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ORDINIINCI�; NO. 15,�
11N OItDIN11NC1, 12EGLJLII`1'IrdG 'L'IIT', [J51: OF�' SNO6�1M�)13IL1;S ,
M07'C�RC1'CLLS , MO'1'OIZ SCOO`1'I;RS � MO`1'OR13I}:3;5 , I�ilN1—
F3IY.ES ��ND OTIt1;R RP.CF.T'T�`1'IOI1l�l� �9C)`1'OI: Vl,]II(:L}�,S ON
PUI3LIC LAidDS W7`I'tIiI1 '1'III; VIL1�l�G1; 03� U1?O�IO, PRO—
VIDlI�G REGULATIOid l�OR 7'[II, USl; `l'lIL1lI,OT� 11Nll
PENIILTIES L'OR VIOLJI`1�ror� `I'lt)�;121�;C)I�' , 11I�1LNllING
S�C`I'ION 54 . 110 , OF 'PII}�, D1UN1<_'=1 PJ1l, COD1�; OI' T1I1,
VTL1,11GE OF URONO 11Nll l3Y 11ll1)I NG 11 CII71F'`1'I_:1Z 55
TIIER�TO.
TIIF VILL7IGI, COUNC] L Oi� O]lUt�dO URll11TNS :
Section ]. . Scction 54 . 110 of f_hc Munici �al. Code of
th� Village of Orono is amencaeci a�> f�l] ows :
Section 54 . 1]_0 . Operation c�c�>>��r�i] ]_y_ Fxrept as
otherwise spccifical.]_y pc�rmittcci ���icl r�i�t.}iori�c�cl , it i� unlaw-
ful_ for any person to o��er��te a snowin��l�i_lc wit:liin t}ie limits
of the Village of Orono : , ,
' (a) On a public siclewalk or w��]_kway provided
or used for pec7esi:.r.ian t�-avcl . •
, (b) On priv�t:e prol�crt.y of anot]ie�� without
, lawful authoriiyo ur canscni.: of the owner
or occuPant�.
(c) On any publ.icly owned 1<�nds and frozen waters ,
including l�ut not ]_imi t�cl i-.o :;chool grounds ,
park property, play��raunc�s , recr.eation areas ,
private roads , platt=ec3 hui: unopenecl r_oads ,
utility easