setback. For lots that are nonconforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the nonconforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, §§ 10.25(6), 10.26(4); Code 2003, § 78-370; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 7, 6-27-2016; Ord. No. 222(3rd series), § 13, 12-10-2018; Ord. No. 299(3rd series), § 7, 3-11-2024) Division 5. RR-1A One -Family Rural Residential District Sec. 6.12.1710. Purpose. The RR-lA One -Family Rural Residential District is intended to provide a district which will allow a combination of low -density residential development and limited agricultural activity. (Code 1984, § 10.27(1); Code 2003, § 78-391) Sec. 6.12.1720. Permitted uses. Within any RR-lA One -Family Rural Residential District, no land or structures shall be used except for one or more of the following uses: (1) City -owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use. b. The architectural design of the structure is found to be compatible with the surrounding area. (2) Municipal buildings. (3) One -family detached dwellings. (4) Publicly owned parks and playgrounds. (Code 1984, §§ 10.20(2), 10.27(2); Code 2003, § 78-392; Ord. No. 44(3rd series), § 7, 2-25-2008; Ord. No. 82(3rd series), § 20, 12-13-2010; Ord. No. 90(3rd series), § 8, 12-12-2011; Ord. No. 210(3rd series), § 10, 6-25-2018; Ord. No. 233(3rd series), § 7, 10-14-2019; Ord. No. 279(3rd series), § 20, 11-14-2022) State law reference —State mandated permitted uses, Minn. Stats. § 462.357, subd. 7. Sec. 6.12.1730. Conditional uses. Within any RR-1A One -Family Rural Residential District, no structure or land shall be used for the following uses without a conditional use permit. CD6:76 (1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that: a. All principal buildings are located at least 100 feet from any adjacent property zoned for residential use. b. All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use. (2) Personal wireless service antennas. Personal wireless service antennas erected on a municipal structure other than a water tower may be allowed as a conditional use if they meet the following criteria: a. Such antennas must be in compli- ance with the city policy regarding CO M LAND USE § 6.12.1730 the use of city -owned property for capability of accommodating wireless telecommunication anten- one additional carrier's nas; antenna. b. Such antennas must meet the condi- 2. A new emergency warning siren tions listed for personal wireless tower location, selected by the service antennas as a permitted use city to meet its emergency in the LR-1C zoning district. warning needs, could also be used as a telecommunications C. Such antennas may be located in antenna site through co-loca- the following locations: tion of the warning siren and 1. Co -located on an existing city antenna. The standards set out emergency warning siren tower. in subsection Wd. l of this sec- 2. Co -located on a replacement tion also apply to a siren tower city emergency warning siren in a new location. tower, with a height not to 3. The height of a tower can be no exceed 75 feet. higher than the minimum height required to address a 3. Co -located on a new city gap in coverage. emergency warning siren tower, at a location that meets the 4. The setback of a tower from a city's emergency warning needs, property line must, at with a height not to exceed 75 minimum, be equal to the feet. height of the tower, except where an existing emergency d. Such antennas shall meet the fol- warning siren is located on a lowing performance standards: site that does not enable this 1. The antennas must be located setback to be provided. on the existing emergency 5. A carrier must demonstrate warning sirens poles, unless through an engineering the height of the existing pole, analysis that there is a gap in or the capacity of the existing coverage. pole to support both the siren 6. At the city's discretion, a tower and the antenna is inadequate must be designed to structur- to minimally meet the needs of ally enable co -location by the carrier. In this case, the another carrier, and the car - carrier may be allowed to install rier must agree to allow co - a replacement tower that will location. accommodate both the emergency warning siren and 7. The carrier must provide the telecommunications computer -generated photos antenna. The existing showing the views (as selected emergency siren towers can be by the city) with and without replaced with towers with a the tower. maximum height of 75 feet, 8. All consultant analysis and with the condition that the legal analysis related to the tower accommodates both the towers and the lease of the emergency warning siren and towers shall be paid by the the telecommunications carrier. antenna. The city may also 9. The carrier is required to require the tower to have the provide coverage maps to CD6:77 N 00 M § 6.12.1730 ORONO CODE demonstrate the specific gap in coverage and need for an additional tower and antenna, and to demonstrate there are no existing tower options within a radius of two miles that could accommodate the carrier's antenna needs. 10. The size of the cabinets on the ground needed to house the support equipment for the antennas is limited to the minimum necessary size, as determined by the city council. Appropriate vegetative screen- ing of ground cabinets shall be provided by the carrier, subject to approval by the city council. The council at its discretion may allow the use of non - vegetative screening methods such as berming, fencing, etc. 11. Stealth -type antennas (cylindri- cal), versus an array of panels, are required if the technology is available. 12. Only monopole towers are allowed. (3) Places of worship, provided that all build- ings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use. (4) Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article. (5) Public service structures, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use; and b. The architectural design of the structure is compatible with the architectural design of the surround- ing area. (6) Public stables and barns, provided that: a. The public stable or barn is acces- sory to a residential use. b. Such structures are located at least 150 feet from the nearest lot line. (7) Riding academy, provided that: a. It is accessory to a residential use. b. It is operated by an owner or resident of the property. C. The number of horses and farm animals may not exceed the limita- tions of section 6.12.1840(6). d. No instruction occurs less than 100 feet from a residence on an adjacent property or less than 75 feet from the lot line. (8) Schools, day care centers, and uses acces- sory to a high school. a. Pre -kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre -kindergarten, primary or secondary school. Schools may include before and after school care for students. b. Day care centers, nursery schools and similar programs that are not associated with a public or private school and serve pre -kindergarten children. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is: 1. Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district; 2. Not separated from the high school building by a public road; 3. Operated by the school district or by a nonprofit organization; and M 00 M LAND USE 4. All structures are located at least 50 feet from any adjacent property zoned for residential use. (9) Stock farms, provided that: a. Excluding wetlands and wetland buf- fers as defined in sections 6.12.8110 and 6.12.8210, there are a minimum of ten acres of land devoted to the keeping of animals and the animal density is no more than two animal units an acre on the land devoted to keeping the animals. b. No dwellings are permitted except one for the property owner or the operator of the farm. C. No accessory buildings or structures are permitted other than those allowed for a residential use. (10) Wholesale green houses, provided that: a. All outside storage is fenced so as to screen the stored material from view when observed from all public streets or adjoining lots. b. Greenhouse structures are not located in a required yard area. C. There are no dwellings on the property, except one for the owner or operator of the wholesale greenhouse. d. There are no accessory buildings or structures other than those allowed for a residential use. (11) Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. All portions of columbaria located above ground shall meet the following standards: a. Located at least ten feet from property boundaries. § 6,12.1740 b. Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. C. Located at least ten feet from the edge of the paved, traveled roadway. d. Shall not exceed eight feet in height including any appurtenances. e. Direct views from all adjoining residential parcels shall be buffered by appropriate means. (Code 1984, §§ 10.20(3), 10.27; Code 2003, § 78- 393; Ord. No. 145(2nd series), § 1, 3-11-1996; Ord. No. 161(2nd series), §§ 3, 4, 6-7-1997; Ord. No. 179(2nd series), § 2, 10-12-1998; Ord. No. 226(2nd series), § 2, 5-27-2003; Ord. No. 44(3rd series), § 7, 2-25-2008; Ord. No. 45(3rd series), § 7, 2-25-2008; Ord. No. 79(3rd series), § 8, 11-8-2010; Ord. No. 82(3rd series), § 21, 12-13- 2010; Ord. No. 89(3rd series), § 1, 11-28-2011; Ord. No. 224(3rd series), § 7, 6-10-2019; Ord. No. 257(3rd series), § 9, 5-10-2021; Ord. No. 279(3rd series), § 21, 11-14-2022) Sec. 6.12.1740. Accessory uses. Within any RR-lA One -Family Rural Residential District, the only permitted acces- sory uses and structures are the following: (1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing. (2) Driveways, sidewalks and parking spaces. (3) Detached private garages and buildings subject to the performance standards of this chapter. (4) Farm animal structures and enclosures such as barns, chicken coops, paddocks and arenas, horse loafing sheds, etc. (5) Keeping of farm animals for noncom- mercial purposes and for the use of the occupants of premises, provided that: a. For the keeping of horses, there must be at least one acre for the dwelling and two acres of open CD6:79 It 00 M § 6.12.1740 ORONO CODE pasture for the first horse. For the keeping of more than one horse, the property must have one additional acre of open pasture for each additional horse. Calculations of minimum pasture acreage shall not include any land defined as a wetland or wetland buffer under section 6.12.8110. b. For the keeping of farm animals other than horses, there must be at least one acre for the dwelling and one acre for each animal unit. Calculations of minimum acreage required shall not include any land defined as a wetland or wetland buffer under section 6.12.8110. C. Any building or structure associ- ated with the animals is located more than 150 feet from the nearest adjacent residence and at least 75 feet from the nearest lot line. d. The use is operated in compliance with chapter 5.28. (6) Kennel structures and dog runs, subject to the provisions of chapter 5.28, article III. (7) Fencing, subject to the provisions of sec- tion 6.12.6940(a)(9). (8) Signs, as regulated in this chapter. (9) Flagpoles, subject to accessory structure location and height requirements of this chapter. (10) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems. (11) Compost structures and firewood piles, subject to the accessory structure loca- tion requirements of this chapter. (12) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810, and the licensing provisions of section 4.04.310, when applicable. (13) One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way. (14) Storage of recreational vehicles and equip- ment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 6.12.7510 through 6.12.7550 and 6.12.7820. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations. (15) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway. (16) Laundry drying equipment. (17) Other uses that are customarily incidental to, and subordinate to, the allowed permit- ted and conditional uses in this district. (18) Apiaries when: a. The property consists of a minimum of two acres in land area. b. Maximum of six hives are permit- ted per acre of land. C. All structures associated with honeybees must follow the acces- sory structure setbacks. (19) Accessory dwelling units. (Code 1984, §§ 10.20(3)(M), (3)(N), (4), 10.27(4); Code 2003, § 78-3394; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 221(2nd series), § 3, LAND USE 9-23-2002; Ord. No. 28(3rd series), § 9, 8-22- 2005; Ord. No. 82(3rd series), § 22, 12-13-2010; Ord. No. 96(3rd series), § 3(3.01, 3.02), 11-13- 2012; Ord. No. 100(3rd series), § 5, 2-25-2013; § 6.12.1750 Ord. No. 106(3rd series), § 9, 6-10-2013; Ord. No. 222(3rd series), § 14, 12-10-2018; Ord. No. 264(3rd series), § 6, 11-22-2021; Ord. No. 279(3rd series), § 22, 11-14-2022) Sec. 6.12.1750. Area, height, lot width, setback, and yard requirements. (a) The following minimum requirements shall be observed: (1) Dimensional requirements: a. Lot area (minimum): 5.0 acres. b. Lot width (minimum): 300 feet. (2) Height: maximum 30 feet defined height. Street/Front Interior Side Side Street Rear/Street OHWL 1 Wetland Setbacks (feet) (feet) (feet) (feet) (feet) (feet) Principal building 100 50 100 100 75/100/150 + 25 orALS MCWD buffer Accessory building (AB) <1,000 sf 100 20 100 20 75/100/150 + 25 or MCWD ALS buffer Oversize accessory 25 or building (OAB) 100 50 100 100 75/100/150 + MCWD >1,000 sf ALS buffer Accessory structures (AS) 50 20 50 20 75/100/150 + ALS 25 or MCWD buffer 1 OHWL setback is determined by the classification of the lake as defined in section 6.12.5970 and the applied minimum setback from the OHWL as outlined in section 6.12.6240. (b) Exceptions: (1) Side yards adjacent to unimproved rights -of -way. In any residential district, the setback for side yards adjacent to unimproved rights -of -way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (2) Front yard setback. For lots that are nonconforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the nonconforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, § 10.27(5); Code -2003, § 78-395; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 8, 6-27-2016; Ord. No. 222(3rd series), § 15, 12-10-2018; Ord. No. 278(3rd series), § 1, 10-10-2022; Ord. No. 299(3rd series), § 8, 3-11-2024) CD6:81 W 00 M § 6,12.1810 ORONO CODE Division 6. RR-1B One -Family Rural against any adverse impacts on the Residential District city's aesthetic resources and the public welfare. Sec. 6.12.1810. Purpose. b. Personal wireless service antennas. The RR-113 One -Family Rural Residential Personal wireless service antennas District is intended to provide a district which erected on a municipal water tower will allow a combination of low -density residential may be allowed as a secondary use development and limited agricultural activity. by administrative permit, provided (Code 1984, § 10.28(1); Code 2003, § 78-416) they comply with the city policy regarding the use of city -owned Sec. 6.12.1820. Permitted uses. property for wireless telecommunica- tion antennas and provided they Within any RR-1B One -Family Rural meet the following conditions: Residential District, no land or structures shall be used except for one or more of the following 1. The antenna shall be in compli- uses: ance with the state building code and all other applicable (1) City -owned public service structures that federal and state regulations have been approved by the city council and permits. after the required public hearings for public improvement projects, provided 2. Structural design, mounting that: and installation of the antenna a. All buildings are located at least 50 shall be in compliance with feet from any adjacent property manufacturer's specifications and shall be verified and zoned for residential use. approved by a registered profes- b. The architectural design of the sional engineer. structure is found to be compatible with the surrounding area. 3. No advertising message shall be affixed to the antenna. (2) Community gardens located on city property. For the purposes of this chapter, 4. Antennas shall not be community gardens shall mean vegetable artificially illuminated unless or flower gardens operating on city required by law or by the property by the city or with an approved Federal Aviation Administra- license agreement authorized by the city tion (FAA) to protect the council. public's health and safety. (3) Municipal buildings. 5. When applicable, proposals to erect new antennas shall be (4) One -family detached dwellings. accompanied by any required (5) Personal wireless service antennas and federal, state, or local agency towers. licenses. a. Purpose and intent. The purpose of 6. Transmitting, receiving, and this subsection is to establish predict- switching equipment shall be able, balanced regulations for the housed within the existing siting and screening of wireless com- structure. If a new equipment munications equipment in order to building is necessary for accommodate the growth of wire- transmitting, receiving and less communication systems within switching equipment, it shall the city while protecting the public be situated in the rear yard of CD6:82 LAND USE the principal use and shall be screened from view by landscaping. 7. All obsolete and unused anten- nas shall be removed within 12 months of cessation of opera- tion at the site, unless an exemption is granted by the city administrator or designee. The removal shall be the responsibility of the com- munication provider. 8. Antennas shall utilize camouflaging techniques or shall be side -mounted to an antenna support structure in order that such facilities are compatible with the character and environment of the area in which they are located. 9. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer that the location of the antenna as proposed is necessary to meet the frequency spacing needs of the personal wireless service system and to provide adequate portable personal wireless service cover- age and capacity to the area. (6) Publicly owned parks and playgrounds. (7) Schools on lots 15 acres in size or greater. a. Schools may include pre- kindergarten, primary and second- ary public schools and private schools with a curriculum similar to a pre- kindergarten, primary or secondary school. Schools may include before and after school care for students. Schools are activity centers in the community requiring flexible application of ordinances including special events, uses, number and size of structures. In all cases, schools shall be developed and utilized § 6.12.1820 consistent with the intent of the community management plan, wetland, shoreland, and floodplain regulations, and not adversely affect adjacent property. b. Uses and structures accessory to a school may include garages, shelters, dugouts, press boxes, storage sheds, parking, sport courts and fields, bleachers, scoreboards and lighting less than 30 feet from grade and any other items customary and incidental to a school. C. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is: 1. Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district; 2. Not separated from the high school building by a public road; Operated by the school district or by a nonprofit organization; and 4. All structures are located at least 50 feet from any adjacent property zoned for residential use. (Code 1984, §§ 10.20(2), 10.28(2); Code 2003, § 78-417; Ord. No. 161(2nd series), § 7, 6-7-1997; Ord. No. 226(2nd series), § 1, 5-27-2003; Ord. No. 44(3rd series), § 8, 2-25-2008; Ord. No. 82(3rd series), § 23, 12-13-2010; Ord. No. 90(3rd series), § 9, 12-12-2011; Ord. No. 198(3rd series), § 1, 6-12-2017; Ord. No. 210(3rd series), § 11, 6-25-2018; Ord. No. 233(3rd series), § 8, 10-14- 2019; Ord. No. 279(3rd series), § 23, 11-14-2022) State law reference —State mandated permitted uses, Minn. Stats. § 462.357, subd. 7. CD6:83 00 00 M § 6.12.1830 ORONO CODE Sec. 6.12.1830. Conditional uses. d. Such antennas shall meet the fol- lowing performance standards: Within any RR-113 One -Family Rural 1. The antennas must be located Residential District, no structure or land shall the existing emergency be used for the following uses without a conditional sirens unless use permit: warning poles, w the height of the existing pole, (1) Golf courses, country clubs, tennis clubs, or the capacity of the existing non-profit camps, and religious camps, pole to support both the siren provided that: and the antenna is inadequate to minimally meet the needs of a. All principal buildings are located the carrier. In this case, the at least 100 feet from any adjacent carrier may be allowed to install property zoned for residential use. a replacement tower that will b. All accessory buildings and accommodate both the structures more than six feet in emergency warning siren and height are located at least 50 feet the telecommunications from any adjacent property zoned antenna. The existing for residential use. emergency siren towers can be replaced with towers with a (2) Personal wireless service antennas. maximum height of 75 feet, Personal wireless service antennas erected with the condition that the on a municipal structure other than a tower accommodates both the water tower may be allowed as a emergency warning siren and conditional use if they meet the following the telecommunications criteria: antenna. The city may also a. Such antennas must be in compli- require the tower to have the ance with the city policy regarding capability of accommodating the use of city -owned property for one additional carrier's wireless telecommunication anten- antenna. nas; 2. A new emergency warning siren b. Such antennas must meet the condi- tower location, selected by the tions listed for personal wireless city to meet its emergency service antennas as a permitted use warning needs, could also be in the LR-lC zoning district. used as a telecommunications antenna site through co-loca- c. Such antennas may be located in tion of the warning siren and the following locations: antenna. The standards set out 1. Co -located on an existing city in subsection (2)d.1 of this sec - emergency warning siren tower. tion also apply to a siren tower 2. Co -located on a replacement in a new location. city emergency warning siren 3. The height of a tower can be no tower, with a height not to higher than the minimum exceed 75 feet. height required to address a 3. Co -located on a new city gap in coverage. emergency warning siren tower, 4. The setback of a tower from a at a location that meets the property line must, at city's emergency warning needs, minimum, be equal to the with a height not to exceed 75 height of the tower, except feet. where an existing emergency I.:M LAND USE § 6.12.1830 warning siren is located on a 11. Stealth -type antennas (cylindri- site that does not enable this cal), versus an array of panels, setback to be provided. are required if the technology 5. A carrier must demonstrate is available. through an engineering 12. Only monopole towers are analysis that there is a gap in allowed. coverage. (3) Places of worship, provided that all build- 6. At the city's discretion, a tower ings and structures, except columbaria, must be designed to structur- are located at least 50 feet from any ally enable co -location by adjacent property zoned for residential another carrier, and the car- use. rier must agree to allow co- (4) Planned residential development, limited location. to detached single-family dwellings only 7. The carrier must provide and subject to the limitations of division computer -generated photos 10 of this article. showing the views (as selected (5) Public libraries, provided that all build - by the city) with and without ings are located at least 50 feet from any the tower. adjacent property zoned for residential 8. All consultant analysis and use. legal analysis related to the (6) Public service structures, provided that: towers and the lease of the towers shall be paid by the a. All buildings are located at least 50 carrier. feet from any adjacent property zoned for residential use; and 9. The carrier is required to provide coverage maps to b. The architectural design of the demonstrate the specific gap structure is compatible with the in coverage and need for an architectural design of the surround - additional tower and antenna, ing area. and to demonstrate there are (7) Public stables and barns, provided that: no existing tower options within a radius of two miles that could a. The public stable or barn is acces- accommodate the carrier's sory to a residential use. antenna needs. b. Such structures are located at least 10. The size of the cabinets on the 150 feet from the nearest lot line. ground needed to house the (8) Riding academy, provided that: support equipment for the antennas is limited to the a. It is accessory to a residential use. minimum necessary size, as b. It is operated by an owner or resident determined by the city council. of the property. Appropriate vegetative screen- ing of ground cabinets shall be C. The number of horses and farm provided by the carrier, subject animals may not exceed the limita- to approval by the city council. tions of section 6.12.1840(5). The council at its discretion d. No instruction occurs less than 100 may allow the use of non- feet from a residence on an adjacent vegetative screening methods property or less than 75 feet from such as berming, fencing, etc. the lot line. § 6.12.1830 ORONO CODE (9) Schools, day care centers, and uses acces- sory to a high school on lots less than 15 acres. a. Pre -kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre -kindergarten, primary or secondary school. Schools may include before and after school care for students. b. Day care centers, nursery schools and similar programs that are not associated with a public or private school and serve pre -kindergarten children. C. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is: 1. Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district; 2. Not separated from the high school building by a public road; 3. Operated by the school district or by a nonprofit organization; and 4. All structures are located at least 50 feet from any adjacent property zoned for residential use. (10) Stock farms, provided that: a. Excluding wetlands and wetland buf- fers as defined in sections 6.12.8110 and 6.12.8210, there are a minimum often ten acres of land devoted to the keeping of animals and the animal density is no more than two animal units an acre on the land devoted to keeping the animals. b. No dwellings are permitted except one for the property owner or the operator of the farm. C. No accessory buildings or structures are permitted other than those allowed for a residential use. (11) Wholesale green houses, provided that: a. All outside storage is fenced so as to screen the stored material from view when observed from all public streets or adjoining lots. b. Greenhouse structures are not located in a required yard area. C. There are no dwellings on the property, except one for the owner or operator of the wholesale greenhouse. d. There are no accessory buildings or structures other than those allowed for a residential use. (12) Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. All portions of columbaria located above ground shall meet the following standards: a. Located at least ten feet from property boundaries. b. Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. C. Located at least ten feet from the edge of the paved, traveled roadway. d. Shall not exceed eight feet in height including any appurtenances. e. Direct views from all adjoining residential parcels shall be buffered by appropriate means. (13) Lighting where the light source is greater than 30 feet from grade. (Code 1984, §§ 10.20(3), 10.28(3); Code 2003, § 78-418; Ord. No. 145(2nd series), § 1, 3-11- 1996; Ord. No. 161(2nd series), §§ 3, 4, 6-7-1997; Ord. No. 179(2nd series), § 2, 10-12-1998; Ord. No. 226(2nd series), § 2, 5-27-2003; Ord. No. 44(3rd series), § 8, 2-25-2008; Ord. No. 45(3rd LAND USE § 6.12.1840 series), § 8, 2-25-2008; Ord. No. 79(3rd series), C. Any building or structure associ- § 9, 11-8-2010; Ord. No. 82(3rd series), § 24, ated with the animals is located 12-13-2010; Ord. No. 89(3rd series), § 2, 11-28- more than 150 feet from the nearest 2011; Ord. No. 198(3rd series), § 1, 6-12-2017; adjacent residence and at least 75 Ord. No. 224(3rd series), § 8, 6-10-2019; Ord. feet from the nearest lot line. No. 257(3rd series), § 10, 5-10-2021; Ord. No. d. The use is operated in compliance 279(3rd series), § 24, 11-14-2022) with chapter 5.28. Sec. 6.12.1840. Accessory uses. (6) Kennel structures and dog runs, subject to the provisions of chapter 5.28, article Within any RR-1B One -Family Rural III. Residential District, the only permitted acces- sory uses and structures are the following: (7) Fencing, subject to the provisions of sec- tion 6.12.6940(a)(9). (1) Buildings temporarily located for purposes (8) Signs, as regulated in this chapter. of construction on the premises for a period not to exceed time necessary for (9) Flagpoles, subject to accessory structure such constructing. location and height requirements of this (2) Driveways, sidewalks and parking spaces. chapter. (10) Gardening and other horticultural uses, (3) Detached private garages and buildings including arbors, trellises, aviaries and subject to the performance standards of decorative landscape features, and lawn this chapter. sprinkler systems. (4) Farm animal structures and enclosures (11) Compost structures and firewood piles, such as barns, chicken coops, paddocks subject to the accessory structure loca- and arenas, horse loafing sheds, etc. tion requirements of this chapter. (5) Keeping of farm animals for noncom- (12) Home occupations, as defined in this mercial purposes and for the use of the chapter. All home occupations shall occupants of premises, provided that: comply with the provisions of section a. For the keeping of horses, there 6.12.6810, and the licensing provisions of must be at least one acre for the section 4.04.310, when applicable. dwelling and two acres of open (13) One temporary roadside stand offering pasture for the first horse. For the for sale only farm products produced on keeping of more than one horse, the the premises, provided such stand does property must have one additional not exceed 200 square feet in area and is acre of open pasture for each located at least 30 feet back from the additional horse. Calculations of public right-of-way. minimum pasture acreage shall not include any land defined as a wetland (14) Storage of recreational vehicles and equip - or wetland buffer under section ment such as RVs, boats, snowmobiles, 6.12.8110. etc., subject to the provisions of sections 6.12.7510 through 6.12.7550 and b. For the keeping of farm animals 6.12.7820. Ice fishing houses and similar other than horses, there must be at structures equipped with wheels or least one acre for the dwelling and mounted on a trailer shall be regulated one acre for each animal unit. as recreational vehicles. Ice fishing houses Calculations of minimum acreage and similar structures not equipped with required shall not include any land wheels or mounted on a trailer shall be defined as a wetland or wetland regulated as accessory buildings and buffer under section 6.12.8110. subject to accessory building regulations. CD6:87 N M M § 6.12.1840 (15) (16) (17) ORONO CODE Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway. Laundry drying equipment. Other uses that are customarily incidental to, and subordinate to, the allowed permit- ted and conditional uses in this district. (18) Apiaries when: a. The property consists of a minimum of two acres in land area. b. Maximum of six hives are permit- ted per acre of land. C. All structures associated with honeybees must follow the acces- sory structure setbacks. (19) Accessory dwelling units. (Code 1984, §§ 10.20(3)(M), (3)(N), (4), 10.28(4); Code 2003, § 78-419; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 28(3rd series), § 10, 8-22- 2005; Ord. No. 82(3rd series), § 25, 12-13-2010; Ord. No. 96(3rd series), § 3(3.01, 3.02), 11-13- 2012; Ord. No. 100(3rd series), § 6, 2-25-2013; Ord. No. 106(3rd series), § 10, 6-10-2013; Ord. No. 222(3rd series), § 16, 12-10-2018; Ord. No. 264(3rd series), § 7, 11-22-2021; Ord. No. 279(3rd series), § 25, 11-14-2022) Sec. 6.12.1850. Area, height, lot width, setback, and yard requirements. (a) The following minimum requirements shall be observed: (1) Dimensional requirements: a. Lot area (minimum): 2.0 acres. b. Lot width (minimum): 200 feet. (2) Height: maximum 30 feet defined height. StreetlFront Interior Side Side Street Rear/Street OHWL' Wetland Setbacks (feet) (feet) (feet) (feet) (feet) (feet) Principal building 50 30 30 50 75/100/150 + ALS 25 or MCWD buffer Accessory building 50 15 30 15 75/100/150 + 25 or MCWD (AB) <1,000 sf ALS buffer Oversize accessory building (OAB) 50 30 30 50 75/100/150 + ALS 25 or MCWD >1,000 sf buffer Accessory 25 15 15 15 75/100/150 + 25 or structures (AS) ALS bu WD 1 OHWL setback is determined by the classification of the lake as defined in section 6.12.5970 and the applied minimum setback from the OHWL as outlined in section 6.12.6240. (b) Exceptions. (1) Side yard setback. For lots that are nonconforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesser of 30 feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than ten feet. M M LAND USE § 6.12.1920 (2) Side yards adjacent to unimproved rights -of -way. In any residential district, the setback for side yards adjacent to unimproved rights -of -way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (3) Front yard setback. For lots that are nonconforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the nonconforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, § 10.28(5); Code 2003, § 78-420; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 9, 6-27-2016; Ord. No. 199(3rd series), § 5, 6-12-2017; Ord. No. 222(3rd series), § 17, 12-10-2018; Ord. No. 278(3rd series), § 2, 10-10-2022; Ord. No. 299(3rd series), § 9, 3-11-2024) Sec. 6.12.1860. Interim uses. Within any RR-1B One -Family Rural Residential District, no structure or land shall be used for the following uses unless an interim use permit has been issued in accordance with the provisions of article XIV of this chapter: (1) Temporary facilities for construction stag- ing, materials and equipment storage, and materials recycling, when such facili- ties are associated with adjacent public road construction or reconstruction projects in the city. a. Time limit. The facility must be completely removed and the site returned to its original state or better within six months of project completion. b. The applicant shall submit plans indicating the site layout, schedul- ing and timing of the use, and the routes for trucks hauling materials to and from the site. C. The applicant shall adhere to all city and other agency requirements for site and adjacent road maintenance, and traffic control measures. (Code 2003, § 78-421; Ord. No. 195(3rd series), § 1, 5-8-2017) Division 7. RS Seasonal Recreational District Sec. 6.12.1910. Purpose. The RS Seasonal Recreational District is intended to provide a district which will allow a low -density seasonal form of residential develop- ment or recreational activity on the three Lake Minnetonka islands within the city. Big Island, Mahpiyata Island and Deering Island are totally surrounded by water. Special problems exist because of their isolated location and because there is no direct access by land or bridge. Transportation is difficult, dangerous and slow, especially in fall or spring when the ice is forming or melting. Engineering, financial, administrative and practical difficulties prevent servicing the islands with sewer or water utili- ties, garbage collection, or complete police, fire, medical emergency or other municipal services. The islands have historically been used for summer cabins, camping spots, temporary boat landings and a disabled veterans' summer camp. As long as this usage remains minimal, public health and safety is reasonably maintained. But development forecasts indicate increasing pres- sures for more intensive usage that could easily exceed the city's public service capabilities. For these reasons, the city's comprehensive plans have long-established policies encouraging eventual public ownership of the islands as recreational resources for general lake users. In addition, limited private seasonal recreational use would be allowed to continue indefinitely, subject to strict conformance with special health and safety standards. The RS district is established to implement these special planning policies. (Code 1984, § 10.31(1); Code 2003, § 78-561) Sec. 6.12.1920. Future amendments. The RS district regulations represent an innova- tive attempt to solve the unique problems relat- § 6.12,1920 ORONO CODE ing to historic use and previously platted substandard lots on the islands while at the same time assuring the property owners of continued reasonable use of their property. It may be found by subsequent city councils that this division was not restrictive enough to protect the health, safety and welfare of the citizens and that new development potential granted to property owners by this division may have to be modified. Therefore, no new development rights granted by this division shall be deemed to be vested property rights but shall remain subject to future modification by the city. (Code 1984, § 10.31(19); Code 2003, § 78-562) Sec. 6.12.1930. Nonconformities. (a) Nonconforming uses. (1) (2) No new use of land or structures shall be permitted in the RS district except in compliance with this division. All exist- ing uses of land or structures which may be made nonconforming by adoption of the ordinance from which this division is derived shall be discontinued and/or made to be in full compliance with all use and performance standard requirements of this division within a period of seven years from the date of adoption, not to extend later than January 1, 1990. Upon notice of record lot classification pursuant to section 6.12.1980(1) and within six months of January 13, 1983, any record lot owner may apply to the council with no application fee required for a variance to this section to allow a continued nonconforming use, subject to reasonable standards and timetables, established by the council for compliance with on -site sewage treatment, private security, private fire protection and other performance standard requirements established by this division. The applicant shall demonstrate and the council shall find that the use is and was legally existing as of November 9, 1981, the effective date of the moratorium established by Ordinance No. 238. Failure to apply for such a variance within the time allowed shall be prima facie evidence that such a nonconforming use was either illegal or did not lawfully exist on that date. (b) Nonconforming substandard properties. Restrictions applying to nonconforming uses shall not apply to record lots which are substandard in lot area or lot width but which are being used in conformance with this division: (1) Record lots which are less than 2.0 acres in dry -buildable lot area and/or less than 200 feet in lot width became substandard lots on January 1, 1975, the effective date of Ordinance No. 172. (2) Record lots, which are greater than 2.0 acres in dry -buildable lot area, but are less than 5.0 acres in dry -buildable lot area, became substandard lots on Janu- ary 13, 1983. (3) Substandard record lots may be used or developed pursuant to section 6.12.320(c). (c) Nonconforming substandard buildings or structures. Restrictions applying to nonconform- ing uses shall not apply to existing buildings or structures which do not conform to location, height or hardcover limitations, but which are being used in conformance with this division. Existing buildings not conforming to the required minimum setbacks may continue to be used, repaired or maintained within the existing build- ing envelope. These buildings may be enlarged vertically or horizontally within the required yard area without requiring a council -approved setback variance, provided: CD6:90 (1) The addition conforms to all required setbacks, even if parts of the existing building do not. (2) The addition extends an existing build- ing line by not more than 20 feet and does not further encroach or reduce any required setback dimension less than already exists. (3) The addition within the required setback area contains not more than 200 square feet, or 50 percent of the total existing building area, whichever is less. LAND USE (4) There shall be no setback exceptions permitted for addition to or enlargement of any accessory building or structure. (5) There shall be no setback exceptions permitted that reduce any required setback to less than ten feet. (6) There shall be no setback exceptions permitted for any horizontal building addition or hard cover increase of any kind within 75 feet of the shoreline or within a required wetland buffer or buffer setback. (7) There shall be no setback exceptions permitted without a council -approved vari- ance in cases where any existing build- ing is being replaced by a new building, or where the proposed addition, remodel- ing and/or renovation work constitutes 50 percent or more of the assessor's fair market value for the existing building. In these situations, the new work shall conform to all required setbacks. (8) The exceptions authorized by this section apply only to setback requirements and do not authorize variance of any lot area, hard cover, building height, building area or any other zoning or building code performance standard. (Code 1984, § 10.31(16)—(18); Code 2003, § 78- 563; Ord. No. 28(3rd series), § 12, 8-22-2005; Ord. No. 92(3rd series), § 2, 3-26-2012) Sec. 6.12.1940. Permitted uses. Within any RS Seasonal Recreational District, no land or structures shall be used except for any one of the following uses: (1) One -family detached dwellings used for seasonal recreational use not to exceed 180 days in any one year, and not to be the owner's principal residence for homestead tax credit purposes. (2) One -family seasonal recreational use of land without structures, or with acces- sory structures only, such as tent camp- ing or day use only. Accessory structures § 6.12.1950 permitted on land without a principal structure shall be limited to one or more of the following: a. Docks conforming to city and LMCD code requirements. b. Not more than one storage building not to exceed 120 square feet in area. C. Fire rings or barbeque pits. d. Open deck or screen house not to exceed 300 square feet in area. e. Not more than one toilet building or outhouse, which must conform in location and design to the require- ments of section 6.12.2040. f. Tents or similar temporary structures to be in place not to exceed 180 days in any one year. (3) Publicly owned and operated parks, nature areas or wildlife preserves, for day use only, when operated by the city, the Henne- pin Park Reserve District or by the state department of natural resources. All dock- age or structures shall remain subject to council review and approval. (Code 1984, § 10.31(2); Code 2003, § 78-564; Ord. No. 90(3rd series), § 11, 12-12-2011; Ord. No. 233(3rd series), § 9, 10-14-2019) Sec. 6.12.1950. Conditional uses. Within any RS Seasonal Recreational District, no land or structures shall be used for the following uses except by conditional use permit: CD6:91 (1) Principal dwellings. One -family detached dwellings used or occupied for 181 days or more in any one year, or any dwelling regardless of the duration of use for which the owner wishes to claim a principal residence homestead tax credit. A conditional use permit may be issued for such nonseasonal dwelling use, provided the applicant demonstrates and the council finds that the property is large enough to be permanently self- supporting in terms of water supply and sewage treatment, and that extra private § 6.12.1950 ORONO CODE precautions are taken for fire protection public rights -of -way, a special lot and security of persons and property, as combination form shall be executed follows: and filed in the chain of title of each a. The minimum dry buildable record separate parcel. lot area required for approval of a (2) Guest cabins. Accessory separate dwell - principal dwelling conditional use ings or sleeping quarters containing indoor permit without a variance shall be toilet and/or kitchen facilities located on 5.0 acres. Approval of a principal the same lot, parcel or property as a dwelling conditional use permit on permitted seasonal dwelling or as a an existing record lot of less than conditionally permitted principal dwell- 5.0 acres shall be subject to strict ing. A conditional use permit may be showing of compliance with health issued for one or more private guest and sanitation performance cabins, provided the applicant standards. demonstrates and the council finds that b. An on -site sewage treatment system the additional living or sleeping facilities shall be provided in conformance will not contribute to overcrowding or with the requirements of section overuse of a small property or will not 6.12.2040. adversely affect neighboring properties, and that extra private precautions are C. A domestic water well shall be taken for fire protection and security of provided which conforms to current persons and property, as follows: state health department regula- tions for depth, for setback from a. Private guest cabins shall be used lake, wetland and sewage treat- solely by the occupants of the ment system components, and which seasonal or principal dwelling, is capable of supplying domestic fire including their domestic employees, protection. caretakers or nonpaying guests. Private guest cabins shall not be d. The dwelling shall be built or rebuilt rented or leased for compensation. to conform to current state building code requirements, including provi- b. The minimum dry buildable record sion for a permanent foundation, a lot area required for approval of a heating system and insulation private guest cabin conditional use conforming to energy code standards. permit without a variance shall be 5.0 acres. Approval of a private e. The dwelling shall be equipped with guest cabin conditional use permit approved smoke detection devices, on an existing record lot of less than and with some form of manual or 5.0 acres shall be subject to strict automatic fire extinguishing equip- showing of compliance with health ment. and sanitation performance f. The dwelling shall be provided with standards. telephone service. C. The guest cabins and the seasonal g. The lot or parcel shall be located or principal dwelling shall all be directly on the shoreline or other connected to on -site sewage treat - access shall be available via a ment systems in conformance with privately improved and maintained the requirements of section access to the shoreline. 6.12.2040. h. All property in common ownership d. The guest cabins and the seasonal shall be combined into one tax parcel or principal dwelling shall all be if contiguous; or if separated by equipped with approved smoke detec- CD6:92 LAND USE § 6.12.1950 tion devices and with some form of upon the lake, upon the land or wetlands, manual or automatic fire extinguish- upon neighboring or nearby properties, ing equipment. and that extra private precautions are e. All property in common ownership taken for fire protection and for security shall be combined into one tax parcel, of persons and property commensurate if contiguous; or, if separated by with the number of users expected on the public rights -of -way, a special lot property, as follows: combination form shall be executed a. The minimum dry -buildable record and filed in the chain of title of each lot area required for approval of a separate parcel. day -use recreation area conditional f. Not more than one private guest use permit without a variance shall cabin constructed without indoor be 5.0 acres. If the number of plumbing, toilets or kitchen facili- expected users at any one time ties, and used only for additional exceeds 100, the minimum lot area sleeping quarters, shall be permit- required shall be increased to ted on any property as an accessory maintain a ratio of at least 1.0 acre use without requiring a conditional per 20 users. use permit, provided the accessory b. The minimum lot width at the cabin does not exceed 600 square shoreline shall be 200 feet. feet in floor area and provided all accessory building performance C. The club, association or group shall standards are met. Use of more each year obtain a joint -use dock than one accessory building for license from the city and from the additional sleeping quarters, or use Lake Minnetonka Conservation of an accessory building in excess of District, and shall at all times abide 600 square feet in floor area, shall by all its terms. The number of require issuance of a conditional licensed boat slips shall not exceed use permit and compliance with the one slip per 50 feet of shoreline. provisions of this subsection (2). d. Any swimming area shall be suit- (3) Day -use recreation areas. Land or ably marked off and separated from structures owned or used by any private boat traffic areas, and safety equip - club, association or group of unrelated ment or supervisors shall be provided individuals as a regular meeting place as may be required by the council. for group activities, including, without e. On -site sewage treatment shall be limitation, boating activities, swimming, provided in conformance with the fishing, picnicking, athletic fields, nature requirements of section 6.12.2040. trails and other day use. Overnight camp- ing shall be permitted only on an f. All new buildings or structures on occasional and incidental basis. This the property, except accessory category includes day use scout, church, structures 120 square feet in floor YMCA or YWCA camps, private nonprofit area or smaller, shall be approved parks and boating groups, clubs or associa- by the council as to size, location tions. This category does not include and proposed use prior to issuance public day -use parks. A conditional use of any building permits. permit may be issued for a day -use g. The property shall be provided with recreation area, provided the applicant telephone service for emergency use. demonstrates and the council finds that the property is large enough to support h. The lot or parcel shall be located the proposed use without adverse effect directly on the shoreline, or other CD6:93 ao M § 6.12.1950 ORONO CODE access shall be available via a b. The minimum lot width at the privately improved and maintained shoreline shall be 200 feet. access to the shoreline. C. Any common kitchen, dining room i. All property in common ownership or eating facility shall conform to shall be combined into one tax parcel, the requirements of county if contiguous; or, if separated by environmental sanitation food public rights -of -way, a special lot protection ordinances, including all combination form shall be executed applicable licenses and inspections. and filed in the chain of title of each d. The camp operator shall each year separate parcel. obtain a joint -use dock license from (4) Overnight camps. Land or structures the city and from the Lake Minne- owned or used by any public agency, unit tonka Conservation District, and of government or any private club, associa- shall at all times abide by all of its tion or group for overnight or extended terms. The number of licensed boat camping by families or individuals, includ- slips shall not exceed one slip per 50 ing related activities, such as boating, feet of shoreline. swimming, fishing, picnicking, athletic e. Any swimming areas shall be suit - fields or nature trails. This category ably marked off and separated from includes overnight scout, church, YMCA boat traffic areas, and safety equip - or YWCA, Park Reserve and Veterans' ment or supervision shall be provided Association camps. A conditional use as may be required by the council. permit may be issued for an overnight camp, provided the applicant f. Toilet and sanitation facilities, demonstrates and the council finds that including on -site sewage treatment the property is large enough to support systems, shall be provided in the proposed use without adverse effect conformance with state health upon the lake, upon the land or upon department regulations and the neighboring properties, and that extra requirements of section 6.12.2040. private precautions are taken for fire g. All new buildings or structures on protection and for security of persons the property, except accessory and property commensurate with the structures 120 square feet in floor number of users expected on the property, area or smaller, shall be approved as follows: by the council as to size, location a. The minimum dry -buildable record and proposed use prior to issuance lot area required for approval of an of any building permits. overnight camp conditional use h. The property shall be provided with permit shall be 5.0 acres. If the telephone service for emergency use. number of dwelling units exceeds i. All cabins or other structures used five, the minimum lot area required for sleeping purposes shall be shall be increased to maintain a equipped with approved smoke detec- ratio of at least 1.0 acre per dwell- tion devices and with some form of ing unit. For purposes of this sec- manual or automatic fire extinguish- tion, one dwelling unit shall mean ing equipment. up to two developed camping spots for tent camping or each separate j. All assembly buildings having an cabin or structure used for sleeping occupancy load of 50 persons or purposes, whether or not such cabin more shall be equipped with fire or structure includes separate toilet extinguishing equipment consisting or kitchen facilities. of hand-held fire extinguishers and CD6:94 o� M LAND USE either an automatic fire sprinkler system or other means of fire sup- pression equipment as may be approved by the council. k. An emergency preparedness plan shall be required to address fire protection, medical emergency and police public safety services for all times the camp is occupied. 1. All property in common ownership shall be combined into one tax parcel, if contiguous; or, if separated by public rights -of -way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. (5) PRD subdivisions. Planned residential development subdivisions limited to detached one -family seasonal dwellings only, subject to the minimum 5.0 dry - buildable acres per dwelling unit net density otherwise required in the RS district, and subject to the limitations of division 8 of this article. The minimum total land area for a PRD subdivision shall be 20.0 acres. (6) The keeping of domestic animals for noncommercial purposes, including horses for the use of the occupants of the premises. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as set forth in this subsection. A minimum of two acres of open pasture must be available for a single horse, and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture require- ment may be adjusted at the discretion of the council. Such minimum pasture acre- age shall not include wetlands as defined in section 6.12.8110. Any person keeping such animals must comply with the provi- sions of this Code. (Code 1984, §§ 10.20(3), 10.31(3); Code 2003, § 78-565; Ord. No. 28(3rd series), § 13, 8-22- 2005) Sec. 6.12.1960. Accessory uses. § 6.12.1960 Within any RS Seasonal Recreational District, no accessory structure or use of land shall be permitted unless a permitted or conditional use is first established on such land, except as allowed in section 6.12.1940(2). Once a permit- ted or conditional use exists on any lot or parcel, no accessory structure or use of land shall be permitted except for one or more of the following uses: CD6:95 (1) Docks conforming to city and Lake Min- netonka Conservation District regula- tions, not to exceed one slip per 50 feet of shoreline width, or a maximum of four slips per property, whichever is less. An annual joint -use dock license shall be required for any nonresidential dock and/or for any property having more than four slips. The accessory use of a residential or nonresidential private dock shall not include renting space, except to an inland Big Island lot owner. (2) Not more than two accessory buildings used for storage, service or other nonhab- itable purpose. No such individual build- ing shall exceed 1,000 square feet in floor area, and the sum of any two buildings on any record lot shall not exceed 1,500 square feet in floor area without a conditional use permit. Accessory build- ings used as barns or stables shall be subject to this area restriction and to a conditional use permit, including a 150- foot setback from all property lines. (3) Not more than one accessory private guest cabin not to exceed 600 square feet in floor area pursuant to section 6.12.1950(2)f. (4) Open decks, patios, screenhouses or private greenhouses. (5) Private swimming pools, tennis courts, paddocks or athletic fields or equipment. (6) Not more than two toilet buildings or outhouses, which shall conform in loca- tion and design to the requirements of section 6.12.2040. 0 0 Iq § 6.12,1960 ORONO CODE (7) Tents or other temporary structures to way for any purpose is prohibited except be in place not more than 180 days in any when such work has been specifically one year. authorized as part of a permit issued by (8) Open wood or gravel -filled steps, stairways the council. The permit applicant shall or walkways on lakeshore hills or embank- provide a detailed land survey of the ments, limited to not more than four feet right-of-way and appropriate engineer - wide at any point within 75 feet of the ing drawings sufficient to identify the shoreline. Concrete or other solid materi- full extent of all proposed work. Permit als shall constitute hard cover and are approval shall be subject to obtaining a prohibited. grading permit from city staff; and land alterations involving filling and grading (9) Lake water pumphouses which, may be shall be performed with only clean fill, within 75 feet of the shoreline if limited and all other permits as may be required to 20 square feet or less in area and five by other agencies having jurisdiction. feet or less in height, and subject to all Public rights -of -way so improved shall be applicable permits for such use. maintained by the licensee. (10) Fire rings or barbeque pits. (2) Dockage on right -of --way. Installing, (11) Gardens, gardening or other horticultural maintaining, keeping or using a private uses, including apiaries and decorative dock on any platted public right-of-way landscaping. for any purpose, including inland property (12) Fences, not to exceed 42 inches in height, access, is prohibited except when such and no part of which may be located dock has been specifically authorized as within 75 feet of the shoreline. part of a license issued by the council. (13) Home occupations, as defined in this (3) chapter. All home occupations shall comply with the provisions of section 6.12.6810, and the licensing provisions of section 4.04.310, when applicable. (14) New boathouses within 75 feet of the shoreline are specifically prohibited. (Code 1984, §§ 10.20(4), 10.31(4); Code 2003, § 78-566; Ord. No. 221(2nd series), § 3, 9-23- 2002; Ord. No. 93(3rd series), § 5, 6-25-2012; Ord. No. 100(3rd series), § 8, 2-25-2013; Ord. No. 273(3rd series), § 1, 6-13-2022; Ord. No. 284(3rd series), § 2, 11-13-2023) Sec. 6.12.1970. Permit for private improvements within public rights -of -way. It is unlawful for any person to alter, improve or use for private purposes in any RS district any platted public right-of-way, any platted public park, or any other property owned by the city without first obtaining a permit from the council, as follows: (1) Land alterations. Grading or physical alteration of any platted public right-of- CD6:96 Encroachments prohibited. No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right- of-way, within any platted public park, or on any other property owned by the city except as specifically authorized by a permit or license. (4) Permit exceptions. No permit shall be required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted public park to control weeds or brush, seed, sod, mow or otherwise maintain the right-of-way or park in a neat and present- able manner. Persons whose record lot established by section 6.12.1980 consists of tax parcels divided by platted, unopened public right-of-way may incorporate and use such right-of-way as part of their 0 Iq LAND USE § 6.12.1980 yard without a permit, provided no district, the following provisions shall govern the permanent structures are erected or buildability, use and/or subdivision of each exist - maintained within the right-of-way. ing record lot: (5) Public use limited. Any permit issued (1) Record lot definition. For purposes of the under this section shall be deemed to RS Seasonal Recreational District, the open the platted public right-of-way only term "record lot" means all the contigu- to the extent necessary as established in ous or abutting land owned in common the permit, and for the limited use of the by the same person as of November 9, 1981, or at any time such common owner- ship may occur thereafter, including one (6) Permit limitations. A permit or license or more separately platted lots or unplat- issued under this section shall not grant ted parcels of land, and/or one or more or vest any property rights to use of the separately identified tax parcels. Because public right -of --way or other public of the unique circumstances and actual use patterns existing on the islands, also property, or in any improvements. Permits included within the definition of the term or license issued under this section shall "record lot" is commonly owned land that be valid for one year, shall be subject to is contiguous except for being separated change, alteration or revocation for cause only by platted unopened public right -of - by the council at any time, and shall be way. Each record lot shall be considered automatically renewable on the in its entirety to be one lot for zoning anniversary of the date of issuance except purposes. upon written notice from the city to the a. The effective date for determination permittee or licensee at least 30 days of common ownership is November prior to the anniversary date. 9, 1981, the date of adoption of (7) Hold harmless. As a condition of issu- Ordinance No. 238, establishing a ance of any permit or license, the applicant moratorium on development, includ- ing land subdivision, on the Lake shall in writing release, indemnify and Minnetonka Islands. Common hold harmless the city from any and all ownership as of that date has been claims or causes of action arising out of and shall be determined by the deeds the use or alteration of the platted right- of record at the county recorder's of -way by applicant or his invitees. office. This definition shall not (8) Permit hearing and notice. The planning preclude the city from recognizing or enforcing the common ownership/ commission or the council shall hold a lot of record provisions of Ordinance public hearing or hearings on each applica- No. 172, or any other similar prior tion for a permit as required by section ordinance. 6.12.280. (Code 1984, § 10.31(5); Code 2003, § 78-567; Ord. b. The council has identified and No. 210(3rd series), § 12, 6-25-2018; Ord. No. establishes 69 record lots on Big 273(3rd series), § 2, 6-13-2022) Island, Mahpiyata Island and Deer- ing Island as listed by record lot number in subsections (4), (5), (6) Sec. 6.12.1980. Lot area requirements. and (7) of this section. Each such record lot shall include all land Within any RS Seasonal Recreational District, identified by all tax parcel property no new lot or parcel shall be created less than 5.0 identification numbers (PIDs) acres in dry -buildable lot area exclusive of any grouped together following the record wetlands. Within any RS seasonal recreational lot number. CD6:97 N O Re § 6.12.1980 ORONO CODE C. Within 60 days after January 13, more tax parcels unless the owner of 1983, the owner of each record lot such record lot shall apply for a formal shall be notified in writing at his combination of all commonly owned last recorded address of the clas- property into one parcel. If contiguous, sification of each record lot, includ- all property shall be combined into one ing all tax parcels determined to be tax parcel. If separated by public right - included in such record lot. All exist- of -way, a special lot combination form ing uses in the RS district are identi- shall be executed and filed in the chain of fied in the record lot inventory, title of each separate parcel. subsections (4), (5), (6) and (7) of (3) Subdivision of record lots. All record lots this section, and all such uses have established in this section shall be been deemed to be seasonal in continued in common ownership and shall nature. The notice shall provide not be subdivided, sold in parts, reduced that in order to receive the benefits in area, leased or otherwise separated of the automatic lot area variances without application for and council granted by subsections (6) and (8) of approval of a subdivision in accordance this section, the owner shall, on a with chapter 6.20. Such subdivisions will form provided by the city, acknowledge the record lot and shall normally be approved and additional new apply for combination of all separate record lots created only if all resulting tax parcels pursuant to subsection lots are each 5.0 acres of dry -buildable (2) of this section. Any record lot lot area or more. No existing record lot owner may appeal the record lot shall be divided or reduced in area to less classification or use determination than 5.0 acres of dry -buildable lot area, to the council with no application except as follows: fee required within six months of a. Lot line rearrangements between the effective date of this division. abutting properties that do not create The record lot inventory shall be an additional building site will considered accurate and final for all normally be approved. properties except those found on appeal to have a demonstrable cause b. Separation of platted lots divided for change or adjustment. by public rights -of -way may be approved provided the separated lot d. Notice of record lot establishment is combined with other abutting shall be filed by the city in the chain property to enlarge the property of title of each property. without necessarily creating an e. Future changes in tax parcel additional substandard building site. property identification numbers (4) Subdividable record lot inventory. Record caused by combination of parcels for lots 1 through 4 inclusive are established, tax purposes or for any other reason each of which is determined to have a shall not alter the establishment of dry -buildable lot area in excess of 10.0 record lots. New record lots shall be acres per owner. Therefore, each of record created only by council approved lots 1 through 4 inclusive may be subdivisions pursuant to subsection subdivided into two or more lots in (3) of this section, or by combination conformance with the minimum lot area of two or more complete record lots. requirements of this section, subject to (2) Tax parcel combination required. No new subdivision application and approval building permit, variance or conditional pursuant to subsection (3) of this section use permit shall be issued for any purpose and to chapter 6.20. Record lots are on any record lot composed of two or identified by record lot number on the M O (5) (6) (7) LAND USE official record lot map and listing on file with the city clerk, and each includes all property identified thereafter by the listed tax parcel property identification numbers. Conforming record lot inventory. Record lots 1 through 7 inclusive are established, each of which is determined to have a dry -buildable lot area of 5.0 acres or more per owner. Therefore, each of record lots 1 through 7 inclusive are in conformance with the minimum lot area requirements of this section, and may be used for any one -family permitted or conditional use in the RS district, subject to all performance standards and approv- als required, including tax parcel combina- tion pursuant to subsection (2) of this section. Record lots are identified by record lot number on the official record lot map and listing on file with the city clerk, and each includes all property identified thereafter by the listed tax parcel property identification numbers. Substandard buildable record lot inven- tory. Record lots 8 through 62 inclusive are established, each of which is determined to have a dry -buildable lot area of less than 5.0 acres per owner, which lot area is substandard pursuant to the minimum lot area requirements of this section. Record lots 8 through 62 inclusive may be developed only in accordance with section 6.12.320(c). Record lots are identified by record lot number on the official record lot map and listing on file with the city clerk, and each includes all property identified thereafter by the listed tax parcel property identification numbers. Substandard unbuildable record lot inven- tory. Record lots 63 through 70 inclusive are established, each of which is approximately one-third acre in area or smaller, which lot area is too small to accommodate any form of new permanent use without available services such as municipal sewer. One -family seasonal recreational use without structures pursu- ant to section 6.12.1940(2) shall be permit- § 6.12.2000 ted subject to strict compliance with all on -site sewage treatment performance standard requirements for the RS district. Record lots 63 through 70 inclusive may be developed only in accordance with section 6.12.320(c). Record lots are identi- fied by record lot number on the official record lot map and listing on file with the city clerk, and each includes all property identified thereafter by the listed tax parcel property identification numbers. (8) Substandard unbuildable record lot excep- tion. Any new record lot resulting from future combination for ownership and tax purposes of any two or more adjacent record lots listed in subsection (2) of this section with each other and/or with another vacant or undeveloped record lot, which total dry -buildable acreage meets or exceeds one-half acre, will be recognized by the council as a buildable lot as if it had been listed under subsec- tion (6) of this section. Each such new record lot may be developed in accordance with section 6.12.320(c) on the official record lot map and listing on file with the city clerk. (Code 1984, § 10.31(6); Code 2003, § 78-568; Ord. No. 28(3rd series), § 14, 8-22-2005; Ord. No. 92(3rd series), §§ 3-7, 3-26-2012) Sec. 6.12.1990. Lot width requirements. Within any RS seasonal recreational district, no new lot or parcel shall be created less than 200 feet in width measured at the shoreline and at the building site. No existing lot of record shall be reduced by any lot line rearrangement to less than 50 feet in width measured at the shoreline and at the building site. (Code 1984, § 10.31(7); Code 2003, § 78-569) Sec. 6.12.2000. Yard and setback require- ments. Within any RS Seasonal Recreational District, the following yard and setback requirements shall be observed for all new buildings and •• It 0 le § 6.12.2000 structures and for any addition or alteration to any existing building or structure, whether temporary, seasonal or permanent: (1) Minimum setback from lakeshore, all buildings and structures, including decks, fences, retaining walls, wells, on -site sewage treatment systems and land alteration of any kind, 75 feet. (2) Minimum setback from wetlands shall be: a. Wells and sewage treatment systems, 75 feet. b. All buildings and structures, land alteration or hard cover of any kind, shall meet the setback require- ments established within article XI of this chapter. (3) Minimum setback from platted street rights -of -way, all buildings and structures, 30 feet. (4) Minimum setback from internal side or rear property line shall be: a. All buildings and structures on lots 200 feet or more in width, 50 feet. b. All buildings and structures on exist- ing record lots 100 feet or more in width but less than 200 feet in width, 30 feet. All buildings and structures on exist- ing record lots less than 100 feet in width, ten feet. (5) Minimum setback any building to any other, ten feet. (Code 1984, § 10.31(8); Code 2003, § 78-570; Ord. No. 28(3rd series), § 15, 8-22-2005; Ord. No. 222(3rd series), § 18, 12-10-2018) Sec. 6.12.2010. Hardcover regulations. Hardcover in the RS district shall be regulated per the provisions of the stormwater quality overlay district, article XIII of this chapter. Exception: The provisions of section 6.12.9140(1) through (3) regarding proof via calculation of available garage, driveway and sidewalk hardcover shall not be applicable to the RS district. (Code 1984, § 10.31(9); Code 2003, § 78-571; Ord. No. 105(3rd series), § 1, 5-28-2013) Sec. 6.12.2020. Building height. Within any RS Seasonal Recreational District, no structure or building shall exceed 30 feet in height except as provided in section 6.12.6710. (Code 1984, § 10.31(10); Code 2003, § 78-572; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 10, 6-27-2016) Sec. 6.12.2030. Building construction standards. Within any RS Seasonal Recreational District, all new buildings or structures and all additions, repairs, alterations or improvements to existing buildings or structures shall be built in strict conformance with the current edition of the state building code as adopted and amended by the city, and with the following regulations: CD6:100 (1) Foundations required. All new or remod- eled seasonal dwellings or guest cabins and all principal dwellings shall be placed on a permanent frost -depth, solid masonry or treated wood foundation that completely encloses the entire perimeter of the building. (2) Minimum dwelling area required. All new or remodeled dwellings or habitable buildings shall meet or exceed the follow- ing minimum square footage of enclosed floor area on the main floor: a. Tents, screenhouses or other permit- ted accessory structures, no minimum area required. b. Seasonal dwellings or guest cabins, 400 square feet. Principal dwellings, 800 square feet. (3) Minimum dwelling width required. All new or remodeled dwellings or habitable buildings shall be at least 20 feet in width at the narrowest dimension. 0 Iq LAND USE § 6.12.2030 (4) Minimum roof requirements. All new or residential -design automatic fire remodeled dwellings, buildings or sprinkler system; or other means of structures of any kind shall be provided fire suppression equipment as may with a fire -retardant roof covering having be approved by the council. class A or B rating, including treated but e. Every nonresidential building having not untreated wood shakes or shingles, an occupant load of 50 persons or or class C mineral surfaced asphalt more shall be provided with an shingles laid as required in the state automatic fire sprinkler system building code. All new dwellings shall conforming to NFPA Standard No. have a sloped roof of at least 3:12 pitch. 13, current edition, or with other (5) Minimum plumbing requirements. All new fire extinguishing equipment as may or remodeled seasonal dwellings over be approved by the council. 800 square feet in floor area, all guest f. The owner of any building or cabins over 600 square feet in floor area, structure existing and in use, includ- and all principal dwellings shall be ing seasonal use, as of the effective provided with indoor plumbing consist- date of the ordinance from which ing of at least one water closet, one this division is derived, shall have a lavatory, and one kitchen sink, all con- period of two years, not to extend nected to an approved on -site sewage later than January 1, 1985, to comply treatment system conforming to the with the provisions of subsections requirements of section 6.12.2040. (6)b and (6)c of this section, and a (6) Additional fire protection system require- period of five years, not to extend ments. Because of the lack of available later than January 1, 1988, to comply public fire protection services, each with the provisions of subsections property owner shall be required to (6)d and e of this section; except provide additional private fire protection that if any addition, alteration or and life safety systems as follows: repair is undertaken on such build - a. Fire -resistive roof coverings as ing or structure prior to these compli- required by subsection (4) of this ance dates, compliance shall be section. required as a condition of permit issuance for such work. b. All temporary, seasonal or principal dwellings and guest cabins, except (7) Additional building security require - tents, having bedrooms or used as ments. Because of the remote location of sleeping quarters shall be provided the islands, each property owner shall be with approved smoke detection responsible for providing additional devices conforming to state building private security measures for persons code specifications and location and property as follows: requirements. a. Telephone service shall be provided C. Every habitable building or structure at each principal dwelling, at day - shall be provided with at least one use recreation areas, and at approved fire extinguisher labeled overnight camps. for Class A, B and C hazards; and b. All buildings or structures shall be the minimum extinguisher size shall provided with substantial locking be 1A10BC. devices on all doors and windows. d. Every principal dwelling shall be C. Owners of seasonal dwellings or provided with additional fire other buildings are encouraged, but extinguishing equipment, such as a not required, to place solid lockable well, pump and domestic hoseline; a shutters over all ground floor CD6:101 (0 0 Re § 6,12.2030 ORONO CODE windows and doors when the build- 2. Seasonal recreational use of ing is to be unused for any length of land without structures, or with time, and especially over the winter accessory structures only. months. 3. Any other permitted or d. Any abandoned or hazardous build- conditional use only upon ing shall be securely boarded up approval of a variance issued within 60 days and shall be razed by the council. and completely removed within one b. Outhouses shall be dry with no year of any notice issued by the city. water plumbed -in. e. Any intrusion alarm system having C. Outhouses shall be constructed in an audible alarm shall be self- accordance with state pollution resetting. control agency specifications and (Code 1984, § 10.31(11); Code 2003, § 78-573) shall be set over a curbed pit of at least 50 cubic feet capacity. Sec. 6.12.2040. On -site sewage treatment d. Sealed vault -type outhouses shall systems. not be permitted because pump -out Within any RS seasonal recreational district, and sanitary disposal is unfeasible. all lots, properties, buildings and structures e. Outhouses shall be located at least shall be provided with on -site sewage treatment 75 feet from any lakeshore, wetland systems conforming to the requirements of chapter or water well, and at an elevation 5.24, article II, as amended by the following such that the bottom of the pit is at specific exceptions and requirements pertaining least five feet above the level of the to the RS district. lakeshore and/or the level of any (1) Systems not required. Vacant property or adjacent wetland or drainageway. property used solely for one -family f. Existing outhouses not conforming seasonal recreational use of land without to any or all of the requirements of structures, or with accessory structures this subsection (2) shall be only, as permitted by section 6.12.1940(2), abandoned, filled in and the need not be provided with an on -site superstructure removed within five sewage treatment system, provided that years of the effective date of the at any time such property is actually in ordinance from which this section is use by one or more persons for overnight derived, not to be later than Janu- or longer stays an approved marine toilet ary 1, 1988. or portable holding -tank toilet shall be g. It is unlawful for any person to available on the property or within a construct, install or relocate an watercraft docked or moored at the outhouse without first obtaining a property. permit from the city as required for (2) Outhouses permitted. Notwithstanding other on -site systems, except that other prohibition in the on -site sewage outhouse permits may be issued to treatment code (chapter 5.24, article I1), the property owner as well as to outhouses or pit -type toilets may be used licensed contractors. Permit applica- on property in the RS district subject to tions shall specify location, setbacks, the following restrictions: pit design and pit elevation above the water table. All work on a. Outhouses may be used only on outhouses, including construction, property used for: installation, alteration or reloca- 1. Seasonal dwellings of less than tion, shall be subject to inspection 800 square feet in floor area. and approval by the city to ensure CD6:102 LAND USE compliance with the requirements set forth in this subsection (2), including, without limitation, proper design, construction, sanitary setbacks, depth to water table and soil types. (3) Alternate devices. Alternative waste treat- ment devices are permitted in lieu of an outhouse on any property where outhouses are permitted pursuant to subsection (2) of this section, or where otherwise neces- sary to provide toilet waste disposal for an existing dwelling where a conforming outhouse or on -site sewage treatment system cannot be installed. Such devices shall include incinerating devices, com- posting devices or small portable holding - tank toilets which are carried to the mainland for disposal in a sanitary sewer- age system. Alternative systems shall be subject to review and approval by the city. (4) On -site sewage treatments systems required. A complete on -site sewage treat- ment system, including plumbing fixtures, two sealed septic tanks and underground drainfield designed, constructed and maintained in full conformance with the on -site sewage treatment code, is required on all properties in the RS district as follows: a. Serving all structures containing a principal dwelling. b. Serving all properties containing two or more dwellings pursuant to a private guest cabin conditional use permit. C. Serving all seasonal dwellings over 800 square feet in floor area. d. Serving all dwellings, buildings or structures containing a water - activated toilet regardless of the type or duration of use or occupancy. e. Any dwelling, building or structure having running water plumbed inside to any sink, lavatory, tub, shower, or any other plumbing CD6:103 § 6.12.2040 fixture, but not a toilet, shall have a conforming grey -water disposal system, including a septic tank and drainfield connected to such fixture drains. f. Any existing dwelling, building or structure required by one or more of subsections (4)a through e of this section to be connected to an on -site sewage treatment system, but which is not so connected as of the effec- tive date of the ordinance from which this division is derived, or which has an existing system that does not conform to minimum setbacks or other requirements of this divi- sion, shall have a new conforming on -site sewage treatment system installed on or before January 1, 1988. g. All other provisions of chapter 5.24, article II, shall apply to on -site sewage treatment in the RS district, including, without limitation, the requirement for construction permits, construction inspection, and regular maintenance inspections, including payment of the standard annual service charge. (5) Owner's responsibility. It shall be the responsibility of each property owner to demonstrate that the on -site sanitation device or system in use or existing on his property is in conformance with all requirements of this division and chapter 5.24, article II; that the device or system properly treats and/or disposes of the entire sewage input generated on the property; and that the device or system is adequately and properly maintained at all times. If unpermitted nonconforming, mislocated, or failing devices or systems shall be found by the city because of complaint and/or routine inspection, cor- rection orders shall be issued by the building official or on -site manager requir- ing repair, alteration or replacement in strict accordance with the requirements of this division. Failure of any owner to 00 0 Re § 6.12.2040 ORONO CODE obey such a lawful order shall be cause of the city to initiate legal actions including condemnation of all occupancy of the property pursuant to Minn. Stats. §§ 463.15 through 463.261. (Code 1984, § 10.31(12); Code 2003, § 78-574) Sec. 6.12.2050. Garbage removal and sanitation. Within any RS seasonal recreational district, each property owner, occupant or user shall be responsible for packing out and off the islands all garbage, refuse, rubbish, junk, old machinery, parts or debris created or brought onto the island by such person; and for removal of all such materials from all property owned or occupied by such person: (1) It is unlawful for any person to discard, dump, bury, deposit, drop, leave or allow to remain any garbage, refuse, rubbish, junk, old machinery, inoperable or dismantled motor vehicle, parts or debris on any property in any RS district. (2) It is unlawful for any person to burn any garbage, refuse or rubbish on any property in any RS district; except that paper products free from any food residue may be burned in fireplaces, closed containers or incinerators. (Code 1984, § 10.31(13); Code 2003, § 78-575) Sec. 6.12.2060. Open burning prohibited. It is unlawful for any person to start or allow to burn any open fire on any property within any RS district without a permit except for permanent gas or masonry barbeques and as permitted under the Uniform Fire Code. (Code 1984, § 10.31(14); Code 2003, § 78-576) Sec. 6.12.2070. Tree removal regulations. No trees within 75 feet of the shoreline with a diameter of six inches or more shall be removed without first obtaining a permit from the council. (Code 1984, § 10.31(15); Code 2003, § 78-577) Sec. 6.12.2080. Adoption of official record lot map and listing. The official record lot map and listing is adopted. A copy of the map and listing shall be kept on file at all times with the city clerk. (Code 2003, § 78-578; Ord. No. 92(3rd series), § 8, 3-26-2012) Sec. 6.12.2090. Easement for non -riparian lake access. An owner of a riparian lot within the Seasonal Recreational (RS) zoning district may only grant an easement over their riparian, RS zoned property to benefit a non -riparian, RS zoned property for lake access purposes. (Code 2003, § 78-579; Ord. No. 273(3rd series), § 1, 6-13-2022) Division 8. PRD Planned Residential District Sec. 6.12.3010. Purpose. This plan is available to land subdividers subject to council approval, as alternative to standard minimum lot size subdivision of land. The purpose of this plan is to enhance the appearance of neighborhoods through preserva- tion of natural open spaces, to counteract the effects of urban congestion and monotony, to provide cohesive structure to neighborhood design, to offer recreation opportunities close to home, and to aid in improving the welfare in general of city residents. (Code 1984, § 10.32(1); Code 2003, § 78-601) Sec. 6.12.3020. Submission of plans. Landowners may submit land subdivision plans for any R district without adherence to minimum lot size requirements for each building lot, provided that the total number of building lots or dwelling units shall not exceed the number of such lots or units permissible under the minimum lot size requirements of the zoning district or districts in which such land is situated. (Code 1984, § 10.32(2); Code 2003, § 78-602) CD6:104 M 0 Iq LAND USE Sec. 6.12.3030. Council discretion. Dwelling units permitted may be, at the discre- tion of the council and subject to the conditions set forth by the council, in detached, attached or multiple -family dwelling structures, subject to the limitations provided for in each zoning district. (Code 1984, § 10.32(3); Code 2003, § 78-603) Sec. 6.12.3040. Open space. The dedication, ownership, use and maintenance of open spaces created by the applica- tion of a planned residential development shall be subject to conditions deemed necessary by the council to assure the preservation of such open spaces for their intended purposes. (Code 1984, § 10.32(4); Code 2003, § 78-604) Sec. 6.12.3050. Dedication of open space. The dedication and ownership of the open spaces referred to in section 6.12.3040 may be through: (1) Homeowners' association; (2) Landlord maintenance; (3) Special service district; (4) Municipal ownership; or (5) Any other method deemed appropriate by the council to accomplish the purposes of this plan. (Code 1984, § 10.32(5); Code 2003, § 78-605) Sec. 6.12.3060. Site plan. The proposed site plan, including location, spacing and basic design of proposed buildings, street and parking plans, water and sewer (public or private) plans, and plans of open space avail- able for park or recreational purposes shall be submitted for approval by the planning commis- sion and the council. (Code 1984, § 10.32(6); Code 2003, § 78-606) Sec. 6.12.3070. Hearings. The council may direct that a public hearing be held to review plans governed by this division. (Code 1984, § 10.32(7); Code 2003, § 78-607) Sec. 6.12.3080. Final approval. § 6.12.3110 Final approval of plans governed by this divi- sion shall not be granted until all conditions set by the council are met, and, further, the council shall not approve any such planned residential development prior to the legally binding establish- ment of the open space dedication, ownership and maintenance provisions, such provisions to be guaranteed by bonding or other means satisfac- tory to the council. (Code 1984, § 10.32(8); Code 2003, § 78-608) Sec. 6.12.3090. Subdivision requirements. All provisions of subdivision procedure established by chapter 6.20, except as modified in this division, shall govern applications under this plan. (Code 1984, § 10.32(9); Code 2003, § 78-609) Division 9. RPUD Residential Planned Unit Development District Sec. 6.12.3110. Purpose. The purpose of the RPUD Residential Planned Unit Development District is to provide a district which will allow for the implementation of certain residential housing goals established in the 2000- 2020 Orono Community Management Plan (CMP or comprehensive plan). The RPUD district is established to accommodate the densities and types of residential development contemplated in the CMP by incorporating the principles of the planned unit development concept. The RPUD district will encourage the following: (1) Flexibility in land development and redevelopment in order to utilize new techniques of building design, construc- tion and land development; (2) Provision of housing to meet lifecycle, and affordable and moderate cost hous- ing needs; (3) Energy conservation through the use of more efficient building designs and sit- ings and the clustering of buildings and land uses; CD6:105 (4) Preservation of desirable site characteristics and open space and protec- § 6.12.3110 ORONO CODE tion of sensitive environmental features, including steep slopes, poor soils and trees; (5) High quality of design and design compat- ible with surrounding land uses, includ- ing both existing and planned; (6) Sensitive development in transitional areas located between different land uses and along significant corridors within the city; and (7) Development which is consistent with the comprehensive plan. (Code 2003, § 78-621; Ord. No. 202(2nd series), § 1(1), 2-26-2001) Sec. 6.12.3120. Exceptions. This section shall not apply to any residential PUD or PRD which has received preliminary or final approval by the city council prior to the effective date of the ordinance from which this division is derived, unless such application is requested by the property owner and approved by the city council. (Code 2003, § 78-622; Ord. No. 202(2nd series), § 1(9), 2-26-2001) Sec. 6.12.3130. Permitted uses. Within the RPUD district, no structure or land shall be used except for one or more of the following uses: (1) One -family detached dwellings. (2) Publicly owned parks and playgrounds. (3) Municipal buildings. (4) Multifamily attached dwellings only when consistent within the areas of the city designated as urban area in the comprehensive plan. (Code 1984, § 10.20(2); Code 2003, § 78-623; Ord. No. 202(2nd series), § 1(2), 2-26-2001) State law reference —State mandated permitted uses, Minn. Stats, § 462.357, subd. 7. Sec. 6.12.3140. Conditional uses. Within the RPUD district, no land or structure shall be used for the following uses except by conditional use permit: (1) Public service structures. Public service structures, including, but not limited to, electric transmission lines, buildings, such as telephone exchange stations, booster or pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical power substa- tions, provided no building shall be located within 50 feet from any lot line of an abutting lot in an R district. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighbor- hood in which it is to be located and thus will promote the general welfare. Public service structures that have been approved by the city at required public hearings for public improvement projects shall not require a conditional use permit, but such structures shall be subject to all other appropriate standards set forth in this section; amendments to approved plans involving design and/or placement of these structures will require written notice by the city to all affected property owners 14 days prior to the adoption of the amended plans by the council. Personal wireless services and com- mercial broadcasting antennas and towers shall not be considered public service structures. Uses allowed by conditional use permit shall be reviewed for compli- ance with the PUD master development plan and with the applicable conditional use permit standards of this division. Uses allowed by conditional use permit shall also be subject to site and building plan review pursuant to this division. (2) Assisted living facilities. Assisted living facilities as defined in this chapter, subject to the general conditions and multifamily - specific conditions applicable to uses in the RPUD district. (Code 2003, § 78-624; Ord. No. 202(2nd series), § 1(3), 2-26-2001; Ord. No. 75(3rd series), § 1, 7-12-2010) CD6:106 LAND USE § 6.12.3150 Sec. 6.12.3150. Accessory uses. accessory antenna may be Within any RPUD district, the only permitted placed on the roof of any accessory uses and structures are the following: authorized structure on the premises. (1) Private garages and parking space. 4. Location. Accessory antennas (2) Private swimming pools, tennis courts, shall not be located within a and paddocks. required yard or setback area or within drainage or utility (3) Nome occupations, as defined in this easements. Antenna towers chapter. All home occupations shall shall be set back from adjacent comply with the provisions of section lines property lines a horizontal 6.12.6810, and the licensing provisions of distance less than the section 4.04.310, when applicable. maximum height of the (4) Signs, as regulated in this chapter. antenna. (5) Buildings temporarily located for purposes 5. Building permits. A building of constructing on the premises for a permit shall be required for period not to exceed time necessary for the installation of any acces- such constructing. sory antenna requiring a conditional use permit. Build- (6) Gardening and other horticultural uses, ing permit applications shall including aviaries and decorative be accompanied by a site plan landscape features. and structural component data (7) Communication reception/transmission for the accessory antenna, devices as follows: including details of anchoring. The building official must a. Accessory antennas, which shall be approve the plans before instal - limited to radio and television receiv- lation. ing antennas, satellite dishes, TVROs, and amateur shortwave 6. Lightning protection. Each radio transmitting and receiving accessory antenna shall be antennas. Accessory antennas that grounded to protect against are accessory to the principal use of natural lightning strikes in property are permitted accessory conformance with the National uses in all zoning districts, provided Electrical Code as adopted by they meet the following conditions: the city. 1. Height. A ground -mounted 7. Electrical code. Accessory accessory antenna shall not antenna electrical equipment exceed 20 feet in height from and connections shall be ground level. designed and installed in 2. Yards. Accessory antennas shall conformance with the National not be located within the Electrical Code as adopted by required front yard setback, the city. corner side yard setback or 8. Color/content. Accessory anten- side yard setback abutting a nas shall be of a neutral color street. and shall not be used as sig- 3. Roofs. If vegetation or obstruc- nage. tions interfere with satellite b. Amateur shortwave radio antennas signals at a location in any and towers which do not meet the allowable placement area, the conditions for accessory antennas CD6:107 N T § 6.12.3150 may be allow& use permit in provided they conditions: ORONO CODE d with a conditional all zoning districts, meet the following 1. Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. 2. Yards. Amateur shortwave radio antennas and towers shall not be located within a front corner side or side yard. 3. Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and town from the property line. (8) Privately owned buildings to be used for recreational or social purposes, or for use as storage areas for maintenance equip- ment or rubbish. (9) Other uses that are customarily incidental to, and subordinate to, the allowed permit- ted and conditional uses in this district. (Code 1984, § 10.20(4); Code 2003, § 78-625; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 202(2nd series), § 1(4), 2-26-2001; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 106(3rd series), § 12, 6-10-2013) Sec. 6.12.3160. Development standards. Within the RPUD district, all development shall be in compliance with the following: (1) Minimum area; shoreland district limita- tion. Each site proposed for rezoning to RPUD shall have a minimum area of five acres, excluding areas within a designated wetland, floodplain or shoreland district or right-of-way, unless the council finds the existence of one of the following: a. Unusual physical features of the property itself or of the surrounding neighborhood such that develop- CD6:108 ment as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or community. b. The property is directly adjacent to or across a public street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. C. The property is located in an area where the proposed development provides a transition between a com- mercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. d. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district. No property located within 250 feet of the ordinary high-water level (OHWL) of a protected lake or tributary, as defined in article IX of this chapter, shall be rezoned to RPUD. However, for a property that is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the OHWL, the portion located more than 250 feet from the OHWL may be rezoned to RPUD at the discretion of the city council when all other requirements are met. (2) Uses. Each property rezoned to RPUD shall only be used for the use or uses for which the site is designated in the comprehensive plan, except that the city may permit rezoning to RPUD on a site designated for commercial use if the city council finds that such use is in the best interests of the city and is consistent with the requirements of this division. If M T LAND USE a commercial site is to be rezoned to RPUD, the city may forward a copy of the request to the metropolitan council for review. (3) Sewer availability. A site proposed to be rezoned to RPUD with proposed density greater than one unit per two acres must be in the metropolitan urban services area (MUSA) and must be serviced by municipal sewer. (4) Density. Each development in the RPUD district shall have a density within the range specified in the comprehensive plan for the specific site. If the site is not designated in the comprehensive plan for residential use, the appropriate density shall be determined by the city based upon the city council's finding that such density is consistent with the intent of this division and of the comprehensive plan. Developments with proposed densi- ties in excess of the densities contemplated in the comprehensive plan shall be allowed only on properties which are currently zoned and guided for commercial use, in order to maintain the character and integrity of the areas zoned and guided for residential use. (5) Incentives. The city may utilize incen- tives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density (only for properties currently zoned and guided for commercial use) and floor area ratio requirements for developments provid- ing lifecycle housing and affordable and moderate cost housing. Incentives for affordable and moderate cost housing may be approved by the city only after the developer and city have entered into an agreement to ensure that the low and moderate cost units remain available to persons of low and moderate income for at least 20 years. (6) Floor area ratio. Floor area ratios (FARs) shall be limited per the following table: CD6:109 § 6.12.3160 Maximum Comprehensive Plan Floor Area Designation Ratiol Low or medium density 0.5 residential (up to 50 and including 6.0 units per High density residential 1.0 (in excess of 6.0 units per acre) FAR = Total building floor area/total lot area. Individual lots within a development in the RPUD district may exceed these standards as long as the average meets these standards. (7) Development standards for attached and multifamily dwelling structures. Each site rezoned to RPUD and developed for attached or multiple -family dwelling uses shall be subject to the following standards: a. Setbacks and separation of uses. Within the RPUD district the setback for all attached and multifamily dwelling buildings and their acces- sory buildings from any bordering or abutting street line shall be 35 feet for local streets and 50 feet from railroad lines or collector or arterial streets, as designated in the comprehensive plan, except that in no case shall the setback be less than the height of the building. The setback for all buildings from exterior RPUD site lot lines not abutting a public street shall be 35 feet, except that in no case shall the setback be less than the height of the building. Building setbacks from internal public streets shall be determined by the city based on characteristics of the specific RPUD site. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a RPUD site. The setback for parking structures, including decks and ramps, shall be 35 feet from local streets and 50 feet from 14 T § 6.12.3160 ORONO CODE all other street classifications, except that in no case shall the setback be less than the height of the structure. Parking structure setbacks from external lot lines shall be 50 feet or the height of the structure, whichever is greater, when adjacent to residential properties; 35 feet, when adjacent to nonresidential proper- ties. Parking structure setbacks from internal public or private streets shall be determined by the city based on characteristics of the specific RPUD site. Where industrial uses abut developed or platted single- family lots outside the RPUD site, greater exterior building and park- ing setbacks may be required in order to provide effective screening. The city council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may include the use of natural topography or earth berming, existing and proposed plantings and other features, such as roadways and wetlands, which provide separation of uses. Property rezoned to RPUD shall be considered a residential district for purposes of determining building and parking setback requirements on adjacent high density residential, commercial and industrial property outside the RPUD. b. Height limitations. For properties guided for residential use in the comprehensive plan, a building height limit of 30 feet shall apply. For properties currently zoned or guided in the comprehensive plan for commercial use, height may exceed 30 feet but shall not exceed three stories (not including underground parking level) and shall maintain a residential character by incorporating pitched or hipped roof structure. No mansard or flat roofed multiple -family building will be allowed. CD6:110 C. Outside storage limitations. Build- ing materials, recreational vehicles, boats, RV's, snowmobiles, and other items of personal property shall not be stored outside within any site used for attached or multifamily uses. (8) Development standards for single-family detached dwellings in the RPUD district. Each RPUD site developed for single- family detached dwellings at medium density (i.e., densities ranging from one unit per acre to six units per acre) shall be subject to the following standards: a. Permitted locations: in areas of the city where smaller single-family detached dwelling lots will allow for clustering to preserve significant natural features, or in areas where a mixture of higher density attached dwellings and lower density detached single-family dwellings will result in a development that does not exceed the overall guided density. b. Minimum SFR lot size: 15,000 square feet. C. Minimum lot width at the setback line: 90 feet. d. Minimum lot depth: 125 feet. e. Minimum front yard setback: 25 feet on internal streets within the RPUD site. On exterior or through streets a setback of 35 feet must be provided on local streets and a 50-foot setback on collector or arte- rial streets, as defined in the comprehensive plan. f. Minimum side yard setback: ten feet along interior lot lines; 15 feet on lot lines along the exterior of the RPUD site. Side yards abutting streets must meet the minimum front yard setbacks as noted in subsection (8)e of this section. Structures in side yards abutting another residential zoning district T" IV LAND USE § 6.12.3160 shall meet the side yard setback certified site plan to be submitted requirement of the adjacent zoning when applying for a building permit district. to construct a new dwelling or alter g. Rear yard setback: minimum of 40 an existing garage. feet or 20 percent of the depth of the (9) More than one building allowed. More lot, whichever is less. than one building may be placed on one h. Building height: maximum of 30 platted or recorded lot in a RPUD site. feet. (10) Single housing type permitted. Any RPUD i. All dwelling units, including development which involves a single hous- manufactured homes, shall have a ing type shall be permitted, provided depth of at least 20 feet for at least that it is otherwise consistent with the 50 percent of their width. All dwell- objectives of this division and the ing units, including manufactured comprehensive plan. homes, shall have a width of at least (11) private recreational area. Each RPUD 20 feet for at least 50 percent of development shall provide a minimum of their depth. ten percent of the gross project area in j. All dwellings shall have a permanent private recreational uses for project foundation in conformance with the residents. Such area shall be for active or state building code. passive recreational uses suited to the k. Accessory structures shall conform needs of the residents of the project, to the setbacks established for including swimming pools, trails, nature principal structures, except as fol- areas, picnic areas, tot lots and saunas. lows: Private recreational area requirements are in addition to the standard park 1. All accessory structures located dedication requirements. more than ten feet from a principal structure may be (12) Ownership. All property to be included located a minimum of ten feet within a RPUD development shall be from a rear or side lot line under unified ownership or control, or when that line does not abut a subject to such legal restrictions or street right-of-way. covenants as may be necessary to ensure compliance with the approved master 2. No accessory structure shall development plan and final site and build - be located closer to the front ing plan. lot line than the principal structure, regardless of the (13) Signage. Signs shall be restricted to those principal structure setback. which are permitted in a sign plan approved by the city and shall be regulated 1. No accessory structure shall occupy by permanent covenants. more than 30 percent of the side or rear yard in which it is located, nor (14) Landscaping, screening and buffering. exceed 1,000 square feet in area, a. Landscape plan requirements. nor exceed 12 feet in height. Landscape plans shall be prepared m. Off-street parking shall be provided by a landscape architect or other for at least two vehicles for each qualified person acceptable to the single-family dwelling. A suitable city, drawn to the scale of not less location for a garage measuring at than one inch equals 50 feet and least 20 feet by 24 feet without a shall show the following: variance shall be provided and 1. Boundary lines of the property indicated as such on a site plan or with accurate dimensions; CD6:111 cfl § 6.12.3160 ORONO CODE 2. Locations of existing and 6. Planting details illustrating proposed buildings, parking proposed locations of all new lots, roads, trails and other plant material; improvements; 7. Locations and details of other 3. Proposed grading plan with landscape features, including two -foot contour intervals; berms, fences and planter 4. Location, approximate size and boxes; common name of existing trees 8. Details of restoration of and shrubs; disturbed areas, including areas 5. A planting schedule contain- to be sodded and seeded; ing symbols, quantities, 9. Location and details of irriga- common and botanical names, tion systems; and size of plant materials, root condition and special planting 10. Details and cross sections of instructions; all required screening. b. Minimum landscaping requirements. 1. All open areas of a lot which are not used or improved for required parking areas, drives, trails or storage shall be landscaped with a combination of deciduous and coniferous species, including overstory trees, understory trees, shrubs, flowers and ground cover materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table: Minimum Tree and Shrub Requirements Vegetation Type Size Quantity Overstory 2.5-inch bb (caliper) One tree per 1,000 gross square feet of deciduous trees building footprint area or one tree per 40 lineal feet of site perimeter, whichever is greater Coniferous trees 6-foot height bb Minimum of 30 percent of required overstory trees must be coniferous Understory shrubs 3-gal. potted or One shrub per 300 gross square feet of 18-inch building footprint area or one shrub per 30 lineal feet of site perimeter, whichever is greater Ornamental 1.5-inch bb (caliper) Not required; but two ornamental deciduous trees deciduous trees may be substituted for one required overstory deciduous tree (maximum substitution equals 25 percent of required overstory deciduous trees) 2. Credits for existing trees. The city council shall have sole discretion whether credit shall be granted for existing healthy CD6:112 trees. In instances where healthy plant materials of acceptable species exist on a site prior to its development, ti r LAND USE § 6.12.3160 the application of the standards shall be composed of one spe- in this subsection (14)b may be cies. The city shall maintain a adjusted by the city to allow list of prohibited species, which credit for such material, shall not be used for landscap- provided that such adjustment ing. is consistent with the intent of C. Interior parking lot landscaping. this division. 3. A reasonable attempt shall be 1. All parking lots containing over made to preserve as many exist- 100 stalls shall be designed toincorporate ing trees as is practicable and unpaved, incorporate them into the landscaped islands in number site ste plan. and dimension as required by the city. All landscape islands 4. All new overstory trees shall shall contain a minimum of be balled and burlapped or 180 square feet. Islands which moved from the growing site are necessary to promote the by tree spade. Deciduous trees safe and efficient flow of traffic shall have a minimum caliper shall not be subject to the 100- of 2 1/2 inches. Coniferous trees stall standard and shall be shall be a minimum of six feet required by the city when war - in height. Ornamental trees ranted. shall have a minimum caliper 2. Parking lot landscape areas, of 1 1/2inches. including landscape islands, 5. All site areas not covered by shall be reasonably distributed buildings, sidewalks, parking throughout the parking lot area lots, driveways, trails, patios, so as to break up expanses of or similar hardcover shall be paved areas. Parking lot covered with sod or an landscape areas shall be equivalent ground cover provided with deciduous shade approved by the city. This trees, ornamental or evergreen requirement shall not apply to trees, plus ground cover, mulch site areas retained in a natural and/or shrubbery as determined state. appropriate by the planning 6. In order to provide for adequate commission. Parking lot maintenance of landscaped landscape trees shall be areas, an underground provided at the rate of one tree sprinkler system shall be for each 15 surface parking provided as part of each new spaces provided, or major frac- development, except one- and tion thereof. Parking lot two-family dwellings and addi- landscaping shall be contained tions to existing structures in planting beds bordered by a which do not at least equal the raised concrete curb or floor area of the existing equivalent approved by the structure. A sprinkler system planning commission. shall be provided for all d. Maintenance of landscaping. The landscaped areas, except areas owner, tenant and their respective to be preserved in a natural agents shall be jointly and severally state. responsible for the maintenance of 7. Not more than 50 percent of all landscaping in a condition the required number of trees presenting a healthy, neat and CD6:113 § 6.12.3160 ORONO CODE orderly appearance and free from work required at the expense of the refuse and debris. Plants and ground owner and the surety. The city may cover which are required by an allow an extended period of time for approved site or landscape plan, completion of all landscaping, if the and which have died, shall be delay is due to conditions which are replaced within three months of reasonably beyond the control of the notification by the city. However, developer. Extensions, which may the time for compliance may be not exceed nine months, may be extended up to nine months by the granted due to seasonal or weather city in order to allow for seasonal or conditions. When an extension is weather conditions. granted, the city shall require such additional security as it deems e. Retaining walls. Retaining walls appropriate. exceeding four feet in height, and g Screening and buffering. staged walls which cumulatively exceed 16 feet in height or involve 1. The following uses shall be more than four tiers, must be screened or buffered in constructed in accordance with plans accordance with the require - prepared by a registered engineer ments of this section: or landscape architect. (i) Principal buildings and structures and any build- f. Landscaping performance security ing or structure accessory required. When screening, landscap- thereto used for ing or other similar improvements residential uses at a to property are required by this density of greater than division, a letter of credit shall be four units per acre shall supplied by the owner in an amount be buffered from equal to at least 1 1/2 times the value residential lots located in of such screening, landscaping or any R district. other improvements. The letter of (ii) Off-street parking facili- credit shall be conditioned upon ties containing six or more reimbursement of all expenses spaces shall buffered incurred by the city for engineering, from streets located within legal, contracting or other fees in 50 feet. Parking facilities connection with making or complet- h shall be buffered with s ing such improvements. The letter landscape zones. of credit shall be provided prior to the issuance of any building permit (iii) Loading docks shall b and shall be valid for a period of screened from all lot lines time equal to two full growing and public roads. seasons after the date of installa- (iv) Trash storage facilities tion of the landscaping. The city shall be screened from all may accept some other form of lot lines and public roads. security in lieu of a letter of credit (v) Access roads serving in an amount and under such condi- multifamily buildings tions that the city may determine to shall be screened as neces- be appropriate. If construction of sary to eliminate the the project is not completed within impact of vehicle the time prescribed by building headlights shining toward permits and other approvals, the adjacent residential city may, at its option, complete the neighborhoods. CD6:114 LAND USE § 6.12.3160 2. Required screening or buffer- persons acceptable to the city and ing may be achieved with shall show the following for all fences, walls, earth berms, structures other than single-family hedges, or other landscape detached dwellings: materials. All walls and fences 1. Elevations of all sides of the shall be architecturally building. harmonious with the principal building. Earth berms shall 2. Type and color of exterior build - not exceed a slope of 3:1. The ing materials. screen shall be designed to 3. A typical floor plan. employ materials which provide 4. Dimensions of all structures. an effective visual barrier 5. The location of trash and during all seasons. recycling containers and of 3. All required screening or buffer- heating, ventilation and air ing shall be located on the lot conditioning equipment. occupied by the use, building, b. Unadorned prestressed concrete facility or structure to be panels, concrete block and unfinished screened. No screening or buffering shall be located on metal shall not be permitted as any public right -of --way or exterior materials for residential within eight feet of the tray- principal and accessory buildings. eled portion of any street or This restriction shall apply to all highway. principal structures and to all acces- sory. buildings. The city may, at its 4. Screening or buffering required discretion, allow architecturally by this subsection (14) shall be enhanced block or concrete panels. of a height needed to accomplish the goals of this subsection C. Accessory buildings shall be (14). Screening methods architecturally compatible with incorporating roofs over stor- principal structures, age, trash or mechanical facili- d. All rooftop or ground -mounted ties to screen from higher mechanical equipment and exterior adjacent properties or build- trash and recycling storage areas ings may be required. Height shall be fully enclosed or screened of plantings required under this so as to be not visible with materi- subsection (14) shall be als compatible with the principal measured at the time of instal- structure. lation. e. Underground utilities shall be (15) Architectural standards. provided for all new and a. It is not the intent of the city to substantially renovated structures restrict design freedom unduly when (the term "substantially renovated" reviewing project architecture in con- shall mean when the renovations nection with a site and building exceed 30 percent of the prerenova- plan. However, it is in the best tion value of the structure). interest of the city to promote high (16) Flexibility. The uniqueness of each RPUD standards of architectural design requires that specifications and standards and compatibility with surrounding for streets, utilities, public facilities and structures and neighborhoods. subdivisions may be subject to modifica- Architectural plans shall be prepared tion from the city ordinances ordinarily by an architect or other qualified governing them. The city council may CD6:115 0 N le § 6.12.3160 ORONO CODE therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifica- tions or ordinance requirements, if it finds that strict adherence to such standards or requirements is not required to meet the intent of this section or to protect the health, safety or welfare of the residents of the RPUD, the surround- ing area or the city as a whole. (17) Traffic studies. The city may require a traffic analysis to be prepared by a registered traffic engineer approved by the city to assess potential traffic impacts on local streets. If impacts on service levels of roadways and intersections are anticipated, the project will be approved only contingent upon a traffic manage- ment plan that adequately mitigates those impacts. The plan may include travel demand management strategies, use of transit facilities or other appropriate measures to reduce traffic generation, and necessary improvements to road systems. The developer shall have the responsibility to install all necessary road system improvements. (18) Building permits. No building or other permit shall be issued for any work on property included within a proposed or approved RPUD development, nor shall any work occur unless such work is in compliance with the proposed or approved RPUD development. (19) General regulations applicability. The requirements contained in this division pertaining to general regulations for residential districts and performance standards shall apply to a RPUD develop- ment as deemed appropriate by the city. (20) Lighting standards. All RPUD develop- ments shall be subject to the general performance standards for lighting in this chapter. (21) Trails. When any portion of the project is within 1,000 feet of a public trail system, pedestrian access shall be provided to the trail system by means of a public trail constructed at the developer's expense. Where public rights -of -way are available, at the city's discretion the trail may utilize the public right-of-way. Trails shall be of bituminous construction, or such other material as may be approved by the city and shall be not less than eight feet in width. (Code 2003, § 78-626; Ord. No. 202(2nd series), § 1(5), 2-26-2001; Ord. No. 94(3rd series), § 2, 9-24-2012; Ord. No. 189(3rd series), § 6, 4-10- 2017) Sec. 6.12.3170. Review of application; procedures. CD6:116 (a) Concept plan review. (1) In order to receive guidance in the design of a RPUD prior to submission of a formal application, an applicant may submit a concept plan for review and comment by the planning commission and city council. Submission of a concept plan is optional but is highly recom- mended for large RPUDs. In order for the review to be of most help to the applicant, the concept plan should contain such specific information as is suggested by the city. Generally, this information should include the following: a. Approximate building, road and trail locations; b. Height, bulk and square footage of buildings; C. Type and square footage of specific land uses; d. Number of dwelling units; e. Generalized grading plan showing areas to be cut, filled and preserved; and f. Staging and timing of the develop- ment. (2) The comments of the planning commis- sion and city council shall address the consistency of the concept plan with this section. The comments of the planning commission and city council shall be for guidance only and, if positive, shall not r N 14* LAND USE be considered binding upon the planning commission or city council regarding approval of the formal RPUD application when submitted. (b) Master development plan and rezoning. (1) Approval of a rezoning to RPUD and approval of a master development plan shall be subject to the procedures outlined in this chapter for a zoning map amend- ment. The master development plan shall contain the following: a. Building location, height, bulk and square footage; b. Type and square footage of specific land uses; C. Number of dwelling units; d. Detailed street and utility locations and sizes; e. Parking layout; f. Drainage plan, including location and size of pipes and water storage areas; g. Grading plan and drainage plan, including two -foot contours; h. Generalized landscape plan; i. Generalized plan for uniform signs and lighting; j. Plan for timing and phasing of the development; k. Covenants or other restrictions proposed for the regulation of the development; 1. Renderings or elevations of all sides of buildings to be constructed in the first phase of the development; in. Trail plan; and n. Lighting plan. (2) Approval of the master development plan shall indicate approval of the listed items in this subsection and shall occur in conjunction with rezoning of the property to RPUD. After rezoning the property to RPUD, nothing shall be constructed on the RPUD site except in conformance § 6.12.3170 with the approved plans and this section. The procedure for notification of and public hearing on the master develop- ment plan shall be the same as required for a zoning map amendment by this chapter. (c) Development agreement / financial guarantee. Following the approval of the master development plan but prior to final plan approval, the applicant shall enter into an agreement with the city relating to the terms of the RPUD development, and shall also provide such financial guarantees as the city requires or deems neces- sary. Such agreement may take the form of: (1) A development contract; (2) A site improvement performance agree- ment; and/or (3) Another form of binding instrument as may be required by the city. (d) Final site and building plan. Approval of a final site and building plan for the entire RPUD or for specific parts of the RPUD shall be subject to the procedures outlined in this division. The final site and building plan shall contain informa- tion as required by the city, including the follow- ing: CD6:117 (1) Detailed utility, street, grading and drain- age plans; (2) Detailed building elevations and floor plans; (3) Detailed landscaping, sign and lighting plans; and (4) Detailed trail plan. (e) Substantial compliance. (1) The final site and building plan shall be in substantial compliance with the approved master development plan. Substantial compliance shall mean: a. Buildings, parking areas, roads and trails are in substantially the same location as previously approved; N N § 6.12.3170 ORONO CODE b. The number of residential living C. Creation of compatible relation - units has not increased or decreased ships between buildings and open from that approved in the master spaces both on the site and adjacent development plan; to it, incorporating natural site C. The gross floor area of any individual features and with existing and future building has not been increased from buildings having a visual relation - that approved in the master develop- ship to the development, giving ment plan; special attention to: d. There has been no increase in the 1. An internal sense of order for number of stories in any building; the buildings and uses on the e. Open space has not been decreased site and provision of a desir- or altered to change its original able environment for occupants, design or intended use; and visitors and the general com- munity. f. All special conditions required on the master development plan by the 2. The amount and location of city have been incorporated into the open space and landscaping. final site and building plan. 3. Materials, textures, colors and (2) Approval of a final site and building plan details of construction as an shall signify approval of all plans neces- expression of the design concept sary prior to application for a building and the compatibility of the permit, subject to conformance with any same with the adjacent and conditions on the approval and subject to neighboring structures and other necessary approvals by the city. uses; and vehicular and pedestrian circulation, includ- (f) Simultaneous review. Applicants may ing walkways, interior drives combine the final site and building plan review and parking in terms of loca- with the master development plan review by tion and number access points submitting all information required for both to the public streets, width of stages simultaneously. interior drives and access (g) Basis for approval; conditions. points, general interior circula- (1) In evaluating a site and building plan, tion, separation of pedestrian the planning commission and city council and vehicular traffic and shall base their recommendations and arrangement and amount of actions regarding approval of a RPUD on parking. a consideration of the following: d. Promotion of energy conservation a. Compatibility of the proposed plan through design, location, orienta- with this section and consistency tion and elevation of structures, the with the goals, policies, and obj ec- use and location of glass in structures tives of the comprehensive plan and and the use of landscape materials surface water management plan; and site grading; b. Preservation of the site in its natural e. Protection of adjacent and neighbor - state to the greatest extent ing properties through reasonable practicable by minimizing tree and provisions for surface water drain - soil removal and designing grade age, sound and sight buffers, changes to be in keeping with the preservation of views, light and air general character and appearance and those aspects of design not of neighboring properties; adequately covered by other regula- CD6:118 M N Iq LAND USE tions which may have substantial effects on neighboring land uses; and f. Such other factors as the planning commission or city council deem relevant. (2) The planning commission and city council may attach such conditions to their actions as they shall determine necessary or convenient to better accomplish the purposes of this section. (Code 2003, § 78-627; Ord. No. 202(2nd series), § 1(6), 2-26-2001) Sec. 6.12.3180. Term of approval. (a) If application has not been made for a final site and building plan approval pursuant to the approved master development plan for all or a part of the property within a RPUD by December 31 of the year following the date on which the RPUD zoning map amendment became effective or, if within that period no extension of time has been granted, the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of a rezoning, the approved master development plan shall remain the legal control governing development of the property included within the RPUD. (b) If construction on the property included within an approved final site and building plan has not started by December 31 of the year following the date on which such final site and building plan was approved or, if building construc- tion in a phase of a RPUD approved to be built in phases has not started within this period, or, if within that period no extension of the time has been granted, the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of rezoning, the approved master development § 6.12.3210 plan and final site and building plan shall remain the legal control governing development of the property included within the RPUD. (Code 2003, § 78-628; Ord. No. 202(2nd series), § 1(7), 2-26-2001) Sec. 6.12.3190. Amendments. (a) Major amendments to an approved master development plan may be approved by the city council after review by the planning commission. The notification and public hearing procedure for such amendment shall be the same as for approval of the original RPUD. A major amend- ment is any amendment which: (1) Substantially alters the location of build- ings, parking areas or roads; (2) Increases or decreases the number of residential dwelling units; (3) Increases the gross floor area of any individual building; (4) Increases the number of stories of any building; (5) Decreases the amount of open space or alters it in such a way as to change its original design or intended use; or (6) Creates noncompliance with any special condition attached to the approval of the master development plan. (b) Any other amendment may be made through review and approval by a simple major- ity vote of the council. (Code 2003, § 78-629; Ord. No. 202(2nd series), § 1(8), 2-26-2001) Division 10. B-1 Retail Sales Business District Sec. 6.12.3210. Purpose. The B-1 Retail Sales Business District is intended to provide a district for businesses that supply commodities or perform a service primar- ily for residents in the surrounding neighbor- hood. The district may adjoin residential districts or other business districts which are subject to CD6:119 14 N I* § 6.12.3210 ORONO CODE more restrictive controls. The district shall have immediate access to adequate highways and public sanitary sewer. (Code 1984, § 10.40(1); Code 2003, § 78-641) Sec. 6.12.3220. Site plan review. All site plan reviews in any B-1 Retail Sales Business District shall be reviewed as set forth in article II, division 4 of this chapter. (Code 1984, § 10.40(2); Code 2003, § 78-642; Ord. No. 68(3rd series), § 4, 2-8-2010) Sec. 6.12.3230. Permitted uses. Within any B-1 Retail Sales Business District, no structure or land shall be used except for one of the following uses or uses deemed similar by the council: (1) Retail and service businesses. The follow- ing neighborhood retail sales and service businesses supplying commodities or performing a service primarily for residents in the surrounding neighbor- hood: a. Arts and school supplies store. b. Banks and insurance companies. C. Barbershops and beauty shops. d. Bicycle sales and repair. e. Books, magazines, record shop. f. Drugs, candy, ice cream, soft drinks, cosmetics and other usual drugstore merchandise. g. Dry cleaning and laundry pickup stations, including incidental press- ing and repair. h. Garden supplies, florist shop. i. Gift or antique shops. j. Hardware store, paint store. k. Hobby shops, camera and photographic supply stores. 1. Jewelry shops and repair. in. Laundromats. n. Locksmith. o. Music, radio, TV, appliance sales and repair stores. p. Newsstands. q. Office supply store, office machine store. r. Pet shop. S. Pipe and tobacco shops. t. Plumbing, electrical, heating, housewares, furniture, carpet store. U. Postal substation. V. Real estate sales. W. Retail food of all varieties and home supplies. X. Sewing center and yard goods. y. Sporting goods store. Z. Tailor shops. aa. Temporary sales, such as Christmas tree lots. bb. Travel bureau. cc. Variety store. dd. Wearing apparel store, shoe store. ee. Off -sale liquor store. ff. Home and garden equipment rental. gg. Massage therapy centers. hh. Cannabis retail businesses located not closer than 1,000 feet of a school or 500 feet of a day care, a residential treatment facility, or an attraction within a public park that is regularly used by minors. (2) Municipal buildings. Municipal build- ings where the use conducted is customar- ily considered to be an office use. (Code 1984, § 10.40(3); Code 2003, § 78-643; Ord. No. 152(2nd series), § 1, 10-28-1996; Ord. No. 72(3rd series), § 1, 6-26-2010; Ord. No. 306(3rd series), § 2, 11-12-2024) Sec. 6.12.3240. Conditional uses. Within the B-1 Retail Sales Business District, no structure or land shall be used for one of the following uses without a conditional use permit: (1) Garages for the servicing and repair of automobiles, provided repair functions are totally enclosed in a building. CD6:120 N Iq LAND USE § 6.12.3250 (2) Motor fuel stations subject to the provi- (11) Dog boarding. sions set forth in section 6.12.6780. (3) Restaurant (Class I), in which food is (12) Dog day care. served to customers while seated at (13) Dog grooming. counter or table, or cafeteria, in which (Code 1984, § 10.40(4); Code 2003, § 78-644; Ord. food is selected by a customer while No. 161(2nd series), § 8, 6-7-1997; Ord. No. going through a line and taken to a table 183(2nd series), §§ 1, 2, 2-22-1999; Ord. No. for consumption. Neither live entertain- 47(3rd series), § 3, 7-28-2008; Ord. No. 156(3rd ment nor intoxicating liquor sales are series), § 2, 8-10-2015; Ord. No. 160(3rd series), permitted in Class I restaurants. § 1, 11-9-2015) (4) Restaurant (Class II), i.e., a fast food, convenience, drive-in, or liquor store Sec. 6.12.3250. Accessory uses. restaurant, which is a restaurant where a majority of customers order and are Within any B-1 Retail Sales Business District, served their food to be consumed at a the only permitted accessory uses and structures counter in packages prepared to leave are the following: the premises; or a drive-in where most customers consume their food in an (1) Private garages, off-street parking and automobile regardless of how it is served, loading spaces, as regulated in this or restaurants which serve intoxicating chapter. liquor or have live entertainment. (5) Off-street parking when the principal (2) Signs, as regulated in this chapter. site of the off-street parking abuts on a (3) Buildings temporarily located for purposes lot which is another B or I district and is of construction on the premises for a in the same ownership as the land in the period not to exceed time necessary to B or I district and subject to those condi- complete the construction. tions as set forth in article X, division 5 of this chapter and such other conditions (4) Decorative landscape features. as found necessary by the council. (6) Public service structures, including, but (5) Fences, as regulated in this chapter. not limited to, electric transmission lines (6) Any incidental repair or processing neces- and buildings, such as telephone exchange sary to conduct a permitted principal stations, booster or pressure stations, use, provided that the incidental use elevated tanks, lift stations and electric shall not exceed 30 percent of the floor power substations. Personal wireless space of the principal building. service and commercial broadcasting antennas and towers shall not be (7) Public telephone booths. considered public service structures. (7) Day nurseries, provided not less than 50 (8) Communication reception/transmission square feet of outside play area per pupil devices. is available and fenced. a. Accessory antennas. Accessory anten- (8) Professional office and offices of a general nas shall be limited to radio and nature. television receiving antennas, satel- (9) Commercial recreation subject to the lite dishes, TVROs, and amateur provisions set forth in section 6.12.4190. shortwave radio transmitting andreceiving antennas. Accessory anten- (10) Clinics for human care on an out -patient nas that are accessory to the basis only. principal use of the property are CD6:121 W N le § 6,12.3250 ORONO CODE permitted accessory uses in all conformance with the National zoning districts, provided they meet Electrical Code as adopted by the following conditions: the city. 1. Height. A ground mounted 7. Electrical code. Accessory accessory antenna shall not antenna electrical equipment exceed 20 feet in height from and connections shall be ground level. designed and installed in 2. Yards. Accessory antennas shall conformance with the National not be located within the Electrical Code as adopted by required front yard setback, the city. corner side yard setback or 8. Color/content. Accessory anten- side yard setback abutting a nas shall be of a neutral color street. and shall not be used as sig- 3. Roofs. If vegetation or obstruc- nage. tions interfere with satellite signals at a location in any b. Amateur shortwave radio antennas allowable placement area, the and towers. Amateur shortwave radio accessory antenna may be antennas and fowlers which do not placed on the roof of any meet the conditions for accessory authorized structure on the antennas, may be allowed with a premises. conditional use permit in all zoning districts provided they meet the fol- 4. Setback. Accessory antennas lowing conditions: shall not be located within a required yard or setback area 1. Height. When an amateur or within drainage or utility shortwave radio antenna is easements. Antenna towers mounted on an antenna tower, shall be set back from adjacent the total height of the antenna property lines a horizontal and tower shall not exceed 65 distance no less than the feet. maximum height of the 2. Yards. Amateur shortwave antenna. radio antennas and towers shall 5. Building permits. A building not be located within a front, permit shall be required for corner side or side yard. the installation of any acces- 3. Setbacks. Amateur shortwave sory antenna requiring a radio antennas and towers shall conditional use permit. Build- not be located within any ing permit applications shall required setback area and shall be accompanied by a site plan be located no less than the and structural component data for the accessory antenna, height of the antenna and tower including details of anchoring. from the property line. The building official must (9) Other uses that are customarily incidental approve the plans before instal- to, and subordinate to, the allowed permit- lation. ted and conditional uses in this district. 6. Lighting protection. Each acces- (Code 1984, § 10.40(5); Code 2003, § 78-645; Ord. sory antenna shall be grounded No. 161(2nd series), § 8, 6-7-1997; Ord. No. to protect against natural 183(2nd series), § 3, 2-22-1999; Ord. No. 106(3rd lightning strikes in series), § 13, 6-10-2013) CD6:122 ti N le § 6.12.3310 ORONO CODE ascribed to them in this section, except where the context clearly indicates a different meaning: Charter boat means a watercraft carrying passengers for hire on Lake Minnetonka and which is required to hold a certificate of registra- tion from the Lake Minnetonka Conservation District. Marina business means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 Lakeshore Business District. (Code 1984, § 10.41(2); Code 2003, § 78-661; Ord. No. 132(2nd series), § 2, 1-23-1995) Sec. 6.12.3320. Purpose. The B-2 Lakeshore Business District was originally intended to provide areas where limited commercial businesses could be located to service boats used for recreational purposes on Lake Minnetonka. However, many of the operators of the lakeshore businesses have stripped the trees and vegetation from the shorelands and have expanded the operations so that now the B-2 Lakeshore Business District adversely affect the lake water quality and the real estate values of adjoining properties. The purpose of this divi- sion is to provide regulation of these businesses in a manner that will ensure protection of adjacent residential properties which have previously suf- fered from the unregulated expansion of com- mercial activities, while protecting and enhancing the quality of the lake and shoreland environ- ment. (Code 1984, § 10.41(1); Code 2003, § 78-662; Ord. No. 132(2nd series), § 2, 1-23-1995) Sec. 6.12.3330. Site plan review. All site plan reviews in the B-2 Lakeshore Business District shall be reviewed as set forth in article Il, division 4 of this chapter. (Code 1984, § 10.41(4); Code 2003, § 78-664; Ord. No. 132(2nd series), § 2, 1-23-1995; Ord. No. 68(3rd series), § 5, 2-8-2010) Sec. 6.12.3340. Permitted uses. Within the B-2 Lakeshore Business District, no land or structure shall be used except for one or more of the following uses: (1) Rental of in -water boat slips. (2) Sales of boats, motors, trailers and marine accessories. (3) Repair and servicing of boats. (4) On -land storage of boats, winter and summer. (5) Marine fuel sales. (6) Bait and fishing tackle sales. (Code 1984, § 10.41(5); Code 2003, § 78-665; Ord. No. 132(2nd series), § 2, 1-23-1995) Sec. 6.12.3350. Conditional uses. No conditional use permit shall be granted unless the property is found to be in compliance with the landscaping and screening require- ments of this division. All conditional use permit applications shall be reviewed in accordance with the provisions of article V of this chapter. Within any B-2 Lakeshore Business District, no structure or land shall be used for the following uses without a conditional use permit: (1) Boat clubs (time share). The applicant shall demonstrate that adequate parking is available on the site. (2) Public boat launching, on -demand (on - demand launching of customer -owned boats stored on the business site). The applicant shall demonstrate that adequate parking is available on the site. Approval shall be subject to Lake Minnetonka Conservation District (LMCD) permit for such use, but the city shall not be obligated to approve such use if approved by the LMCD when parking is inadequate. (3) Public boat launching, transient. (Launch- ing of boats via a ramp or other means for or by customers when such boats are not stored on the site). The applicant shall demonstrate that adequate car- CD6:124 00 N Iq LAND USE trailer parking is available on the site. Hours of operation shall be at council discretion. (4) Charter boat port of call. A charter boat port of call shall be defined as a location where a charter boat may pick up pas- sengers other than the owner or operator or employees of the charter boat, whether or not the charter boat is normally berthed on the property. The city may place appropriate conditions on a charter boat port of call regarding minimum parking requirements, hours of operation, etc., as may be appropriate to protect public interest. The applicant shall demonstrate to the council that all such conditions are met. (5) One caretaker dwelling unit, subject to conditions and limitations for such use that may be imposed by the city council. (Code 1984, § 10.41(7); Code 2003, § 78-666; Ord. No. 132(2nd series), § 2, 1-23-1995) Sec. 6.12.3360. Accessory uses. Within any B-2 Lakeshore Business District, the only permitted accessory uses and structures are the following: (1) Signs, as regulated in this chapter. (2) Boat head pumpout/sanitary boat waste dumping facility. (3) Fishing tournaments, subject to all other permit requirements of this Code. (4) Sale of prepackaged foods or food from vending machines. Prepackaged food includes only food which has been profes- sionally prepared at a location other than on the premises and does not include full -course meals or any food preparation other than warming by use of an infrared or microwave oven. Sale of food from vending machines is allowed. (5) Dive shops. (6) Clubhouse (assembly/lounge/kitchenette area for use by slip rental or boat club customers only). (7) Lessons/teaching (sailing schools, etc.). § 6.12.3370 (8) Rental of boats. (9) Sailboard sales/rental. (10) Ice boating sales/rental/service and opera- tions base. (11) Ice fishing tackle sales. (12) Cross-country ski sales/rental/service. (13) Other uses that are customarily incidental to, and subordinate to, the allowed permit- ted and conditional uses in this district. (Code 1984, § 10.41(6); Code 2003, § 78-667; Ord. No. 132(2nd series), § 2, 1-23-1995; Ord. No. 106(3rd series), § 14, 6-10-2013) Sec. 6.12.3370. Parking requirements. Within the B-2 Lakeshore Business District, the off-street parking facilities shall be sufficient to eliminate any traffic or parking congestion likely to be caused by the business conducted. The parking areas need not be paved but shall be provided with appropriate stormwater runoff quality/quantity controls as may be required in this division. The minimum parking require- ments shall be as follows: (1) Six parking spaces shall be provided for each ten boat slips on water or on land. (2) At least eight off-street parking spaces, plus one additional space for each 800 square feet of floor area over 1,000 feet, including warehousing, and all outside sales and storage areas related to the sales and service functions. (3) If the proposed use is to include the launching of boats owned by the public for the day from trailers (i.e., public boat launching, transient), ten additional auto - trailer parking spaces shall be provided for each ramp. (4) If the proposed use is to include a charter boat port of call, one additional parking space for each three seats of gross charter capacity shall be provided, or a plan for off -site parking and shuttle service shall be provided to the city subject to council approval. CD6:125 0 N Re § 6.12.3370 ORONO CODE (5) The required parking spaces may not be Sec. 6.12.3390. Landscaping areas. separated by a public roadway from the In addition to the landscaping required in the dock, a storage space, mooring space, required yard areas for the B-2 district, the floor space or ramp they are designed to following landscaping areas shall be landscaped serve. in accordance with the following provisions: (6) Required off-street parking space may (1) The minimum landscaping areas shall be not be utilized for open storage of goods as follows: or for the storage of boats; except that a. The lakeshore landscaping area shall during the winter storage season each be an area that is parallel to the year, the required off-street parking may entire lakeshore adjacent to the be used for winter storage of boats, licensed marina operation and equal provided that 20 percent of the required to ten percent of the average lot parking spaces remain as a functional depth, but in no case shall it be less parking area. During the transition than ten feet nor more than 75 feet. seasons (April 15 to May 31 and Breaks in the landscaping area for September 16 to November 15), adequate access to the lake shall not exceed parking shall be maintained on the site, an aggregate width of 30 feet for sufficient to eliminate traffic or parking each marina operation. congestion; but in no case shall parking be reduced to less than 20 percent of the b. Side yard landscaping area shall be required spaces. an area that is parallel to the side lot line and not within the lake- (7) Parking may not be allowed in any shore landscaping area or front yard required yard or landscaping area. landscaping area and shall not be less than ten feet deep. (8) Employee parking spaces shall be in C. Front yard landscaping area shall addition to the parking spaces required in subsections (1) through (7) of this be an area that is parallel to the section. The number of employee park- street or opposite the Lakeshore ing spaces shall be designated on an landscaping area and shall not be official parking plan to be kept on file less than ten feet deep. Breaks in with the city. the landscaping area for access to the public road shall not exceed an (9) Where these minimum parking require- aggregate width of 50 feet for each ments prove to be inadequate for a given marina operation. use, additional parking may be required (2) The detailed landscape plan for each in order to continue that use. landscaping area shall provide for a (Code 1984, § 10.41(8); Code 2003, § 78-668; Ord. natural woods area containing primarily No. 132(2nd series), § 2, 1-23-1995) evergreen and deciduous trees not less than six feet in height. Shrubs not less Sec. 6.12.3380. Yards. than two feet in height shall be interdis- persed among the trees so as to eventu- The minimum required yard areas for the B-2 ally provide, at maturity, a natural screen district shall be landscaped and planted with that will not be less than 50 percent evergreen and deciduous shrubs and trees in opaque during the summer months. No accordance with a detailed landscape plan. Stor- uses shall be allowed in the landscaping age of boats, vehicles, equipment and materials area except the required landscaping and shall not be allowed within any required yard. access roads. A privacy fence may be (Code 1984, § 10.41(9); Code 2003, § 78-669; Ord. required in addition to the natural No. 132(2nd series), § 2, 1-23-1995) landscaping which has been planted to CD6:126 0 M LAND USE meet the requirements of this district. The use of any fencing shall not satisfy the requirements of providing natural landscaping and solid visual screening. Any yard area requiring landscaping to meet the requirements of this district shall be planted with nursery stock, balled and bagged trees and shrubs. All landscaping shall be maintained in a healthy growing condition. (3) All the required improvements in the landscaping will be completed prior to the date of issuance of an occupancy certificate or as otherwise provided by this division, whichever date occurs first. (4) All landscape areas shall be sufficiently delineated by berming, curbing or other acceptable physical barrier so as to eliminate the encroachment of vehicle parking, winter and summer boat stor- age, and other materials or equipment storage into the required landscape areas. (5) All ground cover in the required landscap- ing areas shall be natural living materi- als, such as grass or other planted ground cover. Decorative rock beds and the like, whether or not lined with plastic, fabric or other weed inhibitors, shall constitute no more than ten percent of the required landscape areas. (Code 1984, § 10.41(10); Code 2003, § 78-670; Ord. No. 132(2nd series), § 2, 1-23-1995) Sec. 6.12.3400. Additional performance standards. Within the B-2 Lakeshore Business District, any land use must meet the following performance standards: (1) Suitable sanitary facilities connected to public sanitary sewer shall be provided on the premises for men and women, and, further, suitable facilities shall be provided for the disposal of wastes accumulated in boats docked or serviced at the marina, including head pumpout facilities and a designated porta-potty dump station. § 6.12.3400 (2) Insofar as practicable, all means of access to the operation from any street shall be so located and designed as to avoid the routing of vehicles from the property over streets that primarily serve abut- ting residential areas. All access roads from the operation to any public paved roadway shall be paved for a distance of at least 30 feet adjacent to the public roadway to minimize dust and noise condi- tions. All access roads from the operation to any unpaved public roadway shall be treated to minimize dust conditions at least to the extent the unpaved public roadway is dust controlled. (3) All lighting on the premises shall be shielded so that no direct glare can be seen from adjoining residences, from the lake or from the roadway. (4) The hours for running engines or operat- ing any boat engine for the purpose of charging batteries, running auxiliary equipment or testing shall be between the hours of 8:00 a.m. and 6:00 p.m. Noise shall be limited per the provisions of this chapter. (5) The maximum hours of operation for retail sales and service functions shall be 7:00 a.m. to 10:00 p.m., except as neces- sary to support normal (nontournament) fishing activity or private (noncharter) use of the boats stored on the premises, unless other permission is specifically granted by the council. (6) Persons in charge shall at all times keep the docks, sea walls and premises in a neat and orderly manner and free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds. (7) Persons in charge shall prohibit the dump- ing or throwing of garbage, paper, bottles, cans, refuse or debris into waterway. Persons in charge of mooring areas shall provide garbage cans of sufficient size to hold garbage or refuse to be collected. Dumpsters shall be screened so as to not be visible off -site. CD6:127 T M Re § 6.12.3400 (8) (9) ORONO CODE No commercial docks or boat buoys shall extend further into the waters of any lake than is reasonably necessary to accommodate the docking and mooring of such craft as shall customarily and law- fully be used on the lake or so as to interfere with, obstruct, tend to obstruct, or render dangerous for use or passage a body of water within the primary harbor limits of the city. The length of docks and the location of buoys shall be regulated by this Code. All such commercial docks and wharves shall be constructed and maintained of such materials and of such type of construction as will not render them unsafe or likely to endanger public enjoyment of the waters. The use of nonencased expanded -bead polystyrene foam as a dock flotation material has been prohibited. Commercial docks shall be maintained in a neat and orderly manner at all times. If on -land boat storage facilities are provided, the boats shall be stored in such manner that they do not create a fire hazard. Any outside structures for the purpose of storage of boats may not exceed 15 feet in height. On -land boat storage areas may not be located in the required yards or landscaping areas. The premises shall at all times be maintained in a neat and orderly manner. (10) Any gasoline offered for sale or stored on the premises shall be placed in tanks or containers as may be required by the council, and as required in chapter 5.08, article Il. Such tanks or containers shall be stored in such a manner and location so as not to create a danger to the community. (11) On -land boat density shall be as follows: a. Summer boat density. The number of boats stored on the premises for any and all reasons shall not exceed that number which can be safely stored in allowable locations while maintaining appropriate ingress, egress and emergency access to the site, as well as maintaining the required number of acceptable park- ing spaces. Boats shall not be stored in required auto parking spaces during the summer months (June 1 through September 15). b. Winter boat densitylstorage. The number of boats stored on the premises for any and all reasons during the winter season (November 16 through April 14) shall not exceed that number which can be safely stored in allowable locations while maintaining ingress, egress and emergency access to the site, as well as maintaining the required number of winter parking spaces. C. A site plan designating the location of summer and winter boat storage shall be submitted for council approval no later than three months after January 23, 1995, and shall require council approval for any future revisions. (Code 1984, § 10.41(11); Code 2003, § 78-671; Ord. No. 132(2nd series), § 2, 1-23-1995) Sec. 6.12.3410. Area, height, lot width and yard requirements. (a) Height. No structure or building in any B-1 district shall exceed 30 feet in height. (b) Minimum requirements. The following minimum requirements shall be observed: (1) Lot area: two acres. (2) Lot width parallel to lake: 200 feet. (3) Lot width perpendicular to lakeshore: 200 feet. (4) Lakeshore yard: 75 feet. (5) Side yard: ten feet. (6) Front yard along street: 30 feet. (Code 1984, § 10.41(12); Code 2003, § 78-672; Ord. No. 132(2nd series), § 2, 1-23-1995; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 12, 6-27-2016) CD6:128 N M IV Sec. 6.12.3420. Setback, hard cover and tree removal regulations. All property in the B-2 Lakeshore Business District is subject to the requirements of article IX of this chapter. In addition, the following standards shall apply: (1) Lakeshore setback regulations. The build- ing setback from the shoreline shall be 75 feet. (2) Setback to residential. No operation or activities except for storage and parking may be conducted closer than 50 feet to the boundary of an adjoining property line which property is used for residential purposes. (3) Setback along streets. No operation or activities except for storage and parking may be conducted closer than 50 feet to the right-of-way of any existing street, road or highway. (4) Lakeshore hard cover regulations. Within 75 feet of the shoreline there shall be no excavating, filling, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline, there shall be no greater than 25 percent hard cover. Within 250 to 500 feet of the shoreline, there shall be no greater than 30 percent hard cover. Within 500 to 1,000 feet of the shoreline, there shall be no greater than 35 percent hard cover. (5) Tree removal regulations. No trees within 75 feet of the shoreline with a diameter of six inches or more shall be removed without first obtaining a permit from the council. Tree removal and other vegeta- tion management shall be in accordance with the ordinance. (Code 1984, § 10.41(13); Code 2003, § 78-673; Ord. No. 132(2nd series), § 2, 1-23-1995) Sec. 6.12.3430. Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant any time a new use is applied for, § 6.12.3450 whether through subdivision, variance, conditional use permit or building permit. Such plans shall be provided in such detail as required by the council, and those plans shall be reviewed by the city engineer before submission to the planning commission and the council for approval. Such stormwater runoff may be required to be properly channeled into a natural watercourse, ponding area, storm drain or other public facilities. Construction of facilities to manage the quantity and quality of stormwater runoff may be required. Any change in grade affecting water runoff, whether onto adjacent property or otherwise, must be in compliance with the surface water management plan and articles VIII and IX of this chapter, and shall be consistent with other applicable regulations or provisions of this Code, and is further subject to the approval of other agencies having jurisdiction over the area affected by the drainage. (Code 1984, § 10.41(14); Code 2003, § 78-674; Ord. No. 132(2nd series), § 2, 1-23-1995) Sec. 6.12.3440. Nonconforming use. Notwithstanding any other provision of this division, any nonconforming use of land not involving a structure and any nonconforming use involving a structure with an assessor's fair market value on January 1, 1975, of $3,000.00 shall be allowed to continue as a nonconforming use subject to the provisions as set forth in article II, division 2 of this chapter. (Code 1984, § 10.41(15); Code 2003, § 78-675; Ord. No. 132(2nd series), § 2, 1-23-1995) Sec. 6.12.3450. Variances. (a) Variances may be granted to the provi- sions of this division in accordance with the provisions set forth in article II, division 3, subdivision II of this chapter. (b) The council may grant a variance allowing a four-year installation and planting period to meet the requirements of the landscaping and planting provisions of this division to any applicant who: (1) Submits a detailed landscape plan show- ing sufficient planting and landscaping in each of the four years in order to CD6:129 M M le § 6.12.3450 ORONO CODE provide at the end of the four years a natural screen that will not be less than 50 percent opaque during the summer months and not less than 25 percent opaque in winter. (2) Submits a four-year planting and landscaping plan which shall provide that in each year of the plan at least 25 percent of the necessary landscaping and planting (as determined by the council as of May 1, 1995) be planned and completed for each required landscaping area accord- ing to the other provisions of this divi- sion. The council may vary this requirement in order to allow a higher percentage of the landscaping and plant- ing in any required landscaping area and credit the applicant for the landscaping and planting which otherwise would be required in other landscaping areas. (Code 1984, § 10.41(16); Code 2003, § 78-676; Ord. No. 132(2nd series), § 2(10.41(16), 10.41(17)), 1-23-1995) Sec. 6.12.3460. Regulation of structures within the lake; adoption by reference. The city adopts by reference and makes a part of this chapter as if fully set forth in this division, chapter II of the Lake Minnetonka Conservation District Code as codified on May 27, 1988, including sections 2.001 through 2.12 and subsequent amendments. The city expressly reserves the right to deny any variance to the provisions of chapter II as amended, even though the same variance was granted by the Lake Minnetonka Conservation District. (Code 2003, § 78-677; Ord. No. 132(2nd series), § 2(10.41(18)), 1-23-1995) Sec. 6.12.3470. Reference to other ordinances. This division is expressly conditioned upon the effectiveness of the ordinances of the Lake Minnetonka Conservation District pertaining to marina regulations; and if all or a portion of such ordinances are declared invalid by a court of competent jurisdiction, no marina shall have a longer dock, more boat slips or more boat buoys than what was permitted by the terms of that ordinance on the date it was declared invalid, or than was last approved by the Lake Minnetonka Conservation District, whichever is less. The city expressly reserves the power to be more restrictive in its regulation than the Lake Min- netonka Conservation District Ordinances if the public health, safety and welfare of the citizens of the city so requires. (Code 2003, § 78-678; Ord. No. 132(2nd series), § 2(10.41(19)), 1-23-1995) Division 12. B-3 Shopping Center Business District Sec. 6.12.3510. Purpose. The B-3 Shopping Center Business District is intended to establish provisions for the designat- ing of a district where a multiple building retail sales and service facility with integrated design and a coordinated physical plan, appropriately located, may be erected. Such district shall be developed as a unit according to an approved plan as provided in this division. The district shall have immediate access to adequate highways and public sanitary sewer. (Code 1984, § 10.42(1); Code 2003, § 78-701) Sec. 6.12.3520. Site plan review. All site reviews in the B-3 Shopping Center Business District shall be reviewed as set forth in article II, division 4 of this chapter, except that for those site plans subject to council review. (Code 1984, § 10.42(2); Code 2003, § 78-702; Ord. No. 68(3rd series), § 6, 2-8-2010) Sec. 6.12.3530. Single control. In order that the purpose of the B-3 district may be realized, the land and buildings and appurtenant facilities shall be in single owner- ship or under the management or supervision of a central authority. (Code 1984, § 10.42(2); Code 2003, § 78-703) CD6:130 LAND USE Sec. 6.12.3540. Permitted uses. Within the B-3 Shopping Center Business District, no structure or land shall be used except for one of the following uses or uses deemed similar by the council: (1) Retail and service businesses. The follow- ing neighborhood retail sales and service businesses supplying commodities or performing a service primarily for residents in the surrounding neighbor- hood: a. Arts and school supplies store. b. Banks and insurance companies. C. Barbershops and beauty shops. d. Bicycle sales and repair. e. Books, magazines, record shop. f. Drugs, candy, ice cream, soft drinks, cosmetics and other usual drugstore merchandise. g. Dry cleaning and laundry pickup stations, including incidental press- ing and repair. h. Garden supplies, florist shop. i. Gift or antique shops. j. Hardware store, paint store. k. Hobby shops, camera and photographic supply stores. 1. Jewelry shops and repair. in. Laundromats. n. Locksmith. o. Music, radio, TV, appliance sales and repair stores. p. Newsstands. q. Office supply store, office machine store. r. Pet shop. S. Pipe and tobacco shops. t. Plumbing, electrical, heating, housewares, furniture, carpet store. U. Postal substation. V. Real estate sales. § 6.12.3550 W. Retail food of all varieties and home supplies. X. Sewing center and yard goods. y. Sporting goods store. Z. Tailor shops. aa. Temporary sales, such as Christmas tree lots. bb. Travel bureau. cc. Variety store. dd. Wearing apparel store, shoe store. ee. Off -sale liquor store. ff. Home and garden equipment rental. gg. Massage therapy centers. hh. Clinics for human care on an out- patient basis only. ii. Cannabis retail businesses located not closer than 1,000 feet of a school or 500 feet of a day care, a residential treatment facility; or an attraction within a public park that is regularly used by minors. (2) Municipal buildings. Municipal build- ings where the use conducted is customar- ily considered to be an office use. (Code 1984, §§ 10.40(3), 10.42(4); Code 2003, § 78-704; Ord. No. 152(2nd series), § 1, 10-28- 1996; Ord. No. 72(3rd series), § 2, 6-26-2010; Ord. No. 156(3rd series), § 3, 8-10-2015; Ord. No. 306(3rd series), § 3, 11-12-2024) Sec. 6.12.3550. Conditional uses. Within any B-3 Shopping Center Business District, no structure or land shall be used for one of the following uses without a conditional use permit: (1) Garages for the servicing and repair of automobiles, provided repair functions are totally enclosed in a building. (2) Motor fuel stations, subject to the provi- sions set forth in section 6.12.6780. (3) Restaurant (Class I), in which food is served to customers while seated at counter or table, and cafeteria, in which food is selected by a customer while CD6:131 M Iq § 6.12.3550 ORONO CODE going through a line and taken to a table (6) Any incidental repair or processing neces- for consumption. Neither live entertain- sary to conduct a permitted principal ment nor intoxicating liquor sales are use, provided that the incidental use permitted in Class I restaurants. shall not exceed 30 percent of the floor (4) Off-street parking when the principal space of the principal building. site of the off-street parking abuts on a (7) Public telephone booths. lot which is in another B or I district, and is in the same ownership as the land in (8) Communication reception/transmission the B or I district and subject to those devices. conditions as set forth in article X, divi- a. Accessory antennas. Accessory inten- sion 5 of this chapter and such other nas shall be limited to radio and conditions as found necessary by the television receiving antennas, satel- council. lite dishes, TVROs, and amateur (5) Public service structures, including, but shortwave radio transmitting and not limited to, electric transmission lines receiving antennas. Accessory anten- and buildings, such as telephone exchange nas that are accessory to the stations, booster or pressure stations, principal use of the property are elevated tanks, lift stations and electric permitted accessory uses in all power substations. Personal wireless zoning districts, provided they meet service and commercial broadcasting the following conditions: antennas and towers shall not be 1. Height. A ground mounted considered public service structures. accessory antenna shall not (6) Day nurseries, provided not less than 50 exceed 20 feet in height from square feet of outside play area per pupil ground level. is available and fenced. 2. Yards. Accessory antennas shall (7) Professional office and offices of a general not be located within the nature. required front yard setback, corner side yard setback or (8) Shopping center identification sign. side yard setback abutting a (Code 1984, §§ 10.40(4), 10.42(5); Code 2003, street. § 78-705; Ord. No. 161(2nd series), § 8, 6-7-1997; Ord. No. 183(2nd series), §§ 1, 2, 2-22-1999) 3. Roofs. If vegetation or obstruc- tions interfere with satellite Sec. 6.12.3560. Accessory uses. signals at a location in any allowable placement area, the Within any B-3 Shopping Center Business accessory antenna may be District, the only permitted accessory uses and placed on the roof of any structures are the following: authorized structure on the (1) Private garages, off-street parking and premises. loading spaces as regulated in this chapter. 4. Setback. Accessory antennas (2) Signs, as regulated in this chapter. shall not be located within a required yard or setback area (3) Buildings temporarily located for purposes or within drainage or utility of construction on the premises for a easements. Antenna towers period not to exceed time necessary to shall be set back from adjacent complete the construction. property lines a horizontal (4) Decorative landscape features. distance no less than the maximum height of the (5) Fences, as regulated in this chapter. antenna. CD6:132 LAND USE 5. Building permits. A building permit shall be required for the installation of any acces- sory antenna requiring a conditional use permit. Build- ing permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The building official must approve the plans before instal- lation. 6. Lightning protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 7. Electrical code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. 8. Color/content. Accessory anten- nas shall be of a neutral color and shall not be used as sig- nage. b. Amateur shortwave radio antennas and towers. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts, provided they meet the following conditions: 1. Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. 2. Yards. Amateur shortwave radio antennas and towers shall not be located within a front, corner side or side yard. § 6.12.3570 3. Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. (9) Other uses that are customarily incidental to, and subordinate to, the allowed permit- ted and conditional uses in this district. (Code 1984, §§ 10.40(5), 10.42(6); Code 2003, § 78-706; Ord. No. 161(2nd series), § 8, 6-7-1997; Ord. No. 183(2nd series), § 3, 2-22-1999; Ord. No. 106(3rd series), § 15, 6-10-2013) Sec. 6.12.3570. Area, height, yard, setback and design requirements. (a) Area. The minimum lot size in the B-3 district shall be two acres. (b) Floor area ratio. A 0.28 FAR will be required so that the gross leasable area shall not exceed 28 percent of the total land area available. (c) Open spaces. The physical design may include more than one building; however, should such building provide an open space between two buildings, that space shall be not less than half the sum of the heights of the two buildings. (d) Front yards. The minimum front yard shall be 20 feet. (e) Rear yards. The minimum rear yard shall be 30 feet. M Side yards. The minimum side yard shall be five feet. Side yards adjacent to an R district shall be 15 feet; side yards adjacent to a street shall be 20 feet. (g) Setback requirements. No building shall be nearer than 60 feet to any lot line; except when abutting or across the street from an R district, no building shall be less than 100 feet from such lot line. (h) Landscaping. The entire area shall be landscaped, occupied by buildings or structures or parking areas so treated as to control dust. Should the development be undertaken in stages, all of the area required to conform to that portion CD6:133 ti M Iq § 6.12.3570 ORONO CODE undertaken shall be developed to meet the preced- ing requirements. A minimum of 12 percent of the entire area shall be devoted to green space. (i) Drives. The design shall include adequate internal circulation drives not less than 22 feet in width which are exclusive of the required parking area. 0) Curb cuts. The driveway curb cuts to the development shall not exceed 26 feet in width, five feet return curb radii, and be located not less than 60 feet from all intersecting streets. (k) Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the council, and those plans shall be reviewed by the city engineer before submission to the planning commission and the council for approval. Such runoff may be required to be properly channeled into a natural watercourse, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff whether onto adjacent property or otherwise must be in compliance with the surface water management plan and shall be consistent with other applicable regulations and the provi- sions of this Code and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. (1) Fencing. Wherever a B-3 Shopping Center Business District abuts or is across the street from an R district, an adequate fence or compact evergreen hedge not less than 50 percent opaque nor less than six feet in height shall be erected. When adjacent to a street, it shall not be less than three feet nor more than four feet in height. (m) Building design and construction. See section 6.12.3260(g). (n) Height. No structure or building shall exceed 30 feet in height except as provided in section 6.12.6710. (Code 1984, § 10.42(7); Code 2003, § 78-707; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 13, 6-27-2016) Division 13. B-4 Office and Professional Business District Sec. 6.12.3610. Purpose. The B-4 Office and Professional Business District is intended to provide a district which is related to and may adjoin residential districts or other business districts for the location of administrative office buildings and related offices. The office uses allowed in this district are those in which there is limited contact with the public and no exterior display or selling of merchandise to the general public. The district shall have immediate access to adequate highways and public sanitary sewer. (Code 1984, § 10.43(1); Code 2003, § 78-731) Sec. 6.12.3620. Site plan review. All site plan reviews in any B-4 Office and Professional Business District shall be reviewed as set forth in article II, division 4 of this chapter. (Code 1984, § 10.43(2); Code 2003, § 78-732; Ord. No. 68(3rd series), § 7, 2-8-2010) Sec. 6.12.3630. Permitted uses. Within any B-4 Office and Professional Busi- ness District, no structure or land shall be used except for one or more of the following uses: (1) Municipal buildings where the use conducted is customarily considered to be an office use. (2) Professional offices and offices of a general nature. (3) Clinics for human care on an out -patient basis only. (4) Banks and insurance offices. (5) Cannabis retail businesses located not closer than 1,000 feet of a school or 500 feet of a day care, a residential treatment facility, or an attraction within a public park that is regularly used by minors. (Code 1984, § 10.43(3); Code 2003, § 78-733; Ord. No. 306(3rd series), § 4, 11-12-2024) CD6:134 00 M Iq LAND USE Sec. 6.12.3640. Conditional uses. Within the B-4 Office and Professional Busi- ness District, no structure or land shall be used for the following uses without a conditional use permit: (1) Nursing homes, hospitals, rest homes or retirement homes, provided the site shall contain not less than 600 square feet of lot area for each person to be accom- modated and no building is located less than 35 feet from the side lot line. (2) Private academies, schools, trade schools, colleges and universities for teaching. (3) Research centers. (4) Animal hospitals, veterinary clinics or kennels. (5) Libraries. (6) Museums. (7) Historical buildings, museums, art institutes, galleries and playhouses. (8) Restaurants (Class I), which are restaurants located within and mainly servicing an office building, providing there is no outside display or advertising of the restaurant use. (9) Off-street parking when the principal site of the off-street parking abuts on a lot which is in another B or I district and is in the same ownership as the land in the B or I district and subject to those conditions as set forth in article X, divi- sion 5 of this chapter and other such conditions as found necessary by the council. (10) Public service structures, including, but not limited to, electric transmission lines and buildings, such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless service and commercial broadcasting antennas and towers shall not be considered essential services. § 6.12.3650 (11) Religious institutions and facilities, includ- ing those related structures located on the same site which are an integral part of the religious institution, and convents or homes for persons related to a religious function on the same site. Religious institutions and facilities shall meet the standards of the B-4 district and shall further meet the following requirements: a. All buildings shall meet a setback of 50 feet from lot lines abutting a residentially zoned property. b. One parking space shall be provided for each four seats of capacity in the main assembly hall or sanctuary, with additional parking required per the standards of this chapter for other facilities, such as classrooms, licensed day care facilities or offices, when such uses will overlap with the use of the main assembly hall. C. If required parking is not provided on site, an off -site parking plan satisfactory to the city council shall be provided. d. Parking areas in side or rear yards shall be set back ten feet from residentially zoned property. e. If the religious institution property abuts both a local residential street and a collector or arterial roadway, the access shall be onto the collector or arterial. (Code 1984, § 10.43(4); Code 2003, § 78-734; Ord. No. 161(2nd series), § 9, 6-7-1997; Ord. No. 204(2nd series), § 1, 6-25-2001) Sec. 6.12.3650. Accessory uses. Within any B-4 Office and Professional Busi- ness District, the only permitted accessory uses and structures are the following: (1) Private garages, off-street parking and loading spaces, as regulated in this chapter. (2) Signs, as regulated in this chapter. CD6:135 0 M le § 6.12.3650 ORONO CODE (3) Buildings temporarily located for purposes easements. Antenna towers of construction on the premises for a shall be set back from adjacent period not to exceed time necessary to property lines a horizontal complete the construction. distance no less than the (4) Decorative landscape features. maximum height of the antenna. (5) Fences, as regulated in this chapter. 5. Building permits. A building (6) Any incidental repair or processing neces- permit shall be required for sary to conduct a permitted principal the installation of any acces- use, provided that the incidental use sory antenna requiring a shall not exceed 30 percent of the floor conditional use permit. Build - space of the principal building. ing permit applications shall (7) Public telephone booths. be accompanied by a site plan and structural component data (8) Communication reception/transmission for the accessory antenna, devices. including details of anchoring. a. Accessory antennas. Accessory anten- The building official must nas shall be limited to radio and approve the plans before instal - television receiving antennas, satel- lation. lite dishes, TVROs, and amateur 6. Lightning protection. Each shortwave radio transmitting and accessory antenna shall be receiving antennas. Accessory anten- grounded to protect against nas that are accessory to the natural lightning strikes in principal use of the property are conformance with the National permitted accessory uses in all Electrical Code as adopted by zoning districts, provided they meet the city. the following conditions: 7. Electrical code. Accessory 1. Height. A ground mounted antenna electrical equipment accessory antenna shall not a and connections shall be exceed 20 feet in height from designed and installed in ground level. conformance with the National 2. Yards. Accessory antennas shall Electrical Code as adopted by not be located within the the city. required front yard setback, 8. Color/content. Accessory anten- corner side yard setback or nas shall be of a neutral color side yard setback abutting a and shall not be used as sig- street. 3. Roofs. If vegetation or obstruc- nage. tions interfere with satellite b. Amateur shortwave radio antennas signals at a location in any and towers. Amateur shortwave radio allowable placement area, the antennas and towers which do not accessory antenna may be meet the conditions for accessory placed on the roof of any antennas, may be allowed with a authorized structure on the conditional use permit in all zoning premises. districts, provided they meet the 4. Setback. Accessory antennas following conditions: shall not be located within a 1. Height. When an amateur required yard or setback area shortwave radio antenna is or within drainage or utility mounted on an antenna tower, CD6:136 0 IV IV LAND USE the total height of the antenna and tower shall not exceed 65 feet. 2. Yards. Amateur shortwave radio antennas and towers shall not be located within a front, corner side or side yard. 3. Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. (9) Other uses that are customarily incidental to, and subordinate to, the allowed permit- ted and conditional uses in this district. (Code 1984, §§ 10.40(5), 10.43(5); Code 2003, § 78-735; Ord. No. 161(2nd series), § 8, 6-7-1997; Ord. No. 183(2nd series), § 3, 2-22-1999; Ord. No. 106(3rd series), § 16, 6-10-2013) Sec. 6.12.3660. Area, height, lot width, yard, setback and design requirements. (a) Area. The minimum lot size in any B-4 district shall be 20,000 square feet. (b) Lot width. The minimum lot width shall be 100 feet. (c) Front yards. The minimum front yard shall be 20 feet. (d) Rear yards. The minimum rear yard shall be 30 feet; and unless the rear yard has access from a public street or alley, a side driveway of 12 feet shall be provided to assure access. (e) Setback requirements. No building shall be nearer than 35 feet to any front lot line, 35 feet to any rear lot line, 15 feet to any side lot line, or 35 feet to any side lot line adjacent to a street; except when abutting or across the street from an R district, no building shall be less than 35 feet from such lot line. (f) Fencing. Wherever a B-4 office and profes- sional business district abuts an R district along the side or rear lot line, a fence or compact evergreen hedge not less than 50 percent opaque § 6.12.3710 nor less than six feet in height (no less than three feet nor higher than four feet adjacent to street) shall be erected along the abutting lines except within the required front yard. (g) Building design and construction. See sec- tion 6.12.3260(g). (h) Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the council, and those plans shall be reviewed by the city engineer before submission to the planning commission and council for approval. Such runoff may be required to be properly channeled into a natural watercourse, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff, whether onto adjacent property or otherwise, must be in compliance with the surface water management plan and shall be consistent with other applicable regulations or provisions of this Code and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. (i) Height. No structure or building shall exceed 30 feet in height except as provided in section 6.12.6710. (Code 1984, § 10.43(6); Code 2003, § 78-736; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 14, 6-27-2016) Division 14. B-5 Limited Neighborhood Business District Sec. 6.12.3710. Purpose. The B-5 Limited Neighborhood Business District is intended to provide a district for businesses that supply commodities or perform a service primarily for residents in the surround- ing neighborhood, which businesses are not high traffic generators and do not necessitate an inordinate amount of hard cover. The district may adjoin residential districts or other business districts which are subject to more restrictive controls. The district shall have immediate access to adequate highways and public sanitary sewer. Because of the location of the B-5 district as CD6:137 § 6.12.3710 ORONO CODE contemplated in the area in the city known as Navarre, the uses are limited in order to limit the hardcover in that area and to limit the future generation of traffic for that property in that use district, since there is already a traffic problem in Navarre. (Code 1984, § 10.44(1); Code 2003, § 78-761) Sec. 6.12.3720. Site plan review. All site reviews in any B-5 Limited Neighbor- hood Business District shall be reviewed as set forth in article II, division 4 of this chapter. (Code 1984, § 10.44(2); Code 2003, § 78-762; Ord. No. 68(3rd series), § 8, 2-8-2010) Sec. 6.12.3730. Permitted uses. Within any B-5 Limited Neighborhood Busi- ness District, no structure or land shall be used except for one of the following uses or uses deemed similar by the council: (1) Municipal buildings. (2) Offices. (3) Clinics. (4) Art and school supply store. (5) Book and magazine store. (6) Office supply store. (7) Banks, loan company, insurance company, real estate office. (8) Barbershop, beauty shop. (9) Camera and photograph supply store. (10) Locksmith. (11) Hobby shop. (12) Gift store. (13) Glassware and pottery. (14) Antique store. (15) Jewelry store. (16) Watch repair. (17) Library. (18) Museum. (19) Record shop. (20) Music store. (21) Tobacco shop. (22) Galleries. (23) Pet shop. (24) Massage therapy centers. (25) Cannabis retail businesses located not closer than 1,000 feet of a school or 500 feet of a day care, a residential treatment facility, or an attraction within a public park that is regularly used by minors. (Code 1984, § 10.44(3); Code 2003, § 78-763; Ord. No. 72(3rd series), § 3, 6-26-2010; Ord. No. 306(3rd series), § 5, 11-12-2024) Sec. 6.12.3740. Conditional use. Within any B-5 Limited Neighborhood Busi- ness District, no structure or land shall be used for one of the following uses except by conditional use permit: (1) Candy, ice cream, popcorn, nuts, frozen desserts, soft drink store. (2) Dry cleaning store. (3) Tailor shop. (4) Pressing and shoeshine shop. (5) Laundry and cleaning pickup stations. (6) Veterinary clinic. (7) Kennels. (8) Coffee or bagel retail stores, subject to the following conditions: a. No more than 50 percent of the gross floor area of any single build- ing shall be devoted to coffee and/or bagel retail store uses. b. No individual coffee or bagel retail store use shall exceed 2,000 square feet of gross floor area. A combined coffee and bagel retail store use shall not exceed 4,000 square feet of gross floor area. C. The number of incremental parking spaces required for the coffee and/or bagel retail store use shall be calculated using the parking require- ment standard for restaurant uses. CD6:138 N IV le LAND USE The applicant shall demonstrate that the total parking needs for the site will be met. d. An individual coffee or bagel retail store use shall be limited to a maximum of 45 seats. A combined coffee and bagel retail store use shall be limited to a maximum of 60 seats. (9) Off-street parking when the principal site of the off-street parking abuts on a lot which is in another B or I district and is in the same ownership as the land in the B or I district, and subject to those conditions as set forth in article X, divi- sion 5 of this chapter and other such conditions as found necessary by the council. (10) Public service structures, including, but not limited to, electric transmission lines in buildings, such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless services and commercial broadcasting antennas and towers shall not be considered essential services. (11) Drug store, subject to the following condi- tion: Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. for a drive - through service. (Code 1984, § 10.44(4); Code 2003, § 78-764; Ord. No. 152(2nd series), § 2, 10-28-1996; Ord. No. 161(2nd series), § 10, 6-7-1997; Ord. No. 170(2nd series), § 1, 3-23-1998; Ord. No. 198(2nd series), § 1, 4-24-2000) Sec. 6.12.3750. Accessory uses. Within any B-5 Limited Neighborhood Busi- ness District, the only permitted accessory uses and structures are the following: § 6.12.3760 (3) Buildings temporarily located for purposes of construction on the premises for a period of not to exceed time necessary to complete said construction. (4) Decorative landscaping features. (5) Fences, as regulated in this chapter. (6) Any incidental repair or processing neces- sary to conduct a permitted principal use, provided that the incidental use shall not exceed 30 percent of the floor space of the principal building. (7) Public telephone booths. (8) Other uses that are customarily incidental to, and subordinate to, the allowed permit- ted and conditional uses in this district. (Code 1984, § 10.44(5); Code 2003, § 78-765; Ord. No. 106(3rd series), § 17, 6-10-2013) Sec. 6.12.3760. Area, height, lot width, setback requirements and design requirements. (a) Area. The minimum lot size in any B-5 Limited Neighborhood Business District shall be 20,000 square feet. (b) Lot width. The minimum lot width shall be 100 feet. (c) Front yards. The minimum front yard shall be 20 feet. (d) Rear yards. The minimum rear yard shall be 30 feet, a side yard adjacent to an R district shall be 15 feet, and a side yard adjacent to a street shall be ten feet. (e) Setback requirements. No building shall be nearer than 35 feet to any front lot line, 35 feet from any rear lot line, 15 feet from any side lot line, or 35 feet to any side lot line adjacent to a street; except abutting or across the street from an R district, no building shall be less than 35 feet from such lot line. (1) Private garages, off-street parking and loading spaces, as regulated in this M Fencing. Wherever a B-5 Limited Neighbor - chapter. hood Business District abuts an R district, along the side or rear lot line, a fence or compact (2) Signs, as regulated in this chapter. evergreen hedge no less than 50 percent opaque CD6:139 M IV le § 6.12.3760 ORONO CODE nor less than six feet in height shall be erected along the abutting lines except within the required front yard. (g) Building design and construction. In addi- tion to other restrictions of this chapter, the use, construction, alteration or enlargements to any building or structure within the district shall meet the following standards: (1) All exterior wall finishes on any building shall be: a. Face brick; b. Natural stone; C. Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture; d. Factory fabricated and finished metal framed panel construction, if the panel materials are of any of those noted in subsections (g)(1)a through c of this section, or glass; or e. Other materials as may be approved by the council. Combinations of such materials shall be permitted. (2) All subsequent additions and outbuild- ings constructed after the erection of an original building shall be constructed of materials comparable to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance. (3) No building or structure of a temporary character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings. (h) Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the council, and those plans shall be reviewed by the city engineer before submission to the planning commission and the council for approval. Such runoff may be required to be properly channeled into a natural watercourse, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff, whether onto adjacent property or otherwise, must be in compliance with the surface water management plan and shall be consistent with other applicable regulations or provisions of this Code and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. (i) Height. No structure or building shall exceed 30 feet in height except as provided in section 6.12.6710. (Code 1984, § 10.44(6); Code 2003, § 78-766; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 15, 6-27-2016) Division 15. B-6 Highway Commercial District Sec. 6.12.3810. Purpose. The purpose of the B-6 Highway Commercial District is to provide a commercial district specifi- cally tailored to accomplish the commercial development objectives of the Highway 12 Cor- ridor study section of the comprehensive plan. (Code 1984, § 10.45(1); Code 2003, § 78-791) Sec. 6.12.3820. Site plan review. All site reviews in any B-6 Highway Com- mercial District shall be reviewed as set forth in article II, division 4 of this chapter. (Code 1984, § 10.45(2); Code 2003, § 78-792; Ord. No. 68(3rd series), § 9, 2-8-2010) Sec. 6.12.3830. Permitted uses. Within any B-6 Highway Commercial District, no structure or land shall be used except for one of the following uses or uses deemed similar by the council: (1) Offices (business and professional). (2) Banks and financial institutions. (3) Libraries. (4) Motels, and hotels. CD6:140 LAND USE § 6.12.3860 (5) Cannabis retail businesses located not (3) Buildings temporarily located for purposes closer than 1,000 feet of a school or 500 of construction on the premises for a feet of a day care, a residential treatment period not to exceed time necessary to facility, or an attraction within a public complete the construction. park that is regularly used by minors. (4) Decorative landscape features. (Code 1984, § 10.45(3); Code 2003, § 78-793; Ord. No. 152(2nd series), § 3, 10-28-1996; Ord. No. (5) Fences, as regulated in this chapter. 306(3rd series), § 6, 11-12-2024) (6) Any incidental repair or processing neces- sary to conduct a permitted principal Sec. 6.12.3840. Relationship with planned use, provided that the incidental use unit developments. shall not exceed 30 percent of the floor space of the principal building. Other types of commercial uses and mixed use developments may be applied for through the (7) Public telephone booths. planned unit development process. Applications (8) Communication reception/transmission that include commercial uses within the Highway devices. 12 Corridor shall assume the B-6 district as the a. Accessory antennas. Accessory anten- underlying zoning district. nas shall be limited to radio and (Code 1984, § 10.45(4); Code 2003, § 78-794; Ord. television receiving antennas, satel- No. 152(2nd series), § 4, 10-28-1996) lite dishes, TVROs, and amateur shortwave radio transmitting and Sec. 6.12.3850. Conditional uses. receiving antennas. Accessory anten- nas that are accessory to the Within any B-6 Highway Commercial District, principal use of the property are no structure or land shall be used for one of the permitted accessory uses in all following uses without a conditional use permit: zoning districts, provided they meet (1) Restaurants (Class I). the following conditions: 1. Height. A ground mounted (2) The following uses when such use includes accessory antenna shall not a drive -through condition: exceed 20 feet in height from a. Offices (business and professional). ground level. 2. Yards. Accessory antennas shall b. Banks and financial institutions. not be located within the C. Libraries. required front yard setback, corner side yard setback or d. Motels and hotels. side yard setback abutting a (Code 2003, § 78-795; Ord. No. 152(2nd series), street. § 4, 10-28-1996) 3. Roofs. If vegetation or obstruc- tions interfere with satellite Sec. 6.12.3860. Accessory uses. signals at a location in any allowable placement area, the Within any B-6 Highway Commercial District, accessory antenna may be the only permitted accessory uses and structures placed on the roof of any are the following: authorized structure on the (1) Private garages, off-street parking and premises. loading spaces, as regulated in this 4. Setback. Accessory antennas chapter. shall not be located within a required yard or setback area (2) Signs, as regulated in this chapter. or within drainage or utility CD6:141 W) IV Re § 6.12.3860 ORONO CODE easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. 5. Building permits. A building permit shall be required for the installation of any acces- sory antenna requiring a conditional use permit. Build- ing permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The building official must approve the plans before instal- lation. 6. Lighting protection. Each acces- sory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 7. Electrical code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. 8. Colorl content. Accessory anten- nas shall be of a neutral color and shall not be used as sig- nage. b. Amateur shortwave radio antennas and towers. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts provided they meet the fol- lowing conditions: 1. Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. 2. Yards. Amateur shortwave radio antennas and towers shall not be located within a front, corner side or side yard. 3. Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. (9) Other uses that are customarily incidental to, and subordinate to, the allowed permit- ted and conditional uses in this district. (Code 1984, §§ 10.40(5), 10.45(5); Code 2003, § 78-796; Ord. No. 161(2nd series), § 8, 6-7-1997; Ord. No. 183(2nd series), § 3, 2-22-1999; Ord. No. 106(3rd series), § 18, 6-10-2013) Sec. 6.12.3870. Area, height, lot width, setback requirements and design requirements. The following minimum requirements shall be observed in any B-6 district, subject to additional requirements and exceptions contained in article VII of this chapter: (1) Lot area: two acres. (2) Lot width: 100 feet. (3) Setback, principal structure: Front: 30 feet (30 feet or 1 1/2 times the building height, whichever is greater, in determining front setbacks for principal and accessory structure only). b. Side interior: ten feet. Side street: 30 feet. d. Rear: 30 feet. (4) Setback, accessory structure: a. Front: 30 feet (30 feet or 1 1/2 times the building height, whichever is CD6:142 (a IV Iq LAND USE § 6.12.3870 greater, in determining front (8) Landscaping. setbacks for principal and accessory a. Landscape plan requirements. structure only). Landscape plans shall be required b. Side interior: ten feet. for any proposed commercial site C. Side street: 30 feet. and shall be prepared by a landscape architect or other qualified person d. Rear: 30 feet. acceptable to the city, drawn to the (5) Setback, parking: scale of not less than one inch equals 50 feet, and shall show the follow- ing: b. Side interior: five feet. 1. Boundary lines of the property C. Street side: ten feet. with accurate dimensions; d. Rear: ten feet. 2. Locations of existing and proposed buildings, parking Setbacks in parentheses apply adjacent lots, roads and other improve - to all residential districts. ments; (6) No land shall be developed and no use 3. Proposed grading plan with shall be permitted that results in water two -foot contour intervals; runoff causing floods, erosion or deposits 4. Location, approximate size and on adjacent properties. Site and drain- common name of existing trees age plans shall be submitted by the and shrubs; applicant in such detail as required by 5. A planting schedule contain - the council, and those plans shall be ing symbols, quantities, reviewed by the city engineer before common and botanical names, submission to the planning commission size of plant materials, root and the council for approval. Such runoff condition and special planting may be required to be properly chan- instructions; neled into a natural watercourse, pond- ing area, storm drain or other public 6. Planting details illustrating facilities. Any change in grade affecting proposed locations of all new water runoff whether onto adjacent plant material; property or otherwise must be in compli- 7. Locations and details of other ance with the surface water manage- landscape features, including ment plan and shall be consistent with berms, fences and planter other applicable regulations or provi- boxes; sions of this Code and subject to the 8. Details of restoration of approval of other agencies having jurisdic- disturbed areas, including areas tion over the area affected by the drain- to be sodded and seeded; age. 9. Location and details of irriga- (7) No structure or building shall exceed 30 tion systems; and feet in height except as provided in sec- 10. Details and cross sections of tion 6.12.6710. all required screening. b. Minimum landscaping requirements. All open areas of a lot which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of deciduous and coniferous species, including overstory trees, understory trees, shrubs, flowers and ground cover materials. The plan for landscaping shall include CD6:143 ti § 6.12.3870 ORONO CODE ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table: Project Value (including building construction, site preparation, and site improvements) Minimum Landscape Value Below $1,000,000.00 2.0% of project value $1,000,000.00—$2,000,000.00 $20,000.00 + 1% of project value in excess of $1,000,000.00 $2,000,001.00—$3,000,000.00 $30,000.00 + 0.75% of project value in excess of $2,000,000.00 $3,000,001.00—$4,000,000.00 $37,500.00 + 0.25% of project value in excess of $3,000,000.00 Over $4,000,000.00 1.0% of project value In instances where healthy plant materials of acceptable species exist on a site prior to its development, the application of the standards in this subsection (8) may be adjusted by the city to allow credit for such material, provided that such adjustment is consistent with the intent of this division. A reasonable attempt shall be made to preserve as many exist- ing trees as is practicable and to incorporate them into the site plan. All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of 2 1/2 inches. Coniferous trees shall be a minimum of six feet in height. Ornamental trees shall have a minimum caliper of 1 1/2 inches. 3. All site areas not covered by buildings, sidewalks, parking lots, driveways, patios, or similar hardcover materials C. shall be covered with sod or an equivalent ground cover approved by the city. This requirement shall not apply to site areas retained in a natural state. 4. In order to provide for adequate maintenance of landscaped areas, an underground sprinkler system shall be provided as part of each new development, except one- and two-family dwellings and addi- tions to existing structures which do not at least equal the floor area of the existing structure. A sprinkler system shall be provided for all landscaped areas except areas to be preserved in a natural state. 5. Not more than 50 percent of the required number of trees shall be composed of one spe- cies. The city shall maintain a list of prohibited species which shall not be used for landscap- ing. Interior parking lot landscaping. 1. All parking lots containing over 150 stalls shall be designed to incorporate unpaved, landscaped islands in number and dimension as required by the city. All landscape islands shall contain a minimum of 180 square feet. Islands which are necessary to promote the safe and efficient flow of traffic CD6:144 00 Iq LAND USE § 6.12.3870 shall not be subject to the 150- constructed in accordance with plans stall standard and shall be prepared by a registered engineer required by the city when war- or landscape architect. ranted. 2. Parking lot landscape areas, f. Landscaping performance security including landscape islands, required. When screening, landscap- shall be reasonably distributed ing or other similar improvements throughout the parking lot area to property are required by this so as to break up expanses of division, a letter of credit shall be paved areas. Parking lot supplied by the owner in an amount landscape areas shall be equal to at least 1 I/2 times the value provided with deciduous shade of such screening, landscaping or trees, ornamental or evergreen other improvements. The letter of trees, plus ground cover, mulch credit shall be conditioned upon and/or shrubbery as determined reimbursement of all expenses appropriate by the planning incurred by the city for engineering, commission. Parking lot landscape trees shall be legal, contracting or other fees in provided at the rate of one tree connection with making or complet- for each 15 surface parking ing such improvements. The letter spaces provided, or major frac- of credit shall be provided prior to tion thereof. Parking lot the issuance of any building permit landscaping shall be contained and shall be valid for a period of in planting beds bordered by a time equal to two full growing raised concrete curb or seasons after the date of installa- equivalent approved by the tion of the landscaping. The city planning commission. may accept some other form of security in lieu of a letter of credit d. Maintenance of landscaping. The in an amount and under such condi- owner, tenant and their respective tions that the city may determine to agents shall be jointly and severally be appropriate. If construction of responsible for the maintenance of the project is not completed within all landscaping in a condition presenting a healthy, neat and the time prescribed by building orderly appearance and free from permits and other approvals, the refuse and debris. Plants and ground city may, at its option, complete the cover which are required by an work required at the expense of the approved site or landscape plan, owner and the surety. The city may and which have died, shall be allow an extended period of time for replaced within three months of completion of all landscaping if the notification by the city. However, delay is due to conditions which are the time for compliance may be reasonably beyond the control of the extended up to nine months by the developer. Extensions, which may city in order to allow for seasonal or not exceed nine months, may be weather conditions. granted due to seasonal or weather e. Retaining walls. Retaining walls conditions. When an extension is exceeding four feet in height, and granted, the city shall require such staged walls which cumulatively additional security as it deems exceed 16 feet in height or involve appropriate. more than four tiers, must be CD6:145 0 IV le § 6.12.3870 g. Screening and buffering. ORONO CODE 1. The following uses shall be screened or buffered in accordance with the require- ments of this section: (i) Principal buildings and structures and any build- ing or structure accessory thereto located in the B-6 zone shall be buffered from residential lots located in any R district. (ii) Off-street parking facili- ties containing six or more spaces shall be buffered from streets located within 50 feet. Parking facilities shall be buffered with landscape zones. (iii) External loading and service areas must be completely screened from the ground -level view from contiguous residential or commercial properties and adjacent streets, except at access points. sources shall be screened whenever it may be directed onto adjacent residential windows. 2. Required screening or buffer- ing may be achieved with fences, walls, earth berms, hedges, or other landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1. The screen shall be designed to employ materials which provide an effective visual barrier during all seasons. 3. All required screening or buffer- ing shall be located on the lot occupied by the use, building, facility or structure to be screened. No screening or buffering shall be located on any public right-of-way or within eight feet of the trav- eled portion of any street or highway. (iv) All trash and trash 4. Screening or buffering required handling equipment shall by this subsection (8) shall be be stored within the of a height needed to accomplish principal structure, within the goals of this subsection (8). an attached structure Screening methods incorporat- accessible from within the ing roofs over storage, trash or principal structure, or mechanical facilities to screen totally screened from eye- from higher adjacent proper - level view from public ties or buildings may be streets and adjacent required. Height of plantings residential properties. required under this subsection (v) The ground -level view of (8) shall be measured at the all mechanical utilities time of installation. shall be completely screened from contiguous (9) Architectural standards. properties and adjacent a. It is not the intent of the city to streets, or designed to be restrict design freedom unduly when compatible with the reviewing project architecture in con - architectural treatment of nection with a site and building the principal structure. plan. However, it is in the best (vi) The light from automobile interest of the city to promote high headlights and other standards of architectural design CD6:146 0 Iq LAND USE and compatibility with surrounding structures and neighborhoods. Architectural plans shall be prepared by an architect or other qualified persons acceptable to the city and shall show the following for all structures in the B-6 district: 1. Elevations of all sides of the building. 2. Type and color of exterior build- ing materials. 3. A typical floor plan. 4. Dimensions of all structures. 5. The location of trash and recycling containers and of heating, ventilation and air conditioning equipment. b. Unadorned prestressed concrete panels, concrete block and unfinished metal shall not be permitted as exterior materials for principal and accessory buildings. This restric- tion shall apply to all principal structures and to all accessory build- ings. The city may, at its discretion, allow architecturally enhanced block or concrete panels. C. Accessory buildings shall be architecturally compatible with principal structures. Accessory structures for trash and trash handling equipment shall be constructed of the same building material as the principal structure and be readily served through swing- ing doors. d. All rooftop or ground -mounted mechanical equipment and exterior trash and recycling storage areas shall be fully enclosed or screened so as to not be visible with materi- als compatible with the principal structure. e. Underground utilities shall be provided for all new and substantially renovated structures (the term "substantially renovated" § 6.12.3900 shall mean when the renovations exceed 30 percent of the prerenova- tion value of the structure). (Code 1984, § 10.45(6); Code 2003, § 78-777; Ord. No. 201(2nd series), § 1, 2-12-2001; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 94(3rd series), § 3, 9-24-2012; Ord. No. 173(3rd series), § 16, 6-27-2016) Division 16. I Industrial District Sec. 6.12.3900. Purpose and review of building permit applica- tions. (a) General provisions. The purpose of the I Industrial District is to permit and encourage the development of high quality industrial uses which are compatible with the aesthetic character of the city and to encourage the development of such industries that are able and willing to achieve superior standards of design and environmental protection. To this end, the city may find that improvements are required to a particular site which are greater than the minimum standards found as part of this district. (b) Site plan review. All site reviews in any I Industrial District shall be reviewed as set forth in article II, division 4 of this chapter. (c) Determination of use. Whenever a proposed use is not clearly defined as to its inclusion in the list of permitted, conditional, or accessory uses in this district, the zoning administrator shall make a determination. The zoning administra- tor may refer the item to the city council for a final determination, if desired. (d) Certificate of occupancy. Prior to occupancy of any building or premises within the I Industrial District for which a building permit has been obtained, the applicant shall obtain a certificate of occupancy. As a part of this certificate, the applicant shall be required to demonstrate compli- ance with all of the terms of this division. (e) Existing land uses. (1) Any building or use that does not conform to the requirements of this division, exist- ing prior to the passage of this division, shall be allowed to continue to operate in CD6:147 T U) le § 6.12.3900 ORONO CODE the same manner and to the same extent, Sec. 6.12.3910. Permitted uses. subject to the requirements of article Il, The following are permitted uses within the I division 2 of this chapter related to Industrial District: nonconforming uses and related matters. (2) Where such changes increase the total usable floor area of an existing nonconforming building by less than 25 percent, a property owner may maintain the existing building in its nonconform- ing state. The requirements for bringing improvements into conformance shall also be applied to legal, nonconforming site improvements such as parking lots and landscaping. Such changes or additions may be made to coordinate with the existing building materials and design without meeting the requirements of this division. The 25 percent threshold shall be measured cumulatively from the date of the adoption of the ordinance from which this division is derived, and shall not be exceeded without applying the requirements of subsection (e)(3) of this section. (3) Where such changes increase the total usable floor area of an existing nonconforming building by 25 percent or more, the property owner shall be required to bring the building and property into full conformance with this division. The requirements for bringing improvements into conformance shall also be applied to legal, nonconforming site improvements such as parking lots and landscaping. The 25 percent threshold shall be measured cumulatively from the date of the adoption of this division. (f) All buildings in I district required to be on platted lots. All changes to lot configuration shall require platting in accordance with chapter 6.20. No lot identified in whole or in part by a metes and bounds description shall be eligible for a building permit until a final plat has been approved and recorded for said lot. (Code 2003, § 78-821; Ord. No. 32(3rd series), § 2, 3-27-2006; Ord. No. 68(3rd series), § 10, 2-8-2010) (1) Automobile and truck painting, major repair, body and fender work, upholster- ing tire recapping and wholesale/fleet sales, but shall not include retail when within a completely enclosed building. The storage of automobiles or trucks in process of repair shall be within a fenced area. (2) Cabinet and carpentry shops, lumberyards millworks, electrical, plumbing and heat- ing and air conditioning shop. (3) Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, obnoxious products, byproducts or wastes, or cre- ates other objectionable impact on the environment. These shall include the following: manufacturing, compounding, assembly, packaging, treatment or stor- age of products and materials. Expressly prohibited activities shall include the stockpiling and recycling of aggregate materials or supplies of more than 25 cubic yards. (4) Office. (5) Office; showroom. (6) Office; warehouse. (7) Medical, dental and optical laboratories. (8) Research laboratories. (9) Inside storage or warehousing. (10) Governmental and public utility build- ings and structures. (11) Essential services. (12) Cannabis producers located not closer than 1,000 feet of a school or 500 feet of a day care, a residential treatment facility, or an attraction within a public park that is regularly used by minors. (Code 2003, § 78-822; Ord. No. 32(3rd series), § 2, 3-27-2006; Ord. No. 306(3rd series), § 7, 11-12-2024) CD6:148 N LA Iq LAND USE § 6.12.3920 Sec. 6.12.3920. Conditional uses. (8) Warehouse conversion to mini -storage. (a) General provisions. Within the I Industrial (9) Wholesale showrooms. District, no structure or land shall be used for (10) Deferment of parking. one or more of the following uses without approval of a conditional use permit. The following are (11) Garage condos, provided that: conditional uses in the I Industrial District: a. No exterior parking or storage is (1) Open and outdoor storage as an acces- permitted for a period longer than sory use, provide that: 24 hours. A parking plan must be a. The open storage area is screened provided to demonstrate accessibil- and landscaped from adjacent ity to the site. residential uses and public right -of- b. The premises shall not be used or way. customized for residential living b. The open outdoor storage area is purposes or community gatherings surfaced with concrete or bituminous. or events. C. The open outdoor storage area shall C. The premises shall not be used for not be within any front yard or side the operation of a business or for yard abutting a public right-of--way. retail purposes, including, but not The open outdoor storage shall be limited to, automobile repair. This setback live feet from all side and does not prohibit minor maintenance, rear lot lines and shall not be located care, or upkeep of motor vehicles, within a utility or drainage ease- boats, trailers, or recreational ment. vehicles stored in individual units. d. The open outdoor storage area shall d. The management, use, and customi- not utilize any required off-street zation of the garage condos, includ- parking, loading areas, or access ing common areas, and individual units shall be governed by an associa- space. tion, which association rules shall e. The open outdoor storage area shall place adequate controls to ensure not be used for storage of hazardous compliance with applicable city code. liquids, solids, gases, or wastes. f. The property owner shall keep all e. The premises shall maintain adequate access to individual units outdoor storage areas free of refuse, and any common areas or office trash, debris, weeds, and waste fill. space for emergency response and (2) Commercial and public radio and televi- snow removallstorage. sion transmitting antennas, and public f. The premises shall contain suf- utility microwave antennas. ficient lighting and/or security (3) Commercial, private, and public satellite measures to deter or mitigate dish transmitting or receiving antennas criminal activity and ensure in excess of two meters in diameter. adequate access for emergency (4) Accessory, enclosed service activity other response. than allowed by a permitted use within g• Any individual unit that is con - the I -Industrial District. nected to the city sewer and water (5) Day care centers. system shall have individual meters. (6) Trucking operations, but not distribution (b) Required conditions and policies of a centers. conditional use permit. The burden of proof demonstrating compliance with the following (7) Trade schools. criteria shall be the responsibility of the applicant. CD6:149 M Iq § 6.12.3920 ORONO CODE In determining whether to approve or deny a (6) Mechanical and utility equipment, conditional use permit, the city council and provided such equipment does not occupy planning commission shall find that the a required yard adjacent to a street, and conditional use permit complies with the follow- is fully screened from view of the public ing criteria: right-of-way. (1) Comprehensive plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official comprehensive plan of the city. (2) Compatibility. The proposed use is compat- ible with adjacent present and future anticipated land uses. (3) Performance standards. The proposed use conforms with all applicable performance standards contained in this division. (4) No depreciation in value. The proposed use will not tend to or actually depreciate the area in which it is proposed. (5) Nuisance. Nuisance characteristics gener- ated by the use will not have an adverse effect upon existing and future develop- ment in adjacent areas. (6) Economic return. The use will provide an economic return to the community and be commensurate with other industrial uses for which the property could feasibly be used. In considering the economic return to the city, the planning commis- sion and city council may give weight to the sociological impact of proposed use, both positive and negative. (Code 2003, § 78-823; Ord. No. 32(3rd series), § 2, 3-27-2006; Ord. No. 310(3rd series), § 2, 12-9-2024) Sec. 6.12.3930. Accessory uses. Within an I Industrial District, the only permit- ted accessory uses and structures are the follow- ing: (1) Fences. (2) Landscaping and decorative features. (3) Off-street loading. (4) Off-street parking. (5) Signs. (7) Telecommunication reception/transmis- sion devices. a. Accessory antennas. Accessory anten- nas shall be limited to radio and television receiving antennas, satel- lite dishes, TVROs, and amateur shortwave radio transmitting and receiving antennas. Accessory anten- nas that are accessory to the principal use of the property are permitted accessory uses in all zoning districts, provided they meet the following conditions: 1. Height. A ground mounted accessory antenna shall not exceed 20 feet in height from ground level. 2. Yards. Accessory antennas shall not be located within the required front yard setback, corner side yard setback or side yard setback abutting a street. 3. Roofs. If vegetation or obstruc- tions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises. 4. Setback. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. 5. Building permits. A building permit shall be required for CD6:150 le Iq LAND USE the installation of any acces- sory antenna requiring a conditional use permit. Build- ing permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The building official must approve the plans before instal- lation. 6. Lightning protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 7. Electrical code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. 8. Color/content. Accessory anten- nas shall be of a neutral color and shall not be used as sig- nage. b. Amateur shortwave radio antennas and towers. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts provided they meet the fol- lowing conditions: Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. 2. Yards. Amateur shortwave radio antennas and towers shall not be located within a front, corner side, or side yard. § 6.12.3940 Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. (8) Other uses that are customarily incidental to, and subordinate to, the allowed permit- ted and conditional uses in this district. (Code 2003, § 78-824; Ord. No. 32(3rd series), § 2, 3-27-2006; Ord. No. 106(3rd series), § 19, 6-10-2013) Sec. 6.12.3940. Lot area, height, setbacks, and lot coverage. (a) Within an I Industrial District, the follow- ing requirements shall apply: (1) Minimum lot requirements: 40,000 square feet. (2) Minimum building area: 10,000 square feet. (3) Lot width: 200 feet. (4) Building setbacks (principal and acces- sory): a. Front yard setback: 35 feet. b. Side yard setback, abutting a major street: 35 feet. This setback applies to side yards adjacent to Wayzata Boulevard and Old Crystal Bay Road. C. Side yard setback, abutting a minor street: 20 feet. This setback applies to side yards adjacent to all other roads, public or private, within the I Industrial District. d. Side yard setback, interior: ten feet. e. Rear yard setback: 20 feet. (5) Building height: No structure or building shall exceed 40 feet in height except as provided in section 6.12.6710. (6) Lot coverage: Not more than 35 percent of parcels of three acres or less may be covered by buildings or structures. CD6:151 W) U) le § 6,12.3940 ORONO CODE (b) Not more than 45 percent of parcels may be covered by buildings or other structures; except that when the total building floor area on a site is contained within a single building, and when the total area used for loading terminals, docks and berths is completely enclosed within the same single building, a lot coverage of not more than 60 percent will be permitted. (Code 2003, § 78-825; Ord. No. 32(3rd series), § 2, 3-27-2006; Ord. No. 94(3rd series), § 4, 9-24-2012; Ord. No. 173(3rd series), § 17, 6-27- 2016) Sec. 6.12.3950. Building design and construction. In addition to other restrictions of this chapter, the use, construction, alteration or enlargements to any buildings or structure within this district shall meet the following standards: (1) Rooftop equipment. Rooftop equipment shall be screened from view from the ground at the property line with vertical extensions of the building walls or with parapets or other architectural design features of the same materials used on the walls of the building. Where the topography permits, it is desirable to screen such equipment from adjacent property, but it is not the intent of this requirement to increase the height of the screening significantly above that of the equipment in order to screen it from view from tall buildings or from higher ground. (2) Form, scale and proportion. The form and proportion of buildings shall be consistent or compatible with the scale, form and proportion of existing develop- ment in the immediate area. (3) Unusual buildings. The use of unusual shapes, color and other characteristics that cause new buildings to call exces- sive attention to themselves and create disharmony shall be avoided. (4) Mass and voids. The rhythm of structural mass to voids, such as windows and glass doors, of a front fagade should relate to the rhythms established in adjacent build- ings. (5) Long fagades. Where large structures with overly -long fagades (walls) are proposed, such as warehouses, building mass should be articulated with varia- tions in the building plane and parapet height and through the use of other unique design or site plan features. (6) Architectural design. Architectural design should create harmony through the use of different textures, complementary colors, shadow lines and contrasting shapes. The use of walls in a single color, with little detailing or completely blank is discouraged. (7) Monotony. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest. (8) Roofs. Careful consideration of durable materials, proportions and shapes, emphasizing the importance of roofs as integral and embracing elements of the over-all design, is particularly important. (9) Materials. Use of substantial amounts of high quality masonry materials (face brick, stucco, stone) is encouraged. Build- ings shall be constructed with no less than 67 percent of these materials, exclud- ing window and door areas. Architectural concrete panels and rock faced concrete block may comprise a maximum of 33 percent of the exterior materials used on the building. The 67 percent threshold may be reduced, or the 33 percent threshold exceeded, only by conditional use permit for alternative materials. The city council shall consider the architectural quality and whether the proposed build- ing exceeds the various requirements of this section in deciding whether or not to grant a conditional use permit for alterna- tive materials. The use of aluminum siding, metal ribbed panels and extensive mirrored glass surfaces is discouraged except as accent materials. Evaluation of building materials shall be based on the CD6:152 LAND USE quality of its design and relationship and compatibility to building materials in the immediate neighborhood. (10) Design uniformity. Architectural treat- ments (e.g., building materials, colors, fagade design, roof lines, screening) shall be consistent and compatible on all sides. Treatment that is uniform on all sides will be deemed to meet the requirements of this principle. Adjacent land uses, visibility from public streets and use of screening devices (walls, fences, berms, landscaping) are criteria to be considered when varying this treatment. The applicant will have the burden of demonstrating the reasons for differing treatment on different sides (e.g., the need for truck access on one side and pedestrian access on another). (Code 2003, § 78-826; Ord. No. 32(3rd series), § 2, 3-27-2006) Sec. 6.12.3960. Off-street parking. (a) General provisions. If any increase in the size, or changes in the uses, of such an existing principal use is made beyond the size or for other than the uses above allowed, then additional off-street parking spaces shall be provided pursu- ant to this section, but only for the additional spaces resulting from the increase in size or changes in uses. (b) Number of uses. The required number of off-street parking spaces shall be located on the same lot as the principal use or on an adjacent lot under the control of the owner of the principal use. For purposes hereof, control may be derived from ownership or by lease or easement continu- ing for a period of not less than 25 years. In the alternative, the city council may approve off -site parking for a period coterminous with the build- ing lease. The required parking spaces shall not be separated from the principal use building by a street. Seventy-five percent of all required spaces shall be located within 500 feet of the entrances to the principal use building and 100 percent shall be within 1,000 feet. § 6.12.3960 (c) Setbacks. (1) Exposed parking spaces or drive aisles (except that portion of the driveway cross- ing the public right-of-way to give access to the street) shall be located within the following setbacks: a. Major street: 20 feet. This setback applies to side yards adjacent to Wayzata Boulevard and Old Crystal Bay Road. b. Minor street: ten feet. This setback applies to side yards adjacent to all other roads, public or private, within the I Industrial District. C. Rear lot line: ten feet. Within adjoin- ing industrial developments, private access, truck circulation area, and undivided parking areas may be permitted, provided that each individual parcel meets all other district requirements. d. Interior side lot line: ten feet. (2) Parking, truck circulation area, and drive aisles shall be set back a minimum of ten feet from all buildings to provide a space for landscaping and sidewalks. Parking, truck circulation, and drive aisles may be located directly adjacent to buildings in rear and side yards which do not abut public streets, and where the property owner demonstrates that the proposed parking area will be fully screened from view of the public right-of-way. (d) Required parking. (1) Automobile service centers: one space for each 400 square feet of leasable area, plus one space for each employee on the maximum work shift. (2) Offices, medical and dental laboratories, business or professional offices: one space per 200 square feet. (3) Multitenant industrial buildings: one space for each 400 square feet of gross CD6:153 ti Iq § 6,12.3960 ORONO CODE floor area, or the sum of the component gross floor areas as follows, whichever is greater: a. One space for each 200 square feet of office space. b. One space for each 2,000 square feet of warehouse space. C. One space for each 300 square feet of manufacturing, processing, packaging, treatment and assembly space. d. One space for each 500 square feet of space containing machines and equipment for conducting scientific research, testing or experimenta- tion. (e) Floor area. The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use times the number of floors, minus ten percent. (f) Computation. When determining the number of off-street parking spaces, any fraction of a number shall constitute an additional space. (g) Snow storage in parking stalls. Provision shall be made in the parking area for adequate snow storage or removal in order to ensure that the required number of spaces is available at all times during the year. (h) Circulation. Traffic circulation systems shall be designed to accommodate anticipated traffic demands. Vehicular traffic generated by industrial uses shall be channeled and controlled in a manner which will avoid congestion or interference with other vehicular transportation systems and pedestrians and which will avoid creating traffic hazards and excessive traffic. (i) Parking size. Each parking space shall have a minimum width of nine feet and a minimum depth of 20 feet exclusive of aisle and maneuvering space. 0) Curb cut size. No curb cut access shall exceed 24 feet in width unless approved by the city engineer. (k) Grade. The grade elevation of any parking area or driveways shall not exceed four percent. (1) Surfacing. Except as otherwise determined by the city council, all industrial uses shall have customer parking areas and driveways which are surfaced with asphalt. (m) Lighting. Any lighting used to illuminate an off-street parking area shall be hooded and so arranged as to reflect the light away from adjoin- ing property, abutting residential uses, and public rights -of -way. (n) Required screening. All open off-street park- ing areas of five or more spaces shall be screened with landscaping and/or other materials from abutting or surrounding residential districts. (o) Landscaped islands. A minimum of one landscaped parking island per 20 parking stalls shall be required within any industrial use. Areas meeting the conditions listed in subsection (c)(2) of this section which are proposed for truck circulation, but converted to parking per a plan approved by the city shall be exempt from this provision. (p) Signs. No signs shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot or driveway. All signs shall be in conformance with section 6.12.7120. (q) Deferment of parking. A reduction in the number of required parking stalls may be permit- ted by a conditional use permit as outlined in section 6.12.3920, provided that the following conditions are met: (1) Evidence is provided demonstrating that the parking requirements of the proposed use will be less than the parking required under this section during the peak demand period. Factors to be considered when reviewing the proposed parking demand shall include, but not to be limited to: a. Size, type, and use of building. b. Number of employees. C. Projected volume and turnover of employees. CD6:154 LAND USE § 6.12.3980 d. Projected frequency and volume of part thereof. Loading berth shall be 55 delivery or service vehicles. feet in length, 14 feet in width, and 15 e. Number of company vehicles. feet in height. f. Storage of vehicles on the site. (2) In no case shall the amount of parking provided be less than one-half to the amount of parking required by the ordinance. (3) The property owner can demonstrate that the site has sufficient property under the same ownership to accommodate the expansion of the parking facilities to meet the minimum requirements of this section if the parking demand exceeds on -site supply. (4) On -site parking shall only occur in areas designed and constructed for parking in accordance with this section. The area reserved as proof -of -parking shall be sodded or seeded and maintained as green space. No permanent buildings shall be permitted in the proof -of -parking area. (5) The conditional use permit approving parking deferral under this section shall be recorded per city practice, providing that additional parking shall be constructed in accordance with this sec- tion. (6) To qualify for a parking deferment, the site must comply with all current zoning requirements. (Code 2003, § 78-827; Ord. No. 32(3rd series), § 2, 3-27-2006) Sec. 6.12.3970. Loading. In addition to other restrictions of this chapter, all loading or unloading into or out of trucks in excess of three -fourths ton capacity shall be conducted at facilities specifically designed and designated for that purpose. Those facilities, designated as loading facilities, shall be subject to the following regulations: (1) A minimum of one loading berth per 50,000 square feet of gross floor area or (2) All loading docks shall be located within the perimeter of the principal or acces- sory building and shall be completely enclosed except for the opening needed for access to a vehicle during the time it is standing at a berth. (3) No loading facility shall be located within the required front street or side street setback for the principal building or within ten feet of an interior side lot line or rear lot line. (Code 2003, § 78-828; Ord. No. 32(3rd series), § 2, 3-27-2006) Sec. 6.12.3980. Landscaping. (a) General provisions. Where any industrial use abuts a property zoned for residential use, the industry shall provide screening of the park- ing areas along the boundary of the residential property. Screening of such parking areas shall also be provided where a business or industry is directly across the street from a residential zone. (b) Fencing. All fences shall be placed within the property being fenced. (1) Fences extending across a required front yard or required side yard which abut a street on a corner lot shall be at least 75 percent open for a passage of air and light and shall maintain the traffic vis- ibility. (2) Industrial fences shall not exceed eight feet in height. (c) Minimum number of plantings. Industrial districts shall contain, at a minimum the greater of two trees per 1,000 square feet of gross floor area or two trees per 40 lineal feet of site perimeter whichever is greater. (d) Minimum planting size. All landscaping incorporated in said plan shall conform to the following standards and criteria. All plants must at least equal the following minimum size: All trees shall be balled and burlapped (B&B) and shrubs shall be container grown unless otherwise CD6:155 § 6.12.3980 ORONO CODE approved by city staff. Type and mode of plant- ing are dependent upon time of planting season, availability, and site conditions (soils, climate, ground water, irrigation, grading, etc.). (1) Shade trees: 1.5 to two inches. (2) Ornamental trees: one inch. (3) Coniferous trees: four to six feet. (4) Large deciduous tree: two to four feet. (5) Large coniferous shrubs: two to four feet. (6) Small deciduous shrubs: 18 to 24 inches. (7) Small coniferous shrubs: 18 to 24 inches. (e) Spacing. (1) (2) (3) Plant material centers shall not be located closer than three feet from the property line and shall not be planted to conflict with public plantings based on the judg- ment of the zoning administrator. Where plant materials are planted in two or more rows, plantings shall be staggered in rows unless otherwise approved by the zoning administrator. Where plants or screening is intended, large deciduous and coniferous shrubs shall not be planted more than four feet on center. (f) Types of new trees. Plantings, suitable trees include, but are not limited to, the follow- ing: (1) Oak. (2) Red maple. (3) Sugar maple. (4) Hackberry. (5) Birch. (6) Honey locust. (7) Littleleaf linden. (8) American linden. (9) Green ash. (10) Ginkgo. (11) Kentucky coffee tree. (g) Design. The landscape plan must show some form of designed site amenities (i.e., composi- tion of plant materials, and/or creative grading, decorative lighting, exterior sculpture, etc., which are largely intended for aesthetic purposes). All areas within the property lines (or beyond, if side grading extends beyond) shall be treated. All exterior areas not paved or designated as drives, parking or storage, must be planted with ornamental vegetation (lawns, ground covers or shrubs) unless otherwise approved by the zoning administrator. (h) Seeding and sod. Seeding may be used when the city determines sod is not practical or desirable such as, but not limited to, open spaces, sites that are rough graded and areas that cannot be developed (such as those located within a power line easement). (i) Slopes and berms. Slopes that are to be maintained as turf in excess of 2:1 are prohibited unless approved by the zoning administrator. All berms must incorporate trees and plantings into the design. In no situation shall berms be used as the sole means of screening. (j) Ground areas under building roof overhangs. All ground areas under the building roof overhang must be treated with a decorative mulch and/or foundation planting. (k) Detention ponds. Stormwater ponds shall be landscaped with an average of a ten -foot buffer strip of shade and ornamental trees, evergreens, shrubbery, natural grasses, ground cover and/or other plant materials to provide an aesthetically appealing setting. This landscap- ing plan shall be in addition to the required landscaping. (1) Irrigation systems. All principal use structures shall provide an exterior water supply for use in landscape purposes. The exceptions to this are one- and two-family dwellings and addi- tions to existing structures equal to or less than ten percent of the square feet of the existing structure. CD6:156 0 co LAND USE (m) Landscape guarantee. All new plants shall be guaranteed for two full years from the time planting has been completed. All plants shall be alive and in satisfactory growth at the end of the guarantee period or be replaced. (Code 2003, § 78-829; Ord. No. 32(3rd series), § 2, 3-27-2006) Sec. 6.12.3990. Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the council, and those plans shall be reviewed by the city engineer before submission to the planning commission and the council for approval. Such runoff may be required to be properly channeled into a natural watercourse, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff, whether onto adjacent property or otherwise, must be in compli- ance with the surface water management plan and shall be consistent with other applicable regulations of provisions of this Code and subject to the approval of other agencies having jurisdic- tion over the area affected by the drainage. (Code 2003, § 78-830; Ord. No. 32(3rd series), § 2, 3-27-2006) Sec. 6.12.4000. Lighting. Any lighting used to illuminate a structure, an off-street parking area, or other area in an industrial district shall be arranged so as to deflect light away from any adjoining residential property or from any public right-of-way. All lighting shall be installed in accordance with the following provisions: (1) Lighting cutoff. The luminaire shall contain a cutoff which directs and cuts off the light at an angle of 90 degrees or less. § 6.12.4010 feature globes that are not shielded or lighting of entire facades or architectural features of a building may be approved by the city council. In no case shall the light affect adjacent property in excess of the maximum intensity. (4) Light poles. All light poles shall be of a dark color. Light colored light poles shall be prohibited. (5) Height of source and pole. The maximum height of the fixture and pole above the ground grade permitted for light sources is 30 feet. A light source mounted on a building shall not exceed the height of the building. In no case shall the height of a light source mounted on a pole or on a building exceed the height limits of the zoning district in which the use is located unless allowed by conditional use permit. (6) Intensity. No light source or combination thereof which casts light on a public street shall exceed one foot-candle (meter reading) as measured from the right-of- way of said street nor shall any light source or combination thereof which casts light on adjacent residential property exceed four -tenths (0.4) foot candles (meter reading) as measured at the property line. (7) Location. The light source of an outdoor light fixture shall be set back a minimum of ten feet from a street right-of-way and five feet from an interior side or rear lot line. (8) Hours. The use of outdoor lighting for parking lots shall be turned off one hour after closing except for approved security lighting. (Code 2003, § 78-831; Ord. No. 32(3rd series), § 2, 3-27-2006) (2) Lighting adjacent property. Lighting Sec. 6.12.4010. Signage. sources shall not be permitted so as to All signs shall conform to the sign standards light adjacent property in excess of the of article X, division 4 of this chapter. maximum intensity. (Code 2003, § 78-832; Ord. No. 32(3rd series), (3) Architectural/historical light fixtures. § 2, 3-27-2006; Ord. No. 2015(3rd series), § 2, Architectural/historical light fixtures that 9-10-2018) CD6:157 § 6.12.4040 ARTICLE V. CONDITIONAL USES Division 1. Generally (Reserved) Division 2. Permits' Sec. 6.12.4040. Purpose. ORONO CODE In order to give the district use regulation the flexibility necessary to achieve the objectives of this chapter, in certain districts, conditional uses are permitted, subject to the granting of a use permit. Conditional uses include those uses gener- ally not suitable in a particular zoning district, but which may under some circumstances be suitable. When such circumstances exist, a conditional use permit may be granted. Condi- tions may be applied to issuance of the permit, and a periodic review of the permit may be required. The permit shall be issued for a particular use and not for a particular person. Because of their unusual characteristics, conditional uses require consideration so they may be located properly with respect to the objectives of this chapter and the comprehensive municipal plan and with respect to their effects on surrounding properties. In order to achieve these purposes, the council is empowered to grant and to deny applications for conditional use permits and to impose reasonable conditions upon the granting of these permits. (Code 1984, § 10.09(1); Code 2003, § 78-911) Sec. 6.12.4050. Reference to planning com- mission. Before the council may grant conditional use permits for such conditional uses as prescribed in the district regulations of this chapter, the request shall be referred to the planning commis- sion for study concerning the effect of the proposed use on the ordinance and on the character and development of the neighborhood and for recom- mendation in regard to granting such conditional use and its conditions, if any, or for the denial of *State law reference —Conditional use permits, Minn. Stats. § 462.3595, such conditional use. The council may by unanimous action waive reference to the plan- ning commission. (Code 1984, § 10.09(2); Code 2003, § 78-912) Sec. 6.12.4060. Application. Whenever this chapter requires a conditional use permit, an application in writing may be filed with the zoning administrator, together with such filing fee as may be established by the council and shall be accompanied by a site plan and such information and showing as may be necessary or desirable, including, but not limited to, the following: (1) Site plan drawn at scale dimensions with setbacks noted. (2) Location of all buildings, heights and square footage. (3) Curb cuts, driveways, parking spaces. (4) Off-street loading areas. (5) Drainage plan. (6) Type of business, proposed number of employees by shift. (7) Proposed floor plan with use indicated and building elevations. (8) Sanitary sewer and water plan with estimated use per day. (9) A lighting plan showing the lighting of parking area, walks, security lighting and driveway entrance light. (10) A landscape plan with a schedule of the plantings. (11) An abstractor's certified property certificate showing the property owners within 500 feet of the outer boundaries of the property in question. (Code 1984, § 10.09(3); Code 2003, § 78-913; Ord. No. 210(3rd series), § 13, 6-25-2018) Sec. 6.12.4070. Failure of planning com- mission to act. If no recommendation is transmitted by the planning commission within 60 days after refer- CD6:158 N CD Iq LAND USE ral of the application for conditional use to the commission, the council may take action without further awaiting such recommendation. (Code 1984, § 10.09(4); Code 2003, § 78-914) Sec. 6.12.4080. Hearings and notice. The planning commission or council may hold a public hearing on each application for a conditional use permit as required by section 6.12.280. At the public hearing the planning commission or the council shall review the applica- tion and the statements and drawings submitted with the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. Any party may appear at the hearing in person or by agent or attorney. Subject to such limitations as may be imposed by the council, the planning commission or the council may adopt rules for the conduct of proceed- ings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The city shall provide for a record of the proceedings, which shall include the minutes of the meetings, the findings, and the action taken on each matter heard, including the final action. (Code 1984, § 10.09(5); Code 2003, § 78-915; Ord. No. 210(3rd series), § 14, 6-25-2018) State law reference —Conditional use permit hearings, Minn. Stats. § 462.3595, subd. 2. Sec. 6.12.4090. Granting of permit. (a) The planning commission may recom- mend and the council may grant a conditional use permit as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: (1) Consistent with the community manage- ment plan; (2) Compliant with the zoning code, includ- ing any conditions imposed on specific uses as required by article V, division 3 of this chapter; (3) Adequately served by police, fire, roads, and stormwater management; § 6.12.4090 (4) Provided with an adequate water supply and sewage disposal system; (5) Not expected to generate excessive demand for public services at public cost; (6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; (7) Consistent with the character of the sur- rounding area, unless a change of character is called for in the community management plan; (8) Compatible with the character of build- ings and site improvements in the sur- rounding area, unless a change of character is called for in the community management plan; (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surround- ing uses; (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; (12) Not cause excessive nonresidential traf- fic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic conges- tion, or unsafe access; (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; and (15) Not detrimental to the public health, public safety, or general welfare. CD6:159 § 6.12.4090 ORONO CODE (b) A conditional use permit may be granted subject to such conditions as the council may prescribe. (c) A conditional use permit shall remain in effect as long as the conditions imposed by the city council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. (d) A certified copy of any conditional use permit shall be filed with the county recorder or registrar of titles. The conditional use permit shall include the legal description of the property included. (Code 1984, § 10.09(6); Code 2003, § 78-916; Ord. No. 77(3rd series), § 1, 7-12-2010) Sec. 6.12.4100. Denial of permit. The council shall set forth contemporaneously in writing and in detail all the reasons for the denial of the conditional use permit application. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of six months from the date of denial, except on grounds of new evidence or proof of changes of conditions found to be valid by the planning commission. (Code 1984, § 10.09(7); Code 2003, § 78-917) Sec. 6.12.4110. Lapse of permit. A conditional use permit shall lapse one year following the date on which it became effective unless prior to that time a building permit is issued by the building inspector and construc- tion is commenced and pursued toward comple- tion on the site which was the subject of the conditional use permit application. A conditional use permit may be renewed for an additional period of one year provided the request is filed prior to the expiration of one year from the date when the use permit is filed with the zoning administrator. The council may grant or deny an application for renewal of a conditional use permit. In no case shall more than three, one year extensions be granted. (Code 1984, § 10.09(8); Code 2003, § 78-918; Ord. No. 153(3rd series), § 4, 8-10-2015) Sec. 6.12.4120. Lapse of use. Should a conditional use permit lapse or cease for a period of six months, future use shall be in conformance with the terms of this chapter unless such lapse or cessation is determined to be due to illness, natural disaster or acts of war. (Code 1984, § 10.09(9); Code 2003, § 78-919) State law reference —Conditional use permit duration, Minn. Stats. § 462.3595, subd. 3. Sec. 6.12.4130. Conditional use permits for nonconforming uses. All nonconforming uses actually and legally existing on December 1, 1974, shall be issued a conditional use permit upon application not later than January 1, 1976. Such conditional use permit shall allow the continuation of the nonconforming use to the same extent and degree as then existing on December 1, 1974. Such permits shall be granted without application fee, and the council shall be limited in such permits to the full and accurate statements of the condi- tions pertaining to the existing uses. Such permits shall not be subject to periodic review. (Code 1984, § 10.09(10); Code 2003, § 78-920) Sec. 6.12.4140. Conditional use permit review. The city hereby reserves the right to inspect the premises where a conditional use permit has been issued, after receiving permission from the property owner or receiving the appropriate court order, to ensure compliance with the provi- sions of this division or and conditions imposed. Conditional use permits shall not be subject to periodic council review for the purpose of change or revocation unless such a review is one of the conditions of the original permit or unless the actual land use is determined to be in violation of the terms of the permit. (Code 1984, § 10.09(11); Code 2003, § 78-921; Ord. No. 192(3rd series), § 1, 4-10-2017) Sec. 6.12.4150. Unlawful act. It is unlawful to violate any condition of a conditional use permit. (Code 1984, § 10.09(12); Code 2003, § 78-922) CD6:160 LAND USE Division 3. Requirements for Specific Uses Sec. 6.12.4180. Conditional use permit for essential services. A conditional use permit is required for all structures, including utility poles and rights -of - way, which are an integral part of a system for public transportation as for transmitting power, water, heat, communications, gas or sewage by any public utility. The council shall grant a conditional use permit only after a showing that the public safety, health and welfare will not be harmed by the essential services. Personal wire- less services and commercial broadcasting anten- nas and towers shall not be considered essential services. (Code 1984, § 10.03(17); Code 2003, § 78-946; Ord. No. 161(2nd series), § 2, 6-7-1997) Sec. 6.12.4190. Commercial recreation. A conditional use permit is required for com- mercial recreation uses. The council shall grant a conditional use permit only after the applicant demonstrates that public safety, health and welfare will not be negatively affected by the use, in particular the use will not create traffic congestion, interfere with the operation of adjacent uses, and create an unreasonable demand for public safety services. If a commercial use is part of a multitenant building, any exterior alteration shall be compatible with the architectural style of the building. Such conditional use permit may include conditions to mitigate potential adverse effects on adjacent uses, including, but not limited to, restricting the hours of operation and total floor area of the use. (Code 2003, § 78-949; Ord. No. 47(3rd series), § 4, 7-28-2008) ARTICLE VI. PLANNED UNIT DEVELOPMENT (PUD) Sec. 6.12.4210. Authorization. § 6.12.4220 (2) Sensitivity. Through the departure from the strict application of required setbacks, yard areas, lot sizes, minimum house sizes, minimum requirements, and other performance standards associated with conventional zoning, which can maximize the development potential of land while remaining sensitive to its unique and valuable natural characteristics. (3) Efficiency. The consolidation of areas for recreation and reductions in street lengths and other utility related expenses. (4) Density transfer. The project density may be clustered, basing density on number of units per acre versus specific lot dimen- sions. (5) District integration. The combination of uses which are allowed in separate zoning districts, such as: a. Mixed residential allows both densi- ties and unit types to be varied within the project. b. Mixed residential with increased density acknowledging the greater sensitivity of PUD projects; regula- tion provides increased density on the property if a PUD is utilized. C. Mixed land uses with the integra- tion of compatible land uses within the project. (6) Applicability. Utilization of this zoning district is limited to the Highway 12 Corridor as set forth in the city's comprehensive plan amendment No. 2, adopted May 23, 1988; and to the Navarre area as set forth in the city community management plan adopted September 13, 2010. (Code 1984, § 10.53(1); Code 2003, § 78-1001; Ord. No. 132(3rd series), § 1, 1-26-2015) Sec. 6.12.4220. Allowed uses. Planned unit development authorization may Uses within the PUD may include only those allow the following: uses designated on the official comprehensive (1) Variety. Within a comprehensive site land use plan. Specific allowed uses and design concept a mixture of land uses, performance standards for each PUD shall be housing types and densities. delineated in an ordinance and development CD Iq § 6.12.4220 ORONO CODE plan. The PUD development plan shall identify all the proposed land uses, and those uses shall become permitted uses with the acceptance of the development plan. Any change in list of uses presented in the development plan will be considered an amendment to the PUD and will follow the procedures specified in section 6.12.4250. (Code 1984, § 10.53(2); Code 2003, § 78-1002) Sec. 6.12.4230. Required standards. (a) For the purpose of administering this article, the city shall apply the standards contained in the conventional zoning district that is most similar to the proposed develop- ment. In the event of mixed -use developments, the zoning administrator shall determine the appropriate underlying zoning standards, subject to the approval of the city council. (b) The city shall consider the proposed PUD from the point of view of all standards and purposes of the comprehensive land use plan to achieve a maximum coordination between the proposed development and the surrounding uses, the conservation of woodlands and wetlands, the protection of health, safety and welfare of the community and residents of the PUD. To these ends, the city council shall consider: (1) The location of the buildings, compat- ibility, parking areas and other features with respect to the topography of the area and existing natural features such as streams and large trees; (2) The efficiency, adequacy and safety of the proposed layout of internal streets and driveways; (3) The adequacy and location of green areas; (4) The adequacy, location and screening of parking areas; and (5) Such other matters as the council may find to have a material bearing upon the stated standards and objectives of the comprehensive land use plan. (Code 1984, § 10.53(3); Code 2003, § 78-1003) Sec. 6.12.4240. Coordination with subdivi- sion regulations. Subdivision review under chapter 6.20 shall be carried out simultaneously with the review of the PUD. The plans required under this article shall be submitted in a form which will satisfy the requirements of chapter 6.20 for the preliminary and final plat. (Code 1984, § 10.53(4); Code 2003, § 78-1004) Sec. 6.12.4250. Revisions and/or changes. (a) Minor changes in the location, placement and height of structures may be authorized by the development review committee if required by engineering or other circumstances not foreseen at the time the final plan was approved and filed with the zoning administrator. (b) Significant changes in the location, size or height of structures, any rearrangement of lots, blocks and building tracts, changes in the provi- sion of common open spaces, and all other changes to the approved final development plan may be made only after a public hearing conducted by the council. Any changes shall be recorded as amendments to the recorded copy of the final development plan. (c) All of the provisions of this chapter applicable to the original district within which the planned unit development district is established shall apply to the PUD district except as otherwise provided in approval of the final plan. (d) If substantial development has not occurred within a reasonable time after approval of the PUD zoning district as set forth in the developer's agreement, the city council may instruct the planning commission to initiate rezoning to the original zoning district. It shall not be necessary for the city council to find that the rezoning was in error. (Code 1984, § 10.53(5); Code 2003, § 78-1005) Sec. 6.12.4260. Phasing and guarantee of performance. (a) The planning commission shall compare the actual development accomplished in the various PUD zones with the approved develop- ment schedule. CD6:162 LAND USE (b) Upon recommendation of the planning commission and for good cause shown by the property owner, the council may extend the limits of the development schedule. (c) The construction and provision of all of the common open space and public and recreational facilities which are shown on the final develop- ment plan must proceed at the same rate as the construction of dwelling units, if any. The develop- ment review committee shall review all of the building permits issued for the PUD and examine the construction which has taken place on the site. If they find that the rate of construction of dwelling units is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, they shall forward this information to the council for action. (d) A letter of credit shall be required to guarantee performance by the developer. The amount of this letter of credit, and the specific elements of the development program that it is intended to guarantee, will be stipulated in the development agreement. (Code 1984, § 10.53(6); Code 2003, § 78-1006) Sec. 6.12.4270. Control of planned unit development following completion. (a) After the certificate of occupancy has been issued, the use of the land and the construction, modification or alteration of any buildings or structures within the planned development shall be governed by the final development plan. (b) After the certificate of occupancy has been issued, no changes shall be made in the approved final development plan except upon application as provided below: (1) Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the development review committee if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the cube of any building or structure by more than ten percent. § 6.12.4280 (2) Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved under section 6.12.4250. (3) Any other changes in the final develop- ment plan must be authorized by an amendment of the final development plan under section 6.12.4250. (Code 1984, § 10.53(7); Code 2003, § 78-1007) Sec. 6.12.4280. Procedure for processing a planned unit development. (a) Application conference. Upon filing of an application for PUD, the applicant of the proposed PUD shall arrange for and attend a conference with the zoning administrator. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather informa- tion and obtain guidance as to the general suitability of his proposal for the area for which it is proposed and its conformity to the provi- sions of this chapter before incurring substantial expense in the preparation of plans, surveys and other data. (b) Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the city showing his basic intent and the general nature of the entire development without incurring substantial cost. The plan shall include the following: (1) Overall maximum PUD density range. (2) General location of major streets and pedestrian ways. (3) General location and extent of public and common open space. (4) General location of residential and nonresidential land uses with approximate type and intensities of development. (5) Staging and time schedule of develop- ment. (6) Other special criteria for development. CD6:163 § 6.12.4280 M TM NeX410101 (c) Schedule. (2) General information. (1) The developer meets with the zoning a. The landowner's name and address administrator to discuss the proposed and his interest in the subject developments. property. (2) The applicant shall file the concept stage b. The applicant's name and address if application and preliminary plat, together different from the landowner. with all supporting data. C. The names and addresses of all professional consultants who have (3) Within 30 days after verification by the contributed to the development of zoning administrator that the required the PUD plan being submitted, plan and supporting data is adequate, including attorney, land planner, the planning commission shall hold a engineer and surveyor. public hearing. d. Evidence that the applicant has suf- (4) The planning commission shall conduct ficient control over the subject the hearing and report its findings and property to effectuate the proposed make recommendations to the city council. PUD, including a statement of all (5) The city may request additional informa- legal, beneficial, tenancy and tion from the applicant concerning contractual interests held in or affect - operational factors or retain expert ing the subject property and includ- testimony at the expense of the applicant ing an up-to-date certified abstract concerning operational factors. of title or registered property report, and such other evidence as the city (6) The council may hold a public hearing attorney may require to show the after the receipt of the report and recom- status of title or control of the subject mendations from the planning commis- property. sion. If the planning commission fails to (3) Present status. make a report within 60 days after receipt of the application, the city council may a. The address and legal description of proceed without the report. The council the property. may approve the concept plan and attach b. The existing zoning classification such conditions as it deems reasonable. and present use of the subject Approval shall require a four -fifths vote property and all lands within 1,000 of the entire council. feet of the property. (d) Development stage. Following general C. A map depicting the existing develop - concept approval, if given, the applicant shall ment of the property and all land submit the development stage application and within 1,000 feet of the property final plat. The application shall proceed and be and indicating the location of exist - acted upon in accordance with section 6.12.4250 ing streets, property lines, ease - for zoning district changes. If appropriate because ments, water mains and storm and of the limited scale of the proposal, the concept sanitary sewers, with invert eleva- stage and development stages may proceed tions on and within 100 feet of the simultaneously. property. (e) Applications; general concept stage. Ten d. A written statement generally copies of the following exhibits, analysis and describing the proposed PUD and plans shall be submitted to the city. the market which it is intended to serve and its demand showing its (1) Plat. Preliminary plat and information relationship to the city's required by chapter 6.20. comprehensive plan and how the CD6:164 LAND USE § 6.12.4280 proposed PUD is to be designed, 3. Area devoted to common open arranged and operated in order to space. permit the development and use of 4. Area devoted to public open neighboring property in accordance with the applicable regulations of space. the city. 5. Approximate area devoted to streets. e. Graphic reproductions of the exist- ing site conditions at scale of one 6. Approximate area devoted to, inch equals 100 feet. and number of, off-street park - ing and loading spaces and 1. Contours; minimum two -foot related access. intervals. 7. Approximate area and floor 2. Location, type and extent of area devoted to commercial tree cover. uses. 3. Slope analysis. 8. Approximate area and floor 4. Location and extent of water area devoted to industrial or bodies, wetlands and streams office use. and floodplains within 300 feet h. When the PUD is to be constructed of the property. in stages during a period of time 5. Significant rock outcroppings. extending beyond a single construc- 6. Existing drainage patterns. tion season, a schedule for the 7. Vistas and significant views. development of such stages or units shall be submitted stating the 8. Soil conditions as they affect approximate beginning and comple- development. tion date for each such stage or unit All of the graphics should be the and the proportion of the total PUD same scale as the final plan to allow public or common open space and easy cross reference. The use of dwelling units to be provided or overlays is recommended for clear constructed during each such state reference. and overall chronology of develop- f. Schematic drawing of the proposed ment to be followed from stage to development concept, including, but stage. not limited to, the general location i. When the proposed PUD includes of major circulation elements, public provisions for public or common open and common open space, residential space or service facilities, a state - and other land uses. ment describing the provision that g. A statement of the estimated total is to be made for the care and number of dwelling units proposed maintenance of such open space or for the PUD and a tabulation of the service facilities. proposed approximate allocations of j. Any restrictive covenants that are land use expressed in acres and as a to be recorded with respect to percent of the total project area, property included in the proposed which shall include at least the PUD. following: k. Schematic utilities plans indicating 1. Area developed to residential placement of water, sanitary and uses. storm sewers. 2. Area developed to residential 1. The city may excuse an applicant use by building type. from submitting any specific item of CD6:165 § 6.12.4280 ORONO CODE information or document required in this stage which it finds to be unnecessary to the consideration of the specific proposal. in. The city may require the submis- sion of any additional information or documentation which it may find necessary or appropriate to full consideration of the proposed PUD. (f) Applications: development stage. Develop- ment stage submissions should depict and outline the proposed implementations of the general concept stage for the PUD. Information from the general concept stage may be included for background and to provide a basis for the submit- ted plan. The development stage submissions shall include but not be limited to: (1) A final plat and information required by chapter 6.20. (2) Ten sets of preliminary plans drawn to a scale of not less than one inch equals 100 feet (or scale requested by the administra- tor) containing at least the following information: a. Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat theretofore recorded in the county where the subject property is situated). b. Property boundary lines and dimen- sions of the property and any significant topographical or physi- cal features of the property. C. The location, size, use and arrange- ment, including height in stories and feet and total square feet of ground area coverage and floor area of proposed buildings, and existing buildings which will remain, if any. d. Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circula- tion elements, including bike and pedestrian; and the total site cover- age of all circulation elements. e. Location, designation and total area of all common open space. f. Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities. g. Proposed lots and blocks, if any, and numbering system. h. The location, use and size of structures and other land uses on adjacent properties. i. Detailed sketches and provisions of proposed landscaping. j. General grading and drainage plans for the developed PUD. k. Any other information that may have been required by the planning commission or the council in conjunc- tion with the approval of the general concept plan. (3) An accurate legal description of the entire area within the PUD for which final development plan approval is sought. (4) A tabulation indicating the number of residential dwelling units and expected population. (5) A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity (e.g. drugstore, dry cleaning, supermarket). (6) Preliminary architectural typical plans indicating use, floor plan, elevations and exterior wall finishes of proposed build- ings, including mobile homes. (7) A detailed site plan, suitable for record- ing, showing the physical layout, design and purpose of all streets, easements, rights -of -way, utility lines and facilities, lots, block, public and common open space, general landscaping plan, structures, including mobile homes, and uses. (8) Preliminary grading and site alteration plan illustrating changes to existing CD6:166 0 ti LAND USE topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan. (9) A preliminary plat prepared in accordance with chapter 6.20. (10) A soil erosion control plan acceptable to watershed districts, department of natural resources, soil conservation service, or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures. (Code 1984, § 10.53(8); Code 2003, § 78-1008; Ord. No. 210(3rd series), § 15, 6-25-2018) Sec. 6.12.4290. Planned unit development No. 2—Dunbar PUD. (a) Legal description. PUD No. 2 is legally described as Lots 1 and 2, Block 1, Orono Ambar, Hennepin County, Minnesota. (b) Referenced individually. Lot 1, Block 2, Orono Ambar, when referenced individually, shall be hereinafter referred to as PUD No. 2A. Lot 2, Block 1, Orono Ambar, when referenced individu- ally, shall be hereinafter referenced as PUD No. 2B. (c) Incorporated herein by reference. The Dunbar PUD plans attached as exhibits to the PUD No. 2A and 2B agreements, on file in the office of the zoning administrator under File #2640/2641, are incorporated by reference as if set out in full. (d) Allowable uses. The uses allowed in the PUD are as follows: (1) Uses allowed in PUD No. 2A are any permitted or accessory uses allowed in the B-6 Highway Commercial District. (2) Uses allowed in PUD No. 2B include the following: a. Senior independent living housing, limited to one building, subject to the performance standards of the RPUD zoning district and as further limited within city council Resolu- tion No. 4704 and the PUD 2B § 6,12.4300 agreement on file in the office of the zoning administrator under File #2640/2641. b. Any accessory use as regulated in the RPUD district, except as further limited within city council Resolu- tion No. 4704 and the PUD 2B agreement on file in the office of the zoning administrator under File #2640/2641. (e) Development standards. Development standards shall be as indicated on the approved PUD general development plan as documented within city council Resolution No. 4704 and the PUD 2A and PUD 2B agreements on file in the office of the zoning administrator under File #2640/2641. (Code 2003, § 78-1009; Ord. No. 207(2nd series), § 3(10.53(9)), 10-22-2001) Sec. 6.12.4300. Planned unit development No. 4—Dahlstrom Develop- ment Corporation PUD. (a) Legal description. PUD No. 4 is legally described as Lots 1 through 46, inclusive, Block 1; Lots 1 through 10 inclusive, Block 2; and Outlots A, B, C, D, E, F, G, H, I, J and K, Stonebay, Hennepin County, Minnesota. (b) Incorporated herein by reference. The Dahl- strom Development, LLC PUD plans attached as exhibits to the PUD No. 4 agreement, on file in the office of the planning director under File #02-2789/02-2840, are incorporated by reference as if set out in full. (c) Allowable uses. The uses allowed in the PUD are as follows: (1) Outlots A and D, Stonebay, are platted as outlots for future development in accordance with the uses guided within the 2000-2020 Orono Community Management Plan (CMP), and may not be used until such time that they have been rezoned via the planned unit develop- ment process and platted into buildable lots. CD6:167 ti § 6.12.4300 ORONO CODE (2) Outlots B and C, Stonebay, are platted as outlots for stormwater management and utility purposes, and trail purposes only. (3) Lots 1 through 46, inclusive, Block 1; Lots 1 through 10, inclusive; and Outlots E, F, G, H, I, J and K, Stonebay, are platted to be used for multifamily dwell- ing purposes subject to the provisions and standards of the RPUD district and as further limited within city council Resolution No. 4915 and the PUD No. 4 agreement on file in the office of the planning director under File #02-2789/02- 2840. Outlots E, F, G and H shall not be developed for the approved uses until completion of final platting into lots and blocks. (d) Development standards. Development standards shall be as indicated on the approved PUD general development plan as documented within city council Resolution No. 4915 and the PUD No. 4 agreement on file in the office of the planning director under File #02-2789/02-2840. (Code 2003, § 78-1010; Ord. No. 225(2nd series), § 3(10.53(11)), 5-12-2003) ARTICLE VII. HIGHWAY 12 CORRIDOR STUDY AREA Division 1. Generally (Reserved) Division 2. Special Requirements for Rezoning Sec. 6.12.4410. Minimum area. To ensure consistency with the goals and objectives of the Highway 12 Corridor Study, applications for rezoning within the study area must include a minimum of five acres, except that exceptions to this requirement may be granted for certain properties being rezoned to RPUD under the conditions established in the RPUD district standards. The plans submitted along with these applications must also include enough information regarding the effect of the proposed development on surrounding parcels to ensure that the property can be developed in a manner that is both compatible with adjacent properties and consistent with the Highway 12 Corridor Study. (Code 1984, § 10.52(1); Code 2003, § 78-1061; Ord. No. 203(2nd series), § 1, 2-26-2001) Sec. 6.12.4420. Access and circulation plan. The plans submitted along with the applica- tion must propose access to the proposed develop- ment which is consistent with the transportation planning objectives of the Highway 12 Corridor Study. All public easements and road and trail right-of-way that is needed to allow the construc- tion of service roads, trails and/or the expansion of Trunk Highway 12 past the subject property, shall be dedicated to the city. (Code 1984, § 10.52(2); Code 2003, § 78-1062; Ord. No. 203(2nd series), § 2, 2-26-2001) Sec. 6.12.4430. Sanitary sewer and municipal water avail- ability. (a) The available sanitary sewer and municipal water capacity to serve the development of this corridor is currently very limited. Therefore, any plans to develop within this area must either demonstrate that it can occur utilizing current sewer and water allocations or they must include improvements to increase the capacity of the systems serving this area. (b) If sanitary sewer or municipal water system improvements are proposed as part of the applica- tion, then the feasibility of providing this service will also be scrutinized along with an improve- ment financing plan to ensure that the costs associated with providing this additional capac- ity will be paid for by the development. (Code 1984, § 10.52(3); Code 2003, § 78-1063) Sec. 6.12.4440. Stormwater management. Site drainage plans must be submitted to ensure consistency with the stormwater manage- ment objectives of the Highway 12 Corridor Study. Plans will be carefully reviewed to ensure both that proposed stormwater ponding areas contain sufficient storage capacity and whatever CD6:168 N ti LAND USE additional measures are necessary to guarantee that the quality of runoff from the site, meets or exceeds the city's standards. (Code 1984, § 10.52(4); Code 2003, § 78-1064) Sec. 6.12.4450. Available zoning districts. (a) Due to the unique set of constraints and opportunities that affect future decisions regard- ing development within the Highway 12 Cor- ridor Study Area, applicants for rezoning are strongly encouraged to utilize the planned unit development approach. However, applications will be accepted for rezoning requests for any of the following existing zoning districts within the city, consistent with a finding of consistency with the Highway 12 Corridor Study and subject to compliance with all of the additional require- ments established in this article: B-6 Highway Commercial District PRD Planned Residential Development District R-IA One -Family Residential District R-113 One -Family Residential District M-6 Multiple -Family Planned Residential District RPUD Residential Planned Unit Development District (b) Any proposal which requires a modifica- tion to zoning or subdivision requirements must be done as a planned unit development. (Code 1984, § 10.52(5); Code 2003, § 78-1065; Ord. No. 203(2nd series), § 3, 2-26-2001) Sec. 6.12.4460. Building design and construction. Except within the I -Industrial District, in addition to other restrictions of this chapter, the use, construction, alteration or enlargements to any building or structure within the district shall meet the following standards (buildings within the I -Industrial District shall conform to building design and construction standards found in section 6.12.3950): (1) All exterior wall finishes on any building shall be: a. Face brick; b. Natural stone; § 6.12.4470 C. Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative materials or texture; d. Factory fabricated and finished metal framed panel construction, if the panel materials are of any of those noted in subsections (1)a through c of this section, or glass; or e. Other materials as may be approved by the council. Combinations of such materials shall be permitted. (2) All subsequent additions and outbuild- ings constructed after the erection of an original building shall be constructed of materials comparable to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance. (3) No building or structure of a temporary character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings. (Code 1984, § 10.52(6); Code 2003, § 78-1066; Ord. No. 32(3rd series), § 4, 3-27-2006) Sec. 6.12.4470. Requirement of develop- ment agreement. All development permits authorized within the Highway 12 Corridor Study Area shall be subject to the execution of a development agree- ment. The development agreement shall clearly identify the timing of all of the public improve- ments associated with the development and the developers' financial commitments related to these improvements. The agreement shall also include any and all other conditions of approval deemed necessary to ensure compliance with the special minimum requirements for rezoning the Highway 12 Corridor Study Area, as well as the goals and objectives of the Highway 12 Corridor Study. (Code 1984, § 10.52(7); Code 2003, § 78-1067) CD6:169 M ti § 6.12.4510 ARTICLE VIII. FLOODPLAIN MANAGEMENT* ORONO CODE Division 1. Statutory Authorization, Findings of Fact and Purpose Sec. 6.12.4510. Statutory authorization. The state legislature has, in Minn. Stats. chs. 103F and 462, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the city council does ordain as follows in this article. (Code 2003, § 78-1101; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.4520. Purpose. (a) This article regulates development in the flood hazard areas of the city. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this article to promote the public health, safety, and general welfare by minimizing these losses and disruptions. (b) National Flood Insurance Program compli- ance. This article is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 CFR 59 through 78, as amended, so as to maintain the com- munity's eligibility in the National Flood Insur- ance Program. (c) This article is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moder- ate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportuni- ties, provide aesthetic benefits and enhance com- munity and economic development. (Code 2003, § 78-1102; Ord. No. 177(3rd series), § 1, 9-12-2016) *State law references—Floodplain management, Minn. Stats. § 103F.101 et seq.; floodplain management ordinances, Minn. Stats. § 103F.121. Division 2. General Provisions Sec. 6.12.4610. How to use this article. This article adopts the floodplain maps applicable to the city and includes three floodplain districts: floodway, flood fringe, and general floodplain. (1) Where floodway and flood fringe districts are delineated on the floodplain maps, the standards in divisions 4 or 5 of this article will apply, depending on the loca- tion of a property. (2) Locations where floodway and flood fringe districts are not delineated on the floodplain maps are considered to fall within the general floodplain district. Within the general floodplain district, the floodway district standards in divi- sion 4 of this article apply unless the floodway boundary is determined, accord- ing to the process outlined in division 6 of this article. Once the floodway boundary is determined, the flood fringe district standards in division 5 of this article may apply outside the floodway. (3) The use shall be permitted within the floodway district to the extent that they are not prohibited by any other provision of this Code and provided all permits or authorizations are received as may be required by other provisions of this Code or regulation of other governmental agen- cies having jurisdiction, including, without limitation, the state department of natural resources, the Minnehaha Creek Watershed District, and the Lake Minne- tonka Conservation District. (Code 2003, § 78-1103; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.4620. Lands to which article applies. (a) This article applies to all lands within the jurisdiction of the city shown on the official zoning map and/or the attachments to the map as being located within the boundaries of the floodway, flood fringe, or general floodplain districts. CD6:170 ti LAND USE (b) The floodway, flood fringe and general floodplain districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this article. In case of a conflict, the more restrictive standards will apply. (Code 2003, § 78-1104; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.4630. Incorporation of maps by reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the official zoning map and this article. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the flood insurance rate map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the city clerk's office: Effective flood insurance rate map panels: 27053C0144F, 27053CO292F, 27053C0304F, 27053C0165F, 27053C0301F, 27053C0306F, 27053C0312F, 27053C0311F, 27053CO284F, 27053C0302F, 27053C0307F, 27053C0316F, 27053CO285F, 27053C0303F, 27053C0308F. (Code 2003, § 78-1105; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.4640. Regulatory flood protec- tion elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroach- ments on the floodplain that result from designa- tion of a floodway. (Code 2003, § 78-1106; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.4650. Interpretation. The boundaries of the zoning districts are determined by scaling distances on the flood insurance rate map. (1) Where a conflict exists between the floodplain limits illustrated on the official § 6.12.4680 zoning map and actual field conditions, the flood elevations shall be the govern- ing factor. The city administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. (2) Persons contesting the location of the district boundaries will be given a reason- able opportunity to present their appeal to the planning commission and to submit technical evidence. (Code 2003, § 78-1107; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.4660. Abrogation and greater restrictions. It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this article imposes greater restrictions, the provisions of this article prevail. All other ordinances inconsistent with this article are hereby repealed to the extent of the inconsistency only. (Code 2003, § 78-1108; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.4670. Warning and disclaimer of liability. This article does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This article does not create liability on the part of the city or its officers or employees for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. (Code 2003, § 78-1109; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.4680. Severability. If any division, clause, provision, or portion of this article is adjudged unconstitutional or invalid CD6:171 W) ti le § 6.12.4680 ORONO CODE by a court of law, the remainder of this article shall not be affected and shall remain in full force. (Code 2003, § 78-1110; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.4690. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 100-year floodplain means lands inundated by the regional flood. See Regional flood. Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Base flood elevation means the elevation of the regional flood. The term "base flood eleva- tion" is used in the flood insurance survey. Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. Conditional use means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate condi- tions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (1) Certain conditions as detailed in the zoning ordinance exist. (2) The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the exist- ing neighborhood. Critical facilities means facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water -reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facili- ties, schools, day care facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. Development means any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Equal degree of encroachment means a method of determining the location of floodway boundar- ies so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Farm fence means a fence as defined by Minn. Stats. § 344.02, subd. 1(a) through (d). An open type fence of posts and wire is not considered to be a structure under this article. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this article. Flood means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM). Flood frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Flood fringe means the portion of the special flood hazard area (one percent annual chance flood) located outside of the floodway. The term "flood fringe" is synonymous with the term "flood - way fringe" used in the flood insurance study for the county. Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. CD6:172 to ti Iq LAND USE Floodprone area means any land susceptible to being inundated by water from any source. See Flood. Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. Lake Minnetonka means the naturally occur- ring lake shown on all the official maps referenced in this chapter, including all bays, channels, inlets, lagoons, marshland and other water - connected portions, whether naturally occurring or artificially created: (1) Defined ordinary high-water elevation, 929.4 feet MSL. (2) Defined floodplain boundary, 100-year flood, 931.5 feet MSL as established by the Minnehaha Creek Watershed District (MCWD). Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood -resistant enclosure, used solely for parking of vehicles, building access, or stor- age in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of 44 CFR 60.3. Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." New construction means structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this article. § 6,12.4690 Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projec- tion, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or project- ing into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. Principal use or structure means all uses or structures that are not accessory uses or structures. Reach means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. The term "recreational vehicle" is synonymous with the term "travel trailer/travel vehicle." Regional flood means a flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the one percent chance or 100-year recurrence interval. The term "regional flood" is synonymous with the term "base flood" used in a flood insurance study. Regulatory flood protection elevation (RFPE) means an elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroach- ments on the floodplain that result from designa- tion of a floodway. (1) The regulatory flood protection elevation within the floodway and flood fringe districts, except for Lake Minnetonka, CD6:173 § 6.12.4690 ORONO CODE shall be established by adding 1.0 foot to the base floodwater surface elevations within floodway listed in the floodway data table contained in the flood insur- ance study. Regulatory flood protection elevations between cross sections shall be interpolated. (2) The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL. (3) The regulatory flood protection elevation within the general floodplain district shall be calculated by a qualified registered professional engineer in accordance with procedures set forth in this article. Repetitive loss means flood related damages sustained by a structure on two separate occa- sions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25 percent of the market value of the structure before the damage occurred. Special flood hazard area is a term used for flood insurance purposes synonymous with the term "100-year floodplain." Start of construction includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilita- tion, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grad- ing and filling; nor does it include the installa- tion of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria and other similar items. Substantial damage means damage of any origin sustained by a structure where the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means, within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construc- tion of the improvement. The term "substantial improvement" includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term "substantial improvement" does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. For the purpose of this article, the term "historic structure" is as defined in 44 Code of Federal Regulations 59.1. (Code 2003, § 78-1111; Ord. No. 177(3rd series), § 1, 9-12-2016) CD6:174 00 ti Iq LAND USE Sec. 6.12.4700. Annexations. The flood insurance rate map panels adopted by reference into section 6.12.4630 may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of the ordinance from which this article is derived. If any of these floodplain land areas are annexed into the city after the date of adoption of the ordinance from which this article is derived, the newly annexed floodplain lands will be subject to the provisions of this article immediately upon the date of annexation. (Code 2003, § 78-1112; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.4710. Detachments. The flood insurance rate map panels adopted by reference into section 6.12.4630 will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adop- tion of this article. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of the city after the date of adoption of the ordinance from which this article is derived, the newly detached floodplain lands will be subject to the provisions of this article immediately upon the date of detach- ment. (Code 2003, § 78-1113; Ord. No. 177(3rd series), § 1, 9-12-2016) Division 3. Establishment of Zoning Districts Sec. 6.12.4810. Districts. (a) Floodway district. The floodway district includes those areas within Zones AE that have a floodway delineated as shown on the flood insurance rate map adopted in section 6.12.4630, as well as portions of other lakes, wetlands, and basins within Zones A and AE (that do not have a floodway delineated) that are located at or below the ordinary high-water level as defined in Minn. Stats. § 103G.005, subd. 14. (b) Flood fringe district. The flood fringe district includes areas within Zones AE that have a floodway delineated on the flood insurance rate map adopted in section 6.12.4630, but are located outside of the floodway. For other lakes, wetlands § 6.12.4910 and other basins within Zones A and AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the one percent annual chance (100-year) flood elevation but above the ordinary high-water level as defined in Minn. Stats. § 103G.005, subd. 14. (c) General floodplain district. The general floodplain district includes riverine areas within Zones A and AE that do not have a delineated floodway as shown on the flood insurance rate map adopted in section 6.12.4630. (Code 2003, § 78-1114; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.4820. Applicability. Within the floodplain districts established in this article, the use, size, type and location of development must comply with the terms of this article and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capac- ity of the channels or floodways of any tributar- ies to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in divisions 4, 5 and 6 are prohibited. In addition, critical facilities, as defined in section 6.12.4690, are prohibited in all floodplain districts. (Code 2003, § 78-1115; Ord. No. 177(3rd series), § 1, 9-12-2016) Division 4. Floodway District (FW) Sec. 6.12.4910. Permitted uses. The following uses, subject to the standards set forth in section 6.12.4920, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: (1) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farm- ing, forestry, sod farming, and wild crop harvesting. (2) Industrial -commercial loading areas, park- ing areas, and airport landing strips. (3) Open space uses, including, but not limited to, private and public golf courses, tennis courts, driving ranges, archery ranges, CD6:175 ti § 6.12.4910 ORONO CODE picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single- or multiple - purpose recreational trails. (4) Residential lawns, gardens, parking areas, and play areas. (5) Railroads, streets, bridges, utility transmission lines and pipelines, provided that the department of natural resources' area hydrologist is notified at least ten days prior to issuance of any permit. (Code 2003, § 78-1116; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.4920. Standards for floodway permitted uses. (a) The use must have a low flood damage potential. (b) The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. (c) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (one percent chance) flood. (Code 2003, § 78-1117; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.4930. Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in section 6.12.5540 and further subject to the standards set forth in section 6.12.4940, if otherwise allowed in the underlying zoning district or any applicable overlay district. (1) Structures accessory to the uses listed in section 6.12.4910(1) through (5) and the uses listed below. (2) Extraction and storage of sand, gravel, and other materials. (3) Marinas, boat rentals, docks, piers, wharves, and water control structures. (4) Storage yards for equipment, machinery, or materials. (5) Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in section 6.12.4690, are permit- ted uses. (6) Travel -ready recreational vehicles meet- ing the exception standards in section 6.12.5420. (7) Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. (8) All forms of shoreline protection, includ- ing wood, metal, mortared stone or concrete seawalls. (Code 2003, § 78-1118; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.4940. Standards for floodway conditional uses. (a) All uses. A conditional use must not cause any increase in the stage of the one percent chance or regional flood or cause an increase in flood damages in the reach or reaches affected. (b) Fill; storage of materials and equipment: (1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (2) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from ero- sion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. (3) Temporary placement of fill, other materi- als, or equipment which would cause an increase to the stage of the one percent CD6:176 LAND USE chance or regional flood may only be allowed if the city council has approved a plan that assures removal of the materi- als from the floodway based upon the flood warning time available. (c) Accessory structures. Accessory structures, as identified in section 6.12.4930(1), may be permitted, provided that: (1) Structures are not intended for human habitation; (6) Structures will have a low flood damage potential; Structures will be constructed an placed so as to offer a minimal obstruction to the flow of floodwaters; Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed; Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing clas- sifications in the state building code. All floodproofed structures must be adequately anchored to prevent flota- tion, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the state building code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two automatic open- ings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and § 6.12.5020 b. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (d) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minn. Stats. § 103G.245. (e) A levee, dike or floodwal constructed in the floodway must not cause an increase to the one percent chance or regional flood. The techni- cal analysis must assume equal conveyance or storage loss on both sides of a stream. (f) F000dway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. (Code 2003, § 78-1119; Ord. No. 177(3rd series), § 1, 9-12-2016) Division 5. Flood Fringe District (FF) Sec. 6.12.5010. Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district that comply with the standards in sec- tion 6.12.5020. If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use, provided it does not constitute a public nuisance. (Code 2003, § 78-1124; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.5020. Standards for flood fringe permitted uses. (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protec- CD6:177 T 00 le § 6.12.5020 ORONO CODE tion elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. (b) Accessory structures. As an alternative to the fill requirements of section 6.12.5020(a), structures accessory to the uses identified in section 6.12.5010 may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the state building code, provided that: (1) The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (2) All portions of floodproofed accessory structures below the regulatory flood protection elevation must: a. Be adequately anchored to prevent flotation, collapse or lateral move- ment and designed to equalize hydrostatic flood forces on exterior walls; b. Be constructed with materials resistant to flood damage; and C. Have all service utilities be watertight or elevated to above the regulatory flood protection eleva- tion. (3) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two automatic open- ings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and b. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (c) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with section 6.12.5020(a), or if allowed as a conditional use under section 6.12.5030(3). (d) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. (e) All service utilities, including ductwork, must be elevated or watertight to prevent infiltra- tion of floodwaters. (f) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (g) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. (h) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/ emergency evacuation plan acceptable to the city. (i) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection eleva- tion. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (one percent chance) flood. 0) Interference with normal manufacturing/ industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, CD6:178 N CO IV LAND USE due consideration must be given to the needs of industries with operations that require a floodplain location. (k) Manufactured homes and recreational vehicles must meet the standards of division 9 of this article. (Code 2003, § 78-1125; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.5030. Conditional uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in sec- tion 6.12.5540: (1) Any structure that is not elevated on fill or floodproofed in accordance with sec- tion 6.12.5020(a) and (b). (2) Storage of any material or equipment below the regulatory flood protection elevation. (3) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with section 6.12.5020(a). (4) The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, paral- lel walls, or above -grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in section 6.12.5040(f). (Code 2003, § 78-1126; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.5040. Standards for flood fringe conditional uses. (a) The standards listed in sections 6.12.5020(d) through 0) to all conditional uses. (b) Basements, as defined by section 6.12.4930, are subject to the following: (1) Residential basement construction is not allowed below the regulatory flood protec- tion elevation. § 6.12.5040 (2) Nonresidential basements may be allowed below the regulatory flood protection elevation, provided the basement is structurally dry floodproofed in accordance with subsection (d) of this section. (c) Where lot size constraints prevent the fill elevation from extending 15 feet beyond the structure, a reduction in the fill extension may be allowed for lots less than 65 feet wide, provided the lots were established prior to October 26, 1978, the initial establishment of a floodplain ordinance. (d) All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the state build- ing code. Structurally dry floodproofing must meet the FPl or FP2 floodproofing classification in the state building code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (e) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (1) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (one percent chance) flood event. (2) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city. (3) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. (f) Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan provid- ing for removal of such materials within the time available after a flood warning. CD6:179 M 00 Re § 6.12.5040 ORONO CODE (g) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if the enclosed area is above -grade on at least one side of the structure; it is designed to internally flood and is constructed with flood -resistant materials; and it is used solely for parking of vehicles, building access or storage. The above - noted alternative elevation methods are subject to the following additional standards: (1) Design and certification. The structure's design and as -built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the state building code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent floodwater from entering or accumulating within these components during times of flooding. (2) Specific standards for above -grade, enclosed areas. Above -grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: a. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters without any form of human intervention; and b. That the enclosed area will be designed of flood -resistant materi- als in accordance with the FP3 or FP4 classifications in the state build- ing code and shall be used solely for building access, parking of vehicles or storage. (Code 2003, § 78-1127; Ord. No. 177(3rd series), § 1, 9-12-2016) Division 6. General Floodplain District (GF) Sec. 6.12.5110. Permitted uses. (a) The floodway district permitted uses listed in section 6.12.4910 are permitted uses. (b) All other uses are subject to the floodway/ flood fringe evaluation criteria specified in sec- tion 6.12.5120. Division 4 applies if the proposed use is determined to be in the floodway district. Division 5 of this article applies if the proposed use is determined to be in the flood fringe district. (Code 2003, § 78-1128; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.5120. Procedures for floodway and flood fringe determina- tions. (a) Upon receipt of an application for a permit or other approval within the general floodplain district, the city administrator must obtain, review and reasonably utilize any regional flood eleva- tion and floodway data available from a federal, state, or other source. (b) If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection eleva- tion and whether the proposed use would fall within the floodway or flood fringe district. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in subsection (c) of this sec- tion. .��Z:iiF:117 44 00 Iq LAND USE (c) The determination of floodway and flood fringe must include the following components, as applicable: (1) Estimate the peak discharge of the regional (one percent chance) flood. (2) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and over - bank areas. (3) Compute the floodway necessary to convey or store the regional flood without increas- ing flood stages more than one-half foot. A lesser stage increase than one-half foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. (4) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe district and to determine the regulatory flood protection elevation. Procedures consistent with Minn. Stats. §§ 6120.5000 through 6120.6200 and 44 CFR 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodol- ogy with the respective department of natural resources' area hydrologist prior to commencing the analysis. a. A typical valley cross section show- ing the channel of the stream, eleva- tion of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development, and high-water information. § 6.12.5220 and existing structures on the site, and the location and elevations of streets. C. Photographs showing existing land uses, vegetation upstream and downstream, and soil types. d. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. (d) The city administrator will review the submitted information and assess the technical evaluation and the recommended floodway and/or flood fringe district boundary. The assessment must include the cumulative effects of previous floodway encroachments. The city administrator may seek technical assistance from a designated engineer or other expert person or agency, includ- ing the department of natural resources. Based on this assessment, the city administrator may approve or deny the application. (e) Once the floodway and flood fringe district boundaries have been determined, the city administrator must process the permit applica- tion consistent with the applicable provisions of divisions 4 and 5 of this article. (Code 2003, § 78-1129; Ord. No. 177(3rd series), § 1, 9-12-2016) Division 7. Land Development Standards Sec. 6.12.5210. Applicability to land. Recognizing that floodprone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the city. (Code 2003, § 78-1130; Ord. No. 177(3rd series), § 1, 9-12-2016) b. Plan (surface view) showing eleva- Sec. 6.12.5220. Subdivisions. tions or contours of the ground, pertinent structure, fill, or storage No land may be subdivided which is unsuit- elevations, the size, location, and able for reasons of flooding or inadequate drain - spatial arrangement of all proposed age, water supply or sewage treatment facilities. CD6:181 § 6.12.5220 ORONO CODE Manufactured home parks and recreational water systems are located and vehicle parks or campgrounds are considered constructed to minimize or eliminate subdivisions under this article. flood damage; and (1) All lots within the floodplain districts C. Adequate drainage is provided to must be able to contain a building site reduce exposure of flood hazard. outside of the floodway district at or (Code 2003, § 78-1131; Ord. No. 177(3rd series), above the regulatory flood protection § 1, 9-12-2016) elevation. (2) All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protec- tion elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (one percent chance) flood has been approved by the city. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacua- tion. (3) For all subdivisions in the floodplain, the floodway and flood fringe district boundar- ies, the regulatory flood protection eleva- tion and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. (4) In the general floodplain district, applicants must provide the information required in section 6.12.5120 to determine the regional flood elevation, the floodway and flood fringe district boundaries and the regulatory flood protection elevation for the subdivision site. (5) If a subdivision proposal or other proposed new development is in a floodprone area, any such proposal must be reviewed to assure that: a. All such proposals are consistent with the need to minimize flood damage within the floodprone area; b. All public utilities and facilities, such as sewer, gas, electrical, and Sec. 6.12.5230. Building sites. If a proposed building site is in a floodprone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: (1) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) Constructed with materials and utility equipment resistant to flood damage; (3) Constructed by methods and practices that minimize flood damage; and (4) Constructed with electrical, heating, ventilation, plumbing, and air condition- ing equipment and other service facili- ties that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Code 2003, § 78-1132; Ord. No. 177(3rd series), § 1, 9-12-2016) Division 8. Public Utilities, Railroads, Roads, and Bridges Sec. 6.12.5310. Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the state building code or elevated to the regulatory flood protection elevation. (Code 2003, § 78-1140; Ord. No. 177(3rd series), § 1, 9-12-2016) CD6:182 (a 00 Iq LAND USE § 6.12.5420 Sec. 6.12.5320. Public transportation prohibited in any floodplain district. For existing facilities. manufactured home parks or lots of record, the following requirements apply: Railroad tracks, roads, and bridges to be located within the floodplain must comply with (1) Placement or replacement of divisions 4 and 5 of this article. These transporta- manufactured home units is prohibited tion facilities must be elevated to the regulatory in the floodway district. flood protection elevation where failure or inter- ruption of these facilities would result in danger (2) If allowed in the flood fringe district, to the public health or safety or where such placement or replacement of facilities are essential to the orderly functioning manufactured home units is subject to of the area. Minor or auxiliary roads or railroads the requirements of division 5 of this may be constructed at a lower elevation where article and the following standards: failure or interruption of transportation services a. New and replacement manufactured would not endanger the public health or safety. homes must be elevated in compli- (Code 2003, § 78-1141; Ord. No. 177(3rd series), ance with division 5 of this article § 1, 9-12-2016) and must be securely anchored to an adequately anchored foundation Sec. 6.12.5330. On -site water supply and system that resists flotation, col - sewage treatment systems. lapse and lateral movement. Methods of anchoring may include, Where public utilities are not provided: but are not limited to, use of over - the -top or frame ties to ground (1) On -site water supply systems must be anchors. This requirement is in addi- tion to minimize or eliminate infiltra- tion to applicable state or local tion of floodwaters into the systems and anchoring requirements for resist - are subject to the provisions in Minn. R. ing wind forces. ch. 4725.4350, as amended; and b. New or replacement manufactured (2) New or replacement on -site sewage treat- homes in existing manufactured ment systems must be designed to home parks must meet the vehicular minimize or eliminate infiltration of access requirements for subdivi- floodwaters into the systems and sions in section 6.12.5220(2). discharges from the systems into (Code 2003, § 78-1143; Ord. No. 177(3rd series), floodwaters. They must not be subject to impairment or contamination during times § 1, 9-12-2016) of flooding and are subject to the provi- sions in Minn. R. ch. 7080.2270, as Sec. 6.12.5420. Recreational vehicles. amended. (Code 2003, § 78-1142; Ord. No. 177(3rd series), New recreational vehicle parks or campgrounds § 1, 9-12-2016) and expansions to existing recreational vehicle parks or campgrounds are prohibited in any Division 9. Manufactured Homes, floodplain district. Placement of recreational Manufactured Home Parks, and Recreational vehicles in existing recreational vehicle parks or Vehicles campgrounds in the floodplain must meet the following exemption criteria or be treated as new structures meeting the requirements of this Sec. 6.12.5410. Manufactured homes, article: New manufactured home parks and expan- (1) Recreational vehicles are exempt from sions to existing manufactured home parks are the provisions of this article if they are CD6:183 ti 00 Iq § 6.12.5420 ORONO CODE placed in any of the following areas and recreational vehicle is allowed that would meet the criteria listed in subsection (2) hinder the removal of the vehicle should of this section: flooding occur. a. Individual lots or parcels of record. (Code 2003, § 78-1144; Ord. No. 177(3rd series), § 1, 9-12-2016) b. Existing commercial recreational vehicle parks or campgrounds. C. Existing condominium -type associa- tions. (2) Criteria for exempt recreational vehicles: a. The vehicle must have a current license required for highway use. b. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utili- ties commonly used in campgrounds and recreational vehicle parks. C. No permanent structural type addi- tions may be attached to the vehicle. d. The vehicle and associated use must be permissible in any pre-existing, underlying zoning district. e. Accessory structures are not permit- ted within the floodway district. Any accessory structure in the flood fringe district must be constructed of flood -resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in section 6.12.5410(2). f. An accessory structure must constitute a minimal investment (3) Recreational vehicles that are exempt in subsection (2) of this section lose this exemption when development occurs on the site that exceeds a minimal invest- ment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of division 5 of this article. No development or improve- ment on the parcel or attachment to the Division 10. Administration Sec. 6.12.5510. City administrator. The city administrator or other official designated by the administrator must administer and enforce this article. (Code 2003, § 78-1145; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.5520. Permit requirements. (a) Permit required. A permit must be obtained from the city administrator prior to conducting the following activities: (1) The erection, addition, modification, rehabilitation, or alteration of any build- ing, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement, as defined in this article. (2) The use or change of use of a building, structure, or land. (3) The construction of a dam, fence, or on -site septic system, although a permit is not required for a farm fence, as defined in this article. (4) The change or extension of a nonconform- ing use. (5) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (6) The placement of fill, excavation of materi- als, or the storage of materials or equip- ment within the floodplain. (7) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. CD6:184 00 00 Iq LAND USE (8) Any other type of development, as defined in this article. (b) Application for permit. Permit applica- tions must be submitted to the city administra- tor on forms provided by the city administrator. The permit application must include the follow- ing as applicable: (1) A site plan showing all pertinent dimen- sions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. (2) Location of fill or storage of materials in relation to the stream channel. (3) Copies of any required municipal, county, state or federal permits or approvals. (4) Other relevant information requested by the city administrator as necessary to properly evaluate the permit application. (c) Certificate of city compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the city administrator stating that the use of the building or land conforms to the requirements of this article. (d) Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building eleva- tions were accomplished in compliance with the provisions of this article. Floodproofing measures must be certified by a registered professional engineer or registered architect. (e) Record of first floor elevation. The city administrator must maintain a record of the elevation of the lowest floor (including base- ment) of all new structures and alterations or additions to existing structures in the floodplain. The city administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are flood - proofed. (f) Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the city administrator must § 6.12.5530 notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minn. Stats. § 103G.245, this will suffice as adequate notice. A copy of the notifica- tion must also be submitted to the Chicago Regional Office of the Federal Emergency Manage- ment Agency (FEMA). (g) Notification to FEMA when physical changes increase or decrease base flood eleva- tions. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the city administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. (Code 2003, § 78-1146; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.5530. Variances and appeals. (a) Variance applications. An application for a variance to the provisions of this article will be processed and reviewed in accordance with applicable state statutes and article II, division 3 of this chapter. (b) Adherence to state floodplain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. (c) Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satis- fied: (1) Variances must not be issued by a com- munity within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (2) Variances may only be issued by a com- munity upon: a. A showing of good and sufficient cause; CD6:185 0 00 Re § 6.12.5530 ORONO CODE b. A determination that failure to grant (4) The susceptibility of any proposed use the variance would result in and its contents to flood damage and the exceptional hardship to the effect of such damage on the individual applicant; and owner; C. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (3) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Flood insurance notice. The city administra- tor must notify the applicant for a variance that: (1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and (2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. (e) General considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: (5) The importance of the services to be provided by the proposed use to the community; (6) The requirements of the facility for a waterfront location; (7) The availability of viable alternative loca- tions for the proposed use that are not subject to flooding; (8) The compatibility of the proposed use with existing development and develop- ment anticipated in the foreseeable future; (9) The relationship of the proposed use to the comprehensive land use plan and floodplain management program for the area; (10) The safety of access to the property in times of flood for ordinary and emergency vehicles; (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. (f) Submittal of hearing notices to the depart- ment of natural resources (DNR). The city administrator or designee shall submit hearing notices for proposed variances to the DNR suf- ficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist. (1) The potential danger to life and property (g) Submittal of final decisions to the DNR. A due to increased flood heights or veloci- copy of all decisions granting variances must be ties caused by encroachments; forwarded to the DNR within ten days of such (2) The danger that materials may be swept action. The notice may be sent by electronic mail onto other lands or downstream to the or U.S. mail to the respective DNR area hydrolo- injury of others; gist. (3) The proposed water supply and sanita- (h) Record -keeping. The city administrator tion systems, if any, and the ability of must maintain a record of all variance actions, these systems to minimize the potential including justification for their issuance, and for disease, contamination and unsanitary must report such variances in an annual or conditions; biennial report to the Administrator of the 101. :. 0 as LAND USE National Flood Insurance Program, when requested by the Federal Emergency Manage- ment Agency. (i) Appeals. The city council shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determina- tion made by an administrative official in the enforcement or administration of this article. An appeal must be filed within ten days of the administrative official's order, requirement, deci- sion, or determination. Failure to file an appeal within ten days of the decision shall constitute a waiver of the person's right to a hearing. (Code 2003, § 78-1147; Ord. No. 177(3rd series), § 1, 9-12-2016; Ord. No. 178(3rd series), § 13, 10-10-2016) Sec. 6.12.5540. Conditional uses. (a) Administrative review. An application for a conditional use permit under the provisions of this article will be processed and reviewed in accordance with chapter IV, article V of this title. (b) Factors used in decision -making. In pass- ing upon conditional use applications, the city council must consider all relevant factors speci- fied in other sections of this article, and those factors identified in section 6.12.5530. (c) Conditions attached to conditional use permits. The city council may attach such condi- tions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this article. Such conditions may include, but are not limited to, the following: (1) Modification of waste treatment and water supply facilities. (2) Limitations on period of use, occupancy, and operation. (3) Imposition of operational controls, sure- ties, and deed restrictions. (4) Requirements for construction of chan- nel modifications, compensatory storage, dikes, levees, and other protective measures. (5) Floodproofing measures, in accordance with the state building code and this article. The applicant must submit a § 6.12.5610 plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection eleva- tion and associated flood factors for the particular area. (d) Submittal of hearing notices to the depart- ment of natural resources (DNR). The city administrator or designee must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist. (e) Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist. (Code 2003, § 78-1148; Ord. No. 177(3rd series), § 1, 9-12-2016) Division 11. Nonconformities Sec. 6.12.5610. Continuance of nonconfor- mities. A use, structure, or occupancy of land which was lawful before the passage or amendment of the ordinance from which this article is derived but which is not in conformity with the provi- sions of this article may be continued subject to the following conditions. Historic structures are subject to the provisions of subsections (1) through (6) of this section. (1) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in subsection (2) of this section. Expansion or enlargement of uses, structures or occupancies within the floodway district is prohibited. (2) Any addition or structural alteration to a nonconforming structure or nonconform- ing use that would result in increasing' CD6:187 § 6.12.5610 (3) (4) (5) (6) (7) ORONO CODE its flood damage potential must be protected to the regulatory flood protec- tion elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FPl through FP4 flood - proofing classifications) allowable in the state building code, except as further restricted in subsections (3) and (7) of this section. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of division 4 or 5 of this article for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively. The cost of all structural alterations and addi- tions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this article. The assessor must notify the city administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. If any nonconformity is substantially dam- aged, as defined in section 6.12.4690, it may not be reconstructed except in conformity with the provisions of this article. The applicable provisions for establishing new uses or new structures in division 4 or 5 will apply depending upon whether the use or structure is in the floodway or flood fringe, respectively. If any nonconforming use or structure experiences a repetitive loss, as defined in 6.12.4690, it must not be reconstructed except in conformity with the provisions of this article. Any substantial improvement, as defined in section 6.12.4690, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of division 4 or 5 of this article for new structures, depending upon whether the structure is in the floodway or flood fringe district. (Code 2003, § 78-1149; Ord. No. 177(3rd series), § 1, 9-12-2016) Division 12. Penalties and Enforcement Sec. 6.12.5710. Violation constitutes a misdemeanor. Violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of vari- ances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. (Code 2003, § 78-1150; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.5720. Other lawful action. Nothing in this article restricts the city from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the city administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this article and will be prosecuted accordingly. (Code 2003, § 78-1151; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.5730. Enforcement. In responding to a suspected ordinance viola- tion, the city may utilize the full array of enforce- ment actions available to it, including, but not limited to, prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and N It LAND USE to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (Code 2003, § 78-1152; Ord. No. 177(3rd series), § 1, 9-12-2016) Division 13. Amendments Sec. 6.12.5810. Floodplain designation; restrictions on removal. The floodplain designation on the official zoning map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the commissioner of the depart- ment of natural resources (DNR) if the commis- sioner determines that, through other measures, lands are adequately protected for the intended use. (Code 2003, § 78-1153; Ord. No. 177(3rd series), § 1, 9-12-2016) Sec. 6.12.5820. Amendments require DNR approval. All amendments to this article must be submit- ted to and approved by the commissioner of the department of natural resources (DNR) prior to adoption. The commissioner must approve the amendment prior to community approval. (Code 2003, § 78-1154) Sec. 6.12.5830. Map revisions require ordinance amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in section 6.12.4630. (Code 2003, § 78-1155; Ord. No. 177(3rd series), § 1, 9-12-2016) § 6.12.5910 ARTICLE IX. SHORELAND MANAGEMENT* Division 1. Generally Sec. 6.12.5910. Definitions. The following words, terms and phrases, when used in this article, 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, words or phrases used in this article shall be interpreted as defined elsewhere in this chapter. All distances, unless otherwise specified, shall be measured horizontally. Animal feedlot means a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confine- ment area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of this Code, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered as animal feedlots. Pastures shall not be considered as animal feedlots when the area enclosed as pasture is equal to or greater than 1.0 acre per animal unit. Bluff means a topographic feature, such as a hill, cliff or embankment, having the following characteristics (an area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of the bluff): (1) Part or all of the feature is located in a shoreland area; (2) The slope rises at least 25 feet above the ordinary high-water level of the water body; (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high-water level averages 30 percent or greater; and (4) The slope must drain toward the water body. *State law reference—Shoreland development, Minn. Stats. § 103F.201 et seq. CD6:189 § 6.12.5910 ORONO CODE Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff. Bluff, toe of the, means the lower point of the lowest 50-foot segment with an average slope exceeding 18 percent. If the lowest such point is lakeward of the OHWL, the OHWL will be defined as the toe. Bluff, top of the, means that point on the cross section of a bluff below which the slope becomes more than 18 percent and above which the average slope for a distance of 50 feet or more is 18 percent or less. Commercial use means the principal use of the land and/or buildings for the sale, lease, rental or trade of products, goods and services. Deck means a horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principal use or site. Duplex, triplex and quad mean a dwelling structure on a single lot, having two, three and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities. Dwelling site means a designated location where a dwelling unit is intended to be constructed. Dwelling site, transient, means a designated location for temporary or transient residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. Dwelling unit means a building or a portion of a building designed or intended to be occupied exclusively for residential purposes, including provisions for sleeping, eating, cooking and sanita- tion for not more than one family, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins, recreational vehicles, nor lodging rooms. Extractive use means the use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic miner- als, and peat not regulated under Minn. Stats. §§ 93.44 through 93.51. Forest land conversion means the clear cut- ting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand. Industrial use means the use of land or build- ings for the production, manufacture, warehous- ing, storage or transfer of goods, products, commodities or other wholesale items. Intensive vegetation clearing means the complete removal of trees or shrubs in a contigu- ous patch, strip, row or block. Ordinary high-water level (OHWL) means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high-water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high-water level is the operating elevation of the normal summer pool. The designated OHWL has been determined by the state department of natural resources for certain water bodies as shown in section 6.12.5970. Planned unit development (PUD) means a type of development characterized by a unified site design for a number of residential dwelling units or nonresidential sites on a parcel, whether for sale, rent or lease, often involving clustering of units or sites to provide areas of common open space or a mixture of structure types and land uses. Two types of PUD are provided for in this chapter: (1) Planned residential development (PRD), in which the nature of allowed uses is nontransient residential, including attached and detached single-family or multiple -family dwellings, subject to the limitations provided for in each zoning district. CD6:190 le a) Iq LAND USE (2) Planned unit development (PUD), Highway 12 Corridor, in which the nature of allowed uses may include residential, commercial, institutional, public and semi- public uses as set forth in the city's comprehensive plan amendment No. 2, and it is limited to areas within the Highway 12 Corridor as defined in that amendment. The Highway 12 PUD offers a mixture of land uses, housing types and densities. Note: No properties which could be developed via the Highway 12 PUD are within the shoreland overlay district. Public use means the use of land by the general public or by a public agency on behalf of the general public, for any purpose. Public waters means any waters as defined in Minn. Stats. § 103G.005, subds. 15 and 16. Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside their regular constituency of the organiza- tion. Sensitive resource management means the preservation and management of areas unsuit- able for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. Sewage treatment system means septic tanks and a soil absorption system or other type of on -site sewage treatment system as described in chapter 5.24, article H. Sewerage system means pipelines or conduits, pumping stations and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. Shore impact zone means land located between the ordinary high-water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. § 6.12.5910 Shore setback zone means land located between the ordinary high-water level of a public water and a line parallel to it at the structure setback. Shoreland means land located within 1,000 feet from the ordinary high-water level of a lake, pond or flowage and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. Where topographic divides occur at lesser distances from the involved water, the limits of shoreland have been modified per the official map entitled "Shoreland Overlay District," on file at the city offices. Significant historic site means any archaeologi- cal site, standing structure or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the state register of historic sites, or is determined to be an unplatted cemetery that falls under the provisions of Minn. Stats. § 307.08. An historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the state archaeologist or the director of the state historical society. All unplat- ted cemeteries are automatically considered to be significant historic sites. Steep slope means lands having average slopes of 12 percent or greater as measured over horizontal distances of 50 feet or more, that are not bluffs. Surface water -oriented commercial use means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of busi- ness. Variance means the same as that term is defined or described in Minn. Stats. ch. 462. Water -oriented accessory structure or facility means a small, aboveground building or other improvement, except stairways, fences, docks and retaining walls, which, because of the relation- ship of its use to a surface water feature, reason- ably needs to be located closer to public waters than the normal structure setback. Examples of CD6:191 § 6.12.5910 ORONO CODE such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, lock boxes, and detached decks. Wetlands shall have the same meaning as the term "protected wetlands" in section 6.12.8110. (Code 2003, § 78-1211; Ord. No. 101(2nd series), § 1(10.56(3)), 2-24-1992; Ord. No. 126(2nd series), § 1, 4-25-1994; Ord. No. 127(2nd series), §§ 2-4, 7-11-1994; Ord. No. 28(3rd series), § 16, 8-22- 2005; Ord. No. 59(3rd series), § 1, 5-11-2009; Ord. No. 94(3rd series), § 5, 9-24-2012; Ord. No. 130(3rd series), § 1, 1-26-2015) Sec. 6.12.5920. Statement of purpose. The purpose of this article is to promote the public health, safety and general welfare by providing for the wise subdivision, use and development of shorelands abutting public waters that exist within the city's corporate boundaries. The city recognizes that the uncontrolled use and development of shorelands has a negative impact on not only the quality of surface waters, but on the economic, recreational and natural environmental values of shorelands and the waters they surround. The specific intent of this article is to: (1) Protect the water quality of Lake Minne- tonka and other lakes within the city by allowing development of uses in the shore - land areas which are compatible with the city's comprehensive land use manage- ment plan. (2) Provide appropriate standards for develop- ment which will minimize the impact of shoreland development on the water qual- ity and the economic, aesthetic and natural environment values of the city's lakes. (Code 2003, § 78-1212; Ord. No. 101(2nd series), § 1(10.56(1)), 2-24-1992) Sec. 6.12.5930. Statutory authorization. This article is adopted pursuant to the authorization and policies contained in Minn. Stats. ch. 103F, Minn. Stats. §§ 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in Minn. Stats. ch. 462. (Code 2003, § 78-1213; Ord. No. 101(2nd series), § 1(10.56(2)), 2-24-1992; Ord. No. 127(2nd series), § 1, 7-11-1994) Sec. 6.12.5940. Amendments. All amendments to this article, including amendments to the official maps, must be submit- ted to the commissioner of the department of natural resources prior to adoption. Further, amendments to underlying zoning district standards which may be in conflict with this section must also be submitted to the commis- sioner of the department of natural resources prior to adoption. (Code 2003, § 78-1214; Ord. No. 101(2nd series), § l(10.56(21)), 2-24-1992) Sec. 6.12.5950. Jurisdiction. The provisions of this article shall apply to the shorelands of the public water bodies as classi- fied in section 6.12.5970. (Code 2003, § 78-1215; Ord. No. 101(2nd series), § 1(10.56(4)), 2-24-1992) Sec. 6.12.5960. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland areas; the cutting of shoreland vegeta- tion; and the subdivision of land shall be in full compliance with the terms of this article and other applicable regulations. (Code 2003, § 78-1216; Ord. No. 101(2nd series), § 1(10.56(5)), 2-24-1992) CD6:192 Ell LAND USE § 6.12.5980 Sec. 6.12.5970. Classification of public waters. The public waters of the city have been classified below consistent with the criteria found in Minn. Stats. § 6120.3300, and the protected waters inventory map for the county: Protected Waters OHWL (feet) Inventory I.D. # Natural Environment (NE) lakes Lake Classen 974.5 162-P Dickey Lake 985.5 161-W French Lake (South Basin only) 930.0 140-P Lydiard Lake 970.9 159-P Lake Katrina — 154-P Wolsfeld Lake (Medina) — 157-P Recreational Development (RD) lakes Long Lake 944.3 160-P Mooney Lake 988.0 134-P Tanager Lake 929.4 141-P Hadley Lake (Plymouth) 961.4 109-P General Development (GD) lakes Forest Lake 929.4 139-P Lake Minnetonka 929.4 133-P Tributary streams From To Tributary Name Sec. TWP R Sec. TWP R Long Lake Creek 35 (Basin 160P) 118 23 10 (Basin 141P) 117 23 Wolsfeld Creek 27 (City Limit) 118 23 26 (Basin 160P) 118 23 Tributary to Wolsfeld Creek from Holy Name Lake 26 (City Limit) 118 23 27 118 23 Dickeys Lake Creek 27 (Basin 161P) 118 23 34 (Basin 160P) 118 23 Stubbs Bay Creek 32 (Basin 162P) 118 23 5 (Basin 133P) 117 23 Painter's Creek 30 (Basin 154P) 118 23 31 (City Limit) 118 23 (Code 2003, § 78-1217; Ord. No. 101(2nd series), § 1(10.56(7)), 2-24-1992; Ord. No. 127(2nd series), § 5, 7-11-1994) Sec. 6.12.5980. Establishment of SD Shore- development, and general development land Overlay District. in section 6.12.5970. The shoreland overlay district includes lands within the The SD Shoreland Overlay District is defined city that are located within 1,000 feet of and established to include the following lands lakes located in adjacent cities, namely within the city: Hadley Lake in the City of Plymouth and (1) All lands within 1,000 feet of the ordinary Wolsfeld Lake in the City of Medina. high-water level of the lakes classified (2) All lands within 300 feet of the ordinary natural environment, recreational high-water level of the watercourses clas- CD6:193 ti a) Iq § 6.12.5980 ORONO CODE sifted as tributary streams in section 6.12.5970. Where the floodplain of the tributary streams as defined in article VIII of this chapter or as defined elsewhere in this chapter extends further than 300 feet from the ordinary high-water level, the boundary of the shoreland overlay district shall be extended to include those areas designated as floodplain. (Code 2003, § 78-1218; Ord. No. 101(2nd series), § 1(10.56(8)), 2-24-1992) Sec. 6.12.5990. Adoption of official map and interpretation of district boundaries. The official map of the shoreland overlay district is adopted. A copy of the map shall be kept on file at all times with the city clerk. In their interpretation and application, the provi- sions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes. The boundaries of the shore - land overlay district shall be determined by scaling distances on the official map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official map, the city engineer shall make neces- sary interpretation based on the ordinary high- water level. The person contesting the location of the district boundary shall be given a reason- able opportunity to present his case to the city and to submit technical evidence if he so desires. (Code 2003, § 78-1219; Ord. No. 101(2nd series), § 1(10.56(9)), 2-24-1992; Ord. No. 27(2nd series), § 6, 7-11-1994) Sec. 6.12.6000. Zoning district compliance with minimum require- ments. (a) The zoning district standards of this chapter currently comply with the lot size, lot width, permitted use and conditional use standards set forth by the department of natural resources shoreland management regulations, Minn. R. 6120.2500 through 6120.3900. (b) The following city zoning districts are partially or fully located within the shoreland overlay district: LR-lA RR-lA B-1 LR-113 RR-113 B-2 LR-1C RS B-3 LR-1C-1 B-5 B-4 (c) The following zoning districts are also potentially available for use within the shore - land areas: B-6 R-1B PUD R-lA RPUD (d) Any future changes within the zoning districts listed above shall meet the department of natural resources regulations effective July 3, 1989. (Code 2003, § 78-1220; Ord. No. 101(2nd series), § 1(10.56(15)), 2-24-1992; Ord. No. 202(2nd series), § 1, 2-26-2001; Ord. No. 243(3rd series), § 2, 4-13-2020) Sec. 6.12.6010. Subdivision/platting provi- sions. (a) Land suitability. Each lot created through subdivision, including planned unit develop- ments or planned residential developments authorized elsewhere in the zoning and platting codes, must be suitable in its natural state for the proposed use with minimal alteration. In analyzing the suitability of land for a specific use, the city shall consider: (1) Susceptibility to flooding; (2) Existence of wetlands; (3) Soil and rock formations with severe limitations for development; (4) Severe erosion potential; (5) Steep topography; (6) Inadequate water supply or sewage treat- ment capabilities; (7) Near -shore aquatic conditions unsuit- able for water -based recreation; (8) Important fish and wildlife habitat; (9) Presence of significant historic sites; or CD6:194 00 Iq LAND USE (10) Any other feature of the natural land likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the com- munity. (b) Consistency with other controls. Subdivi- sions shall conform to all official controls of the city. Subdivision will not be approved where a later variance from one or more standards in the official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless adequate and conforming water supply and sewage treat- ment systems can be provided for each lot in conformance with chapter 5.24, article II. Each lot shall meet the minimum lot size and dimensional requirements set forth elsewhere in this Code, including at least a minimum contigu- ous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved. (c) Information requirements. Sufficient information must be submitted by the applicant for the city to make a determination of land suitability. In addition to information required by other provisions in this chapter and chapter 6.20, the following information shall also be submitted: (1) Topographic contours at two -foot intervals showing limiting site characteristics. (2) The surface water features required in Minn. Stats. § 505.02, subd. 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources. (3) Adequate soils information to determine suitability for building and on -site sewage treatment capabilities for every lot from the most current existing sources or from field investigations, such as soil borings, percolation tests or other methods. (4) Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic § 6.12.6110 alterations; near -shore aquatic condi- tions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling storm water runoff and erosion, both during and after construction activities. (5) Location of 100-year floodplain areas and floodway districts from existing adopted maps or data. (6) A line or contour representing the ordinary high-water level, the toe and the top of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream. (d) Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands, as regulated in article VIII of this chapter. (e) Lakeshore access lots. Lots intended as accesses to public waters or as recreational areas for use by owners of nonriparian lots within a subdivision must meet or exceed the minimum standards set forth in this section. (Ord. No. 101(2nd series), § 1(10.56(18)), 2-24- 1992) Sec. 6.12.6020. Riparian access and rights. For properties which as a result of the designa- tion of the OHWL are found to abut the bound- ary of a lake, stream or tributary, no section of this chapter shall be construed as obligating the city to approve variances to provisions of this chapter prohibiting physical improvements, structures or land alteration within protected wetlands, floodplain areas or shorelands. Noth- ing in this chapter shall be considered as establish- ing or increasing riparian rights. This article is intended to regulate land use and establish building and zoning restrictions only. (Code 2003, § 78-1221; Ord. No. 101(2nd series), § 1(10.56(20)), 2-24-1992) Division 2. Administration and Enforcement Sec. 6.12.6110. Enforcement. The zoning administrator is responsible for the administration and enforcement of this article. CD6:195 § 6.12.6110 ORONO CODE Any violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of vari- ances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this article can occur regard- less of whether or not a permit is required for a regulated activity pursuant to section 6.12.6120. (Code 2003, § 78-1246; Ord. No. 101(2nd series), § 1(10.56(6)), 2-24-1992) Sec. 6.12.6120. Land alteration and build- ing permits required. A permit is required for the construction of buildings, building additions, related work such as construction of decks and signs, installation or alteration of sewage treatment systems, grad- ing and filling activities, and other activities as regulated in article X, division 7 of this chapter. (Code 2003, § 78-1247; Ord. No. 101(2nd series), § 1(10.56(10)), 2-24-1992; Ord. No. 243(3rd series), § 2, 4-13-2020) Sec. 6.12.6130. Certificate of zoning compliance. The zoning administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in section 6.12.6120. This certificate will specify that the use of land conforms to the requirements of this article. Any use, arrangement or construction at variance with that authorized by permit shall be unlawful. (Code 2003, § 78-1248; Ord. No. 101(2nd series), § 1(10.56(11)), 2-24-1992) Sec. 6.12.6140. Variances. Variances may only be granted in accordance with Minn. Stats. ch. 462 and as otherwise regulated in this chapter. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required elsewhere in this article shall also include the planning commission's and city council's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. (Code 2003, § 78-1249; Ord. No. 101(2nd series), § 1(10.56(12)), 2-24-1992) State law reference —Variances, Minn. Stats. § 462.357, subd. 6(2). Sec. 6.12.6150. Conditional uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses established in this chapter. The following additional evaluation criteria and conditions apply within the shoreland overlay district: (1) Evaluation criteria. A thorough evalua- tion of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure: a. The prevention of soil erosion or the possible pollution of public waters, both during and after construction; b. The visibility of structures and other facilities as viewed from public waters is limited; C. The site is adequate for water supply and on -site sewage treatment; and d. The types, uses and numbers of watercraft that the project will gener- ate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. (2) Conditions attached to conditional use permits. The city council upon consideration of the criteria listed in subsection (1) of this section and the purposes of this article, shall attach such conditions to the issuance of the conditional use permits as it deems neces- sary to fulfill the purposes of this article. Such conditions may include, but are not limited to, the following: a. Increased setbacks from the ordinary high-water level. CD6:196 LAND USE b. Limitations on the natural vegeta- tion to be removed or the require- ment that additional vegetation be planted. C. Special provisions for the locations, design and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. (Code 2003, § 78-1250; Ord. No. 101(2nd series), § 1(10.56(13)), 2-24-1992) Sec. 6.12.6160. Notifications to the depart- ment of natural resources. Copies of all notices of any public hearings to consider variances, amendments or conditional uses under this article must be sent to the commissioner of the department of natural resources and postmarked at least ten days before the hearings. Notices of hearing to consider proposed subdivisions/plats must include copies of the subdivision/plat. Upon final action by the city council, a copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under this article must be sent to the commissioner of the depart- ment of natural resources and postmarked within ten days of final action. (Code 2003, § 78-1251; Ord. No. 101(2nd series), § 1(10.56(14)), 2-24-1992) Sec. 6.12.6170. Nonconformities. All legally established nonconformities as of February 24, 1992, may continue subject to applicable state statutes and as regulated elsewhere in this Code. In shoreland areas, the following standards shall also apply: (1) Construction on nonconforming lots of record. Development or use of existing lots of record shall be regulated as set forth in section 6.12.320. (2) Additions l expansions to nonconforming structures. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements set forth in this chapter. Any deviation § 6.12.6220 from these requirements must be authorized by a variance pursuant to provisions of this chapter. (3) Nonconforming sewage treatment systems. A nonconforming sewage treatment system (also defined as a noncompliant system) located within the shoreland overlay district must be upgraded and made conforming, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property, except that systems which are noncompliant due solely to lack of three feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics shall have seven years in which to become compli- ant per the provisions of chapter 5.24, article II. All other noncompliant sewage treatment system provisions of chapter 5.24, article II shall apply to all shore - land areas. (Code 2003, § 78-1252; Ord. No. 101(2nd series), § 1(10.16(17)), 2-24-1992; Ord. No. 162(2nd series), § 1, 9-22-1997; Ord. No. 243(3rd series), § 2, 4-13-2020) Division 3. Shoreland Overlay District Standards Sec. 6.12.6210. General requirement; greater restriction. The shoreland overlay district standards are in addition to the requirements set forth in this chapter for the various zoning districts. In case of conflict, the most restrictive provision applies. (Code 2003, § 78-1276; Ord. No. 101(2nd series), § 1(10.56(16)), 2-24-1992; Ord. No. 243(3rd series), § 2, 4-13-2020) Sec. 6.12.6220. Minimum lot area/lot width standards. Minimum lot area and lot width standards of the underlying zoning district shall apply, with the following exceptions: (1) No lot within 1,000 feet of a general development lake and approved for duplex use per section 6.12.1030, 6.12.1130, CD6:197 0 L0 § 6.12.6220 ORONO CODE 6.12.1330, 6.12.1430, 6.12.1530, or 6.12.1620 shall be less than 135 feet in width nor less than 26,000 square feet in area, if riparian, nor less than 17,500 square feet in area, if nonriparian, but such lot shall also meet the minimum lot area and width requirements of the respec- tive underlying zoning district. (2) No lot within 300 feet of a tributary and approved for duplex use per section 6.12.1030, 6.12.1130, 6.12.1330, 6.12.1430, 6.12.1530, or 6.12.1620 shall be less than 150 feet in width when no sewer is available, nor less than 115 feet in width when sewer is available, but such lot shall also meet the minimum lot width requirements of the respective underly- ing zoning district. (Code 2003, § 78-1277; Ord. No. 101(2nd series), § 1(10.56(16)(A)), 2-24-1992; Ord. No. 63(3rd series), § 1, 9-14-2009; Ord. No. 243(3rd series), § 2, 4-13-2020) Sec. 6.12.6230. Lakeshore access lots. Lots intended as accesses to public waters or as recreation areas for use by owners of nonrip- arian lots within subdivisions are permissible and must meet the following minimum standards: (1) Any such lakeshore access lot shall be designated as an outlot and shall not be considered as a buildable residential lot. (2) Such an outlot shall not be subject to minimum lot area or width standards, except that the number of inland nonri- parian lots which may gain access via such outlot shall not exceed the number obtained by dividing the outlot width measured at the shoreline by the required zoning district lot width, rounded down to the nearest whole number. (3) Such outlot shall be jointly owned by all owners of nonriparian lots in the subdivi- sion who are provided riparian access rights on the access outlot. (4) No such access outlot shall be created as part of a subdivision plat except when the building lots within the subdivision are separated by an existing public or private roadway from the lakeshore, and the land on either side of the roadway was in common ownership as of the effective date of Ordinance No. 101, adopted February 24, 1992. (5) Covenants or other equally effective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring or docking. They can also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked or stored over water, and must require centralization of all common facilities and activities in the most suitable loca- tions on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf -on conditions. Such covenants are subject to city approval. (Code 2003, § 78-1278; Ord. No. 101(2nd series), § 1(10.56(16)(B)), 2-24-1992) Sec. 6.12.6240. 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. N O V) LAND USE Public Water Classifica- tion Setbacks BuildinglStructure Sewage Treatment System Unsewered Sewered 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 Setback from: (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, 301 state or county highway and local public and private roads 1 Except for accessory buildings on Lake- shore 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 6.12.6270. Retain- § 6.12.6240 ing walls within the shore setback zone may be permitted according to the follow- ing: a. A retaining wall may be constructed within the shore setback zone if it is an integral part of a permitted lake access stair and the retaining wall is designed to be the minimum size necessary. b. A replacement retaining wall, includ- ing a change in material, may be permitted within the shore setback zone when all of the following condi- tions are met: 1. The wall is under four feet in height, and in the same loca- tion; and 2. The existing wall shows signs of failure. A wall within a defined bluff and bluff setback; and/or a replacement wall four feet in height or greater; and/or any new walls shall require a conditional use permit. New walls and replacement walls greater than four feet in height must meet the following conditions. The wall must be: 1. Designed to correct an established erosion problem; and 2. Suitable given the demonstrated need; and 3. Designed by a registered engineer or landscape architect, depending on project scope; and 4. Designed to be the minimum size necessary to control the erosion problem. (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 CD6:199 M O LO § 6.12.6240 ORONO CODE 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 Lake- shore setback line shall be a straight line connecting the most lakeward protru- sions 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 aver- age lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the principal building on the immediately adjacent improved Lake- shore 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. (Code 2003, § 78-1279; Ord. No. 101(2nd series), § 1(10.56(16)(C)), 2-24-1992; Ord. No. 11(3rd series), § 1, 5-24-2004; Ord. No. 106(3rd series), § 28, 6-10-2013; Ord. No. 157(3rd series), § 1, 8-10-2015; Ord. No. 222(3rd series), § 19, 12-10- 2018; Ord. No. 234(3rd series), § 1, 10-14-2019; Ord. No. 243(3rd series), § 2, 4-13-2020; Ord. No. 284(3rd series), § 3, 11-13-2023; Ord. No. 303(3rd series), § 2, 4-8-2024) Sec. 6.12.6250. Minimum lowest floor elevations. All structures located within the shoreland overlay district which are subject to the floodplain regulations of article VIII of this chapter shall be placed at an elevation consistent with the require- ments of that article. The regulatory flood protec- tion elevation shall be established as set forth in section 6.12.4640. 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 floodplain 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 lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high-water level, whichever is higher. (2) For rivers and streams, by placing the lowest floor at least three feet above the flood of record. (Code 2003, § 78-1280; Ord. No. 101(2nd series), § 1(10.56(16)(D)), 2-24-1992) Sec. 6.12.6260. Water -oriented accessory structures. The only water -oriented accessory structures allowed to be located nearer the ordinary high- water level than the normal structure setback as specified in this article shall be: (1) One lockbox no greater than 20 square feet in area and no higher than 48 inches in height; (2) One flagpole setback from side lot lines a distance no less than the required principal structure side yard setback for the zoning district; and (3) One pumphouse no greater than 20 square feet in area and no higher than 48 inches in height. (Code 2003, § 78-1281; Ord. No. 101(2nd series), § 1(10.56(16)(E)), 2-24-1992; Ord. No. 106(3rd series), § 27, 6-10-2013) Sec. 6.12.6270. Driveways, stairways, lifts and landings. (a) Driveways must not be placed within bluff and shore impact zones when other reasonable and feasible placement alternatives exist. If no alternatives exist, a driveway may be placed 14 0 V) LAND USE within these areas when designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters, and shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction and in accordance with chapter 6.16 as approved by the community development director. (b) Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and land- ings shall be allowed in the shore setback zone and must meet the following design require- ments: (1) Stairways and lifts must not exceed four feet in width. (2) Landings for stairways and lifts shall not exceed 32 square feet in area. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil ero- sion. (5) Stairways, lifts and landings must be located in the most visually inconspicu- ous portions of lots, as viewed from the surface of the public water, assuming summer, leaf -on conditions, whenever practical. (6) Facilities necessary to provide shore area access to physically handicapped persons shall be allowed, provided that the dimensional and performance standards of subsections (b)(1) through (5) of this section are completed in addition to the requirements of the Minn. Stats. ch. 1340. (7) A building permit shall be obtained for construction of stairways, lifts and land- § 6.12.6300 ings regardless of whether such improve- ments are constructed above, at or below grade. (Code 2003, § 78-1282; Ord. No. 101(2nd series), § 1(10.56(16)(F)), 2-24-1992; Ord. No. 59(3rd series), § 2, 5-11-2009; Ord. No. 243(3rd series), § 2, 4-13-2020; Ord. No. 311(3rd series), § 1, 12-9-2024) Sec. 6.12.6280. Steep slopes. Any applicant requesting a permit for construc- tion of sewage treatment systems, roads, driveways, structures, grading, or other improve- ments on steep slopes shall provide adequate information to allow the city to evaluate possible soil erosion impacts and development of vis- ibility from public waters before such permit may be issued. Grading plans prepared for steep slopes shall be prepared by a professional engineer licensed by the state. When necessary, condi- tions may be attached to issued permits to prevent erosion and preserve existing vegetation screening of structures, vehicles and other facili- ties as viewed from the surface of public waters, assuming summer, leaf -on vegetation. (Code 2003, § 78-1283; Ord. No. 101(2nd series), § 1(10.56(16)(G)), 2-24-1992; Ord. No. 243(3rd series), § 2, 4-13-2020) Sec. 6.12.6290. Height of structures. No structure within the shoreland overlay district shall exceed the height limitations set forth in the standards for the underlying zoning district. (Code 2003, § 78-1284; Ord. No. 101(2nd series), § 1(10.56(16)(H)), 2-24-1992) Sec. 6.12.6300. Vegetation alterations. (a) Tree removal and replacement. No tree within 75 feet of the shoreline of public waters identified in section 6.12.5970, 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. Trees removed within 75 feet of the CD6:201 § 6.12.6300 ORONO CODE shoreline shall be replaced at a similar setback from the OHWL as the removed tree, based on the following: (1) Live trees less than 36 inches in diameter require one inch of replacement tree per inch of tree diameter removed. (2) Live trees greater than 36 inches in diameter require one-half inch of replace- ment 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. Trees may be inspected by city staff prior to their removal. All replacement trees shall be a species native to the state as listed on the state DNR's native trees list. All replacement trees must be approved by the city. (4) Dead or diseased trees or trees deemed hazardous by a certified arborist may not be removed without a permit from city staff. The removed trees shall be replaced at a ratio of one tree per tree removed, regardless of size. The replacement tree shall be replanted at a similar setback from the OHWL 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. (b) Intensive vegetation clearing. (1) Intensive vegetation clearing within 75 feet of the shoreline of public waters identified in section 6.12.5970, 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 permit- ted lockboxes, provided that the screen- ing of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf -on conditions, is not substantially reduced. (2) All intensive vegetation clearing, includ- ing 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. (Code 2003, § 78-1285; Ord. No. 101(2nd series), § 1(10.56(16)(I)), 2-24-1992; Ord. No. 127(2nd series), § 7, 7-11-1994; Ord. No. 178(3rd series), § 14, 10-10-2016; Ord. No. 243(3rd series), § 2, 4-13-2020; Ord. No. 274(3rd series), § 1, 6-13- 2022; Ord. No. 303(3rd series), § 3, 4-8-2024; Ord. No. 311(3rd series), § 2, 12-9-2024) Sec. 6.12.6310. New public and private roads. New public and private roads, parking areas, and public or private watercraft access ramps shall not be constructed within the shore setback of the public waters enumerated in section 6.12.5970. If no alternatives exist, such improve- ments shall be subject to the standard zoning variance review procedure, and such review shall consider the following: (1) Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screen- ing from view from public waters. (2) 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 and in accordance with chapter 6.16. (Code 2003, § 78-1286; Ord. No. 101(2nd series), § 1(10.56(16)(J)), 2-24-1992; Ord. No. 127(2nd series), § 8, 7-11-1994; Ord. No. 163(2nd series), § 3, 12-8-1997; Ord. No. 171(2nd series), § 2, 4-4-1998; Ord. No. 28(3rd series), § 17, 8-22- 2005; Ord. No. 133(3rd series), §§ 2, 3, 1-26- 2015; Ord. No. 219(3rd series), § 4, 12-10-2018; Ord. No. 243(3rd series), § 2, 4-13-2020; Ord. No. 311(3rd series), § 3, 12-9-2024) CD6:202 W 0 L0 LAND USE Sec. 6.12.6320. Stormwater management. The following general and specific standards shall apply in addition to those standards found in article VIII of this chapter and section 6.20.910: (1) When possible, existing natural drainage - ways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain stormwater runoff before discharge to public waters. § 6.12.6340 Sec. 6.12.6340. Standards for commercial, public and semipublic uses. (a) Surface -water -oriented commercial uses and public or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters, if permitted by the underlying zoning district standards. Those uses with water - oriented needs must meet the following standards: (2) A development must be planned and (1) In addition to meeting impervious cover - conducted in a manner that will minimize age (hardcover) limits, setbacks, and other the extent of disturbed areas, runoff veloci- zoning standards in this article, the uses ties and erosion potential, and reduce must be designed to incorporate and delay runoff volumes. Disturbed areas topographic and vegetative screening of must be stabilized and protected as soon parking areas and structures. as possible and facilities or methods used to retain sediment on the site. (2) Uses that require short-term watercraft (3) When development density, topographic mooring for patrons must centralize these features, and soil and vegetation condi- facilities and design them to avoid obstruc- tions are not sufficient to adequately tions of navigation and to be the minimum handle stormwater runoff using natural size necessary to meet the need. features and vegetation, various types of (3) Uses that depend on patrons arriving by constructed facilities, such as diversions, watercraft may use the minimum amount settling basins, skimming devices, dikes, of signage and lighting necessary to convey waterways and ponds may be used. Prefer- needed information to the public, subject ence must be given to designs using to the following general standards: surface drainage, vegetation, and infiltra- tion rather than buried pipes and man- a. No advertising signs or supporting made materials and facilities. facilities for signs may be placed in (4) When constructed facilities are used to or upon public waters. Signs convey - perform water management, documenta- ing information or safety messages tion must be provided by a registered may be placed in or on public waters professional civil engineer that they are by a public authority or under a designed and installed consistent with permit issued by the county sheriff. the field office technical guide of the local b. Signs may be placed, when neces- soil and water conservation district. sary, within the shore setback zone (5) New constructed stormwater outfalls to if they are designed in size to be the public waters must provide for filtering minimum necessary to convey or settling of suspended solids and skim- needed information. They must only ming of surface debris before discharge. convey the location and name of the (Code 2003, § 78-1287; Ord. No. 101(2nd series), establishment and the general types § 1(10.56(16)(K)), 2-24-1992) of goods or services available. The signs must not contain other detailed Sec. 6.12.6330. Hardcover limitations. information such as product brands Hardcover on all lots within the shoreland and prices, must not be located overlay district shall comply with the require- higher than ten feet above the ments of article XIII of this chapter. ground, and must not exceed 32 (Code 2003, § 78-1288; Ord. No. 94(3rd series), square feet in size. If illuminated § 6, 9-24-2012) by artificial lights, the lights must CD6:203 ti 0 L0 § 6.12.6340 ORONO CODE be shielded or directed to prevent illumination out across public waters. C. The aggregate square footage of sign space per property shall not exceed the limitations on sign square foot- age as regulated in article X, divi- sion 4 of this chapter. d. Non sign -related outside lighting may be located within the lakeshore setback zone or over public waters only if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. (b) 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. (Code 2003, § 78-1289; Ord. No. 101(2nd series), § 1(10.56(16)(M)), 2-24-1992; Ord. No. 243(3rd series), § 2, 4-13-2020) Sec. 6.12.6350. Agricultural use standards. (a) When permitted in the underlying zoning district, general cultivation farming, grazing, nurseries, horticulture, truck farming and wild crop harvesting shall be allowed in the shoreland overlay district; except that no such activity shall occur within the shore setback zone nor on steep slopes or bluff impact zones. Steep slopes, shore setback zone and bluff impact zones shall be maintained in permanent vegetation. (b) Animal feedlots must meet the following standards: (1) New feedlots, if permitted, must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high-water level of all public waters basins; and (2) Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high-water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high-water level setback or encroach on bluff impact zones. (Code 2003, § 78-1290; Ord. No. 101(2nd series), § 1(10.56(16)(N)), 2-24-1992) Sec. 6.12.6360. Forest management standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Non -Point - Source Pollution Assessment -Forestry and the provisions of Water Quality in Forest Manage- ment Best Management Practices in Minnesota. (Code 2003, § 78-1291; Ord. No. 101(2nd series), § 1(10.56(16)(0)), 2-24-1992) Sec. 6.12.6370. Extractive use standards. In addition to interim use permit require- ments included within article XIV of this chapter, the following standards apply: (1) Site development and restoration plan. An extractive use site development and restoration plan must be developed, approved and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of opera- tion, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during opera- tion to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end. (2) Setbacks for processing machinery. Processing machinery must be located consistent with setback standards for buildings from ordinary high-water levels of public waters and from bluffs. (Code 2003, § 78-1292; Ord. No. 101(2nd series), § 1(10.56(16)(P)), 2-24-1992; Ord. No. 243(3rd series), § 2, 4-13-2020) CD6:204 W. LAND USE Sec. 6.12.6380. Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the state department of health and the state pollution control agency. (Code 2003, § 78-1293; Ord. No. 101(2nd series), § 1(10.56(16)(Q)), 2-24-1992) Sec. 6.12.6390. Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment per chapter 5.24, article II. On -site sewage treatment systems must be set back from the ordinary high-water level in accordance with the setbacks contained in section 6.12.6240. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with section 6.12.6170. (Code 2003, § 78-1294; Ord. No. 101(2nd series), § 1(10.56(16)(R)), 2-24-1992) Sec. 6.12.6400. Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. (Code 2003, § 78-1295; Ord. No. 101(2nd series), § 1(10.56(16)(S)), 2-24-1992) Division 4. PRD IPUD Standards Sec. 6.12.6510. Types of allowed planned developments. Residential planned unit developments (planned residential developments or PRDs) are allowed in the shoreland overlay district for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. Land use districts in which they are an allowable use are identified in the individual zoning district descriptions in this chapter; except rezoning to M-6 and develop- ment via the M-6 PRD shall not be allowed within the shoreland overlay district. (Code 2003, § 78-1321; Ord. No. 101(2nd series), § 1(10.56(19)(A)), 2-24-1992) Sec. 6.12.6520. Commercial PUDs. § 6.12.6540 Commercial planned unit developments are limited to land within the Highway 12 Corridor as set forth in the city's comprehensive plan Amendment No. 2 adopted May 23, 1988. The following further restriction shall apply: No land located within the shoreland overlay district shall be developed via a commercial PUD. Any proposed amendment to this chapter which would allow commercial PUD development within the shoreland overlay district shall be subject to review by the department of natural resources to ensure consistency with DNR requirements for shoreland areas. (Code 2003, § 78-1322; Ord. No. 101(2nd series), § 1(10.56(19)(B)), 2-24-1992) Sec. 6.12.6530. Processing of residential planned unit develop- ments. Residential planned unit developments (PRDs) shall be processed as a conditional use permit as required by the individual zoning district standards. (Code 2003, § 78-1333; Ord. No. 101(2nd series), § 1(10.56(19)(C)), 2-24-1992) Sec. 6.12.6540. Application for a planned residential development. The applicant for a PRD must submit the following documents, in addition to the informa- tion required in article IV, division 10 of this chapter, prior to final action's being taken on the application request: (1) A site plan and/or plat for the project showing locations of property boundar- ies, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at two -foot intervals. (2) Property owners' association agreement with mandatory membership, in accordance with the requirements of this article. CD6:205 0 0 LO § 6.12.6540 ORONO CODE (3) Deed restrictions, covenants, permanent easements or other instruments that: a. Properly address future vegetative and topographic alterations, construction of additional build- ings, and beaching of watercraft; and b. Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in this article. (4) Those additional documents as requested by the city that are necessary to explain how the PRD will be designed and will function. (Code 2003, § 78-1324; Ord. No. 101(2nd series), § 1(10.56(19)(D)), 2-24-1992) Sec. 6.12.6550. Site -suitable area evalua- tion. Proposed new or expansions to existing PRDs must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evalua- tion: (1) The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high-water level at the following intervals, proceeding landward: Shoreland Tier Dimensions the ordinary high-water level of public waters. This suitable area and the proposed project are then subjected to the PRD density evaluation steps to arrive at an allowable number of dwelling units or sites. (Code 2003, § 78-1325; Ord. No. 101(2nd series), § 1(10.56(19)(E)), 2-24-1992) Sec. 6.12.6560. PRD allowable density evaluation. The procedures for determining the allowable density of a PRD is as follows: (1) The suitable area within each tier is divided by the single residential lot size standard of the underlying zoning district, yielding the allowable number of dwell- ing units or sites for each tier (fractions shall be rounded down to the nearest whole number, but may be transferred as noted in subsection (2) of this section). (2) Allowable densities or numbers of units or excess fractions of units may be transferred from any tier to any other tier further from the water body but must not be transferred to any other tier closer. (3) No density increases based on increased setbacks or other factors will be allowed. (Code 2003, § 78-1326; Ord. No. 101(2nd series), § 1(10.56(19)(F)), 2-24-1992) Un.sewered Setuered Sec. 6.12.6570. Maintenance and (feet) (feet) administration require - General development ments. lakes —First tier 200 200 General development (a) Generally. Before final approval of a PRD, lakes —Second and additional tiers 267 200 adequate provisions must be developed for Recreational develop- preservation and maintenance in perpetuity of ment lakes 267 267 open spaces and for the continued existence and Natural environment functioning of the development. lakes 400 320 Tributaries 300 300 (b) Open space preservation. Deed restric- (2) The suitable area within each tier is next tions, covenants, permanent easements, public calculated by excluding from the tier dedication and acceptance or other equally effec- area all wetlands, bluffs or land below tive and permanent means must be provided to CD6:206 0 V) LAND USE § 6.12.6590 ensure long-term preservation and maintenance d. Parking areas. of open space. The instruments must include all e. Structures. of the following protections: (1) Commercial uses prohibited. f. Commercial facilities or uses. (2) Vegetation and topographic alterations (3) The following items shall be included in the computation of minimum open space: other than routine maintenance prohibited. a. Wetlands. (3) Construction of additional buildings or b. Significant historic sites. storage of vehicles and other materials C. Unplatted cemeteries. prohibited. d. Other areas with physical (4) Uncontrolled beaching of watercraft characteristics unsuitable for prohibited. development in their natural state. (c) Development, organization and p g function- e. The Lakeshore setback zone based ing. Unless an equally effective alternative com- on normal required structure munity framework is established, when applicable, setbacks, must be included as open all PRDs must use an owners' association with space. For PRDs, the entire lake - the following features: shore setback zone must be preserved in its natural or existing state, except (1) Membership must be mandatory for each for those improvements necessary dwelling unit or site purchaser and any to provide reasonable pedestrian successive purchasers. access to the water body as regulated (2) Each member must pay a pro rata share elsewhere in this chapter. of the association's expenses, and unpaid (4) Open space may include subsurface assessments can become liens on units or sewage treatment systems if the use of sites. the space is restricted to avoid adverse (3) Assessments must be adjustable to accom- impacts on the systems. modate changing conditions. (5) The appearance of open space areas, (4) The association must be responsible for including topography, vegetation and insurance, taxes and maintenance of all allowable uses, must be preserved by use commonly owned property and facilities. of restrictive deed covenants, permanent (Code 2003, § 78-1327; Ord. No. 101(2nd series), easements, public dedication and § 1(10.56(19)(G)), 2-24-1992) acceptance, or other equally effective and permanent means. Sec. 6.12.6580. Open space requirements. (Code 2003, § 78-1328; Ord. No. 101(2nd series), § 1(10.56(19)(11)), 2-24-1992) PRDs must contain open space meeting all of the following criteria: Sec. 6.12.6590. Erosion control and storm. (1) At least 50 percent of the total project water management. area must be preserved as open space. Erosion control and stormwater management (2) The following items shall not be included plans must be developed, and the PRD must: in the computation of minimum open (1) Be designed and the construction man - space: aged to minimize the likelihood of seri- a. Dwelling units or sites. ous erosion occurring either during or b. Road rights -of --way. after construction. This must be accomplished by limiting the amount and C. Land covered by road surfaces. length of time of bare ground exposure. CD6:207 r r LO § 6.12.6590 ORONO CODE Temporary ground covers, sediment entrapment facilities, vegetated buffered strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by the Minnehaha Creek Watershed District may be required if project size and site physical characteristics warrant. (2) Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. (Code 2003, § 78-1329; Ord. No. 101(2nd series), § 1(10.56(19)(I)), 2-24-1992; Ord. No. 94(3rd series), § 7, 9-24-2012) Sec. 6.12.6600. Centralization and design of facilities. Centralization and design of facilities and structures must be done according to the follow- ing standards: (1) PRDs must be connected to publicly owned water supply and sewer systems, if avail- able. On -site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the state department of health, the state pollution control agency, and as regulated elsewhere in this chapter. On -site sewage treatment systems must be located on the most suitable areas of the develop- ment, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewerage system. (2) Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland clas- sification: a. Setback from the ordinary high- water level. b. Elevation above the surface water features. C. Maximum height. (3) Shore recreation facilities, including, but not limited to, swimming areas, docks and watercraft mooring areas, must be centralized and located in an area suit- able for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock or other relevant factors. The number of dwelling units or sites which may be granted lake access shall not exceed the number of riparian dwelling units or sites which could be created under a standard subdivision. The allowable number of dock slips or moorings and the designation of which dwelling units or sites shall have the right to use those slips or moorings shall be subject to council approval and shall be defined in the covenants governing the PRD. In no case shall the number of slips or moorings exceed the number allowed under the official controls of the Lake Minnetonka Conservation District. All docks serving three or more dwelling units shall be subject to the joint use dock licensing requirements in chapter 6.28, article II. (4) Structures. Parking areas and other facili- ties must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color or other means acceptable to the city, assuming summer, leaf -on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided. (5) Accessory structures and facilities must meet the required principal structure setback and must be centralized, except for those pedestrian access and equip- ment storage structures allowed elsewhere in this chapter. (Code 2003, § 78-1330; Ord. No. 101(2nd series), § 1(10.56(19)(J)), 2-24-1992) N LO LAND USE Sec. 6.12.6610. Conversion. Existing resorts or other land uses may be converted to planned residential developments if all of the following standards are met: (1) Proposed conversions must be initially evaluated using the same procedures for PRDs involving all new construction. Inconsistencies between existing features of the development and these standards must be identified. (2) Deficiencies involving water supply and sewage treatment, impervious coverage, open space, and shore recreation facili- ties must be corrected as part of the conversion or as specified in the conditional use permit. (3) Shore setback zone and bluff impact zone deficiencies must be evaluated, and reasonable improvements be made as part of the conversion. These improve- ments must include, where applicable, the following: a. Removal of extraneous buildings, docks or other facilities that no longer need to be located in shore setback zone or bluff impact zone. b. Remedial measures to correct ero- sion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water. C. If existing dwelling units are located in the shore setback zone or bluff impact zone, conditions shall be attached to approvals of conver- sions that preclude exterior expan- sions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwell- ing units, where feasible, to other locations, meeting all setback and alteration requirements when they are rebuilt or replaced. (4) Existing dwelling unit or dwelling site densities that exceed the standards in section 6.12.6560 may be allowed to continue but must not be allowed to be § 6.12.6720 increased, either at the time of conver- sion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screen- ing, centralizing shore recreation facili- ties, installing new sewage treatment systems, or other means. (Code 2003, § 78-1331; Ord. No. 101(2nd series), § 1(10.56(19)(K)), 2-24-1992; Ord. No. 243(3rd series), § 2, 4-13-2020) ARTICLE X. SUPPLEMENTARY REQUIREMENTS AND RESTRICTIONS Division 1. Generally Sec. 6.12.6710. Height of structures. On any lot sloping downhill from the street, which has an average ground slope on that portion of the lot to be occupied by the main building of 25 percent or more (measured in the general direction of the side lot lines), an additional 12 feet of height may be permitted in such main building and the garage or parking space may be in the required front yard, provided a yard of ten feet or more is maintained. (Code 1984, § 10.75(1)—(3); Code 2003, § 78- 1366; Ord. No. 161(2nd series), § 12, 6-7-1997; Ord. No. 106(3rd series), § 20, 6-10-2013) Sec. 6.12.6720. 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's being less than the minimum acreage required for that zoning district, shall be allowed to be combined with any separated parcel of land across the road for purposes of qualifying under the minimum acre- age, open space, 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 individu- ally conform to the provisions of this chapter in connection with construction of improvements on each parcel. (Code 1984, § 10.03(6)(B); Code 2003, § 78-1367) CD6:209 M T" LA § 6.12.6730 ORONO CODE Sec. 6.12.6730. One principal building per lot. Except in the case of planned residential developments, no more than one principal build- ing 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 for an existing dwelling while a new principal structure is being constructed. Such permit shall be issued for a period of three months, and 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. (Code 1984, § 10.03(7); Code 2003, § 78-1368) Sec. 6.12.6740. Lots to face streets. Each lot shall face on a public street or appropriate private easement. (Code 1984, § 10.03(8); Code 2003, § 78-1369) Sec. 6.12.6750. Special standards for back lots created after January 1, 1994. Back lots which were created as part of a subdivision that received preliminary subdivi- sion approval after January 1, 1994, are subject to the following special requirements in addition to the standards required in section 6.20.1060: (1) Dimensional standards for back lots shall be as follows: a. Lot area shall be 150 percent of the zoning district requirement. Wetlands may be allowed as area credit for meeting the 150 percent back lot area requirement, as long as the back lot contains sufficient contiguous dry buildable land to satisfy the minimum acreage requirement of the underlying zoning district. b. Lot width measured parallel to the front or street lot line at the street yard setback line of a lakeshore back lot, or at the front yard setback line of a non-lakeshore back lot, shall meet the zoning district width requirement. The street yard or front yard for any back lot will be a yard starting where the narrow access outlot corridor ends and the lot begins. Lakeshore back lots shall meet the lot width standard at the shoreline, at the Lakeshore setback line, and at the street yard setback line. C. The depth of the required street yard or front yard shall be 150 percent of the zoning district front yard requirement. d. The required side yard and rear yard depths for back lots shall be 150 percent of the zoning district yard requirements. The required lakeshore yard of a lakeshore back lot shall meet the zoning district lakeshore yard requirements. (2) A front lot created as part of a front/back lot division shall meet all zoning district area, width and setback standards; except that the required side yard of the front lot adjacent to the access outlot shall be equivalent to the side street yard require- ment for that zoning district. (3) Access requirements shall be as follows: a. Access outlots shall be 30 feet minimum width, and shall be wide enough to accommodate drainage, snow removal and screening without encroaching on neighboring proper- ties. b. In approving front/back lot divi- sions, the city may require that both front lot and back lot share a driveway access within the access outlot if the council determines that creating an additional access to the existing street will be a potential safety hazard. C. Driveways within a back lot shall be located at least ten feet from the side or rear lot lines of adjacent lots. CD6:210 LAND USE d. No more than two residences may be served by a driveway located within an access outlot. e. No access outlot may be platted abutting an adjacent access outlot except when the intent is to combine the two access outlots for creation of a public or private road meeting city standards. (4) Screening requirements shall be as fol- lows: Driveways constructed in access out - lots shall be adequately screened by fencing or vegetation at the discre- tion of the city, at all points to the rear of the required street yard of the front lot, so as to eliminate intrusion of vehicle headlights into the side or rear yard of adjacent lots. b. The street yard of the back lot shall be adequately screened by fencing or vegetation at the discretion of the city, so as to eliminate intrusion of vehicle headlights into the side or rear yards of adjacent lots. (5) Accessory structures shall adhere to all requirements of this chapter, with the following additional requirements: a. Accessory structures within a back lot shall be allowed no closer than ten feet to a neighboring property's side or rear yard. b. Accessory structures shall not be allowed within the required street yard of a back lot nor within the required rear yard of a front lot which abuts the street yard of a back lot. C. No accessory structure shall be allowed within an access outlot. (Code 2003, § 78-1370; Ord. No. 122(2nd series), § 2, 12-13-1993; Ord. No. 64(3rd series), § 1, 9-14-2009) Sec. 6.12.6760. Traffic visibility. § 6.12.6780 No fences, structures or planting more than three feet high in an R district on corner lots shall be permitted to obstruct traffic visibility within a triangular area defined as follows: beginning at the intersection of the projected curblines of two intersecting streets; thence 30 feet along one curbline; thence diagonally to a point 30 feet from the point of beginning on the other curbline; thence to the point of beginning. (Code 1984, § 10.03(16); Code 2003, § 78-1371) Sec. 6.12.6770. Dwelling use prohibited. No cellar, tent, trailer or accessory building shall at any time be used as an occupied dwelling unless otherwise approved as guest houses. (1) Minn. Stats. § 462.3593 authorizes and defines temporary family health care dwellings. (2) The state statute allows a municipality to opt out of the requirements of Minn. Stats. § 462.3593.. Because temporary family health care dwellings are inconsistent with the density objectives of the comprehensive plan and the character established and protected by the city ordinances, the city hereby opts out of the temporary family health care dwelling section. (Code 1984, § 10.03(11); Code 2003, § 78-1372; Ord. No. 175(3rd series), § 1, 7-11-2016) Sec. 6.12.6780. Gas stations. Motor fuel stations in all districts shall be subject to the following performance standards: (1) Fencing. A fence, wall or landscaping of acceptable design not over six feet or less than five feet in height shall be constructed along the property line when the use abuts property residentially used or in an R district, and the fence shall be adequately maintained. Application of this provision shall not require a fence within the required front yard or within 15 feet of any street right-of-way line. CD6:211 W) T" LO § 6.12.6780 ORONO CODE (2) Surfacing. The entire site other than line shall be developed according to a that taken up by a structure or planting submitted planting plan that meets the shall be surfaced with a material to approval of the planning commission. control dust and drainage. (2) Lighting. The outside lighting, if installed, (3) Drainage. A drainage system subject to shall be in accordance with a plan approval of the city engineer shall be approved by the council. installed. (Code 1984, § 10.61(19); Code 2003, § 78-1374) (4) Curbs. A box curb not less than six inches above grade shall separate the public right-of-way from the motor vehicle service areas, except at approved entrances and exits. (5) Lighting. The lighting shall be accomplished in such a way as to have no objectionable direct source of light visible from the public right-of-way or adjacent land in residential use. (6) Pumps. Pump islands shall be installed and conform to yard requirements. (7) Driveways. No driveway at a property line shall be less than 30 feet from the intersection of two street right-of-way lines. (8) Signs. Signs shall be as regulated in the city sign code. (9) Sales prohibited. No sales of motor vehicles shall be permitted except as an integral part of a new car agency. (10) Number limited. Two stations only will be permitted at the same intersection. Two such stations shall be permitted within each district without council approval. (Code 1984, § 10.61(18); Code 2003, § 78-1373; Ord. No. 261(3rd series), § 9, 6-14-2021) Sec. 6.12.6790. Drive-ins. Drive-in establishments in all districts shall be subject to the following performance standards: (1) Fencing. A screening fence not over six feet nor less than four feet in height, which is at least 50 percent opaque throughout its height, shall be constructed along the property line; or a planting strip not less than 15 feet in width reserved and planted along the property Sec. 6.12.6800. Fallout and blast shelters. The purpose of this section is to establish provisions to permit the construction and maintenance of fallout and blast shelters. Fallout and blast shelters are permitted as principal or accessory uses and structures in any district, subject to the yard regulations of the district. Such shelters may contain or be contained in other structures or may be constructed separately, and in addition to shelter use, may be used for any principal or accessory use permitted in the district, subject to the district regulations on such use, but shall not be used for principal or accessory uses prohibited expressly or by implica- tions in the district. The council may permit a fallout or blast shelter to be used for other purposes which are permitted, conditional or accessory uses in the district in which the shelter is located if the council finds that all of the general requirements of this chapter concerning such uses are satisfied, and in addition establishes that: (1) The use other than as a shelter is compat- ible with the shelter proposed; (2) The function as a shelter would not be materially impaired by the proposed use; and (3) If a conditional use permit is required, this permit would have been granted regardless of whether the shelter was involved. (Code 1984, § 10.70; Code 2003, § 78-1375) Sec. 6.12.6810. Home occupations. (a) Purpose. Home occupation regulations are established to ensure that home occupations will not adversely affect the character and livability of the surrounding residential neighborhood. The home occupation shall function as an acces- CD6:212 Y! LAND USE sory and subordinate use to the principal use of the dwelling unit. In order to protect the public health, safety and welfare within residential neighborhood, home occupations shall be divided into two regulatory levels: (1) Level 1 home occupations are home occupations that comply with all standards of subsection (d) of this section and which have no potential neighborhood impacts. Level 1 home occupations may be oper- ated without a license or permit. (2) Level 2 home occupations are home occupations that comply with all standards of subsection (d) of this section but which could have potential neighborhood impacts; and home occupations that do not comply with all standards of subsec- tion (d) of this section and which are not prohibited home occupations under subsection (e) of this section. Level 2 home occupations are required to be licensed under the provisions of section 4.04.310. Level 2 home occupations may include, but are not strictly limited to: a. Those with employed persons other than occupants of the dwelling. b. Those carried out partially or wholly in an accessory structure, where allowed, including storage of materi- als, equipment or commercial vehicles in an accessory building. C. Those involving the use or parking of a commercial or nonpassenger vehicle, whether such use or park- ing is in a building or outside. d. Those which do not meet one or more of the specified performance standards. e. Those which generate excessive traf- fic under the standards of subsec- tion (d)(13) of this section. In cases where it is unclear whether a home occupation should be classified as Level 1 or Level 2, the zoning administra- tor shall make such a determination § 6.12.6810 subject to city council confirmation if requested by the operator of the home occupation. (b) Conformance required. All existing home occupations shall be brought into conformity with this section within one year of the adoption of the ordinance from which this section is derived. (c) License required for Level 2 home occupa- tions. An annual license shall be obtained by any person operating a Level 2 home occupation as defined in this chapter, under the provisions of section 4.04.310. (d) Home occupation regulations. The regula- tions recognize that many types of home occupa- tions can be conducted with minimal or no effect on the surrounding neighborhood. Home occupa- tions shall be subject to the following standards: (1) The home occupation shall be clearly incidental and secondary to the residential use of the premises, and shall result in no incompatibility with or disturbance to the surrounding area. (2) Employed persons. No one other than the occupants of the dwelling and one employee or associate shall be on the property at any given time in relation to the home occupation. No employee or associate or combination of either shall work on the premises for more than 40 hours in one week. The home occupation may employ additional nonresident employees only if their work activities are performed off the premises. Personal vehicles of employees working off the premises shall be parked within a build- ing or shall be fully screened from the street and from adjoining properties. Domestic employees shall not be considered employees of the home occupa- tion. (3) Exterior alterations or modifications that change the residential character or appearance of the dwelling unit or acces- sory structure to that of a commercial nature shall be prohibited. CD6:213 ti W) § 6.12.6810 ORONO CODE (4) Interior alterations or modifications that eliminate the kitchen, habitable areas for sleeping, and bathrooms shall be prohibited. (8) (5) The home occupation shall be conducted within the enclosed area of the dwelling unit, with the exception of lessons or instruction for outdoor activities, such as equestrian training and riding, tennis and other court sports, gardening and swimming. In the RR-lA and RR-113, one -family rural residential districts, home occupations or storage associated with the home occupation may be conducted within accessory structures subject to the following conditions: a. No home occupation conducted wholly or in part in an accessory structure shall produce noise, light and glare, odor, vibration or traffic that will in any way have a perceptible effect upon adjacent or nearby property. b. The home occupation shall conform with all other applicable zoning requirements. C. The property must be conforming in area, and the accessory structure must be conforming in location. (6) Outdoor storage prohibited. Outdoor stor- age or display of materials, goods, sup- plies or equipment related to the conduct of the home occupation shall be prohibited, except that licensed passenger vehicles used in the home occupation may be parked outside provided they are in compliance with all other requirements of this section. (7) Parking. All vehicle parking required for conduct of the home occupation shall be off-street. The off-street parking area required for the principal residential use shall be retained exclusively for the principal residential use and shall not be made unusable by the home occupation. Off-street parking areas providing more than two spaces for the home occupation shall be visually screened from adjacent residential lots. Commercial or nonpassenger vehicles. Parking/storage of any commercial or nonpassenger vehicles used in the home occupation shall be within a fully enclosed building. Noise, odors or vibration from the operation of such vehicles shall not be discernible at the property line. (9) No equipment, machinery, or materials other than of a type normally found in or compatible with a dwelling unit shall be allowed. (10) No retail sales and delivery of products or merchandise to the public shall occur on the premises except when accessory to the services provided. (11) No home occupation activity of a nonresidential character shall be discern- ible from any private or public street. There shall be no exterior signage or display, or interior signs or display which are visible from outside the dwelling, except that a single nameplate sign of not more than two square feet in area per surface, nor more than two surfaces, may be placed on the property. Such sign, if displayed, shall include only the name of property owner and the site address, and shall not identify the type of business. (12) The hours of operation that a home occupa- tion may be accessible to the public shall be limited to the hours between 8:00 a.m. and 7:00 p.m. (13) The home occupation shall not generate excessive traffic that is detrimental to the residential character of the surround- ing properties or the neighborhood. For the purposes of this subsection, more than five customers or clients per day, or more than two customers at any given time, may be determined to be an exces- sive and detrimental level of traffic. The number shall apply to each dwelling unit, regardless of the number of home occupations conducted in the dwelling CD6:214 00 VII LO LAND USE unit. The criteria used by the zoning administrator to determine impact shall include, but not be limited to: a. The characteristics of the neighbor- hood, including current land use, lot sizes, lot widths, parking avail- ability, and screening. b. Type of street, width, and traffic volumes. C. The availability and location of off- street parking. (14) Shipment and delivery of products, merchandise, or supplies shall be limited to the hours of 8:00 a.m. to 7:00 p.m. and shall regularly occur only in single rear axle straight trucks or smaller vehicles typically used to serve residential areas. (15) No sound or noise created by the opera- tion of the home occupation shall be audible at the property lines except between the hours of 8:00 a.m. and 7:00 p.m. Home occupations shall otherwise comply with all noise provisions of this chapter. (16) Any activity or event organized for the purpose of displaying or selling merchandise shall not be held more than six times per year. This section shall not be construed as requiring a license or permit for occasional garage sales or tag sales. (e) Prohibited home occupations. The follow- ing uses, by their nature of operation, have a pronounced tendency to increase beyond the limits permitted for home occupations. These uses have objectionable operational characteristics that adversely impact residential neighborhoods and shall be prohibited as home occupations: (1) Service, repair, or painting of any motor- ized vehicle, including, but not limited to, motor vehicles, trailers, boats, personal watercraft, recreational vehicles, and snowmobiles. (2) Hair styling establishments that serve more than one person at a time. § 6.12.6810 (3) Adult uses, as defined in this Code. Adult uses are prohibited as a home occupation for the reasons set forth in section 6.12.6820, based on the effects and impacts of sexually oriented businesses as set forth in the state attorney general's Report of the Attorney General's Working Group on Regulation of Sexually Oriented Busi- nesses, dated June 6, 1989, and in the Task Force Report on Sexually Oriented Businesses, authored by the Cities of Minnetonka, St. Louis Park and Shako- pee, which considered relevant studies from six cities. (4) Dispatch centers where persons come to a site and are dispatched to other loca- tions. (5) Medical or dental clinic. (6) Rental businesses. (7) Contracting, excavating, welding or machine shops. (8) Commercial kennels and veterinary clin- ics. (9) Tow truck services. (10) Ceramic studios with kilns of volume six cubic feet or more. (11) The sale, lease, trade or other transfer of firearms or ammunition by a firearms dealer, except when such dealer is feder- ally licensed to conduct such activity. (12) Sale or use of hazardous materials in excess of consumer quantities which are packaged for consumption by individual households for personal care or household use. M Reasonable accommodation for disabled persons. Persons with physical or other legally recognized disabilities may request reasonable accommodation by requesting a waiver of one or more of the requirements of this section. The zoning administrator may only grant waivers on the basis of the applicant's physical limitations to function within such requirements. (Code 2003, § 78-1376; Ord. No. 221(2nd series), § 4, 9-23-2002) CD6:215 0 W) § 6.12.6820 Sec. 6.12.6820. Sexually oriented busi- nesses. ORONO CODE (a) Purpose. In order to protect the city's community image, property values, public health, safety, welfare, and business environment, the city has found it necessary, in light of the harmful and unwanted secondary effects that certain businesses generate, to restrict where such businesses may locate within the city and to regulate those businesses. Only those busi- nesses with secondary effects on neighboring properties and the city are intended to be regulated. This section is not intended to restrict or regulate art. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Adult use means and includes every type and variety of bookstore, adult motion picture theater, adult motion picture sales/rental operation, adult mini -motion picture theater, massage parlor, steam room/bathhouse/sauna facility, companion- ship establishment, rap/conversation parlor, adult healtb/sport club, cabaret, adult gift or novelty business, motion picture arcade, adult modeling studio, adult hotel/motel, body painting studio, and any other premises, enterprise, establish- ment, business, operation, or place that is open to some or all members of the public, at, in, on, or from which materials, entertainment, or services are presented, displayed, depicted, described, distributed, sold, or rented that constitute or contain an emphasis on specified anatomical areas or specified sexual activities, and shall include each and every specified adult business. Any activity or material that is classified as obscene under Minn. Stats. § 617.241, as such statute may hereafter be amended, do not constitute an adult use and is specifically prohibited. Adult use, accessory, means an adult use for which the presentation, display, depiction, description, distribution, sale, or rental of goods, services, entertainment, or materials that constitute or contain an emphasis on specified anatomical areas or specified sexual activities is not a dominant activity. An acces- sory adult use typically does not involve or include any activity except the sale or rental of merchandise. Adult use, exempt, means an adult use wherein the presentation, display, depiction, description, distribution, sale, or rental of goods, services, entertainment, or materials that constitute or contain an emphasis on specified anatomical areas or specified sexual activities is conducted only on a diminutive scale, such that it is extremely incidental to any dominant activity and, individually or in combination, occupies or comprises less than five square feet of the total floor, wall, and shelf area of the adult use. Exempt adult uses shall not include or involve any activity except the sale or rental of merchandise, and no external or internal advertising of any adult or sexually oriented merchandise shall be permitted. Adult use, principal, means an adult use in, on, or from which the sole or a dominant activity involves the presentation, display, depiction, description, distribution, sale, or rental of goods, services, entertainment, or materials that constitute or contain an emphasis on specified anatomical areas or specified sexual activities. For purposes of this definition, the term "dominant activity" means any activities that, individually or in combination, provide at least two percent of the gross receipts of the adult use's entire business operation at that site, and/or occupy or comprise up to ten percent or more of the total floor, wall, and shelf area within the site or 150 square feet or more of floor, wall, and shelf area within the site. Protected use means and includes the follow- ing: licensed day care centers; public or private educational facilities classified as elementary, junior high, or senior high schools; public librar- ies; public parks; on -sale liquor establishments; churches and church -related facilities; and residential properties or uses. Specified adult business means and includes the following: (1) Adult bookstore means a business or commercial enterprise that provides for CD6:216 0 N LO LAND USE barter, rental, or sale items consisting of printed matter, pictures, slides, records, audio tape, videotape, motion picture film, or other visual or aural media, from which minors are excluded by reason of age or where a substantial or significant portion of such items are distinguished or characterized by an emphasis on speci- fied anatomical areas or specified sexual activities. (2) Adult gift or novelty business means a business or commercial enterprise that has as a principal activity the sale of devices, implements, equipment, or novel- ties that are designed, marketed, used, or sold for the primary purpose of stimulating human genitals or otherwise providing sexual stimulation. (3) Adult health club and adult sports club mean a business or commercial enterprise that is named, signed, advertised, or promoted as a facility or club providing health- or sports- related goods, services, or equipment, from which minors are excluded by reason of age or that is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities. (4) Adult hotel or motel means a business or commercial enterprise that provides rooms, facilities, or lodging on a short- term basis and wherein material or entertainment is presented, displayed, provided, or otherwise made available that is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities. (5) Adult mini -motion picture theater means a business or commercial enterprise operating in, on, or from a building or portion thereof that has a legal capacity of less than 50 persons, from which minors are excluded by reason of age or that is used for presenting visual media or materials that are distinguished or characterized by an emphasis on speci- fied anatomical areas or specified sexual activities. § 6.12.6820 (6) Adult modeling studio means a business or commercial enterprise the primary or dominant activity of which is to provide for its customers to observe, paint, paint upon, sketch, draw, sculpt, photograph, videograph, or otherwise depict or portray, with the intent of providing sexual stimulation or sexual gratification to such customers, specified anatomical areas of one or more models or subjects, or one or more models subjects who are engaging in specified sexual activities. (7) Adult motion picture arcade means any place to which the public is permitted or invited wherein coin, slug electronically or mechanically controlled or operated still or motion picture machines, projec- tors, or other image -producing devices are provided or maintained to show images to no more than one person per machine at any one time where the images so displayed are distinguished or character- ized by an emphasis on specified anatomi- cal areas or specified sexual activities, and the individual viewing areas are not screened, including, but not limited to, doors and curtains, in any way to obstruct the viewing areas from monitoring. (8) Adult motion picture theater means a business or commercial enterprise operat- ing in, on, or from a building or portion thereof that has a legal capacity of 50 or more persons, from which minors are excluded by reason of age or that is used for presenting visual media or materials that are distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities. (9) Body painting studio means a business or commercial enterprise that provides the service of applying paint or other substance, whether transparent or nontransparent, to or on any specified anatomical area of any person. (10) Cabaret means a business or commercial enterprise that provides dancing or other live entertainment, from which minors are excluded by reason of age or where CD6:217 T N W) § 6.12.6820 ORONO CODE such entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction, or descrip- tion of specified anatomical areas or speci- fied sexual activities. (11) Companion establishment means a busi- ness or commercial enterprise that provides the service of engaging in or listening to conversation, talk, or discus- sion between an owner, employee, or agent of the enterprise and a customer, if such service is distinguished or character- ized by an emphasis on specified anatomi- cal areas or specified sexual activities. (12) Conversationlrap parlor means a busi- ness or commercial enterprise that provides the service of engaging in or listening to conversation, talk, or discus- sion, from which minors are excluded by reason of age or where such service is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities. (13) Massage parlor means a massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities. (14) Sauna, steam room, and bathhouse facil- ity mean a business or commercial enterprise that provides one or more steam or heat bathing rooms or sauna or steam room facilities, where the services provided are distinguished or character- ized by an emphasis on specified anatomi- cal areas or specified sexual activities, or from which minors are excluded by reason of age. (15) Adult use, other, means any place to which the public is permitted, a business or commercial enterprise that is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities. Specified anatomical area means and includes the following: (1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activity means and includes the following: (1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral - anal copulation, bestiality, direct physi- cal stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excre- tory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct; anilin- gus, buggery, coprophagy, coprophilia, cun- nilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooer- asty; (2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; (3) Use of human or animal ejaculation, sodomy, oral copulations, coitus or masturbation; (4) Fondling or touching nude human genitals, pubic region, buttocks or female breast; (5) Situations involving a person or persons, any of whom are nude, clad in undergar- ments or in sexually revealing costumes, and who are engaged in activities involv- ing the flagellation, torture, fettering, binding, or other physical restraint of any such persons; (6) Erotic or lewd touching, fondling or other sexually oriented conduct with an animal by a human being; or (7) Human excretion, urination, menstrua- tion, vaginal or anal irrigation. T N N LA LAND USE § 6.12.6820 (c) Regulations. with all current zoning, health fire, (1) Adult uses, principal. and building regulations that apply to the site and building. a. All principal adult uses shall require a conditional use permit. f. No principal adult use may occupy a lot with a lot width of less than 200 b. All principal adult uses shall be feet. In addition, each principal adult located within the I Industrial use shall provide one parking space district. for each employee on duty, plus C. All principal adult uses shall be parking for customers according to located at least the following speci- the following schedule: fied distances, measured radially in 1. Motion picture theater: one a straight line from the closest point space per six seats actually of the building or actual leased space provided or the maximum seat - of the principal adult use to the ing capacity of the theater. property line of a protected use or 2. Motion picture arcade: one other adult use, whether the space per machine. protected use is located in the city or an adjoining community: 3. All other principal adult uses: 1. A distance of at least 250 feet one space per 15 square feet of from the following: floor area that is open to or used by the public or custom- (i) Licensed day care centers. ers of the principal adult use. (ii) Public or private educational facilities clas- g• Sign requirements. All principal sified as an elementary, adult uses shall comply with the junior high, or senior high following sign requirements: schools. 1. All signs shall be flat wall (iii) Public libraries. signs. (iv) Public parks. 2. The amount of allowable sign (v) On -sale liquor establish- area shall be one square foot of ments. sign area per foot of lot front - NO Churches and church- age on a street. related facilities. 3. No merchandise or pictures of 2. A distance of at least 1,000 the products or entertainment feet from the following: on the premises shall be displayed in window areas or (i) Other adult uses. any area where they can be GO Residential properties, viewed from the sidewalk in unless separated from front of the building. such residential proper- 4. Window areas shall not be ties by a railroad right -of- covered or made opaque in any way or a state highway. way. No signs shall be placed d. No principal adult use shall locate in any window. A one -square in any building which is also utilized foot sign shall be placed on the for any protected use. door to state hours of opera- e. At the time of application for a tion and admittance is conditional use permit, any property restricted to adults only. that is proposed to be occupied by a h. Hours of operation. Principal adult principal adult use must comply use businesses shall not be open CD6:219 M N W) § 6.12.6820 ORONO CODE between the hours of 1:00 a.m, and an emphasis on specified anatomi- 8:00 a.m. on the days of Monday cal areas or specified sexual activi- through Saturday, nor between 1:00 ties. a.m. and 12:00 noon on Sunday. 1. Movie rentals. Display areas (2) Adult uses, accessory. for movies that are distinguished or characterized a. All accessory adult uses shall require by an emphasis on specified a conditional use permit. anatomical areas or specified b. All accessory adult uses shall be sexual activities shall be located only within the B-1, B-3, restricted from general view B-4, B-5 and B-6 districts. and shall be located within a C. All accessory adult uses shall be separate room, the access or located at least the following speci- entrance to which is in clear fied distances, measured radially in view and under control of the a straight line from the closest point persons responsible for the of the building or actual leased space operation or controlled in some of the accessory adult use to the other effective manner which property line of a protected use or meets with the approval of the other adult use, whether the zoning administrator. protected use is located in the city 2. Magazines. Magazines that are or an adjoining community: distinguished or characterized 1. A distance of at least 250 feet by an emphasis on specified from the following: anatomical areas or specified sexual activities shall not be (i) Residential properties. accessible to minors and shall (ii) Licensed day care centers. be covered with a wrapper or Gii) Public or private other means to prevent display educational facilities clas- of any material other than the sified as an elementary, publication title. junior high, or senior high 3. Other adult materials or schools. services. Accessory adult uses (iv) Public libraries. offering or providing items that (v) Public parks. are distinguished or character- (vi) On -sale liquor establish- ized by an emphasis on speci- ments. fied anatomical areas or (vii) Churches and church- specified sexual activities and related facilities. that are not specifically cited in subsections (c)(2)e.1 and 2 2. A distance of at least 500 feet of this section shall comply from the following: Other adult with the intent of this section, uses. subject to the final approval of d. No accessory adult use shall locate the city council. in any building which is also utilized f. Accessory adult uses shall be for any protected use. prohibited from external advertis- e. Accessory adult uses shall restrict ing and signing of items that are and prohibit access to minors by the distinguished or characterized by physical separation from areas of an emphasis on specified anatomi- general access of items that are cal areas or specified sexual activi- distinguished or characterized by ties. CD6:220 le N L0 LAND USE g. At the time of application for the conditional use permit, any property that is to be occupied by an acces- sory adult use must comply with all the current zoning, health, fire, and building regulations that apply to the site and building. (Code 2003, § 78-1377; Ord. No. 193(2nd series), § 1, 11-8-1999) Sec. 6.12.6830. Communication reception/ transmission devices. (a) Accessory antennas. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVROs, and amateur shortwave radio transmitting and receiving anten- nas. Accessory antennas that are accessory to the principle use of property are permitted acces- sory uses in all zoning districts, provided that they meet the following conditions: (1) Height. A ground -mounted accessory antenna shall not exceed 20 feet in height from ground level. (2) Yards. Accessory antennas shall not be located within the required front yard setback, corner side yard setback or side yard setback abutting a street. (3) Roofs. If vegetation or obstructions interfere with satellite signals at a loca- tion in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises. (4) Location. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. (5) Building permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the acces- § 6.12.6840 sory antenna, including details of anchor- ing. The building official must approve the plans before installation. (6) Lightning protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. (7) Electrical code. Accessory antenna electri- cal equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. (8) Colorlcontent. Accessory antennas shall be of a neutral color and shall not be used as signage. (b) Amateur shortwave radio antennas and towers. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts, provided they meet the following conditions: (1) Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. (2) Yards. Amateur shortwave radio anten- nas and towers shall not be located within a front, corner side or side yard. (3) Setbacks. Amateur shortwave radio anten- nas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. (Code 2003, § 78-1378; Ord. No. 106(3rd series), § 29, 6-10-2013) Sec. 6.12.6840. Alternative energy systems. (a) Scope. This section applies to alternative energy systems in all zoning districts. (b) Purpose and intent. The purpose and intent of this section is to establish standards and procedures by which the installation and opera- tion of alternative energy systems shall be regulated within the city. The city finds that it is CD6:221 N § 6,12.6840 ORONO CODE in the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. (c) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (1) General definitions. Accessory means a system designed as a secondary use to existing buildings or facilities, wherein the power generated is used primarily for on -site consumption. Alternative energy system means a ground source heat pump, wind energy conversion system, hydronic furnace or solar energy system. (2) Ground source heat pump system defini- tions. Closed loop ground source heat pump system means a system that circulated a heat transfer fluid, typically food -grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom of a body of water. Ground source heat pump system means a system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include open or closed loops of pipe, coils or plates; fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. Also sometimes referred to as a geothermal system. Heat transfer fluid means a non -toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed 20 percent by weight or aqueous solutions of potassium acetate not to exceed 20 percent by weight. Horizontal ground source heat pump system means a closed loop ground source heat pump system where the loops or coils are installed horizontally in a trench or series of trenches no more than 20 feet below the land surface. Open loop ground source heat pump system means a system that uses groundwater as a heat transfer fluid by drawing groundwater from a well to a heat pump and then discharging the water over land, directly in a water body or into an injection well. Vertical ground source heat pump system means a closed loop ground source heat pump system where the loops or coils are installed vertically in one or more borings below the land surface. (3) Solar energy systems definitions. Building -integrated solar energy system means a solar energy system that is an integral part of a principal or accessory building, rather than a separate mechani- cal device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings. Flush -mounted solar energy system means a roof -mounted system mounted directly abutting the roof. The pitch of the solar collector may exceed the pitch of the roof up to five percent but shall not be higher than ten inches above the roof. Passive solar energy system means a system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. Photovoltaic system means a solar energy system that converts solar energy directly into electricity. Solar energy system means a device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating. CD6:222 co N LAND USE (4) Wind energy conversion systems defini- tions. Horizontal axis wind turbine means a wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground. Hub means the center of a wind genera- tor rotor, which holds the blades in place and attaches to the shaft. Hub height means the distance measured from natural grade to the center of the turbine hub. Monopole tower means a tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables. Small wind energy conversion system (SWECS) means a WECS of 5,000 kW nameplate generating capacity or less. Total height means the highest point above natural grade reached by a rotor tip or any other part of a wind turbine. Vertical axis wind turbine means a type of wind turbine where the main rotor shaft runs vertically. Wind energy conversion system (WECS) means an electrical generating facility that consists of a wind turbine, feeder lines, associated controls and may include a tower. Wind turbine means any piece of electri- cal generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. CD6:223 § 6.12.6840 Wind Turbine Configurations Kr•, , � 4 �� I yamY � ._ 1alM�y�* I (I Jim G Irf HrnM�t!N t n�ra � (5) Hydronic furnace definitions. Hydronic furnace means an outdoor wood boiler that provides heating or hot water using a firebox surrounded by a water jacket enclosed within an insulated shed. A fire is started inside the firebox, and the water temperature is controlled by a thermostatically actuated damper. (d) Ground source heat pump systems. (1) Zoning districts. Ground source heat pump systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts. (2) Standards. a. System requirements. 1. Only closed loop ground source heat pump systems utilizing heat transfer fluids as defined in subsection (c) of this section are permitted. Open loop ground source heat pump systems are not permitted. 2. Ground source heat pump systems in water bodies owned or managed by the city are not permitted. 3. Ground source heat pump systems in private ponds constructed within uplands and that are not protected wetlands are permitted. ti N § 6,12.6840 ORONO CODE b. Setbacks. lution control agency standards 1. All components of ground outlined in Minn. R. ch. 7030, as source heat pump systems, amended. including pumps, borings and f. Screening. Ground source heat loops shall be set back at least pumps are considered mechanical five feet from interior side and equipment and are subject to the rear lot lines, at least ten feet screening requirements of the from front lot lines, and applicable zoning district. maintain all state -mandated (3) Safety. Ground source heat pumps shall isolation distances. be certified by Underwriters Laboratories, 2. Above -ground equipment Inc. and meet the requirements of the associated with ground source state building code. heat pumps shall not be (4) Abandonment. If the ground source heat installed in the front yard of pump system remains nonfunctional or any lot or the side yard of a inoperative for a continuous period of corner lot adjacent to a public one year, the system shall be deemed to right-of-way and shall meet all be abandoned and shall constitute a public required accessory structure nuisance. The owner shall remove the setbacks for the applicable abandoned system at their expense after zoning district. a demolition permit has been obtained in accordance with the following: C. Construction. a. The heat pump and any external 1. All access shall be over the mechanical equipment shall be owner's land and due care shall removed. be taken to avoid hazard, b. Pipes or coils below the land surface inconvenience or damage to shall be filled with grout to displace public streets and nearby public the heat transfer fluid. The heat or private property. transfer fluid shall be captured and 2. Necessary precautions shall be disposed of in accordance with taken in stockpiling excavated applicable regulations. The top of materials to avoid erosion, dust the pipe, coil or boring shall be or other infringements upon uncovered and grouted. adjacent property. C. Private pond ground source heat 3. All wiring, installation of pipes, pump systems shall be completely grading and all other installa- removed from the bottom of the tions and construction shall be body of water. subject to inspection. (5) Permits. A city building permit and any 4. Disturbed land shall be restored other required agency permits shall be to its prior condition after obtained for any ground source heat pump completion of construction. system prior to installation. Borings for vertical systems are subject to approval d. Easements. Ground source heat from the state department of public health. pump systems shall not encroach on (e) Solar energy systems. public drainage, utility, roadway or trail easements. (1) Zoning districts. Solar energy systems in accordance with the standards in this e. Noise. Ground source heat pump section are allowed as a permitted acces- systems shall comply with state pol- sory use in all zoning districts. CD6:224 LAND USE § 6.12.6840 (2) Standards. structures, nor toward vehicular traf- a. Exemption. Passive or building- fic on land or on a lake, and so as to integrated solar energy systems are not obstruct views. Reflection angles exempt from the requirements of from collector surfaces shall be this section and shall be regulated oriented away from neighboring as any other building element. windows. Where necessary, screen- ing may be required to address glare. b. Roof -mounted systems allowed. The only solar energy systems allowed i. Feeder lines. The electrical collec- in the city are those that are roof- tion system shall be placed mounted, underground within the interior of each parcel. The collection system C. Height. Roof -mounted solar energy may be placed overhead near substa- systems shall comply with the tions or points of interconnection to maximum height requirements in the electric grid. the applicable zoning district. (3) Safety. d. Setbacks. Roof -mounted solar energy a. Standards and certification. systems shall comply with all build- ing setbacks in the applicable zoning 1. Certification. Solar energy district and shall not extend beyond systems shall be certified by the exterior perimeter of the build- Underwriters Laboratories, Inc. ing on which the system is mounted. and the National Renewable Energy Laboratory, the Solar e. Roof mounting. Roof -mounted solar Rating and Certification collectors shall be mounted parallel Corporation or other body as to the surface of the roof and within determined by the building three feet of the roof surface, unless official. The city reserves the manufacturer's documentation is right to deny a building permit provided indicating that collectors for proposed solar energy must be angled to provide optimum systems deemed to have performance. No portion of the col- inadequate certification. lectors or their mounting system shall extend above the peak or ridge 2. The equipment or device must height of a pitched roof. On a flat be designed and constructed in roof, collectors and their mounting compliance with all applicable systems shall not extend more than building and electrical codes, five feet above the roof surface. and (if for co -generation) must be in compliance with all state f. Easements. Solar energy systems and federal regulations regard - shall not encroach on public drain- ing co -generation of energy. age, utility, roadway or trail ease- b. Utility connection. All grid con- ments. nected systems shall have an agree- g. Screening. Solar energy systems ment with the local utility prior to shall be screened from view to the the issuance of a building permit. A extent possible without impacting visible external disconnect must be their function. provided if required by the utility. h. Aesthetics. All solar panels shall be (4) Abandonment. If the solar energy system designed, installed, positioned and remains nonfunctional or inoperative for constructed of materials so as not to a continuous period of one year, the cause any glare or reflective sunlight system shall be deemed to be abandoned onto neighboring properties or and shall constitute a public nuisance. CD6:225 0 N W) § 6.12.6840 ORONO CODE The owner shall remove the abandoned system at their expense after a demoli- tion permit has been obtained. Removal includes the entire structure including transmission equipment. (5) Permits. A building permit shall be obtained for any solar energy system prior to installation. (f) Wind energy conversion systems. (1) Zoning districts. Small wind energy conversion systems (SWECS) in accordance with the standards in this section are permitted accessory uses on lots at least ten acres in gross area within the RR-lA and RR-113 Rural Residential zoning districts. SWECS in accordance with the standards in this section are allowed as a conditional use on lots at least five acres in gross area and subject to conditional use permit approval in the following commercial or industrial districts: B-1 Retail Sales; B-4 Office and Professional; B-6 Highway Commercial; B-6 PUD; and I Industrial. (2) Standards for SWECS in residential zoning districts. a. Number. No more than one SWECS is permitted per parcel. b. Height. In the RR-lA and RR-113 zoning districts, a maximum hub height of 30 feet is allowed as a permitted accessory use. C. Blade length. A maximum blade length of 15 feet is permitted. d. Clearance. The minimum distance from the ground for the lowest point of a blade or any other moving part shall be 12 feet. e. Roof mounting. Roof or wall mounted SWECS are not permitted. f. Setbacks. The base of the SWECS tower shall be set back at least 100 feet from all property lines. SWECS shall not be installed in the front yard of any lot or in the side yard of a corner lot adjacent to a public right-of-way. SWECS shall not be located more than 100 feet from the principal structure on the property. g. Easements. SWECS shall not encroach on public drainage, utility, roadway or trail easements. h. Noise. SWECS shall comply with the state pollution control agency standards outlined in Minn. R. ch. 7030 at all property lines. i. Screening. SWECS are exempt from the screening requirements for the district in which they are located. Aesthetics. All portions of the SWECS shall be a nonreflective surface, subject to the approval of the city administrator or his/her designee. Only monopole towers are permit- ted. The appearance of the turbine, tower and any other related components shall be maintained throughout the life of the SWECS pursuant to industry standards. Systems shall not be used for display- ing any advertising, nor for other uses, including, but not limited to, cell phone antennas, flags, ham radio antennas, etc. No components unnecessary to the operation of the SWECS shall be allowed. Systems shall not be illuminated. k. Feeder lines. The electrical collec- tion system shall be placed underground within the interior of each parcel. 1. Vibration. No wind energy conver- sion system shall produce vibra- tions through the ground that are perceptible beyond the property on which it is located. m. Location. No SWECS shall be allowed within the shoreland overlay district. SWECS shall be setback a distance at least equal to the height of the SWECS from a floodplain, pond or wetland. CD6:226 LAND USE § 6.12.6840 (3) Standards for SWECS in commercial cell phone antennas, flags, ham radio and industrial zoning districts. antennas, etc. No components a. Number. No more than one SWECS unnecessary to the operation of the is permitted per parcel. SWECS shall be allowed. Systems b. Height. In commercial and industrial shall not be illuminated. zoning districts, a maximum hub k. Feeder lines. The electrical collec- height of 30 feet is allowed. tion system shall be placed C. Blade length. A maximum blade underground within the interior of length of 15 feet is permitted. each parcel. d. Clearance. The minimum distance 1. Vibration. No SWECS shall produce from the ground for the lowest point vibrations through the ground that of a blade or any other moving part are humanly perceptible beyond the shall be 12 feet. property on which it is located. e. Roof mounting. Roof or wall mounted m. Location. No SWECS shall be SWECS are not permitted. allowed within the shoreland overlay f. Setbacks. The base of the SWECS district. WECS shall be setback a tower shall be set back at least 100 distance equal to the height of the feet from all property lines. SWECS WECS from a floodplain, pond or shall not be installed in the front wetland. yard of any lot or in the side yard of a corner lot adjacent to a public (4) Safety. right-of-way. SWECS shall not be a. Standards and certification. located more than 100 feet from the principal structure on the property. 1. Standards. SWECS shall meet g. Easements. SWECS shall not minimum standards such as encroach on public drainage, utility, International Electrotechnical roadway or trail easements. Commission (IEC) 61400-2 or the American Wind Energy h. Noise. SWECS shall comply with Association's (AWEA) Small the state pollution control agency Wind Turbine Performance and standards outlined in Minn. R. ch. Safety Standard or other 7030 at all property lines. standards as determined by i. Screening. SWECS are exempt from the city administrator or his/ the screening requirements for the her designee. district in which they are located. 2. Certification. SWECS shall be j. Aesthetics. All portions of the SWECS certified by Underwriters shall be a nonreflective surface, Laboratories, Inc. and the subject to the approval of the city National Renewable Energy administrator or his/her designee. Laboratory, the Small Wind Only monopole towers are permit- Certification Council or other ted. The appearance of the turbine, body as determined by the city tower and any other related administrator or his/her components shall be maintained designee. The city reserves the throughout the life of the SWECS right to deny a building permit pursuant to industry standards. for proposed SWECS deemed Systems shall not be used for display- to have inadequate certifica- ing any advertising, nor for other tion or testing for operation in uses, including, but not limited to, a severe winter climate. CD6:227 M L0 § 6.12.6840 ORONO CODE 3. Maintenance. SWECS shall be maintained under an agree- ment or contract by the manufacturer or other quali- fied entity. The owner of the SWECS shall once every two years have the SWECS inspected by a licensed quali- fied professional and submit to the city a report on the status and condition of the SWECS. b. Utility connection. All grid con- nected systems shall have an agree- ment with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. (5) Abandonment. If the SWECS remains nonfunctional or inoperative for a continu- ous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure, including foundations to below natural grade and transmission equipment. (6) Permits. A building permit shall be obtained for any SWECS prior to instal- lation. (7) Power distribution. The power produced from a SWECS shall only be used for on -site consumption except if connected to the local utility power grid per the provisions of this section. (g) Hydronic furnaces. Hydronic furnaces are not an allowed use or structure within any zoning districts in the city. (Code 2003, § 78-1379; Ord. No. 119(3rd series), § 1, 12-9-2013; Ord. No. 142(3rd series), §§ 1, 2, 4-13-2015; Ord. No. 262(3rd series), § 1, 11-8- 2021) Division 2. Yards and Open Spaces Sec. 6.12.6910. Reduction prohibited. No yard or other open space shall be reduced in area or dimensions so as to make such yard or other open space less than the minimum required by this chapter; and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. (Code 1984, § 10.03(14)(A); Code 2003, § 78- 1401) Sec. 6.12.6920. Application to only one dwelling or group. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open spaces, or minimum lot area requirements for any other building or dwelling group. (Code 1984, § 10.03(14)(B); Code 2003, § 78- 1402) Sec. 6.12.6930. Lot coverage and massing standards. In all zoning districts other than the I Industrial district, all lots that have a gross acreage of less than two acres shall comply with the following massing standards for buildings: (1) Maximum total footprints allowed. a. On lots equal to or greater than 10,000 square feet in area, the total combined footprints of all principal and accessory buildings shall not exceed 20 percent of the gross lot area. b. On lots of less than 10,000 square feet in area, the total combined footprints of all principal and acces- sory buildings shall not exceed 2,000 square feet. (2) Calculation of massing. All buildings shall be included in the calculation of the total combined footprints by buildings. (Code 1984, § 10.03(14)(C); Code 2003, § 78-1403; Ord. No. 215(2nd series), § 1, 3-11-2002; Ord. No. 99(3rd series), § 1, 1-28-2013; Ord. No. 170(3rd series), § 2, 6-13-2016; Ord. No. 187(3rd series), § 1, 3-13-2017; Ord. No. 222(3rd series), § 2, 12-10-2018) N M LO LAND USE § 6.12.6940 Sec. 6.12.6940. Permitted encroachments. (6) Retaining walls, planters, and similar structures, subject to the following provi- (a) The following shall not be considered to be sions: encroachments on yard setback requirements: a. Retaining walls, planters and similar (1) Chimneys, flues, belt courses, leaders, structures may be located in all sills, pilasters, lintels, ornamental required yards when all of the fol- features, cornices, eaves, gutters, and lowing conditions are met: similar building elements, provided they 1. The structure is located at least do not extend more than two feet into a ten feet from the edge of the required yard. traveled roadway; (2) Nameplate signs for one -family dwell- 2. The structure is not located within a drainage, utility, or ings subject to the provisions of article X, other easement, except upon division 4 of this chapter; lights for approval in writing for an illuminating parking areas, loading areas encroachment agreement the or yards for safety and security purposes, city; or similar approval from provided the direct source of light is not another regulatory and/or util- visible from the public right-of-way or ity agency; adjacent residential property and is located at least five feet from the front lot 3. The structure creates no line; public utility poles and overhead impacts to drainage direction, lines; mailboxes. rate, or volume for adjacent properties. (3) Steps, sidewalks, uncovered porches, 4. The structure is two feet in stoops, or similar structures which do not height or less above the exist - extend above the height of the ground ing grade. floor level of the principal building and extend to a distance of not less than two b. Retaining walls, planters, and feet from any lot line. similar structures exceeding two feet in height above existing ground level (4) Bays, cantilevers, and fire escapes. In or which are located less than five side or rear yards only, the following feet from a side property line. encroachments are permitted: C. Retaining walls, planters and similar a. Bays and/or cantilevers which are structures exceeding the allowed not part of the defined building height of a fence shall be located to footprint, may extend up to two feet meet the required accessory into the required side or rear yard, structure setbacks established for provided the aggregate area of the that yard. bays and/or cantilevers is not more (7) Window wells including those for fire than 20 square feet; and egress which do not extend more than b. Fire escapes not exceeding a width five feet from the building, and are no of three feet and a depth of four feet. closer than two feet to the property line. (8) Air conditioning or heating equipment (5) Driveways and parking areas when may be located within a required yard constructed, located, and used in compli- but shall be located within five feet of the ance with other provisions contained building it serves; shall not be located within this chapter. Driveways and park- within an existing or required drainage ing areas may extend to within five feet and/or utility easement; and shall be of a side lot line. located at least five feet from any lot line. CD6:229 M M LO § 6.12.6940 ORONO CODE (9) Fences erected in all zoning districts are considered a permitted encroachment when they conform to the standards listed below. A fence shall be located a minimum of ten feet from the edge of the paved, traveled roadway. The following words, terms and phrases, when used in this subsection (a)(9), shall have the mean- ings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Fence height means the measurement from the top of any part of the fence, including posts or other structural sup- ports, lattice, ornate top design elements, and so forth measured to the existing ground level below the fence, as measured perpendicular to the slope (see Drawing: Fence Height Measurement on Sloped Site). Exception: Post finials extending above the top of the fence shall not be deemed as part of the fence for height determination purposes as long as they do not exceed ten inches in width per finial and do not extend above the top of the fence by more than six inches. Fence monument means a fence monu- ment is a permanent structure or object, with or without a footing, made with masonry or stone materials, used in place of, and functioning as a post that sup- ports a fence. Permanent fence means a fence that is installed in a fixed or enduring manner that is not intended for a seasonal or temporary purpose. Temporary fence means a fence that is not permanently secured or anchored to the ground by posts or affixed footings, and is installed and removed on a limited term or seasonal basis such as: snow fences, garden fences, seasonal recreational fences such as hockey boards; fences installed for safety or access management purposes for special events; and fences installed for the duration of a construction project such as silt fences, erosion control bioretention logs, and septic drainfield site protection fences. Drawing: Fence Height Measurement on Sloped Site a. Nonlakeshore lots. 1. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above exist- ing ground level. 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above existing ground level. b. Lakeshore lots. Fences within the required street (rear) yard or side street yard of a lakeshore lot shall not exceed 42 inches above existing ground level. Excep- tion: A fence not exceeding six feet in height may be located along the street lot line, and within the rear street setback of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such fence involves fill or berming, the total combined height of both fence and fill shall not exceed six CD6:230 le M LAND USE feet above the height of the crown of the major thoroughfare. 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and shall not exceed 42 inches in height for any portion located lakeward of a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projec- tion of the principal residence structure on the adjacent property abutting the side yard in which the fence is located. 3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. 4. When the building site of a lakeshore lot is separated from the Lakeshore by a public or private road, the following definitions will apply for fence location purposes subject to the provisions of this section: When the yard on the opposite side of the building site from the lake does not abut a street, such yard shall be considered as a standard rear yard. The yard between the building site and the street shall be considered as a standard front yard. C. Special provisions. Split rail fences of no more than three rails within a required front, street or side street yard may have a maximum top rail height of 48 inches above existing ground level. Board rail fences within a front, street or side street yard for the specific purpose of enclosing permitted domestic § 6.12.6940 animals may have a top rail height of 60 inches and shall be no more than 50 percent opaque. d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required by section 6.12.6760. e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appear- ance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports. 3. Fencing materials shall consist of permanent all weather products. 4. Temporary fencing shall not be allowed to remain on the property following final inspec- tion, or issuance of a certificate of occupancy for a permitted construction project, or protec- tion of property during a similar project or winter conditions. The term "winter conditions" means October 15 through March 31 of the following year. Temporary fencing associated with a special event shall be removed within seven days of the end of such event. Temporary fencing materials shall not be allowed to remain on a permanent basis on a parcel. 5. Existing fences that are legally nonconforming as to location, height, design, or other characteristics may be replaced in kind. CD6:231 A116 § 6.12.6940 ORONO CODE (10) Fence monument, as part of a fence erected in all residential zoning districts are considered as a nonencroachment when it conforms to the following standards: a. Property corners shall be located and identified (staked); b. Fence monuments must be set back a minimum of five feet from all property boundaries and never fewer than ten feet from the edge of the paved, traveled roadway; C. An individual fence monument shall be limited to a maximum footprint of six square feet; d. Fence monuments may not exceed the maximum allowed height of the associated fence, including any appurtenances. Any fence monu- ment exceeding the maximum height must meet accessory structure setbacks for the appropriate district; e. Building permit requirements: 1. A building permit is required if footings are proposed; 2. Construction plans with foot- ing details are required to be submitted for permit approval; 3. If the fence and/or fence monu- ments exceed six feet in height, a building permit is required. (11) Entrance monuments, defined for the purpose of this section as a nearly permanent physical structure or object, natural or artificial, used to depict an entrance to the property, erected in all residential zoning districts are considered nonencroachments when they conform with the following standards: a. Each monument, with a maximum of two per approved driveway access, shall be limited to a single pillar with a footprint measuring no larger than 25 square feet and no length to exceed five feet; b. The monument must be setback a minimum of five feet from all property boundaries and never fewer than ten feet from the edge of the paved, traveled roadway; Plans and/or elevation views of the proposed monuments are required to be submitted for approval by the planning director; d. All signage proposed for the monu- ments must comply with article X, division 4 of this chapter; e. The monuments are limited to eight feet in height, including any appurtenances. Any monument exceeding the maximum height must meet principal structure setback requirements; f. When more than one monument is proposed, and serving two or fewer residences, a minimum horizontal width of 16 feet is required between them; g. When more than one monument is proposed, and serving three or more residences, a minimum horizontal width of 22 feet is required between them; h. Lighting is allowed, in conformance with section 6.12.7780 and at the discretion of the planning director. A building permit is required for installation and the property corners must be located for inspection purposes. (12) Gates, when proposed, must meet the following requirements: The gate must open into the property not outward towards the right-of- way; b. Gates serving two or fewer residences shall have a minimum horizontal width of 14 feet in the full open position; CD6:232 W M L0 LAND USE C. Gates serving three or more residences shall have a minimum horizontal width of 20 feet in the full open position; d. For all properties, gate height may not exceed the height of the monu- ment, measured from grade, unless principal structure setbacks are met (if monuments are not proposed then gate height shall be regulated in accordance with the fence height regulations of subsection (a)(9) of this section; e. For locked and/or secured gates, a Knox box meeting the standards set for by the police and fire depart- ment must be provided for emergency access; and f. On major thoroughfares the monu- ments and gates must be located 40 feet from the paved, traveled road to allow for vehicle stacking. A major thoroughfare for the purposes of this section means any county road or state highway. (13) Lawn irrigation systems are permitted in any required yard. Non -pressurized lines for irrigation systems may be installed in the adjacent right-of-way, at the system owner's risk. The system owner shall relocate or remove the lawn irrigation system from the right-of-way at the system owner's expense in the event said reloca- tion or removal is required by the city or other utility company authorized to use the city right-of-way. The system owner shall defend, indemnify, and hold harm- less the city its officials, and employees from and against any and all claims, liability for loss, damage, or injury aris- ing directly or indirectly from the lawn irrigation system or to the system that is in the right-of-way. (b) The following shall not be considered to be encroachments on structure height require- ments: (1) Parapet walls that extend no more than three feet above the height of the build- ing. § 6.12.7010 (2) HVAC cooling towers. (3) Elevator penthouses. (Code 1984, § 10.03(15); Code 2003, § 78-1405; Ord. No. 211(2nd series), §§ 1-5, 11-26-2001; Ord. No. 12(3rd series), § 1, 5-24-2004; Ord. No. 30(3rd series), § 1, 11-28-2005; Ord. No. 43(3rd series), § 1, 2-25-2008; Ord. No. 106(3rd series), § 22, 6-10-2013; Ord. No. 139(3rd series), § 1, 2-23-2015; Ord. No. 140(3rd series), § 1, 3-23- 2015; Ord. No. 170(3rd series), §§ 3, 4, 6-13- 2016; Ord. No. 188(3rd series), § 1, 3-22-2017; Ord. No. 189(3rd series), § 5, 4-10-2017; Ord. No. 209(3rd series), § 1, 6-11-2018; Ord. No. 222(3rd series), § 22, 12-10-2018; Ord. No. 272(3rd series), § 1, 6-13-2022; Ord. No. 299(3rd series), § 10, 3-11-2024) Sec. 6.12.6950. Additional yard provisions. Required yards in the districts specified shall be subject to the following additional require- ments: (1) Through lots. Through lots in any district shall have a required front yard on each street. (2) B and I districts; adjacent lots. In the B and I districts, for lots that are nonconforming with respect to area, the minimum front yard setback for the principal building shall be equal to the average depth of the existing front yards on the adjacent nonresidential lots on each side of the nonconforming lot front- ing on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, § 10.75(4); Code 2003, § 78-1406; Ord. No. 199(3rd series), § 1, 6-12-2017; Ord. No. 222(3rd series), § 23, 12-10-2018) Division 3. Accessory Buildings and Structures Sec. 6.12.7010. Accessory buildings and structures on through lots. All accessory buildings on through lots located in R districts shall meet the principal building setbacks that are established for the appropriate district. (Code 1984, § 10.03(10); Code 2003, § 78-1431; Ord. No. 15(3rd series), § 1, 6-28-2004; Ord. No. 222(3rd series), § 24, 12-10-2018; Ord. No. 299(3rd series), § 11, 3-11-2024) CD6:233 I, - OF) L0 § 6.12.7020 ORONO CODE Sec. 6.12.7020. Time of construction. d. Total floor area of an ADU shall be no more than 50 percent of the No accessory building or structure shall be primary dwelling unit's total floor constructed on any lot prior to the time of area. The total floor area of an ADU construction of the principal building to which it shall not be less than 300 square is accessory. feet. (Code 1984, § 10.03(9)(A); Code 2003, § 78-1432; Ord. No. 13(3rd series), § 1, 5-24-2004; Ord. No. e. The ADU shall not have separate 222(3rd series), § 25, 12-10-2018) utility connections. The primary residence and ADU must be served by shared municipal water, sanitary Sec. 6.12.7030. Accessory dwelling units. sewer, gas, and electric utility The provisions for accessory dwelling units services. If not served by municipal are as follows: sewer and water, the primary residence and ADU shall meet the (1) Purpose. The city recognizes the need to private well and septic require - encourage alternate housing types based ments of this Code. on current housing trends. There is an f. An ADU shall be designed and increased desire to support multigenera- maintained so as to be consistent tional housing. This provision is intended with the architectural design, to accommodate single-family residential integrated materials, style, appear - property owners who wish to invest in ance, and character of the primary their homes and add value while provid- residence as a single-family ing alternative housing options within residence. the city. The purpose of this subdivision is to permit and regulate permanent g. A minimum of two off-street park - accessory dwelling units (ADUs) only as ing spaces (enclosed or on a a permitted accessory use subject to the driveway) shall be required for the regulations set forth herein. By allowing ADU. only those accessory dwelling units that h. ADUs must be constructed on a are in compliance with all of the permanent foundation with no performance standards of this subdivi- wheels. sion, the character and quality of exist- ing neighborhoods will be protected. i. The property shall only have one address. The ADU may not be (2) Performance standards. No property addressed separately from the within a single-family residential district primary residence. shall have more than one dwelling unit, j. The ADU may not be subdivided or except an ADU may be permitted as an otherwise segregated in ownership accessory use to asingle-family dwelling from the primary residence when the following requirements are met: structure. a. The property must be located within the R-1A, R-113, LR-1A, LR-113, LR-1C, LR-IC-1, 11114A, or RR-1B Zoning Districts. b. An ADU, attached or detached, shall only be permitted on lots one acre or greater in area. C. No more than one ADU shall be permitted on a lot or parcel. (3) Permit requirements. It is unlawful for a property owner to construct or allow occupancy within an ADU which does not comply with all of the following require- ments: a. Building permit required. An ADU, as permitted in this chapter, shall be constructed and maintained in accordance with all state laws and CD6:234 00 M LO LAND USE state building, plumbing, electrical, mechanical, and fire code regula- tions and city Code requirements. b. A rental license shall not be granted to an ADU. An ADU cannot be rented separately from the primary residence. C. The property owner must execute a covenant providing that the ADU will be maintained in compliance with the above performance standards and permit requirements. (Code 2003, § 78-1433; Ord. No. 279(3rd series), § 26, 11-14-2022) Sec. 6.12.7040. Building size restrictions. No accessory building shall exceed 1,000 square feet of footprint area, except that accessory buildings in excess of 1,000 square feet shall be considered oversized and will be allowed under the following conditions: (1) Not more than one oversized accessory building (OAB) shall be permitted on any property. An OAB is defined as an acces- sory building of footprint area in excess of 1,000 square feet. (2) An OAB is regulated by the following table: Lot Area (acres) Maximum Allowed Cumulative Total of All Accessory Building Footprint Areas on a Property (square feet) 0-1.99 2,000 2.00-3.00 2,400 3.01-3.50 2,800 3.51-4.00 3,200 4.01-4.50 3,600 4.51-5.00 4,000 5.01-6.00 4,400 6.01-7.00 4,800 7.01-8.00 5,200 8.01-9.00 5,600 9.01-10.00 6,000 10.01-11.00 6,400 11.01-12.00 6,800 12.01-13.00 7,000 13.01-14.00 8,000 14.01 or more 1.30% of lot area § 6.12.7060 (3) Any OAB shall be subject to the following conditions: Principal building setbacks must be met. Further, no OAB shall be nearer the front lot line than the front line of the principal building on the property. b. The maximum height for such acces- sory building shall be 30 feet or the defined height of the principal residence building on the property, whichever is less. (Code 1984, § 10.03(9)(C); Code 2003, § 78-1434; Ord. No. 106(3rd series), § 24, 6-10-2013; Ord. No. 222(3rd series), § 27, 12-10-2018; Ord. No. 232(3rd series), § 1, 10-14-2019; Ord. No. 278(3rd series), § 3, 10-10-2022; Ord. No. 299(3rd series), § 12, 3-11-2024) Sec. 6.12.7050. Garages on lake lots. Accessory buildings on lake lots with garage doors facing a street shall meet the applicable principal building setbacks for the district; sec- tion 6.12.9120 shall apply. (Code 1984, § 10.03(9)(D); Code 2003, § 78-1435; Ord. No. 52(3rd series), § 2, 11-24-2008; Ord. No. 106(3rd series), § 25, 6-10-2013; Ord. No. 222(3rd series), § 28, 12-10-2018) Sec. 6.12.7060. Plumbing. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit residential development density to the allowed densities within the respec- tive zoning districts, plumbing in accessory build- ings shall be regulated as follows: (1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building. (2) Installation of a toilet and/or sink in any accessory building shall be subject to the provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures. CD6:235 0 M LO § 6.12.7060 ORONO CODE (3) Installation of any combination of fixtures which includes a bathtub or shower shall be subject to the property owners execut- ing a covenant providing that the acces- sory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Rented, leased, or otherwise provided for use as a dwelling under any circumstances. (Code 2003, § 78-1437; Ord. No. 179(2nd series), § 1, 10-12-1998; Ord. No. 45(3rd series), § 11, 2-25-2008; Ord. No. 222(3rd series), § 30, 12-10- 2018; Ord. No. 257(3rd series), § 2, 5-10-2021; Ord. No. 299(3rd series), § 13(78-1437), 3-11- 2024) Sec. 6.12.7070. Building placement. (a) All principal and accessory buildings on the same lot must be separated by a ten foot setback from other buildings. (b) Within RR-lA and RR-113 districts, an accessory building less than 1,000 square feet may be located streetward of the principal build- ing provided principal building setbacks and the exterior materials provisions in 6.12.7080(b) are met. (Code 1984, § 10.03(12); Code 2003, § 78-1438; Ord. No. 165(3rd series), § 1, 3-14-2016; Ord. No. 299(3rd series), § 13(78-1438), 3-11-2024) Sec. 6.12.7080. Exterior materials. (a) Accessory buildings and principal build- ings shall be consistent in design and color. Except for accessory buildings that are less than 120 square feet in area or are located on lots two acres in area or larger. (b) All accessory buildings located streetward of the principal building within RR-1A and RR-1B districts shall be consistent in design, color, and exterior materials with the principal building. (Code 2003, § 78-1440; Ord. No. 52(3rd series), § 3, 11-24-2008; Ord. No. 222(3rd series), § 32, 12-10-2018; Ord. No. 299(3rd series), § 13(78- 1439), 3-11-2024) Division 4. Sign Code Sec. 6.12.7110. Recitals. This division shall be known, cited and referred to as the "Orono Sign Code," except as referred to herein, where it shall be known as "this divi- sion." (Code 2003, § 78-1465; Ord. No. 2015(3rd series), § 1, 9-10-2018) Sec. 6.12.7120. Purpose. This division is intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well - maintained, safe, and attractive community, and the need for effective communications, including business identification. It is the intent of these sign regulations, to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public in all areas of the city. It is not the purpose or intent of this division to regulate the message displayed on any sign. The purpose of this division is to authorize: (1) Permanent signs which establish a high standard of aesthetics and are appropri- ate for the planned character in each sign district as established in section 6.12.7240; (2) Signs that are compatible with their surroundings; (3) Signs that are designed, constructed, installed, and maintained in a manner that does not adversely impact public safety or create a hazard to motorists, pedestrians, or cyclists; (4) Signs that are proportioned to the scale of, and are architecturally compatible with, principal structures; (5) Permanent signs which give preference to the on -premises owner or occupant; (6) Temporary commercial signs and advertis- ing displays which provide an opportunity CD6:236 CD L0 LAND USE to advertise while restricting signs that create visual clutter and hazards at public right-of-way intersections; (7) Minimize adverse effects on nearby property; and (8) Provide for fair and consistent enforce- ment of the sign regulations set forth herein under the authority of the city. (Code 2003, § 78-1466; Ord. No. 2015(3rd series), § 1, 9-10-2018) Sec. 6.12.7130. Findings. The city finds it is necessary for the promotion and preservation of the public health, safety, welfare, and aesthetics of the community to control the construction, location, size, and maintenance of signs. Further, the city finds: (1) Permanent and temporary signs have a direct impact on and relationship to the image and aesthetic of the community; (2) The manner of installation, location, and maintenance of signs affects the public health, safety, welfare, and aesthetics of the community; (3) An opportunity for viable identification of community businesses, residences, and institutions must be established; (4) The safety of motorists, cyclists, pedestrians, and other users of public streets and property is affected by the number, size, location, and appearance of signs that create a hazard for drivers; (5) Installation of signs suspended from, projecting over, or placed on the tops of buildings, walks, or other structures may constitute a hazard during periods of high winds and an obstacle to effective firefighting and other emergency service; (6) Uncontrolled and unlimited signs and sign types adversely impact the image and aesthetic attractiveness of the com- munity and thereby undermine economic value and growth; (7) Uncontrolled and unlimited signs, particularly temporary signs which are commonly located within or adjacent to § 6.12.7150 public right-of-way or are located at driveway/street intersections, result in roadside clutter and obstruction of views of oncoming traffic. This creates a hazard to drivers and pedestrians and also adversely impacts a logical flow of information; (8) Commercial signs are generally incompat- ible with residential uses and should be strictly limited in residential zoning districts; and (9) The right to express noncommercial opinions in any zoning district must be protected, subject to reasonable restric- tions on size, height, location, and number. (Code 2003, § 78-1467; Ord. No. 2015(3rd series), § 1, 9-10-2018) Sec. 6.12.7140. Scope of regulations. The sign regulations set forth in this division shall apply to all structures and land uses. This division describes the signage standards for the sign districts that overlay the zoning districts of the city. Specific additional regulations are established for signs which are unique in purpose and not easily addressed by district regulations. No person, property owner, or lessee shall place, erect, alter, modify, enhance, or change in any way a sign that does not conform to the require- ments of this division and all other applicable regulations. (Code 2003, § 78-1468; Ord. No. 2015(3rd series), § 1, 9-10-2018) Sec. 6.12.7150. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Auxiliary sign means a sign that provides direction for internal circulation, parking or entry, restrictions on parking, security warnings, or other similar primarily noncommercial signs that are directed at people that are entering, exiting, or on a particular property. Auxiliary signs do not include outdoor advertising signs. CD6:237 IV L0 § 6.12.7150 ORONO CODE Banner means any temporary sign of lightweight fabric or similar material mounted to a pole or a building at one or more edges. Billboard. See Outdoor advertising sign. Canopy/awning sign means a message or logo on an awning or canopy which is constructed according to the requirements of the building code, is an integral part of the building, and is consistent with the architecture and design of the building. Clear vision area means an area within a triangle that is measured along the edge of the driving surface of the road starting at the intersec- tion of two roads and driveways (public or private) and extending 30 feet in each direction from the intersection and then a line connecting these two end points. Changeable message sign means a message that is not permanently attached to the sign face but is not a dynamic display. The message is changed manually. Commercial message sign means any message which identifies a business or product or promotes the sale of any product or service. Dynamic display means any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent move- ment or change is in the display, the sign structure itself, or any other component of the sign. The term "dynamic display" includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. The term "dynamic display" also includes, but is not limited to, any rotating, revolving, moving, flashing, blinking, projecting, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink, or any other method or technology that allows the sign face to present a series of images or displays. Freestanding sign means a self-supporting sign usually held up by uprights placed in the ground or any other base that is anchored to the ground. Grand opening means commencement of opera- tion of a new business. A grand opening is considered to occur if there is a new business, a business name change or change in type of business or activity. Graphic sign means a sculpture attached to or sign painted directly on a wall that is primarily symbolic or representational in nature and not alpha or numeric in content or copy. Illuminated sign means any sign, which has characters, letters, figures, designs or outlines which are illuminated by an artificial light source. Incidental sign means any sign that is gener- ally not readable from property other than where the sign is located, such as from adjacent property or a public street, as determined by the city administrator or their designee. Signs may include on -site wayfinding signs, gas pump signs, and menu boards. Lighting, backlit means an illuminated sign where the light source which illuminates the wall behind individual sign letters is hidden from view. The sign letters are opaque and appear as a silhouette against the lighted surface. Lighting, external, means the sign is illuminated by means of external light fixtures directed at the sign. Lighting, internal, means an illuminated sign having the source of illumination located inside a translucent panel and is not directly visible. Monument sign means a freestanding sign installed on the ground with the sign copy mounted on a base and at least as wide as the sign. On -premises sign means a sign whose mes- sage is related to the property or the activity and use occurring on the property on which the sign is located. On -premises signs include multi - tenant identification signs that may advertise CD6:238 N IV V) LAND USE tenants on different property, provided such tenants are within the same approved PUD and parking is shared between properties. Outdoor advertising sign means any sign that is located outdoors and that advertises a product, business, service, event, or any other matter that is not available, or does not take place, on the same premises as the sign. Outdoor advertising signs are commonly called billboards. An outdoor advertising sign does not include a sign that is not readily understandable or readable from property other than where the sign is located, such as from adjacent property or a public street, as determined by the city administrator or their designee. Permanent sign means any sign that is not temporary. Pole sign means a freestanding sign that is elevated off the ground by one or more poles. Portable sign means a temporary sign whose principal supporting structure is intended, by design and construction, to be used by resting upon the ground for support and may be easily moved or relocated for reuse. Portable signs include, but are not limited to, A -frame or T-frame signs, sandwich signs, signs mounted on a trailer, bench, wheeled carrier, or other non -motorized mobile structure with or without wheels. Projecting sign means a sign, other than a wall sign, that is attached to and projects more than 18 inches from the building facade. Re -facing means the process of replacing the sign copy, message, logo, or graphic on a sign without altering or moving the structure to which the sign face is attached. Regulatory or directional signs means a traffic control sign in state statutes; any identification sign installed on public property by a public authority; and any other identification, regula- tory, or warning sign approved by the city for installation on public or private land. Roof sign means a sign that is mounted on the roof of a building or on a parapet wall that is above the roof line. § 6.12.7160 Rotating sign means a sign or a portion of a sign which moves in a rotating, oscillating or similar manner other than changing signs. Service area canopy means an open air roof - like structure that projects from the wall of a building or is freestanding and is for the purpose of shielding equipment and/or people from the elements; is often found covering service or gasoline station islands. Sign means any written message, pictorial presentation, number, illustration, decoration, banner or other device that is used to announce, direct attention to, identify, advertise or otherwise make anything known. For purpose of maintenance or removal, the term "sign" shall also include frames and support structures. Sign area means the area in square feet of the single smallest rectangle, circle, or triangle that contains the sign copy. Sign height means the distance measured perpendicular from the highest point of the sign structure to the average grade at the base of the sign. Temporary sign means a sign designed to be displayed for a limited period of time that is not permanently affixed to the land or to a structure. Wall sign means a sign attached to or erected against an exterior wall surface of a building or structure. Window sign means a sign mounted inside of a building within the window area that is applied or fastened to the window in a manner that is intended to be viewed from outside the building. (Code 2003, § 78-1469; Ord. No. 2015(3rd series), § 1, 9-10-2018; Ord. No. 261(3rd series), § 1, 6-14-2021) Sec. 6.12.7160. Application process. An application for a sign permit shall be made on the city's permit platform. The applicant shall provide all required information. (Code 2003, § 78-1470; Ord. No. 2015(3rd series), § 1, 9-10-2018) CD6:239 M IV LO § 6.12.7170 Sec. 6.12.7170. Review process. ORONO CODE The city administrator or their designee shall approve or deny the sign permit application in an expedited manner, no more than 30 days from the receipt of the completed application, includ- ing applicable fees. All complete permit applica- tions not reviewed within 30 days shall be deemed approved. Applicants shall be notified in writing if the application is denied, including the reasons for denial. (Code 2003, § 78-1471; Ord. No. 2015(3rd series), § 1, 9-10-2018) Sec. 6.12.7180. Appeals process. Appeals shall be made as outlined in sections 6.12.410 through 6.12.440 no later than ten days following the decision. (Code 2003, § 78-1472; Ord. No. 2015(3rd series), § 1, 9-10-2018) Sec. 6.12.7190. Fees. Sign permit fees and the impoundment fee shall be set by the city council by ordinance from time to time. (Code 2003, § 78-1473; Ord. No. 2015(3rd series), § 1, 9-10-2018) Sec. 6.12.7200. Inspection and enforce- ment. Provisions for sign inspection and enforce- ment are as follows: (1) Inspection authority. All signs shall be subject to inspection by the city administrator or their designee, who is hereby authorized to enter upon any property or premise to ascertain whether the provisions of this division are being obeyed. Such entrance shall be made during business hours unless an emergency exists. (2) Signs in disrepair: The city administra- tor or their designee may order the removal of any sign that is not maintained in accordance with the maintenance provi- sions of this ordinance. Upon failure to comply with such notice within the time specified in such order, the city council may declare the sign to be a public nuisance, impound it, and assess the cost of removal to the sign owner or the sign owner's agent. (3) Impoundment of signs on public property or within public right-of-way. The city administrator or their designee may, at any time and without notice, impound signs that have been installed on public property, within the public right-of-way, or within a public easement that are in violation of this division. The sign owner or their agent may retrieve an impounded sign subject to the following rules: a. Payment of an impoundment release fee. Any subsequent impoundments within one calendar year for a particular property or sign owner will require payment of double the initial impoundment release fee. b. Any impounded sign may be retrieved from the impounded area within three business days of the impoundment or the city administra- tor or their designee may dispose of it. The impoundment area can be located by contacting city hall. Any cost incurred by the city for disposal of an impounded sign may be assessed to the sign owner or the sign owner's agent. C. The city shall have no obligation to notify a property owner that it has impounded a sign. d. The city shall not be held liable for any damage to an impounded sign. (Code 2003, § 78-1474; Ord. No. 2015(3rd series), § 1, 9-10-2018) Sec. 6.12.7210. Exempt signs. All signs shall require an approved sign permit prior to placement except for the signs specifi- cally noted in this section. Exempted signs shall not reduce the permitted signage for a property. These exemptions shall not relieve the owner of the sign from the responsibility of its maintenance CD6:240 le lie L0 LAND USE and its compliance with the provisions of this division or any other law or ordinance regulation the same. (1) Regulatory or directional signs. All regula- tory or directional signs, including, but not limited to, traffic control and other regulatory purpose signs, street signs, identification signs, informational signs, danger signs, and railroad crossing signs. (2) Non-commercial signs in an election year. Signs of any size containing non-com- mercial speech may be posted in any number beginning 46 days before the state primary in a state general election year until ten days following the general election and 13 weeks prior to any special election until ten days following the special election provided that the signs are in compliance with state statutes. (3) Address signs. Address identification signs not exceeding four square feet in area for each structure or portion of a structure with an assigned address. Street identification numbers are required in all sign districts and should be clearly visible from the street. (4) Exempt residential signs. Properties in sign district 1 shall be allowed up to eight square feet of signage provided that a single sign is no larger than six square feet, the signs are not illuminated, and freestanding signs are at least five feet from any property line. (5) Portable signs. Portable A -frame, T-frame, sandwich, or other similar signs that do not exceed six square feet in size, are not illuminated, are located within 15 feet of the primary entrance to a building, and are displayed only during the hours of business operation. No more than two of these signs shall be in place at any given time. (6) Incidental signs. (7) Window signs. Window signs that are inside of a building shall not require a permit but shall be in accordance with section 6.12.7240, Table 1. § 6.12.7220 (8) Non-commercial signs. Any sign display or device allowed under this section may contain any otherwise lawful noncom- mercial message that does not direct attention to a business operated for profit, or to a commodity service for sale, and that complies with the size, height, and lighting requirements of this division. (9) Change of copy. No permit shall be required to change the text of a sign provided the sign structure and face is not otherwise enlarged, modified, enhanced or altered in any way. (Code 2003, § 78-1475; Ord. No. 2015(3rd series), § 1, 9-10-2018; Ord. No. 261(3rd series), § 2, 6-14-2021) Sec. 6.12.7220. Prohibited signs. The following signs shall be prohibited in all sign districts: (1) Signs with moving, swinging, revolving, or rotating parts. (2) Freestanding pole signs. (3) Roof signs. (4) Projecting signs. (5) Noncompliant signs. Any sign not constructed, wired, assembled, attached, or supported in conformance with applicable building or other codes and regulations. (6) Signs in the right-of-way. Signs in the public right-of-way except as provided for, by state statutes, or allowed by the agency regulating the right-of-way. (7) Outdoor advertising signs, including billboards. (8) Portable signs. Portable signs shall be prohibited, except for portable A -frame, T-frame, sandwich, or other similar signs that do not exceed six square feet in size. (9) Signs in the clear vision area. (10) Signs imitating traffic control signs. Signs that are designed to resemble official traffic signs except signs which are used to control traffic on private property. CD6:241 W) IV LO § 6,12.7220 ORONO CODE (11) Any sign, sign type, sign lighting, or sign technology not specifically listed as permitted in this division shall be prohibited. (Code 2003, § 78-1476; Ord. No. 2015(3rd series), § 1, 9-10-2018; Ord. No. 261(3rd series), § 3, 6-14-2021) Sec. 6.12.7230. Regulation by sign district. For the purpose of regulating signs, the follow- ing sign districts are adopted: District Description All residential properties zoned R-1A, R-1B, LR-1A, LR-1B, LR-1C, LR-IC-1, RR-1A, RR-lB, RR-113-1, RS, PRD, RPUD M-6, all nonresidential uses located in a residential district, including, but not limited to schools, places of worship, neighborhood identification features B-1, B-2, B-4, B-5, B-6 B-3 I, PID (Code 2003, § 78-1477; Ord. No. 2015(3rd series), § 1, 9-10-2018; Ord. No. 261(3rd series), § 4, 6-14-2021) Sec. 6.12.7240. Permitted sign type, area, height, and illumination by sign district. All signs shall conform to the applicable standards in Table 1, Sign Standards by Sign District. The following provisions shall also apply: (1) Wall sign. Wall signs shall not extend more than 18 inches from the wall they are attached to. (2) Monument signs. a. No more than one monument sign shall be permitted on any site except in cases where properties front more than one public street. For proper- ties that front more than one public street, one additional monument sign may be permitted provided that the additional monument sign does not exceed half the size of the maximum sign area allowed for a monument sign in the underlying district. b. The sign area of a monument sign shall only be calculated using one side of the sign. If the two sides are different sizes, the larger side shall be used for determining sign area. C. Monument signs shall be located at least five feet from any property line and shall not project over the property line. Clear vision shall be maintained from all streets and driveways. d. The total area of a monument sign shall not exceed 1.5 times the permit- ted sign copy area of a monument sign. The total sign area includes all sign copy, graphics, and structure. (3) Service area canopy. The street facing edge or face of a service area canopy is permitted up to 50 square feet of sign area in addition to all other sign areas permitted on site. Such street facing edge or face of a service area canopy may be illuminated externally, internally, or backlit, but no other part of the face of the canopy shall be illuminated. (4) Awnings and canopies. No part of an awning or sun canopy shall be less than eight feet or greater than 12 feet above grade. Any sign area on the awning, if illuminated, will be deducted from the permitted sign area. The fabric or mate- rial used for the awning or canopy must be opaque and no internal illumination is permitted. (5) Adult use signs. In addition to this divi- sion, all adult use oriented signs shall comply with the sign requirements in the sexually oriented business ordinance. CD6:242 (a IV LO LAND USE Table 1. Sign Standards by Sign District § 6.12.7260 Sign Type District 1 District 2 District 3 District 4 District 5 Total sign area on a parcel shall be in proportion to the lot frontage on a 5% of street, described by the ratio: 1 foot 1:1 1:1 1:1 1:2.5 building of street frontage to X feet of sign fagade area, unless otherwise noted Wall Maximum sign copy area —single 6 sf 20 sf 60 sf 100 sf 45 sf sign Max height Wall height Wall height Wall height Wall height Wall height Lighting permitted E/I/B E/I/B E/I/B E/I/B Freestanding Type M M M M M Maximum sign copy area 6 sf 32 sf 60 sf 60 sf 45 sf Max height 8 ft 8 ft 18 ft 20 ft 10 ft Lighting permitted E/I/B E/I/B E/I/B E/I/B Graphic Maximum sign area 8 sf 20 sf 60 sf 60 sf 45 sf Max Height Wall height Wall height Wall height Wall height Wall height Lighting permitted E/I/B E/I/B E/I/B E/I/B Window Not Not 35% of 35 % of 35% ofwindow Maximum coverage area permitted permitted window window area area area Auxiliary Maximum sign copy area per sign 8 sf 8 sf 8 sf 8 sf 8 sf Wall height Nt permitted 4 ft 6 ft 6 ft 8 ft Freestanding height 4 ft 4 ft 6 ft 6 ft 8 ft E = External I = Internal B = Backlit M = Monument P = Pole (single pole support only) (Code 2003, § 78-1478; Ord. No. 2015(3rd series), § 6-14-2021) Sec. 6.12.7250. Changeable message sign. (a) No more than 35 percent of the actual sign area of a permitted sign in a nonresidential district shall be capable of displaying changing messages. The remainder of the sign area shall not have the capability to change messages even if not used. 1, 9-10-2018; Ord. No. 261(3rd series), § 5, (b) Dynamic display that depicts time, temperature, or fuel prices only shall not be calculated as changeable copy for the purposes of determining the 35 percent limit. (Code 2003, § 78-1479; Ord. No. 2015(3rd series), § 1, 9-10-2018; Ord. No. 261(3rd series), § 6, 6-14-2021) Sec. 6.12.7260. Allocation of permanent signs on multitenant development sites. In multitenant buildings or sites, the permit- ted sign area and sign types, except for freestand- CD6:243 ti IV L0 § 6.12.7260 ORONO CODE ing signs, may be installed by each individual one permit. Temporary sign permits are business establishment that has exclusive use of nontransferable to other properties or some portion of the street or otherwise primary establishments on the same property. level of the building and direct access to the (2) Single occupant parcels. outside. Tenants located on the street or otherwise primary level in a center with a common mall or a. No more than one permitted atrium shall be considered to have direct access temporary sign shall be permitted to the outside for the purpose of this section. The at any given time. The area of the management and ownership of any business temporary signage shall not exceed establishment proposing to install signage must one-half of the permitted sign area be separate and distinct from the management as allowed in section 6.12.7240, Table and ownership of any other establishment in the 1 for a particular sign type in the same building or on the same building lot. underlying sign district. (1) Multitenant buildings and properties sign b. Freestanding temporary signs shall allocation. Signage for establishments only be permitted in districts where occupying a multitenant building or site freestanding signs are permitted as but not located on the street or primary allowed in section 6.12.7240, Table level of the building must be provided 1. from the allocation of sign area and type (3) Multitenant parcels. to the occupants of the street or primary level of the building as determined by the a. Each individual business establish - property owner. ment that has exclusive use of some portion of the street or otherwise (2) Freestanding signs on multitenant build- primary level of the building and ings and properties. For freestanding signs, direct access to the outside qualifies a multitenant parcel shall be considered for the temporary signs permitted one parcel and freestanding signs shall in subsection (1) of this section. be permitted in accordance with section Sign permits shall not be transfer- 6.12.7240, Table 1. In the case of multiple rable to other business establish - tenant sites, the permitted freestanding ments. sign area shall be allocated by the property b. Temporary wall signage may be owner among its tenants. permitted for each individual busi- (Code 2003, § 78-1480; Ord. No. 2015(3rd series), ness establishment that has § 1, 9-10-2018) exclusive use of some portion of the street or otherwise primary level of Sec. 6.12.7270. Temporary on -premises the building and direct access to the signs. outside. The total temporary wall sign area for each tenant shall not All temporary signs shall require an approved exceed one-half of the permitted sign permit prior to placing the sign and shall permanent wall sign area as allowed conform to the following: in section 6.12.7240, Table 1. Each (1) Temporary sign permit length. Temporary business shall not have more than signs, including portable signs, stream- one wall or freestanding temporary ers, pennants, banners, inflatables, or sign at a time. other similar objects with a commercial C. One temporary freestanding sign message may be displayed on four occa- may be permitted for each individual sions per calendar year with a maximum business establishment that has of ten days for each occasion. The four exclusive use of some portion of the occasions may be used consecutively with street or otherwise primary level of CD6:244 LAND USE the building and direct access to the outside. The total area of all temporary freestanding signage for the parcel shall not exceed one-half of the permitted area of permanent freestanding signage for the parcel as allowed in section 6.12.7240, Table 1. The total permitted temporary freestanding sign area shall be allocated by the property owner or their designee among its tenants. (4) Grand openings. New businesses with grand openings are eligible for one additional temporary sign permit of any type permitted in the underlying sign district with an approved permit. The sign may be in place for up to 30 days provided all other requirements in this section are met and the required permits are obtained. This eligibility shall expire six months after the business opens. (5) Sale, rent, or lease space. a. Lots. Parcels for sale, rent, or lease, may obtain a temporary sign permit for one temporary freestanding sign per street frontage that does not expire until seven days after the parcel is leased or sold. A freestand- ing sign shall not exceed 32 square feet in size. All other provisions in this section 78-1481 shall apply. b. Space. Buildings with space for sale, rent or lease may obtain a temporary sign that does not expire until the space is leased or sold, provided that the sign is not illuminated or greater than 32 square feet in size. (6) Residential, commercial, industrial developments. For the purpose of selling or promoting a residential project, includ- ing its architect, engineer, developer, financer, or contractor of three or more dwelling units; a commercial area, or an industrial area, one sign not to exceed 48 feet of advertising surface may be erected upon the project site. Such sign shall not § 6.12.7280 remain after 90 percent of the project is developed. One sign per street frontage may be permitted. (7) Temporary sign height. A temporary sign shall not exceed the height limits listed in section 6.12.7240, Table 1, for a permanent sign of a particular sign type in a given district, including inflatable signs and balloons. (8) Sign installation. A temporary sign shall be secured and well -constructed so as not to create a hazard to pedestrians or vehicles. (9) Illumination. A temporary sign shall not be illuminated. (10) Location. The permitted location of all temporary signs is subject to change as determined by the city administrator or their designee in order to protect the public health, safety, welfare, and aesthet- ics. (Code 2003, § 78-1481; Ord. No. 2015(3rd series), § 1, 9-10-2018; Ord. No. 261(3rd series), § 7, 6-14-2021) Sec. 6.12.7280. Sign standard adjustments. Adjustments to the requirements and standards for the height, number, type, lighting, area, and/or location of a sign or signs established by this division may be approved with a site plan review or planned unit development process as described in article II, division 4 and article VI of this chapter. In order to approve any sign standard adjustment, the following criteria of this section shall be satisfied: (1) There are site conditions that require a sign adjustment to allow the sign to be reasonably visible from a street immediately adjacent to the site. (2) The sign adjustment will allow a sign of exceptional design or style that will enhance the area or that is more consistent with the architecture and design of the site. CD6:245 0 IV L0 § 6.12.7280 ORONO CODE (3) The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located or the current land use. (Code 2003, § 78-1482; Ord. No. 2015(3rd series), § 1, 9-10-2018) Sec. 6.12.7290. Maintenance and repair. All signs shall be kept in good repair and free from peeling paint, rust, damaged or rotted support, framework or other material, broken or missing faces or missing letters. Any structure from which a sign has been moved or removed shall be repaired with materials and/or painted or stained to match the existing background. (1) Sign permit not required. Activities not requiring a sign or building permit shall include replacing or repairing lamps, bal- lasts, transformers, trim, sign fasteners, nuts, or washers; painting the pole or base of freestanding signs; and painting the cabinet of freestanding signs or build- ing signs. (2) Sign permit required. For any sign that required a permit, the following activi- ties shall not be considered normal maintenance and repair and a permit shall be required: a. Removing the sign for the repair of the cabinet or any part thereof. b. Changes made to a sign's size or illumination, including, but not limited to, height, width, area, adding or removing illumination. C. Changes in poles, structural sup- ports, bases or shrouds, footings, or anchor bolts, moving the sign to a new location, or replacement of the interior or exterior cabinet frame, except the sign face. (3) Building permit. A building permit may be required for any signs involving the construction of or changes to a sign structure and/or electrical connections as determined by the building official. (Code 2003, § 78-1483; Ord. No. 2015(3rd series), § 1, 9-10-2018; Ord. No. 261(3rd series), § 8, 6-14-2021) Sec. 6.12.7300. Nonconforming signs. It is the intent of this division that nonconform- ing signs shall not be enlarged or expanded, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this division to permit legal nonconforming signs to remain, provided that such signs are safe, maintained so as not be unsightly, and have not been abandoned or removed subject to the following provisions: (1) Nonconforming sign continuance. A legal nonconforming sign may be continued through repair, replacement, restoration, maintenance, or improvement but shall not be expanded or moved to a new location. (2) Nonconforming sign discontinuance. If the use of the nonconforming sign or sign structure is discontinued for a period of one year, the sign or sign structure shall not be reconstructed or used except in conformity with the provisions of this division. (3) Nonconforming sign damaged or destroyed. Should a nonconforming sign or sign structure be damaged or destroyed by any means to an extent greater than 50 percent of its market value and all required permits for its reconstruction have not been applied for within 180 days of when the sign or sign structure was damaged, it shall not be reconstructed or used except in conformity with the provisions of this division. (4) Sign regulation conformance. Should a nonconforming sign or sign structure be permanently moved for any reason for any distance, it shall thereafter conform to the regulations for the sign district in which it is located after it is moved. (5) Loss of nonconforming land use. An exist- ing sign devoted to a use not permitted by article IV of this chapter in the zoning district in which it is located shall not be enlarged, expanded, or moved except in changing the sign to a sign permitted in the sign district in which it is located. CD6:246 LAND USE (6) Loss of nonconforming status. When a building or use loses its nonconforming status, all signs devoted to the structure or use shall be removed and all signs painted directly on the structure shall be repainted in a neutral color or a color which will harmonize with the structure. (Code 2003, § 78-1484; Ord. No. 2015(3rd series), § 1, 9-10-2018) Sec. 6.12.7310. Severability. If any section, subsection, sentence, clause or phrase of this division is for any reason held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this division. The city council hereby declares that it would have adopted this division in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. (Code 2003, § 78-1485; Ord. No. 2015(3rd series), § 1, 9-10-2018) Division 5. Off -Street Parking and Loading Subdivision I. In General Sec. 6.12.7410. General provisions. (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 require- ments for off-street parking, loading and unload- ing 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 provi- § 6.12.7410 sions 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 exist- ing on September 14, 1967, shall not be reduced in number unless the number exceeds the require- ments 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 fabrica- tion, 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 6.12.7820. Additionally, vehicles in excess of 14,000 pounds GVW shall be subject to the provisions of section 6.12.7820(3)b. and no trailer in excess of 10,000 CD6:247 T U) LO § 6.12.7410 ORONO CODE pounds GVW shall be parked or stored in a residential district except when loading, unload- ing 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); Code 2003, § 78-1491; Ord, No. 4(3rd series), § 1, 11-11-2003) Sec. 6.12.7420. Residential driveways, approaches and turnarounds. (a) A single driveway approach may not serve more than two single residential lots from the same road. Lots defined as through lots or corner lots shall only be allowed a driveway approach to one public road. There shall never be more than driveway approaches on residential lots fronting on a local street. (b) Driveway turnarounds are required on all driveways or driveway approaches entering onto a state highway, county road, or collector roadway as determined in the comprehensive plan. Driveway turnarounds are required 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. (c) All driveway improvements must meet the driveway standards outlined in chapter 3.04, article III. (Ord. No. 303(3rd series), § 4(78-1492), 4-8- 2024) Sec. 6.12.7430. Business driveways, approaches and turnarounds. (a) One business driveway is 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 the access road or 32 feet at the property line, whichever is less. 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) Loading docks, ramps, and vehicular entrances must be located so that accessing such facilities will not require backing onto or maneuvering within the road right-of-way. Load- ing docks, ramps, and vehicular entrances must be located in such a manner that driveways wider than permitted by this article will not be necessary. (c) Driveway turnarounds shall be required on all driveways or driveway approaches enter- ing onto a state highway, county road or a collector roadway. Driveway turnarounds shall be required 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 require- ments shall be stated on any permit issued by the city engineer pursuant to this article. (d) All driveways must be located at least ten feet from the side property line; however, a driveway that is shared by two parcels of land is exempt from this requirement. (e) All driveway improvements must meet the driveway standards outlined in chapter 3.04, article III. (Ord. No. 303(3rd series), § 4(78-1493), 4-8- 2024) Sec. 6.12.7440. Regulatory signs. An address sign is required to be placed adjacent to any driveway serving two or more lots. The address sign must be visible when viewed from the right-of-way. The address sign shall conform to setback requirements within Orono's Sign Code. (Ord. No. 303(3rd series), § 4(78-1494), 4-8- 2024) CD6:248 N LA L0 LAND USE Subdivision II. Parking Sec. 6.12.7510. Setbacks for parking. Required off-street parking in all districts shall meet the following setback requirements: (1) R districts. Within all R districts, all vehicles must have a garage stall or open parking space on the same lot as the principal use served. Open parking spaces on lots must have a location other than a required yard, except that such parking may be located in a rear yard to within ten feet of an interior side lot line and to within five feet of a rear lot line. All vehicle parking must be on an approved hard surface. (2) B districts. Within the B-2 district park- ing shall not be allowed in a required yard or landscaping area. Within the B-1, B-3 and B-4 districts, parking spaces and/or garages shall be located in areas other than a required yard; except that open, off-street parking spaces may be located in a rear yard to within three feet of the rear or side lot line unless the rear or side lot line is in common with an R district; in which case the setback distance shall be the same as required for the R district. All vehicle parking must be on an approved hard surface. (3) I Industrial districts. All off-street park- ing spaces shall conform with the require- ments of section 6.12.3960. (Code 1984, § 10.61(5); Code 2003, § 78-1511; Ord. No. 32(3rd series), § 6, 3-27-2006; Ord. No. 299(3rd series), § 14, 3-11-2024) Sec. 6.12.7520. Joint parking. (a) Required parking facilities serving two or more uses in the B district may be located on the same lot, provided that the total number of parking spaces so furnished shall be not less than the sum total of the separate requirements for each use and provided: (1) The proposed joint parking space is within 300 feet of the use it will serve; § 6.12.7550 (2) The applicants shall show that there is no substantial conflict in the principal operating hours of the two or more build- ings or uses for which joint use of off- street parking facilities is proposed; and (3) A properly drawn legal instrument approved by the city attorney and executed by the parties concerned for joint use of off-street parking facilities shall be filed with the city clerk. This instrument may be a three or more party agreement, including the city. (b) Required parking facilities located within the I Industrial District shall conform with the requirements of section 6.12.3960. (Code 1984, § 10.61(6); Code 2003, § 78-1512; Ord. No. 32(3rd series), § 7, 3-27-2006) Sec. 6.12.7530. Control of parking facili- ties. When required accessory off-street parking facilities are provided elsewhere than on the lot on which the principal use served is located, written authority for using such property for off-street parking shall be filed with the city so as to maintain the required number of off-street parking spaces during the existence of the principal use. No such parking facilities at its closest point shall be located more than 100 feet from the premises nor more than 300 feet from the principal use or building served. (Code 1984, § 10.61(7); Code 2003, § 78-1513) Sec. 6.12.7540. Storage prohibited. Required off-street parking space in all districts shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable, for lease, rent or sale. (Code 1984, § 10.61(8); Code 2003, § 78-1514) Sec. 6.12.7550. Design and maintenance of parking areas. (a) Access. Parking areas shall be designed so as to provide an adequate means of access to a public alley or street. This driveway access shall not exceed 30 feet in width at the public walk centerline and shall be so located as to cause the CD6:249 § 6.12.7550 ORONO CODE least interference with traffic movement. All (4) School, high school through college, at off-street parking spaces shall have access off least one for each seven students based driveways and not directly off a public street. on design capacity, plus one for each three classrooms. (b) Fractional spaces. When the determining of the number of required off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space. (c) Signs. Signs located in any parking area necessary for orderly operation of traffic move- ment shall be in addition to accessory signs otherwise permitted. (d) Surfacing. All of the area intended to be utilized for parking space and driveways for four or more vehicles shall be surfaced with material to control dust and drainage. (e) Lighting. If lighting is provided, it shall be accomplished in such a manner as to have no direct source of light visible from the public right-of-way or adjacent land. (f) Curbing. All open off-street parking areas designed to have head -in parking along any lot line shall provide a tire bumper or curb of adequate height and properly located to ensure that no part of any car will project beyond the required setbacks. (Code 1984, § 10.61(9); Code 2003, § 78-1515) Sec. 6.12.7560. Required off-street park- ing. Except within the I Industrial District, where the principal use of the structure served is as listed, the minimum parking facilities (open or enclosed) shall be as shown. Within the I Industrial District, minimum parking facilities (open or enclosed) shall conform to section 6.12.3960. (1) Single-family dwelling, two per dwelling unit. (2) Multiple dwelling, two per dwelling unit. (3) Motel, motor hotel, motor court or hotel, four, plus at least one for each guest room provided in the design of the building. (5) Churches, auditoriums, undertaking establishments, at least one for each four seats based on the design capacity of the main assembly hall. (6) Theater, athletic field, at least one for each six seats of design capacity. (7) Community center, post office, YMCA, YWCA, physical cultural studio, pool halls, libraries, private clubs, lodges, museums, ten, plus one for each 300 square feet of floor area in excess of 2,000 square feet of floor space in the principal structure. (8) Hospital, at least one for each three hospital beds. (9) Golf courses, country clubs, tennis clubs, public swimming pools, 20, plus one for each 300 square feet in excess of 1,000 square feet of floor space in the principal structure. (10) Day nurseries, four, plus one for each 500 square feet in excess of 1,000 square feet of floor space in the principal structure. (11) Office buildings and professional offices, banks, savings institutions, at least one for each 200 square feet of floor area. (12) Drive-in establishments, at least one for each 15 square feet of floor area in the building. (13) Bowling alley, at least six for each alley. (14) Motor service stations, at least three, plus two additional off-street parking spaces for each service stall. (15) Retail sales and service establishments, at least one for each 150 square feet of net floor area. (16) Restaurants, cafes, bars, taverns, nightclubs, at least one for each 80 square feet of public floor area. (17) Furniture store, appliance store, warehouse under 15,000 square feet of floor area, auto sales, grainhouses, ken- CD6:250 14 L0 LO LAND USE nels and studios, at least one for each 500 square feet in excess of the first 500 square feet of floor area in the principal structure. (18) Auto repair, major, bus terminals, taxi terminals, boat and marine sales and service, bottling companies, shop for trade (employing six people or less), garden supply stores, building materials sales, at least eight, plus one for each 800 square feet of floor area over 1,000 feet, including warehousing and all outside sales and storage area related to the sales and service functions. (19) Skating rinks, ski areas, dance halls, public auction houses, and similar recreational uses, at least 15, plus one for each 300 square feet of floor area over 1,000 square feet. (20) Manufacturing, fabrication or processing of a product or material, at least four, plus one for each 800 square feet of building. One additional off-street park- ing space shall be provided for each 2,500 square feet or fraction thereof of land devoted to outside storage. (Code 1984, § 10.61(10); Code 2003, § 78-1516; Ord. No. 32(3rd series), § 8, 3-27-2006) Subdivision III. Loading Sec. 6.12.7610. Application of loading rules to all districts. (a) Except for buildings and uses within the I Industrial District, the regulations and require- ments regarding off-street loading and unload- ing shall apply to the required and non -required loading and unloading facilities in all the districts. If in the application of these requirements a fractional number is obtained, one loading space shall be provided for a fraction of one-half or more, and no loading space shall be required for a fraction of less than one-half. (b) Loading requirements within the I Industrial District shall conform to section 6.12.3970. (Code 1984, § 10.61(11); Code 2003, § 78-1536; Ord. No. 32(3rd series), § 9, 3-27-2006) § 6.12.7670 Sec. 6.12.7620. Location of loading berths. All loading berths shall be 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not occupy any yard requirement bordering a street. (Code 1984, § 10.61(12); Code 2003, § 78-1537) Sec. 6.12.7630. Size of loading berths. Unless otherwise specified, the first berth required shall not be less than 12 feet in width and 25 feet in length. Additional berths shall be as specified, but not less than 12 feet in width and 25 feet in length. All loading berths shall maintain a height of 14 feet or more. (Code 1984, § 10.61(13); Code 2003, § 78-1538) Sec. 6.12.7640. Access to loading berths. Each loading berth shall be located with appropriate means of access to a public street or alley in a manner which will least interfere with traffic. (Code 1984, § 10.61(14); Code 2003, § 78-1539) Sec. 6.12.7650. Surfacing of loading berths. All loading berths and accessways shall be improved with a durable material. (Code 1984, § 10.61(15); Code 2003, § 78-1540) Sec. 6.12.7660. Storage prohibited. Any area allocated as a required loading berth or access drive, so as to comply with the terms of this division, shall not be used for the storage of goods or inoperable vehicles nor be included as a part of the area necessary to meet the off-street parking area. (Code 1984, § 10.61(16); Code 2003, § 78-1541) Sec. 6.12.7670. Required loading berths. Where the principal use of the structure served is as listed, the minimum number of loading berths shall be as shown: (1) Auditoriums, convention hall, public build- ing, hospital, school, hotel, sports arena, at least one loading berth 25 feet in length for each building having 1,000 to 10,000 square feet of floor area. For CD6:251 § 6.12.7670 ORONO CODE buildings having 10,000 to 100,000 square feet of floor area, one additional loading berth 50 feet in length. (2) Retail sales and service stores, offices, at least one loading berth 25 feet in length for each building having 6,000 square feet of floor area or more, plus one additional loading berth 50 feet in length for buildings over 25,000 square feet up to 100,000 square feet. (3) Manufacturing, fabrication, processing and warehousing, at least one loading berth 25 feet in length for each building having 3,000 square feet or fraction thereof, plus one loading berth 50 feet in length for each 25,000 square feet of floor area up to 100,000 square feet, plus one loading berth for each 50,000 square feet of floor area over the first 100,000 square feet of floor area. The operator of the business shall have the option to declare the length of the berths required for buildings above 100,000 square feet of floor area, except that half or more of the total number of berths required shall be 50 feet in length. (4) For other uses, there shall be provided adequate off-street loading space in con- nection with all structures which require receipt or distribution of materials by vehicles. (Code 1984, § 10.61(17); Code 2003, § 78-1542) Division 6. Performance Standards Sec. 6.12.7710. Standards for all districts. The guiding of rural and suburban develop- ment so as to develop a compatible relationship of uses to achieve the purposes and guiding principles established by this chapter depends upon certain standards being maintained. Uses permitted in the various districts; conditional and accessory uses; and any use authorized by special permit, variance, the application of any credit, formula or special planning procedure, such as PRDs or PIDs or other provisions of this chapter, shall conform to the standards of this division. These standards shall apply in all districts. (Code 1984, § 10.60(1); Code 2003, § 78-1566) Sec. 6.12.7720. Density. Permitted uses or application of the various provisions of this chapter or other laws, includ- ing provisions relating to conditional and acces- sory use, uses authorized by special permit, variance, the application of any credit, formula, or special planning procedure, whether singly or in combination, shall not result in a density greater than four dwelling units per acre of dry buildable land or air space used for construction in any zoning district. (Code 1984, § 10.60(2); Code 2003, § 78-1567) Sec. 6.12.7730. Noise. Any use established shall be so operated that no noise resulting from that use is perceptible beyond the boundaries of the plat line of the site on which such use is located. This standard shall not apply to incidental traffic, parking, loading, construction or maintenance operations. (Code 1984, § 10.60(3); Code 2003, § 78-1568) Sec. 6.12.7740. Smoke, particulate matter. Any use established, enlarged or remodeled after September 14, 1967, shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, comfort or general welfare of the public. For purpose of grading the density of smoke, the Ringelmann Chart published and used by the United States Bureau of Mines shall be employed. The emis- sion of smoke shall not be of a density greater than No. 2 on the Ringelmann Chart. (Code 1984, § 10.60(4); Code 2003, § 78-1569) Sec. 6.12.7750. Toxic or noxious matter. Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil beyond the boundaries of the lot wherein such use is located, toxic or noxious matter in such concentra- CD6:252 LAND USE tion as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business. (Code 1984, § 10.60(5); Code 2003, § 78-1570) Sec. 6.12.7760. Odors, solid matter. Any use established, enlarged or remodeled shall be so operated as to prevent the emission of odorous or solid matter of such quality and quantity as to be readily detectable at any point beyond the lot line of the site on which the use is located. (Code 1984, § 10.60(6); Code 2003, § 78-1571) Sec. 6.12.7770. Vibration. Any use creating periodic earth -shaking vibra- tions, such as may be created from a drop forge, shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction. (Code 1984, § 10.60(7); Code 2003, § 78-1572) Sec. 6.12.7780. Glare or heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from R districts and public streets. (Code 1984, § 10.60(8); Code 2003, § 78-1573) Sec. 6.12.7790. Explosives. Any use requiring the storage, utilization or manufacturing of products which could decompose by detonation shall be located not less than 400 feet from any R district line. (Code 1984, § 10.60(9); Code 2003, § 78-1574) Sec. 6.12.7800. Screening. (a) Screening shall be required in residential zones where: (1) Any off-street parking area which contains more than four parking spaces and is within 30 feet of an adjoining residential lot line; and § 6.12.7820 (2) Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential lot line. (b) The screening required in this section shall consist of a solid fence or wall at least 50 percent open, not less than four feet nor more than five feet in height, but shall not extend within 15 feet of any street or driveway opening onto a street. The screening shall be placed along the property lines or in case of screening along a street, 15 feet from the street right-of- way with landscaping (trees, shrubs, grass and other planting) between the screening and the pavement. A louvered fence shall be considered solid if it blocks direct vision. Planting of a type approved by the planning commission may also be required in addition to or in lieu of fencing. (Code 1984, § 10.60(10), (11); Code 2003, § 78- 1575) Sec. 6.12.7810. Maintenance. In all districts, all structures, required landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions. (Code 1984, § 10.60(12); Code 2003, § 78-1576) Sec. 6.12.7820. 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 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 subsection (6) of this section. (1) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them CD6:253 ti § 6.12.7820 ORONO CODE in this subsection, except where the context clearly indicates a different mean- ing: Blight means a deteriorated condition, something that impairs or destroys. Boat, for the purposes of this article, means any water craft required to be registered or licensed by the state, but excluding canoes, kayaks, paddle boards, or pedal boats. 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. Recreational vehicle and mobile home mean and include the following defini- tions, and shall not include any manufactured housing unit bearing a state -manufactured housing seal or certificate, for uses including, but not limited to, those listed below: Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation uses, also called a pop-up camper. 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. Pickup camper means a structure designed to be mounted on a truck chassis for use as a temporary dwell- ing for travel, recreation and vaca- tion. Travel trailer means a vehicular, portable structure built on a chas- sis, 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. 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, finish- ing machines, motor graders, road rollers, scarifiers, earth -moving equipment. The term "special mobile equipment" 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. 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 trail- ers, 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. (2) Parking regulated. Parking of recreational vehicles, motor homes and utility trailers shall be regulated as follows: a. It is unlawful for any person to park a 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, motor home, recreational vehicle in any R district CD6:254 LAND USE § 6.12.7820 for more than 24 hours, except in a 3. Vehicle must not be visible from required side or rear yard at least neighboring properties and five feet from any property line. public streets; vegetative screening is preferred. C. It is unlawful to use a motor home or recreational vehicle for human 4. Maintenance of said vehicle habitation on any private property shall occur within an enclosed for more than 72 hours without a building. permit from the city. 5. The vehicle shall not constitute a nuisance at any time. (3) Vehicle storage. All vehicles parked or stored on any property within the city 6. In a shared driveway situa- shall be operable and currently licensed. tion, the applicant shall The parking of vehicles, other than demonstrate that the appropri- recreational vehicles, in R districts is ate easement exists. regulated as follows: 7. Minimum lot size of five acres. For any property at least two a. Parking of vehicles other than acres but less than five acres recreational vehicles, with a in area, where it can be shown maximum gross vehicle weight that prior to the effective date (GVW) of 14,000 pounds or less is of the ordinance from which allowed in all R districts. this section is derived such a b. Parking of vehicles in R districts in vehicle was previously stored excess of 14,000 pounds GVW has on a regular basis prior to and after January 1, 2004, a vehicle the potential to create negative storage permit maybe granted impacts on the surrounding if the conditions of subsections neighborhood. These impacts may (3)b.1 through 6 of this section include noise (from operation as are met, subject also to the well as maintenance of vehicle); following limitations: vibration; glare; odors; soillwater (i) A vehicle storage permit contamination (from dripping, wash- may only be issued for ing, etc.); hazards to pedestrians by properties within the way of proximity, especially on RR-113, RR-1A, and LR-1A private roads; wear and tear on zoning districts. local or private roads; propensity to offload remaining cargo on site at (ii) Such permit shall be end of day; and visual incompat- granted only to the cur- ibility with the character of a rent property owner and neighborhood. Such use may be only for the specific vehicle acceptable under certain conditions applied for. The current in zoning districts where lot areas owner may replace the are generally two acres or larger. vehicle in kind, but shall Therefore, parking of such vehicles not add other such requires each of the following condi- vehicles. Any replacement tions be met: vehicle must be registered with the city within 30 1. Property owner must be vehicle days to transfer its permit - owner or operator. ted status. 2. Vehicle must be set back 50 (iii) This permit shall not feet from property lines. apply to subsequent CD6:255 § 6.12.7820 ORONO CODE property owners, boats are shrink wrapped, white is subsequent property the preferred color but is not manda- owners shall not be tory. considered as having a e. Dispute resolution. Complaints grandfathered permit by regarding boats stored in lakeshore virtue of their predeces- yards and potentially impacting a sor's permit. neighbor's views of the lake will be (iv) This permit shall referred to a dispute resolution com- automatically and mittee, consisting of the planning permanently expire if the director, the building official, and a vehicle storage is member of the planning and zoning voluntarily discontinued staff. for a period of one year. (5) Prohibited parking or storage. Outdoor parking or storage of special mobile equip- (4) Storage of boats and boat trailers. Boats, ment as defined in this section shall be unoccupied boat trailers, and boats on prohibited in any R district. trailers shall be subject to the following storage requirements when not stored (6) Prohibited material storage. Any viola - for commercial purposes: tion of this section is subject to abate- ment upon seven days' written notice to a. Licensing, operability and restora- the owner of private premises on which tions. All boats stored outside on a such material is found or any conditions residential property shall be cur- in violation of this code section exist. The rently licensed to the owner or owner of the property will be determined occupant of the property. All boats as shown by the records of the office of stored on a property shall be in the county recorder. The city may remove operable condition. For the purposes such matter or correct any conditions in of this section, the term "inoperable violation, and certify the cost of such condition" means a boat lacking parts removals or corrections as any other essential to operation, including, but special assessment. Additionally, the city not limited to, motor, propeller, bat- may also seek injunctive relief for viola- tery; or having the interior, includ- tion of this section. Owners of private ing the driver's position, used for property shall remove and keep removed storage in such a manner that no from all exterior areas of all residential person can operate the vehicle. properties the following items: b. Principal residence required. No boat a. Pest harborage. All exterior property shall be stored on a property or on a shall be free from rodent harborage group of contiguous commonly owned and infestation. Boxes, lumber, scrap properties that does not contain a metal, and similar materials shall principle residence structure. not be allowed to accumulate outside a structure in a manner that attracts C. Required setbacks. Boats, including an infestation of pests. Materials trailered boats, and unoccupied boat permitted and approved for exterior trailers may be stored in any yard, storage shall be neatly stacked. provided that a five feet setback is b. Trash and debris. provided. 1. All household garbage, offal, d. Screening. Screening is not required dead animals, animal and for outside boat storage when in human waste, and waste conformance with this section. If materials. CD6:256 0 c� 0 LAND USE § 6.12.7840 2. Accumulations of litter, glass, Gii) Are likely to obstruct or scrap materials (such as wood, impede the necessary pas - metal, paper, and plastics), sage of fire or other junk, combustible materials, emergency personnel. stagnant water, plastic bags or d. Fertilizer and burial of waste. No trash. person shall leave, deposit, or cause 3. Accumulations of clothing and to be placed on any private ground any other items not designed any garbage, sewage, waste, debris, for outdoor storage. carcass, or other substance or matter C. Non -trash items. which is offensive or unhealthy by decomposition unless the same be 1. Accumulations of wood pallets. buried at least three feet under the 2. Accumulations of vehicle parts surface of the ground, provided that or tires. the use of manure and phosphorous free fertilizer in the normal course 3. All construction and building for agriculture or horticulture is materials unless such materi- permitted. als are being used at the time (Code 1984, § 10.60(13); Code 2003, § 78-1577; in the construction of a build- Ord. No. 206(2nd series), § 1, 9-10-2001; Ord. ing, in which case such No. 4(3rd series), § 2, 11-11-2003; Ord. No. construction must be permit- 21(3rd series), § 1, 11-8-2004; Ord. No. 29(3rd ted and on a continuous, series), §§ 1-3, 10-24-2005; Ord. No. 256(3rd uninterrupted basis. series), § 1, 5-10-2021; Ord. No. 303(3rd series), 4. All appliances or appliance § 5, 4-8-2024) parts. Sec. 6.12.7830. Waste materials. 5. All indoor or upholstered furniture of a type or material Waste material shall not be washed into the which is deteriorated by public storm sewer system nor the sanitary exposure to outdoor elements. sewerage system without first having received a permit to do so from the city. If the permit is not 6. Brush piles exceeding 15 feet granted, a method of disposal shall be devised in diameter and six feet in which will not require continuous land requisi- height. tion for permanent operation and will not cause 7. All recycling materials except a detrimental effect to the adjacent land. Should for reasonable accumulations, the waste be of solid form rather than fluid, the amounts consistent with a storage area shall be so located and fenced as to policy of regular removal, which be removed from public view. In all districts, all are stored in a well -maintained waste material, debris, refuse, garbage, materi- manner according to chapters als not currently in use for construction or 5.12 and 5.20. otherwise regulated in this section shall be kept 8. All other non -trash items in an enclosed building or properly contained in which: a closed container for such purposes. The owner of vacant land shall be responsible for keeping (i) Are of a type or quantity such vacant land free of waste material and inconsistent with normal noxious weeds. and usual use; or (Code 1984, § 10.60(14); Code 2003, § 78-1578) (ii) Are of a type or quantity inconsistent with the Sec. 6.12.7840. Drainage. intended use of the No land shall be developed and no use shall be property; or permitted that results in water runoff causing CD6:257 T L0 § 6.12.7840 ORONO CODE flooding, or erosion on adjacent properties. Such runoff shall be properly channeled into a storm drain, watercourse, ponding area or other suit- able facility. (Code 1984, § 10.60(15); Code 2003, § 78-1579) Sec. 6.12.7850. Traffic control. The traffic generated by any use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards or excessive traffic through residential streets. Vehicles backing from a parking space shall not back into the public street. No access drive to any lot shall be located within 20 feet of any two intersecting street right-of-way lines. (Code 1984, § 10.60(16); Code 2003, § 78-1580) Sec. 6.12.7860. Radiation, electrical disturbance. No activities shall be permitted that emit dangerous radio activity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation of any point of any equip- ment, including, but not limited to, radio and television reception other than that of the creator of the disturbance. (Code 1984, § 10.60(17); Code 2003, § 78-1581) Division 7. Grading and Land Alterations Sec. 6.12.7900. Purpose. The purpose of this section is to promote the health, safety, and welfare of the community and to establish reasonable uniform limitations, standards, and controls for land alterations, excavating, filling and grading within the city. The regulations will allow the city to better Sec. 6.12.7920. Permit required. manage stormwater discharge, ensuring drain- age does not negatively impact neighboring proper- ties, manage hauling traffic and noise, and prevent erosion issues onto adjacent properties, wetlands, lakes, and roads. It is the intent that develop- ment conform to the character of the land wherever practical, and the reconfiguration of the land necessary to support development be kept to the minimum amount necessary. (Code 2003, § 78-1590; Ord. No. 243(3rd series), § 3, 4-13-2020) Sec. 6.12.7910. Information required. All information required by the city shall be submitted for review. Required information may include, but is not limited to: Grading plans, cut/fill calculations, haul route proposals, ero- sion control plan, and watershed district com- ments. (1) Grading plans involving steep slopes, bluffs, or prepared for slope failure mitiga- tion shall be prepared by a professional engineer licensed in the state. Grading plans shall show proper drainage and protection of adjoining properties. (2) The city engineer shall have the author- ity to refer any requests for land altera- tion permits to the city council for review and approval in instances where the land alteration appears to create negative impacts to the infrastructure network, length of time of the project, or be inconsistent with the goals and policies of the community management plan. (Code 2003, § 78-1591; Ord. No. 243(3rd series), § 3, 4-13-2020) (a) Unless approved as part of a project in which a permit has been issued, a separate land alteration permit shall be required for the following: CD6:258 N CD L0 LAND USE § 6.12.7930 Activity Activity in the shoreland overlay All other areas, lots Lake yard or shore district, but outside All other areas, lots greater than 5 acres in Location setback zone the lake yard that are 5 acres or less size Grading 0-10 cubic yards, or 50-2,500 cubic yards, 50-2,500 cubic yards, 50-5,000 cubic yards, 0-1,000 sf of area or 5,000-10,000 sf of or 5,000-10,000 sf of or 5,000-20,000 sf of area area area Import/export Between 10 cy and up Between 50 and 500 Between 50 and 2,500 Between 50 and 5,000 to 500 cy cy cy cy Stockpiling Up to 90 days Up to 180 days Up to 180 days Up to 180 days (b) Within shoreland overlay district. All grading and filling activity as a part of approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the standards for issuance of this article. (Code 2003, § 78-1592; Ord. No. 243(3rd series), § 3, 4-13-2020) Sec. 6.12.7930. Standards for issuance. state department of natural resources, or the United States Army Corps of (a) In addition to the rules, process, and Engineers. procedures outlined with chapter 6.16, permits are issued based on the applicant's ability to (2) Alteration activities shall be in accordance meet and adhere to the following standards: with section 6.16.090, including, but not (1) Grading or filling in any Type 1, 2, 3, 4, limited to: 5, 6, 7 or 8 wetland must be evaluated to a. Alterations must be designed and determine how extensively the proposed conducted in a manner that ensures activity would affect the following only the smallest amount of bare functional qualities of the wetland: ground is exposed for the shortest a. Sediment and pollutant trapping time possible. and retention; b. Mulches or similar materials must b. Storage of surface runoff to prevent be used, where necessary, for or reduce flood damage; temporary bare soil coverage, and a permanent vegetation cover must C. Fish and wildlife habitat; be established as soon as possible. d. Recreational use; C. Methods to minimize soil erosion e. Shoreline or bank stabilization; and and to trap sediments before they reach any surface water feature must f. Noteworthiness, including special be used. qualities, such as historic significance, critical habitat for d. Altered areas must be stabilized to endangered plants and animals, or acceptable erosion control standards others. consistent with the field office techni- cal guides of the local soil and water This evaluation must also include a conservation districts and the United determination of whether the wetland States Natural Resources Conserva- alteration being proposed requires tion Service. permits, reviews or approvals by other sections of city ordinances or by other (3) Fill or excavated material must not be local, state or federal agencies, including, placed in a manner that creates an but not limited to, watershed districts, unstable slope. CD6:259 M LO § 6.12.7930 (4) (5) (6) (7) (8) ORONO CODE Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer for continued slope stabil- ity and shall not create finished slopes of 30 percent or greater. Fill or excavated material shall not be placed in bluff impact zone, unless approved by the city engineer as part of a slope stabilization project. Any alterations below the ordinary high- water level of public waters must first be authorized by the commissioner of the department of natural resources under Minn. Stats. § 103G.245. Alterations of topography may only be permitted if they do not adversely affect adjacent or nearby property. Any permit involving the import or export of material, the proposed haul route shall maximize use of county and state roads and be approved by the city engineer. In addition, the city engineer shall review the proposed haul route and document the condition of the city streets prior to import/export activity. The city may require an escrow deposit to guarantee repair of city streets damaged by the hauling activity. (b) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, are prohibited above the ordinary high-water level. Such excavations below the elevation or the ordinary high-water level are subject to approval of the department of natural resources and other agencies with concur- rent jurisdiction. (c) Additional requirements for grading and land alterations may apply to projects within floodplain management areas under article VIII of this chapter. (Code 2003, § 78-1593; Ord. No. 243(3rd series), § 3, 4-13-2020) Sec. 6.12.7940. Interim use permit require- ments. Interim use permits may be required for certain grading and land alterations projects outlined in city Code article XIV, division 1 of this chapter. (Code 2003, § 78-1594; Ord. No. 243(3rd series), § 3, 4-13-2020) ARTICLE XI. WETLANDS PROTECTION Division 1. Generally Sec. 6.12.8010. Purpose and intent. (a) The purpose of this section is to recognize, preserve and protect the environmental, aesthetic and hydrologic functions of the city's wetlands by regulating the use of wetlands and their adjacent properties in conjunction with the goals of the environmental protection plan within the com- munity management plan. These functions include, but are not limited to, sediment control, pollution control, filtration, fish and wildlife habitat and aquifer recharge. The surface water management plan will provide guidance for storm - water treatment requirements and wetland restoration opportunities in order to protect the integrity of wetlands. (b) The intent of this section is to protect wetlands to the maximum extent possible while allowing a reasonable use of the property. This section adopts the regulations and standards of the Wetland Conservation Act of 1991 (WCA), Laws of Minnesota 1991, chapter 354, as amended, and the rules adopted pursuant to the WCA. It also establishes a wetland overlay district. This overlay district further regulates the underlying land use as allowed by other districts or the WCA. (Code 2003, § 78-1601; Ord. No. 28(3rd series), § 1, 8-22-2005; Ord. No. 94(3rd series), § 8, 9-24-2012; Ord. No. 103(3rd series), § 1, 5-28- 2013) Division 2. Designation of Protected Wetlands Sec. 6.12.8110. Wetland types. The wetlands protected and regulated by this section are Types 1, 2, 3, 4, 5, 6, 7, and 8 CD6:260 le CD L0 LAND USE wetlands, as defined in circular 39, Wetlands of the United States, 1971 edition, United States Department of the Interior, unless the wetland is within a shoreland district in which case the more restrictive rules regarding setbacks would apply. Protected wetlands are further defined as follows: (1) Type 1—Seasonally flooded basins or floodplains: Type 1 wetlands are season- ally flooded basins or flats in which soil is covered with water or is waterlogged during variable seasonal periods but usu- ally is well -drained during much of the growing season. Type 1 wetlands are located in depressions and in overflow bottom lands along water courses. Vegeta- tion varies greatly according to the season and duration of the flooding, and includes bottom land hardwoods, as well as herbaceous plants. (2) Type 2—Inland fresh meadow: Occurs along the shallow edges of lakes, marshes and floodplains, or in perched depres- sions. The soil is usually without stand- ing water during much of the growing season, but is waterlogged within at least a few inches of the surface. Vegetation includes grasses, sedges, rushes and vari- ous herbaceous plants. (3) Type 3—Inland shallow fresh marsh: Soil is usually water logged during the grow- ing season, often covered with as much as six inches or more of water. Vegetation includes grasses, bulrushes, cattails, arrowheads, smartweeds and other emergent aquatic vegetation. (4) Type 4—Inland deep fresh marsh: Soil covered with six inches to three feet or more of water during growing season. Vegetation includes cattails, reeds, bulrushes and wild rice. Open water areas may contain pondweeds, naiads, coontail, watermilfoils and other submer- gent aquatic vegetation. (5) Type 5—Inland open fresh water: Water is usually less than ten feet deep and is fringed by a border of emergent vegeta- § 6.12.8120 Lion. Vegetation includes pondweeds, naiads, coontail, watermilfoils and other submergent aquatic vegetation. (6) Type 6—Shrub swamp: Occurs along slug- gish streams or on floodplains. The soil is usually waterlogged during the growing season, and is often covered with as much as six inches of water. Vegetation includes alder, willow and dogwood. (7) Type 7—Wooded swamp: Occurs along sluggish streams, on floodplains, on flat perched depressions and in shallow lake basins. The soil is waterlogged to within a few inches of its surface during the growing season and is often covered with as much as one foot of water. Vegetation typical to this wetland includes tamarack, white cedar, black spruce, balsam fir, red maple and black ash. (8) Type 8—Bog: Occurs along sluggish streams, on flat perched depressions and shallow lake basins. The soil is waterlogged and supports a spongy cover- ing of mosses. Vegetation typical to this wetland type includes sphagnum moss, heath shrubs and sedges. State bogs contain leatherleaf, Labrador tea, cranber- ries and pitcher plants. Scattered stunted black spruce and tamarack also are common features of bogs. (Code 2003, § 78-1602; Ord. No. 28(3rd series), § 1, 8-22-2005) Sec. 6.12.8120. Boundaries of the wetland overlay districts and designation of official city wetland map. This section establishes wetland overlay districts. These districts are subject to additional requirements beyond those required by the WCA. The boundaries of the wetland overlay districts are identified graphically on the official city wetland map (CWM) which is hereby adopted by reference, a copy of which shall be kept on file in the office of the city clerk and shall be available for public review during all normal office hours. Wetlands in addition to those shown on the city wetland map may exist, and may be identified by CD6:261 § 6.12.8120 IXX wetland delineations under WCA rules. If a specific wetland delineation has been done under WCA rules, then the boundaries of the wetland overlay district for that location will be as shown in the delineation. The city may require wetland delineations to determine compliance with WCA rules and to determine administrative wetland boundaries; however, property owners may have wetland delineations done for their properties on their own initiative. The delineation must be done by a qualified professional according to WCA rules and be acceptable to the city administrator, who may require review by city consultants or a technical evaluation panel if necessary. Approved WCA wetland delineations must be provided to the city in a hard copy format and a CAD or GIS format in county coordinates. The city administrator will have the approved WCA wetland delineations shown on the official city wetland map. Public waters are not included in the overlay district, unless a wetland is part of a public water. (Code 2003, § 78-1603; Ord. No. 28(3rd series), § 1, 8-22-2005; Ord. No. 196(3rd series), § 1, 5-22-2017) Sec. 6.12.8130. Interpretation of wetlands boundaries. Whenever a wetland boundary is disputed or uncertain, the city administrator may require the submission of a registered survey of the property and field staking showing the city - designated wetland contour or a delineation of the wetland, and such other information as the director may require in order to resolve the dispute or uncertainty. The city administrator may require review by city consultants or a technical evaluation panel if necessary. No bound- ary change may be authorized on the basis of fill that was placed on the site after the city designated the area as part of the wetland overlay district. Persons aggrieved by a decision of the city administrator may appeal such deci- sion in accordance with the provisions of section 6.12.440 and the WCA rules. (1) Delineation types. A Tier 1 boundary determination is a review of known information to determine an understood boundary, and may be used when the proposed project is located on a lot where a wetland is believed to exist, but the project is not likely to impact the wetland due to project scope, distance, and/or topography. Known information may include aerial photography, third -party studies, and/or site visits. A Tier 1 boundary determination is not a delineation. b. A Tier 2 delineation is a delineation is conducted by a certified wetland delineator and verified by the local government unit. Tier 2 delineation information shall be provided on a certified certificate of survey. (2) Delineation required. The type of delinea- tion shall be determined by the city administrator or their designee. a. Tier 1 boundary determinations may be required for accessory structures, accessory buildings, and other projects primarily outside the wetland or wetland buffer area. b. Tier 2 delineations shall be required for projects that include a new residential principal structure, a project that impacts the wetland, a subdivision, or a project that otherwise is regulated by the water - body crossings and structures rule or stormwater management rule of the Minnehaha Creek Watershed District, unless waived by the watershed district. A Tier 2 delinea- tion may also be required for a project proposed at or within five feet of the buffer/setback line. C. A Tier 1 boundary determination may be substituted for the Tier 2 delineation when the applicant can demonstrate the wetland boundary location to the satisfaction of the city and the watershed district, due to topography, distance of the project to the wetland, site specific features, and known information. (Code 2003, § 78-1604; Ord. No. 28(3rd series), § 1, 8-22-2005; Ord. No. 196(3rd series), § 2, 5-22-2017) CD6:262 LAND USE Division 3. Buffer Areas Sec. 6.12.8210. Wetland buffer areas and setbacks. (a) This section establishes authority for wetland buffer areas around protected wetlands. Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. (b) All wetlands within the city are within the Minnehaha Creek Watershed District (MCWD), which has rules and regulations for the establish- ment and maintenance of wetland buffers. In an effort to avoid overlapping or conflicting regula- tions, the city defers jurisdiction for the establish- ment and maintenance of wetland buffers to the Minnehaha Creek Watershed District. If applica- tion of MCWD buffer regulations is in conflict with city regulations, the watershed district requirements shall apply. (c) Setbacks. Where the MCWD has established or requires a wetland buffer, the wetland buffer rules shall apply. (1) Where the MCWD does not require a buffer, a 25-foot setback shall be required between the edge of all wetlands from any building (principal or accessory) or other structure, septic systems, or wells. The wetland edge shall be determined as required in section 6.12.8130. (2) Setback revegetation. Areas within the required setback area subject to filling, grading or excavation as part of a construc- tion project shall be revegetated immediately upon completion of such earthwork. (d) The city has established wetland protec- tion strategies in the city's surface water manage- ment plan (SWMP) (January 2011). The protection classification for each wetland will be found on the Wetland Management Classification Map and List, which is hereby adopted by reference, a § 6.12.8320 copy of which shall be kept on file in the office of the city clerk and shall be available for public review during all normal office hours. The Minne- haha Creek Watershed District required buffer area widths are based on the four protection classifications. (Code 2003, § 78-1605; Ord. No. 28(3rd series), § 1, 8-22-2005; Ord. No. 103(3rd series), § 2, 5-28-2013; Ord. No. 196(3rd series), § 3, 5-22- 2017; Ord. No. 205(3rd series), § 1, 4-9-2018) Division 4. Uses Sec. 6.12.8310. Permitted uses. Within the wetland overlay districts no land may be used except for one or more of the following uses: (1) Native wetland vegetation, provided that no change is made to the ground eleva- tion; (2) Wildlife and nature preserves; (3) Overhead utility lines and poles that are less than two feet in diameter; (4) Docks which provide reasonable access to the Lakeshore and do not exceed eight feet in width; (5) Public and private flood control structures, ponding and drainage facilities and associ- ated accessory appurtenances as approved by the city; or (6) Environmental monitoring or control facilities, including those related to water quality and wildlife regulation. (Code 2003, § 78-1606; Ord. No. 28(3rd series), § 1, 8-22-2005; Ord. No. 103(3rd series), § 3, 5-28-2013) Sec. 6.12.8320. Conditional uses. (a) Within the wetland overlay districts no land may be used for the following except by conditional use permit and except in conformance with the standards specified in section 6.12.8410: (1) Private and public recreational uses, including golf courses, impervious trails, picnic grounds and boat ramps; CD6:263 § 6.12.8320 ORONO CODE (2) Public utilities, including necessary b. No structures are allowed in the structures; wetland overlay districts except those (3) Other non-structural facilities similar to allowed as of right or by conditional those permitted by this section which use permit by division 4 of this also meet the intent of this section, as article. determined by the city; or C. Activities including, but not limited (4) Public structures associated with to, building (other than a boardwalk recreational uses permitted by this sec- or dock), paving, mowing, vegeta- tion or by section 6.12.8310 that are tion removal, filling, dumping, yard designed in an environmentally sensitive waste disposal or fertilizer applica- manner and will withstand periodic flood- tion are prohibited. Invasive non- ing, except for structures designed or native vegetation, such as European used for habitation or the storage of buckthorn and noxious weeds, may equipment; be removed by obtaining a vegeta- tion removal permit from the city. (5) Unpaved hiking, skiing and horseback riding trails which comply with WCA d. Before grading or construction near standards. a wetland, the owner or contractor (b) No conditional use permit will be granted must place erosion control fencing unless its approval will not adversely impact on the upland side of the perimeter wetlands, wetland buffer areas where they exist of the wetland, or as required by the or are required, and surrounding properties, the city. This fencing must remain in intent of this article or the goals and policies of place until all development activi- the community management plan. If applicable, ties that may affect the wetland granting of a conditional use permit will be have been finished and adequate conditioned upon approval of the request by all vegetative cover has been established other appropriate regulatory governmental agen- at which time the fencing must be cies, including, but not limited to, the Minne- removed. haha Creek Watershed District (MCWD), the e. All structures must have a minimum Lake Minnetonka Conservation District (LMCD), basement floor elevation not less or the state department of natural resources. than one foot above the 100-year (Code 2003, § 78-1607; Ord. No. 28(3rd series), flood elevation. § 1, 8-22-2005; Ord. No. 103(3rd series), § 4, 5-28-2013) f. All hard -surface runoff must be treated in accordance with the Division 5. Standards for the Wetland Overlay requirements of the city and the District, Buffer Areas and Neighboring Lands appropriate watershed district. Treatment may include site reten- Sec. 6.12.8410. Standards. tion, skimmers, weirs or sedimenta- tion ponds of appropriate scale. The following standards apply to all land Structures and ponds serving this within the wetland overlay districts, existing purpose must be properly maintained and MCWD-required wetland buffer areas, and and serviced by the property owner. to neighboring lands: g. Discharge into the wetlands must (1) Protection of wetlands. occur at a rate no greater than a. Except as modified or regulated by allowed by the city engineer in the standards of this subsection, all accordance with the city's surface requirements of the underlying water management plan and the zoning district apply. appropriate MCWD requirements. CD6:264 00 c0 LO LAND USE (2) Protection of wetland buffer areas. Exist- ing and MCWD-required wetland buffers shall be maintained and protected per the requirements of existing covenants as well as MCWD regulations as administered by MCWD. (3) Nonconformities. a. Effect of wetland boundary expan- sion. An existing structure, driveway or parking area meeting the required setback from a city -designated wetland boundary or existing established buffer area is considered a legal nonconforming development if a later wetland delineation or implementation of a wetland buffer shows that the wetland or its buffer is closer than the required setback. b. Existing nonconformities. An exist- ing structure, driveway or parking area that does not meet the required setback from a city -designated wetland boundary or buffer area, is considered a legal nonconforming development. (Code 2003, § 78-1608; Ord. No. 28(3rd series), § 1, 8-22-2005; Ord. No. 103(3rd series), § 5, 5-28-2013; Ord. No. 196(3rd series), § 4, 5-22- 2017) Sec. 6.12.8420. Removal of lands from the wetlands overlay district. (a) Removal of wetlands from a wetland overlay district (i.e. by filling, etc.) requires a zoning amendment and an amendment of the official city wetland map. The amendments must be made pursuant to the provisions of section 6.12.230 and WCA replacement rules. These amendments must be consistent with the purpose of this article, the city's surface water manage- ment plan and the goals and policies of the community management plan. In determining the appropriateness of a rezoning request, the city council will consider the size of the wetland overlay district, the magnitude of the area proposed for removal, hydrological and ecologi- § 6.12.8430 cal effects and the type and function of wetlands involved in order to provide the maximum feasible protection. (b) Wetlands within an overlay district may only be removed according to WCA rules and if at least an equal area of wetland replacement is created to compensate for the wetland being filled. Unless otherwise approved by the city council, compensatory wetland area must be provided within the city and within the same subwatershed (Painter's Creek, Long Lake Creek, Classen Creek, Lake Minnetonka) as the wetland being altered, if available. (c) In addition to application requirements, the city may require submission and approval of the following information: (1) A copy of the wetland replacement plan application submitted to the MCWD; (2) A concept plan showing the ultimate use of the property; (3) A grading plan, in hard copy format and a CAD or GIS format in the county coordinates, with appropriate drainage calculations and erosion controls prepared by a registered engineer; (4) A landscaping or revegetation plan; (5) Such other information as may be neces- sary or convenient to evaluate the proposed permit; and (6) A MnRAM assessment approved by the MCWD. (Code 2003, § 78-1609; Ord. No. 28(3rd series), § 1, 8-22-2005) Sec. 6.12.8430. Alteration of wetlands. (a) No alteration of land within a wetland overlay district or an existing established wetland buffer is allowed without a wetlands alteration permit, subject to recommendation by the plan- ning commission and approval of the city council. The planning commission must hold a public hearing per section 6.12.280. Activities that constitute an alteration regulated by this section include changes to the size, depth or contour of the wetlands or its existing established buffer, dredging, or alterations of wetlands or buffer CD6:265 co L0 § 6.12.8430 ORONO CODE vegetation. Alterations do not include wetland planting or the selective clearing or pruning of trees or vegetation that are dead, diseased, noxious weeds or similar hazards. A wetland alteration permit is not required when a wetland district is rezoned to another zoning classifica- tion. (b) Alteration of land within a wetland overlay district will only be allowed if water storage is provided in an amount compensatory to that removed. Unless otherwise approved by the city council, compensatory wetland area must be provided within the same subwatershed district as the wetland being altered. In determining the appropriateness of an alteration request, the city council will consider the size of the total wetland district, the magnitude of the area proposed for alteration, the aesthetic, hydrological and ecologi- cal effect, the type and function of wetlands involved, and such other factors as may be appropriate in order to provide the maximum feasible protection to the wetlands. Application for a wetlands alteration permit must be accompanied by such information as required by the city, including: (1) A copy of the wetland replacement plan application submitted to the MCWD; (2) A concept plan showing the ultimate use of the property; (3) A grading plan, in hard copy format and a CAD or GIS format in the county coordinates, with appropriate drainage calculations and erosion controls prepared by a registered engineer; (4) A landscaping or revegetation plan; (5) Such other information as may be neces- sary or convenient to evaluate the proposed permit; and (6) A MnRAM assessment approved by the MCWD. (Code 2003, § 78-1610; Ord. No. 28(3rd series), § 1, 8-22-2005; Ord. No. 103(3rd series), § 6, 5-28-2013; Ord. No. 210(3rd series), § 16, 6-25- 2018) Sec. 6.12.8440. Public control of wetlands. (a) The city council may require that the owner of any property affected by this article must establish wetland easements or restrictive covenants to be recorded within the property's chain of title. These easements or covenants must describe the boundaries of the wetland; and prohibit any building, paving, mowing, cut- ting, filling, dumping, yard waste disposal or fertilizer application within the wetland. The owner or developer must record these easements or covenants with the final plat, with deeds from a lot division or, if no subdivision is involved, before the city issues a grading permit or build- ing permit for an affected property. The applicant must submit evidence that the easement or covenant has been submitted to the county for recording. (b) If the city council does not require an easement or covenant, the city may record a notice of the wetland requirements against the property. The property owner must still comply with the requirements of this section. (Code 2003, § 78-1611; Ord. No. 28(3rd series), § 1, 8-22-2005; Ord. No. 103(3rd series), § 7, 5-28-2013) Sec. 6.12.8450. Violations. Violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of vari- ances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. (Code 2003, § 78-1613; Ord. No. 28(3rd series), § 1, 8-22-2005) Sec. 6.12.8460. Authority/enforcement actions. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include, but are not limited to: (1) In responding to a suspected article viola- tion, the city administrator and the city may utilize the full array of enforcement actions available to it, including, but not CD6:266 0 ti L0 (2) (3) (4) LAND USE limited to, prosecution and fines, injunc- tions, after -the -fact permits, and/or orders for corrective measures to the guilty party. When an article violation is either discovered by or brought to the attention of the city administrator, the city administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reason- ably possible, this information will be submitted to the MCWD along with the community's plan of action to correct the violation to the degree possible. The city administrator shall notify the suspected party of the requirements of this article and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the city administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the city administrator may either: a. Issue an order identifying the cor- rective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or b. Notify the responsible party to apply for an after -the -fact permit/develop- ment approval within a specified period of time not to exceed 30 days. If the responsible party does not appropriately respond to the city administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this article and shall be prosecuted accord- ingly. The city administrator shall also upon the lapse of the specified response § 6.12.8520 period notify the landowner to restore the land to the condition which existed prior to the violation of this article. (Code 2003, § 78-1614; Ord. No. 28(3rd series), § 1, 8-22-2005; Ord. No. 196(3rd series), § 5, 5-22-2017) ARTICLE XII. CONSERVATION DESIGN Division 1. Generally Sec. 6.12.8510. Purpose and intent. The city, as a result of the rural oasis study conducted in 2005, finds that there is an intrinsic link between the natural systems and the valued scenic character that exist throughout the com- munity. The requirements of this conservation design ordinance are meant to preserve and enhance this ecological/aesthetic character by requiring: (1) Protection and enhancement of drainage - ways and water quality; (2) Protection and enhancement of ecologi- cal communities; (3) Reinforcement and establishment of ecological connections throughout the city; (4) Augmentation and preservation of viewsheds including corridor enclosure and buffering; (5) Preservation and improvement of views; and (6) Preservation or reinterpretation of local landmarks. (Code 2003, § 78-1631; Ord. No. 67(3rd series), § 1, 1-11-2010) Sec. 6.12.8520. Applicability. The conservation design master planning requirements of this article apply to all proposed residential subdivisions or multiunit residential developments greater than five acres in total area or guided for urban density (greater than one unit per two acres). (Code 2003, § 78-1632; Ord. No. 67(3rd series), § 1, 1-11-2010) CD6:267 § 6.12.8530 Sec. 6.12.8530. Definitions. ORONO CODE The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City natural resource inventory means an element of the city's community management plan that displays the ecological connections within and beyond the city. Conservation design means a two -phased approach to design and development that maintains or improves ecological assets, provides infrastructure that works with the land, and incorporates people's instinctive desire to experi- ence nature. Some conservation design strate- gies include: identifying and avoiding sensitive natural features, planning roads along contours, allowing lots to border natural open space, integrating ecological stormwater management, using smaller lots, and educating developer and buyers about the ecological values of the landscape. The first phase entails an inventory and analysis of the potential development site's natural features, existing land uses, and wetland delineation. The second phase entails analyzing the design implications of the findings from the initial phase, alternative stormwater design, and a conceptual design for road and lot layouts. Corridor enclosure means the nature, appear- ance and relative degrees of screening provided by roadside vegetation. Corridor enclosure types include: Edged enclosure means a solid wall of vegeta- tion along roadside, views focused along cor- ridor. Open enclosure means long views beyond the right-of-way, no real sense of corridor enclosure. Tunneled enclosure means vegetation begins to completely enclose roadway, above and sides, creating a small scale roadway experience. Varied enclosure means the enclosure changes rapidly along corridor, short stretches of open, edged, and tunneled corridor. Ecological management categories. Level 1 means ecological "off-limits" areas, including wetlands and required buffers, historic drainage. Level 2 means ecological opportunities, including existing degraded drainageways and existing degraded ecosystem remnants. Level 3 means ecological possibilities, areas suitable for stormwater treatment. Note: These Ecological Management Categories are not intended to directly correlate with MLCCS M-34X Natural Community Quality Modifiers. Landmark preservation and enhancement means preserving and maintaining distinct cultural features, landmarks and unique points of local character, both natural and man-made, to maintain a familiar sense of place in the community. Minnesota Land Cover Classification System (MLCCS). The Minnesota Land Cover Classifica- tion System (MLCCS) displays data on natural/ semi -natural and cultural cover types at the highest level of classification. The next four levels of classification each reveal further specifica- tions such as plant types, soil hydrology, hardcover and plant species. Using MLCCS data is the first step in producing a natural resource inventory of a development site. Significant tree stand means a grouping or cluster of coniferous and/or deciduous trees with contiguous crown cover, occupying 500 or more square feet of property, which are comprised of deciduous trees six inches or larger in diameter (dbh) or coniferous trees 12 feet or more in height. Additionally, those forest or woodland remnants identified as high, moderate or good quality in the city's natural resources inventory shall be considered as significant tree stands. View analysis means the process of determin- ing whether a view is positive or negative. Negative views means views of structures, particularly multifamily residential, institutional, and commercial and industrial uses. Views of power lines, telephone poles and other utility infrastructure. 14� N ti L0 LAND USE Positive views means views of natural areas, water bodies, established parks, wetlands, rural and historic land uses. (Code 2003, § 78-1633; Ord. No. 67(3rd series), § 1, 1-11-2010; Ord. No. 94(3rd series), § 9, 9-24-2012) Division 2. Basic Application and Plan Requirements Sec. 6.12.8610. Application requirements and procedures. The developer shall follow the steps outlined below as part of the development review process: (1) Review and respond to the goals and policies for environmental protection and natural resource management as established in the city's community management plan and the recommenda- tions contained within the city's natural resources inventory. The intent is to establish the property's ecological connec- tions both within the city and as part of the regional ecological system. (2) If the property exists adjacent to a documented corridor in the rural oasis study, review and respond to the existing aesthetic and ecological analysis. (3) If the property is not adjacent to a documented corridor in the rural oasis study, developer shall have a qualified consultant prepare a similar analysis and submit it to the city for review. This analysis shall include the documentation of views, corridor enclosure, and landmarks through a plan analysis and photographs. Developer shall be charged a standard fee established in the city fee schedule to cover the expenses of the city in hiring a consultant to review the ecological site analysis submitted by the developer. (4) Additionally, submit a natural resources inventory of the site, including all of the following elements: a. Review of the MLCCS data pertinent to the site. § 6.12.8620 b. Tree survey, including all significant individual trees greater than six feet diameter, and stands of trees, identifying tree species and size. C. Wetland inventory, including delinea- tion reports. d. Topographic survey indicating exist- ing drainage patterns. e. Analysis of the site based on the findings and recommendations of the city's natural resources inven- tory with regards to: 1. Conceptual greenways and open space corridors; 2. Existence of rare plant com- munities; 3. Potential need for proactive management and protection. (Code 2003, § 78-1634; Ord. No. 67(3rd series), § 1, 1-11-2010) Sec. 6.12.8620. Basic conservation design master plan requirements and evaluation criteria. (a) The developer shall prepare a conserva- tion design master plan for development of the property, consisting of written and visual documentation including maps in an acceptable electronic format, addressing the following topics: (1) Consideration of the existing drainage system; (2) Establishment of a stormwater manage- ment system, using multicell treatment principles, and defining proposed methods of stormwater phosphorus reduction; (3) Removal of invasive species and diseased trees; (4) Protection of significant tree stands and woodlands that support scenic and/or ecological goals, including mitigation of any such stands to be impacted by develop- ment activities; (5) Protection of existing wetlands, includ- ing augmentation of buffers, mitigation of impacts, and enhancement of degraded systems; �-! M ti L0 § 6.12.8620 ORONO CODE (6) Justification and mitigation of any nega- tive impact to ecological communities. The term "negative impact" includes any modification to a lower level of ecological community quality, as described by the Minnesota Land Cover Classification System (M-34X modifiers); (7) Maintenance of ecological connections through site design, as shown on the city's natural resource inventory; (8) Maintenance and protection of existing positive views, and mitigation of any existing or proposed negative views using appropriate measures such as site layout, screening, building design and coloration, etc.; and (9) Preservation or reinterpretation of exist- ing landmarks. (b) The planning commission and city council shall evaluate the conservation design master plan to determine whether the proposed develop- ment: (1) Preserves existing drainage patterns and enhances stormwater collection and conveyance by applying an ecologically - based multicell stormwater management system that improves ecosystems by reducing reliance on manmade infrastructure, reducing downstream runoff of contaminants, and enhancing ecological connections; (2) Includes a program for the removal of invasive species and diseased trees; protects significant tree stands and woodlands that support scenic and/or ecological goals; and includes mitigation of any such stands that will be impacted by development activities; (3) Protects existing wetlands by implement- ing new buffers or augmenting existing buffers; mitigates identified wetland impacts; and enhances degraded wetland systems; (4) Results in no negative impact to ecologi- cal communities of Ecological Manage- ment Categories 1 and 2; results in no negative modification of any ecological communities as described by the Min- nesota Land Cover Classification System; and establishes, maintains and improves native ecological communities including natural and semi -natural areas to provide wildlife habitat and support natural ecological functions (i.e. drainage, filter- ing, buffering, etc.); (5) Establishes or maintains ecological con- nections through site design, as shown on the city's natural resource inventory that will enhance stormwater collection and conveyance, promote ecological and wildlife corridors, and provide recreational opportunities for residents; (6) Preserves and where appropriate aug- ments or improves roadway corridor enclosure to promote community aesthet- ics associated with the city's rural character; preserves open rural views and other aesthetic elements of the landscape; and mitigates the negative visual impacts of development; (7) Preserves, maintains, or reinterprets exist- ing landmarks and unique points of local character, and preserves distinct cultural features that will maintain a familiar sense of place in the community. (Code 2003, § 78-1635; Ord. No. 67(3rd series), § 1, 1-11-2010) Division 3. Density Bonus Standards Sec. 6.12.8710. Density bonuses for urban density development. For residential development in the city's defined urban area (zoning districts allowing densities in excess of one unit per two acres, and including properties identified in the city's community management plan for conversion to urban density) within the ranges of the guided density a density bonus may be allowed if the city council finds that the performance bonus requirements of this division have been met. The city council shall determine the extent of density bonus awarded for such properties. Example: Properties guided in the community management plan for a density range of two to four units per acre have a base CD6:270 ti V) LAND USE density of two units per acre; while the high end of the density range is not guaranteed, the city council at its discretion may allow development at a final density of up to four units per acre through the performance bonus process. (Code 2003, § 78-1636; Ord. No. 67(3rd series), § 1, 1-11-2010) Sec. 6.12.8720. Performance bonus requirements. Within the urban density area, developers have the opportunity to increase the base density by going above and beyond the basic conserva- tion design master plan requirement. By implementing a combination of development enhancements that not only preserve but improve the natural characteristics of the property or preserve and enhance existing landmarks, the developer shall become eligible for a density bonus. The extent of such density bonus shall be determined by the city council. Development enhancements include, but are not necessarily limited to, the following: (1) Reforestation beyond existing woodland limits; (2) Water quality improvements; (3) Improvements in ecological grade of exist- ing communities; (4) Upgrading of edge buffering to maximum, or tunneled, character; and (5) Major preservation or enhancement of existing landmarks. (Code 2003, § 78-1637; Ord. No. 67(3rd series), § 1, 1-11-2010) Division 4. Long -Term Preservation Sec. 6.12.8810. Preservation requirements. The developer shall establish and implement measures that will ensure the preservation and maintenance of those elements of the develop- ment that are determined to require long-term or permanent protection from development or misuse. Such measures may include, but are not limited to, conservation easements, deed restric- tions, private covenants, transfer of ownership to § 6.12.9010 agencies such as the Minnesota Land Trust or the Nature Conservancy, or to the city via dedica- tion, etc. (Code 2003, § 78-1638; Ord. No. 67(3rd series), § 1, 1-11-2010) Sec. 6.12.8820. Buyer education. The developer shall establish covenants documenting the elements of the development to be protected and how they are to be protected, and shall establish a defined program for educa- tion of the initial purchasers of lots within the development as to the limitations that affect future use of the property. (Code 2003, § 78-1639; Ord. No. 67(3rd series), § 1, 1-11-2010) Division 5. Resources Sec. 6.12.8910. Facilitating conservation design. The primary references for facilitating the conservation design process include the follow- ing: (1) Orono Rural Oasis Study (DSU, 2005). (2) 2008-2030 City of Orono Community Management Plan, Chapter 3A—Environmental Protection Plan (City of Orono, 2009). (3) Orono Natural Resources Inventory (Hennepin County Department of Environmental Services/Bonestroo Natural Resources Group, 2006). (4) Minnesota Land Cover Classification System (MLCCS). (Code 2003, § 78-1640; Ord. No. 67(3rd series), § 1, 1-11-2010) ARTICLE XIII. STORMWATER QUALITY OVERLAY DISTRICT Division 1. Generally Sec. 6.12.9010. Purpose. The city recognizes through its comprehensive plan that managing stormwater runoff is essential CD6:271 L0 ti § 6.12.9010 ORONO CODE for protection of the water quality of Lake Min- netonka, for preservation of the natural wildlife habitat within marshlands, and for protection against flooding and flood damage. Accordingly, the city has established this stormwater quality overlay district to organize regulations deemed necessary to ensure high quality stormwater runoff throughout the city. (Code 2003, § 78-1670; Ord. No. 94(3rd series), § 11, 9-24-2012) Sec. 6.12.9020. Adoption of the stormwa- ter quality overlay district map. The map entitled City of Orono Stormwater Quality Overlay District Map, dated September 24, 2012, hereinafter referred to as the "storm - water overlay district map," and all explanatory matters thereon, are hereby adopted and made a part of this article. (Code 2003, § 78-1671; Ord. No. 94(3rd series), § 11, 9-24-2012) Sec. 6.12.9030. District application. (a) The provisions of this article shall apply to all parcels within the jurisdiction of the city that are shown to be within one of the stormwater quality protection zones depicted on the storm - water overlay district map. (b) All parcels within the stormwater quality overlay district shall adhere to both the general requirements for all overlay district parcels listed in division 2 of this article as well as the specific requirements in division 3 of this article for the stormwater quality protection zone to which the parcel is assigned. (Code 2003, § 78-1672; Ord. No. 94(3rd series), § 11, 9-24-2012) Division 2. General Regulations for All Parcels Within the Stormwater Quality Overlay District Sec. 6.12.9110. Hardcover restriction zones. Within 75 feet of the ordinary high-water level (OHWL) of any lake or tributary, and within any bluff or shore impact zone, no hardcover shall be placed, located or constructed, except for driveways, stairways, lifts, landings and lock - boxes as regulated by the shoreland overlay district. (Code 2003, § 78-1680; Ord. No. 94(3rd series), § 11, 9-24-2012) Sec. 6.12.9120. Driveways generally. (a) All driveways shall comply with the follow- ing minimum dimensional standards: (1) Driveways serving end loading garages shall maintain a width equivalent to the width of all overhead doors extending 15 feet out from the garage doors. (2) Driveways serving side loading garages shall provide a minimum turn around or back up depth of 20 feet, as measured from the garage door. (3) Minimum driveway taper ratio shall be 2:1. (4) Driveways shall be at least eight feet in width at the street or private road. (5) A turnaround shall be provided for a driveway with direct access to an arterial or collector roadway, or for a side load garage as determined necessary by the city planner. The minimum dimensions of the turnaround shall be eight feet in width by 12 feet in depth. (6) "Wheel strip" driveways are allowed, but the entire width of the driveway (from outside to outside of the strips) will be considered hardcover. CD6:272 I 19 LAND USE (b) Drawing I is included for illustrative purposes. Drawing 1: Minimum Driveway Standards Backup Apion (If Requircd) 7777—- 7777-7- VxB'Minlnium Garage bo Site Load E ALxon Depth 20' Min. End Load 4' W� (Min) Mir4nwm Width of 6 Garage Door 9 i ex �7 Minimum Taper 5 "�um Tal = Driveway Width 21 2 E mininvito (20' Maximum) Driveway With d 8' Minimum s' Rad. (20' Maximum) W ft.- Edge of Pight-Of-Way (Lot Line) § 6.12.9130 (Code 2003, § 78-1681; Ord. No. 94(3rd series), § 11, 9-24-2012) Sec. 6.12.9130. Shared driveways. Where one or more properties (referred to as secondary property) gain its driveway access from an adjacent property (a primary property) by virtue of a driveway easement, the following shall apply: (1) The portion of the shared driveway on the primary property that serves both primary and secondary property shall be considered hardcover for the primary property. (2) That portion of the driveway on the primary property that serves only secondary property shall not be considered hardcover for either primary or secondary property. CD6:273 § 6.12.9130 ORONO CODE Drawing 2 is included for illustrative purposes. Drawing 2: Driveway Easements - - - - - - - - - - - - - - - - - - T - - - - - - - - - - - - - - - - - - r rz J Encroached Property Property ------------------ - - - - - - - - - - - - - — — PHuse 4 I HOUV Garaq, Ericroached I Beiiefittpcl Property Property I I/ I L----------------- 11 - - - - - - - - - - - - - - - - - - J FxdudaNe afea - not caves In ai ea no hardcover of "ic cached V,. Also not Ad�d to the hadcov*fL CaJCUabVJ5 for the b�'�'httvty. (Code 2003, § 78-1682; Ord. No. 94(3rd series), § 11, 9-24-2012) Sec. 6.12.9140. Standard hardcover inclu- sions. The following hardcover items shall be included in proposed hardcover calculations regardless of whether the noted features are proposed to be constructed at the time of a building permit application: (1) Proof of a two -car garage (detached or attached); (2) A driveway for all garages, a minimum of 12 feet in width, subject to the standards in section 6.12.9120; (3) A 24-inch wide sidewalk connecting the front door to the driveway; (4) The minimum stairway or landing at all exterior doors as required by the build- ing code; and CD6:274 LAND USE § 6.12.9160 (5) Existing hardcover which encroaches Sec. 6.12.9160. Massing standards. (legally or illegally) onto an adjacent parcel. (a) Non -industrial zoning districts. Except for parcels zoned industrial, all lots in the stormwa- a. In such cases of encroachment, the ter quality overlay district that have a gross square footage of all encroaching acreage of less than two acres shall comply with hardcover shall be added to the the following massing standards for structures: overall hardcover on the subject lot; (1) Maximum total footprints allowed. b. No credit shall be given towards the overall lot size of the subject lot. (Code 2003, § 78-1683; Ord. No. 94(3rd series), § 11, 9-24-2012) Sec. 6.12.9150. Standard hardcover exclu- sions. Landscaping with permeable lining shall not be considered hardcover. Additionally, the follow- ing hardcover items shall be excluded from hardcover calculations: (1) Roads, trails, sidewalks, utilities and other hardcover encroachments intended for the public's benefit; (2) Hardcover encroachments created by improvements on adjacent property not owned by the subject landowner; a. In such cases of encroachment, the square footage of all encroaching hardcover shall not be added to the overall hardcover counting against the subject lot; b. The land area upon which the encroachment rests shall count towards the overall lot area for the subject lot. (3) Retaining walls; (4) Handicapped ramps with a pervious surface below; and (5) The first 100 square feet of pervious paver patios/walkways or the first 100 square feet of deck with a minimum one -fourth -inch spacing between boards and a pervious surface below the deck- ing. (Code 2003, § 78-1684; Ord. No. 94(3rd series), § 11, 9-24-2012) a. On lots equal to or greater than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 20 percent of the gross lot area. b. On lots of less than 10,000 square feet in area, the total combined footprints of all principal and acces- sory structures shall not exceed 2,000 square feet. (2) Calculation of massing. The following shall be included in the calculation of the total combined footprints by structures: All roofed structures where the highest point of the roof is more than six feet above existing ground level. (b) Industrial zoning district. For parcels zoned industrial, the following massing standards for structures shall apply. (1) On lots equal to or less than three acres in area, the total combined footprints of all principal and accessory structures shall not exceed 35 percent of the gross lot area. (2) On lots greater than three acres in area, the total combined footprints of all principal and accessory structures shall not exceed 45 percent of the gross lot area; except that when the total building floor area on a site is contained within a single building, and when the total area used for loading terminals, docks and berths is completely enclosed within the same single building, a lot coverage of not more than 60 percent of the gross lot area will be permitted. (Code 2003, § 78-1685; Ord. No. 94(3rd series), § 11, 9-24-2012; Ord. No. 170(3rd series), § 5, 6-13-2016; Ord. No. 187(3rd series), § 2, 3-13- 2017) CD6:275 § 6.12.9170 Sec. 6.12.9170. Variances. ORONO CODE Variances to hardcover, if granted on lots within the stormwater quality overlay district, may be subject to mitigation measures deemed appropriate by the city council to offset the impacts generated by the proposed additional hardcover. (Code 2003, § 78-1686; Ord. No. 94(3rd series), § 11, 9-24-2012) Division 3. Regulations Based on Assigned Protection Tier and Underlying Zoning Sec. 6.12.9210. Specific tier regulations. Per the official stormwater quality overlay district map, each property in the stormwater quality protection overlay district is assigned to a protection tier based on its relative distance to receiving waters. This protection tier dictates the specific protection measures that must be implemented. (1) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. (2) Tier 2 parcels. Hardcover shall not exceed 30 percent of the gross lot area. (3) Tier 3 parcels. Hardcover shall not exceed 35 percent of the gross lot area. (4) Tier 4 parcels. Hardcover shall not exceed 50 percent of the gross lot area. b. All parcels that do not abut a protected lakeshore or stream shall be examined under the criteria in subsection (2) of this section. (2) Determine the location of the primary building area on the parcel being examined. The primary building area shall be identified by the location of an existing primary structure (if applicable), or by considering required setbacks and/or the average location of structures on adjacent lots. a. If the primary building area is wholly within 250 feet of a protected Lake- shore or stream, the parcel shall be placed into Protection Tier 1. b. If the primary building area is wholly not within 250 feet of a protected lakeshore or stream, the parcel shall continue to be examined under the criteria in subsection (3) of this section. C. If the primary building area is divided by the 250-foot delineation line, the following assessment shall guide the designation: 1. If an adjacent parcel abutting by a side lot line is already assigned to Protection Tier 1, the parcel shall be placed into Protection Tier 1. (5) Tier 5 parcels. Hardcover shall not exceed 85 percent of the gross lot area. 2. If all adjacent parcels abutting (Code 2003, § 78-1700; Ord. No. 94(3rd series), as side lot line have not been § 11, 9-24-2012) assigned to a protection tier, the parcel shall continue to be Sec. 6.12.9220. Tier assignment methodol- examined under the criteria in subsection (3) of this section. ogy (a) The inclusion of parcels into the stormwa- ter quality overlay district is based on the follow- ing methodology. (1) Examine each parcel and determine whether or not it abuts a protected Lake- shore or stream. a. All parcels that abut a protected Lakeshore or stream shall be placed into Protection Tier 1. (3) Using the location of the primary build- ing area as identified in subsection (2) of this section, determine the distance between the primary building area and the nearest protected lake or stream. Distances shall be measured from the required setback nearest the protected water body to the OHWL. a. If any portion of the primary build- ing area is at a distance of 300 feet CD6:276 CD ao L0 LAND USE or less from a protected stream or is at all touching the landward extent of floodplain from a stream, the parcel shall be placed into Protec- tion Tier 2. b. If any portion of the primary build- ing area is at a distance between 250 feet and 500 feet from a protected lakeshore, the parcel shall be placed into Protection Tier 2. C. If the primary building area is at a distance greater than 500 feet and up to 1,000 feet from a protected lakeshore, the parcel shall be placed into Protection Tier 3. d. If the primary building area is beyond a distance of 1,000 feet from a protected lakeshore or stream, the parcel shall continue to be examined under the criteria in subsection (4) of this section. (4) Determine the zoning of the subject parcel. a. If the property is zoned residential planned unit development (RPUD), the parcel shall be placed into Protec- tion Tier 4. b. If the property is zoned I Industrial, the parcel shall be placed into Protec- tion Tier 5. C. If the parcel being examined has not yet been assigned to a protec- tion zone, the parcel shall continue to be examined under the criteria in subsection (5) of this section. (5) Determine whether the unassigned parcel (or group of unassigned parcels) is within a gap. A gap is an area of 20 acres or less that is largely surrounded by parcels assigned to protection tiers. Roadways, if present, will be used as a dividing line when identifying gap areas. a. Beginning with parcels on an individual basis, if more than half of the border of a parcel is regulated via one of the protection tiers, the § 6.12.9410 parcel shall be placed into the tier which abuts the parcel by the great- est percentage. b. Unassigned parcel groupings of 20 acres or less that have more than half of the group's overall border regulated via one of the protection tiers shall be placed into the tier which abuts the group area by the greatest percentage. C. Parcels still unassigned to a protec- tion tier following review under subsection (a)(5)b of this section shall be exempt from stormwater quality overlay district regulations. (b) As new parcels are created within the city as a result of subdivision, each new parcel shall be examined under this methodology to determine whether it belongs within a protection tier as part of the overlay district, or be exempt from the regulations of this article. (Code 2003, § 78-1701; Ord. No. 94(3rd series), § 11, 9-24-2012) ARTICLE XIV. INTERIM USES Division 1. Generally (Reserved) Division 2. Land Alterations Sec. 6.12.9410. Purpose and intent. The purpose of this division is to promote the health, safety, and welfare of the community and to establish reasonable uniform limitations, standards, and controls for land alterations, excavating, filling and grading within the city. The regulations will allow the city to better manage stormwater discharge, ensuring drain- age does not negatively impact neighboring proper- ties, manage hauling traffic and noise, and prevent erosion issues onto adjacent properties, wetlands, lakes, and roads. (Code 2003, § 78-1725; Ord. No. 219(3rd series), § 6, 12-10-2018) CD6:277 T 00 W) § 6.12.9420 Sec. 6.12.9420. Interim use permit required. ORONO CODE (a) An application for an interim use permit shall be accompanied by a certified site plan showing the location of the proposed excavation or storage and shall state the amount of material which is to be removed, excavated or stored, placed, or graded, and such other information as the council may require. 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. (b) Except where otherwise provided in the article, it is unlawful for any person to perform or have performed the following land alteration activities without an interim use permit issued by the council: (1) Mining. The commercial extraction of sand, gravel or other material from the land and their removal from the site without processing shall be mining. In all districts, the conduct of mining shall be permitted only upon issuance of a interim use permit. Such permit shall include, as a condition, a plan for a finished grade which will not adversely affect the surrounding land or develop- ment of the site on which the mining is being conducted, and the route of trucks moving to and from the sites. A bond will be required for restoration. (2) Soil processing. The operation of process- ing of sand, gravel or other material mined from the land shall be permitted only by interim use permit. Such permit shall include a site plan where the process- ing is to be done, showing the location of the plant, disposal of water, route of trucks moving to and from the site in removing processed material from the site, the condition in which the site is intended to be left upon completion, hour of operation; and such permit shall not be granted for a period of longer than 12 months. (3) Creation of an engineered grade for the basis of building height determination outside of a subdivision. (4) Unless included as part of a permitted project or as exempted below, the following activities require a separate interim use permit: Activity Activity in the shoreland overlay Lake yard or shore district, but outside All other areas, lots 5 All other areas, lots Location setback zone the lake yard acres or less greater than 5 acres Grading More than 10 cy, or More than 2,500 cy, More than 2,500 cy, More than 5,000 cy, more than 1,000 sf of or more than 10,000 or more than 10,000 or more than 20,000 disturbed area sf of area sf of area sf of area Import/export More than 500 cy 1 More than 500 cy More than 2,500 cy More than 5,000 cy Stockpiling Stockpiling more Stockpiling more Stockpiling more Stockpiling more I than 90 days than 180 days than 180 days than 180 days (5) Conducting grading or land alterations which result in changes in elevations within five feet of adjacent properties, unless part of a building project. (6) Emergency repair exception. Slope failures have a direct impact on the health and welfare of city residents, and timely response to such events is important to the protection of natural resources and private property. Therefore, the city engineer may declare grading and/or export/import activities in the Lake yard exceeding the limits above as emergency repair and forward such application to the city council for immedi- ate review. Emergency repair shall be defined for the purposes of this article as the activities necessary to stabilize a CD6:278 ri LAND USE failing slope, or prevent the imminent failure of a slope, in the opinion of the city engineer. (Code 2003, § 78-1726; Ord. No. 219(3rd series), § 6, 12-10-2018; Ord. No. 243(3rd series), § 4, 4-13-2020) Division 3. Permit Sec. 6.12.9510. Definition, purpose and intent. (a) Interim use defined. An interim use is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. (b) Purpose and intent. Because of their unusual characteristics, interim uses require consideration so that they may be located and regulated properly with respect to the objectives of this chapter and the comprehensive plan, and with respect to their impacts on surrounding properties. In order to achieve these purposes, the city council is empowered to grant and to deny applications for interim use permits and to impose reasonable conditions upon the granting of these permits. Additionally, the intent of allowing interim uses is: (1) To allow a use for a brief period of time until a permanent location is obtained or while the .permanent location is under construction. (2) To allow a use that is presently judged acceptable by the city council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective zoning district. (3) To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the comprehensive plan provided that said use maintains harmony and compat- ibility with surrounding uses and is in § 6.12.9530 keeping with the architectural character and design standards of existing uses and development. (Code 2003, § 78-1745; Ord. No. 194(3rd series), § 1, 5-8-2017) Sec. 6.12.9520. Application procedure. The information required and the procedures to be followed for all interim use permit applica- tions shall be the same as that required for a conditional use permit as provided for in sections 6.12.4050 through 6.12.4100. In addition, the following information shall be provided: (1) Written documentation that includes a complete description of the use, schedule for commencement and termination of the use, hours and dates of operation and anticipated employment. (2) Any special studies requested by the city when there is evidence that the proposed use may negatively impact public infrastructure, the environment or adjacent land uses. These studies may examine the impacts on such things as traffic, environment, wetlands and utili- ties. (3) Evidence of approval or preliminary approval from all other agencies with jurisdiction over elements of the use. (Code 2003, § 78-1746; Ord. No. 194(3rd series), § 1, 5-8-2017) Sec. 6.12.9530. Standards and conditions. No interim use permit may be granted unless the city council determines that the use will comply with the following: (1) The use will meet the general performance standards in section 6.12.4090; (2) The use is allowed as an interim use in the applicable zoning district; (3) The use will not delay anticipated develop- ment or redevelopment of the site; (4) The use will not be in conflict with any provisions of this Code on an ongoing basis; CD6:279 M 00 LO § 6.12.9530 ORONO CODE (5) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; (6) The use will not impose additional unreasonable costs on the public; (7) The date or event that will terminate the use can be identified with certainty; and (8) The applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a develop- ment agreement between the property owner and the city, which agreement shall be recorded with the county recorder or registrar of deeds. (Code 2003, § 78-1747; Ord. No. 194(3rd series), § 1, 5-8-2017) Sec. 6.12.9540. Effect of permit. (a) An interim use permit is effective only for the location specified in the approval documenta- tion. (b) The issuance of an interim use permit does not confer on the property any vested rights. (c) Interim use permits shall be reviewed as a minimum at least annually by the city council. (d) An interim use permit expires one year after approval if the proposed use has not been commenced or a building permit for a structure to support the interim use has not been issued. (e) An interim use permit expires if the interim use ceases operation for a continuous period of at least one year. (Code 2003, § 78-1748; Ord. No. 194(3rd series), § 1, 5-8-2017) Sec. 6.12.9550. Termination. An interim use permit expires and the interim use shall terminate upon the occurrence of any of the following events: (1) The termination date specified in the interim use permit. (2) Upon violation of conditions under which the permit was issued. (3) Upon change in the city's zoning regula- tions which renders the use nonconform- ing. (4) The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. (Code 2003, § 78-1749; Ord. No. 194(3rd series), § 1, 5-8-2017) CHAPTER 6.16. CONSTRUCTION SITE RUNOFF CONTROL Sec. 6.16.010. Intent. To promote the health, safety and general welfare of the citizens of the city by requiring stormwater management practices for construc- tion activity. (Code 2003, § 79-1; Ord. No. 55(3rd series), § 1, 4-13-2009) Sec. 6.16.020. Statutory authorization. This chapter is adopted pursuant to Minn. Stats. § 462.351. (Code 2003, § 79-2; Ord. No. 55(3rd series), § 1, 4-13-2009) Sec. 6.16.030. Findings. The city hereby finds that uncontrolled land disturbing or development activities at construc- tion sites are subject to soil erosion and other pollutants that enter into receiving water bodies adversely affecting the public health, safety and general welfare by impacting water quality, creat- ing nuisances, impairing other beneficial uses of environmental resources, entering roads and damaging the pavement, and trespassing on private land. (Code 2003, § 79-3; Ord. No. 55(3rd series), § 1, 4-13-2009) Sec. 6.16.040. Purpose. The purpose of these regulations is to promote, preserve and enhance the natural resources ri LAND USE within the city and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating land disturb- ing or development activities that would have an adverse and potentially irreversible impact on water quality and environmentally sensitive land; by minimizing conflicts and encouraging proper installation and maintenance of best manage- ment practices (BMPs) for land disturbing or development activities; and by requiring detailed review standards and procedures for land disturb- ing or development activities proposed for such areas, thereby achieving a balance between development and protection of water quality and natural areas. (Code 2003, § 79-4; Ord. No. 55(3rd series), § 1, 4-13-2009) Sec. 6.16.050. 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: Best management practices (BMP) means ero- sion and sediment control and water quality management practices that are the most effec- tive and practicable means of controlling, prevent- ing, and minimizing the degradation of surface water, including construction -phasing, minimiz- ing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area -wide plan- ning agencies. City means the administrative staff, or its agent, of the City of Orono. Detention facility means a permanent natural or man-made structure, including wetlands, for the temporary storage of stormwater which contains a permanent pool of water. Discharge means the release, conveyance, chan- neling, runoff, or drainage of stormwater, includ- ing snowmelt, from a construction site. Exposed soil areas means all areas of the construction site where the vegetation (trees, shrubs, brush, grasses, etc.) or impervious surface has been removed, thus rendering the soil more prone to erosion. The term "exposed soil" includes § 6.16.050 topsoil stockpile areas, borrow areas, and disposal areas within the construction site. The term "exposed soil" does not include stockpiles or surcharge areas of gravel, concrete or bituminous. Once soil is exposed, it is considered exposed soil until it meets the definition of final stabilization. Final stabilization means that all soil disturb- ing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of 75 percent for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures have been employed. Simply sowing grass is not considered final stabilization. Land disturbing or development activities means any change of the land surface, including removing vegetative cover, excavating, filling, grading and the construction of any structure. Owner means a person who owns the land on which land disturbing activities are proposed to occur or are occurring. Person means any individual, firm, corpora- tion, partnership, franchise, association or governmental entity. Public waters has the meaning given it in Minn. Stats. § 103G.005, subd. 15. Sediment means solid matter carried by water, sewage, or other liquids. Stormwater means precipitation runoff, Storm - water runoff, snow melt off, and any other surface runoff and drainage. Stormwater pollution prevention plan (SWPPP) means a joint stormwater and erosion and sedi- ment control plan satisfying the requirements of this chapter. 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. CD6:281 ri § 6.16.050 ORONO CODE Waters of the state has the meaning given it in Minn. Stats. § 115.01, subd. 22. Wetlands means Type 1, 2, 3, 4, 5, 6, 7, and 8 wetlands, as defined in circular 39, Wetlands of the United States, 1971 edition, United States Department of the Interior. (Code 2003, § 79-5; Ord. No. 55(3rd series), § 1, 4-13-2009; Ord. No. 69(3rd series), § 1, 4-12- 2010) Sec. 6.16.060. Permit and SWPPP required. (a) Applicability. No owner shall conduct or allow land disturbing activities that meet any of the following criteria without a land disturbance permit and submitting a stormwater pollution prevention plan (SWPPP) pursuant to this chapter: (1) Land disturbance greater than or equal to one acre or which will be part of a larger common plan or development that will include land disturbing activities greater or equal to one acre. (2) Grading, excavation, fill, which is greater than or equal to ten cubic yards (cy) within the shore setback zone of any lake. (3) Grading, excavation, or fill which is greater than or equal to 50 cy or 5,000 square feet. (b) Approval. No building permit, subdivision approval, or other permit that will result in land disturbing activities shall be issued until approval of the stormwater pollution prevention plan or a waiver of the approval requirement has been obtained in conformance with the provisions of this chapter. (c) Exemptions. The provisions of this chapter do not apply to: (1) A project for which a building permit was issued on or before April 13, 2009; or (2) Emergency work to protect life, limb or property;or (3) Tilling, planting, or harvesting of agricultural, horticultural, or silvicul- tural (forestry) crops. (Code 2003, § 79-6; Ord. No. 55(3rd series), § 1, 4-13-2009; Ord. No. 69(3rd series), § 1, 4-12- 2010; Ord. No. 220(3rd series), § 1, 12-10-2018) Sec. 6.16.070. Application procedures. (a) Permit application. To obtain a land disturbance permit, the owner shall first file an application on a form furnished by the city for that purpose. Every such application shall: (1) Identify and describe the work to be covered by the permit for which applica- tion is made. (2) Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. (3) Indicate the purpose of the proposed work. (4) Be accompanied by a stormwater pollu- tion prevention plan as required in sec- tion 6.16.090(c). (5) Be signed by the owner or authorized agent. (6) Give such other data and information as may be required by the city. (b) Financial security. (1) Security required. The owner shall provide the city with financial security to ensure the performance of the owner's obliga- tions pursuant to this chapter. The financial security may be a letter of credit in a form acceptable to the city or cash. The financial security must be provided to the city before issuance of the permit. The city may use the financial security to assure that the work is completed in accordance with the storm - water pollution prevention plan and the provisions of this chapter. The financial security may also be used by the city to eliminate any hazardous conditions associ- ated with the work and to repair any ri LAND USE damage to public property or infrastructure that is caused by the work. (2) Amount of security. The amount of security shall be 125 percent of the estimated cost to accomplish compliance with the approved stormwater pollution preven- tion plan. This shall be in addition to any other security performance required by any other regulations in this Code except that for a project consisting of one single- family dwelling, an addition to a single- family dwelling, or an accessory structure for a single-family dwelling the security may also be the construction deposit required by section 6.08.040. The estimated cost shall be subject to approval by the city engineer. (3) Reduction of financial security. If requested by the owner, the amount of the financial security may be reduced by the city subsequent to city inspection. Said reduction will be based upon the extent to which the grading and restora- tion have been completed and shall consider the continued need for erosion control. At no time prior to final stabiliza- tion, shall the security be reduced to less than ten percent of the total original security amount. (4) Release of security. Any remaining amount of the financial security deposited with the city for faithful performance of the plans and specifications and any related remedial work will be released after the completion and inspection of all such measures and the establishment of final stabilization, for the permitted site or common plan of development or sale. (5) City remedy. If compliance with the approved land disturbance permit is not accomplished within the allowable time period, the city may bring the project into compliance by use of the security. Costs in excess of the amount of the security may be assessed to the property as special assessments and shall be a perpetual lien against the property until paid. § 6.16.070 (6) Exemptions. The city shall be exempt from the requirements of this section. (c) Stormwater pollution prevention plan. Each application for a land disturbance permit shall be accompanied by two copies of a stormwater pollution prevention plan consisting of the fol- lowing dependent upon the type and size of land disturbance activity conducted as described below: (1) For all individual residential lots or any commercial and industrial land which disturbs less than one acre and includes fill or excavation less than 100 cubic yards: a. Identification of proposed contour grading on the site at vertical intervals of not more than two feet; b. Drainage patterns clearly shown using arrows depicting direction of surface water flow; C. A map showing the stages or limits of grading together with the exist- ing or proposed finished elevations; d. Identification of proposed building bench elevations; e. Submission of preliminary plans or program for water supply, sewage disposal, drainage and flood control (if applicable); f. Soil borings, if required by the city engineer; g. Locations of any wetlands, lakes, streams, or other critical water resource areas; h. Appropriate best management practices set forth in this chapter; and Other information as required by the city based on specific project characteristics. (2) For all other sites unless exempt under section 6.16.060(c) or any site if determined appropriate by the city [V• I § 6.16.070 ORONO CODE engineer due to potential impacts to wetlands, lakes, or sensitive receiving waters. a. Grading plan. A grading plan shall be provided that clearly indicates the proposed land disturbance activi- ties. Both existing and proposed topography shall be shown and have a maximum contour interval of two feet. Drainage patterns shall be clearly shown using arrows depict- ing direction of flow. Other informa- tion shall be shown as required by the city based on specific project characteristics. b. Phasing plan. A phasing plan shall be provided that clearly indicates the areas in the order they are to be disturbed and restored. The phas- ing plan shall consider minimiza- tion of area and duration of exposed soil and unstable conditions, minimization of the disturbance of natural soil cover and vegetation, erosion and sediment control measure installation, weather condi- tions and the schedule for temporary and permanent restoration. The area and duration of each phase shall be indicated on the plan. C. Pond detail sheet. A pond detail sheet shall be provided for each proposed stormwater pond that shows detailed pond design, includ- ing normal water level, high-water level, aquatic bench, maintenance bench, outlet structures, emergency overflow locations and other project specific data required by the city. d. Standard detail sheet. A standard detail sheet shall be provided that consists of applicable construction details for approved erosion and sediment control measures as developed by the city. Other techniques may be used upon prior approval by the city with details provided by the designer. e. Specifications. Written specifica- tions for land disturbance activities such as product descriptions, instal- lation and maintenance procedures required by the owner to carry out the project in accordance with this chapter. f. Stormwater pollution prevention plan as required under the NPDES stormwater permit issued by the MPCA. The stormwater pollution prevention plan shall consist of three components: 1. Temporary erosion and sedi- ment control plan: Indicate the location of perimeter controls, construction fence, temporary sedimentation basins, inlet protection, areas to be seeded, areas to be mulched or blanketed, location of construc- tion waste control (dumpsters, chemical storage, concrete washout, portable restroom facilities, etc.) and all other required temporary erosion and sediment control measures as described in section 6.16.090. This plan shall also indicate staging of temporary erosion control measures. 2. Permanent erosion and sedi- ment control plan: Indicates areas to be seeded and sodded, sediment ponds, storm sewer systems and all other required permanent erosion and sedi- ment control measures. Permanent stormwater pollu- tion controls, including, but not limited to, ponds, vegetated buf- fers and structural measures shall be designed and constructed in accordance with other chapters of this Code and requirements of other agen- cies having jurisdiction. 3. Narrative: Describes, at a minimum, the nature of CD6:284 ri LAND USE construction activity, persons responsible for inspection and maintenance of site erosion and sediment control, including contact information, project phasing, schedules, along with the timing, installation and maintenance of erosion and sediment control measures and specifications necessary to carry out the project. g. NPDES permit documentation: If a national pollution discharge elimina- tion system (NPDES) general storm - water permit from the Minnesota Pollution Control Agency (MPCA) is required the owner shall submit to the city a copy of the MPCA Certificate of Permit Coverage. (Code 2003, § 79-7; Ord. No. 55(3rd series), § 1, 4-13-2009; Ord. No. 69(3rd series), § 1, 4-12- 2010) Sec. 6.16.080. Stormwater pollution prevention plan review process. (a) Process. For any subdivision, the stormwa- ter pollution prevention plan shall be submitted with the preliminary plat application. For all other applications, the stormwater pollution prevention plan meeting the requirements of section 6.16.070 and minimum BMP require- ments of section 6.16.090 must be reviewed by the city engineer or designated representative who may approve, approve with conditions, or deny the stormwater pollution prevention plan prior to any land disturbing activity on the site. (b) Duration. Approval of a stormwater pollu- tion prevention plan submitted under the provi- sions of this article shall expire one single year after the date of approval unless construction has commenced in accordance with the plan. However, if prior to the expiration of the approval, the owner makes a written request to the city for an extension of time to commence construction setting forth the reason for the requested exten- sion, the city engineer may grant one extension of not more than one single year. Receipt of any request for an extension shall be acknowledged § 6.16.090 by the city within 15 days. The city shall make a decision on the extension within 30 days of receipt. Any plan may be revised in the same manner as originally approved. (c) Conditions. A stormwater pollution preven- tion plan may be approved subject to compliance with conditions reasonable and necessary to ensure that the requirements contained in these regulations are met. Such conditions may, among other matters, limit the size, kind or character of the proposed development, require replacement of vegetation, establish required monitoring procedures, stage the work over time, or require alteration of the site design to ensure buffering, and require the conveyance to the city or other public entity of certain lands or interests therein. (d) Financial security. The adequacy, condi- tions and acceptability of any financial security shall be determined by the city. (Code 2003, § 79-8; Ord. No. 55(3rd series), § 1, 4-13-2009; Ord. No. 69(3rd series), § 1, 4-12- 2010) Sec. 6.16.090. Minimum SWPPP best management practices (BMPs). (a) Plan standards required. No stormwater pollution prevention plan that fails to meet the standards contained in this section shall be approved by the city council or designated representative. (b) Site dewatering. (1) Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl concentra- tors or other appropriate controls as appropriate. All water from dewatering must be discharged in a manner that does not cause nuisance conditions, ero- sion in receiving channels or on downslope properties, or inundation in wetlands causing significant adverse impact to the wetland. (2) All discharge points must be adequately protected from erosion and scour. The discharge must be dispersed over natural CD6:285 0 00 LO § 6.16.090 ORONO CODE rock riprap, sand bags, plastic sheeting or other accepted energy dissipation measures. Adequate sedimentation control measures are required for discharge water that contains suspended solids. (c) Construction site waste. (1) Waste and material disposal. All waste, unused building material (including garbage debris, cleaning wastes, wastewater, toxic materials or hazardous materials), collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be properly contained on site and disposed of off site, not allowed to be carried by runoff into receiving channel or storage sewer system. (2) Hazardous materials. Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spill, leaks or other discharge. Restricted access to stor- age areas must be provided to prevent vandalism. Concrete wash must be limited to a defined area of the site and runoff must be contained within the defined area. Storage of hazardous waste must be in compliance with MPCA regula- tions. (3) Liquid waste. All non-stormwater discharges (concrete truck washout, vehicle washing, maintenance spills, etc.) conducted during the construction activ- ity must comply with the newest version of the state NPDES permit. (4) Sanitary facilities. Adequate on -site sanitary facilities shall be provided in convenient locations for all persons who work on the site. (d) Tracking. Each site shall have graveled roads, access drives and parking areas of suf- ficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning before the end of each workday. (e) Drain inlet protection. All storm drain inlets shall be protected during construction with control measures as approved by the city. These devices shall remain in place until final stabilization of the site. A regular inspection and maintenance plan shall be developed and implemented to assure these devices are operational at all times. M Site erosion control. (1) Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Diverted runoff shall be conveyed in a manner that will not erode the convey- ance at receiving channels. All temporary or permanent drainage channels must be stabilized within 24 hours of being con- nected to a water of the state. Sediment control is required along channel edges to reduce sediment reaching the channel. (2) All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time. (3) All disturbed ground left inactive for 14 or more days must have temporary or permanent stabilization year round. (4) For sites with more than ten acres disturbed at one time, or if a channel originates in the disturbed area, one or more temporary or permanent sedimenta- tion basins shall be constructed. Each sedimentation basin shall have a surface area of at least one percent of the area draining to the basin and at least three feet of depth and constructed in accordance with accepted design specifications. Sedi- ment shall be removed to maintain a depth of three feet. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water. (5) Perimeter sediment control measures shall be placed along all down gradient perimeters of the site. If a channel or area of concentrated runoff passes through the site, perimeter sediment control measures shall be placed along the chan- M•WT-I• LAND USE nel edges to reduce sediment reaching the channel. All down gradient perimeter sediment control measures must include a maintenance and inspection schedule. (6) Any soil or dirt storage piles containing more than ten cubic yards of material should not be located within 25 feet from a roadway or drainage channel. If remain- ing for more than 14 days, they shall be stabilized by mulching vegetative cover, tarps or other means and enclosed with down gradient perimeter sediment controls. Piles which will be in existence for less than 14 days shall be enclosed with perimeter sediment controls. (7) Pipe outlets must have energy dissipa- tion installed within 24 hours of connec- tion to waters of the state. (g) Inspections and maintenance. The owner shall be responsible for conducting inspections and maintenance of all erosion and sediment control BMPs on site. (1) Inspections, maintenance, and rainfall on site must be documented and readily available for review. Inspections are required as followed: a. Once every seven days on exposed soil areas. b. Within 24 hours after a one-half inch or greater rain event over 24 hours. C. Once every 30 days on stabilized areas. d. As soon as runoff occurs or prior to resuming construction on frozen ground. (2) Maintenance is required as follows: a. When sediment reaches one-third the height of the BMP on perimeter control devices, sediment must be removed within 24 hours of discovery. b. If the perimeter control device is not functional it must be repaired or replaced within 24 hours of discovery. § 6.16.100 C. Temporary sediment basins shall be maintained when sediment reaches half the outlet height or half the basin storage volume. Basins must be drained or sediment removed within 72 hours of discovery. d. Sediment must be removed from paved surfaces within 24 hours of discovery. (3) Erosion into streets, wetlands or water bodies. If eroded soils (including tracked soils from construction activities) enter or appear likely to enter streets, wetlands, or other water bodies, prevention strate- gies, cleanup and repair must be immedi- ate with the appropriate approvals from the DNR, MPCA, or any other state, federal, or local agencies as necessary. The owner shall provide all traffic control and flagging required to protect the travel- ing public during cleanup operations. (4) Erosion off -site. If erosion breaches the perimeter of the site, the owner shall immediately develop a cleanup and restoration plan, obtain right -of -entry from the adjoining property owner and get appropriate approvals from all state, federal, and local agencies as necessary. Then implement the cleanup and restora- tion plan within 48 hours of obtaining the adjoining property owner's permis- sion and approval from any appropriate state, federal, and local agencies. (Code 2003, § 79-9; Ord. No. 55(3rd series), § 1, 4-13-2009; Ord. No. 69(3rd series), § 1, 4-12- 2010) Sec. 6.16.100. Completion of work. Work will be considered complete when all exposed soil areas have undergone final stabiliza- tion, as defined in section 6.16.050, is constructed to finish grade, and is in conformance with all permit conditions of approval to the satisfaction of the city. The owner shall notify the city when the land disturbing operations are ready for final inspection. Final approval shall not be given until all work, including installation of all drain- age facilities and their protective devices, and all CD6:287 L0 § 6.16.100 ORONO CODE erosion control measures, have been completed and final stabilization has occurred in accordance with this chapter. (Code 2003, § 79-10; Ord. No. 55(3rd series), § 1, 4-13-2009; Ord. No. 69(3rd series), § 1, 4-12- 2010) Sec. 6.16.110. Emergency corrective action. In the event circumstances exist such that noncompliance poses an immediate danger to the public health, safety and welfare, as determined by the city, the city may take emergency corrective action to prevent any such danger. The city shall make a reasonable effort to contact and direct the owner to take any necessary action. Any costs incurred by the city in connection with any emergency action may be recovered from the owner's financial security. (Code 2003, § 79-11; Ord. No. 55(3rd series), § 1, 4-13-2009; Ord. No. 69(3rd series), § 1, 4-12- 2010) Sec. 6.16.120. Penalties. When an owner fails to conform to any provi- sion of this chapter, the city may take the following actions: (1) Issue a stop work order. (2) Withhold the scheduling of building inspections. (3) Withhold the issuance of a certificate of occupancy. (4) Revoke any permit issued by the city for the site in question. (5) Direct the correction of the deficiency by city employees or assigns. All costs incurred by the city in correcting erosion and sediment control deficiencies must be reimbursed by the owner. (6) Action against the financial security. If appropriate actions by the owner have not been completed within seven days after notification by the city, the city may act against the financial security if any of the conditions listed below exist. The city shall use funds from this security to finance any corrective or remedial work undertaken by the city or a contractor under contract to the city and to reimburse the city for all direct cost incurred in the process of remedial work, including, but not limited to, staff time, consultant's time, and attorney's fees. a. The owner ceases land disturbing activities and/or filling and abandons the work site prior to completion of the city approved grading plan. b. The owner fails to conform to any city approved grading plan and/or stormwater pollution prevention plan as approved by the city, or related supplementary instructions. C. The techniques utilized under the stormwater pollution prevention plan fail within one year of installation. d. The owner fails to reimburse the city for corrective action taken under subsection (5) of this section. e. Emergency action as described in section 6.16.110. (7) An owner failing to comply with or violat- ing any of these regulations, shall be deemed guilty of a misdemeanor and subject to a fine or imprisonment or both. If more than one person is an owner, each person is responsible for compliance with these regulations. Each day that a separate violation exists constitute a separate offense. (Code 2003, § 79-12; Ord. No. 55(3rd series), § 1, 4-13-2009; Ord. No. 69(3rd series), § 1, 4-12- 2010) Sec. 6.16.130. Other controls. In the event of any conflict between other ordinances adopted by the city council, the more restrictive standard prevails. (Code 2003, § 79-13; Ord. No. 55(3rd series), § 1, 4-13-2009) Sec. 6.16.140. Severability. The provisions of this chapter are severable. If any provision of this article or the application LAND USE thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application. (Code 2003, § 79-14; Ord. No. 55(3rd series), § 1, 4-13-2009) CHAPTER 6.20. SUBDIVISION REGULATIONS* ARTICLE I. IN GENERAL Sec. 6.20.010. Rules. (a) For the purpose of this chapter, certain numbers, abbreviations, terms and words used shall be used, interpreted, and defined as set forth in this article. (b) The word "used" or "occupied" as applied to any land or building shall be construed to include the word "intended," "arranged," or "designed to be used or occupied." (Code 2003, § 82-1; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.020. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means any subdivider or their agent. Block means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, rights -of -way, exterior boundaries of the subdivision, shorelines of waterways, outlots or boundary lines of municipalities. Bond means any form of security, including surety bond, warranty bond, penalty bond, col- lateral, property, or instrument of credit accept- able to the city. Building means any structure having a roof which may provide shelter or enclosure of persons, animals or chattel; and when the structure is *State law reference —Subdivision regulations, Minn. Stats. § 462.358. § 6.20.020 divided by party walls without opening, each portion of such building so separated shall be deemed a separate building. Building site line means a line on the preliminary plat which delineates the dry build- able land of any lot upon which a structure may be constructed, which land meets all of the setback requirements of chapter 6.12. Capital improvement program means an item- ized program setting forth the schedule and details of specific contemplated public improve- ments by fiscal year, including public improve- ments in or related to air space and subsurface areas necessary for mined underground develop- ment pursuant to Minn. Stats. §§ 469.135 through 469.141, together with their estimated cost, the justification for each improvement, the impact that such improvements will have on the current operating expense of the city, and such other information on capital improvements as may be pertinent. Community facilities plan means a compila- tion of policy statements, goals, standards, maps and action programs for guiding the future development of the public or semipublic facilities of the city, such as recreational, educational and cultural facilities. Community management plan means a compila- tion of policy statements, goals and standards, and maps and recommendations for their execu- tion, prepared and adopted by the city for guid- ing the physical, social and economic development, both private and public, of the city and its environs and to protect the public health, safety and welfare, and may include, but is not limited to, statements of policies, goals and standards, a land use plan, a transportation plan, a com- munity facilities plan, a capital improvement program, an official map, a surface water manage- ment plan and a comprehensive sewer plan. The community management plan is the city's comprehensive municipal plan. Comprehensive sewer plan means a compila- tion of policy statements, goals, standards, maps and action programs for the preservation and best use of waters and other natural resources of the city, for the prevention, control and abate- CD6:289 M M § 6,20.020 ORONO CODE ment of water pollution in the city, and for the efficient and economic collection, treatment and disposal of sewage in the city. Construction plan means the maps or draw- ings, accompanying a subdivision, showing the specific location and design of required public or private improvements to be installed as part of the subdivision in accordance with the require- ments of the city or this chapter as a condition of the approval of the subdivision. Cul-de-sac means a local street with only one outlet and having an circular turnaround for the safe and convenient reversal of traffic move- ment. Density means the number of building sites per acre. Design standards means the specifications to the subdivider for preparation of preliminary and final plats, including, but not limited to, the optimum, minimum or maximum dimensions of such items as rights -of -way, blocks, easements and lots, public and private improvements. Dry buildable land means that portion of the lot not encumbered by the waters of a duly recorded lake or river, wetlands, bluffs, or slopes steeper than 30 percent. Easement means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of their property. Escrow means a deposit of cash with the city. Grade means the slope of a road, street or other public way, site or topography specified in percentage terms. Improvements means any building, structure, drainage ditch, dam, roadway, parkway, sidewalk, pedestrian way, trees, shrubs, lawn, off-street parking area, sewer and water utilities, or other facility. Improvements, lot, means any improvement on the lot. Improvements, private, means any improve- ment required by this chapter, which improve- ment the city or subdivider shall construct at the subdivider's expense and for which the city will not assume any responsibility for its maintenance and operation and which shall not be dedicated to the city. Improvements, public, means any improve- ment required by this chapter, which improve- ment the city or subdivider shall construct at the subdivider's expense and for which the city will ultimately assume the responsibility for its maintenance and operation upon issuance of the certificate of satisfactory completion. Land use plan is a chapter of the community management plan and means a combination of policy statements, goals, standards, maps and action programs for guiding the future develop- ment of private and public property. The term "land use plan" includes a plan designating types of uses for the entire city as well as a specialized plan showing specific areas or specific types of land uses, such as residential, com- mercial, industrial, public or semipublic uses or any combination of such uses. A land use plan may also include the proposed densities for development. Lot means a tract, plot or portion of a subdivi- sion or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building develop- ment. Every platted lot shall be a buildable lot or an outlot. 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 flag lot when the corridor is platted as part of the lot. When the corridor is merely an easement over another lot, the separated lot is considered to be an easement back lot. CD6:290 LAND USE Lot, buildable, means a lot or combination of lots or outlots which meet all of the requirements of chapter 6.12 and this chapter for the intended purpose. Lot, corner, means a lot situated at the junc- tion 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, front, means a lot abutting a public or private road across which an outlot has been platted for access to a back lot. Lot, outlot, means a lot depicted on a final plat which intended for open space preservation, access, future development or other use. 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. Natural feature means any naturally occur- ring physical phenomenon, including lakes, streams, flowage areas, marshland, wetlands, floodplains, slopes, unusual soil pockets, and rock outcroppings. Nonresidential subdivision means a subdivi- sion for which the intended use is other than residential, such as commercial or industrial. Official controls and controls mean all provi- sions of this Code, ordinances and regulations which control the physical development of a city, county or town or any part or any detail, and implement the general objectives of the comprehensive plan. Official controls may include § 6.20.020 ordinances establishing zoning and subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Official map means a map adopted in accordance with Minn. Stats. § 462.359 which may show existing and proposed future streets, roads and highways of the city and county; the area needed for widening of existing streets, roads and highways of the city and county; and existing and future county state aid highways and state trunk highway rights -of -way. An official map may also show the location of existing and future public land and facilities within the city. In counties in the metropolitan area as defined in Minn. Stats. § 473.121, official maps may for a period of up to five years designate the boundar- ies of areas reserved for purposes of soil conserva- tion, water supply construction, flood control and surface water drainage and removal, including appropriate regulations protecting such areas against encroachment by buildings, other physi- cal structures or facilities. Off -site premises means any premises not located within the area of the property to be subdivided, whether or not in the same owner- ship of the subdivider. On -site septic manager means the person designated to administer and enforce chapter 5.24, article II. Outlot means the same as Lot, outlot. Owner means any person, partnership, corpora- tion or any other legal entity having legal title to or sufficient proprietary interest in land sought to be subdivided under this chapter. Park commission means a body appointed by the council to study and consider the continuing needs of the city for parks and recreation areas. The commission shall report direct to the council, may hold joint meetings with the council, and may hold public hearings to determine public sentiment and make recommendations to the council. Park fund means a special fund established by the city to retain monies contributed by a subdivider in lieu of land in accordance with provisions of this chapter. CD6:291 § 6.20.020 ORONO CODE Plat means the map or plan of a subdivision showing the property boundaries, layout, dimen- sions and legal descriptions of all lots, blocks and rights -of -way. Plat, final, means the plat of the subdivision which includes all information required by statute and this chapter, which plat will be recorded with the office of the county recorder. Plat, preliminary, means the proposed plat showing all information required by this chapter. Platting authority means the city council pursu- ant to Minn. Stats. § 462.358. Property line means the boundary lines enclos- ing a lot, parcel or tract of land. Regardless of the legal description, the property line to be used for purposes of compliance with chapter 6.12 and this chapter shall be the ordinary high-water mark of any lakeshore, the edge of the right-of- way, the edge of any public or private roadway, or the edge of an adjacent lot or outlot. Public hearing means a hearing to be held by the planning commission to allow for public review and input relating to the proposed subdivi- sion pursuant to Minn. Stats. § 462.358 and section 6.12.280. Registered engineer means an engineer properly licensed and registered in the state. Registered land surveyor means a land surveyor properly licensed and registered in the state. Right-of-way means a strip of land occupied or intended to be occupied by an alley, street, crosswalk, railroad, public or private roadway or easement, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. Roadway means any street, highway, road, lane, way, trail or any other area used for vehicular traffic. Roadways classification means one or more of the following: Collector means a roadway intended to connect neighborhoods within and between subregions. Dead end means a roadway with only one vehicular -traffic outlet. Intermediate arterial means a roadway intended to connect two or more subregions, provide secondary connections outstate and complements principal arterials in high - volume corridors. Local means a roadway intended to connect blocks within neighborhoods and specific activi- ties within homogeneous land use areas. Minor arterial means a roadway intended to connect adjacent subregions and activity centers within subregions. Parkway means a roadway intended to provide low -speed and low -volume vehicular or bicycle access to or through recreational areas, parks and lakeshore. Principal arterial means a roadway intended to connect urban subregions with one another, connect urban and rural service areas with metro centers, or connect outstate cities. Private means a roadway for which the city or other political subdivision shall not be responsible for its maintenance and opera- tion. Public means any roadway for which the city or other political subdivision is or expects to be responsible for its maintenance and operation. Roadway right-of-way width means the distance between property lines measured at right angles to the centerline of the roadway. Screening means a man-made or natural visual barrier of a type that will form a year-round dense screen. Setback means the minimum horizontal distance between a structure, system or facility and a natural feature, property line, right-of-way line, ordinary high-water level, structure, system or other facility. Sewage treatment system, on -site, means a device or series of interconnected components designed, installed and maintained for the purpose CD6:292 cfl LO LAND USE of safely treating and disposing of sewage and domestic waste, whenever such system is not part of a municipal sewerage system. Collective system means a system serving two or more buildings, typically including individual septic tanks connected to a common soil treatment and absorption area. Commercial system means a system serving any nonresidential building. Individual system means a system serving an individual building, typically a single- family residence. Shade tree means a tree of approved species and size. Shoreline means a line denoting the ordinary high-water elevation of any lake, stream or other body of water, which ordinary high-water eleva- tion shall be as established by the Minnehaha Creek Watershed District, department of natural resources, or any other agency, whichever eleva- tion is the highest. Single ownership means ownership by the same person, corporation, firm, entity, partner- ship or unincorporated association; or ownership by different corporations, firms, partnerships, entities or unincorporated associations, in which a stockholder, partner, or associate, or a member of their family owns an interest in each corpora- tion, firm, partnership, entity or unincorporated association. Slope means vertical distance in feet per 100 feet of horizontal distance. Street means the same as roadways. 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. Subdivider means any person who: (1) Has an interest in land, who causes it, directly or indirectly to be divided into a subdivision; § 6.20.020 (2) Directly or indirectly sells, leases or develops, or advertises for sale, lease or development, any interest, lot, parcel, site, unit or plot in a subdivision; (3) Engages directly or through an agent in the business of selling, leasing, develop- ing or offering for sale, lease or develop- ment a subdivision or any interest, lot, parcel, site, unit or plot in a subdivision; or (4) Is directly or indirectly controlled by or under direct or indirect common control with any of the foregoing. Subdivider's agent means any person who represents or acts for or on behalf of a subdivider in selling, leasing or developing, or offering to sell, lease or develop, any interest, lot, parcel, unit, site or plot in a subdivision. Subdivision means the separation of an area, parcel or tract of land under single ownership into two or more parcels, tracts, lots or long-term leasehold interests, where the creation of the leasehold interest necessitates the creation of streets, roads or alleys, for residential, com- mercial, industrial or other use or any combina- tion of such uses, except those separations: (1) In which all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses. (2) Creating cemetery lots. (3) Resulting from court orders, or the adjust- ment of a lot line by the relocation of a common boundary as long as each of the resulting lots meets the requirements of chapter 6.12. Surface water management plan means a compilation of policy statements, goals, standards, maps and action programs for guiding the future hydrological and hydraulic development of the watersheds and subwatersheds, water storage areas, drainageways, floodways and filtration systems of the city to control surface water runoff, flood hazards, flood damage and general water quality within the city and its environs, CD6:293 § 6.20.020 [63RO \ IX40]17D' including lakes, streams, wetlands, marshes, natural watercourses and storm sewer systems or facilities. Temporary improvement means improve- ments built and maintained by a subdivider during construction of the subdivision. Tract and subject tract mean the parcel of land comprising all the contiguous land owned or controlled by the subdivider and included in whole or in part in the subdivision. Transportation plan means a compilation of policy statements, goals, standards, maps and action programs for guiding the future develop- ment of the various modes of transportation of the city and its environs, such as streets and highways, public transit, railroads, air transporta- tion, trucking and water transportation; and includes a major thoroughfare plan. Water system, individual, means a water system which may include supply, treatment and distribu- tion which serves only one lot (e.g., private well). Water system, private community, means a water system which may include supply, treat- ment and distribution facilities, established by a subdivider to serve two or more lots, which system is independent from the public water system. Water system, public, means a water system which may include supply, treatment and distribu- tion facilities owned and maintained by the city. Wetlands means as defined in circular 39, Wetlands of the United States, 1971 edition, United States Department of the Interior, as amended from time to time. (Code 2003, § 82-2; Ord. No. 248(3rd series), § 1, 9-14-2020; Ord. No. 254(3rd series), § 2, 2-8- 2021) Sec. 6.20.030. Scope. Subdivision and platting of land in the city shall be regulated by this chapter. (Code 2003, § 82-3; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.040. Policy. (a) It is the policy of the city to consider the subdivision of land and the subsequent develop- ment of subdivided land as subject to the control of the city pursuant to the official community management plan of the city and this chapter for the orderly, planned, efficient and economical development of the city. (b) Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. Land shall not be subdivided until adequate public and private facilities and improvements exist and proper provision has been made for drainage, water, sewerage and capital improvements, such as schools, parks, recreation facilities, transporta- tion facilities and other public improvements. (c) The existing and proposed public and private improvements shall conform to and be properly related to the proposals shown in the community management plan of the city, and it is intended that this chapter shall supplement and facilitate the enforcement of the provisions and standards contained in the official controls and community management plan of the city. (Code 2003, § 82-4; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.050. Purposes. The ordinance from which this chapter is derived is adopted for the following purposes: (1) To protect and provide for the public health, safety and general welfare of the city and to prevent harm to the public health, safety and general welfare. (2) To guide the future growth and develop- ment of the city in accordance with the community management plan. (3) To provide for adequate light, air and privacy; to secure safety from fire, flood and other danger; and to prevent overcrowding of the land and undue congestion of population. (4) To protect the character of the land to be divided as well as the surrounding lands CD6:294 1�± (5) (6) (7) (8) (9) LAND USE and the social and economic stability of all parts of the city and to encourage the orderly and beneficial development of all parts of the city. To protect and conserve the value of land throughout the city and the value of structures and other improvements upon the land, and to minimize the conflicts among the uses of land. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation and other public requirements and facili- ties. To provide the most beneficial relation- ship between the uses of land and build- ings and the circulation of traffic throughout the city, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropri- ate to the various uses of land and buildings, and to provide for the proper location and width of streets and build- ing lines. To establish reasonable standards of design and procedures for subdivisions, in order to further the orderly layout and use of land; and to ensure proper legal descriptions and monumenting of subdivided land. To ensure that public and private facili- ties are available and will have a suf- ficient capacity to serve the proposed subdivision. (10) To prevent the pollution of air, streams, ponds, wetlands, Lake Minnetonka and other bodies of water; to provide reason- able access to public waters; to assure the adequacy of drainage facilities; to safeguard the water table; and to encour- age the wise use and management of natural resources throughout the city to prevent their misuse, abuse and overuse § 6.20.090 and in order to preserve the integrity, stability and beauty of the community and the value of the land. (Code 2003, § 82-5; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.060. Authority. Pursuant to the powers and jurisdictions vested through Minn. Stats. chs. 412 and 462 and other applicable laws, statutes, ordinances and regula- tions of the state, the city exercises the power of authority to review, approve and disapprove subdivisions of land within the corporate limits of the city. (Code 2003, § 82-6; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.070. Minimum standards. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare and prevention of harm to the public health, safety and general welfare. (Code 2003, § 82-7; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.080. Conflict with public provi- sions. This chapter is not intended to interfere with, abrogate, or annul any other provision of this Code, rule or regulations, statute, or other provi- sion of law. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of this chapter or any other provision of this Code, rule or regulation, statute or other provision of law, whichever provisions are more restrictive or impose higher standards shall control. (Code 2003, § 82-8; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.090. Saving provision. This chapter shall not be construed as abating any action pending under or by virtue of prior existing subdivision regulations, or as discontinu- ing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the CD6:295 L0 § 6.20.090 ORONO CODE liability of any person, or as waiving any right of the city under any section or provision existing at the time of adoption of this chapter, or as vacating or annulling any rights obtained by any person, or as waiving any right of the city under any section or provision existing at the time of adoption of this chapter, or as vacating or annul- ling any rights obtained by any person, by lawful action of the city except as shall be expressly provided for in this chapter. (Code 2003, § 82-9; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.100. Amendments of other provi- sions of this Code and regulations. (a) Whenever the provisions of this chapter refer to the community management plan, official controls, or other provisions of this Code, codes, regulations or laws, it shall be deemed to refer to those official controls, plans, codes, provisions of this Code, and regulations as amended as of that point in time. In the event of an amendment during the application for a subdivision, that subdivision must meet the requirements of the amendment. (b) For the purpose of providing for the public health, safety and general welfare, the city may from time to time amend the provisions imposed by this chapter. (Code 2003, § 82-10; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.110. Jurisdiction. This chapter shall apply to all subdivisions of land located within the corporate limits of the city. Code 2003, § 82-11; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.120. Compliance. (a) The subdivision of any lot or any parcel of land for the purpose of sale, transfer or lease by use of metes and bounds description, deed, contract for deed, purchase agreement, registered land survey or easement shall not be permitted except after full compliance with this chapter. (b) All subdivisions shall be platted in accordance with the terms and conditions of this chapter. (c) No building permit or certificate of occupancy shall be issued for any parcel or lot of land which was created by subdivision and not in conformity with the provisions of this chapter, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with this chapter. (d) No subdivision shall be entitled to be recorded in the county recorder's office or have any validity until the subdivision has been prepared, approved and acknowledged in the manner prescribed by this chapter. The office of the county recorder shall not file or accept for filing any subdivision of land unless it is accompanied by a certified copy of the resolution of the city approving the subdivision. (e) Every person who violates any provision of this chapter when performing an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions this chapter. (f) Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this chapter to prevent unlawful construction, to recover damages, including attorney's fees, to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, and these remedies shall be in addition to the penalties describe above and provided in state statutes. (Code 2003, § 82-12; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.130. Conditions. Regulation of the subdivision of land and the attachment of reasonable conditions to the subdivi- sion of land is an exercise of valid police power delegated by the state to this city. The subdivider has the duty of compliance with reasonable conditions laid down by the city for design, dedication, improvement and restrictive use of CD6:296 LAND USE the land so as to conform to the physical and economical development of the city and the city's community management plan and to the safety and general welfare of the future lot owners in the subdivision and of the community at large. (Code 2003, § 82-13; Ord. No. 248(3rd series), § 1, 9-14-2020) ARTICLE II. ADMINISTRATION AND ENFORCEMENT Sec. 6.20.210. Enforcement. It shall be the duty of the city administrator or designee to enforce this chapter and to bring to the attention of the city attorney any violations or lack of compliance with this chapter. (Code 2003, § 82-46; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.220. Fees for subdivision applica- tions. (a) The fees to be paid for each application for subdivision shall be in the amount prescribed by the current city fee schedule provisions. Fees shall be payable at the time applications are filed with the zoning administrator. There shall be no fee in the case of applications filed in the public interest by the council or by the planning commission. (b) No person shall be issued a permit pursu- ant to this chapter by the city until each applicant shall have paid to the city clerk the fixed and additional costs incurred by the city in reviewing the application as provided in this chapter. (c) Each applicant shall be charged the fixed fee specifically provided in this chapter or other provisions of this Code, including the current fee schedule adopted by the city council as required to cover the costs incurred by the city in administratively processing and reviewing the subdivision. (d) Application fees are not refundable unless the application is withdrawn prior to referral to the planning commission. In the case of such timely withdrawal, the amount of refund shall be reduced by the costs incurred by the city prior to § 6.20.230 withdrawal, including, but not limited to, staff time, notification publication expenses, and consultant costs. (e) Each applicant shall comply with the provi- sions of chapter 6.08, reimbursement of develop- ment expenses, escrows. (Code 2003, § 82-47; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.230. Variances. (a) Standards. Where the city finds that unusual hardship may result from strict compli- ance with the provisions of this chapter, other than the procedural provisions, and the purposes of this chapter may be served to a greater extent by an alternative proposal, the city may approve variances to this chapter so that substantial justice may be done and the public interest secured, provided that such a variance shall not have the effect of nullifying the intent and purpose of this chapter; and further provided the city shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: (1) An unusual hardship on the land exists, including, but not limited to, inadequate access to direct sunlight for solar energy systems; (2) The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property; (3) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; (4) Because of the particular physical sur- roundings, shape or topographical condi- tions of the specific land involved, an unusual hardship to the land would result, as distinguished from an inconvenience or hardship to the subdivider, and it is found that the strict enforcement of this chapter would result in an environmentally unsound development of the land; CD6:297 0 W § 6.20.230 ORONO CODE (5) The variance will not in any manner vary the provisions of the community management plan; (7) The variances will not in any manner vary the procedural requirements of this chapter. (b) Conditions. In approving the variance, the city may require such conditions as will, in its judgment, secure substantially the objectives of this chapter. (c) Procedure. An application for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed. The application shall state fully the grounds and all of the facts to justify the grant- ing of a variance and will be approved or denied at the time the council reviews the preliminary plat. (Code 2003, § 82-48; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.240. Issuance of building permits and certificates of occupancy. (a) When public and/or private improvements are required for a subdivision, building permits and certificates of occupancy may be issued only subject to the development contract. (b) In no case will a certificate of occupancy be issued to any building on any lot in the subdivision which lot has access only on a new public or private street until a certificate of satisfactory completion has been issued for that public or private street. (Code 2003, § 82-49; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.250. Appeals. (a) The zoning board of appeals and adjust- ments established in section 6.12.410 shall also serve as the subdivision board of appeals and adjustments. The board has the following powers with respect to the subdivision regulations: to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administra- tive officer in the enforcement of this chapter. An appeal under this section shall be filed no later than ten days following the order, requirement, decision or determination. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reason- able conditions imposed by the subdivision regula- tions. Failure to file an appeal within ten days of the decision shall constitute a waiver of the person's right to a hearing. (b) The procedures set forth in chapter 6.12, article III apply to determinations of the subdivi- sion board of appeals and adjustments. (Code 2003, § 82-50; Ord. No. 248(3rd series), § 1, 9-14-2020) ARTICLE III. PLAT APPROVAL PROCESS Division 1. Generally Sec. 6.20.310. Restrictions on development prior to final plat approval. Once a preliminary plat has been submitted to the city, whether a subdivision is occurring or not, no building permits will be issued by the city for the construction of any building, structure or improvement to the land or to any lot in the proposed subdivision until all requirements of this chapter have been fully completed, includ- ing the official recording of the final plat, or until the application is formally withdrawn by the subdivider. When specifically authorized by this chapter and specifically approved by the council, permits may be issued for the construction of certain improvements such as roads, utilities and drainage structures. (Code 2003, § 82-81; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.320. Coordination of subdivision approval. (a) Intent. It is the intent of this chapter that subdivision review be carried out simultane- ously with the review of accessory zoning applica- tions, (variances, zone changes or other similar prerequisites) to the subdivision. CD6:298 N O O LAND USE (b) Fees. Whenever a proposed subdivision requires accessory zoning applications, the subdivider shall file the separate zoning applica- tions and pay all required fees concurrent with the filing of the preliminary plat application. (Code 2003, § 82-82; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.330. Official submission dates. (a) The city shall establish and publish submit- tal deadlines for land use applications annually. Subdivision applications shall be submitted based on this schedule. (b) When a division or subdivision to which the regulations of the city do not apply is presented to the city, the city administrator or designee shall within ten days certify that the subdivision regulations of the city do not apply to the particular division. (c) If the city or the responsible agency of the city fails to preliminarily approve or disapprove an application within the review period, the application shall be deemed preliminarily approved, and, upon demand, the city shall execute a certificate to that effect. Following preliminary approval, the applicant may request final approval by the city; and upon such request, the city shall certify final approval within 60 days if the applicant has complied with all conditions and requirements of applicable regula- tions and all conditions and requirements upon which the preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assuring performance. If the city fails to certify final approval as so required, and if the applicant has complied with all conditions and requirements, the application shall be deemed finally approved, and, upon demand, the city shall execute a certificate to that effect. After final approval a subdivision may be filed or recorded. (Code 2003, § 82-83; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.340. Initial staff review. Any person proposing subdivision of land within the city shall meet with the city administrator or designee to review briefly the proposed subdivi- § 6.20.350 sion and receive advice concerning subdivision requirements, required submittals, fees and schedules. (Code 2003, § 82-84; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.350. Sketch plan. (a) Purpose. The sketch plan is an initial presentation of the subdivider's intention and serves as the basis for conceptual discussion between the city and the subdivider and provides beneficial savings for the subdivider. (b) Requirements. A sketch plan review may be completed for all subdivision applications. (c) Sketch plan application; all subdivisions. The planning commission shall review all sketch plans based upon the subdivider's formal applica- tion. Incomplete applications will not be reviewed. Complete applications shall include the follow- ing: (1) Completion of all items on the sketch plan application form; (2) A location map; (3) A map in a form acceptable to the city administrator or designee which adequately describes the proposed subdivi- sion in such a way as to show compliance with this chapter; (4) Any additional information requested by the city administrator or designee; and (5) Payment of the sketch plan review fee. (d) Sketch plan review and recommendations. (1) Recommendations to the subdivider. After reviewing and discussing the sketch plan, city administrator or designee will advise in a general manner the subdivider of the changes or additions, if any, which will be required in the layout, and the character and extent of required improve- ments and dedications which will be required as a prerequisite to the approval of the final plat. (2) The planning commission shall study the sketch plan, taking into consideration the requirements of this chapter and the CD6:299 M O t0 § 6.20.350 ORONO CODE best use of the land being subdivided. Particular attention will be given to the location, arrangement, shape and size of lots, access, parkland dedication, the further development of adjoining lands as yet unsubdivided, and the require- ments of chapter 6.12 and the com- munity management plan. (3) The applicant may request review by the city council. Upon such request, the plan- ning commission's comments shall be forwarded to the city council for study and comment. (Code 2003, § 82-85; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.360. Vested rights. No vested rights shall accrue to any subdivi- sion by reason of preliminary or final subdivision approval except as stated in this article. For one year following preliminary approval and for two years following final approval, unless the subdivider and the city agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, develop- ment density, lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regula- tions, the city may extend the period by agree- ment with the subdivider and subject to all applicable performance conditions and require- ments, or it may require submission of a new application unless substantial physical activity and investment has occurred in reasonable reli- ance on the approved application, and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In connection with a subdivi- sion involving planned and staged development, the city may by resolution or agreement grant the rights referred to in this section for such period of time longer than two years which it determines to be reasonable and appropriate. (Code 2003, § 82-86; Ord. No. 248(3rd series), § 1, 9-14-2020) Division 2. Preliminary Plat (b) Requirements. The subdivider is required to furnish detailed surveying, engineering and legal information sufficient to ensure compliance with the city's community management plan and chapter 6.12, and other local, state, federal, watershed or conservation district regulations. A preliminary plat review shall be completed for each subdivision proposed prior to the city's accepting any final plat application. (Code 2003, § 82-111; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.420. Plat application. (a) Plat. All preliminary plat applications shall provide the following to be deemed complete: (1) Completion of all items required by the city; (2) Provision of the utilities map, if applicable; (3) A soil survey and report (to be requested by the city if the city administrator or designee feels such information is neces- sary for the subdivision review); (4) A soil erosion and sedimentation control plan; (5) A vegetation preservation and protection plan; (6) Any additional information requested by the city administrator or designee or planning commission; a. Proposed protective covenants; b. Statement of the proposed use of lots stating type of residential build- ings with number of proposed dwell- ing units and type of business or industry, so as to reveal the effect of the development on traffic, fire hazards and congestions of popula- tion; or (7) Payment of the preliminary plat review Sec. 6.20.410. Purpose and requirements. fee. (a) Purposes. During this stage, the subdivider details their proposal and the city details the Certification does not mean all information is subdivision requirements, in the form of a correct, just that apparently all issues identified preliminary plat. in the plat have been addressed by the subdivider. CD6:300 LAND USE (b) Application deadlines. The subdivider shall file a complete preliminary plat application with the city administrator or designee at the deadline established by the city annually. (Code 2003, § 82-112; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.430. Staff and agency review of the preliminary plat. (a) General coordination. On behalf of the city, the city administrator or designee shall coordinate the review of preliminary plats by all appropriate city staff persons and governmental agencies. The subdivider is responsible for filing all applications and obtaining all appropriate approvals from other agencies and to keep the city administrator or designee fully informed of the status of the review by the appropriate agency. The subdivider shall submit to the city copies of all applications filed with other governmental agencies. (b) Referral to planning commission. Upon receipt of a complete preliminary plat applica- tion, the city administrator or designee shall place the application on the agenda of the regularly scheduled planning commission meet- ing for which the public hearing has been scheduled. The planning commission shall then begin reviewing the proposal. (c) Public hearing meeting notice. Notice of the hearing shall be consistent with public hear- ing requirements in section 6.12.280. (d) Referral to park commission. Where the proposed plat includes provisions for the dedica- tion of land for public park purposes, trails or jointly used recreational facilities, the city administrator or designee shall refer the applica- tion to the park commission, which shall review the proposal and provide recommendations to the city council. (Code 2003, § 82-113; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.440. Planning commission review of the preliminary plat. (a) Generally. The planning commission shall study and review all preliminary plat applica- tions. Particular attention will be given to the § 6.20.450 location, arrangement and size of lots and blocks; the location, width, length and continuity of streets; the topography and ecology of the land; sewage disposal; traffic; drainage; public services; the further development of adjoining lands as yet unsubdivided; the requirements of chapter 6.12 and community management plan; and the recommendations of the city staff and other governmental agencies. (b) Planning commission public hearing. At the advertised time and place, the planning commission shall hold a public hearing as required by Minn. Stats. § 462.358. The recommenda- tions of city staff and governmental agencies shall be entered in the record. At the discretion of the planning commission, the public hearing may be closed or may be held open for additional information. (c) Planning commission recommendations. After the planning commission has reviewed the preliminary plat and the testimony and exhibits submitted at the public hearing, including citizen comments and the recommendations of the city staff and other governmental agencies, the subdivider shall be advised of any required changes and/or additions. The planning commis- sion shall recommend approval, conditionally approve or deny the preliminary plat. If the planning commission fails to act within the 100-day period, the city administrator or designee shall refer the application to the council for action within 120 days of the date of certifica- tion. (Code 2003, § 82-114; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.450. Council review of the preliminary plat. (a) Required. The council shall review all preliminary plat applications. Particular atten- tion will be given to the record developed by the planning commission's study of the proposal and to the recommendations of the planning commis- sion and the city staff. (b) Council action. The council should approve, conditionally approve or disapprove the preliminary plat within 120 days following the date of certification by the city administrator or CD6:301 § 6.20.450 ORONO CODE designee of the completed application unless an extension of the review period has been agreed to by the subdivider in writing. (c) Recommendations to the subdivider. The action of the council shall be in the form of a resolution setting forth the conditions of approval, including any changes, additions and/or other requirements to be met by the subdivider prior to final plat approval. In addition to the specific conditions stated, the subdivider must fulfill all other requirements and performance standards of this Code. (d) Failure to act by the city. If the city or the responsible agency of the city fails to preliminar- ily approve or disapprove an application within the review period, the application shall be deemed preliminarily approved; and upon demand the city shall execute a certificate to that effect. Following preliminary approval the applicant may request final approval by the city, and upon such request the city shall certify final approval within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and all conditions and requirements upon which the preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assuring performance. If the city fails to certify final approval as so required, and if the applicant has complied with all conditions and requirements, the application shall be deemed finally approved; and upon demand the city shall execute a certificate to that effect. After final approval, a plat may be filed or recorded. (e) Grading of site prior to final approval. Subsequent to preliminary plat approval by the council, the subdivider may apply for a land alteration permit from the city and upon receipt of such permit may commence construction to the grades and elevations required by plans approved by the city. (Code 2003, § 82-115; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.460. Effective period of preliminary plat review. Council resolution concerning any preliminary plat shall remain effective for one year. Failure to file a complete final plat application within this time period shall be construed as formal withdrawal of the proposed plat. (Code 2003, § 82-116; Ord. No. 248(3rd series), § 1, 9-14-2020) Division 3. Final Plats Sec. 6.20.510. Purpose; requirements. (a) Purpose. Final plat review is the final stage of the plat review process. The legal documents, including plat drawings, are reviewed for completeness and conformity with the intent and requirements of the preliminary plat approval. (b) Requirements. The applicant is required to furnish completed surveying, engineering, and legal documents suitable for recording in the county recorder's office, incorporating all the information and/or changes required as part of the preliminary plat review and resolution of preliminary plat approval. All documents and requirements shall be completed by the subdivider, reviewed by the city staff and the council, and approved by the council prior to the mayor's and city clerk's certifying approval of the final plat. (c) Prerequisite. A preliminary plat of substantially the same proposal shall have been approved by the council within one year of the filing of any final plat application. The city administrator or designee shall review each final plat application to ensure substantial conformity to the requirements and representations on the preliminary plat. (d) Substantial change from preliminary plat. The council may refuse to approve any final plat application which is substantially different from the approved preliminary plat, or which discloses possible misrepresentations on the preliminary plat. In the case of such denial council may require the applicant to resubmit the proposal for planning commission reconsideration, and may require the applicant to submit or resubmit any and all documents or information required for preliminary plat review. Planning commis- CD6:302 LAND USE § 6.20.530 sion reconsideration may include a new public ments which have been or were required hearing. The applicant shall pay applicable to be completed prior to final plat approval. preliminary plat review fees. (Code 2003, § 82-141; Ord. No. 248(3rd series), (8) Any additional information requested by § 1, 9-14-2020) the city administrator or designee or the council. Sec. 6.20.520. Final plat application. (9) payment of applicable fees and payments (a) All plats. Complete final plat applications identified in the development agree - shall include one or all of the following to be ment, or preliminary plat resolution. determined by the zoning administrator: (10) Confirmation that all county taxes are (1) Completion of all items required by city paid. staff. (11) Title commitment or acceptable evidence (2) All information submitted for the of title, dated no later than 45 days of the preliminary plat review shall be in the anticipated recording date. record and shall be considered submitted for final plat review purposes. (b) The final plat. (3) One original and two copies signed by (1) Record plat drawings shall be prepared the grantor, of any required drainage, by a registered land surveyor in utility, road, access, open space, conserva- accordance with applicable statute and tion or other easement in the standard county regulations and shall be submit - form as provided by the city. Any other ted in the form of at least two plastic film form or changes to the standard form reproducible copies, three copies for Tor - must be approved by the city attorney rens property. Original signatures and prior to filing the final plat application. certifications shall be provided on the (4) One original and two copies, signed by mounted and reproducible copies for the the grantor, of any quitclaim deed or owners, those possessing any other warranty deed dedicating required land property interest, the professional to the city or other governmental jurisdic- engineer (if applicable), and the registered tion. surveyor. Spaces for certification by the city (signature lines for the mayor and (5) One original and two copies of any private clerk) shall be provided. covenant, homeowners' association agree- ment or other private restriction intended (2) One copy of the final plat reduced to a to be filed in the chain of title of the scale of one inch equals 200 feet. property at the time the final plat is recorded. (c) Application deadlines. The subdivider shall file a complete final plat application with the city (6) A developer's contract, including the administrator or designee within one year of complete construction plans, specifica- preliminary plat approval. tions and performance security, shall be (Code 2003, § 82-142; Ord. No. 248(3rd series), submitted by the subdivider for all § 1, 9-14-2020) required public or private improvements which are to be installed and/or completed after final plat approval. Sec. 6.20.530. Staff review of the final plat. (7) A certificate of satisfactory completion signed by the city engineer shall be (a) Coordination. The city administrator or submitted by the subdivider for all designee shall coordinate the review of final plat required public and private improve- applications. CD6:303 § 6.20.530 (b) Referral to city staff. ORONO CODE (1) The city administrator or designee shall refer the application to all appropriate city staff personnel for review and certification. (2) The city administrator or designee shall review the final plat application for conformity with chapter 6.12 and this chapter and with the conditions and requirements of the preliminary plat approval, and shall certify their status to the council. (3) The city attorney shall review the record plat drawing, metes and bounds descrip- tions, easements, deeds, covenants, agree- ments and other documents for proper legal form, proper representation and complete execution by all required par- ties, all to uphold the interests of the city, and shall certify the approval to the council. (4) The city engineer shall: a. Review the record plat drawing, metes and bounds description, ease- ments, deeds, agreements and other documents for proper and complete legal property descriptions; b. Review and approve all construc- tion plans; C. Approve all construction estimates for work required to be completed after final plat approval; d. Issue, when completed, certificates of satisfactory completion for all work required to be completed prior to final plat approval; and e. Certify the approval and/or status of the above to the council. shall prepare all special assessment reap- portionments; and shall certify the above to the council. (6) Additional comments by other city staff personnel shall be submitted in writing to the city administrator or designee for inclusion in the record. (c) Requirements of other agencies. The subdivider shall submit to the city all written confirmation of official action taken by governmental agencies or jurisdictions subsequent to the approval of the preliminary plat. Such confirmation, including all necessary permits or authorizations, shall be submitted at the meet- ing at which the council will act on the final plat. (d) Final plat resolution. After review and certification of the final plat application, the city administrator or designee, shall prepare a resolu- tion of final plat approval or denial to be presented to the council. (Code 2003, § 82-143; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.540. Council review of the final plat. The council is the platting authority pursuant to Minn. Stats. § 462.358 and shall modify, approve or deny all final plat applications. (Code 2003, § 82-144; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.550. Effective period of final plat approval. (a) The intent of the plat approval process is that final approval will be granted only upon satisfactory completion of all requirements by the subdivider, in which case plat certification and recording will follow without delay. The final plat shall be recorded within one year of approval date. (5) The city finance director shall review all (b) Failure of the subdivider to complete any final plat applications as to tax status of or all requirements within this time period shall the property; the original, outstanding constitute a formal withdrawal of the proposed and proposed special assessment amounts plat. levied; and the payment and status of all (Code 2003, § 82-145; Ord. No. 248(3rd series), fees or charges imposed on the property; § 1, 9-14-2020) CD6:304 LAND USE Division 4. Subdivision Certification and Recording Sec. 6.20.610. Documents. (a) Required. The documents provided by the subdivider for final plat certification shall be the same documents certified by the city staff unless changes, alterations or additions are required by the resolution of final plat approval, in which case corrected documents shall be supplied by the subdivider. (b) Documents to be certified by the city. The following documents shall be certified by the city: (1) Two plastic film reproducible copies (in the case of Torrens property, three copies) of the plat. (2) Resolution of final plat approval; one copy provided by the city. (c) Additional documents. The following additional documents shall be recorded with the plat: (1) One original signed by the grantor of any required drainage, utility, road, access, open space, conservation or other ease- ment in the standard form as provided by the city. (2) One original signed by the grantor of any quitclaim deed or warranty deed dedicat- ing required land to the city or other governmental jurisdiction. (3) One original copy of any private covenant, homeowners' association agreement or other private restriction intended to be filed in the chain of title of the property at the time the final plat or survey is recorded. (4) One original copy of any required develop- ment contract in the standard form as provided by the city. (Code 2003, § 82-172; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.620. Staff certification. § 6.20.640 The city administrator, zoning administrator, city attorney, city engineer and city finance director or their designees shall each review the final legal documents and status of each plat proposal. Whenever the resolution of final plat approval requires changes, alterations or addi- tions prior to final plat certification, upon receipt of all corrected documents, the city administra- tor or designee shall refer the revised documents to the affected staff for their review and recertifica- tion. (Code 2003, § 82-173; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.630. Official plat certification. Upon receipt of the final staff certifications, the city clerk shall determine that there has been final staff approval and shall thereafter present the final plat drawings and resolution of final plat or survey approval for the endorse- ment of the signature of the mayor, or the acting mayor presiding in the absence of the mayor. Upon endorsement of the mayor, the city clerk shall attest to the mayor's signature and the final city approval of the plat by signature and affixing the seal of the city on the resolution of final plat approval. (Code 2003, § 82-174; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.640. Final acceptance of improvements. Final acceptance of all improvements and release of security shall be as and when set forth in the development contract and section 6.20.820. Final acceptance of all public improvements for which the city will thereafter be responsible shall be by separate motion of the city. The approval and certification by the city of a plat and/or the acceptance and recording of any ease- ment or deed shall not be deemed to constitute or imply acceptance by the city of any street, road, easement or parts shown on the plat or identified by easement or deed. (Code 2003, § 82-175; Ord. No. 248(3rd series), § 1, 9-14-2020) CD6:305 § 6.20.710 ORONO CODE Division 5. Exceptions ARTICLE IV. DESIGN STANDARDS AND REQUIRED IMPROVEMENTS Sec. 6.20.710. Certification procedure and limitations. Division 1. Generally (a) Upon request, the city administrator or designee shall, within ten days, certify that the following are excepted from this chapter: (1) A division of property where all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses; (2) Will create cemetery lots; (3) Is court ordered; or (4) Is an adjustment of a lot line by the relocation of a common boundary and no new nonconformities are created or an existing nonconformity is increased. (b) Procedure for exempted subdivisions. The owners of such lots to be certified shall file with the city administrator or designee a certificate of survey of the lots to be divided, and pay the required fee. Such certificate of survey shall show the dimensions of the lots, as measured upon the recorded plan, the area of the lots, all corner elevations, all existing structures, includ- ing dimensions to existing and proposed property lines, all visible encroachments, all easements of record, and their proposed division. A written description of the separately described tracts which will result from the proposed division shall be included on the survey. If the proposed certification complies with all of the require- ments of this section, it will be approved by the city administrator or designee and forwarded to the county for filing. (c) Limitations. The city administrator or designee shall not certify an adjustment of the lot line involving the same lot or parcel more than once every 365 days. The adjustment may be platted. (Code 2003, § 82-200; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.810. Special requirements for subdivisions involving public or private improve- ments. The following provisions apply to subdivi- sions: (1) Improvements. All public and/or private improvements required by the city to be completed by the subdivider after final plat approval shall be fully set forth in a development contract to be executed prior to final plat approval. All local streets in plats where sewer and water are not available shall be private unless otherwise approved by the city at preliminary plat approval. The city reserves the right to determine whether a road is to be public or private in all areas of the city. All improvements shall meet or exceed the minimum standards as illustrated on the city standard construction details, as amended and adopted by the city council from time to time. (2) Public roads. Public streets and roads will be required to be platted, constructed and dedicated to the city when required by the council consistent with the recom- mendations of the planning commission and the city staff and the established city practices and design standards. Public roads shall be subject to the conditions of a development contract to be executed prior to final plat approval. (3) Private roads. When the preliminary plat has been approved on the basis of a private access road providing the only access to three or more lots, the private road shall be identified on the final plat as a separate outlot. The private road shall be identified by name if the road serves four or more lots. Whenever a private road outlot is proposed, the subdivider shall be required to provide CD6:306 6 LAND USE § 6.20.810 for a permanent homeowners' associa- drainage easement subject to a flow- tion or road maintenance agreement age and conservation easement to acceptable to the city in order to ensure the city. ownership and maintenance of the road b. Whenever any wetlands, marshlands outlot. or lowland acting as a stormwater (4) Road and utilities easements. The council retention area occurs within any may require the subdivider to convey to portion of the subject tract, that the city certain road and utility ease- area shall be described consistent ments permitting public ingress, egress with established flood or water reten- and access over private roads as a condi- tion elevations, soil type tion of final plat approval. characteristics and vegetation characteristics as a drainage ease - a. Whenever a private access road is ment subject to a flowage and authorized, the required outlot shall conservation easement to the city. be included on and conveyed in a road and utilities easement in the C. Flowage and conservation ease - standard city form. ments may be described and conveyed by metes and bounds with b. Whenever areas of the plat are to be the ownership and maintenance set aside for public or private utility responsibilities remaining with the construction and use, such areas individual parcels. shall be described and dedicated for public use on the plat. This shall d. Whenever a flowage and conserva- include areas shown on record plat tion easement is required, the ease - drawings as drainage and utilities ment shall be fully executed prior to easements. final plat approval, using the legal descriptions of the final plat, and C. Whenever a road and utilities ease- shall thereafter be filed in the chain ment is required, the easement shall of title of the property concurrent be fully executed prior to final plat with the filing of the final plat. approval, using the legal descrip- tions of the final plat, and shall (6) Homeowners'association agreements. The thereafter be filed in the chain of council may require the subdivider to title of the property concurrent with create a viable homeowners' association, the filing of the final plat. acceptable to the city, which will be responsible for the ownership and (5) Flowage and conservation easements. The maintenance of, among other things, council may require the subdivider to common facilities, private roads, private convey to the city a flowage and conserva- sewer and water lines, open space, tion easement restricting the use, improve- pathways, drainageways, and drainage ment and development of certain portions ponds, and any improvements which are of the land to be subdivided. Flowage not to be accepted by the city for public and conservation easements will be made ownership and maintenance. a condition of final plat approval as follows: (7) Development contracts. The council may require the subdivider to execute a a. Whenever any open water, creek, development contract prior to final plat stream or natural drainageway approval. The development contract shall occurs in any portion of the subject set forth in the standard city form those tract, the floodplain or floodway of improvements required to be completed the lake, pond, stream, creek or as a condition of plat approval, the party drainageway shall be described as a responsible for the installation and CD6:307 § 6.20.810 ORONO CODE maintenance of the improvements, and the method of payment of the installa- tion and maintenance costs. (Code 2003, § 82-212; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.820. Assurance for completion and maintenance of required public or private improvements. The following provisions apply to subdivi- sions: (1) Completion of required public or private improvements. Before the mayor and city clerk sign a final plat, the subdivider shall complete or agree to complete at their cost all of the required public or private improvements as required in this chapter and as specified in the resolution approving the final plat and in the development contract, and in the case of public improvements, to dedicate them to the city, free and clear of all liens and encumbrances on the property and public improvements thus dedicated. (2) Performance security. a. The city may require the developer furnish security, in the amount of 125 percent of the cost of the improvements, to guarantee their completion. b. Such performance security shall comply with all statutory require- ments and be satisfactory to the city attorney as to form and manner of execution. The period within which the required public and private improvements must be completed shall be specified by the city in the resolution approving the final plat or in the development contract and shall not exceed two years from date of final plat approval. (3) Temporary improvement. The subdivider shall build and pay for all costs of temporary improvements required by the city and shall maintain them for the period specified by the city. Prior to construction of any temporary facility or improvement, the subdivider shall file with the city a separate suitable performance security for temporary facili- ties, which security shall ensure that the temporary facilities will be properly constructed, maintained and removed. (4) Cost of improvements. All required public and private improvements shall be made by the subdivider, at their expense, without reimbursement by the city. (5) Governmental units. Governmental units to which these security and contract provisions apply may file in lieu of a contract or bond a certified resolution or ordinance of that governmental unit's agreeing to comply with the provisions of this chapter. (6) Failure to complete required improve- ments. For plats for which no performance security has been posted, if the improve- ments are not completed within the period specified by the city in the resolution approving the final plat, the approval shall be deemed to have expired. In those cases where a performance security has been posted and required improvements have not been installed within the term of such performance security and resolu- tion approving the final plat, the city may thereupon declare the security in default and require that all improve- ments be installed regardless of the extent of the building development at the time the security is declared to be in default. Moreover, the city may withhold building permits and certificates of occupancy for lots in the plat until the required improve- ments have been installed. If the city undertakes the installation of the required private improvements, the city, by doing so, will not undertake the subsequent maintenance of those private improve- ments. (Code 2003, § 82-213; Ord. No. 248(3rd series), § 1, 9-14-2020) CD6:308 N LAND USE Sec. 6.20.830. Inspection of required public and private improve- ments. (a) General procedure and fees. The city may inspect required public and private improve- ments during construction. The applicant shall pay to the city an inspection fee based on the city engineers estimate enumerated in the develop- ment contract. If the city finds upon inspection that any of the required improvements have not been constructed in accordance with the city's construction standards and specifications, the subdivider shall be responsible for completing the improvements; and no building permits or certificates of occupancy shall be issued until the required improvements have been completed by the subdivider. (b) Release or reduction of performance security. (1) Certificate of satisfactory completion. The city will not accept dedication of required improvements, nor release nor reduce security, until the city engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the subdivider's engineer or surveyor has certified to the city engineer, through submission of a detailed as -built construc- tion drawing and survey plat of the subdivision, indicating location, dimen- sions, materials and other information required by the city, that the layout of the line and grade of all required improve- ments is in accordance with construction plans for the subdivision. The city may require that a title insurance policy be furnished to and approved by the city attorney, indicating that the required public improvements are free and clear of any and all liens and encumbrances. Upon such approval and recommenda- tions, the city may thereafter accept the public improvements for dedication in accordance with the established procedure. (2) Reduction of security. Security may be reduced upon actual dedication of public improvements or upon satisfactory completion of the private improvement § 6.20.850 and then only to the ratio that the improvement bears to the total required improvements for the plat. In no event shall security be reduced below ten percent of the principal amount until satisfactory completion of all required improvements. (Code 2003, § 82-214; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.840. Maintenance of required public and private improve- ments. (a) The subdivider shall be required to maintain all private improvements and provide for snow removal on streets and sidewalks until acceptance of such private improvements by a subsequent lot owner or homeowners' associa- tion. The subdivider shall be required to maintain all public improvements and provide for snow removal on streets and sidewalks until acceptance of such public improvements by resolution of the city. (b) The subdivider shall be required to file a warranty bond with the city, prior to the issu- ance of the certificate of satisfactory completion, in an amount considered adequate by the city engineer and in a form satisfactory to the city attorney in order to ensure the satisfactory condition of the required public and/or private improvements, on the individual subdivided lots for a period of one year after the date of the issuance of the certificate of satisfactory comple- tion. (Code 2003, § 82-215; Ord. No. 248(3rd series), § 1) 9-14-2020) Sec. 6.20.850. Deferral of required public or private improvements. (a) The city may defer at the time of the approval of the final plat, subject to appropriate conditions, the installation of any or all such public or private improvements as, in its judg- ment, are not requisite in the interest of the public health, safety and general welfare, or which are inappropriate because of the inadequacy or lack of connecting public or private improve- ments. CD6:309 M § 6.20.850 ORONO CODE (b) Whenever it is deemed necessary by the city to defer the construction of any public or private improvements required in this section because of incompatible grades, future planning, inadequate or lack of connecting public or private improvements, or for other reasons, the subdivider shall pay their estimated share of the cost of the future improvements to the city prior to the signing of the final plat; or the subdivider may post a security insuring completion of such improvements upon demand of the city. (Code 2003, § 82-216; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.860. Subdivisions straddling municipal and school district boundaries. Lot lines shall be laid out so as not to cross municipal and school district boundary lines. (Code 2003, § 82-217; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.870. Monuments. The applicant shall place permanent refer- ence monuments in the plat as required by statute. (Code 2003, § 82-218; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.880. Character of the land. Land which the council finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, soil conditions, rock formations, adverse earth formations or topography, utility easements, or other features which will reasonably be harmful to the safety, health and general welfare of the present or future inhabitants of the plat and/or its surround- ing areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the council, upon recommendation of the city engineer, to solve the problems created by the unsuitable land condi- tions. Such land shall be set aside for uses as shall not involve such a danger. (Code 2003, § 82-219; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.890. Plat name. The proposed name of the plat shall not duplicate, or too closely approximate phoneti- cally, the name of any other plat in the city covered by this chapter. The council shall have final authority to designate the name of the plat, which shall be determined at preliminary plat approval. (Code 2003, § 82-220; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.900. Drainage and storm sewers. (a) General requirements. The city shall not approve any plat which does not make adequate provision for stormwater or floodwater runoff. Surface water drainage patterns shall be shown for each lot and block. The stormwater drainage system shall be separate and independent of any sanitary sewer system. Storm sewers, where required, shall be designed by the method as approved by the city, and a copy of design computations shall be submitted along with plans. Inlets shall be provided so that surface water is not carried across or around any intersec- tion, nor for a distance of more than 600 feet in the gutter in urban areas. When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point; and basins shall be used to intercept flow at that point. (b) Nature of stormwater facilities. (1) Location. The subdivision shall be required by the city to carry away by pipe or open ditch any spring or surface water that may exist either previously to or as a result of the plat. Such drainage facili- ties shall be located in the road right-of- way where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the city's construction standards and specifications. (2) Accessibility to public storm sewers. a. Where a public storm sewer is acces- sible, the subdivider shall install storm sewer facilities; or, if no outlets are within a reasonable distance, CD6:310 LAND USE § 6.20.900 adequate provision shall be made (5) Floodplain areas. The city may, when it for the disposal of stormwaters, deems it necessary for the health, safety subject to the specifications of the or welfare of the population of the area city. and necessary to the conservation of b. If a connection to a public storm water, drainage and sanitary facilities, prohibit the subdivision of any portion of sewer will be provided eventually, the property which lies within the as determined by the city, the floodplain of any stream, lake or drain - subdivider shall make arrange- age course. These floodplain areas shall ments for future stormwater disposal be preserved from any and all destruc- by a public utility system at the tion or damage resulting from clearing, time the subdivision receives final grading or dumping of earth, waste mate - approval. Provision for such connec- rial or stumps by the appropriate tion shall be incorporated by inclu- conservation easement. sion in the performance bond required for the final subdivision. (c) Dedication of drainage easements. (3) Accommodation of upstream drainage (1) General requirements. Where a plat is areas. A culvert or other drainage facility traversed by a wetlands, swamp, shall in each case be large enough to watercourse, drainageway, channel or accommodate potential runoff from its stream, there shall be provided a storm - entire upstream drainage area, whether water easement, conservation and flow - inside or outside the subdivision. The age easement, or drainage right-of-way city shall determine the necessary size of conforming substantially to the lines of the facility, based on the provisions of the such watercourse, and of such width and construction standards and specifica- construction or both as will be adequate tions assuming conditions of maximum for the purpose. Wherever possible, it is potential watershed development permit- desirable that the drainage be maintained ted by chapter 6.12 and the community by an open channel with landscaped management plan. banks and adequate width for maximum potential volume of flow. (4) Effect on downstream drainage areas. The city shall also study the effect of (2) Drainage easements. each plat on existing downstream drain- age facilities outside the area of the plat. a. Where topography or other condi- City drainage studies, together with such tions are such as to make impracti- other studies as shall be appropriate, cal the inclusion of drainage facilities shall serve as a guide to needed improve- within road rights -of -way, perpetual ments. Where it is anticipated that the unobstructed easements of an additional runoff incident to the develop- appropriate width for such drainage ment of the plat will overload an existing facilities shall be provided across downstream drainage facility, the city property outside the road lines and may withhold approval of the plat until with satisfactory access to a public provision has been made for the improve- roadway. Easements shall be ment of the potential condition at the indicated on the plat. Drainage ease- subdivider's expense and in such sum as ments shall be carried from the the city shall determine. No plat shall be road to a natural watercourse or to approved unless adequate drainage will other drainage facilities. be provided to an adequate drainage b. When a proposed drainage system watercourse or facility. will carry water across private land CD6:311 W) co § 6.20.900 ORONO CODE outside the plat, appropriate drain- age rights must be secured and indicated. C. The subdivider shall dedicate, by drainage or conservation easement of land on both sides of existing watercourses, to a distance to be determined by the city. (Code 2003, § 82-221; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.910. Water facilities. (a) Public water systems. (1) Where a public water main is accessible, the subdivider shall install adequate water facilities, including fire hydrants, subject to the specifications of the state or city. (2) Water main extensions shall be approved by the city. (3) To facilitate the provisions of subsections (a)(1) and (2) of this section, the location of all fire hydrants and all water supply improvements and all improvements proposed to be served shall be shown on the preliminary plat, and the cost of installing such improvements shall be included in the performance bond to be furnished by the subdivider. (b) Individual wells. (1) In the discretion of the city, if a public water system is not available, individual wells may be used. Water samples shall be submitted to the state health depart- ment for its approval. (2) If the city requires that a connection to a public water main be eventually provided as a condition to approval of an individual well, the subdivider shall make arrange- ments for future water service at the time the plat receives final approval. (Code 2003, § 82-222; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.920. Sewerage facilities. (a) General requirements. Where public sanitary sewer is available, the subdivider shall install sanitary sewer facilities in a manner prescribed by the city's construction standards, specifications and provisions of this Code. All plans shall be designed in accordance with the rules, regulations and standards of the city, state health department, and other appropriate agen- cies. (b) Connection. Where a public sanitary sewer- age system is reasonably accessible, the applicant shall connect the system and provide sewers accessible to each lot in the plat. (c) Central system. In the Metropolitan Urban Service Area (MUSA), where public sanitary sewerage systems are not reasonably accessible but will become available within a reasonable time (not to exceed 15 years), the applicant may choose a central sewerage system. The maintenance cost shall be assessed against each property benefited. Where plans for future public sanitary sewerage systems exist, the applicant shall install the sewer lines, laterals and mains to be in permanent conformance with such plans and ready for connection to such public sewer mains. (d) Septic system. In the MUSA, and where sanitary sewerage systems are not reasonably accessible and will not become available for a period in excess of 15 years, the applicant may install a sewerage system in accordance with chapter 5.24, article Il. (e) Design criteria for sanitary sewers. (1) Generally. These design criteria are not intended to cover extraordinary situa- tions. Deviations will be allowed and may be required in those instances where considered justified by the city. (2) Design factors. Sanitary sewerage systems should be designed for the ultimate tributary population. Due consideration should be given to the community manage- ment plan. Sewer capacities should be adequate to handle the anticipated maximum hourly quantity of sewage and industrial waste together with an CD6:312 (a co LAND USE adequate allowance for infiltration and other extraneous flow. Sewers shall be designed in accordance with standards and specifications approved by the city. (Code 2003, § 82-223; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.930. Utilities. (a) Location. All utility facilities, including, but not limited to, gas, electric power, telephone and CATV cables, shall be located underground throughout a plat. Wherever existing utility facilities are located above ground, except where existing on public roads and rights -of -way, they shall be removed and placed underground. All utility facilities existing and proposed throughout the plat shall be shown on the preliminary plat. Underground service connections to the street property line of each platted lot shall be installed at the subdivider's expense. At the discretion of the city, the requirements for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use. (b) Easements. Easements centered on rear and side lot lines shall be provided for utilities (private and municipal), and such easement shall be at least ten feet wide and have satisfac- tory access to the publicly dedicated and opened road. Easements shall be indicated on the plat. Proper coordination shall be established between the subdivider and the applicable utility companies for the establishment of utility ease- ments established in adjoining properties. (Code 2003, § 82-224; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.940. Preservation of natural features and amenities. (a) Generally. (1) Existing features which would add value to residential development or to the city as a whole, such as trees, watercourses and falls, beaches, historic spots, and similar irreplaceable assets, shall be preserved in the design of the plat. § 6.20.950 (2) No trees shall be removed from any plat nor any change of grade of the land effected until approval of the preliminary plat has been granted. All trees on the plat required to be retained shall be preserved, and all trees where required shall be welled and protected against change of grade. The vegetation map shall show the number and location of existing trees, as required by this chapter, and shall further indicate all those marked for retention, and the location of all proposed shade trees required along the street side of each lot as required by this chapter. (b) Deciduous trees planted by subdivider. (1) As a requirement of subdivision approval, the city may require that the subdivider plant deciduous trees on the property of the subdivision. Such trees are to be planted within five feet of the right-of- way of the roads within and abutting the subdivision, or, at the discretion of the city, within the right-of-way of such roads. One tree shall be planted for every 40 feet of frontage along each road unless the council, upon recommendation of city staff, shall grant a waiver. (2) New trees to be. provided pursuant to this chapter shall be approved by the city and shall be planted in accordance with the specifications of the city. Such trees shall have a minimum trunk diameter, measured 12 inches above ground level, of not less than two inches. Only oak, honey locust, hard maples, or other long- lived shade trees acceptable to the city shall be planted. Alternatively, the city may accept trees recommended for street use by University of Minnesota Exten- sion —Forestry, Northwest and Central regions and appropriate for the soil condi- tions. (Code 2003, § 82-225; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.950. Parks and playgrounds. (a) Lands for public use. (1) The city finds that when land is developed, including a planned residential develop- CD6:313 § 6.20.950 ORONO CODE ment or a planned unit development, the resulting additional housing units or com- mercial/industrial buildings have an impact on the city's park system. Therefore, pursuant to Minn. Stats. § 462.358, subd. 2b, the city requires all persons, corporations or other legal enti- ties that develop land within the city, as a prerequisite to approval of a lot divi- sion, final plat, planned residential development or planned unit develop- ment, to convey to the city or dedicate to the public, for use as parks, playgrounds, trails or open space, a proportionate share of the land being developed as specified in this section, such portions to be approved by the city. Further, the city finds that the density of a proposed project impacts the park system, higher density projects, with less private area for recreation, have greater needs for and impacts on the public park system than larger lots with ample private green space. (2) Any increase in density of subdivisions shall be reviewed for reconsideration of park land and/or cash contribution requirements. (b) Dedicated land requirements. Any land to be dedicated as a requirement of this section shall be reasonably adaptable for the public purposes listed in subsection (a) of this section. Factors used in evaluating the adequacy of proposed dedicated areas shall include size, shape, topography, drainage, geology, tree cover, access and location. (1) When a proposed park, playground, recreation area, trail or other public ground has been indicated in the city's official map or comprehensive plan and is located in whole or in part within a proposed subdivision, it shall be designated as such on the plat and shall be conveyed to the city. If the developer elects not to dedicate an area in excess of the land required hereunder for such proposed public site, the city may consider acquiring the site through purchase or condemnation. (2) Land area conveyed or dedicated to the city shall not be used in calculating density requirements of this chapter and shall be in addition to and not in lieu of open space requirements as may be required. (3) The city, upon consideration of the particular type of development, may require lesser parcels of land to be conveyed to the city if the city determines that present or future residents would require lesser land for park and playground purposes. (c) Land dedication minimum area. The developer shall be required to dedicate to the city for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percent- age of gross land area, or other such amount as may be determined by the city council, as set forth below: (1) In residential/agricultural/multiple residential zoned land, dedication require- ment of 0.10 acres per additional residential household being developed. The dedication required shall be roughly proportional to the projected impact of the proposed development on the city's park system. (2) In commercial/industrial zoned land, dedication requirement of 0.1 acres for every acre of land being developed, or for every 14 expected employees, whichever is greater. The dedication required shall be roughly proportional to the projected impact of the proposed development on the city's park system. The city finds that the employees of commercial/ industrial developments in the city make use of the city's park system, particularly trails and natural areas. Because the city's park system is focused on trails and natural areas versus active com- munity parks and ballfields, commercial/ industrial employees use the city's park system in ways similar to city residents. Therefore, the commercial/industrial dedication requirement will be tied to the residential dedication requirement CD6:314 LAND USE by determining the number of employees that is equivalent to a residential dwell- ing unit in terms of impact on the city's park system. (3) The form of contribution (cash, land, or any combination) shall be determined at the discretion of the city council. (d) Cash contribution in lieu of lands. In those instances where a cash contribution is to be made by the developer, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the land to be dedicated. The city shall account for such funds in a special fund named park dedication funds. These funds are to be used only for the acquisition, development and improvement of public parks, playgrounds, trails, wetlands or open spaces, and debt retirement in connection with the foregoing. (e) Cash contribution maximum. In those instances where the anticipated park needs are greater than the number of acres to be developed, the city may establish a park dedication maximum: (1) Residential density of three units per acre or less: maximum four percent of the predeveloped value. (2) Residential density of 3.1 to eight units per acre: maximum eight percent of the predeveloped value. (3) Residential density of 8.1 to 15 units per acre: maximum 12 percent of the prede- veloped value. (4) Residential density of 15.1 units per acre or more: maximum 20 percent of the predeveloped value. (f) Fair market value of lands. Fair market value for purposes of this section shall be the land predevelopment value to be determined by the city council as of the time of preliminary plat application in accordance with the following: (1) Recommendation of the county assessor. (2) The developer and the city agree on the predevelopment value of the land. § 6.20.950 (3) If agreement is not reached, the fair market value shall be determined in accordance with the following: a. Fair market value as determined by the city council based upon a cur- rent appraisal submitted to the city by the developer, at their expense. The appraisal shall be made by appraisers who are approved members of SREA or MAI, or equivalent real estate societies. b. If the city disputes such appraisal amounts, it may obtain an appraisal of the property by a qualified real estate appraiser which the city council selects and which appraisal may be accepted by the city as being an accurate appraisal at fair market value. The cost of the appraisal shall be paid by the developer. (4) The determination of fair market value of the undeveloped land by the city asses- sor, city council or designated appraisers shall be determined at the time of final approval. (g) Future subdivision. Any land which is further subdivided, divided or applied for such subdivision, division subsequent to May 1, 1990, shall be subject to the requirements of the ordinance then in effect concerning dedication of land for public purposes; and credit shall be given for any charges previously imposed upon that land if the developer can prove that fees were previously paid. In no event shall the city be liable for any payment which may be due because of a subsequent reduction in the applica- tion percentage of land or equivalent market value in cash to be dedicated. (h) Request for deviation. The dedication requirements based on the development's proportional share of the city park system are presumptively appropriate. A developer may request a deviation from the presumptive require- ments based upon the anticipated impact of that particular subdivision. The request must be made to the council as part of an application for final plat approval. (Code 2003, § 82-226; Ord. No. 248(3rd series), § 1, 9-14-2020; Ord. No. 268(3rd series), § 1, 2-14-2022) CD6:315 § 6.20.1010 Division 2. Lots Sec. 6.20.1010. Security to include lot improvement. ORONO CODE The security required shall include an amount to guarantee completion of all requirements contained in this division, including, but not limited to, erosion control, soil preservation, final grading, lot drainage, land stabilization, removal of debris and waste, fencing, and all other lot improvements required by the city. (Code 2003, § 82-251; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.1020. Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing build- ing permits to build on all lots in compliance with chapter 6.12 and in providing driveway access to buildings on such lots from an approved street. (Code 2003, § 82-252; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.1030. Lot dimensions. Lot dimensions shall comply with the minimum standards of chapter 6.12. Where lots are more than double the minimum required area for the zoning district, the city may require that such lots be arranged so as to allow further subdivi- sion and the opening of future streets where they would be necessary to serve such potential lots, all in compliance with chapter 6.12. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum yard setback from both streets. Depth and width of properties reserved or laid out for business, commercial or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established in chapter 6.12. Notwithstanding the required width of each lot, each lot shall maintain a minimum frontage of 18 feet on a public or private street, or access outlot. (Code 2003, § 82-253; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.1040. Lot area, minimum. (a) In areas not served by sanitary sewer, each lot must contain a minimum of two acres of contiguous dry buildable land exclusive of public rights -of -way, vehicular easements, or areas at or below the floodplain elevation for a specific property. (b) In areas served by sanitary sewer, each lot must contain contiguous dry buildable land equal to the minimum areas as prescribed in chapter 6.12 or half -acre, whichever is less (exclusive of public rights -of -way, vehicular easements, or areas at or below the floodplain elevation for a specific property), and have legal access to the building site without encroachment of a wetland or floodplain area. (c) Outlots. Outlots are not intended for development except for the purpose in which they are created, which may include streets, stormwater management, monument signs, etc. Outlots intended for future development shall not be subject to development fees until they are platted as buildable lots. (Code 2003, § 82-254; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.1050. Lakeshore lots. (a) The granting of easements which purport to grant access to the lake to any person for any uses, including, but not limited to, docking, mooring, swimming and launching of boats, is prohibited and shall be deemed a violation of this chapter and subject to all of the penalties and proceedings as set forth in this chapter. (b) Exception. An owner of a riparian lot within the RS Seasonal Recreational District may grant an easement over their riparian, RS zoned property to benefit a non -riparian, RS zoned property for lake access purposes. (Code 2003, § 82-255; Ord. No. 248(3rd series), § 1, 9-14-2020) CD6:316 LAND USE § 6.20.1060 Sec. 6.20.1060. Double -frontage lots, parcel into numerous lots if creation access to lots, and front/ of a back lot is merely a convenience back lot divisions. to the developer rather than sup - (a) Double -frontage lots. Double -frontage and ported by unique site factors. reversed -frontage lots shall be avoided except C. A frontiback lot division shall not be where necessary to provide separation of allowed when any existing residence residential development from traffic arterials or on a neighboring property abutting to overcome specific disadvantages of topography the proposed access outlot is located and orientation. nearer its affected side lot line than a distance equivalent to the zoning (b) Access from any arterial roadway. Lots district required front yard depth. shall not, in general, derive access exclusively from an arterial roadway. Where driveway access (2) Dimensional standards. Dimensional from any arterial roadway may be necessary for standards for back lots shall be as fol- several adjoining lots, the council may require lows: that such lots be served by a combined access a. Lot area shall be 150 percent of the drive in order to limit possible traffic hazard on zoning district requirement. such roadway. Where possible, driveways shall Wetlands may be allowed as area be designed and arranged so as to avoid requir- credit for meeting the 150 percent ing vehicles to back into traffic on any arterial back lot area requirement, as long roadway. as the back lot contains sufficient (c) Front/back lot subdivisions. Flag lots shall contiguous dry buildable land to not be created. For the purposes of this chapter, satisfy the minimum acreage a flag lot shall be defined as a lot so shaped such requirement of the underlying zoning that the main building site is set back from the district. street on which it fronts and includes an access b. Lot width measured parallel to the strip connecting the main building site with the front or street lot line at the street fronting street. Front/back lot divisions shall be yard setback line of a lakeshore allowed only in conjunction with the creation of a back lot, or at the rear of the front separate outlot to provide access from the back yard setback line of a non-lakeshore lot to the public or private road. Such outlot back lot, shall meet the zoning shall not be allowed as creditable lot area for district width requirement. The either the back or front lots. Front/back lot street yard or front yard for any subdivisions shall adhere to the following back lot will be a yard starting standards: where the narrow access outlot cor- (1) Applicability. ridor ends and the lot begins. Lake- shore back lots shall meet the lot a. Front/back lot divisions may be used width standard at the shoreline, at when existing property dimensions the lakeshore setback line and at are narrow and deep, such that lot the street yard setback line. width does not allow for a side -by - side lot split, but acreage is adequate C. The depth of the required street to provide a front lot and a back lot yard or front yard shall be 150 without requiring an area variance percent of the zoning district front when the area of the outlot access yard requirement. corridor is excluded. d. The required side yard and rear b. Front/back lot divisions may be used yard depths for back lots shall be for individual lot splits but may not 150 percent of the zoning district be used when subdividing a large yard requirements. The required CD6:317 N W § 6.20.1060 ORONO CODE Lakeshore yard of a lakeshore back lot shall meet the zoning district lakeshore yard requirements. (3) Dimensional standards for front lots. A front lot created as part of a front/back lot division shall meet all zoning district area, width and setback standards; except that the required side yard of the front lot adjacent to the access outlot shall be equivalent to the side street yard require- ment for that zoning district. (4) Access requirements. a. Access outlots shall be wide enough to accommodate drainage, snow removal and screening without encroaching on neighboring proper- ties. In no case shall an outlot be narrower than 30 feet in width. b. In approving front/back lot divi- sions, the city may require that both front lot and back lot share a driveway access within the access outlot if the council determines that creating an additional access to the existing street will be a potential safety hazard. C. Driveways within a back lot shall be located at least ten feet from the side or rear lot lines of adjacent lots. d. No more than two residences may be served by a driveway located within an access outlot. e. No access outlot may be platted abutting an adjacent outlot except when the intent is to combine the two access outlots for creation of a public or private road meeting city standards. (5) Screening requirements and accessory structure standards. Front/back lot subdivisions shall be designed in a manner such that the screening requirements and accessory structure standards can be met. (6) Effective date. The requirements and standards of this section shall apply only to those front/back lot divisions which received preliminary plat approval after January 1, 1994. (Code 2003, § 82-256; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.1070. Soil preservation, grading and seeding. (a) Soil preservation and final grading. No certificate of occupancy shall be issued until final grading has been completed in accordance with the approved final subdivision and the lot precovered with soil with an average depth of at least six inches, which shall contain no particles over two inches in diameter over the entire area of the lot, except that portion covered by build- ings or included in streets, or where the grade has not been changed. Topsoil shall not be removed from residential lots or used as spoil but shall be redistributed so as to provide at least three inches of cover on the lots and boulevards. (b) Lawn grass seed and sod. All disturbed areas shall be stabilized with a vegetative mix approved by the city engineer. No certificate of occupancy shall be issued until the disturbed areas meet the standard of final stabilization, as defined in section 6.16.050; except that during the period of the year when seed cannot be sown, the property owner and/or developer shall submit an agreement in writing to assure that re - spreading of soil and seeding of lawn will be done during the immediate following planting season, and shall leave a security in a form acceptable to the city for performance in such an amount as shall be determined by the city. The developer may choose to include final lot grading and required lawn grass seeding improvements in a development contract and shall leave a security in a form acceptable to the city for performance in such an amount as shall be determined by the city. Sod may be used to comply with any requirements of seeding set forth in this section. (c) Lot drainage. Lots shall be graded so as to provide positive drainage away from all build- ings, and individual lot drainage shall be coordinated with the general storm drainage CD6:318 N N LAND USE pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots. (Code 2003, § 82-257; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.1080. Debris and waste. No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materi- als of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy on a subdivi- sion, nor shall any be left or deposited in any area of the subdivision at the time of expiration of the performance security or dedication of public improvements, whichever is sooner. (Code 2003, § 82-248; Ord. No. 248(3rd series), § 1, 9-14-2020) Division 3. Roads and Public Ways Sec. 6.20.1110. Design standards. (a) Generally. In order to provide for roads of suitable location, width and improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation and road maintenance equip- ment, and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, the following design standards for roads are required: (1) Road surfacing and improvements. After the sewer and water utilities have been installed by the subdivider, the subdivider shall construct all road pavement, shoulders, drainage improvements and structures, curbs, culs-de-sac, and sidewalks in conformance with all construction standards and specifica- tions adopted by the city and shall be incorporated into the construction plans required to be submitted to the subdivider for final subdivision approval. (2) Rights -of -way. Rights -of -way shall be in accordance with the following performance standard: a. Minimum right-of-way widths. § 6.20.1110 Principal arterial, intermediate arterial As recommended by the state department of transportation Minor arterial 80 feet Collector 70 feet Local 50 feet Parkway 100 feet Cul-de-sac 150 feet radius b. Rights -of -way are needed for future roadways in the opinion of the city. C. Right-of-way widths or additional widths in existing rights -of -way in excess of the standards designated in this chapter when, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall not be in excess of 3: 1. (b) Railroads and limited -access roadways. Railroad rights -of -way and limited -access roadways where so located as to affect the subdivi- sion of adjoining lands shall be treated as fol- lows: (1) In residential districts, a buffer strip at least 25 feet in depth shall be provided adjacent to the railroad right-of-way or limited -access roadway. (2) In districts zoned for business, com- mercial or industrial uses, the nearest street extending parallel or approximately parallel to the railroad shall be at a sufficient distance to ensure suitable depth for commercial or industrial sites. (3) Streets parallel to the railroad when intersecting a street which crosses the railroad at grade shall be at a distance of at least 150 feet from the railroad right- of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients. (4) Roadways crossing the railroads shall be avoided. CD6:319 M N W § 6.20.1110 (c) Intersections. ORONO CODE (1) Roadways shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two new streets at an angle or less than 75 degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet from the intersection. Not more than two streets shall intersect at any one point unless specifically approved by the city. (2) Proposed new intersections along one side of an existing street shall coincide with any existing intersections on the opposite side of such street. Intersection jogs with centerline offsets of less than 150 feet shall not be permitted, except where the intersected street has separated dual drives without median breaks at either intersection. Where streets intersect collectors or arterials, their align- ment shall be continuous. Intersections of arterial roadways shall be at least 800 feet apart. (3) Minimum curb radius at the intersection of two local streets shall be at least 15 feet, and minimum curb radius at an intersection involving a collector street or local streets in a commercial or industrial area shall be at least 25 feet. Alley intersections and abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement. (4) Intersections shall be designed with a flat stopping area of at least 30 feet in a residential area and 60 feet in a com- mercial or industrial area. The stopping area shall be designed to provide a maximum grade of two percent. (5) Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the subdivider shall cut such ground and/or vegetation (including trees) in connec- tion with the grading of the right-of-way to the extent deemed necessary by the city to provide an adequate sight distance. (6) The crown of all streets, including intersec- tions, shall be three percent or less. (d) Typical section. Typical sections shall be as prescribed in the city's standard construction details, as amended from time to time. Soil borings may be required to be determined by the city. (1) Private street, residential: Units ROW' (feet) MPW2 (feet) 3-6 50 24 Over 6 50 28 Cul-de-sac 50 radii 45 radii (2) Public street, residential: Units ROW' (feet) MPW2 (feet) 3-10 50 28 Over 10 50 32 Cul-de-sac 50 45 radii Maximum cul-de-sac length = 1,000 feet. Maximum number of units on cul-de-sac = ten. (3) Public street, commercial or industrial: Units ROW' (feet) MPW2 (feet) 1+ 70 32 Cul-de-sac 50 45 'Right-of-way width. 2Minmmum paved width. (e) Horizontal and vertical control. Horizontal and vertical control shall be as follows: Vertical Horizontal Control Control Design Maximum Minimum Speed Gradient Radius Functional Class (mph) (percent) (feet) Private street 30 12 275 (residential) Public street 30 10 275 (residential) Public street 40 S 400 (commercial and industrial) (Code 2003, § 82-281; Ord. No. 248(3rd series), § 1, 9-14-2020) CD6:320 le N W LAND USE Sec. 6.20.1120. Off -site premises; roadways. (a) Access to improved public or private roadways. No subdivision shall be approved unless the area to be subdivided shall have adequate access from an existing publicly dedicated and opened roadway or on a private roadway open to travel or vehicular use pursuant to an easement between persons or between persons and the city. Such roadway must be suitably improved as required by the city, the state or the county. If the public roadway, including, but not limited to, existing bridges, drainage structures, lighting, shoulders, base, pavement, alignment or sight distance, is not suitable to handle the proposed additional vehicular traffic from the subdivision, the subdivider at their expense will be responsible for first improving the public roadway to a standard acceptable to the city, to ensure that the health, safety and welfare of the citizens presently using the roadway and in the future will be protected and will not be adversely affected by the increased use of the roadway caused by the subdivision. This improvement shall be accomplished prior to final subdivision approval unless the city agrees and the subdivider provides a suitable performance bond to complete the improvements in the development contract. (b) Access to improved public roadways over existing private roadways. Wherever the area to be subdivided is to utilize an existing private roadway in order to gain access to the public roadway, such private roadway shall be suitably improved as provided in this section for public roadways. (Code 2003, § 82-282; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.1130. On -site roadways. (a) Grading and improvement plan. Roadways shall be graded and improved to conform to the city's construction standards and specifications and shall be approved as to design and specifica- tions by the city engineer, in accordance with the construction plans required to be submitted prior to final subdivision approval. (b) Topography and arrangement. (1) Roadways shall be related appropriately to the topography. Roadways shall be § 6.20.1130 curved wherever possible to avoid conformity of lot appearance. All roadways shall be arranged so as to obtain as many as possible of the building sites at or above the grades of the street. Grades of streets shall conform as closely as pos- sible to the original topography. A combination of steep grades and curves shall be avoided. (2) All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated rights -of - way as established in the community management plan. (3) All thoroughfares shall be properly related to specific traffic generators, such as industries, business districts, schools, churches, and shopping centers; to popula- tion densities; and to the pattern of existing and proposed land uses. (4) Roadways shall be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of roadways necessary to provide convenient and safe access to property. (5) The gridiron roadway pattern need not necessarily be adhered to, and the use of curvilinear roadways or U-shaped roadways shall be encouraged where such use will result in a more desirable layout. (6) Culs-de-sac shall be discouraged; proposed roadways shall be extended to the bound- ary lines of the tract to be subdivided unless prevented by topography or other physical conditions or unless in the opinion of the city such extension is not neces- sary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts. (7) In business and industrial develop- ments, the roadways and other access - ways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provisions of alleys, CD6:321 R § 6.20.1130 ORONO CODE truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian. (c) Blocks. (1) (2) Blocks should have sufficient width to provide for two tiers of lots of appropri- ate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to arterial roadways, railroads or waterways. In all blocks, the city shall require the reservation of an easement through the block to accommodate utilities, drainage facilities or pedestrian traffic. Pedestrian ways or crosswalks, not less than ten feet wide, may be required by the city through the center of blocks more than 800 feet long where deemed essential to provide circulation of access to schools, playgrounds, shopping centers, transportation or other community facili- ties. Blocks designed for industrial uses shall be of such length and width as may be determined suitable by the city for prospective use. (d) Access to primary arterials. Where a subdivision borders on or contains an existing or proposed arterial, the city may require that access to such roadways be limited by one of the following means: (1) (2) (3) The subdivision of lots so as to back onto the arterials and front onto a parallel local or collector roadway; no access shall be provided from the arterial, and screen- ing shall be provided in a strip of land along the rear property line of such lots. A series of culs-de-sac, U-shaped streets, or short loops entered from and designed generally at right angles to such a paral- lel street, with the rear lines of their terminal lots backing onto the arterial. A marginal -access or service road separated from the arterial by a planting or grass strip and having access to the arterial at suitable points. (e) Road names and street addresses. The city shall name all roads at the time of preliminary subdivision approval and assign street addresses. Names shall be sufficiently different in sound and in spelling from other road names in the area so as not to cause confusion. A road which is or is planned as a continuation of an existing road shall bear the same name. (f) Road regulatory signs. All road signs shall be installed prior to issuance of building permits for any residence on the streets approved. The city shall place all signs at the developer's expense at all intersections within or abutting the subdivision, the type and location of which shall be approved by the city. (g) Reserve strips. The creation of reserve strips shall not be permitted adjacent to a proposed street in such a manner as to deny access from adjacent property to such street. (h) Construction of roads and dead-end roads. (1) Construction of roads. The arrangement of streets shall provide for the continua- tion of streets between adjacent proper- ties when such continuation is necessary for access, convenient movement of traf- fic, effective fire protection, for efficient provision of utilities, and where such continuation is in accordance with the city community management plan. If the adjacent property is undeveloped and the street must be a dead-end street temporar- ily, the right-of-way shall be extended to the property line and a temporary cul-de- sac provided. The city may limit the length of temporary dead-end streets in accordance with this chapter. (2) Dead-end roads (permanent). Where a road does not extend to the boundary of the subdivision and its continuation is not required by the city for access to adjoining property, its terminus shall not be nearer to such boundary than 50 feet. However, the city may require the reserva- tion of an appropriate easement to accom- modate drainage facilities, pedestrian traffic or utilities. A cul-de-sac shall be provided at the end of a permanent dead- CD6:322 end street in accordance with the city's construction standards and specifica- tions. (Code 2003, § 82-283; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.1140. Road dedication and reservations. (a) New perimeter streets. Street systems in new subdivisions shall be laid out so as to eliminate or avoid new perimeter half -streets. Where an existing half -street is adjacent to a new subdivision, the other half of the street shall be improved and dedicated by the subdivider. The city may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right-of-way width within his own subdivision boundaries. (b) Widening and realignment of existing roads. Where a subdivision borders an existing narrow road or when the community management plan or some other agency indicates plans for realign- ment or widening a road that would require use of some of the land in the subdivision, the subdivider shall be required to improve and dedicate at their expense such areas for widen- ing or realignment of such roads. Such frontage roads and streets shall be improved and dedicated by the subdivider at their own expense to the full width as required by this chapter. (c) Use of reserved land. Land reserved for any road purposes may not be counted in satisfy- ing yard or area requirements of chapter 6.12, whether the land is to be dedicated to the city in fee simple or an easement is granted to the city. (Code 2003, § 82-284; Ord. No. 248(3rd series), § 1, 9-14-2020) Sec. 6.20.1150. Pedestrian access. The council may require sidewalks or other pedestrian trails in order to facilitate pedestrian access from the roads to schools, parks, playgrounds or other nearby roads. Sidewalks shall be five feet in width and trails no more than eight feet in width. (Code 2003, § 82-285; Ord. No. 248(3rd series), § 1, 9-14-2020) § 6.24.010 Division 4. Conservation Design Sec. 6.20.1200. Conservation design required. The following residential subdivisions shall be subject to the provisions of chapter 6.12, article XII. (1) All proposed residential subdivisions greater than five acres in total area and proposing Urban medium or higher densi- ties (greater than three units per acre) (2) All proposed residential subdivisions greater than seven acres and proposing two acre minimum lot size or smaller. (3) The city council may waive this require- ment due to the nature of the proposed subdivision. (Code 2003, § 82-300; Ord. No. 248(3rd series), § 1, 9-14-2020) CHAPTER 6.24. BUILDINGS AND BUILDING REGULATIONS* ARTICLE I. IN GENERAL Sec. 6.24.010. Permits and special require- ments for moving buildings. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Street means all streets and highways in the city which are not state trunk highways, county state -aid highways, or county roads. (b) Moving permit required and application. (1) It is unlawful for any person to move a building on any street without a moving permit from the city. (2) The application for a moving permit shall state the approximate size and weight of the structure or building proposed to be *State law reference —Authority to regulate building construction, Minn. Stats. § 412.221, subd. 28. CD6:323 ti N to § 6.24.010 ORONO CODE moved, together with the places from and to which it is proposed to move the structure or building, and proposed route to be followed, proposed dates and times of moving and parking, and the name and address of the proposed mover. Such application shall also state any municipal utility, street and public property repairs or alterations that will be required by reason of such movement. (c) Permit and fee. The moving permit shall state the date of moving, hours, routing, move- ment and parking. Permits shall be issued only for moving buildings by building movers licensed by the state. Fees to be charged shall be separate for each of the following: (1) A moving permit fee to cover use of streets and route approval; and (2) A fee equal to the anticipated amount required to compensate the city for any municipal utility and public property (other than streets) repairs or altera- tions occasioned by such movement, which shall be paid in advance. (d) Building permit and code compliance. Before any building is moved from one location to another within the city, or from a point of origin without the city to a destination within the city, regardless of the route of movement, it shall be inspected and a building permit shall have been issued for at least the work necessary to bring it into full compliance with the state building code, including site, utility, and founda- tion work. (e) Proof of tax payment. It is unlawful to move any building (including a manufactured home) if the point of origin or destination (or both) is within the city, and regardless of the route of movement, without having paid in full all real and personal property taxes and special assessments due on the building, and filing written proof of such payment with the city. (Code 1984, § 12.06; Code 2003, § 86-1; Ord. No. 255(3rd series), § 1, 4-12-2021) State law reference —Moving of buildings, Minn. Stats. § 221.81. Sec. 6.24.020. Permit to use public property. It is unlawful for any person to improve or maintain improvements on public property for a private use without first obtaining a permit from the city. In all instances, the improvement shall be temporary and subject to the city's right to require removal or restoration, or both; and upon the failure of the permittee to take such action, the city may remove and restore and hold the permittee responsible for the cost. (Code 1984, § 12.07; Code 2003, § 86-2) Sec. 6.24.030. Clean fill. (a) Clean fill shall be 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 dim.) shall not be considered clean fill. (b) Land alterations involving filling and grad- ing activities, whether requiring permits or not, shall be performed with clean fill only, as described in subsection (a) of this section. (Code 1984, § 12.09; Code 2003, § 86-3) Sec. 6.24.040. Vacant buildings. It is unlawful for the owner of any property to keep or allow to exist any vacant building which is open to trespass or is not secured against unauthorized entry. When an unsecured build- ing is found, the building official shall post the premises and shall issue orders in person or by mail to the last known owner of record requiring that the building be secured within 48 hours. Failure to secure the building upon issuance of such orders shall be cause for the city to properly secure the building, to cause the costs to be charged against the property as provided by Minn. Stats. § 463.251, and to commence hazard- ous building proceedings pursuant to Minn. Stats. §§ 463.15 through 463.261. (Code 1984, § 9.56(1); Code 2003, § 86-4) Sec. 6.24.050. Damaged buildings. It shall be the duty of the owner of any building damaged by fire, flood, explosion, storm, CD6:324 co N W LAND USE earthquake, riot or act of God to such extent that the building is not immediately habitable to secure such building or premises against trespass or other unauthorized entry within 48 hours of such occurrence, and to provide guard over the premises until the time such building is secured. Further, such damaged building shall be repaired or demolished and all debris removed from the property within six months of such occurrence. Failure to comply with the provisions of this section shall be cause for the city to commence hazardous building proceedings pursuant to Minn. Stats. §§ 463.15 through 463.261. (Code 1984, § 9.56(2); Code 2003, § 86-5) ARTICLE II. BUILDING CODE* Division 1. Generally Sec. 6.24.110. Correction of violations required. The owner and/or occupant of any property upon which any work has been done in violation of any building code or zoning requirement shall be responsible for obtaining a permit and/or for correcting, removing or abating such violation within 30 days after notice from the city that such violation exists. (Code 1984, § 12.02; Code 2003, § 86-36) Sec. 6.24.120. Unlawful acts. It is unlawful for any person to: (1) Do any work without first obtaining a required permit from the city authoriz- ing such work. (2) Do any work beyond or outside the scope of a permit issued by the city. (3) Do any work prior to obtaining a required inspection and approval from the city, including failure to request any required inspection. Additionally, no work shall be done beyond the point indicated in each successive inspection. *State law reference —State building code, Minn. Stats. § 32613.101-.16 et seq. § 6.24.140 (4) Fail to comply with the terms or condi- tions of a permit issued by the city, including failure to comply with all build- ing or zoning requirements. (5) Fail to comply with any correction orders lawfully issued by the city when any work done is found to be in violation of or noncompliance with permit require- ments. (6) Fail to stop or suspend work on any project or portion of a project in accordance with a lawfully issued stop work order. (7) Fail to pay any permit fee, inspection fee or reinspection fee. (8) Fail to comply with the terms and condi- tions of any building or zoning occupancy certificate. (Code 1984, § 12.08; Code 2003, § 86-37; Ord. No. 300(3rd series), § 1, 3-11-2024) Sec. 6.24.130. Codes adopted by reference. The state building code, as adopted by, the commissioner of administration pursuant to Minn. Stats. §§ 326B.101 through 326B.16, including all of the amendments, rules and regulations established, adopted and published from time to time by the state commissioner of administra- tion, through the building codes and standards division is hereby adopted by reference with the exception of the optional chapters, unless specifi- cally adopted in this ordinance. The state build- ing code is hereby incorporated in this section as if fully set out herein. (Code 1984, § 12.01(1); Code 2003, § 86-38; Ord. No. 134(2nd series), 4-10-1995; Ord. No. 188(2nd series), § 4, 6-5-1999; Ord. No. 24(3rd series), § 1, 3-28-2005; Ord. No. 255(3rd series), § 2, 4-12-2021) Sec. 6.24.140. Application, administration and enforcement. (a) The application, administration, and enforcement of this code shall be in accordance with the state building code, Minn. Stats. § 32613.121, as amended from time to time. CD6:325 0 N W § 6.24.140 ORONO CODE (b) The code enforcement agency of this municipality is called the community develop- ment department. (c) This code shall be enforced by the state - certified building official designated by the city to administer the code (Minn. Stats. § 32613.133, subd. 1). (d) Prior to installation of a system of plumb- ing other than for a single-family dwelling with independent plumbing service, complete plumb- ing plans and specifications, together with any additional information that the building official may require, shall be submitted and approved by the building official, subject to applicable state law. No construction shall proceed except in accordance with the approved plans. Any altera- tion or extension of any existing plumbing system shall be subject to these same requirements. (e) Upon receipt of an application, the city shall forward to the state for review all plumbing plans and specifications for the following types of projects within the city: (1) State -licensed facilities as defined in Minn. Stats. § 32613.103, subd. 13; (2) Public buildings as defined in Minn. Stats. § 32613.103, subd. 11; and (3) Projects of a special nature for which department review is requested by either the city or the state. (Code 1984, § 12.01(2); Code 2003, § 86-39; Ord. No. 134(2nd series), 4-10-1995; Ord. No. 188(2nd series), § 1, 6-5-1999; Ord. No. 24(3rd series), § 2, 3-28-2005; Ord. No. 255(3rd series), § 2, 4-12-2021) Sec. 6.24.150. Permits and fees. (a) The issuance of permits and the collection of fees shall be as authorized in Minn. R. ch. 1300. (b) Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the municipality in Ordinance No. 22, 3rd series. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minn. Stats. § 32613.148. (Code 1984, § 12.01(4); Code 2003, § 86-40; Ord. No. 134(2nd series), 4-10-1995; Ord. No. 188(2nd series), § 2, 6-5-1999; Ord. No. 24(3rd series), § 3, 3-28-2005; Ord. No. 255(3rd series), § 2, 4-12-2021) Sec. 6.24.160. Violations and penalties. A violation of this article is a misdemeanor (Minn. Stats. § 32613.082). (Code 2003, § 86-42; Ord. No. 24(3rd series), § 4, 3-28-2005) Sec. 6.24.170. Building code optional chapters. (a) The state building code, established pursu- ant to Minn. Stats. §§ 326B.101 through 32613.16 allows the municipality to adopt by reference and enforce certain optional chapters of the most current edition of the state building code. (b) The following optional provisions identi- fied in the most current edition of the state building code in Minn. R. ch. 1306, Special Fire Protection Systems, are hereby adopted and incorporated as part of the building code for the city: Minn. R. 1306.0020, subp. 2. (Code 2003, § 86-43; Ord. No. 24(3rd series), § 5, 3-28-2005; Ord. No. 255(3rd series), § 2, 4-12- 2021) Division 2. Construction Permit Sec. 6.24.210. Required. (a) Generally. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any build- ing or structure, or any part or portion, includ- ing, but not limited to, the general construction, plumbing, on -site sewage treatment system, wood stoves and fireplaces, ventilating, heating or air conditioning systems, or cause such work to be done, without first obtaining a separate building, sign, or general permit for each such building, structure or separate component from the city. CD6:326 0 M LAND USE Exception: Seasonal docks, except for joint use facilities are exempt from this section. For the purposes of this section, seasonal docks are docks so designed and constructed that they may be removed from the lake on a seasonal basis. All components such as supports, decking, and foot- ings must be capable of removal by manual means without use of power equipment, machines, or tools other than handheld power tools. (b) Zoning permit for land alteration. A land alteration and hardcover plan shall be submitted with the site plan or certified site plan and incorporated as part of the building permit approval, including the name of the individual performing the work. If no building permit is necessary, a separate zoning permit application for hardcover and/or land alteration shall be submitted by the individual performing the work prior to conducting any land alteration or hardcover installations on a property, including grading, patios and retaining walls. The zoning permit shall be reviewed and approved by the city prior to issuance. (Code 1984, § 12.02; Code 2003, § 86-66; Ord. No. 146(3rd series), § 1, 5-11-2015; Ord. No. 189(3rd series), § 1, 4-10-2017; Ord. No. 240(3rd series), § 1, 3-9-2020) Sec. 6.24.220. Limitations. The issuance of a permit for any single component shall not imply authority for construc- tion or inclusion of other components. (Code 1984, § 12.02; Code 2003, § 86-67) Sec. 6.24.230. Permit application; informa- tion required. (a) The application for a construction permit or land alteration permit shall include such information as may be required by the city, which may vary between types of construction projects. (b) Site plans required: (1) Certified site plan. A certified site plan shall be required for all new principal buildings, building additions to principal buildings, and grading or filling activi- ties requiring permits shall be accompanied by a certificate of survey or § 6.24.230 site plan drawn to scale prepared by a person registered by the state board of architecture, engineering, land survey- ing, landscape architecture, and interior design, unless exempted by the city engineer. A certified site plan shall conform to the requirements of the city. (2) Site plan. a. A site plan shall accompany all required permits for building, structure, and land disturbance activities. The site plan shall include information as required by the city, and must provide information neces- sary to ensure the project conforms to city codes and ordinances, includ- ing hardcover, grading, and landscap- ing requirements. b. The city administrator may require a certified site plan where the project scope, location, or potential impact warrant. (c) Foundation survey required. A foundation survey shall be submitted to the city for review and approval, unless exempted by the building official, upon completion of the foundation work for all principal buildings and all additions to principal buildings. The foundation survey, prepared by a state -registered land surveyor, shall certify the lot dimensions; front, side, rear, lakeshore, and wetland setbacks; and foundation elevation. A foundation survey must be submit- ted before proceeding with framing or further construction. In lieu of a survey a letter prepared by a state -registered land surveyor containing the same information as a foundation survey may be submitted. (d) As -built survey required. An as -built survey, prepared by a state -registered land surveyor, shall be submitted to the city for review and approval upon the completion of all principal buildings and all additions to principal build- ings, unless exempted by the building official. The as -built survey shall certify the final topography of the site; verify drainage patterns; and provide hardcover calculations for lots in the CD6:327 M t0 § 6.24.230 ORONO CODE shoreland overlay district. An as -built survey must be approved before the issuance of a certificate of occupancy. (Code 1984, § 12.02; Code 2003, § 86-68; Ord. No. 49(3rd series), § 1, 9-8-2008; Ord. No. 146(3rd series), § 2, 5-11-2015; Ord. No. 152(3rd series), § 1, 7-27-2015; Ord. No. 189(3rd series), § 2, 4-10-2017; Ord. No. 190(3rd series), § 2, 4-10- 2017) Sec. 6.24.240. Contractor licensing requirements. The permit for any construction work requir- ing a license under statute or this Code shall be issued only to the licensee upon proof of holding a current license and bonding and insurance as required by statute or this Code. (Code 1984, § 12.03; Code 2003, § 86-69) Sec. 6.24.250. Permit expiration. (a) Any building permit issued by the city abandoned, withdrawn, or expired shall be null and void and shall require issuance of a new permit and payment of applicable fees prior to completion of the work. (b) Every permit issued expires unless the work authorized by the permit is commenced within 180 days after its issuance. Extensions may be granted by the building official. Permits become invalid if work is suspended or abandoned for more than 180 days. The 180 days com- mences the first day the work was suspended or abandoned. In addition, no land shall remain disturbed and exposed without established grass or other ground cover according to the approved grading and landscaping plans. (c) Failure to complete such exterior construc- tion shall result in the expiration of the existing permit. This does not release the permittee from making appropriate life safety corrections nor negate other building code requirements. (Code 1984, § 12.05; Code 2003, § 86-70; Ord. No. 151(3rd series), § 2, 7-27-2015; Ord. No. 300(3rd series), § 2, 3-11-2024) CHAPTER 6.28. WATERWAYS* ARTICLE I. IN GENERAL Sec. 6.28.010. Prohibited flotation blocks. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Nonencased molded polystyrene expanded - bead foam means any brand of expanded polystyrene beads molded into a block, sheet, billet, or other shape which is not completely encased in a permanent casing, coating, or container capable of withstanding action by ice or other elements, animals, and normal activity by users so that disintegration of the molded shapes into smaller chunks or individual beads is prevented. (b) Findings. The city determines that: (1) Disintegration of nonencased molded polystyrene expanded -bead foam flota- tion blocks used in docks, swimming platforms, buoys, and other floating structures in the city has led to the disintegrating particles' washing up onto shoreland in the city in substantial and unsightly quantities endangering the comfort and enjoyment of the affected property owners and causing environmental and aesthetic damage, and generally unsightly and undesirable public conditions; (2) Such disintegration is a natural characteristic of the molded polystyrene expanded -bead foam described when used for flotation purposes in the city limits; (3) Such disintegration is accelerated by the actions of aquatic animals and waterfowl and, in turn, constitutes a hazard to their well-being; *State law references —Water safety, Minn. Slats. ch. 8613; local regulation of surface waters, Minn. Stats. §§ 8613.201, 8613.205, 459.20, CD6:328 LAND USE § 6.28.120 (4) Additional health and safety concerns using lakeshore property for swimming, bathing, can occur if such material is subject to fishing, docking or mooring boats, or for any heat, gasoline or other petroleum products; other purpose. Joint use includes the following and activities: (5) The use of nonencased molded polystyrene expanded -bead foam for the purposes mentioned in this subsection is a public nuisance. (c) Use prohibited. It is a misdemeanor for any person to use nonencased molded polystyrene expanded -bead foam blocks, sheets, billets or other shapes for dock construction or flotation, swimming platforms, buoys or other floating or similar structures in lakes or streams in the city, whether such uses are permanent or seasonal in nature. (Code 2003, § 94-1; Ord. No. 104(2nd series), § 1, 7-27-1992; Ord. No. 110(2nd series), § 1, 11-9- 1992) ARTICLE II. JOINT USE OF LAKE FACILITIES Sec. 6.28.110. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Boat slip, land, means a structure, space or other thing designed or used for storing a boat temporarily or permanently on land adjacent to a lake, whether it is located on or off the licensed premises. Boat slip, permanent, means a boat slip on land or water used for the storing of a given boat on a long-term or yearly basis. Boat slip, transient, means a boat slip on land or water used for the temporary storage of many different boats for short periods of time. Boat slip, water, means a structure, space, dock or other thing designed or used for the docking, mooring or storing of a boat temporarily or permanently in or on water, including moor- ing posts, buoys or other devices. Joint use means more than two adjacent riparian landowners joining for the purpose of (1) More than two adjacent riparian landown- ers sharing in the use of a single dock. (2) An association of riparian and/or nonrip- arian landowners within a subdivision adjacent to the lake sharing a dock or dock system providing permanent boat slips for the members. (3) In the RS zoning district only, a not -for - profit organization or association provid- ing transient boat slips for stakeholders or a property used for day use recreation or overnight camping purposes. (Code 1984, § 5.42(1); Code 2003, § 94-36; Ord. No. 117(2nd series), § 1, 6-28-1993; Ord. No. 240(3rd series), § 2, 3-9-2020) Sec. 6.28.120. Joint use standards. Joint uses shall adhere to the following standards: (1) Any association of riparian and/or nonri- parian landowners within a subdivision adjacent to the lake which initiates a new joint use shall adhere to Lake Min- netonka Conservation District regula- tions, and no such use shall have more than one boat slip per 50 feet of shoreline as measured by a straight line between the points at which the side lot lines meet the ordinary high-water line. Further, all such use shall adhere to the shoreland management regulations of chapter 6.12, article IX. (2) Any joint use in the RS zoning district by a not -for -profit organization or associa- tion providing transient boat slips for stakeholders of a property used for day - use recreation or overnight camping purposes shall be allowed only in conjunc- tion with a valid conditional use permit for such use issued by the council. CD6:329 M M § 6.28.120 •:O\• •S_1_. (3) No joint use shall be approved which necessitates provision of parking stalls or which creates the need for parking on any street right-of-way. (Code 2003, § 94-38; Ord. No. 117(2nd series), § 1(5.42(5)), 6-28-1993; Ord. No. 240(3rd series), § 2, 3-9-2020) ARTICLE III. MARINAS Sec. 6.28.210. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Boat slip, water; boat slip, land; boat slip, permanent; and boat slip, transient, shall have the meanings given them in section 6.28,110. Business of docking, mooring or storing boats means renting or otherwise providing space, including boat buoys, for docking, mooring or storing one or more boats belonging to persons other than the owner or occupant of the property, except when permitted as a joint use. Business use means engaging in either a marina business or the business of docking, mooring or storing boats. Marina business means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 zoning district. (Code 2003, § 94-71; Ord. No. 117(2nd series), § 2(5.43(1)), 6-28-1993; Ord. No. 240(3rd series), § 3, 3-9-2020) Sec. 6.28.220. Zoning standards. Businesses operating under this article shall be subject to the requirements and performance standards of the B-2 zoning district. (Code 2003, § 94-72; Ord. No. 117(2nd series), § 2(5.43(5)), 6-28-1993; Ord. No. 240(3rd series), § 3, 3-9-2020) Sec. 6.28.230. Designation of primary operator. The primary business operator on the property shall be responsible for notifying the city of any and all businesses subleased on the premises. Such secondary businesses shall be allowed only when in conformance with the provisions of the B-2 zoning district standards. (Code 2003, § 94-73; Ord. No. 117(2nd series), § 2(5.43(5)(B)), 6-28-1993; Ord. No. 240(3rd series), § 3, 3-9-2020) Sec. 6.28.240. Operation standards. Each business licensee shall adhere to the following minimum operation standards: (1) Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, eliminate illegal on - street parking, and avoid pedestrian traf- fic through neighboring property. (2) Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. (3) Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises -stored boats. (4) The site shall be kept neat and orderly, and free of garbage. (5) On -land storage of boats shall be man- aged so as to eliminate any view obstruc- tions for traffic entering and leaving the site. (6) Parking and on -land storage of boats, trailers, materials and equipment shall be limited to those locations shown on an approved site operation plan. Such site operation plan shall also indicate season- ally variable uses. (7) Lights shall be shielded from the road, the lake and adjacent properties. (Code 2003, § 94-74; Ord. No. 117(2nd series), § 2(5.43(5)(C)), 6-28-1993; Ord. No. 240(3rd series), § 3, 3-9-2020) ARTICLE IV. REGULATION OF WATERCRAFT ON LONG LAKE Sec. 6.28.310. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings CD6:330 LAND USE ascribed to them in this section, except where the context clearly indicates a different meaning: Lake means the lake known as Long Lake located in the cities of Orono and Long Lake, and designated as Lake Number 27016000 by the state department of natural resources. Operate means to navigate or otherwise use a watercraft. Personal watercraft means a motorboat that is powered by an inboard motor powering a water jet pump or by an outdoor or propeller -drive motor, and is designed to be operated by a person sitting, standing, or kneeling on the craft, rather than in the conventional manner of sitting or standing inside a motorboat. Slow -no wake means the operation of a watercraft at the slowest possible speed neces- sary to maintain steerage, but in no case greater than five miles per hour. Watercraft means any and all kinds or types of flotation vessels designed for use on the water, whether or not motorized, including, but not limited to, boats, canoes, kayaks, rowing shells, sculls, jet skis, ski-doos, pedal craft, pontoon boats, inflatable crafts, tubes, or wind -propelled surf boards. (Code 2003, § 94-136; Ord. No. 201(3rd series), § 2, 11-13-2017; Ord. No. 304(3rd series), § 1(94- 136), 4-8-2024) Sec. 6.28.320. Purpose, intent, application. The provisions of Minn. Stats. ch. 8613, Minn. R. 6110.0100 through 6110.2300, boat and safety rules, are hereby incorporated herein and made a part of this article. (Code 2003, § 94-137; Ord. No. 201(3rd series), § 2, 11-13-2017) Sec. 6.28.330. Exempt personnel. All authorized resource management, emergency and enforcement personnel, while acting in the performance of their assigned duties, are exempt from restrictions of this article. (Code 2003, § 94-138; Ord. No. 201(3rd series), § 2, 11-13-2017) Sec. 6.28.340. Enforcement. § 6.28.360 The enforcement of this article shall be the primary responsibility of the peace officers of the county sheriffs department or the city police department. Other licensed peace officers, includ- ing conservation officers of the state department of natural resources and volunteer members of the county water patrol, are also authorized to enforce this article. (Code 2003, § 94-139; Ord. No. 201(3rd series), § 2, 11-13-2017) Sec. 6.28.350. Penalties. Any person who shall violate any of the provi- sions of this article shall be guilty of a misdemeanor. (Code 2003, § 94-140; Ord. No. 201(3rd series), § 2, 11-13-2017) Sec. 6.28.360. Long Lake; special provi- sions. (a) Intent and purpose. It is the purpose of this section to regulate the operation and speed of watercraft on Long Lake. (b) Regulation. No person shall operate a watercraft at greater than slow -no wake speed on Long Lake whenever the water level exceeds 945.25 feet. The slow -no wake restriction shall remain in place until the lake level drops to 945.25 feet or below. (c) Exemptions. Authorized resource manage- ment, emergency and enforcement personnel, when acting in the performance of their duties, shall be exempt from the provisions of this section. (d) Marking and posting of signs. The city staff of Long Lake and Orono shall be responsible for informing the public, posting notification at all public accesses, and marking or buoying areas affected by this ordinance as necessary to give reasonable notice of the speed restriction of this section. (e) Enforcement. Primary responsibility for the enforcement of this section shall rest with the county sheriffs department, including both CD6:331 TW LA § 6.28.360 ORONO CODE licensed and special deputies; this, however, shall not preclude its enforcement by other licensed peace officers. (f) Violation and penalty. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor. (Ord. No. 304(3rd series), § 1(94-141), 4-8-2024) ARTICLE V. MOONEY LAKE RULES AND REGULATIONS Sec. 6.28.410. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Lake means that certain portion of a body of water located within the city, the entirety of which is commonly and officially referred to by the name of Mooney Lake. Motorboat means any watercraft propelled by machinery, including watercraft temporarily equipped with detachable motors. (Code 1984, § 9.32(1); Code 2003, § 94-181; Ord. No. 98(2nd series), § 1, 11-12-1991) Sec. 6.28.420. Horsepower limitation. It is unlawful for any person to operate, maintain or place, moor or keep in or upon the lake a motorboat with an engine in excess of five horsepower. (Code 1984, § 9.32(2); Code 2003, § 94-182) Sec. 6.28.430. Hours of operation. It is unlawful for any person to operate a motorboat on the lake between the hours of 8:00 p.m. and 8:00 a.m. on the day following. (Code 1984, § 9.32(3); Code 2003, § 94-183) Sec. 6.28.440. State law adopted. The provisions of Minn. Stats. ch. 86B and Boat and Water Safety Rules 6110.0100 through 6110.2300, are adopted by reference, incorporated in this section and made a part of this section as though set forth verbatim in this section. A violation of the statute or any rule adopted in this section is a violation of this article. (Code 1984, § 9.32(4); Code 2003, § 94-184; Ord. No. 98(2nd series), § 1, 11-12-1991) Sec. 6.28.450. Exemption. Enforcement, emergency, resource manage- ment and other governmental personnel or authorized contractors are exempted from this section when performing official duties or authorized work. (Code 2003, § 94-185; Ord. No. 98(2nd series), § 2, 11-12-1991) CD6:332 LA CODE COMPARATIVE TABLE 1984 CODE The following table gives the location within the Code of sections of the 1984 Code. 1984 Code Code 1984 Code Code Section Section Section Section 1.02 1.04.020 2.61(4) 1.08.030 1.03 1.04.020 - 1.08.620 1.06 1.04.080 2.62 1.16.020 1.08 1.04.090 3.01 2.04.010 1.11 1.04.010 3.02(1) 2.04.410 2.02 1.08.120 3.03 2.04.120 2.03(1) 1.12.010 3.04 2.04.020 2.03(2) 1.08.110 3.05(1) 2.04.450 2.04 1.08.140 3.05(2) 2.04.240 2.05 1.08.150 3.05(3) 2.04.250 2.06(1) 1.08.310 3.05(4) 2.04.210 2.06(2) 1.08.320 3.05(5) 2.04.230 2.06(3) 1.08.330 3.05(6) 2.04.320 2.06(4) 1.08.350 3.05(7)(B) 2.04.270 2.06(6) 1.08.340 3.05(7)(C) 2.04.280 2.06(7) 1.08.360 3.05(8) 2.04.450 2.07 1.08.160 3.05(9) 2.04.260 2.08 1.08.010 3.05(10) 2.04.220 2.10 1.08.210 3.05(11) 2.04.300 2.11 1.08.370 3.06 2.04.290 2.16 1.08.220 3.10(1) 2.04.510 2.17 1.08.130 3.10(2) 2.04.580 2.30(1) 1.08.420 3.10(3) 2.04.610 2.30(5) 1.08.420 3.10(4) 2.04.540 2.34 1.08.430 3.10(5) 2.04.550 2.35 1.08.440 3.10(6) 2.04.570 2.38 1.08.020 3.10(7) 2.04.590 2.50 1.08.710 3.10(8) 2.04.600 2.51(1) 6.04.010 3.10(9) 2.04.420 - 6.04.020 3.10(10) 2.04.310 2.51(2) 6.04.030 3.10(11) 2.04.530 2.52(1) 3.08.110 3.10(12) 2.04.520 - 3.08.120 3.10(14) 2.04.560 2.52(2) 3.08.130 3.20(1) 2.04.710 2.54(1) 6.12.410 3.20(2) 2.04.720 2.54(2) 6.12.410 3.20(3) 2.04.430 2.54(3) 6.12.430 3.20(4) 2.04.810 2.56(2)(B) 6.12.530 3.20(5) 2.04.820 2.60(1) 3.04.210 3.20(6) 2.04.830 2.60(2) 3.04.220 3.20(7) 2.04.440 2.60(3) 3.04.230 5.01 4.04.110 2.60(4) 3.04.240 5.02 4.04.120 2.60(5) 3.04.250 5.03 4.04.130 2.61(1) 5.24.040 5.04 4.04.150 2.61(2) 1.08.030 5.05 4.04.160 2.61(3) 1.08.620 5.06 4.04.170 CCT:1 ORONO CODE 1984 Code Code 1984 Code Code Section Section Section Section 5.07 4.04.180 6.09(4) 3.04.730 5.08 4.04.190 6.09(5) 3.04.730 5.09 4.04.200 6.12 3.04.070 5.10 4.04.210 6.13 5.32.220 5.11 4.04.220 6.14 5.32.040 5.20(1) 4.20.210 6.16 3.04.080 5.20(2) 4.20.220 7.01 5.32.030 5.20(3) 4.20.230 7.10 5.32.060 5.22 4.20.110 7.11 5.32.120 5.23 4.20.110 7.12 5.32.070 5.25 4.20.410 7.13 5.32.050 5.25(2) 4.20.420 7.20(1) 5.32.410 5.25(3) 4.20.320 7.20(2)(A) 5.32.420 5.25(4) 4.20.330 7.20(4)(C) 5.32.430 5.25(5) 4.20.430 7.30(1) 5.32.510 5.25(6) 4.20.340 7.30(2) 5.32.530 5.25(7) 4.20.310 7.30(3) 5.32.520 5.25(8) 4.20.350 7.30(4) 5.32.540 5.35(1) 5.20.210 7.30(5) 5.32.550 5.35(2) 5.20.310 8.01 5.32.210 5.35(3) 5.20.220 8.02 5.32.230 5.35(4) 5.20.320 8.05 5.32.240 5.36(1) 5.28.610 8.20 5.32.250 5.36(2) 5.28.710 8.21 5.32.260 5.36(3) 5.28.750 8.22 5.32.270 5.36(4) 5.28.720 8.23 5.32.280 5.36(5) 5.28.730 8.24 5.32.290 5.36(6) 5.28.740 8.25 5.32.300 5.40 4.04.310 8.26 5.32.310 5.42(1) 6.28.110 8.27 5.32.320 6.01 3.04.010 8.40 5.32.330 6.02 5.32.020 8.41 5.32.140 6.03(1) 5.32.010 8.42 5.32.340 6.04(1) 5.32.110 8.43 5.32.130 6.05(1) 3.04.310 9.01(1) 5.20.110 6.05(8) 3.04.320 9.01(2) 5.20.120 6.05(9) 3.04.330 9.01(3) 5.20.130 6.05(10) 3.04.340 9.01(4) 5.20.140 6.05(11) 3.04.350 9.04 5.24.020 6.05(12) 3.04.360 9.10(1)(A) 5.36.350 6.06(1) 3.04.310 9.10(1)(B) 5.36.360 6.06(8) 3.04.320 9.10(1)(D) 5.36.370 6.06(9) 3.04.330 9.10(1)(E) 5.36.380 6.06(10) 3.04.340 9.10(1)(G) 5.36.390 6.06(11) 3.04.350 9.10(2) 5.36.320 6.06(12) 3.04.360 9.10(3) 5.36.310 6.07(1) 3.04.020 9.10(4)(A) 5.36.510 6.07(2) 3.04.040 9.10(4)(B) 5.36.520 6.07(4) 3.04.050 9.10(4)(C) 5.36.530 6.07(5) 3.04.060 9.10(4)(D) 5.36.540 6.09(1) 3.04.710 9.10(5) 5.36.400 6.09(2) 3.04.720 9.10(6) 5.36.550 6.09(3) 3.04.730 9.10(6)(A) 5.36.560 CCT:2 ao M co CODE COMPARATIVE TABLE 1984 Code Code 1984 Code Code Section Section Section Section 9.10(7) 5.36.580 9.31(3)(I) 3.08.310 9.10(8) 5.36.570 9.31(3)(J) 3.08.320 9.10(8)(G) 5.36.600 9.31(3)(K) 3.08.330 9.10(8)(H) 5.36.610 9.31(3)(L) 3.08.340 9.10(8)(I) 5.36.620 9.31(3)(M) 3.08.280 9.10(8)(J) 5.36.590 9.31(3)(N) 3.08.290 9.10(9) 5.36.330 9.31(3)(0) 3.08.250 9.10(10) 5.36.340 9.31(3)(P) 3.08.260 9.10(11) 5.36.220 9.31(3)(Q) 3.08.350 9.11 5.36.210 9.32(1) 6.28.410 9.13(1) 5.28.010 9.32(2) 6.28.420 9.13(2) 5.28.030 9.32(3) 6.28.430 9.13(3) 5.28.040 9.32(4) 6.28.440 9.13(5) 5.28.050 9.33 3.08.360 9.13(6) 5.28.060 9.34(1) 5.08.210 9.13(9) 5.28.810 9.34(2) 5.08.220 - 5.28.830 9.34(3) 5.08.110 9.13(10) 5.28.840 9.34(4) 5.08.120 9.13(11) 5.28.850 9.34(5) 5.08.130 9.13(12) 5.28.820 9.34(6) 5.08.230 9.13(13) 5.28.070 9.34(7) 5.08.310 9.13(14) 5,28.080 9.34(8) 5.08.320 9.14 5.36.1120 9.34(9) 5.08.330 9.14(1) 5.36.1140 9.34(10) 5.08.340 9.14(2) 5.36.1140 9.34(11) 5.08.350 9.14(3) 5.36.1140 9.34(12) 5.08.140 9.14(4) 5.36.1140 9.35(1) 5.04.220 9.14(5) 5.36.1150 9.35(2) 5.04.210 9.14(6) 5.36.1130 9.35(3) 5.04.230 9.20(1) 5.36.720 9.35(4) 5.04.240 9.20(2) 5.36.710 9.35(5) 5.04.250 9.20(3) 5.36.730 9.35(6) 5,04.260 9.20(4) 5.36.810 9.36(1) 5.04.120 9.20(5) 5.36.020 9.36(2) 5.04.110 9.20(6) 5.36.820 9.36(3) 5.04.130 9.20(9) 5.36.740 9.36(7) 5.04.170 9.20(10) 5.36.130 9.36(8) 5.04.180 9.20(11) 5.36.030 9.37 5.04.140 9.20(12) 5.36.120 9.37(2) 5.04.190 9.20(13) 5.36.110 9.39 5.04.160 9.21 5.36.040 9.50 5.24.030 9.22 5.36.040 9.51 5.24.040 9.31(1) 3.08.220 9.55 5.24.010 9.31(2) 3.08.210 9.56(1) 6.24.040 9.31(3) 3.08.230 9.56(2) 6.24.050 9.31(3)(A) 3.08.240 9.57(1) 5.36.920 9.31(3)(B) 3.08.240 9.57(2) 5.36.950 9.31(3)(C) 3.08.270 9.57(3) 5.36.910 9.31(3)(D) 3.08.270 9.57(4) 5.36.940 9.31(3)(E) 3.08.300 9.57(5) 5.36.960 9.31(3)(F) 3.08.300 9.57(6) 5.36.930 9.31(3)(G) 3.08.300 9.57(7) 5.36.970 9.31(3)(H) 3.08,300 9.57(8) 5.36.980 CCT:3 ORONO CODE 1984 Code Code 1984 Code Code Section Section Section Section 10.01(1) 6.12.050 10.09(2) 6.12.4050 10.01(2) 6.12.050 10.09(3) 6.12.4060 10.01(3)(B) 6.12.020 10.09(4) 6.12.4070 10.02 6.12.010 10.09(5) 6.12.4080 10.03(1) 6.12.060 10.09(6) 6.12.4090 10.03(2) 6.12.070 10.09(7) 6.12,4100 10.03(3) 6.12.240 10.09(8) 6.12.4110 10.03(4) 6.12.080 10.09(9) 6.12.4120 10.03(6)(A) 6.12.320 10.09(10) 6.12.4130 10.03(6)(B) 6.12.6720 10.09(11) 6.12.4140 10.03(6)(C) 6.12.330 10.09(12) 6.12.4150 10.03(7) 6.12.6730 10.10 6.12.230 10.03(8) 6.12.6740 10.11 6.12.220 10.03(9)(A) 6.12.7020 10.12 6.12.090 10.03(9)(C) 6.12.7040 10.13 6.12.040 10.03(9)(D) 6.12.7050 10.16(1) 6.12.810 10.03(10) 6.12.7010 10.16(2) 6.12.820 10.03(11) 6.12.6770 10.16(3) 6.12.830 10.03(12) 6.12.7070 10.16(4) 6.12.840 10.03(14)(A) 6.12.6910 10.16(5) 6.12,850 10.03(14)(B) 6.12.6920 10.16(6) 6.12.860 10.03(14)(C) 6.12.6930 10.20(1) 6.12.1010 10.03(15) 6.12.6940 10.20(2) 6.12.1020 10.03(16) 6.12.6760 - 6.12.1120 10.03(17) 6.12.4180 - 6.12.1320 10.03(18) 6.12.340 - 6.12.1420 10.06(1) 6.12.210 - 6.12.1520 10.06(1)(B)(1)(b) 6.12.530 - 6.12.1610 10.06(1)(B)(1)(c) 6.12.530 - 6.12.1720 10.06(2) 6.12.210 - 6.12.1820 10.06(3) 6.12.410 - 6.12.3130 10.06(3)(B)(3) 6.12.450 10.20(3) 6.12.1030 10.06(3)(C) 6,12.430 - 6.12.1130 10.06(3)(D) 6.12.440 - 6.12.1330 10.06(3)(F) 6.12.420 - 6.12.1430 10.07(1) 6.12.260 - 6.12.1530 10.07(2) 6.12.260 - 6.12.1620 10.07(3) 6.12.260 - 6.12.1730 10.07(4) 6.12.260 - 6.12.1830 10.07(5) 6.12.260 - 6.12.1950 10.07(6) 6.12.250 10.20(3)(M) 6.12.1740 10.08(1) 6.12.510 - 6.12.1840 10.08(2)(A) 6.12.520 10.20(3)(N) 6.12.1740 10.08(2)(B) 6.12.430 - 6.12.1840 10.08(2)(C) 6.12.410 10.20(4) 6.12.1040 10.08(3) 6.12.530 - 6.12.1140 10.08(4) 6.12.540 - 6.12.1340 10.08(5) 6.12.550 - 6.12.1440 10.08(6) 6.12.560 - 6.12.1540 10.08(7) 6.12.570 - 6.12.1630 10.08(8) 6.12.580 - 6.12.1740 10.08(9) 6.12.590 - 6.12.1840 10.09(1) 6.12.4040 - 6.12.1960 CCTA CD co CODE COMPARATIVE TABLE 1984 Code Code 1984 Code Code Section Section Section Section - 6.12.3150 10.31(13) 6.12.2050 10.20(5) 6.12.1050 10.31(14) 6.12.2060 10.21(1) 6.12.1110 10.31(15) 6.12.2070 10.21(2) 6.12.1120 10.31(16) 6.12.1930 10.21(3) 6.12.1130 10.31(17) 6.12.1930 10.21(4) 6.12.1140 10.31(18) 6.12.1930 10.21(5) 6.12.1150 10.31(19) 6.12.1920 10.23(1) 6.12.1310 10.32(1) 6.12.3010 10.23(3) 6.12.1320 10.32(2) 6.12.3020 10.23(4) 6.12.1330 10.32(3) 6.12.3030 10.23(5) 6.12.1340 10.32(4) 6.12.3040 10.23(6) 6.12.1350 10.32(5) 6.12.3050 10.24(1) 6.12.1410 10.32(6) 6.12.3060 10.24(2) 6.12.1420 10.32(7) 6.12.3070 10.24(3) 6.12.1430 10.32(8) 6.12.3080 10.24(4) 6.12.1440 10.32(9) 6.12.3090 10.24(5) 6.12.1450 10.40(1) 6.12.3210 10.25(1) 6.12.1510 10.40(2) 6.12.3220 10.25(3) 6.12.1520 10.40(3) 6.12.3230 - 6.12.1610 - 6.12.3540 10.25(4) 6.12.1530 10.40(4) 6.12.3240 - 6.12.1620 - 6.12.3550 10.25(5) 6.12.1540 10.40(5) 6.12.3250 - 6.12.1630 - 6.12.3560 10.25(6) 6.12.1550 - 6.12.3650 - 6.12.1650 - 6.12.3860 10.26(2) 6.12.1610 10.40(6) 6.12.3260 - 6.12.1620 10.41(1) 6.12.3320 - 6.12.1630 10.41(2) 6.12.3310 10.26(3) 6.12.1640 10.41(4) 6.12.3330 10.26(4) 6.12.1650 10.41(5) 6.12.3340 10.27 6.12.1730 10.41(6) 6.12.3360 10.27(1) 6.12.1710 10.41(7) 6.12.3350 10.27(2) 6.12.1720 10.41(8) 6.12.3370 10.27(4) 6.12.1740 10.41(9) 6.12.3380 10.27(5) 6.12.1750 10.41(10) 6.12.3390 10.28(1) 6.12.1810 10.41(11) 6.12.3400 10.28(2) 6.12.1820 10.41(12) 6.12.3410 10.28(3) 6.12.1830 10.41(13) 6.12.3420 10.28(4) 6.12.1840 10.41(14) 6.12.3430 10.28(5) 6.12.1850 10.41(15) 6.12.3440 10.31(1) 6.12.1910 10.41(16) 6.12.3450 10.31(2) 6.12.1940 10.42(1) 6.12.3510 10.31(3) 6.12.1950 10.42(2) 6.12.3520 10.31(4) 6.12.1960 - 6.12.3530 10.31(5) 6.12.1970 10.42(4) 6.12.3540 10.31(6) 6.12.1980 10.42(5) 6.12.3550 10.31(7) 6.12.1990 10.42(6) 6.12.3560 10.31(8) 6.12.2000 10.42(7) 6.12.3570 10.31(9) 6.12.2010 10.43(1) 6.12.3610 10.31(10) 6.12.2020 10.43(2) 6.12.3620 10.31(11) 6.12.2030 10.43(3) 6.12.3630 10.31(12) 6.12.2040 10.43(4) 6.12.3640 CCT:5 T Re W 1984 Code Section 10.43(5) 10.43(6) 10.44(1) 10.44(2) 10.44(3) 10.44(4) 10.44(5) 10.44(6) 10.45(1) 10.45(2) 10.45(3) 10.45(4) 10.45(5) 10.45(6) 10.52(1) 10.52(2) 10.52(3) 10.52(4) 10.52(5) 10.52(6) 10.52(7) 10.53(1) 10.53(2) 10.53(3) 10.53(4) 10.53(5) 10.53(6) 10.53(7) 10.53(8) 10.60(1) 10.60(2) 10.60(3) 10.60(4) 10.60(5) 10.60(6) 10.60(7) 10.60(8) 10.60(9) 10.60(10) 10.60(11) 10.60(12) 10.60(13) 10.60(14) 10.60(15) 10.60(16) 10.60(17) 10.61(4) 10.61(5) 10.61(6) 10.61(7) 10.61(8) 10.61(9) 10.61(10) ORONO CODE Code Section 6.12.3650 6.12.3660 6.12.3710 6.12.3720 6.12.3730 6.12.3740 6.12.3750 6.12,3760 6.12.3810 6.12.3820 6.12.3830 6.12.3840 6.12.3860 6.12.3870 6.12.4410 6.12.4420 6.12.4430 6.12.4440 6.12.4450 6.12.4460 6.12.4470 6.12.4210 6.12.4220 6.12.4230 6.12.4240 6.12.4250 6.12.4260 6.12.4270 6.12.4280 6.12.7710 6.12.7720 6.12.7730 6.12.7740 6.12.7750 6.12.7760 6.12.7770 6.12.7780 6.12.7790 6.12.7800 6.12.7800 6.12.7810 6.12.7820 6.12.7830 6.12.7840 6.12.7850 6.12.7860 6.12.7410 6.12.7510 6.12.7520 6.12.7530 6.12.7540 6.12.7550 6.12.7560 1984 Code Section 10.61(11) 10.61(12) 10.61(13) 10.61(14) 10.61(15) 10.61(16) 10.61(17) 10.61(18) 10.61(19) 10.70 10.75(1) 10.75(2) 10.75(3) 10.75(4) 10.99 12.01(1) 12.01(2) 12.01(4) 12.02 12.03 12.05 12.06 12.07 12.08 12.09 12.40 CCT:6 Code Section 6.12.7610 6.12.7620 6.12.7630 6.12.7640 6.12.7650 6.12.7660 6.12.7670 6.12.6780 6.12.6790 6.12.6800 6.12.6710 6.12.6710 6.12.6710 6.12.6950 6.12.030 6.24.130 6.24.140 6.24.150 6.24.110 6.24.210 6.24.220 6.24.230 6.24.240 6.24.250 6.24.010 6.24.020 6.24.120 6.24.030 2.04.110 N CODE COMPARATIVE TABLE 2003 CODE The following table gives the location within the Code of sections of the 2003 Code, as supplemented through November 14, 2022. 2003 Code Code 2003 Code Code Section Section Section Section 1-1 1.04.010 14-72 2.04.220 1-2 1.04.020 14-73 2.04.230 1-3 1.04.030 14-74 2.04.240 1-4 1.04.040 14-75 2.04.250 1-5 1.04.050 14-76 2.04.260 1-6 1.04.060 14-77 2.04.270 1-7 1.04.070 14-78 2.04.280 1-8 1.04.080 14-79 2.04.290 1-9 1.04.090 14-80 2.04.300 1-10 1.04.100 14-81 2.04.310 1-11 1.04.110 14-82 2.04.320 1-12 1.04.120 14-106 2.04.410 2-1 1.08.010 14-107 2.04.420 2-2 1.08.020 14-108 2.04.430 2-3 1.08.030 14-109 2.04.440 2-36 1.08.110 14-110 2.04.450 2-37 1.08.120 14-131 2.04.510 2-38 1.08.130 14-132 2.04.520 2-39 1.08.140 14-133 2.04.530 2-40 1.08.150 14-134 2.04.540 2-41 1.08.160 14-135 2.04.550 2-71 1.08.210 14-136 2.04.560 2-72 1.08.220 14-137 2.04.570 2-73 1.08.230 14-138 2.04.580 2-96 1.08.310 14-139 2.04.590 2-97 1.08.320 14-140 2.04.600 2-98 1.08.330 14-141 2.04.610 2-99 1.08.340 14-166 2.04.710 2-100 1.08.350 14-167 2.04.720 2-101 1.08.360 14-186 2.04.810 2-102 1.08.370 14-187 2.04.820 2-137 1.08.410 14-188 2.04.830 2-138 1.08.430 14-189 2.04.840 2-139 1.08.440 14-190 2.04.850 2-140 1.08.420 14-191 2.04.860 2-171 1.08.610 14-231 2.04.1010 2-172 1.08.620 14-232 2.04.1020 2-206 1.08.710 14-233 2.04.1030 6-1 1.12.010 14-251 2.04.1110 10-1 1.16.010 14-252 2.04.1120 10-2 1.16.020 14-253 2.04.1130 14-1 2.04.010 14-254 2.04.1140 14-2 2.04.020 14-255 2.04.1150 14-36 2.04.110 14-256 2.04.1160 14-37 2.04.120 14-257 2.04.1170 14-71 2.04.210 14-281 2.04.1210 CCT:7 M tO ORONO CODE 2003 Code Code 2003 Code Code Section Section Section Section 14-282 2.04.1220 18-190 3.04.600 14-283 2.04.1230 18-191 3.04.610 14-284 2.04.1240 18-192 3.04.620 14-286 2.04.1250 18-193 3.04.630 14-287 2.04.1260 18-194 3,04.640 14-288 2.04.1270 18-236 3.04.710 14-301 2.04.1310 18-237 3.04.720 14-302 2.04.1320 18-238 3.04.730 14-303 2.04.1330 22-02 3.08.370 14-304 2.04.1340 22-31 3.08.110 14-305 2.04.1350 22-32 3.08.120 14-306 2.04.1360 22-33 3.08.130 14-307 2.04.1370 22-86 3.08.210 14-308 2.04.1380 22-87 3.08.220 14-309 2.04.1390 22-88 3.08.230 14-310 2.04.1400 22-89 3.08.240 18-1 3.04.010 22-90 3.08.250 18-2 3.04.020 22-91 3.08.260 18-3 3.04,040 22-92 3.08.270 18-4 3.04.050 22-93 3.08.280 18-5 3.04.060 22-94 3.08.290 18-6 3.04.070 22-95 3.08.300 18-7 3.04.080 22-96 3.08.310 18-41 3.04.210 22-97 3.08.320 18-42 3.04.220 22-98 3.08.330 18-43 3.04.230 22-99 3.08.340 18-44 3.04.240 22-100 3.08.350 18-45 3.04.250 22-101 3.08.360 18-76 3.04.310 22-111 3.08.410 18-81 3.04.320 22-112 3.08.420 18-136 3.04.330 22-113 3.08.430 18-137 3.04.340 22-114 3.08.440 18-138 3.04.350 22-115 3.08.450 18-139 3.04.360 22-116 3.08.460 18-171 3.04.410 26-31 4.04.110 18-172 3.04.420 26-32 4.04.120 18-173 3.04.430 26-33 4.04.130 18-174 3.04.440 26-34 4.04.140 18-175 3.04.450 26-35 4.04.150 18-176 3.04.460 26-36 4.04.160 18-177 3.04.470 26-37 4.04.170 18-178 3.04.480 26-38 4.04.180 18-179 3.04.490 26-39 4.04.190 18-180 3.04.500 26-40 4.04.200 18-181 3.04.510 26-41 4.04.210 18-182 3.04.520 26-42 4.04.220 18-183 3.04.530 26-76 4.04.310 18-184 3.04.540 26-80 4.04.410 18-185 3.04.550 26-81 4.04.420 18-186 3.04.560 26-82 4.04.430 18-187 3.04.570 26-83 4.04.440 18-188 3.04.580 26-84 4.04.450 18-189 3.04.590 26-85 4.04.460 AUSIM 14 co CODE COMPARATIVE TABLE 2003 Code Code 2003 Code Code Section Section Section Section 26-86 4.04.470 34-53 4.16.340 26-87 4.04.480 34-54 4.16.350 26-88 4.04.490 34-55 4.16.360 30-1 4.08.010 38-31 4.20.110 30-2 4.08.020 38-601 4.20.210 30-3 4.08.030 38-602 4.20.220 30-4 4.08.040 38-603 4.20.230 30-5 4.08.050 38-671 4.20.310 30-6 4.08.060 38-672 4.20.320 30-36 4.08.110 38-673 4.20.330 30-37 4.08.120 38-674 4.20.340 30-38 4.08.130 38-675 4.20.350 30-39 4.08.140 38-801 4.20.410 30-40 4.08.150 38-802 4.20.420 30-41 4.08.160 38-803 4.20.430 30-42 4.08.170 38-900 3.04.810 30-43 4.08.180 38-901 3.04.820 30-44 4.08.190 38-902 3.04.830 30-45 4.08.200 38-903 3.04.840 30-46 4.08.210 38-904 3.04.850 31-1 4.12.010 38-905 3.04.860 31-2 4.12.020 38-906 3.04.870 31-11 4.12.110 38-907 3.04.880 31-12 4.12.120 42-31 5.04.110 31-13 4.12.130 42-32 5.04.120 31-14 4.12.140 42-33 5.04.130 31-15 4.12.150 42-34 5.04.140 31-16 4.12.160 42-35 5.04.150 31-17 4.12.170 42-36 5.04.160 31-18 4.12.180 42-37 5.04.170 31-19 4.12.190 42-38 5.04.180 31-20 4.12.200 42-39 5.04.190 31-21 4.12.210 42-166 5.04.210 34-1 4.16.010 42-167 5.04.220 34-2 4.16.020 42-168 5.04.230 34-3 4.16.030 42-169 5.04.240 34-10 4.16.110 42-170 5.04.250 34-11 4.16.120 42-171 5.04.260 34-12 4.16.130 46-31 5.08.110 34-13 4.16.140 46-32 5.08.120 34-14 4.16.150 46-33 5.08.130 34-15 4.16.160 46-34 5.08.140 34-16 4.16.170 46-56 5.08.210 34-17 4.16.180 46-57 5.08.220 34-18 4.16.190 46-58 5.08.230 34-19 4.16.200 46-81 5.08.310 34-20 4.16.210 46-82 5.08.320 34-21 4.16.220 46-83 5.08.330 34-22 4.16.230 46-84 5.08.340 34-23 4.16.240 46-85 5.08.350 34-50 4.16.310 50-31 5.12.110 34-51 4.16.320 50-32 5.12.120 34-52 4.16.330 50-33 5.12.130 CCT:9 W) IV W ORONO CODE 2003 Code Code 2003 Code Code Section Section Section Section 50-34 5.12.140 58-54 5.24.280 50-35 5.12.150 58-55 5.24.290 50-36 5.12.160 58-56 5.24.310 50-37 5.12.170 58-57 5.24.320 50-38 5.12.180 58-58 5.24.340 50-39 5.12.190 58-59 5.24.350 50-40 5.12.200 58-60 5.24.360 50-41 5.12.210 58-61 5.24.370 50-61 5.12.310 58-62 5.24.380 50-62 5.12.320 58-63 5.24.410 50-63 5.12.330 58-64 5.24.420 50-64 5.12.340 58-65 5.24.430 50-65 5.12.350 58-66 5.24.440 50-66 5.12.360 58-67 5.24.510 50-67 5.12.370 58-68 5.24.520 50-68 5.12.380 58-69 5.24.530 50-69 5,12.390 58-70 5.24.540 50-70 5.12.400 58-71 5.24.610 50-71 5.12.410 58-72 5.24.620 50-72 5.12.420 58-73 5.24.630 50-73 5.12.430 58-74 5.24.640 50-74 5.12.440 58-75 5.24.710 51-1 5.16.010 58-76 5.24,720 51-2 5.16.020 58-77 5.24.810 51-3 5.16.030 58-78 5.24.910 51-4 5.16.040 58-116 5.24.1010 51-5 5.16.050 58-117 5.24.1020 54-31 5.20.110 58-118 5.24.1030 54-32 5.20.120 58-119 5.24.1040 54-33 5.20.130 58-120 5.24.1050 54-34 5.20.140 58-121 5.24.1060 54-66 5.20.210 58-122 5.24.1070 54-67 5.20.220 58-156 5.24.1110 54-91 5.20.310 58-157 5.24.1120 54-92 5.20.320 58-158 5.24.1130 54-93 5.20.330 58-159 5.24.1140 58-1 5.24.010 58-160 5.24.1150 58-2 5.24.020 58-161 5.24.1160 58-3 5.24.030 58-162 5.24.1170 58-4 5.24.040 58-186 5.24.1210 58-41 5.24.110 58-187 5.24.1220 58-42 5.24.120 58-188 5.24.1230 58-43 5.24.130 58-189 5.24.1240 58-44 5.24.140 58-190 5.24.1250 58-45 5.24.150 58-191 5.24.1260 58-46 5.24.160 58-192 5.24.1270 58-47 5.24.210 58-193 5.24.1280 58-48 5.24.220 62-1 5.28.010 58-49 5.24.230 62-2 5.28.020 58-50 5.24.240 62-3 5.28.030 58-51 5.24.250 62-4 5.28.040 58-52 5.24.260 62-5 5.28.050 58-53 5.24.270 62-6 5.28.060 CCT:10 co co CODE COMPARATIVE TABLE 2003 Code Code 2003 Code Code Section Section Section Section 62-7 5.28.070 66-124 5.32.440 62-8 5.28.080 66-156 5.32.510 62-9 5.28.090 66-157 5.32.520 62-10 5.28.100 66-158 5.32.530 62-41 5.28.210 66-159 5.32.540 62-66 5.28.310 66-160 5.32.550 62-67 5.28.320 66-191 5.32.610 62-68 5.28.330 66-192 5.32.620 62-69 5.28.340 66-193 5.32.630 62-101 5.28.410 66-194 5.32.640 62-102 5.28.420 66-195 5.32.650 62-103 5.28.430 66-221 5.32.660 62-104 5.28.440 66-222 5.32.670 62-105 5.28.450 66-223 5.32.680 62-161 5.28.610 66-224 5.32.690 62-181 5.28.710 66-225 5.32.700 62-182 5.28.720 66-226 5.32.710 62-183 5.28.730 66-227 5.32.720 62-184 5.28.740 66-228 5.32.730 62-185 5.28.750 66-229 5.32.740 62-241 5.28.810 66-230 5.32.750 62-242 5.28.820 66-250 5.32.810 62-243 5.28.830 66-251 5.32.820 62-244 5.28.840 66-252 5.32.830 62-245 5.28.850 66-253 5.32.840 66-1 5.32.010 66-254 5.32.850 66-2 5.32.020 66-255 5.32.860 66-3 5.32.030 66-256 5.32.870 66-4 5.32.040 66-257 5.32.910 66-5 5.32.050 66-258 5.32.920 66-6 5.32.060 66-259 5.32.930 66-7 5.32.070 70-1 5.36.010 66-41 5.32.110 70-2 5.36.020 66-42 5.32.120 70-3 5.36.030 66-43 5.32.130 70-4 5.36.040 66-44 5.32.140 70-5 5.36.050 66-76 5.32.210 70-8 5.36.330 66-77 5.32.220 70-36 5.36.110 66-78 5.32.230 70-37 5.36.120 66-79 5.32.240 70-38 5.36.130 66-80 5.32.250 70-71 5.36.210 66-81 5.32.260 70-72 5.36.220 66-82 5.32.270 70-96 5.36.310 66-83 5.32.280 70-97 5.36.320 66-84 5.32.290 70-99 5.36.340 66-85 5.32.300 70-100 5.36.350 66-86 5.32.310 70-101 5.36.360 66-87 5.32.320 70-102 5.36.370 66-88 5.32.330 70-103 5.36.380 66-89 5.32.340 70-104 5.36.390 66-121 5.32.410 70-105 5.36.400 66-122 5.32.420 70-121 5.36.510 66-123 5.32.430 70-122 5.36.520 CCT:ll ORONO CODE 2003 Code Code 2003 Code Code Section Section Section Section 70-123 5.36.530 78-4 6.12.040 70-124 5.36.540 78-5 6.12.050 70-125 5.36.550 78-6 6.12.060 70-126 5.36.560 78-7 6.12.070 70-127 5.36.570 78-8 6.12.080 70-128 5.36.580 78-9 6.12.090 70-129 5.36.590 78-41 6.12.210 70-130 5.36.600 78-42 6.12.220 70-131 5.36.610 78-43 6.12.230 70-132 5.36.620 78-44 6.12.240 70-166 5.36.710 78-45 6.12.250 70-167 5.36.720 78-46 6.12.260 70-168 5.36.730 78-47 6.12.270 70-169 5.36.740 78-48 6.12.280 70-201 5.36.810 78-71 6.12.310 70-202 5.36.820 78-72 6.12.320 70-226 5.36.910 78-73 6.12.330 70-227 5.36.920 78-74 6.12.340 70-228 5.36.930 78-96 6.12.410 70-229 5.36.940 78-97 6.12.420 70-230 5.36.950 78-98 6.12.430 70-231 5.36.960 78-99 6.12.440 70-232 5.36.970 78-101 6.12.450 70-233 5.36.980 78-121 6.12.510 70-250 5.36.1010 78-122 6.12.520 70-251 5.36.1020 78-123 6.12.530 70-252 5.36.1030 78-124 6.12.540 70-253 5.36.1040 78-125 6.12.550 70-271 5.36.1110 78-126 6.12.560 70-272 5.36.1120 78-127 6.12.570 70-273 5.36.1130 78-128 6.12.580 70-274 5.36.1140 78-129 6.12.590 70-275 5,36.1150 78-130 6.12.600 70-276 5.36.1160 78-131 6.12.610 70-277 5.36.1210 78-141 6.12.710 70-278 5.36.1220 78-142 6.12.720 70-279 5.36.1230 78-143 6.12.730 74-1 6.04.010 78-144 6.12.740 74-2 6.04.020 78-145 6.12.750 74-3 6.04.030 78-146 6.12.760 75-1 6.08.010 78-148 6.12.770 75-2 6.08.020 78-149 6.12.780 75-3 6.08.030 78-150 6.12.790 75-4 6.08.040 78-161 6.12.810 75-5 6.08.050 78-162 6.12.820 75-6 6.08.060 78-163 6.12.830 75-7 6.08.070 78-164 6.12.840 75-8 6.08.080 78-165 6.12.850 75-9 6.08.090 78-166 6.12.860 75-10 6.08.100 78-201 6.12.910 78-1 6.12.010 78-225 6.12.1150 78-2 6.12.020 78-226 6.12.1010 78-3 6.12.030 78-227 6.12.1020 CCT:12 CODE COMPARATIVE TABLE 2003 Code Code 2003 Code Code Section Section Section Section 78-228 6.12.1030 78-577 6.12.2070 78-229 6.12.1040 78-578 6.12.2080 78-230 6.12.1050 78-579 6.12.2090 78-251 6.12.1110 78-601 6.12.3010 78-252 6.12.1120 78-602 6.12.3020 78-253 6.12.1130 78-603 6.12.3030 78-254 6.12.1140 78-604 6.12.3040 78-301 6.12.1310 78-605 6.12.3050 78-302 6.12.1320 78-606 6.12.3060 78-303 6.12.1330 78-607 6.12.3070 78-304 6.12.1340 78-608 6.12.3080 78-305 6.12.1350 78-609 6.12.3090 78-326 6.12.1410 78-621 6.12.3110 78-327 6.12.1420 78-622 6.12.3120 78-328 6.12.1430 78-623 6.12.3130 78-329 6.12.1440 78-624 6.12.3140 78-330 6.12.1450 78-625 6.12.3150 78-346 6.12.1510 78-626 6.12.3160 78-347 6.12.1520 78-627 6.12.3170 78-348 6.12.1530 78-628 6.12.3180 78-349 6.12.1540 78-629 6.12.3190 78-350 6.12.1550 78-641 6.12.3210 78-366 6.12.1610 78-642 6.12.3220 78-367 6.12.1620 78-643 6.12.3230 78-368 6.12.1630 78-644 6.12.3240 78-369 6.12.1640 78-645 6.12.3250 78-370 6.12.1650 78-646 6.12.3260 78-391 6.12.1710 78-661 6.12.3310 78-392 6.12.1720 78-662 6.12.3320 78-393 6.12.1730 78-664 6.12.3330 78-395 6.12.1750 78-665 6.12.3340 78-416 6.12.1810 78-666 6.12.3350 78-417 6.12.1820 78-667 6.12.3360 78-418 6.12.1830 78-668 6.12.3370 78-419 6.12.1840 78-669 6.12.3380 78-420 6.12.1850 78-670 6.12.3390 78-421 6.12.1860 78-671 6.12.3400 78-561 6.12.1910 78-672 6.12.3410 78-562 6.12.1920 78-673 6.12.3420 78-563 6.12.1930 78-674 6.12.3430 78-564 6.12.1940 78-675 6.12.3440 78-565 6.12.1950 78-676 6.12.3450 78-566 6.12.1960 78-677 6.12.3460 78-567 6.12.1970 78-678 6.12.3470 78-568 6.12.1980 78-701 6.12.3510 78-569 6.12.1990 78-702 6.12.3520 78-570 6.12.2000 78-703 6.12.3530 78-571 6.12.2010 78-704 6.12.3540 78-572 6.12.2020 78-705 6.12.3550 78-573 6.12.2030 78-706 6.12.3560 78-574 6.12.2040 78-707 6.12.3570 78-575 6.12.2050 78-731 6.12.3610 78-576 6.12,2060 78-732 6.12.3620 CCT:13 ORONO CODE 2003 Code Code 2003 Code Code Section Section Section Section 78-733 6.12.3630 78-1061 6.12.4410 78-734 6.12.3640 78-1062 6.12.4420 78-735 6.12.3650 78-1063 6.12.4430 78-736 6.12.3660 78-1064 6.12.4440 78-761 6.12.3710 78-1065 6.12.4450 78-762 6.12.3720 78-1066 6.12.4460 78-763 6.12.3730 78-1067 6.12.4470 78-764 6.12.3740 78-1101 6.12.4510 78-765 6.12.3750 78-1102 6.12.4520 78-766 6.12.3760 78-1103 6.12.4610 78-777 6.12.3870 78-1104 6.12.4620 78-791 6.12.3810 78-1105 6.12.4630 78-792 6.12.3820 78-1106 6.12.4640 78-793 6.12.3830 78-1107 6.12.4650 78-794 6.12.3840 78-1108 6.12.4660 78-795 6.12.3850 78-1109 6.12.4670 78-796 6.12.3860 78-1110 6.12.4680 78-821 6.12.3900 78-1111 6.12.4690 78-822 6.12.3910 78-1112 6.12.4700 78-823 6.12.3920 78-1113 6.12.4710 78-824 6.12.3930 78-1114 6.12.4810 78-825 6.12.3940 78-1115 6.12.4820 78-826 6.12.3950 78-1116 6.12.4910 78-827 6.12.3960 78-1117 6.12.4920 78-828 6.12.3970 78-1118 6.12.4930 78-829 6.12.3980 78-1119 6.12.4940 78-830 6.12.3990 78-1124 6.12.5010 78-831 6.12.4000 78-1125 6.12.5020 78-832 6.12.4010 78-1126 6.12.5030 78-911 6.12.4040 78-1127 6.12.5040 78-912 6.12.4050 78-1128 6.12.5110 78-913 6.12.4060 78-1129 6.12.5120 78-914 6.12.4070 78-1130 6.12.5210 78-915 6.12.4080 78-1131 6.12.5220 78-916 6.12.4090 78-1132 6.12.5230 78-917 6.12.4100 78-1140 6.12.5310 78-918' 6.12.4110 78-1141 6.12.5320 78-919 6.12.4120 78-1142 6.12.5330 78-920 6.12.4130 78-1143 6.12.5410 78-921 6.12.4140 78-1144 6.12.5420 78-922 6.12.4150 78-1145 6.12.5510 78-946 6.12.4180 78-1146 6.12.5520 78-949 6.12.4190 78-1147 6.12.5530 78-1001 6.12.4210 78-1148 6.12.5540 78-1002 6.12.4220 78-1149 6.12.5610 78-1003 6.12.4230 78-1150 6.12.5710 78-1004 6.12.4240 78-1151 6.12.5720 78-1005 6.12.4250 78-1152 6.12.5730 78-1006 6.12.4260 78-1153 6.12.5810 78-1007 6.12.4270 78-1154 6.12.5820 78-1008 6.12.4280 78-1155 6.12.5830 78-1009 6.12.4290 78-1211 6.12.5910 78-1010 6.12.4300 78-1212 6.12.5920 CCT:14 6• . CODE COMPARATIVE TABLE 2003 Code Code 2003 Code Code Section Section Section Section 78-1213 6.12.5930 78-1372 6.12.6770 78-1214 6.12.5940 78-1373 6.12.6780 78-1215 6.12.5950 78-1374 6.12.6790 78-1216 6.12.5960 78-1375 6.12.6800 78-1217 6.12.5970 78-1376 6.12.6810 78-1218 6.12.5980 78-1377 6.12.6820 78-1219 6.12.5990 78-1378 6.12.6830 78-1220 6.12.6000 78-1379 6.12.6840 78-1221 6.12.6020 78-1401 6.12.6910 78-1246 6.12.6110 78-1402 6.12.6920 78-1247 6.12.6120 78-1403 6.12.6930 78-1248 6.12.6130 78-1405 6.12.6940 78-1249 6.12.6140 78-1406 6.12.6950 78-1250 6.12.6150 78-1431 6.12.7010 78-1251 6.12.6160 78-1432 6.12.7020 78-1252 6.12.6170 78-1433 6.12.7030 78-1276 6.12.6210 78-1434 6.12.7040 78-1277 6.12.6220 78-1435 6.12.7050 78-1278 6.12.6230 78-1437 6.12.7060 78-1279 6.12.6240 78-1438 6.12.7070 78-1280 6.12.6250 78-1440 6.12.7080 78-1281 6.12.6260 78-1465 6,12.7110 78-1282 6.12.6270 78-1466 6.12.7120 78-1283 6.12.6280 78-1467 6.12.7130 78-1284 6.12.6290 78-1468 6.12.7140 78-1285 6.12.6300 78-1469 6.12.7150 78-1286 6.12.6310 78-1470 6.12.7160 78-1287 6.12.6320 78-1471 6.12.7170 78-1288 6.12.6330 78-1472 6.12.7180 78-1289 6.12.6340 78-1473 6.12.7190 78-1290 6.12.6350 78-1474 6.12.7200 78-1291 6.12.6360 78-1475 6.12.7210 78-1292 6.12.6370 78-1476 6.12,7220 78-1293 6.12.6380 78-1477 6.12.7230 78-1294 6.12.6390 78-1478 6.12.7240 78-1295 6.12.6400 78-1479 6.12.7250 78-1321 6.12.6510 78-1480 6.12.7260 78-1322 6.12.6520 78-1481 6.12.7270 78-1324 6.12.6540 78-1482 6.12.7280 78-1325 6.12.6550 78-1483 6.12.7290 78-1326 6.12.6560 78-1484 6.12.7300 78-1327 6.12.6570 78-1485 6.12.7310 78-1328 6.12.6580 78-1491 6.12.7410 78-1329 6.12.6590 78-1511 6.12.7510 78-1330 6.12.6600 78-1512 6.12.7520 78-1331 6.12.6610 78-1513 6.12.7530 78-1333 6.12.6530 78-1514 6.12.7540 78-1366 6.12.6710 78-1515 6.12.7550 78-1367 6.12.6720 78-1516 6.12.7560 78-1368 6.12.6730 78-1536 6.12.7610 78-1369 6.12.6740 78-1537 6.12.7620 78-1370 6,12.6750 78-1538 6.12.7630 78-1371 6.12.6760 78-1539 6.12.7640 CCT:15 W ORONO CODE 2003 Code Code 2003 Code Code Section Section Section Section 78-1540 6.12.7650 78-1683 6.12.9140 78-1541 6.12.7660 78-1684 6.12.9150 78-1542 6.12.7670 78-1685 6.12.9160 78-1566 6.12.7710 78-1686 6.12.9170 78-1567 6.12.7720 78-1700 6.12.9210 78-1568 6.12.7730 78-1701 6.12.9220 78-1569 6.12.7740 78-1725 6.12.9410 78-1570 6.12.7750 78-1726 6.12.9420 78-1571 6.12.7760 78-1745 6.12.9510 78-1572 6.12.7770 78-1746 6.12.9520 78-1573 6.12.7780 78-1747 6.12.9530 78-1574 6.12.7790 78-1748 6.12.9540 78-1575 6.12.7800 78-1749 6.12.9550 78-1576 6.12.7810 78-3394 6.12.1740 78-1577 6.12.7820 79-1 6.16.010 78-1578 6.12.7830 79-2 6.16.020 78-1579 6.12.7840 79-3 6.16.030 78-1580 6.12.7850 79-4 6.16.040 78-1581 6.12.7860 79-5 6.16.050 78-1590 6.12.7900 79-6 6.16.060 78-1591 6.12.7910 79-7 6.16.070 78-1592 6.12.7920 79-8 6.16.080 78-1593 6.12.7930 79-9 6.16.090 78-1594 6.12.7940 79-10 6.16.100 78-1601 6.12.8010 79-11 6.16.110 78-1602 6.12.8110 79-12 6.16.120 78-1603 6.12.8120 79-13 6.16.130 78-1604 6.12.8130 79-14 6.16.140 78-1605 6.12.8210 82-1 6.20.010 78-1606 6.12.8310 82-2 6.20.020 78-1607 6.12.8320 82-3 6.20.030 78-1608 6.12.8410 82-4 6.20.040 78-1609 6.12.8420 82-5 6.20.050 78-1610 6.12.8430 82-6 6.20.060 78-1611 6.12.8440 82-7 6.20.070 78-1613 6.12.8450 82-8 6.20.080 78-1614 6.12.8460 82-9 6.20.090 78-1631 6.12.8510 82-10 6.20.100 78-1632 6.12.8520 82-11 6.20.110 78-1633 6.12.8530 82-12 6.20.120 78-1634 6.12.8610 82-13 6.20.130 78-1635 6.12.8620 82-46 6.20.210 78-1636 6.12.8710 82-47 6.20.220 78-1637 6.12.8720 82-48 6.20.230 78-1638 6.12.8810 82-49 6.20.240 78-1639 6.12.8820 82-50 6.20.250 78-1640 6.12.8910 82-81 6.20.310 78-1670 6.12.9010 82-82 6.20.320 78-1671 6.12.9020 82-83 6.20.330 78-1672 6.12.9030 82-84 6.20.340 78-1680 6.12.9110 82-85 6.20.350 78-1681 6.12.9120 82-86 6.20.360 78-1682 6.12.9130 82-111 6.20.410 CCT:16 2003 Code Section 82-112 82-113 82-114 82-115 82-116 82-141 82-142 82-143 82-144 82-145 82-172 82-173 82-174 82-175 82-200 82-212 82-213 82-214 82-215 82-216 82-217 82-218 82-219 82-220 82-221 82-222 82-223 82-224 82-225 82-226 82-248 82-251 82-252 82-253 82-254 82-255 82-256 82-257 82-281 82-282 82-283 82-284 82-285 82-300 86-1 86-2 86-3 86-4 86-5 86-36 86-37 86-38 86-39 CODE COMPARATIVE TABLE Code Section 6.20.420 6.20.430 6.20.440 6.20.450 6.20.460 6.20.510 6.20.520 6,20.530 6.20.540 6.20.550 6.20.610 6.20.620 6.20.630 6.20.640 6.20.710 6.20.810 6.20.820 6.20.830 6.20.840 6.20.850 6.20.860 6.20.870 6.20.880 6.20.890 6.20.900 6.20.910 6.20.920 6.20.930 6.20.940 6.20.950 6.20.1080 6.20.1010 6.20.1020 6.20.1030 6.20.1040 6.20.1050 6.20,1060 6.20.1070 6.20.1110 6.20.1120 6.20.1130 6.20.1140 6.20.1150 6.20.1200 6.24.010 6.24.020 6.24.030 6.24.040 6.24.050 6.24.110 6.24.120 6.24.130 6.24.140 2003 Code Section 86-40 86-42 86-43 86-66 86-67 86-68 86-69 86-70 94-1 94-36 94-38 94-71 94-72 94-73 94-74 94-136 94-137 94-138 94-139 94-140 94-181 94-182 94-183 94-184 94-185 CCT:17 Code Section 6.24.150 6.24.160 6.24.170 6.24.210 6.24.220 6.24.230 6.24.240 6.24.250 6.28.010 6.28.110 6.28.120 6.28.210 6.28.220 6.28.230 6.28.240 6.28.310 6.28.320 6.28.330 6.28.340 6.28.350 6.28.410 6.28.420 6.28.430 6.28.440 6.28.450 CODE COMPARATIVE TABLE LEGISLATION The following table gives the location of ordinances and other legislation within the Code. Code Legislation Date Section Section Ord. No. 77(2nd series) 1-8-1990 1 3.04.010 Ord. No. 94(2nd series) 5-13-1991 1 6.12.010 Ord. No. 97(2nd series) 8-26-1991 1 6.12.010 Ord. No. 98(2nd series) 11-12-1991 1 6.28.410 - 6.28.440 2 6.28.450 Ord. No. 101(2nd series) 2-24-1992 1(10.16(17)) 6.12.6170 1(10.56(1)) 6.12.5920 1(10.56(2)) 6.12.5930 1(10.56(3)) 6.12.5910 1(10.56(4)) 6.12.5950 1(10.56(5)) 6.12.5960 1(10.56(6)) 6.12.6110 1(10.56(7)) 6.12.5970 1(10.56(8)) 6.12.5980 1(10.56(9)) 6.12.5990 1(10.56(10)) 6.12.6120 1(10.56(11)) 6.12.6130 1(10.56(12)) 6.12.6140 1(10.56(13)) 6.12.6150 1(10.56(14)) 6.12.6160 1(10.56(15)) 6.12.6000 1(10.56(16)) 6.12.6210 1(10.56(16)(A)) 6.12.6220 1(10.56(16)(13)) 6.12.6230 1(10.56(16)(C)) 6.12.6240 1(10.56(16)(D)) 6.12.6250 1(10.56(16)(E)) 6.12.6260 1(10.56(16)(F)) 6.12.6270 1(10.56(16)(G)) 6.12.6280 1(10.56(16)(H)) 6.12.6290 1(10.56(16)(I)) 6.12.6300 1(10.56(16)(J)) 6.12.6310 1(10.56(16)(K)) 6.12.6320 1(10.56(16)(M)) 6.12.6340 1(10.56(16)(N)) 6.12.6350 1(10.56(16)(0)) 6.12.6360 1(10.56(16)(P)) 6.12.6370 1(10.56(16)(Q)) 6.12.6380 1(10.56(16)(R)) 6.12.6390 1(10.56(16)(S)) 6.12.6400 1(10.56(18)) 6.12.6010 1(10.56(19)(A)) 6.12.6510 1(10.56(19)(B)) 6.12.6520 1(10.56(19)(C)) 6.12.6530 1(10.56(19)(D)) 6.12.6540 CCT:19 W) U) W ORONO CODE Code Legislation Date Section Section 1(10.56(19)(E)) 6.12.6550 1(10.56(19)(F)) 6.12.6560 1(10.56(19)(G)) 6.12.6570 1(10.56(19)(H)) 6.12.6580 1(10.56(19)(I)) 6.12.6590 1(10.56(19)(J)) 6.12.6600 1(10.56(19)(K)) 6.12.6610 1(10.56(20)) 6.12.6020 1(10.56(21)) 6.12.5940 2 6.12.010 Ord. No. 104(2nd series) 7-27-1992 1 6.28.010 Ord. No. 108(2nd series) 8-24-1992 1 5.36.040 Ord. No. 110(2nd series) 11-9-1992 1 6.28.010 Ord. No. 112(2nd series) 1-11-1993 1 3.08.110 — 3.08.120 Ord. No. 115(2nd series) 5-24-1993 — 1.08.710 — 6.04.010 — 6.04.020 — 6.04.030 Ord. No. 117(2nd series) 6-28-1993 1 6.28.110 1(5.42(5)) 6.28.120 2(5.43(1)) 6.28.210 2(5.43(5)) 6.28.220 2(5.43(5)(B)) 6.28.230 2(5.43(5)(C)) 6.28.240 Ord. No. 121(2nd series) 9-27-1993 3 5.08.220 Ord. No. 122(2nd series) 12-13-1993 1 6.12.010 2 6.12.6750 Ord. No. 126(2nd series) 4-25-1994 1 6.12.5910 Ord. No. 127(2nd series) 7-11-1994 1 6.12.5930 2 6.12.5910 3 6.12.5910 4 6.12.5910 5 6.12.5970 7 6.12.6300 8 6.12.6310 Ord. No. 27(2nd series) 7-11-1994 6 6.12.5990 Ord. No. 129(2nd series) 10-24-1994 1 2.04.830 2 2.04.440 — 2.04.840 Ord. No. 132(2nd series) 1-23-1995 2 6.12.3310 — 6.12.3320 — 6.12.3330 — 6.12.3340 — 6.12.3350 — 6.12.3360 — 6.12.3370 — 6.12.3380 — 6.12.3390 — 6.12.3400 — 6.12.3410 — 6.12.3420 — 6.12.3430 CCT:20 CODE COMPARATIVE TABLE Code Legislation Date Section Section — 6.12.3440 2(10.41(16)) 6.12.3450 2(10.41(17)) 6.12.3450 2(10.41(18)) 6.12.3460 2(10.41(19)) 6.12.3470 Ord. No. 134(2nd series) 4-10-1995 — 6.24.130 — 6.24.140 — 6.24.150 Ord. No. 137(2nd series) 7-24-1995 9.12(1) 5.28.410 9.12(2) 5.28.320 — 5.28.440 9.12(8) 5.28.330 9.12(9) 5.28.340 9.12(11(2)) 5.28.420 9.12(11(3)) 5.28.020 9.12(11(4)) 5.28.450 9.12(11(5)) 5.28.450 9.12(12) 5.28.210 9.12(13) 5.28.430 9.12(14) 5.28.100 9.13(8) 5.28.310 Ord. No. 140(2nd series) 8-28-1995 1 4.04.310 1(5.35(5)) 5.20.330 Ord. No. 145(2nd series) 3-11-1996 1 6.12.1030 — 6.12.1130 — 6.12.1330 — 6.12.1430 — 6.12.1530 — 6.12.1620 — 6.12.1730 — 6.12.1830 Ord. No. 150(2nd series) 8-26-1996 1 1.08.130 Ord. No. 152(2nd series) 10-28-1996 1 6.12.3230 — 6.12.3540 2 6.12.3740 3 6.12.3830 4 6.12.3840 — 6.12.3850 Ord. No. 155(2nd series) 2-10-1997 1 4.20.420 3 5.32.530 5 5.32.550 8(9.24(1)) 5.24.1010 8(9.24(2)) 5.24.1040 8(9.24(3)) 5.24.1050 8(9.24(4)) 5.24.1060 8(9.24(5)) 5.24.1070 8(9.24(6)) 5.24.1030 8(9.24(7)) 5.24.1020 Ord. No. 160(2nd series) 5-12-1997 — 1.16.010 Ord. No. 161(2nd series) 6-7-1997 1 6.12.010 2 6.12.4180 3 6.12.1030 — 6.12.1130 CCT:21 ORONO CODE Code Legislation Date Section Section — 6.12.1330 — 6.12.1430 — 6.12.1530 — 6.12.1620 — 6.12.1730 — 6.12.1830 4 6.12.1030 — 6.12.1130 — 6.12.1330 — 6.12.1430 — 6.12.1530 — 6.12.1620 — 6.12.1730 — 6.12.1830 6 6.12.1040 — 6.12.1140 — 6.12.1340 — 6.12.1440 — 6.12.1540 — 6.12.1630 — 6.12.1740 — 6.12.1840 — 6.12.3150 7 6.12.1820 8 6.12.3240 — 6.12.3250 — 6.12.3550 — 6.12.3560 — 6.12.3650 — 6.12.3860 9 6.12.3640 10 6.12.3740 12 6.12.6710 Ord. No. 162(2nd series) 9-22-1997 1 6.12.6170 Ord. No. 163(2nd series) 12-8-1997 3 6.12.6310 Ord. No. 164(2nd series) 12-8-1997 100 5.12.140 200(11) 5.12.110 300 5.12.310 300(1) 5.12.320 300(2) 5.12.330 300(3) 5.12.370 300(4) 5.12.430 300(5) 5.12.390 300(6) 5.12.350 300(7) 5.12.420 300(8) 5.12.380 400 5.12.360 500 5.12.340 600 5.12.170 700 5.12.180 800 5.12.190 900 5.12.400 1000 5.12.410 CCT:22 CODE COMPARATIVE TABLE Code Legislation Date Section Section 1100 5.12.160 1200 5.12.200 1300 5.12.120 1400 5.12.130 1500 5.12.150 Ord. No. 165(2nd series) 12-8-1997 — 5.04.230 5.04.240 Ord. No. 178(2nd series) 12-8-1997 1 6.12.1030 — 6.12.1130 — 6.12.1330 — 6.12.1430 — 6.12.1530 — 6.12.1620 Ord. No. 167(2nd series) 1-12-1998 2(9.30(1)) 5.24.1120 2(9.30(2)) 5.24.1110 2(9.30(3)) 5.24.1160 2(9.30(4)) 5.24.1210 2(9.30(5)) 5.24.1250 2(9.30(6)) 5.24.1220 2(9.30(7)) 5.24.1230 2(9.30(8)) 5.24.1260 2(9.30(9)) 5.24.1170 2(9.30(10)) 5.24.1270 2(9.30(11)) 5.24.1280 2(9.30(12)) 5.24.1240 2(9.30(13)) 5.24.1130 2(9.30(14)) 5.24.1140 2(9.30(16)) 5.24.1150 Ord. No. 170(2nd series) 3-23-1998 1 6.12.3740 Ord. No. 171(2nd series) 4-4-1998 2 6.12.6310 Ord. No. 179(2nd series) 10-12-1998 1 6.12.7060 2 6.12.1030 — 6.12.1130 — 6.12.1330 — 6.12.1430 — 6.12.1530 — 6.12.1620 — 6.12.1730 — 6.12.1830 Ord. No. 182(2nd series) 1-25-1999 1(2.06(1)) 1.08.310 1(2.06(2)) 1.08.320 1(2.06(3)) 1.08.330 1(2.06(4)) 1.08.350 1(2.06(6)) 1.08.340 1(2.06(7)) 1.08.360 Ord. No. 183(2nd series) 2-22-1999 1 6.12.3240 — 6.12.3550 2 6.12.3240 — 6.12.3550 3 6.12.3250 — 6.12.3560 — 6.12.3650 — 6.12.3860 CCT:23 ORONO CODE Code Legislation Date Section Section 4 6.12.1520 — 6.12.1610 Ord. No. 185(2nd series) 2-22-1999 1 5.04.110 — 5.04.120 — 5.04.130 — 5.04.140 — 5.04.150 — 5.04.160 — 5.04.170 — 5.04.180 — 5.04.190 Ord. No. 186(2nd series) 4-26-1999 1 5.08.220 Ord. No. 188(2nd series) 6-5-1999 1 6.24.140 2 6.24.150 4 6.24.130 Ord. No. 191(2nd series) 6-14-1999 1 5.24.010 Ord. No. 193(2nd series) 11-8-1999 1 6.12.6820 Ord. No. 198(2nd series) 4-24-2000 1 6.12.3740 Ord. No. 201(2nd series) 2-12-2001 1 6.12.3870 Ord. No. 202(2nd series) 2-26-2001 1 6.12.6000 1(1) 6.12.3110 1(2) 6.12.3130 1(3) 6.12.3140 1(4) 6.12.3150 1(5) 6.12.3160 1(6) 6.12.3170 1(7) 6.12.3180 1(8) 6.12.3190 1(9) 6.12.3120 Ord. No. 203(2nd series) 2-26-2001 1 6.12.4410 2 6.12.4420 3 6.12.4450 Ord. No. 204(2nd series) 6-25-2001 1 6.12.3640 Ord. No. 206(2nd series) 9-10-2001 1 6.12.7820 Ord. No. 207(2nd series) 10-22-2001 3(10.53(9)) 6.12.4290 Ord. No. 208(2nd series) 10-22-2001 1 5.28.610 2 5.28.710 3 5.28.720 4 5.28.730 6 5.28.410 7 5.28.210 8 5.28.090 — 5.28.100 Ord. No. 209(2nd series) 11-13-2001 1 3.08.300 Ord. No. 211(2nd series) 11-26-2001 1 6.12.6940 2 6.12.6940 3 6.12.6940 4 6.12.6940 5 6.12.6940 Ord. No. 213(2nd series) 12-10-2001 1(1) 2.04.1110 1(2) 2.04.1120 1(3) 2.04.1150 1(4) 2.04.1140 CCT:24 0 co co CODE COMPARATIVE TABLE Code Legislation Date Section Section 1(5) 2.04.1150 1(6) 2.04.1170 1(7) 2.04.1130 1(8) 2.04.1160 1(9) 2.04.1160 1(10(1)) 2.04.1010 1(10(2)) 2.04.1020 1(10(3)) 2.04.1030 Ord. No. 214(2nd series) 12-10-2001 1(1) 2.04.1210 1(2) 2.04.1220 1(3) 2.04.1230 1(4) 2.04.1230 1(5) 2.04.1240 1(8) 2.04.1260 1(9) 2.04.1230 1(10) 2.04.1250 1(11(1)) 2.04.1010 1(11(2)) 2.04.1020 1(11(3)) 2.04.1030 Ord. No. 215(2nd series) 3-11-2002 1 6.12.6930 Ord. No. 217(2nd series) 3-25-2002 2.04.310 Ord. No. 221(2nd series) 9-23-2002 1 4.04.310 2 6.12.010 3 6.12.1040 — 6.12.1140 — 6.12.1340 — 6.12.1440 — 6.12.1540 — 6.12.1630 — 6.12.1740 — 6.12.1840 — 6.12.1960 — 6.12.3150 4 6.12.6810 Ord. No. 222(2nd series) 11-12-2002 1 2.04.1230 Ord. No. 225(2nd series) 5-12-2003 3(10.53(11)) 6.12.4300 Ord. No. 226(2nd series) 5-27-2003 1 6.12.1520 — 6.12.1610 — 6.12.1820 2 6.12.1530 — 6.12.1620 — 6.12.1730 — 6.12.1830 Ord. No. 2(3rd series) 11-10-2003 1 5.36.050 Ord. No. 4(3rd series) 11-11-2003 1 6.12.7410 2 6.12.7820 Ord. No. 9(3rd series) 5-24-2004 1 6.12.320 Ord. No. 11(3rd series) 5-24-2004 1 6.12.6240 Ord. No. 12(3rd series) 5-24-2004 1 6.12.6940 Ord. No. 13(3rd series) 5-24-2004 1 6.12.7020 Ord. No. 15(3rd series) 6-28-2004 1 6.12.7010 Ord. No. 18(3rd series) 9-27-2004 1 6.12.010 2 6.12.010 CCT:25 ORONO CODE Code Legislation Date Section Section 3 6.12.1050 — 6.12.1150 — 6.12.1350 — 6.12.1450 — 6.12.1550 — 6.12.1650 — 6.12.1750 — 6.12.1850 — 6.12.2020 — 6.12.3260 — 6.12.3410 — 6.12.3570 — 6.12.3660 — 6.12.3760 — 6.12.3870 Ord. No. 21(3rd series) 11-8-2004 1 6.12.7820 Ord. No. 24(3rd series) 3-28-2005 1 6.24.130 2 6.24.140 3 6.24.150 4 6.24.160 5 6.24.170 Ord. No. 25(3rd series) 5-23-2005 1 1.08.230 — 4.04.120 Ord. No. 28(3rd series) 8-22-2005 1 6.12.8010 — 6.12.8110 — 6.12.8120 — 6.12.8130 — 6.12.8210 — 6.12.8310 — 6.12.8320 — 6.12.8410 — 6.12.8420 — 6.12.8430 — 6.12.8440 — 6.12.8450 — 6.12.8460 2 6.12.010 3 6.12.1030 4 6.12.1130 5 6.12.1330 6 6.12.1430 7 6.12.1530 8 6.12.1620 9 6.12.1740 10 6.12.1840 12 6.12.1930 13 6.12.1950 14 6.12.1980 15 6.12.2000 16 6.12.5910 17 6.12.6310 Ord. No. 29(3rd series) 10-24-2005 1 6.12.7820 2 6.12.7820 CCT:26 N co co CODE COMPARATIVE TABLE Code Legislation Date Section Section 3 6.12.7820 Ord. No. 30(3rd series) 11-28-2005 1 6.12.6940 Ord. No. 33(3rd series) 2-27-2006 1 6.12.310 Ord. No. 32(3rd series) 3-27-2006 1 6.12.010 2 6.12.3900 — 6.12.3910 — 6.12.3920 — 6.12.3930 — 6.12.3940 — 6.12.3950 — 6.12.3960 — 6.12.3970 — 6.12.3980 — 6.12.3990 — 6.12.4000 — 6.12.4010 4 6.12.4460 6 6.12.7510 7 6.12.7520 8 6.12.7560 9 6.12.7610 Ord. No. 37(3rd series) 2-12-2007 1 6.12.010 2 6.12.010 Ord. No. 42(3rd series) 2-11-2008 1 6.08.010 — 6.08.020 — 6.08.030 — 6.08.040 — 6.08.050 — 6.08.060 — 6.08.070 — 6.08.080 — 6.08.090 2 6.12.220 Ord. No. 43(3rd series) 2-25-2008 1 6.12.6940 Ord. No. 44(3rd series) 2-25-2008 1 6.12.1020 — 6.12.1030 2 6.12.1120 — 6.12.1130 3 6.12.1320 — 6.12.1330 4 6.12.1420 — 6.12.1430 5 6.12.1520 — 6.12.1530 6 6.12.1610 — 6.12.1620 7 6.12.1720 — 6.12.1730 8 6.12.1820 — 6.12.1830 Ord. No. 45(3rd series) 2-25-2008 1 6.12.1030 2 6.12.1130 3 6.12.1330 CCT:27 M W W ORONO CODE Code Legislation Date Section Section 4 6.12.1430 5 6.12.1530 6 6.12.1620 7 6.12.1730 8 6.12.1830 11 6.12.7060 Ord. No. 47(3rd series) 7-28-2008 1 6.12.010 3 6.12.3240 4 6.12.4190 Ord. No. 49(3rd series) 9-8-2008 1 6.24.230 Ord. No. 50(3rd series) 10-13-2008 1 2.04.840 Ord. No. 52(3rd series) 11-24-2008 1 6.12.010 2 6.12.7050 3 6.12.7080 Ord. No. 55(3rd series) 4-13-2009 1 6.16.010 — 6.16.020 — 6.16.030 — 6.16.040 — 6.16.050 — 6.16.060 — 6.16.070 — 6.16.080 — 6.16.090 — 6.16.100 — 6.16.110 — 6.16.120 — 6.16.130 — 6.16.140 Ord. No. 56(3rd series) 4-13-2009 1 2.04.010 2 2.04.1310 — 2.04.1320 — 2.04.1330 — 2.04.1340 — 2.04.1350 — 2.04.1360 — 2.04.1370 — 2,04.1380 — 2.04.1390 — 2.04.1400 Ord. No. 58(3rd series) 4-27-2009 1 4.08.010 — 4.08.020 — 4.08.030 — 4.08.040 — 4.08.050 — 4.08.060 — 4, 08.110 — 4.08.120 — 4.08.130 — 4.08.140 — 4.08.150 — 4.08.160 — 4.08.170 — 4.08.180 CCT:28 Iqt co co CODE COMPARATIVE TABLE Code Legislation Date Section Section — 4.08.190 — 4.08.200 — 4.08.210 Ord. No. 59(3rd series) 5-11-2009 1 6.12.5910 2 6.12.6270 Ord. No. 63(3rd series) 9-14-2009 1 6.12.6220 Ord. No. 64(3rd series) 9-14-2009 1 6.12.6750 Ord. No. 65(3rd series) 11-23-2009 1 6.08.010 2 6.08.100 Ord. No. 67(3rd series) 1-11-2010 1 6.12.8510 — 6.12.8520 — 6.12.8530 — 6.12.8610 — 6.12.8620 — 6.12.8710 — 6.12.8720 — 6.12.8810 — 6.12.8820 — 6.12.8910 Ord. No. 68(3rd series) 2-8-2010 1 6.12.220 2 6.12.250 3 6.12.010 4 6.12.3220 5 6.12.3330 6 6.12.3520 7 6.12.3620 8 6.12.3720 9 6.12.3820 10 6.12.3900 11 6.12.710 — 6.12.720 — 6.12.730 — 6.12.740 — 6.12.750 — 6.12.760 — 6.12.770 — 6.12.780 — 6.12.790 Ord. No. 69(3rd series) 4-12-2010 1 6.16.050 — 6.16.060 — 6.16.070 — 6.16.080 — 6.16.090 — 6.16.100 — 6.16.110 — 6.16.120 Ord. No. 72(3rd series) 6-26-2010 1 6.12.3230 2 6.12.3540 3 6.12.3730 Ord. No. 71(3rd series) 6-28-2010 1 4.12.010 — 4.12.020 — 4.12.110 — 4.12.120 CCT:29 ORONO CODE Code Legislation Date Section Section — 4.12,130 — 4.12.140 — 4.12.150 — 4.12.160 — 4.12.170 — 4.12.180 — 4.12.190 — 4.12.200 Ord. No. 74(3rd series) 6-28-2010 1 3.08.410 — 3.08.420 — 3.08.430 — 3.08.440 — 3.08.450 — 3.08.460 Ord. No. 75(3rd series) 7-12-2010 1 6.12.3140 2 6.12.010 Ord. No. 76(3rd series) 7-12-2010 1 5.08.220 Ord. No. 77(3rd series) 7-12-2010 1 6,12.4090 Ord. No. 78(3rd series) 8-23-2010 1 5.16.010 — 5.16.020 — 5.16.030 — 5.16.040 — 5.16.050 Ord. No. 79(3rd series) 11-8-2010 1 6.12.010 2 6.12.1030 3 6.12.1130 4 6.12.1330 5 6.12.1430 6 6.12.1530 7 6.12.1620 8 6.12.1730 9 6.12.1830 Ord. No. 80(3rd series) 11-22-2010 1 6.12.580 2 6.12.590 3 6.12.600 Ord. No. 82(3rd series) 12-13-2010 1 6.12.010 2 6.12.1020 3 6.12.1030 4 6.12.1040 5 6.12.1120 6 6.12.1130 7 6.12.1140 8 6.12.1320 9 6.12.1330 10 6.12.1340 11 6.12.1420 12 6.12.1430 13 6.12.1440 14 6.12.1520 15 6.12.1530 16 6.12.1540 17 6.12.1610 18 6.12.1620 CCT:30 co co co Legislation Ord. No. 84(3rd series) Ord. No. 85(3rd series) Ord. No. 87(3rd series) Ord. No. 88(3rd series) Ord. No. 89(3rd series) Ord. No. 90(3rd series) Ord. No. 92(3rd series) Ord. No. 93(3rd series) CODE COMPARATIVE TABLE Date 1-24-2011 2-14-2011 4-11-2011 6-27-2011 11-28-2011 12-12-2011 3-26-2012 6-25-2012 Ord. No. 94(3rd series) 9-24-2012 CCT:31 Section 19 20 21 22 23 24 25 1 1 1 2 3 4 1 2 3 1 2 1 2 3 4 '6, 6 7 8 9 11 1 2 3 4 5 6 7 8 1 2 3 4 5 1 2 3 4 5 6 7 8 Code Section 6.12.1630 6.12.1720 6.12.1730 6.12.1740 6.12.1820 6.12.1830 6.12.1840 6.12.230 6.12.310 4.12.020 4.12.120 4.12.180 4.12.210 6.12.510 6.12.520 6.12.530 6.12.1730 6.12.1830 6.12.010 6.12.1020 6.12.1120 6.12.1320 6.12.1330 6.12.1420 6.12.1430 6.12.1520 6.12.1530 6.12.1610 6.12.1620 6.12.1720 6.12.1820 6.12.1940 6.12.320 6.12.1930 6.12.1980 6.12.1980 6.12.1980 6.12.1980 6.12.1980 6.12.2080 6.12.1340 6.12.1440 6.12.1540 6.12.1630 6.12.1960 6.12.010 6.12.3160 6.12.3870 6.12.3940 6.12.5910 6.12.6330 6.12.6590 6.12.8010 ORONO CODE Code Legislation Date Section Section 9 6.12.8530 11 6.12.9010 — 6.12.9020 — 6.12.9030 — 6.12.9110 — 6.12.9120 — 6.12.9130 — 6.12.9140 — 6.12.9150 — 6.12.9160 — 6.12.9170 — 6.12.9210 — 6.12.9220 Ord. No. 95(3rd series) 10-8-2012 1 6.12.320 Ord. No. 96(3rd series) 11-13-2012 3(3.01) 6.12.1040 — 6.12.1140 — 6.12.1340 — 6.12.1440 — 6.12.1540 — 6.12.1630 — 6.12.1740 — 6.12.1840 3(3.02) 6.12.1040 — 6.12.1140 — 6.12.1340 — 6.12.1440 — 6.12.1540 — 6.12.1630 — 6.12.1740 — 6.12.1840 Ord. No. 99(3rd series) 1-28-2013 1 6.12.6930 Ord. No. 100(3rd series) 2-25-2013 1 6.12.1330 2 6.12.1430 3 6.12.1530 4 6.12.1620 5 6.12.1740 6 6.12.1840 8 6.12.1960 9 6.12.010 Ord. No. 103(3rd series) 5-28-2013 1 6.12.8010 2 6.12.8210 3 6.12.8310 4 6.12.8320 5 6.12.8410 6 6.12.8430 7 6.12.8440 Ord. No. 105(3rd series) 5-28-2013 1 6.12.2010 Ord. No. 106(3rd series) 6-10-2013 2 6.12.910 3 6.12.1040 4 6.12.1140 5 6.12.1340 6 6.12.1440 7 6.12.1540 CCT:32 ao co co CODE COMPARATIVE TABLE Code Legislation Date Section Section 8 6.12.1630 9 6.12.1740 10 6.12.1840 12 6.12.3150 13 6.12.3250 14 6.12.3360 15 6.12.3560 16 6,12.3650 17 6.12.3750 18 6.12.3860 19 6.12.3930 20 6.12.6710 22 6.12.6940 24 6.12.7040 25 6.12.7050 26 6.12.010 27 6.12.6260 28 6.12.6240 29 6.12.6830 Ord. No. 108(3rd series) 7-8-2013 1 6.12.320 Ord. No. 119(3rd series) 12-9-2013 1 6.12.6840 Ord. No. 121(3rd series) 12-9-2013 1 5.32.810 — 5.32.820 — 5.32.830 — 5.32.840 — 5.32.850 — 5.32.860 — 5.32.870 2 5.32.910 — 5.32.920 — 5.32.930 Ord. No. 126(3rd series) 11-10-2014 1 5.12.110 2 5.12.210 3 5.12.310 — 5.12.320 4 5.12.440 Ord. No. 130(3rd series) 1-26-2015 1 6.12.5910 Ord. No. 132(3rd series) 1-26-2015 1 6.12.4210 Ord. No. 133(3rd series) 1-26-2015 2 6.12.6310 3 6.12.6310 Ord. No. 137(3rd series) 2-9-2015 1 2.04.540 Ord. No. 139(3rd series) 2-23-2015 1 6.12.6940 2 6.12.010 Ord. No. 140(3rd series) 3-23-2015 1 6.12.6940 Ord. No. 142(3rd series) 4-13-2015 1 6.12.6840 2 6.12.6840 Ord. No. 144(3rd series) 4-13-2015 1 1.04.080 Ord. No. 146(3rd series) 5-11-2015 1 6.24.210 2 6.24.230 Ord. No. 149(3rd series) 5-26-2015 1 2.04.1210 — 2.04.1220 — 2.04.1230 — 2.04.1240 CCT:33 ORONO CODE Code Legislation Date Section Section — 2.04.1250 — 2.04.1260 — 2.04.1270 Ord. No. 150(3rd series) 6-8-2015 1 6.12.010 Ord. No. 151(3rd series) 7-27-2015 2 6.24.250 Ord. No. 152(3rd series) 7-27-2015 1 6.24.230 Ord. No. 153(3rd series) 8-10-2015 2 6.12.580 3 6.12.780 4 6.12.4110 Ord. No. 154(3rd series) 8-10-2015 1 6.12.310 Ord. No. 156(3rd series) 8-10-2015 1 6.12.010 2 6.12.3240 3 6.12.3540 Ord. No. 157(3rd series) 8-10-2015 1 6.12.6240 Ord. No. 160(3rd series) 11-9-2015 1 6.12.010 — 6.12.3240 Ord. No. 163(3rd series) 2-22-2016 1 3.08.460 Ord. No. 164(3rd series) 2-22-2016 1 1.08.130 Ord. No. 165(3rd series) 3-14-2016 1 6.12.7070 Ord. No. 166(3rd series) 3-14-2016 1 6.12.430 Ord. No. 167(3rd series) 4-11-2016 1 6.12.010 2 6.12.1320 Ord. No. 168(3rd series) 5-9-2016 1 6.12.270 Ord. No. 170(3rd series) 6-13-2016 1 6.12.010 2 6.12.6930 3 6.12.6940 4 6.12.6940 5 6.12.9160 Ord. No. 173(3rd series) 6-27-2016 1 6.12.010 2 6.12.1050 3 6.12.1150 4 6.12.1350 5 6.12.1450 6 6.12.1550 7 6.12.1650 8 6.12.1750 9 6.12.1850 10 6.12.2020 11 6.12.3260 12 6.12.3410 13 6.12.3570 14 6.12.3660 15 6.12.3760 16 6.12.3870 17 6.12.3940 Ord. No. 175(3rd series) 7-11-2016 1 6.12.6770 Ord. No. 176(3rd series) 8-22-2016 1 3.08.300 2 3.08.370 3 5.28.440 Ord. No. 177(3rd series) 9-12-2016 1 6.12.4510 — 6.12.4520 — 6.12.4610 — 6.12.4620 CCT:34 CODE COMPARATIVE TABLE Code Legislation Date Section Section — 6.12.4630 — 6.12.4640 — 6.12.4650 — 6.12.4660 — 6.12.4670 — 6.12.4680 — 6.12.4690 — 6.12.4700 — 6.12.4710 — 6.12.4810 — 6.12.4820 — 6.12.4910 — 6.12.4920 — 6.12.4930 — 6.12.4940 — 6.12.5010 — 6.12.5020 — 6.12.5030 — 6.12.5040 — 6.12.5110 — 6.12.5120 — 6.12.5210 — 6.12.5220 — 6.12.5230 — 6.12.5310 — 6.12.5320 — 6.12.5330 — 6.12.5410 — 6.12.5420 — 6.12.5510 — 6.12.5520 — 6.12.5530 — 6.12.5540 — 6.12.5610 — 6.12.5710 — 6.12.5720 — 6.12.5730 — 6.12.5810 — 6.12.5830 Ord. No. 178(3rd series) 10-10-2016 1 1.08.160 3 5.04.230 4 5.12.120 6 5.36.050 7 5.36.590 8 5.36.610 9 6.12.410 10 6.12.440 12 6.12.730 13 6.12.5530 14 6.12.6300 Ord. No. 180(3rd series) 1-9-2017 1 3.08.120 Ord. No. 181(3rd series) 1-9-2017 1 6.12.1330 Ord. No. 182(3rd series) 1-9-2017 1 5.36.1210 CCT:35 T ti ORONO CODE Legislation Date Ord. No. 184(3rd series) 1-9-2017 Ord. No. 187(3rd series) 3-13-2017 Ord. No. 188(3rd series) 3-22-2017 Ord. No. 189(3rd series) 4-10-2017 Ord. No. 190(3rd series) 4-10-2017 Ord. No. 192(3rd series) 4-10-2017 Ord. No. 194(3rd series) 5-8-2017 Ord. No. 195(3rd series) 5-8-2017 Ord. No. 196(3rd series) 5-22-2017 Ord. No. 198(3rd series) 6-12-2017 Ord. No. 199(3rd series) 6-12-2017 Ord. No. 201(3rd series) 11-13-2017 Ord. No. 204(3rd series) 3-27-2018 Ord. No. 205(3rd series) 4-9-2018 Ord. No. 206(3rd series) 5-14-2018 CCT:36 Section 1 2 3 4 1 2 1 1 2 3 4 5 6 2 3 4 1 1 1 1 2 3 4 5 1 1 2 3 4 5 2 Code Section 5.36.1220 5.36.1230 5.24.1110 5.24.1230 5.24.1250 5.24.1260 6.12.6930 6.12.9160 6.12.6940 6.24.210 6.24.230 6.12.730 6.12.740 6.12.6940 6.12.3160 6.24.230 6.08.020 6.08.100 6.12.4140 6.12.9510 6.12.9520 6.12.9530 6.12.9540 6.12.9550 6.12.1860 6.12.8120 6.12.8130 6.12.8210 6.12.8410 6.12.8460 6.12.1820 6.12.1830 6.12.6950 6.12.1350 6.12.1450 6.12.1550 6.12.1850 6.28.310 6.28.320 6.28.330 6.28.340 6.28.350 4.04.410 4.04.420 4.04.430 4.04.440 4.04.450 4.04.460 4.04.470 4.04.480 4.04.490 6.12.8210 6.12.010 N 1- to CODE COMPARATIVE TABLE Code Legislation Date Section Section Ord. No. 207(3rd series) 5-29-2018 1 3.04.410 — 3.04.420 — 3.04.430 — 3.04.440 — 3.04.450 — 3.04.460 — 3.04.470 — 3.04.480 — 3.04.490 — 3.04.500 — 3.04.510 — 3.04.520 — 3.04.530 — 3.04.540 — 3.04.550 — 3.04.560 — 3.04.570 — 3.04.580 — 3.04.590 — 3.04.600 — 3.04.610 — 3.04.620 — 3.04.630 — 3.04.640 Ord. No. 209(3rd series) 6-11-2018 1 6.12.6940 Ord. No. 210(3rd series) 6-25-2018 1 6.12.230 2 6.12.280 3 6.12.430 4 6.12.1020 5 6.12.1120 6 6.12.1320 7 6.12.1420 8 6.12.1520 9 6.12.1610 10 6.12.1720 11 6.12.1820 12 6.12.1970 13 6.12.4060 14 6.12.4080 15 6.12.4280 16 6.12.8430 Ord. No. 212(3rd series) 8-13-2018 1 5.24.110 — 5.24.120 — 5.24.130 — 5.24.140 — 5.24.150 — 5.24.160 — 5.24.210 — 5.24.220 — 5.24.230 — 5.24.240 — 5.24.250 — 5.24.260 CCT:37 ORONO CODE Code Legislation Date Section Section -- 5.24.270 -- 5.24.380 -- 5.24.290 -- 5.24.310 -- 6.24.320 -- 5.24.840 -- 5.24.350 -- 5.24.360 -- 5.24.370 -- 5.24.380 -- 5.24.410 -- 5.24.430 -- 5.24.480 -- 5.24.440 -- 5.24.510 -- 5.24.680 -- 5.24.530 -- 5.24.540 -- 5.84.610 -- 5.24.620 -- 5.24.600 -- 5.24.840 -- 5.84.710 -- 5.24.720 -- 5.24.810 -- 5.24.910 Ord. No. 2015(3od series) 9'10'8018 l 8.12.7110 -- 8.12.7120 -- 6.12.7130 -- 6.12.7140 -- 6.12.7150 -- 8.12.7160 -- 8.13.7170 -- 0.12J180 -- 6.12.7190 -- 6.12.7200 -- 6.12.7210 -- 6.12.7220 -- 6.12.7230 -- 6.12.7240 -- 6.12.7250 -- 6.12.7260 -- 6J2.7270 -- 6.12.7880 -- 6.I2.7290 -- 6.12.7300 -- 6.12.7310 % 6.12.4010 Ord. No. 218(8,Jeari»o) 12-10'20I8 l 1.08.110 Ord. No. 219(3cd series) 12'10-2018 4 6.12.63I0 6 61%.94l0 -- 6.12.9420 Ord. No. 220(8rd series) 12'10-2018 1 6.16.060 CODE COMPARATIVE TABLE Code Legislation Date Section Section Ord. No. 222(3rd series) 12-10-2018 1 6.12.010 2 6.12.1040 — 6.12.6930 3 6.12.1050 4 6.12.1140 5 6.12.1150 6 6.12.1340 7 6.12.1350 8 6.12.1440 9 6.12.1450 10 6.12.1540 11 6.12.1550 12 6.12.1630 13 6.12.1650 14 6.12.1740 15 6.12.1750 16 6.12.1840 17 6.12.1850 18 6.12.2000 19 6.12.6240 22 6.12.6940 23 6.12.6950 24 6.12.7010 25 6.12.7020 27 6.12.7040 28 6.12.7050 30 6.12.7060 32 6.12.7080 Ord. No. 224(3rd series) 6-10-2019 1 6.12.1030 2 6.12.1130 3 6.12.1330 4 6.12.1430 5 6.12.1530 6 6.12.1620 7 6.12.1730 8 6.12.1830 Ord. No. 226(3rd series) 6-10-2019 1 2.04.310 Ord. No. 230(3rd series) 7-22-2019 1 4.16.010 — 4.16.020 — 4.16.030 — 4.16.110 — 4.16.120 — 4.16,130 — 4.16.140 — 4.16.150 — 4.16.160 — 4.16.170 — 4.16.180 — 4.16.190 — 4.16.200 — 4.16.210 — 4.16.220 — 4.16.230 CCT:39 A. . ORONO CODE Code Legislation Date Section Section — 4.16.240 — 4.16.310 — 4.16.320 — 4.16.330 — 4.16.340 — 4.16.350 -- 4.16.360 2 5.36.1010 — 5.36.1020 — 5.36.1030 — 5.36.1040 Ord. No. 232(3rd series) 10-14-2019 1 6.12.7040 Ord. No. 233(3rd series) 10-14-2019 1 6.12.1020 2 6.12.1120 3 6.12.1320 4 6.12.1420 5 6.12.1520 6 6.12.1610 7 6.12.1720 8 6.12.1820 9 6.12.1940 Ord. No. 234(3rd series) 10-14-2019 1 6.12.6240 Ord. No. 239(3rd series) 3-9-2020 1 3.04.810 — 3.04.820 — 3.04.830 — 3.04.840 — 3.04.850 — 3.04.860 — 3.04.880 Ord. No. 240(3rd series) 3-9-2020 1 6.24.210 2 6.28.110 — 6.28.120 3 6.28.210 — 6.28.220 — 6.28.230 — 6,28.240 Ord. No. 242(3rd series) 4-13-2020 1 6.12.440 Ord. No. 243(3rd series) 4-13-2020 1 6.12.010 2 6.12.6000 — 6.12.6120 — 6.12.6170 — 6.12.6210 — 6.12.6220 — 6.12.6240 — 6.12.6270 — 6.12.6280 — 6.12.6300 — 6.12.6310 — 6.12.6340 — 6.12.6370 — 6.12.6610 3 6.12.7900 — 6.12.7910 CCT:40 CODE COMPARATIVE TABLE Code Legislation Date Section Section — 6.12.7920 — 6.12.7930 — 6.12.7940 4 6.12.9420 Ord. No. 244(3rd series) 4-13-2020 1 5.32.610 — 5.32.620 — 5.32.630 — 5.32.640 — 5.32.650 — 5.32.660 — 5.32.670 — 5.32.680 — 5.32.690 — 5.32.700 — 5.32.710 — 5.32.720 — 5.32.730 — 5.32.740 — 5.32.750 2 5.32.810 — 5.32.820 — 5.32.830 — 5.32.840 — 5.32.850 Ord. No. 247(3rd series) 6-8-2020 1 2.04.710 2 2.04.840 3 2.04.850 4 2.04.860 Ord. No. 246(3rd series) 6-22-2020 1 2.04.450 Ord. No. 248(3rd series) 9-14-2020 1 6.20.010 — 6.20.020 — 6.20.030 — 6.20.040 — 6.20.050 — 6.20.060 — 6.20.070 — 6.20.080 — 6.20.090 — 6.20.100 — 6.20.110 — 6.20.120 — 6.20.130 — 6.20.210 — 6.20.220 — 6.20.230 — 6.20.240 — 6.20.250 — 6.20,310 — 6.20.320 — 6.20.330 — 6.20.340 — 6.20.350 — 6.20.360 CCT:41 ti ti to ORONO CODE Code Legislation Date Section Section — 6.20.410 — 6.20.420 — 6.20.430 — 6.20.440 — 6.20.450 — 6.20.460 — 6.20.510 — 6.20.520 — 6.20.530 — 6.20.540 — 6.20.550 — 6.20.610 — 6.20.620 — 6.20.630 — 6.20.640 — 6.20.710 — 6.20.810 — 6.20.820 — 6.20.830 — 6.20.840 — 6.20.850 — 6.20.860 — 6.20.870 — 6.20.880 — 6.20.890 — 6.20.900 — 6.20.910 — 6.20.920 — 6.20.930 — 6.20.940 — 6.20.950 — 6.20.1010 — 6.20.1020 — 6.20.1030 — 6.20.1040 — 6.20.1050 — 6.20.1060 — 6.20.1070 — 6.20.1080 — 6.20.1110 — 6.20.1120 — 6.20.1130 — 6.20.1140 — 6.20.1150 — 6.20.1200 Ord. No. 250(3rd series) 10-12-2020 1 6.12.610 Ord. No. 253(3rd series) 2-8-2021 1 1.08.160 2 5.32.840 3 6.12.410 Ord. No. 254(3rd series) 2-8-2021 1 6.12.010 2 6.20.020 Ord. No. 255(3rd series) 4-12-2021 1 6.24.010 2 6.24.130 CCT:42 CODE COMPARATIVE TABLE Code Legislation Date Section Section — 6.24.140 — 6.24.150 — 6.24.170 Ord. No. 256(3rd series) 5-10-2021 1 6.12.7820 Ord. No. 257(3rd series) 5-10-2021 1 6.12.010 2 6.12.7060 3 6.12.1030 4 6.12.1130 5 6.12.1330 6 6.12.1430 7 6.12.1530 8 6.12.1620 9 6.12.1730 10 6.12.1830 Ord. No. 261(3rd series) 6-14-2021 1 6.12.7150 2 6.12.7210 3 6.12.7220 4 6.12.7230 5 6.12.7240 6 6.12.7250 7 6.12.7270 8 6.12, 7290 9 6.12.6780 Ord. No. 259(3rd series) 7-26-2021 — 3.04.810 — 3.04.820 — 3.04.830 — 3.04.840 — 3.04.850 — 3.04.860 — 3.04.870 — 3.04.880 Ord. No. 262(3rd series) 11-8-2021 1 6.12.6840 Ord. No. 264(3rd series) 11-22-2021 1 6.12.010 2 6.12.1340 3 6.12.1440 4 6.12.1540 5 6.12.1630 6 6.12.1740 7 6.12.1840 Ord. No. 265(3rd series) 12-6-2021 1 6.12.320 Ord. No. 268(3rd series) 2-14-2022 1 6.20.950 Ord. No. 272(3rd series) 6-13-2022 1 6.12.6940 Ord. No. 273(3rd series) 6-13-2022 1 6.12.1960 — 6.12.2090 2 6.12.1970 Ord. No. 274(3rd series) 6-13-2022 1 6.12.6300 Ord. No. 278(3rd series) 10-10-2022 1 6.12.1750 2 6.12.1850 3 6.12.7040 Ord. No. 279(3rd series) 11-14-2022 1 6.12.010 2 6,12.1020 3 6.12.1030 4 6.12.1040 CCT:43 ORONO CODE Code Legislation Date Section Section 5 6.12.1120 6 6.12.1130 7 6.12.1140 8 6.12.1320 9 6.12.1330 10 6.12.1340 11 6.12.1420 12 6.12.1430 13 6.12.1440 14 6.12.1520 15 6.12.1530 16 6.12.1540 17 6.12.1610 18 6.12.1620 19 6.12.1630 20 6.12.1720 21 6.12.1730 22 6.12.1740 23 6.12.1820 24 6.12.1830 25 6.12.1840 26 6.12.7030 Ord. No. 284(3rd series) 11-13-2023 1 6.12.010 2 6.12.1960 3 6.12.6240 Ord. No. 286(3rd series) 12-11-2023 1 1.04.020 2 1.08.010 3 1.08.020 4 1.08.030 5 1.08.120 6 1.08.130 7 1.08.140 8 1.08.150 9 1.08.160 10 1.08.350 11 1.08.360 13 1.08.410 14 1.08.420 15 1.08.430 16 1.08.440 17(2-140) 1.08.450 17(2-141) 1.08.460 17(2-142) 1.08.470 17(2-143) 1.08.480 17(2-144) 1.08.490 17(2-145) 1.08.500 17(2-146) 1.08.510 18 1.16.020 Ord. No. 287(3rd series) 12-11-2023 1 5.08.110 2 5.08.120 3 5.08.130 4 5.08.140 5 5.08.210 CCT:44 CD ao co CODE COMPARATIVE TABLE Code Legislation Date Section Section 6 5.08.220 7 5.08.230 8 5.08.310 9 5.08.320 10 5.08.330 Ord. No. 289(3rd series) 2-26-2024 1 2.04.250 Ord. No. 290(3rd series) 2-26-2024 1 3.08.210 2 3.08.340 Ord. No. 291(3rd series) 2-26-2024 1 4.16.340 2 4.16.360 Ord. No. 292(3rd series) 2-26-2024 1 5.24.320 2 5.24.410 3 5.24.610 Ord. No. 293(3rd series) 2-26-2024 1 5.36.1130 Ord. No. 296(3rd series) 2-26-2024 1(18-1) 3.04.010 1(18-2) 3.04.020 1(18-3) 3.04.030 1(18-4) 3.04.040 1(18-5) 3.04.050 1(18-6) 3.04.060 1(18-7) 3.04.070 1(18-8) 3.04.080 1(18-9) 3.04.090 1(18-10) 3.04.100 2(18-77) 3.04.320 2(18-136) 3.04.330 2(18-137) 3.04.340 2(18-138) 3.04.350 3 3.04.430 4(18-236) 3.04.710 4(18-237) 3.04.720 4(18-238) 3.04.730 Ord. No. 298(3rd series) 3-11-2024 1 5.24.010 2 5.24.320 3 5.24.410 4(58-71) 5.24.610 4(58-72) 5.24.620 Ord. No. 299(3rd series) 3-11-2024 1 6.12.050 2 6.12.1050 3 6.12.1150 4 6.12.1350 5 6.12.1450 6 6.12.1550 7 6.12.1650 8 6.12.1750 9 6.12.1850 10 6.12.6940 11 6.12.7010 12 6.12.7040 13(78-1437) 6.12.7060 13(78-1438) 6.12.7070 13(78-1439) 6.12.7080 14 6.12.7510 CCT:45 T" 00 co ORONO CODE Code Legislation Date Section Section Ord. No. 300(3rd series) 3-11-2024 1 6.24.120 2 6.24.250 Ord. No. 302(3rd series) 4-8-2024 1 5.20.120 Ord. No. 303(3rd series) 4-8-2024 1 6.12.010 2 6.12.6240 3 6.12.6300 4(78-1492) 6.12.7420 4(78-1493) 6.12.7430 4(78-1494) 6.12.7440 5 6.12.7820 Ord. No. 304(3rd series) 4-8-2024 1(94-136) 6.28.310 1(94-141) 6.28.360 Ord. No. 306(3rd series) 11-12-2024 1 6.12.010 2 6.12.3230 3 6.12.3540 4 6.12.3630 5 6.12.3730 6 6.12.3830 7 6.12.3910 Ord. No. 310(3rd series) 12-9-2024 1 6.12.010 2 6.12.3920 Ord. No. 311(3rd series) 12-9-2024 1 6.12.6270 2 6.12.6300 3 6.12.6310 Ord. No. 307(3rd Series) 2-10-2025 1(6-2) 1.12.020 1(6-3) 1.12.030 CCT:46 N 00 to M Co co STATE LAW REFERENCE TABLE The following table shows the location within the Code, either in the text or notes following the text, of references to the Minnesota Statutes (Minn. Stats.). Minn. Stats. Code Minn. Stats. Code Section Section Section Section ch. 12 5.04.120 144.417 5.12.440 - 5.04.180 ch. 145A 5.24.110 13D.04 1.08.140 145A.05, subd. 9 Ch. 5.36, Art. VI 14.57-14.70 4.16.240 ch. 152 5.36.920 18.75 et seq. 5.24.010 152.02 5.36.920 ch.35 Ch.5.28 - 5.36.980 35.71 5.28.310 168.011, subd. 22 5.32.510 84.787 et seq. Ch. 5.32, Art. V ch. 168B 5.24.030 84.795, subd. 8 Ch. 5.32, Art. V 16813.03 5.24.040 84.797 et seq. Ch. 5.32, Art. V ch. 168C Ch. 5.32, Art. IV 84.804, subd. 6 Ch. 5.32, Art. V ch. 169 5.24.040 84.81 et seq. Ch. 5.32, Art. V - Ch. 5.32 84.87 5.32.550 - 5.32.030 84.87, subd. 3 Ch. 5.32, Art. V - 5.32.910 ch. 86B Ch. 6.28 169.02, subd. 1 5.32.010 - 6.28.320 169.03, subd. 1 5.32.020 - 6.28.440 169.04 Ch. 5.32 8613.201 Ch. 6.28 169.04(1) Ch. 5.32, Art. III 8613.205 Ch. 6.28 169.04(2) 5.32.110 88.16-88.17 5.24.1140 169.041 5.32.140 88.171 Ch. 5.24, Art. IV 169.06(4) 5.32.110 - 5.24.1140 169.13 5.32.070 93.44-93.51 6.12.5910 169.222 et seq. Ch. 5.32, Art. IV 97A.041 5.28.820 169.222, subd. 1 5.32.410 ch. 103F 6.12.4510 169.222, subd. 4(d) 5.32.440 - 6.12.5930 169.32 5.32.230 103F.101 et seq. Ch. 6.12, Art. VIII 169.32 et seq. Ch. 5.32, Art. III 103F.121 Ch. 6.12, Art. VIII 103E201 et seq. Ch. 6.12, Art. IX 169.33 5.32.140 103G.005, subd. 14 6.12.4810 169.346 5.32.300 103G.005, subd. 15 6.12.5910 169.35 5.32.240 - 6.16.050 169.36 5.32.330 103G.005, subd. 16 6.12.5910 169.42 Ch. 5.20 103G.245 6.12.4940 5.36.030 - 6.12.5520 169.68 5.24.1050 - 6.12.7930 169.87, subd. 1 5.32.060 ch. 115 5.24.110 ch. 171 5.32.030 115.01, subd. 22 2.04.010 - 5.32.910 - 6.16.050 176.011, subd. 9(6) 1.08.220 115.55 Ch. 5.24, Art. II ch. 200 Ch. 1.12 - 6.12.320 ch.201 Ch. 1.12 ch. 115A Ch. 5.20 ch.202A Ch. 1.12 115A.93 5.20.210 ch.203B Ch. 1.12 - Ch. 5.20, Art. III, ch. 204B Ch. 1.12 Div. 2 ch. 204C Ch. 1.12 115A.941 Ch. 5.20, ch.204D Ch. 1.12 Art. III ch.205 Ch. 1.12 116.07, subd. 2 Ch. 5.24, Art. III 205.07 1.12.030 chs. 144-158 Ch. 5.12 205.10, subd. 3a 1.12.030 144.391 5.12.140 ch.205A Ch. 1.12 SLT:l ORONO CODE Minn. Stats. Code Minn. Stats. Code Section Section Section Section ch.206 Ch. 1.12 347.50 3.08.370 ch. 208 Ch. 1.12 - 5.28.010 ch. 209 Ch. 1.12 347.50 et seq. Ch. 5.28, Art. IV ch. 211A Ch. 1.12 ch. 349 Ch. 4.20, Art. II ch. 211B Ch. 1.12 - 4.20.110 ch. 211C Ch. 1.12 349.213 Ch. 4.20, Art. II 216B.097 2.04.250 351.02 1.12.020 216C.06, subd. 2 6.12.530 364.01-364.10 1.08.230 ch.216D 3.04.450 364.09 1,08.230 216D.01-216D.09 3.04.450 ch.412 Ch. 1.08 - 3.04.570 - 6.20.060 221.81 6.24,010 412.02 1.08.110 237.162 3.04.420 412.02, subd. 2a 1.12.030 - 3.04.500 412.021 1.08.110 237.163 3.04.410 412.023 1.08.110 237.163, subd. 6(g) 3.04.450 - 1.12.030 243.166 5.36.1230 412.111 Ch. 1.08, Art. III 243.167 5.36.1230 412.191 1.08.120 244.052 5.36.1220 412.191, subd. 2 1.08.140 245.462, subd. 23 6.12.010 - 1,08.150 ch. 245G 6.12.010 412.221, subd. 6 Ch. 3.04 256C.02 3.08.300 412.221, subd. 7 Ch. 3.04 26013.235 5.36.1130 412.221, subd. 17 Ch. 5.08 ch. 299F Ch. 5.08, Art. II 412,221, subd. 18 Ch. 3.04 299F.011 Ch. 5.08, Art. II, 412.221, subd. 21 Ch. 5.28 Div. 2 412.221, subd. 22 Ch. 5.12 300.04 3.04.230 412.221, subd. 23 5.36.040 300.05 3.04.220 412.221, subd. 24 Ch. 5.24, Art. III 307.08 6.12.5910 412.221, subd. 25 Ch. 4.20 309.515 4.08.170 412.221, subd. 26 5.36.020 309.52 4.08.170 412.221, subd. 28 Ch. 6.24 ch.326 4.08.120 412.231 1.04.080 32613.082 6.24.160 412.491 Ch.3.08 326B.101 Ch. 6.24, Art. II 412.851 3.04.100 326B.101-326B.16 6.24.130 - 6.12.090 - 6.24.170 412.861 6.12.410 32613.103, subd. 11 6.24.140 412.861, subd. 1 5.32.840 326B.103, subd. 13 6.24.140 412.925 3.04.730 32613.121 6.24.140 415.021 1.04.010 326B.133, subd. 1 6.24.140 415.11 1.08,130 32613.148 6,24.150 415.191 et seq. Ch. 1.08, Art. II 329.15 4.08.010 chs. 426-435 Ch. 1.08, Art. V ch.340A 4.16,010 ch.429 Ch. 1.16 - 4.16.020 - 1.16.010 340A.409 4.16.190 - 3.04.550 340A.503, subd. 6 5.12.150 429.061, subd. 3 1.16.010 - 5.36.1150 435.193 Ch. 1.16 340A.801 4.16.190 - 1.16.020 ch.342 6.12.010 435.195 Ch. 1.16 343.20 et seq. Ch. 5.28 - 1.16.020 344.02, subd. l(a) 6.12.4690 ch. 444 Ch. 2.04 344.02, subd. l(b) 6.12.4690 444.075 2.04,1110 344.02, subd. l(c) 6.12.4690 - 2.04.1210 344.02, subd. l(d) 6.12.4690 ch. 452 Ch. 2.04 ch. 347 Ch. 5.28 459.20 Ch. 6.28 - Ch. 5.28, 461.12 Ch. 5.12, Art. II Art. III 461.12, subd. 1 5.12.310 347.31 et seq. Ch. 5.28, Art. III, 461.12, subd. 2 5.12.120 Div. 2 461.12, subd. 3 5.12.120 SLT:2 W e0 (0 Minn. Stats. Section 461.12, subd. 5 461.12, subd. 6 461.12, subd. 7 461.18 461.19 ch. 462 462.351 462.351 et seq. 462.354, subd. 1 462.354, subd. 2 462.357 462.357, subd. 1 462.357, subd. 3 462.357, subd. 4 462.357, subd. 6(2) 462.357, subd. 7 462.358 462.358, subd. 2b 462.358, subd. 7 462.359 462.359, subd. 3 462.3593 462.3595 462.3595, subd. 2 462.3595, subd. 3 463.15-463.261 463.251 469.135-469.141 471.195 471.345 471.633 473.121 505.02, subd. 1 525.6155 525.6165 STATE LAW REFERENCE TABLE Code Section 5.12.410 5.12.150 5.12.120 5.12.190 Ch. 5.12, Art. II 3.04.550 6.12.4510 6.12.5910 6.12.5930 6.12.6140 6.20.060 6.16.020 Ch. 6.04 6.04.030 6.04.010 6.12.430 Ch. 6.12 6.12.810 6.12.230 6.12.230 Ch. 6.12, Art. II, Div. 3, Subd. II 6.12.6140 6.12.1020 6.12.1120 6.12.1320 6.12.1420 6.12.1430 6.12.1520 6.12.1610 6.12.1720 6.12.1820 6.12.3130 Ch. 6.20 6.20.020 6.20.440 6.20.540 6.20.950 6.12.090 6.20.020 6.12.450 6.12.6770 Ch. 6.12, Art. V, Div. 2 6.12.4080 6.12.4120 6.12.2040 6.24.040 6.24.050 6.24.040 6.20.020 1.08.030 1.08,350 Ch. 5.36, Art. III, Div. 2 6.20.020 6.12.6010 5.36.1110 5.36.1110 SLT:3 Minn. Stats. Section 525.619 609.03 609.034 609.48 609.556 et seq. 609.595 609.605 609.66 et seq. 609.66, subd. l(a)(1) 609.66, subd. 1(a)(2) 609.66, subd. l(a)(4) 609.66, subd. 1(a)(5) 609.66, subd. 1(a)(6) 609.671, subd. 13 609.675 609.685 609.72, subd. l(1) 609.72, subd. 1(2) 609.72, subd. 1(3) 609.74 617.23 617.24 617.241 624.20 624.20 et seq. 629.34 ch. 645 645.13- 645.151 645.35 645.36 645.49 ch. 1340 6120.2500- 6120.3900 6120.3300 6120.44 6120.5000- 6120.6200 Code Section 5.36.1110 5.36.1130 1.04.080 4.04.120 Ch. 5.36, Art. II 5.36.130 3.08.250 5.36.110 Ch. 5.36, Art. III 5.36.350 5.36.360 5.36.370 5.36.380 5.36.390 Ch. 5.20 5.36.030 5.36.220 5.12.170 5.12.200 5,36.720 5.36.710 5.36.730 5.36.040 3.08.340 4.20.350 5.36.020 5.36.810 4.20.350 5.36.810 6.12.6820 5.32.610 5.36.340 1.08.020 1.04.020 1.04.030 1.04.050 1.04.050 1.04.040 6.12.6270 6.12.5930 6.12.5970 6.12,5120 6.12.5120 Co 0o to unicode CONNECTING YOU &YOUR COMMUNITY LEGAL REVIEW PROPOSAL Orono, Minnesota November 22, 2021 - Valid for 90 days Lafaye Kiely Legal Account Manager Office: 800-262-2633 ext. 9760 Direct: 850-692-7118 Email: IkielyCa-_)municode.com PO Box 2235 Tallahassee, FL 32316 LETTER OF INTEREST November 22, 2021 Ms. Anna Carlson City Clerk City of Orono, MN 2750 Kelley Parkway Orono, MN 55356 Ms. Carlson: municode P.O. Box 2235 Tallahassee, FL 32316 municode.com • 800.262.2633 via email: acarlson@ci.orono.mn.us Thank you for your interest in Municode's Legal Review services! To ensure that your Code remains legally sound and accurate, we recommend a Legal Review or complete recodification of the Code every 5 to 10 years. Because recodification is an expensive and time-consuming process, some of our clients choose a Legal Review as a less expensive and faster way to achieve a similar result. A Legal Review provides a snapshot of possible conflicts and inconsistencies within the Code. During the Legal Review process, one of our attorneys will conduct a chapter -by -chapter legal analysis of the Code to identify obsolete provisions, eliminate internal conflicts and inconsistencies and ensure conformity with State Law. We will provide a Legal Memorandum outlining the findings of our analysis and schedule a conference to discuss Municode's recommendations to resolve any issues of concern. Our staff includes a large team of in-house experienced codification attorneys who have completed hundreds of codification and recodification projects nationwide. With over 70 years of experience, Municode is the oldest and most trusted codifier in the nation. We currently provide codification services to over 4,000 municipalities throughout the United States and host over 3,700 municipal codes online via our code hosting platform, MunicodeNEXT. We invite you to visit our corporate website at https://www.municode.com/ to explore our full suite of government services. In addition to codification services, we provide a "circle of governance" that offers website design, meetings management and document archival tools in one seamless experience. Customers who trust Municode with their online codes, meetings software, and municipal website enjoy a unified search engine and integration of the Meetings, Web, and Code Hosting platforms. From the Meetings platform, agendas and minutes can automatically be uploaded to the website and ordinances can be sent to Municode for codification with permanent links created within the code for the ordinances and the specific meeting from which the legislation was adopted, via our OrdBank service. Please contact Legal Account Manager Lafaye Kiely (Ikiely(cDmunicode.com; 850-692-7118) if you have any questions. Thank you for the opportunity to submit this proposal! Sincerely, S LA _ --- Steffanie W. Rasmussen Vice President of Client Services Phone: 800-262-2633 ext. 1148 steff(a)municode.com LEGAL REVIEW QUOTATION SHEET Legal Review Fees Legal Review of your Code of Ordinances' $8,4002 ❑ Teleconference or web -based conference with a Municode attorney, per hour $150 Payments for Legal Review: • Upon Execution of Agreement • Upon Delivery of Legal Memorandum $4,200 Balance This proposal shall be valid for a period of ninety (90) days from the date appearing below unless signed and authorized by Municode and the City of Orono, MN. Municode shall not be responsible for the legal sufficiency or copyright infringement of any material initially or subsequently published. The City of Orono, MN understands that Municode is a wholly owned subsidiary of CivicPlus, LLC ("Parent Entity"). At any time during the Term of this Agreement, Municode may assign its rights and obligations under this Agreement to the Parent Entity, upon giving written notice to the City. In the event of such assignment by Municode, the Parent Entity shall be the sole performing party under this Agreement to the same extent as Municode prior to making such assignment. Term of Agreement. This Agreement shall begin upon execution by both parties and end upon completion of the Legal Review process. Should ongoing supplementation and online Code hosting services be provided following the Legal Review, those services shall be automatically renewed from year to year provided that either party may cancel or change this agreement with sixty (60) days written notice. Submitted by: MUNICIPAL CODE CORPORATION Municode Officer: S I JV__ Title: Steffanie W. Rasmussen, Vice President of Client Services Date: November 22, 2021 Accepted by: CITY OF ORONO, MINNESOTA By: - Title: G r r f Ao n� 5iti4i Date: 11 J'AN 21 ' Material to be reviewed as published by Municode through Supplement No. 19. Legislation not currently included in the code can be reviewed for an additional fee. 2 Legislation added to the project must be approved and received prior to the established cutoff date. Proofs not returned within 45 days may be subject to a proof update fee, if applicable. 691 COMPANY PROFILE History, Mission, and Team With over 70 years of experience nationwide, Municode's mission is to strengthen democracy by connecting public sector organizations to their communities. Our solutions promote transparency and efficiency - such as custom website design, meeting and agenda management, the legal codification process, and our robust suite of online legislative search tools. Municode partners with more than 4,000 government agencies across all fifty states. Municode is a privately - owned and financially sound corporation. Our leadership focuses on improving Municode through investments in its people and its technology. Municode is home to over 160 employees (most of whom enjoy a 10+ Y y Y year tenure). Our headquarters in���i 11 if II Tallahassee, Florida includes 6V ��i CONNECTING four buildings totaling 56,000 65+ O O square feet. We have regional YEARS OF EXPERIENCE offices located in Oregon and MILLION RESIDENTS WITH LOCAL GOVERNMENT Utah. Other office locations include Arizona, California, Georgia, Kentucky, Minnesota, New Hampshire, North Carolina, South Carolina, Texas, Virginia, and Washington. Our Vision: Simple, Seamless Integration Our vision is to create seamless integration between our service offerings. The goal is to reduce staff workload, while at the same time, increasing the ability for municipalities to connect with their communities. The following example integration points are either in place today or envisioned in our future strategic roadmap. Unified search across all platforms (website, meetings, online codes) Auto -publish agendas and minutes from the Meetings platform to the Website Ordinance auto -publishing from the Meetings platform to your online code, queued for supplementation, Code of ordinance cross-references to legislative voting history, minutes, and video/audio LEGAL REVIEW SCOPE OF SERVICES During the Legal Review process, the attorney assigned to your project will examine every Title, Chapter and Section of the Code to ensure that it is free from conflicts and inconsistencies and conforms to the laws of the State of Illinois. Your Municode attorney will be available to consult with you and your staff at any time during the Legal Review process, which is outlined below. Attorney Analysis and Review of Material. Our legal team will review the most current Code version to ensure conformity with state statutes and to identify any areas of possible legal concern. The review will also -determine if there are any inconsistencies or conflicts within the legislation itself. Ordinances enacted, or added, subsequent to the established cut-off date for the Legal Review, or items not contemplated within the scope of service, may be included later at an agreed upon page rate. References. We will notate any State Law References within the Code that need to be updated in the memorandum. Legal Memorandum. We will provide you with a user-friendly Legal Memorandum containing all of our analyses and recommendations. This memorandum will reflect our attorney's Legal Review and will provide you with recommendations to remove conflicts and inconsistencies; conform to State Law, when appropriate; and ensure compliance with your charter (if applicable). This approach facilitates collaboration and dissemination among departments, thus making the process as easy for you as possible. Our goal is to make the Legal Review process simple and smooth for you. Conference. Within 30 days of your receipt of the Legal Memorandum we will conduct a conference, via telephone or webinar, to review the Legal Memorandum and our recommendations. All interested personnel may be included, but your attorney and clerk are essential. Issues discovered during the legal analysis will be discussed at the conference, with the goal of the conference being to come to agreement on any required changes. Your attorney has the final decision -making authority for resolution of issues brought up at the conference or noted in the Legal Memorandum. Implementation. Corrections to the Code can be integrated via individual ordinances with Municode issuing a supplement to the existing Code; however, if changes are extensive, republishing the entire Code may be more cost effective. An estimate for republication can be provided once the Legal Review is completed and the extent of changes is known. If the issues are too numerous or complex, a full recodification may be recommended. Should recodification be recommended, the expense incurred in the Legal Review may be credited toward its cost. SUPPLEMENTATION & WEBITE HOSTING SERVICES (IF APPLICABLE) Supplementation Services Municode's supplementation process has been designed for timeliness, efficiency, simplicity and most of all, for our customers' convenience. Supplements can be provided on the schedule of your choice, as there is no additional cost for more (or less) frequent supplementation. In addition to printed supplements, we can deliver the updates in Word, PDF and/or Folio formats. We pride ourselves on a turnaround time of 30 to 35 days for printed supplements and can provide "always up to date" electronic update services within 10 to 15 days at the same per page rate quoted for printed supplements. With printed supplementation, the online Code is updated within 3 days after shipping the supplement, and there is no additional fee for this service. A recent analysis of our printed supplement Services indicated an editorial error rate of less than .1 %, which is made possible by our attention to detail, ongoing communication with our clients, and strict quality control checks to ensure we continue to produce the best printed and electronic supplements available in our industry. Any errors attributable to Municode during the preparation, printing and maintenance of the Code will be corrected at no cost. The printed supplement process is outlined below. Supplementation Process: 1. Receipt of new legislation will be acknowledged within 24 hours. Our production support team will record the adoption date, effective date and ordinance number(s) and ensure that all necessary exhibits, tables and graphics are included. You will be advised promptly if any pertinent information is missing from your submission. Your material will then be immediately forwarded to our Supplement team for codification. If our OrdBank service is elected (advance legislation service), the legislation will be posted online within 48 hours as a PDF under "Adopted Legislation not yet Codified" at this time. Editorial Review — Our editorial team will review all ordinances received to determine whether the ordinance should be included in your Code; where the ordinance should be placed; whether the ordinance conflicts with your existing Code format; what material should be removed from your existing Code; whether history notes will be added; what tables will be updated and whether the Table of Contents in the front of the Code and at the Chapter/Title level should be amended. If any significant errors or numbering issues are noted, your editor will contact you for clarification. No substantive changes to your legislation will be made by our editorial team, however minor typographical errors will be corrected as part of the supplement process. Should the editorial, legal and/or proofreading team find discrepancies in your ordinances, we will communicate with you to ensure that the ordinances are correct and consistent with the existing Code. 3. Indexing — If an Index is elected, your supplement will now be sent to our indexing team, where all new legislation is indexed and cross-referenced in all appropriate locations. t x- u Submission of Materials i Editorial Review i- T Mark Up i Indexing i Proofreading i s= �' Corrections ._ i + Printing & Shipping 0 ""� Upload to the Internet 4. Proofreading — The proofreader assigned to your editorial team will then examine your supplement line by line to ensure editorial accuracy, Code hierarchy and layout and to confirm that your supplement is grammatically correct and free of errors in spelling and capitalization. Your supplement is examined again line by line to ensure that the improvements made by the editorial team were thorough and accurate. During this process, the original ordinance is compared again with the newly added text to further ensure editorial accuracy. 5. Posting the supplement online (MunicodeNEXT) — After your supplement has been completed, your online Code will be updated within 1 to 2 days and any electronic products requested will be provided. You will receive notification that the website has been updated via email. If CodeBank Compare + eNotify service is elected, citizens will be notified each time the online Code is updated. When your Code is updated on MunicodeNEXT, all internal cross-reference links are updated. With our OrdBank feature, each history note will be linked to the ordinance that amended the respective section. 6. Printing and Shipping — We will print, cut, 3 hole -punch, insert divider tabs (if elected) and ship your supplement to you quarterly unless otherwise instructed. You can change your supplement schedule at any time, and there is no additional charge for more frequent supplementation. Instruction Sheet: With each printed supplement, we will furnish a page of instructions for removal of the obsolete pages and insertion of the new pages; as well as a Checklist of up-to-date pages with each supplement. Online Code Hosting Services (MunicodeNEXT) Our code hosting platform, MunicodeNEXT (https:Hlibrary.municode.com) was created and is continuously enhanced and improved by our in-house team of Internet Technology professionals. MunicodeNEXT includes Standard and Premium features (see Attachment A), all of which are designed to provide a wide variety of additional capabilities for the research and navigation of your code, as well as for preserving its history. Our newest free online feature, Public Notes, will enable you to add external links within the contents of your online Code (such as links to Zoning maps, Fee Schedules, Council Meetings, the Clerk's office, etc.) or to post public notes or documents in the online Code to inform your citizens about current issues pertinent to specific sections of your Code. MunicodeNEXT is extremely user-friendly and requires no special training or login information. A variety of video tutorials are offered, and we can host a personalized training webinar for you and your staff to demonstrate our online features and capabilities before your new Code goes "live" online. Our MuniDocs feature enables you to upload related documents online alongside the Code in fully searchable format. Electronic viewing statistics are available upon request on the schedule of your choice. Our MuniPro feature provides the ability to search over 3,700 online Codes in our library, save frequently used or complex searches, create notes to attach to any publication and draft new ordinances. Our powerful search engine allows users to enter simple or advanced searches and supports Boolean operators, stemming, wildcards, proximity searches, and a global synonym list. Users can easily search the code using keywords or phrases, and can print, download and/or email any portion of your code. Search terms can be applied to the entire code or narrowed to search only within specific chapters or sections. Our recent website upgrade allows users to sort results by relevance or book order! Our collapsible Table of Contents, continuous next -hit feature and internal and external hyperlinking and cross-referencing features simplify and enhance the navigation of your online code, allowing your staff and citizens the capability of simultaneously searching your code, ordinances, minutes, resolutions, budgets and more. With MunicodeNEXT advanced features, your staff and citizens need only click the link provided on your municipality's website to access your full Code of Ordinances. They not only have access to your complete and current Code of Ordinances, but to all archived versions of your code, every official copy of your ordinances, the power to compare versions of your code over time, the ability to be notified every time your code is updated, and the ability to translate your code into over 100 languages via Goog/e Translate, which is included at no additional charge. MunicodeNEXT is designed with accessibility in mind. Our application is fully responsive, ensuring all features are available on appropriately sized desktop, tablet, and smartphone viewports. Designed to provide easy access and an intuitive interface, it is extremely well -suited for use on tablets and mobile devices running iOS or Android. With delivery also available in Word. PDF and Folio format, the Code can also be viewed and researched offline. The User Interface and all HTML content viewed via our MunicodeNEXT web application is WCAG 2.1 Level AA compliant. While we take several steps to improve the accessibility of PDF documents uploaded to the MunicodeNEXT platform, we cannot guarantee full ADA compliance of PDF documents. If a fully ADA compliant PDF document is uploaded to our MunicodeNEXT platform, it will remain compliant while stored in our system. For each PDF document that is uploaded to our platform, we OCR scanned PDFs; set document title, primary language, and other PDF metadata fields; and automatically create a base level of tags to be used by screen readers. Our tech stack includes HTML5 & CSS3, Javascript (AngularJS), and a RESTful API written in C# running on .Net Core. All content is rendered in standard HTML and is viewable in all modern browsers including PC: Microsoft Internet Explorer 10 or later, Firefox 3.6 or later, macOS& SafariTm 5.0 or later, and Chrome 18 or later. We host MunicodeNEXT in Microsoft's Azure Government secure cloud environment and guarantee an SLA of 99.95% uptime. SSL encryption is used by default to secure access to the site and the entire platform is backed up to multiple geographic locations within the Azure Government cloud ecosystem. MunicodeNEXT Premium Feature Summary * OrdBank will create one click access to every ordinance via linked history notes. Ordinances are permanently stored online in the OrdBank repository and filed in annual folders. * CodeBank will enable you to have instant access to past versions of your Code after each supplementation. * CodeBank Compare + eNotify provides you with the ability to select a past version of your online Code and compare it to any other version of the Code each time the Code is updated. The differences will be shown via Highlights (added materials) or Strikethrough (deleted material). eNotifV allows users to enroll to receive an email notification each time your online Code is updated. A "modified," "removed" or "added" badge is shown within the online table of contents to alert users of recently amended sections of your Code. * OrdLink will create highlights within your online Code to help users identify what ordinances have been recently adopted and what Code sections have been amended. * MuniDocs will enable you to self -upload your Minutes, Agendas, Policies, Procedures, etc, alongside your Code for quick and easy access * MuniPRO allows you to search over 3,700 Codes in the Municode library, save frequently used or complex searches, create notes to attach to any publication and draft new ordinances. ADDITIONAL SERVICES AVAILABLE FOR PURCHASE Municode offers a wide variety of services, all of which have been designed primarily to serve local governments. Please contact us for information and pricing on any of the services listed below, all of which may be purchased under this contract and all of which are competitively priced. Website Design and Hosting Services Let our team of web analysts and developers create or redesign a website for your municipality that provides your staff and citizens with a stunningly beautiful website that is simple for staff to use, easy for citizens to access, responsive, interactive, dynamic, and extremely efficient! Using the popular Drupal, open -source framework, we will work with you to understand your history, anticipate your future, define your priorities and achieve the long-term goals of your community. When Municode designs your completely mobile friendly website, our goal is to improve your image and your community profile, increase the self- service capacity of your residents, and empower your staff to create, edit and maintain website content as simply and efficiently as possible. The result will be an unparalleled municipal website solution at a very compelling price. ❑ Request MunicodeWEB Demo/Proposal Meeting and Agenda Management Municode provides a cloud -based agenda meeting management system that enables our clients to save time and money by streamlining and automating the agenda process. With zero set-up requirements, minimal budget impact, built in automatic upgrades and internal and external IT support issues managed directly by Municode's expert team of web analysts and system developers, your staff will spend significantly less time on agenda management, while still maintaining total administrative control of your agenda packets. Municode provides the highest level of government transparency to your citizens. We will show you how to live stream your meeting videos at no cost and can provide archived video and audio linking capabilities that will allow your constituents to access the exact point in the meeting video where a specific piece of business is discussed. You can take roll call and record votes live in the meeting — and legislators can also vote directly from their Mac, PC, iPad, or Android device! municode p o Other benefits include agenda process visibility, easy agenda updates, approval workflow, live Council voting & roll call, Email notifications, a Unified Document Search and automated approval routing. When you are ready to publish your Agenda, our "single click publishing" will provide you with automatic agenda and packet creations. ❑ Request MunicodeMEETINGS Demo/Proposal LETTER OF INTEREST July 12, 2022 Ms. Anna Carlson City Clerk 2750 Kelley Pkwy Orono, MN 55356 via email: acarlson(@ci.orono.m.us Ms. Carlson: Thank you for your interest in our legal review and implementation services. The implementation and republication project will include the findings summarized in the Legal Review Memorandum provided by Municode attorney Alyce Whitson. Corrections to the Code can be integrated via adopting amendatory legislation to be incorporated via the supplement process, or we can implement the changes on your behalf and republish the Code in print and online, with supplementation beginning anew with Supplement No. 1. This proposal will outline the scope of services and costs for Municode to implement the findings of the Legal Review under your direction and republish the Code. We will schedule a conference to discuss the findings of the Legal Review and our recommendations to resolve all issues of concern. Following the implementation of findings, we will provide an adopting ordinance for the new Code, and ongoing supplementation and online Code hosting services if elected. Our Supplement team includes 14 teams of Legal Editors and Proofreaders who are dedicated to providing the most accurate and timely supplement service possible. Our code hosting platform, MunicodeNEXT, is the nation's most advanced, accessible and intuitive website for government codes — allowing your staff and citizens to have access to your current code and all archived versions of your code, every official copy of your ordinances, the power to compare versions of your code over time, the ability to be notified every time your code is updated and a powerful search engine capable of simultaneously searching your code, ordinances, minutes, resolutions, budgets and more. Please contact Legal Account Manager Lafaye Kiely (Ikiely(cDmunicode.com, 850-692-7118) if you have any questions regarding this proposal! It would be our pleasure to be of service to the City of Orono! Once the quote is approved we will provide the City with a Statement of Work to review and officially sign for the project. Sincerely, - S Vim---_ Steffanie W. Rasmussen Director of Legal/Services - CivicPlus Phone: 800-262-2633 ext. 1148 srasmussen(@civicplus.com LEGAL REVIEW IMPLEMENTATION AND REPUBLICATION Implementation and Republication (includes Title VI — Land Use) * Implementation of approved recommendations, 800 Double column 10-point font pages * Inclusion of legislation until mutually agreed upon cutoff date * Database conversion as necessary �r Removal of supplement numbers * Updating of preliminary pages (title page, officials' page, and preface) * New page numbers * Creation of a consistent style • Incorporation of Graphics2 & tabular3 matter * 6 printed copies of the new Code with binders and tabs * Sample adoption ordinance provided • Inclusion of adopted legislation post -proof delivery, per amended page Project is based on the font size & pages below — please only select one: Font Size Double Column: ❑ 10-point (800) ❑ 11-point (974) Items not included in base cost * Pages over 800 10-point, double column pages per page (or equivalent) * Freight * State sales tax * Post your code on MunicodeNEXT Conference Selection and Optional Services: $16,240' $22.004 ❑ 12-Point (1052) $24 Actual If applicable See selections on page 5 ❑ On -site conference, each Attorney time, travel, lodging and per diem ❑ Teleconference or web -based conference, 3-hour session No charges ❑ Optional Gender Neutralization of Code $1,120 Binder Selections: (choose binder color AND stamping color) Binder Color: ❑ Semi -Bright Black ❑ Dark Blue ❑ Green ❑ Burgundy INK STAMPING COLOR: ❑ Gold ❑ Silver Payments for Implementation and Republication project -Your project can be budgeted over two fiscal years * Execution of Agreement * Submission of Proofs * Delivery $6,500 $5,680 Balance Provided Municode can utilize the Legal Review results within a year of submitting the legal manuscript which was provided June 27, 2022 and can rely upon the version of the Code furnished in an editable, electronic format. If additional legal work is requested additional fees will apply. 2 Includes printing all copies. Additional fees may apply if graphics are printed color. 3 Tabular matter is defined as tables, algebraic formulas, or other materials that require special programs or extra editorial time to modify and prepare for inclusion in an update. 4 Legislation added to the project must be approved and received prior to the established cutoff date. Following the delivery of the final code draft for client proofing, any extensive changes requested in the Code content, and/or any material added to the Code that was not previously contemplated, will be subject to an additional Proof Update fee. Proofs not returned within 45 days may be subject to a proof update fee, if applicable. 5 For the initial 3-hour session, then $150 per hour thereafter. 2 RRE SUPPLEMENTATION QUOTATION SHEET The City is currently enrolled in a monthly electronic supplement schedule with an annual printed supplement in January and thus falls under our Full Service Plus billing model. Full -Service Schedule Plus: $7,566 ($7,005 + $561) annually invoiced in July 2023. o Year 1 — 20% discount - $ 6,052 invoiced in July 2022 Schedule can be Annual, Semi -Annual, Tri-Annual, Quarterly, Monthly, on demand or monthly electronic supplementation • Includes legislation for current Title VI- Land Use Annual rate includes: Annual fee includes the supplementation of legislation permanent and general in nature. Omitted legislation is not included in annual fee. * Acknowledgement of material * Editorial work & Proofreading Updating the index Updating online code upon completion of each supplement * Printing' up to 6 copies per "print" schedule enrolled in * Freight for supplements Images, Graphics & tabular matter. * WORD DOCX provided each supplement Annual rate above excludes: Additional copies, reprints, binders and tab orders Legal work, creation of fee schedules, gender neutral review/implementation, external linking Codifying complete replacement of complex subject matter such as, but not limited to, Zoning (or equivalent). This work is subject to a one-time editorial conversion fee and an increase in the annual supplement rate and online hosting fee(s). Quote provided upon receipt of material. * Codifying a newly adopted full Chapter/Title/Appendix. This may be subject to a one-time additional editorial fee and an increase in the annual supplement rate and online hosting fee(s). Material to be reviewed upon receipt. Codifying a newly adopted term change legislation. This may be subject to a one-time additional editorial fee. Material to be reviewed upon receipt. * The addition of Manuals, Policies, Procedures, Comprehensive Plans, Land Use, Unified Codes, Zoning (or equivalent). Quotation upon request. * Online Code hosting and online features, see the following pages. Historical invoicing — Municode Docx included at no charge: Line Item — Code of Ordinances 2017 2018 2019 2020 2021 Supplement charges ($22.00 per page) $7,524 $6,270 $7,304 $6,248 $5,368 Images, Graphics, Tabular Matter ($10 ea) $130 $100 $280 $140 $180 Administrative Support Fee $275 $275 $275 $275 $275 Freight $0 $47 $29 $27 $0 Totals $7,929 1 $6,692 1 $7,888 1 $6,690 1 $5,823 5 year average $ 7,005 Line Item — Zoning Reprint 2017 2018 2019 2020 2021 Supplement charges (10 copies) $605 $1,234 $548 $214 $202 5-year average $561 Invoices for Supplements will be submitted annually. Additional services added throughout the term will be pro -rated then added to the annual fee. The annual billing month will be established upon signing of the Statement of Work. 6 All services under this addendum can be increased annually by 5% starting year 3 of service. Sales tax will be applied where applicable. ' Color printing and an increase in the desired number of supplement hard copies will result in an increase in the annual fee. 3 700 ONLINE CODE HOSTING QUOTATION SHEET (MunicodeNEXT) Online features can be purchased on an a la carte basis, or through our budget -friendly, feature -rich MyMunicode bundle for the best value. Please visit our online library of nearly 4,000 codes on MunicodeNEXT here. Please check the appropriate box (es) to indicate your selection: STANDARD ONLINE CODE HOSTING — Existing Service Online Code = MunicodeNEXT with CodeBank/CodeBank Compare + eNotify, annually W $950 Mobile friendly site. Full functionality and optimal screen resolution on all devices. In -line images & scrolling tables & charts. Narrow, Pinpoint & Advanced (including Boolean) Searching. Previous and Hit buttons, Persistent breadcrumb trail. Print or Save as formatted WORD (DOCX). Google Translate supports over 90 languages. Social Media/Email. Share links to sections via email, Facebook, Twitter, etc. Post public notes, external links or documents within the contents of your online Code to keep your citizens informed of current issues pertinent to specific sections of your Code. OPTIONAL SERVICES ❑ OrdBank annually (or per ordinance) NkS $340 Permanent online collection of ordinances with hyperlinks from history notes, supplement history table, and code comparative table to ordinances. This service applies to amendatory (included) ordinances only. ❑ OrdBank + OrdLink annually (or per ordinance) $490 Provides hyperlinks from newly adopted amendatory legislation to sections of the code to be amended. ($60) ❑ MuniPRO Service annually (sample Ordinance Service) It$ $295 Search nearly 4,000 codes/ordinances in our online library. Attach notes to codes and drafts of new legislation. ❑ Custom Banner one-time fee Customize MunicodeNEXT to match the look of your website. $250 My Municode - Value Pricing! ❑ MyMunicode annually. $1,3508 Includes MunicodeNEXT (Online Code), OrdBank, CodeBank, CodeBank Compare + eNotify, MuniPRO, and Custom Banner ❑ Add OrdLink to the MyMunicode bundle for only $150 annually! 8 Total value if each item were to be purchased a la carte would be approximately $1,585 per year with participation in our OrdBank service. 4 701 SCOPE OF SERVICES —IMPLEMENTATION AND REPUBLICATION Legal Review Implementation Implementation of Approved Recommendations. Recommendations from the legal review, as approved by you and your staff, will be incorporated into your code by aggregating all changes and republishing the code. Upon completion of the republication, we will provide you with a sample adopting ordinance to formally adopt the new Code. * Incorporate Legal Review Findings. All approved recommendations will be implemented into your code as outlined in the Legal Memorandum. * Incorporate Ordinances. The ordinances that you have enacted subsequent to the latest ordinance included in the existing code will be incorporated as shown on the price quotation sheet. The amended or repealed provisions will be removed and the new provisions inserted. Conference. Within 30 days of your receipt of the Legal Memorandum, we will conduct a conference, either in person or via telephone or webinar, to review the Legal Memorandum and our recommendations. All interested personnel may be included, but your attorney and clerk are essential. Issues discovered during the legal analysis will be discussed at the conference, with the goal of the conference being to come to agreement on any required changes. Your attorney has the final decision -making authority for resolution of issues brought up at the conference or noted in the Legal Memorandum. Republication We will work with you to confirm the desired formatting and style of the Code. We will update the preliminary pages, create an Index (if elected) and Table of Contents; add any uncodified newly adopted legislation at the per page supplement rate quoted; update history notes; provide a comparative table of ordinances and integrate all applicable photographs, maps, diagrams, charts and tables into the Code. Proofs will then be provided for your review. Following the approval of the proofs, the Code will be shipped and posted online in fully robust HTML format. We will handle 100% of the publishing of your Code. The republication process includes editing, page composition, proofreading, indexing (if elected), and delivering the information as printed and/or electronic copy. When we republish your Code, pages are recomposed to eliminate short pages, pages with blank backs and oddly numbered (point) pages. Following the recomposition, the Code is reprinted, and supplement number designations start over with Supplement No. 1. The anticipated time frame for the conversion and republication project is 4-6 months following implementation, excepting any delays in our receipt of materials or your return of proofs. Within 2 weeks of shipping the new Code, it will be published online in fully robust HTML format via MunicodeNEXT. The current Code can be posted online in PDF format during the conversion and republication phase, if desired. The process includes: * Conversion to our codification database; * Inclusion of adopted legislation can be added at the per page supplement rate quoted; * Removal and replacement of supplement numbers; * Updating of preliminary pages (title page, officials' page, and preface); * New page numbers; * Editing & proofreading; * 10-point Times New Roman font, single column format, unless otherwise instructed; * Incorporation of maps, diagrams, charts and tables; * Preparation of Table of Contents and updating or creation of an Index (if elected); * Proofs provided for your review; * Posting your newly republished Code on MunicodeNEXT; * Providing printed copies and any electronic versions specified in the format of your choice (WORD, PDF, FOLIO), as elected on the quotation sheet. 702 SUPPLEMENTATION & WEBITE HOSTING SERVICES Supplementation Services Municode's supplementation process has been designed for timeliness, efficiency, simplicity and most of all, for our customers' convenience. Supplements can be provided on the schedule of your choice, as there is no additional cost for more (or less) frequent supplementation. In addition to printed supplements, we can deliver the updates in Word, PDF and/or Folio formats. We pride ourselves on a turnaround time of 40 to 45 days for printed supplements and can provide "always up to date" electronic update services within 15 days at the same per page rate quoted for printed supplements. With printed supplementation, the online Code is updated within 3 days after shipping the supplement, and there is no additional fee for this service. A recent analysis of our printed supplement Services indicated an editorial error rate of less than .1 %, which is made possible by our attention to detail, ongoing communication with our clients, and strict quality control checks to ensure we continue to produce the best printed and electronic supplements available in our industry. Any errors attributable to Municode during the preparation, printing and maintenance of the Code will be corrected at no cost. The printed supplement process is outlined below. Supplementation Process: Receipt of new legislation will be acknowledged within 24 hours. Our production support team will record the adoption date, effective date and ordinance number(s) and ensure that all necessary exhibits, tables and graphics are included. You will be advised promptly if any pertinent information is missing from your submission. Your material will then be immediately forwarded to our Supplement team for codification. If our OrdBank service is elected (advance legislation service), the legislation will be posted online within 48 hours as a PDF under "Adopted Legislation not yet Codified" at this time. Editorial Review — Our editorial team will review all ordinances received to determine whether the ordinance should be included in your Code; where the ordinance should be placed; whether the ordinance conflicts with your existing Code format; what material should be removed from your existing Code; whether history notes will be added; what tables will be updated and whether the Table of Contents in the front of the Code and at the Chapter/Title level should be amended. If any significant errors or numbering issues are noted, your editor will contact you for clarification. No substantive changes to your legislation will be made by our editorial team, however minor typographical errors will be corrected as part of the supplement process. Should the editorial, legal and/or proofreading team find discrepancies in your ordinances, we will communicate with you to ensure that the ordinances are correct and consistent with the existing Code. 3. Indexing — If an Index is elected, your supplement will now be sent to our indexing team, where all new legislation is indexed and cross-referenced in all appropriate locations. j Submission of Materials %= ® Editorial Review i T Mark Up i i Indexing i Proofreading i �' Corrections �- i MA+,� I Printing & Shipping i ❑''® Upload to the Internet 4. Proofreading — The proofreader assigned to your editorial team will then examine your supplement line by line to ensure editorial accuracy, Code hierarchy and layout and to confirm that your supplement is grammatically correct and free of errors in spelling and capitalization. Your supplement is examined again line by line to ensure that the improvements made by the editorial team were thorough and 2 703 accurate. During this process, the original ordinance is compared again with the newly added text to further ensure editorial accuracy. 5. Posting the supplement online (MunicodeNEXT) — After your supplement has been completed, your online Code will be updated within 1 to 2 days and any electronic products requested will be provided. You will receive notification that the website has been updated via email. If CodeBank Compare + eNotify service is elected, citizens will be notified each time the online Code is updated. When your Code is updated on MunicodeNEXT, all internal cross-reference links are updated. With our OrdBank feature, each history note will be linked to the ordinance that amended the respective section. 6. Printing and Shipping — We will print, cut, 3 hole -punch, insert divider tabs (if elected) and ship your supplement to you quarterly unless otherwise instructed. You can change your supplement schedule at any time, and there is no additional charge for more frequent supplementation. Instruction Sheet: With each printed supplement, we will furnish a page of instructions for removal of the obsolete pages and insertion of the new pages; as well as a Checklist of up-to-date pages with each supplement. Online Code Hosting (MunicodeNEXT) Our code hosting platform, MunicodeNEXT (https://Iibrary.municode.com) was created and is continuously enhanced and improved by our in-house team of Internet Technology professionals. MunicodeNEXT includes Standard and Premium features (see Attachment A), all of which are designed to provide a wide variety of additional capabilities for the research and navigation of your code, as well as for preserving its history. Our newest free online feature, Public Notes, will enable you to add external links within the contents of your online Code (such as links to Zoning maps, Fee Schedules, Council Meetings, the Clerk's office, etc.) or to post public notes or documents in the online Code to inform your citizens about current issues pertinent to specific sections of your Code. MunicodeNEXT is extremely user-friendly and requires no special training or login information. A variety of video tutorials are offered, and we can host a personalized training webinar for you and your staff to demonstrate our online features and capabilities before your new Code goes "live" online. Our MuniDocs feature enables you to upload related documents online alongside the Code in fully searchable format. Electronic viewing statistics are available upon request on the schedule of your choice. Our MuniPro feature provides the ability to search over 3,700 online Codes in our library, save frequently used or complex searches, create notes to attach to any publication and draft new ordinances. Our powerful search engine allows users to enter simple or advanced searches and supports Boolean operators, stemming, wildcards, proximity searches, and a global synonym list. Users can easily search the code using keywords or phrases, and can print, download and/or email any portion of your code. Search terms can be applied to the entire code or narrowed to search only within specific chapters or sections. Our recent website upgrade allows users to sort results by relevance or book order! Our collapsible Table of Contents, continuous next -hit feature and internal and external hyperlinking and cross-referencing features simplify and enhance the navigation of your online code, allowing your staff and citizens the capability of simultaneously searching your code, ordinances, minutes, resolutions, budgets and more. With MunicodeNEXT advanced features, your staff and citizens need only click the link provided on your municipality's website to access your full Code of Ordinances. They not only have access to your complete and current Code of Ordinances, but to all archived versions of your code, every official copy of your ordinances, the power to compare versions of your code over time, the ability to be notified every time your code is updated, and the ability to translate your code into over 100 languages via Goog/e Translate, which is included at no additional charge. MunicodeNEXT is designed with accessibility in mind. Our application is fully responsive, ensuring all features are available on appropriately sized desktop, tablet, and smartphone viewports. Designed to provide easy access and an intuitive interface, it is extremely well -suited for use on tablets and mobile devices running iOS or Android. With delivery available in Word, PDF or Folio format, the Code can be viewed and researched offline. The User Interface and all HTML content viewed via our MunicodeNEXT web application is WCAG 2.1 Level AA compliant. While we take several steps to improve the accessibility of PDF documents uploaded to the MunicodeNEXT platform, we cannot guarantee full ADA compliance of PDF documents. If a fully ADA compliant PDF document is uploaded to our MunicodeNEXT platform, it will remain compliant while stored in our 3 704 system. For each PDF document that is uploaded to our platform, we OCR scanned PDFs; set document title, primary language, and other PDF metadata fields; and automatically create a base level of tags to be used by screen readers. Our tech stack includes HTML5 & CSS3, Javascript (AngularJS), and a RESTful API written in C# running on .Net Core. All content is rendered in standard HTML and is viewable in all modern browsers including PC: Microsoft Internet Explorer 10 or later, Firefox 3.6 or later, macOS®: SafariTm 5.0 or later, and Chrome 18 or later. We host MunicodeNEXT in Microsoft's Azure Government secure cloud environment and guarantee an SLA of 99.95% uptime. SSL encryption is used by default to secure access to the site and the entire platform is backed up to multiple geographic locations within the Azure Government cloud ecosystem. MunicodeNEXT Premium Feature Summary (See Attachment A for screenshots and full details) We recommend our bundled feature option, MyMunicode for the most transparent and feature rich code possible. MyMunicode includes annual online hosting and maintenance service with CodeBank, CodeBank Compare + eNotify, OrdBank, MuniPro and a custom online code banner to match your website. Our MuniPRO feature allows you to search nearly 4,000 codes in the Municode library for sample ordinances, save frequently used or complex searches, create notes to attach to any publication and draft and edit new ordinances internally. Constituents and staff can search the Code by keywords or phrases, and print or email at the section, article and chapter level of the online Code. Our newest free online feature, Public Notes, will enable you to add external links within the contents of your online Code (such as links to Zoning maps, Fee Schedules, Council Meetings, the Clerk's office, etc.) or to post public notes or documents in the online Code to inform your citizens about current issues pertinent to specific sections of your Code. A summary of our Premium features is provided below. * CodeBank will enable you to have instant access to past versions of your code after each supplementation. * CodeBank Compare + eNotify provides you with the ability to select a past version of your online code and compare it to any other version of the code each time the code is updated. The differences will be shown via Highlights (added materials) or Strikethrough (deleted material). * eNotify allows users to enroll to receive an email notification each time your online code is updated. A ,'modified," "removed" or "added" badge is shown within the online table of contents to alert users of recently amended sections of your code. * OrdBank will create one click access to every ordinance via linked history notes. Ordinances are permanently stored online in the OrdBank repository and filed in annual folders. Applies to included (amendatory) ordinances. * OrdLink will create highlights within your online code to help users identify what amendatory ordinances have been recently adopted and what code sections have been amended. * MuniPRO allows you to search nearly 4,000 codes in the Municode library, save frequently used or complex searches, create notes to attach to any publication and draft new ordinances. * MuniDocs has recently been upgraded to allow clients to upload a wide variety of .rtf, .doc, .docx, and .pdf documents to browse and search alongside the code. Uploading is as simple as dragging and dropping the document from your computer into the upload dialog box on the improved administrator dashboard, where previously uploaded documents can also be managed. When uploaded, users can choose from a wide list of predefined document types, including minutes, agendas, resolutions and more. These documents are immediately converted to PDF and indexed for search, organized in nested folders — allowing the public to browse and search them immediately. 4 705 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA ORDINANCE NO.312 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF ORONO, MINNESOTA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. THE CITY COUNCIL OF ORONO ORDAINS: Section 1. The Code entitled "Orono, Minnesota, City Code," published by CivicPlus, LLC, consisting of Titles I through VI, each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before February 10, 2025, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine up to the maximum amount permitted or required by state law. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city council may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. 706 Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the city council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6.Ordinances adopted after February 10, 2025, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 7. This ordinance shall become effective upon publication the 28 day of July 2025. Passed and adopted by the Orono City Council this 28 day of July 2025 on a vote of ayes and !nays by the City Council of Orono, Minnesota. ATTEST Christine Lusian, City Clerk Post: May 01 Council Action: July 28 Publish: August 09 Certificate of Adoption CITY OF ORONO Bob Tunheim, Mayor I hereby certify that the foregoing is a true copy of the ordinance passed at the regular meeting of the city council held on the 28 day of July 2025. Christine Lusian, City Clerk 707 SUMMARY PUBLICATION ORDINANCE 312 CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE UPDATING CITY CODE The City Council of Orono, Minnesota approved a new city code of ordinances on July 28, 2025. These are housekeeping updates to ensure that provisions are comprehensive, lawful and enforceable. The complete text of this ordinance is available at city hall or oronomn.gov. CITY OF ORONO /s/Bob Tunheim, Mayor Attest: /s/Christine Lusian, City Clerk 708 AGENDA ITEM Date: July 28, 2025 Title: Upcoming Work Session and Council Training Schedule Presenter: Adam Edwards, City Administrator / Engineer Section: Consent Agenda Item: 9 1. Purpose: The purpose of the action item is to schedule future work session agendas and council training / orientations. 2. Background: a. Work Sessions. This is an opportunity for council members to propose and agree to future work session topics. Work session meetings are at 5 pm on the same days as 6 pm regular council meetings. The table below lists upcoming proposed subjects and dates. Date Subject 13 Jan Council Code of Conduct 27 Jan Special Elections Council Goals 10 Feb Council Code of Conduct (Part 2) 24 Feb Interview Commissioner Applicants (Parks/Planning) 10 Mar Fire Service Coverage Discussion 14 Apr Joint Meeting With Parks Commission 28 Apr Street Maintenance 2026 Average Lakeshore set back (Part 6) Request for Proposal (RFP) process 12 May summary 27 May City Goals and Vision Discussion - Comp Plan look ahead 9 Jun City Goals and Vision Discussion Part 2 23 Jun Preliminary Budget Guidance 2026 Date Subject 14 Jul Code Enforcement Average Lakeshore set back (Part 6) 28 Jul 4PM General Fund Budget Update Start 11 Aug Communications Plan Update 25 Aug Enterprise Budget Update 8 Sep Preliminary Levy / Budget 22 Sep City Facilities Review 13 Oct Draft Capital Improvement Plans 27 Oct Draft Capital Improvement Plans 10 Nov Community Management Plan Overview 24 Nov Fee Schedule Update 8 Dec None b. Council Trainings and Orientations. This is an opportunity for council members to propose and agree to additional trainings or orientations for council.. Staff will then prepare and execute the trainings. The table below lists upcoming proposed subjects and dates. Date and Time Subject Location Staff Lead 709 March 7, 8:30- Salt and Commodities Tours 10:00 April 4, 10:00- Orono's Conservation Design Code 12:00 Orientation May 21 st and New Council Member Orientation (CM 22nd Schwingler) Date and Time Resiliency and the Environment (Exact title TBD TBD) Wayzata and DJ Medina Council Chambers Laura City Hall City Hall Dept Heads dam, Laura, DJ, Joe 3. Process: The work session dates and times are set by the City's annual Meeting Calendar, which the staff presents and the council approves, in the November time frame, for the following year. Historically the city has scheduled 2 hours per month for work sessions. Some times that has been one 2 hours session per month with more recent schedules having two one hour sessions per month. These regularly scheduled meeting have then been augments by special meeting to cover specific topics that do not fit within the regular schedule, or require additional time to adequately cover a given topic. 4. Staff Recommendation: I recommend the next work session occur as scheduled. If the council would like to adjust the schedule please provide that guidance and we can make the adjustment. COUNCIL ACTION REQUESTED Move to approve the draft work session schedule. 710 AGENDA ITEM Date: July 28, 2025 Item: 10 Title: Acceptance of CenterPoint Energy Community Safety Grant Award - Resolution 7600 Presenter: Joe Ruthenberg, Superintendent - Parks, Facilities Section: Presentations Purpose: Accept check from Roger Smith with CenterPoint Energy 2. Background: The City of Orono was awarded $2,500 through CenterPoint Energy's Community Safety Grant to be used to upgrade AED equipment throughout the city. 3. Staff Recommendation: Approve acceptance of the awarded Community Safety Grant from CenterPoint Energy. COUNCIL ACTION REQUESTED Approve Resolution 7600 - accepting the awarded Community Safety Grant from CenterPoint Energy. Exhibits A. Resolution 7600 711 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7600 RESOLUTION TO ACCEPT CENTERPOINT ENERGY COMMUNITY SAFETY GRANT WHEREAS, CenterPoint Energy provides public safety grants to communities in their service area through their CenterPoint Energy Community Safety Grant; and WHEREAS, the City submitted an application to the CenterPoint Energy Community Safety Grant program for the purchase of an Automatic External Defibrillator (AED); and WHEREAS, the City has been notified that it has been awarded $2,500 from the Grant for the purchase of an AED; and WHEREAS, the City has the legal authority to apply for and accept the Grant; and WHEREAS, the City Council has determined that it is in the best interests of the City to accept the funds and proceed with the purchase of an AED subject to the terms and conditions of the grant. NOW, THEREFORE, BE IT RESOLVED the Orono City Council that the City of Orono accepts a CenterPoint Community Safety Grant in the amount of $2,500 for the purchase of AED equipment. ADOPTED this 28th day of July, 2025, by the City Council of the City of Orono. ATTEST: Christine Lusian, City Clerk Bob Tunheim, Mayor M K AGENDA ITEM Date: July 28, 2025 Item: 11 Title: LA25-000029, City of Orono, Comprehensive Plan Amendment #8, Resolution 7601 Presenter: Laura Oakden, Community Development Director Section: Community Development Report Purpose: The City is proposing minor changes to the 2040 Comprehensive Plan. 2. Background: The Comprehensive Plan Chapter 3B Land Use Plan establishes Land Use classifications for each area of the City. The Wildhurst Forest plat was approved in 2022/2023 (Subdivision File #LA23- 000034) and included a sewer extension. The Metropolitan Council reviews all utility extension permits within the City. As part of the Met Council's review of the sewer extension permit, two areas of inconsistency were identified within the Comprehensive Plan. The inconsistencies involve the existing Proposed Future Land Use map (Map 3B-3a) and the Predicted Growth in Sewered Areas Net Density table (Table 3B-4). The correction involves two separate amendments: 1. Reconciliation of an error on the "Proposed Future Land Use" Map (map 313-3a) under the Urban Estates Residential Classification, 2. Amendment of Table 313-4 "Predicted Growth in Sewered Areas, Net Density" Table. 3. Planning Commission Vote and Comment: The Planning Commission reviewed the amendment at the July 21, 2025 meeting (Memo, Video) and held a public hearing. No public comments were made. The Planning Commission discussed the item and commented on the administrative nature to reconcile the identified inconsistencies. The Commission voted 4-0 in favor of the amendments. 4. Public Comment: To date, no comments from the public have been received. Staff Recommendation: Planning Staff recommends approval of the changes as presented. COUNCIL ACTION REQUESTED Motion to recommend approval of the proposed Comp Plan Amendment #8. Exhibits A. MAP 3B-3, Planned Land Use Amend #8 B. Table 313-4, Projected Growth Table Amend #8 C. LA25-000029, Comp Plan Amend #8, PCSR D. LA25-000029, CPA #8, Resolution 7601 713 8 �aNO A� ti h tr L� 9kF5KD�F. M Turner Road 0 � o i Drake Dr 0 110 W Branch Road Road Dutch Lake 2040 Comprehensive Plan Orono, MN x "z o r v 0 0 o � a c 3 D =D U Moline Road County Road 151 Jenninr Bay V a �7 Harrison Bay �� Proposed Future Land Use March 2025 O MLENK Real People. Real Solutions. Katrina [ r.re-" a 23rd Ave N Lake g ` Q 3 49•R— �.._.._.._.._.._ �_ ��M z JFM ILL �e ti �� � ■ ❑r — o � F' prt Insca et pg �i rr" It 1 s�9 r1 oarliais �` 1 . --- i an offp) 2 Orchardi�Fn �► O ti r� _ .. _ .. .. _ .. _ .... . DensityGrand Ave Reduced Wayzata StvdjlN 1 < U� to 8 -15 units/acre IF�' �� -1 `• `i l °' Watertown Road ' ` - F•i! 1 �+*o ■. �* (P"' i w I CA •rn I I a ►* 1�� ; o f �!a r � • Ro MR Fox 5t r c +' ■ ■ °' i �Q _ 40 r-7 North ] 1�• Browns Arm _ � �eY Bay i 2 =-_ ake s. i y = mar French _ 1 1 Marsh i v �S repr — 1 Bay H Bracketts ♦ all Paint 1 1 i Arm Crystal Bohns ♦ r'► 1 - Bay PoIntA♦ � '�r�� Lake i i ♦ 1 '� Minneto ^', mot► 1 1 Dr d Legend CityLimits Lakes a Porods 2U411 MUSA kivws F. Streams i § {r` A 0 3,500 Feet Source: Met Council, City of Orono, o Hennepin County, MnDOT 1 ern XVe ay�� i Lafayette i �g L f Bay Inset 2 °ao j ! coo* � t as P_rni � 1 r 1 1 Inset 1 Cott Road t `6 ` S Lj Lake Density Reduced Mirwelir! Ito 8 -15 unitslacre inset 2 Land Use Classes Preserve (1 Urban Large Lot qPRural unit 15 acres) Estate (0.125 - 0.5 units/acre) Rural Residential Urban Medium (1 unit 12 acres) Density Residential 1 Mixed Use 8 - 15 Island Residential units 1 acre) Urban Estate Urban Medium High Density Density Residential (0.5 - Residential (15 - � 2 units 1 acre) 20 units l acre) Urban Low Urban High Density Density Residential (3 - 8 Residential (20 - units 1 acre) 25 units l acre) Map 3B-3a IVCommercial) Office IV Industrial Park, Recreational, and Open Space 714 Predicted Growth in Sewered Areas, Net Density Table 313-4 (Amendments 1-7) A B C D E F G H I Name Land Use Category JAL Net Residential Acres RA Lowest Guided Density Predicted # of units (C x D) 2021-2030 Growth (Househol ds) 2031- 2040 Growth (Househ MUSA Part TAZ Zone Dumas Urban Medium High/ Mixed Use Residential (8- 15 u/a 25.1 8 200.8 200.8 32 921 Eisinger Flats Urban High (20-25 u/a) 10 20 200 200 50 921 Eisinger Meadows Urban Low Density (3-8 u/a) 5 3 15 15 50 921 Area A Total 40.1 415.8 215 200.8 Area B 112060 St. Thomas Prop Urban Medium High/ Mixed Use Residential (8- 15 u/a 3.69 8 29.52 29.52 10 922 Wayzata Urban Medium High (15-20 u/a) 2.51 15 37.65 37.65 10 923 Area B Total Area C, North Fire Station Hwy 12 frontage 16.2 Area Urban low (3-8 u/a) 1.7 3 67.2 5.1 67.17 0 5.13 34 929 Garden Prop. Urban low (3-8 u/a) 3.4 3 10.2 10.23 34 929 Glendale Drive Urban low (3-8 u/a) 3.8 3 11.5 11.46 34 929 Area C Total 8.9 26.8 0 26.82 Area D (Sewer extension into large lot areas/ Lake protection) Urban Low Density 690 Brown Rd Urban Estate (0.5-2 Units /Acre) 18 0.5 9 9 40 927 740 Brown Rd Urban Estate (0.5-2 Units /Acre) 3.18 0.5 1.59 1.59 40 927 3400 Fox Urban Large Lot Estate (0.125-0.5 Units /Acre) 5.26 0.125 1 1 31 954 3295 Fox Urban Large Lot Estate (0.125-0.5 Units /Acre) 4.23 0.125 1 1 31 931 3345 Fox Urban Large Lot Estate (0.125-0.5 Units /Acre) 4.69 0.125 1 1 31 931 3350 Fox Urban Large Lot Estate (0.125-0.5 Units /Acre) 7.12 0.125 1 1 31 954 3320 Fox Urban Large Lot Estate (0.125-0.5 Units /Acre) 3.06 0.125 1 1 31 954 3300 Fox Urban Large Lot Estate (0.125-0.5 Units /Acre) 4.55 0.125 1 1 31 954 3280 Fox Urban Large Lot Estate (0.125-0.5 Units /Acre) 4.95 0.125 1 1 31 954 3250 Fox Urban Large Lot Estate (0.125-0.5 Units /Acre) 5.31 0.125 1 1 31 954 3200 Fox Urban Large Lot Estate (0.125-0.5 Units /Acre) 4.12 0.125 1 1 31 954 3175 Fox Urban Large Lot Estate (0.125-0.5 Units /Acre) 7.49 0.125 1 1 31 954 3125 Fox Urban Large Lot Estate (0.125-0.5 Units /Acre) 7.44 0.125 1 1 31 954 825 Old Crystal BeUrban Estate (0.5-2 Units /Acre) 17.61 0.5 8 8 31 954 1700 Shoreline Urban Estate (0.5-2 Units /Acre) 20.14 0.5 10 10 37 955 1100 Millston Rd Urban Estate (0.5-2 Units /Acre) 12.7 0.5 6 6 37 955 1003 Wildhurst Urban Estate (0.5-2 Units /Acre) 10 0.5 4 4 0 1 953 135 Orono Orchar Urban Estate (0.5-2 Units /Acre) 13 0.5 6 6 53 928 365 Old Crystal BeUrban Estate (0.5-2 Units /Acre) 5.85 0.5 2 2 54 931 Area D Total 158.7 57.59 10 47.59 Area E Navarre Area 3880 Shoreline (Hennepin County) Urban Medium High/ Mixed Use Residential (10- 2 0 u/a) 9.37 8 75.0 74.96 1 958 3890 Shoreline Urban Medium High/ Mixed Use Residential (10- 20 u/a) 0.68 8 5.4 5.44 1 958 715 3860 Shoreline Urban Medium High/ Mixed Use Residential (10- 0.64 8 5.1 5.12 1 958 20 u/a 3850 Shoreline Urban Medium High/ Mixed Use Residential (10- 0.78 8 6.2 6.24 1 958 20 u/a 3800 Shoreline Urban Medium High/ Mixed Use Residential (10- 0.7 8 5.6 5.6 1 958 20 u/a 3596 Shoreline Urban Medium High/ Mixed Use Residential (10- 0.62 8 5.0 4.96 1 958 20 u/a 2389 Blaine Urban Medium High/ Mixed Use Residential (10- 1.11 8 8.9 8.88 1 958 20 u/a 3574 Shoreline Urban Medium High/ Mixed Use Residential (10- 0.47 8 3.8 3.76 1 958 20 u/a 3572 Shoreline Urban Medium High/ Mixed Use Residential (10- 0.31 8 2.5 2.48 1 958 20 u/a 3542 Shoreline Urban Medium High/ Mixed Use Residential (10- 0.46 8 3.7 3.68 1 958 20 u/a 3502 Shoreline Urban Medium High/ Mixed Use Residential (10- 0.31 8 2.5 2.48 1 958 20 u/a 3496 Shoreline Urban Medium High/ Mixed Use Residential (10- 0.31 8 2.5 2.48 1 958 20 u/a 3480 Shoreline Urban Medium High/ Mixed Use Residential (10- 0.15 8 1.2 1.2 1 958 20 u/a 3472 Shoreline Urban Medium High/ Mixed Use Residential (10- 0.15 8 1.2 1.2 1 958 20 u/a 3468 Shoreline Urban Medium High/ Mixed Use Residential (10- 0.15 8 1.2 1.2 1 958 20 u/a 3465 Lyric Urban Medium High/ Mixed Use Residential (10- 0.62 8 5.0 4.96 1 958 20 u/a 3440 Shoreline Urban Medium High/ Mixed Use Residential (10- 0.15 8 1.2 1.2 1 958 20 u/a Forfiet Land Urban Medium High/ Mixed Use Residential (10- 0.15 8 1.2 1.2 1 958 20 u/a Forfiet Land Urban Medium High/ Mixed Use Residential (10- 0.1 8 0.8 0.8 1 958 20 u/a Parking Lot Urban Medium High/ Mixed Use Residential (10- 0.86 8 6.9 6.88 1 958 20 u/a 2520 Shadywood Urban Medium Density (3-10 u/a) 2.02 3 6.1 6.06 l 956 3770 Shoreline Urban Medium High/ Mixed Use Residential (10- 4 (Firestation) 20 u/a) 8 32.0 32 1 958 Area E Total 24.11 182.78 38.06 144.72 85% Residential 120.5 155.4 Planned Totals jjjjjjj�234.4 723 330 420 The city must provide opportunity to meet its expected demand of housing growth in two Surplus (Deficit) of housing opportunities Calculated Density (number of acres/ number of lots) Affordable Housing. The city must provide opportunity for affordable housing. In Orono, this is achieved by guiding acres at densities greater than 8 units per acre. Orono must # of acres at 8 units per acre or greater Number of units 523 340 63.39 *Verify that the parcels 644.69 716 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, Community Development Director Date: July 21, 2025 Subject: LA25-000028, City of Orono, Comprehensive Plan Amendment #8 Public Hearing Application Summary: The City is proposing minor changes to the 2040 Comprehensive Plan which includes 1. To reconcile an error within Proposed Land Use Map 313-3a under the Urban Estates Residential Classification and 2. Amend Table 313-4 Predicted Growth Areas Staff Recommendation: Planning Department Staff recommends approval. Background The Comprehensive Plan (Plan) establishes Land Use classes for each area of the city. With each residential land use class, the Plan applies a density range to establish an appropriate level of density based on multiple factors, including surrounding land uses, transportation opportunities, community character, and utility options. The Metropolitan Council reviews all utility extension permits within the City. The plat of Wildhurst Forest was approved in 2022/2023 (Subdivision File #LA23-000034). To complete the improvements associated with Wildhurst Forest, the developer is extending city sewer to serve the property. As part of the Met Council's review of the sewer extension permit, two areas of inconsistency were identified. The inconsistencies involve the existing Planned Land Use Map (Map 313-3a) and the Predicted Growth in Sewered Areas density table (Table 313-4). The correction involves two separate amendments: Map Amendment: Map 3B-3a incorrectly identifies the Wildhurst Forest property as Rural Residential (the land use category intended for rural parcels outside of the MUSA which are served by private septic systems rather than Urban Estates Residential. The parcel was designated Urban Estates in 2018 when the property was added to the MUSA with the 2040 Plan Update. Properties within the Urban Estates Residential district are within the sewered areas (or the metropolitan urban service area, the "MUSA"). Since the 2018 Comp Plan highlights this parcel as part of the MUSA and identifies is as Urban Estate within the text and tables of the Plan, this reenforces that the Rural Residential classification of the property shown on Map 313-3a was done in error. Figure 1: Existing Future Land Use Map Land Use Classes 4FRural Preserve (t t11W 15 acres) qrRural Residenilal (7 unit 12 acres) island Residential Urban Estate Density Residential (0.5. 2 un els I acre) Urban Low Density Residential (3. B urds I acre) VA to FILE # LA25-000029 July 21, 2025 Page 2 of 3 Table Amendment: Table 313-4 identifies the Wildhurst Forest property for growth in the years between 2031 to 2040 rather than the 2020-203 period which is when the subdivision was approved. As part of the Comprehensive Plan Update, every 10 years the City identifies specific growth areas. Each growth area/development area is then assigned to a specific decade for when the city anticipates the guided development to occur. The 2040 Comprehensive Plan identified the subject property to be developed in the decade between 2031-2040. With the approval of the development in 2023, the Met Council requests an update to Table 3B-4 - Predicted Growth in Sewered Areas, to reflect that the parcel will be served by sewer sooner than previously predicted, within the 2021-2030 decade. Predicted Gmmth in Sewered Areas, Net Density Table 31134 (Anx•ndments 1-6) A li C D E 13 1 N m-: Land Usc ('atc�nn Net Residential Acres (NRA) Lowest Guided Densky Prcdictcd # of units (C DI P 2021-2030 Growth tllousd*W) 2031-2040 Growth 01ouscholds) MUSA Part TAZ Zone lillli kk ddhnnt Crhan Fhtalr 1115-2 1'nit. 4 4 1 HS3 Figure 2: Existing Growth Table 38-4 The current amendments propose to correct classification of the subject property on the Planned Land Use Map from Rural Residential to Urban Estates Residential and well as update the development period within the Growth Table. Analysis The City is required by a Metropolitan Council mandate to meet certain goals in the areas of affordable housing, growth opportunity, and density. The proposed amendment does not alter or impact the goals of the city. The City's overall density, affordable housing, and growth opportunities are not changing. Affordable Housing. The proposed amendment will not impact Orono's current affordable housing requirements. The City must provide an opportunity for 154 new affordable housing units. The Met Council recognizes that densities of 8 units per acre satisfy the affordable housing goal for the City of Orono. The City meets this goal by guiding the appropriate number of acres at a density greater than 8 units per acre. Sewered Growth. The City must provide opportunity for sewered growth to meet the expected demand in the time periods from 2020-2030 and 2031-2040. This is accomplished by identifying parcels with the potential to develop with city sewer in the given time periods. While the city cannot require development of any parcel, planning ahead for the growth is important for bolstering infrastructure, services, and schools. The proposed amendment reconciles the approved plan from 2023, to alter the time period from 2031-2040 to the 2020-2030 time period. This does not impact the overall sewered growth plans for the city. The city's plan allows for sewered growth within environmentally sensitive areas, such as lakeshore lots, and provides additional opportunities for housing in the city's commercial corridors, such as Wayzata Boulevard and Shoreline Drive. 718 FILE # LA25-000029 July 21, 2025 Page 3 of 3 Density. The city must develop at an overall density average of 3.0 units per acre in its sewered areas. The city wants to provide sewer access to areas adjacent to the lake to mitigate septic and other environmental impacts around sensitive areas without increasing the density in those areas. This requires higher density areas to be established around our commercial corridors and in other areas around the city. The proposed amendment does not impact the density numbers within the city. Net Area: The subject property is included within Table 36-4 - Predicted Growth in Sewered Areas and accounted for as part of the overall density calculation for the city. The property is 9 acres in area. There are wetlands and bluff areas located throughout the parcel requiring setbacks and other development protections for these sensitive features. Subtracting these protected areas results in a net area of roughly 7.5 acres. This is estimated from the wetland delineation and bluff analysis of the site. The site will maintain the required density from Table 313-4 of the Urban Estates Residential guidance of 0.5 - 2 units per acre. Table 313-4 and Map 313-3a are attached as well as an amended Proposed Land Use Map. This table identifies parcels eligible for development, their guided land use and density, anticipated growth period, Metropolitan Urban Service Area (MUSA), and Traffic Analysis Zone (TAZ). Public Comments To date, no written comments from the public have been received. Issues for Consideration 1. Does the Planning Commission find the amendments to the Comprehensive Plan appropriate? 2. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the changes as presented. 719 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7601 A RESOLUTION APPROVING AMENDMENT #8 OF THE 2020-2040 COMMUNITY MANAGEMENT PLAN MODIFYING THE "PROPOSED FUTURE LAND USE" MAP AND THE "PREDICTED GROWTH IN SEWERED AREAS" NET DENSITY TABLE (FILE NO. LA25-000029) WHEREAS, on June 10, 2019, the City of Orono (hereinafter "City") adopted the 2020-2040 Community Management Plan (hereinafter the "Plan"); WHEREAS, in the implementation of the Plan, the City desires to amend an error within the Propose Future Land Use Map and reconcile the Predicted Growth Sewered Areas to more appropriately serve the City Council's land use goals; WHEREAS, on August 14, 2023, the City Council approved a sanitary sewer extension as part of the plat of Wildhurst Forest (hereinafter the "Development") which was added to the Metropolitan Urban Service Area (hereinafter the "MUSA") as part of the 2020-2040 Plan update; and WHEREAS, as part of the Met Council's permitting review for the sanitary sewer extension, it became necessary for the City to address an administrative error on the Proposed Future Land Use Map (3B-3a) (hereinafter the "Map") to reclassify the Development from Rural Residential to Urban Estate Residential through a Comprehensive Plan Amendment (hereinafter "Amendment #8"); and WHEREAS, as part of the Met Council's permitting requirements for the sewer extension, the City is also required to update the Predicted Growth in Sewered Areas Table (3B-4) (hereinafter the "Table") regarding the development timeline for the Development from the currently contemplated decade for development of 2031-2040 to 2021-2030 to follow the 2023 approval of Wildhurst Forest through Amendment #8; and WHEREAS, on July 21, 2025, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning the Comprehensive Plan Amendment were given the opportunity to speak thereon; and WHEREAS, on July 21, 2025, the Planning Commission recommended approval of Amendment #8 as proposed; and 720 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7601 WHEREAS, on July 29, 2025, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of Orono, Minnesota hereby approves Amendment #8 based on one or more of the following findings of fact: FINDINGS OF FACT: This application was reviewed as Zoning File LA25-000029 (Comprehensive Plan Amendment #8). The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. With the adoption of the Plan, the City anticipated providing City sewer to the Development as the property is within the MUSA. The timing of the Development's approval in 2023, requires the City to update the Table to reflect the current decade the development. The City must address the administrative error on the Map showing the parcel as guided for Urban Estates Residential. The amendment are necessary changes to the Plan. 3. The City proposes to update the Map for to reflect the guidance for the Development from Rural Residential to Urban Estates Residential. The Plan currently guides the parcel as Urban Estates Residential, however the Map that misidentifies the parcel's density guidance. The Amendment #8 will resolve the error. 4. The City proposes to update the Table for the Development to update the development timing decade from 2031-2040 to 2021-2030 so it reflects the approval timing of Wildhurst Forest. 5. Together, the aforementioned changes will address the inconsistencies within the Plan to reflect the future development densities and timing within the city to ensure that sewer can be provided to environmentally sensitive properties around Lake Minnetonka. 6. The proposed changes will not reduce the City's requirement to provide 154 units of affordable housing, based on the number of acres guided for densities of 8 units per acre or greater (Comprehensive Plan Table 3B-4 "Planned Growth in Sewered Areas"). 721 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7601 7. The proposed changes maintain 3 units per acre within the sewered areas of the City and will not impact the overall density of the city as designated by the Metropolitan Council (Comprehensive Plan Table 3B-5 "Net Density by Land Use"). 8. The proposed changes meet the prescribed housing growth for the periods of 2021-2030 and 2031-2040 (Comprehensive Plan Table 3B-6 "Planned Development in MUSA Areas by Decade"). CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby approves Amendment #8 to the 2020-2040 Comprehensive Plan attached as Exhibit A and directs staff to submit the Amendment to the Metropolitan Council for approval. ATTEST: ADOPTED by the Orono City Council on this 28ffi day of July, 2025. CITY OF ORONO: Christine Lusian, City Clerk Bob Tunheim, Mayor vk*a AGENDA ITEM Date: July 28, 2025 Title: 2025 Expenditure Budget Overage Presenter: Maggie Jin, Finance Director Section: Finance Report Purpose: The purpose of this action item is to approve 2025 expenditure budget overages. Item: 12 2. Background: Staff presented the latest financial update at the July 14, 2025 council meeting. The comparison to budget was favorable with total expenditures coming in under budget and revenue exceeding budget in the General Fund. The City's budgetary control is set at the department level. Budget appropriation among line items within the department only needs staff s oversight. For any departmental total that are over budget, staff needs council approval for the overage. In the General Fund, Public Works tree repairs and maintenance is slightly overbudget at this point of the year. With summer only half way through, staff is anticipating more work is needed with within right-of-way, with Emerald Ash Boar (EAB) trees being one of the species. It is anticipated an additional $50,000 would suffice to cover the critical items this year. For this overage, contingency funds will cover part of the increase and remainder of the cost would be covered by any surplus in the General Fund. Fleet Services Fund is seeing an overage in vehicle equipment and parts and is anticipating another $40,000 needed for the year. Part of the overage is offset by revenue charged to other governmental entities, such as the City of Long Lake's fire department, for equipment and parts related to their vehicles. Tariffs and mid -year pricing increases are driving up the prices of parts, causing small purchases to add up more quickly. The remainder of the overage is from minor purchases for fire related vehicles that adds up quickly over time. Fleet Services Fund is a relatively new fund that is still being stabilized as true cost of funding fleet services is analyze each year with the budget process. IT Services Fund is also a relatively new fund that is still being implemented and stabilized. There are a few line items that costs were transitioned from other departments to track more efficiently within the fund. LOGIS bills were reviewed by Finance department within the last year with approximately $43,000 needed to cover the remaining 3rd and 4th quarter bills. Part of these bills were included within the General Fund police department's budget. Office equipment rental includes the copiers, folder inserter and postage machine leases. Actual amounts for the rentals are coming in over budget ($4,500) along with the addition of 2 small copier machines ($3,500). Software licensing and subscriptions for 2025 is all being tracked within IT Services Fund, with the exception of the Police department specific software and subscriptions. IT is anticipated that another $40,000 will be needed to cover the remaining dues. Future charges to each department serviced will be increased gradually overtime to offset prior and current year expenditures. 723 A breakdown is shown below: Fund - Department Line Item 2025 Budget Overage General Fund - PW Trees - $50 000 $50 000 Streets Repairs/Maintenance Fleet Services Vehicle Equipment and $50,000 $40,000 Parts IT Services Data Processing $45,000 $43,000 Communication IT Services Office Equipment Rental $20,000 $8,000 IT Services Software Licensing $160,000 $40,000 TOTAL $181,000 If the General Fund has surplus funds available, and meets the fund balance reserve policy, staff will evaluate areas needing additional funding through the audit process. It is then an option for surplus funds to be transferred from the General Fund to the Fleet and IT Services Funds, as these funds support General Fund departments and is used for general government purposes. Attached is the YTD expenditure of Public Works - Streets department, Fleet Services Fund and IT Services Fund as of 7/20/2025. 3. Staff Recommendation: Staff recommends approval of 2025 expenditure budget overages. COUNCIL ACTION REQUESTED Motion to approve 2025 expenditure budget overages. Exhibits A. Public Works - Street YTD Expenditure B. Fleet Services Fund YTD Expenditure C. IT Services Fund YTD Expenditure 724 CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 7 MONTHS ENDING JULY 31, 2025 GENERALFUND PERIOD YTD BUDGET UNEXPENDED PCNT PUBLIC WORKS DEPARTMENT 101-43000-101 FULL-TIME EMPLOYEES REGULAR 108,819.32 108,819.32 213,800.00 104,980.68 50.9 101-43000-102 FULL-TIME EMPLOYEES OVERTIME 5,755.00 5,755.00 11,000.00 5,245.00 52.3 101-43000-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0 101-43000-121 PERA 8,576.94 8,576.94 15,700.00 7,123.06 54.6 101-43000-122 FICA 8,251.65 8,251.65 17,200.00 8,948.35 48.0 101-43000-135 CITY BENEFIT CONTRIBUTION 16,358.78 16,358.78 37,000.00 20,641.22 44.2 101-43000-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0 101-43000-143 OPEB EXPENSE .00 .00 .00 .00 .0 101-43000-151 WORKER'S COMP INSURANCE PREM 4,500.00 4,500.00 9,000.00 4,500.00 50.0 101-43000-208 BOOKS & PERIODICALS .00 .00 .00 .00 .0 101-43000-212 MOTOR FUELS & LUBRICANTS 11,775.01 11,775.01 500.00 ( 11,275.01) 2355.0 101-43000-221 EQUIPMENT PARTS & ACCESSORIES 275.54 275.54 2,100.00 1,824.46 13.1 101-43000-222 VEHICLE EQUIPMENT & PARTS 27,035.46 27,035.46 .00 ( 27,035.46) .0 101-43000-224 STREET MAINT. MATERIALS/SUPPLY 27,651.97 27,651.97 87,550.00 59,898.03 31.6 101-43000-225 TREE MAINT. - MATERIALS/SUPPLY .00 .00 .00 .00 .0 101-43000-226 CLOTHING & PERSONAL EQUIPMENT 6,065.33 6,065.33 11,350.00 5,284.67 53.4 101-43000-240 SMALL TOOLS AND MINOR EQUIP 1,500.11 1,500.11 5,000.00 3,499.89 30.0 101-43000-304 PW ENGINEERING -CONSULTING 340.00 340.00 1,500.00 1,160.00 22.7 101-43000-305 GIS/MAPPING 1,048.50 1,048.50 1,000.00 ( 48.50) 104.9 101-43000-313 IT SERVICES 6,413.15 6,413.15 12,500.00 6,086.85 51.3 101-43000-314 FLEET SERVICES 76,000.00 76,000.00 152,000.00 76,000.00 50.0 101-43000-315 FACILITIES SERVICES .00 .00 .00 .00 .0 101-43000-319 PROFESSIONAL SERVICES 1,014.95 1,014.95 1,100.00 85.05 92.3 101-43000-321 TELEPHONE 3,803.00 3,803.00 4,800.00 997.00 79.2 101-43000-331 TRAVEL EXPENSES 526.40 526.40 .00 ( 526.40) .0 101-43000-340 GENERAL ADVERTISING 3,526.83 3,526.83 750.00 ( 2,776.83) 470.2 101-43000-381 GAS & ELECTRIC 2,060.61 2,060.61 6,500.00 4,439.39 31.7 101-43000-386 STREET LIGHTING 15,978.07 15,978.07 34,000.00 18,021.93 47.0 101-43000-402 REPAIRS/MAINT-AUTO EQUIP .00 .00 .00 .00 .0 101-43000-403 REPAIRS/MAINT-MISC. EQUIP .00 .00 10,000.00 10,000.00 .0 101-43000-404 REPAIRS/MAINT-BLDGS/GROUNDS 2,093.97 2,093.97 5,000.00 2,906.03 41.9 101-43000-405 TREE - REPAIRS/MAINT. 56,052.28 56,052.28 50,000.00 ( 6,052.28) 112.1 101-43000-408 CONTRACTED STREET MAINT. .00 .00 50,000.00 50,000.00 .0 101-43000-414 EDP/COMMUNICATIONS EQUIP RENT 1,587.30 1,587.30 1,200.00 ( 387.30) 132.3 101-43000-415 OTHER EQUIPMENT RENTALS .00 .00 4,000.00 4,000.00 .0 101-43000-416 SOFTWARE LICENSING .00 .00 .00 .00 .0 101-43000-433 MEMBERSHIPS 258.50 258.50 500.00 241.50 51.7 101-43000-437 TRAINING & DEVELOPMENT 5,118.93 5,118.93 4,000.00 ( 1,118.93) 128.0 101-43000-441 LICENSES & TAXES 174.28 174.28 50.00 ( 124.28) 348.6 101-43000-489 OTHER MISCELLANEOUS CHARGES 1,042.44 1,042.44 1,000.00 ( 42.44) 104.2 101-43000-590 STREET CONSTRUCTION .00 .00 .00 .00 .0 TOTAL PUBLIC WORKS DEPARTMENT 403,604.32 403,604.32 750,100.00 346,495.68 53.8 TOTAL FUND EXPENDITURES 403,604.32 403,604.32 750,100.00 346,495.68 53.8 NET REVENUE OVER EXPENDITURES (403,604.32) ( 403,604.32) ( 750,100.00) ( 346,495.68) ( 53.8) FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 07/23/2025 10:58AM PAGE:1 725 CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 7 MONTHS ENDING JULY 31, 2025 FLEET MANAGEMENT FUND PERIOD YTD BUDGET UNEXPENDED PCNT 701-49800-101 FULL-TIME EMPLOYEES REGULAR 93,381.16 93,381.16 180,900.00 87,518.84 51.6 701-49800-102 FULL-TIME EMPLOYEES OVERTIME 63.42 63.42 1,000.00 936.58 6.3 701-49800-103 PART-TIME EMPLOYEES .00 .00 .00 .00 .0 701-49800-121 PERA 7,008.35 7,008.35 13,650.00 6,641.65 51.3 701-49800-122 FICA 6,590.19 6,590.19 13,950.00 7,359.81 47.2 701-49800-135 CITY BENEFIT CONTRIBUTION 7,702.80 7,702.80 33,650.00 25,947.20 22.9 701-49800-151 WORKER'S COMP INSURANCE PREM 4,550.00 4,550.00 9,100.00 4,550.00 50.0 701-49800-212 MOTOR FUELS 5,626.82 5,626.82 7,500.00 1,873.18 75.0 701-49800-213 LUBRICANTS 7,705.99 7,705.99 10,000.00 2,294.01 77.1 701-49800-215 SHOP SUPPLIES 9,420.87 9,420.87 15,000.00 5,579.13 62.8 701-49800-221 EQUIPMENT PARTS & ACCESSORIES 17,347.48 17,347.48 50,000.00 32,652.52 34.7 701-49800-222 VEHICLE EQUIPMENT & PARTS 60,815.08 60,815.08 50,000.00 ( 10,815.08) 121.6 701-49800-226 CLOTHING & PERSONAL EQUIPMENT 981.92 981.92 1,500.00 518.08 65.5 701-49800-240 SMALL TOOLS AND MINOR EQUIP 19,094.37 19,094.37 23,000.00 3,905.63 83.0 701-49800-313 IT SERVICES 5,000.00 5,000.00 10,000.00 5,000.00 50.0 701-49800-315 FACILITIES SERVICES .00 .00 .00 .00 .0 701-49800-319 PROFESSIONAL SERVICES 362.87 362.87 .00 ( 362.87) .0 701-49800-321 TELEPHONE 270.27 270.27 .00 ( 270.27) .0 701-49800-340 GENERAL ADVERTISING .00 .00 .00 .00 .0 701-49800-402 REPAIRS/MAINT-AUTO EQUIP 4,355.79 4,355.79 20,000.00 15,644.21 21.8 701-49800-403 REPAIRS/MAINT-MISC. EQUIP 5,222.90 5,222.90 10,000.00 4,777.10 52.2 701-49800-416 SOFTWARE LICENSING .00 .00 .00 .00 .0 701-49800-433 MEMBERSHIPS 258.50 258.50 .00 ( 258.50) .0 701-49800-437 TRAINING & DEVELOPMENT 615.00 615.00 1,200.00 585.00 51.3 701-49800-441 LICENSES & TAXES 162.97 162.97 200.00 37.03 81.5 701-49800-720 OPERATING TRANSFERS .00 .00 .00 .00 .0 TOTAL FLEET SERVICES 256,536.75 256,536.75 450,650.00 194,113.25 56.9 TOTAL FUND EXPENDITURES 256,536.75 256,536.75 450,650.00 194,113.25 56.9 NET REVENUE OVER EXPENDITURES (256,536.75) ( 256,536.75) ( 450,650.00) ( 194,113.25) ( 56.9) FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 07/23/2025 10:57AM PAGE:1 726 CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 7 MONTHS ENDING JULY 31, 2025 IT SERVICES PERIOD YTD BUDGET UNEXPENDED PCNT 710-49970-101 FULL-TIME EMPLOYEES REGULAR 93,286.56 93,286.56 172,150.00 78,863.44 54.2 710-49970-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 1,000.00 1,000.00 .0 710-49970-121 PERA 6,996.49 6,996.49 13,000.00 6,003.51 53.8 710-49970-122 FICA 7,167.49 7,167.49 13,250.00 6,082.51 54.1 710-49970-135 CITY BENEFIT CONTRIBUTION 18,417.56 18,417.56 31,600.00 13,182.44 58.3 710-49970-151 WORKER'S COMP INSURANCE PREM 350.00 350.00 700.00 350.00 50.0 710-49970-221 EQUIPMENT PARTS & ACCESSORIES 5,963.91 5,963.91 30,000.00 24,036.09 19.9 710-49970-311 DATA PROCESSING COMMUNICATION 42,178.40 42,178.40 45,000.00 2,821.60 93.7 710-49970-315 FACILITIES SERVICES .00 .00 .00 .00 .0 710-49970-319 PROFESSIONAL SERVICES 201.33 201.33 .00 ( 201.33) .0 710-49970-321 TELEPHONE .00 .00 .00 .00 .0 710-49970-329 INTERNET/OTHER COMMUNICATIONS 6,776.31 6,776.31 15,000.00 8,223.69 45.2 710-49970-331 TRAVEL EXPENSES .00 .00 1,000.00 1,000.00 .0 710-49970-401 REPAIRS/MAINT-OFFICE EQUIP 18,349.06 18,349.06 30,000.00 11,650.94 61.2 710-49970-413 OFFICE EQUIPMENT RENTAL 15,011.80 15,011.80 20,000.00 4,988.20 75.1 710-49970-416 SOFTWARE LICENSING 177,477.32 177,477.32 160,000.00 ( 17,477.32) 110.9 710-49970-437 TRAINING & DEVELOPMENT .00 .00 .00 .00 .0 710-49970-489 OTHER MISCELLANEOUS CHARGES .00 .00 .00 .00 .0 710-49970-575 IT HARDWARE & APPLICATIONS 22,832.33 22,832.33 20,000.00 ( 2,832.33) 114.2 TOTAL IT SERVICES 415,008.56 415,008.56 552,700.00 137,691.44 75.1 TOTAL FUND EXPENDITURES NET REVENUE OVER EXPENDITURES 415,008.56 415,008.56 552,700.00 137,691.44 75.1 (415,008.56) ( 415,008.56) ( 552,700.00) ( 137,691.44) ( 75.1) FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 07/23/2025 10:59AM PAGE:1 727 AGENDA ITEM Date: July 28, 2025 Title: Purchase Park Signs Presenter: Joe Ruthenberg, Superintendent - Parks, Facilities Section: Parks Report Purpose: To approve the purchase of new park signs. Item: 13 2. Background: Over the past several years, the Parks Department has been working to systematically upgrade park signage throughout the city. In the 2024 CIP, $25,000 was allocated for the replacement of six park signs. Per Council direction, staff obtained updated quotes for both the six signs originally identified for replacement this year and for an additional five signs that have yet to be upgraded. 3. Summary: The quote for purchasing the originally planned six park signs is $15,320, including sign posts and delivery. The expanded quote for purchasing all eleven park signs is $27,995, also including sign posts and delivery. 4. Cost: 6 signs, posts and delivery $15,320 or 11 signs, posts, and delivery $27,995 5. Funding: The park signs will be funded through the park fund. The signs were identified in the Capital Improvement Plan (CIP) for $25,000. 6. Staff Recommendation: Staff recommends that council review the two proposals for purchasing new signs and vote to approve one of the proposals. COUNCIL ACTION REQUESTED Motion to approve the purchase of park signs from Vacker Signs for either six signs or eleven signs. Exhibits A. Vacker Estimate 6 Signs B. Vacker Estimate 11 Signs C. Orono Design Proposal Examples 728 ESTIMATE Vackerinc. 948 Sherren St. W. Roseville, MN 55113-4420 City of Orono Bill to Joe Ruthenberg Parks & Facilities Superintendent 365 Old Crystal Bay Road North Orono MN 55356 952-249-4684 jruthenberg@oronomn.gov Estimate details Estimate no.: 7622 Estimate date: 06/23/2025 It Product or service ckrie le m 14"A"i VAC K E R SI GN g r@vack i n. ers g co +1 (651) 487-3100 SIGNS FOR PARKS AND TRAILS Sales Rep: Nicholas Kriegler Description 1. Routed Plastic single -sided >16 sf logo 38.75"Hx95.57"W Routed single -sided bi- panel insert color HDPE (dark woods green / tan / dark woods green) sign panel with printed TUFF COVER logo insert. Panel length includes 2" mount extensions, if desired. 2. Recycled plastic Posts 66-8' Set of two Wx6"x8' Reinforced recycled plastic lumber posts (cedar) with tapered top and routed slot to accept sign panel extensions. 3. 24RPSShip.Freight.NoSpecialServices Shipping by freight to location with off- loading capabilities (forklift or loading dock) and no special services (Ex. appointment, or limited access. Lift gate services typically adds $70). Total Note to customer Thank you for the opportunity to provide you with a proposal. Feel free to get back to me with any questions, requested revisions, or if you'd like to proceed with the order. If you'd like to proceed as proposed, PLEASE SIGN OFF AND RETURN as an acknowledgement of the proposed details, including shipping contact and address. Have a great day, Vacker Sign Ship to City of Orono 2750 Kelley Pkwy Orono, MN 55346 Qty 0 Rate Amount $1,630.00 $9,780.00 6 $890.00 $5,340.00 1 $200.00 $200.00 $15,320.00 729 Accepted date Accepted by 730 ESTIMATE Vackerinc. 948 Sherren St. W. Roseville, MN 55113-4420 City of Orono Bill to Joe Ruthenberg Parks & Facilities Superintendent 365 Old Crystal Bay Road North Orono MN 55356 952-249-4684 jruthenberg@oronomn.gov Estimate details Estimate no.: 7621 Estimate date: 06/23/2025 It Product or service ckrie le m 14"A"i VAC K E R SI GN g r@vack i n. ers g co +1 (651) 487-3100 SIGNS FOR PARKS AND TRAILS Sales Rep: Nicholas Kriegler Description 1. Routed Plastic single -sided >16 sf logo 38.75"Hx95.57"W Routed single -sided bi- panel insert color HDPE (dark woods green / tan / dark woods green) sign panel with printed TUFF COVER logo insert. Panel length includes 2" mount extensions, if desired. 2. Recycled plastic Posts 66-8' Set of two Wx6"x8' Reinforced recycled plastic lumber posts (cedar) with tapered top and routed slot to accept sign panel extensions. 3. 24RPSShip.Freight.NoSpecialServices Shipping by freight to location with off- loading capabilities (forklift or loading dock) and no special services (Ex. appointment, or limited access. Lift gate services typically adds $70). Total Note to customer Thank you for the opportunity to provide you with a proposal. Feel free to get back to me with any questions, requested revisions, or if you'd like to proceed with the order. If you'd like to proceed as proposed, PLEASE SIGN OFF AND RETURN as an acknowledgement of the proposed details, including shipping contact and address. Have a great day, Vacker Sign Ship to City of Orono 2750 Kelley Pkwy Orono, MN 55346 Qty 11 Rate Amount $1,630.00 $17,930.00 11 $890.00 $9,790.00 1 $275.00 $275.00 $27,995.00 731 Accepted date Accepted by 732 VACKERSIGN Vackersign.com Wi SIGNS FOR PARKS AND TRAILS nkriegler@vackersign.com Page 1 Orono 3/4" Thick Plastic Single -sided Darkwoods Green / Tan / Darkwoods Green" Flat -Routed Quantity: 1 *Digital representation of color is approximate. Contact us for a material color sample if needed 38.75" V-Grooved Park Name and In -Line 91.57 " (visible) 95.57" PiT.-Mi EXPANSION AND CONTRACTION I HDPE sign board should be allowed to move freely with expansion and contraction. Any thru holes should be oversized by 1/8"-1/4" and care should be taken to not over -tighten fasteners. 733 NACKERSIGN Vackersign.com V/SIGNS FOR PARRS AND TRAILS nkriegler@vackersign.com Orono 3/4" Thick Plastic Single -sided Darkwoods Green / Tan / Darkwoods Green" Flat -Routed Quantity: 1 *Digital representation of color is approximate. Contact us for a material color sample if needed 38.75" V-Grooved Park Name and In -Line 91.57 " (visible) 95.57" Page 2 16T.-Mi EXPANSION AND CONTRACTION I HDPE sign board should be allowed to move freely with expansion and contraction. Any thru holes should be oversized by 1/8"-1/4" and care should be taken to not over -tighten fasteners. 734 NACKERSIGN Vackersign.com V/SIGNS FOR PARRS AND TRAILS nkriegler@vackersign.com Orono 3/4" Thick Plastic Single -sided Darkwoods Green / Tan / Darkwoods Green" Flat -Routed Quantity: 1 *Digital representation of color is approximate. Contact us for a material color sample if needed 38.75" V-Grooved Park Name and In -Line 91.57 " (visible) 95.57" Page 3 16T.-Mi EXPANSION AND CONTRACTION I HDPE sign board should be allowed to move freely with expansion and contraction. Any thru holes should be oversized by 1/8"-1/4" and care should be taken to not over -tighten fasteners. 735 NACKERSIGN Vackersign.com V/SIGNS FOR PARRS AND TRAILS nkriegler@vackersign.com Orono 3/4" Thick Plastic Single -sided Darkwoods Green / Tan / Darkwoods Green" Flat -Routed Quantity: 1 *Digital representation of color is approximate. Contact us for a material color sample if needed 38.75" V-Grooved Park Name and In -Line 91.57 " (visible) 95.57" Page 4 PiT.-Mi EXPANSION AND CONTRACTION I HDPE sign board should be allowed to move freely with expansion and contraction. Any thru holes should be oversized by 1/8"-1/4" and care should be taken to not over -tighten fasteners. 736 NACKERSIGN Vackersign.com V/SIGNS FOR PARRS AND TRAILS nkriegler@vackersign.com Orono 3/4" Thick Plastic Single -sided Darkwoods Green / Tan / Darkwoods Green" Flat -Routed Quantity: 1 *Digital representation of color is approximate. Contact us for a material color sample if needed 38.75" V-Grooved Park Name and In -Line 91.57 " (visible) 95.57" Page 5 PiT.-Mi EXPANSION AND CONTRACTION I HDPE sign board should be allowed to move freely with expansion and contraction. Any thru holes should be oversized by 1/8"-1/4" and care should be taken to not over -tighten fasteners. 737 NACKERSIGN Vackersign.com V/SIGNS FOR PARRS AND TRAILS nkriegler@vackersign.com Orono 3/4" Thick Plastic Single -sided Darkwoods Green / Tan / Darkwoods Green" Flat -Routed Quantity: 1 *Digital representation of color is approximate. Contact us for a material color sample if needed 38.75" V-Grooved Park Name and In -Line 91.57 " (visible) 95.57" Page 6 PiT.-Mi EXPANSION AND CONTRACTION I HDPE sign board should be allowed to move freely with expansion and contraction. Any thru holes should be oversized by 1/8"-1/4" and care should be taken to not over -tighten fasteners. 738 NACKERSIGN Vackersign.com V/SIGNS FOR PARRS AND TRAILS nkriegler@vackersign.com Orono 3/4" Thick Plastic Single -sided Darkwoods Green / Tan / Darkwoods Green" Flat -Routed Quantity: 1 *Digital representation of color is approximate. Contact us for a material color sample if needed 38.75" V-Grooved Park Name and In -Line 91.57 " (visible) 95.57" Page 7 PiT.-Mi EXPANSION AND CONTRACTION I HDPE sign board should be allowed to move freely with expansion and contraction. Any thru holes should be oversized by 1/8"-1/4" and care should be taken to not over -tighten fasteners. 739 NACKERSIGN Vackersign.com V/SIGNS FOR PARRS AND TRAILS nkriegler@vackersign.com Orono 3/4" Thick Plastic Single -sided Darkwoods Green / Tan / Darkwoods Green" Flat -Routed Quantity: 1 *Digital representation of color is approximate. Contact us for a material color sample if needed 38.75" V-Grooved Park Name and In -Line 91.57 " (visible) 95.57" Page 8 PiT.-Mi EXPANSION AND CONTRACTION I HDPE sign board should be allowed to move freely with expansion and contraction. Any thru holes should be oversized by 1/8"-1/4" and care should be taken to not over -tighten fasteners. 740 NACKERSIGN Vackersign.com V/SIGNS FOR PARRS AND TRAILS nkriegler@vackersign.com Orono 3/4" Thick Plastic Single -sided Darkwoods Green / Tan / Darkwoods Green" Flat -Routed Quantity: 1 *Digital representation of color is approximate. Contact us for a material color sample if needed 38.75" V-Grooved Park Name and In -Line 91.57 " (visible) 95.57" Page 9 16T.-Mi EXPANSION AND CONTRACTION I HDPE sign board should be allowed to move freely with expansion and contraction. Any thru holes should be oversized by 1/8"-1/4" and care should be taken to not over -tighten fasteners. 741 NACKERSIGN Vackersign.com V/SIGNS FOR PARRS AND TRAILS nkriegler@vackersign.com Orono 3/4" Thick Plastic Single -sided Darkwoods Green / Tan / Darkwoods Green" Flat -Routed Quantity: 1 *Digital representation of color is approximate. Contact us for a material color sample if needed 38.75" V-Grooved Park Name and In -Line 91.57 " (visible) 95.57" Page 10 16T.-Mi EXPANSION AND CONTRACTION I HDPE sign board should be allowed to move freely with expansion and contraction. Any thru holes should be oversized by 1/8"-1/4" and care should be taken to not over -tighten fasteners. 742 NACKERSIGN Vackersign.com V/SIGNS FOR PARRS AND TRAILS nkriegler@vackersign.com Orono 3/4" Thick Plastic Single -sided Darkwoods Green / Tan / Darkwoods Green" Flat -Routed Quantity: 1 *Digital representation of color is approximate. Contact us for a material color sample if needed 38.75" V-Grooved Park Name and In -Line 91.57 " (visible) 95.57" Page 11 PiT.-Mi EXPANSION AND CONTRACTION I HDPE sign board should be allowed to move freely with expansion and contraction. Any thru holes should be oversized by 1/8"-1/4" and care should be taken to not over -tighten fasteners. 743 AGENDA ITEM Date: July 28, 2025 Title: Council Committee and Board Reports Presenter: Adam Edwards, City Administrator / Engineer Section: Council Committee Reports Item: 14 1. Purpose: The purpose of the agenda item is for Orono council members to update one another on recent council committee or board meetings. 2. Last Meeting: A. The Orono Police Commission met on July 16th. 3. Members: A. Orono Police Commission • Council Members. Bob Tunheim and Jacqueline Ricks • City Staff Members. Chief Correy Farniok, Deputy Chief Tony Wittke, Investigative Sgt. Tim Sonnek City Administrator Adam Edwards, Finance Director Maggie Jin • Other Member Entities. City of Mound, City of Spring Park and City of Minnetonka Beach COUNCIL ACTION REQUESTED Discussion item - no formal action required. 744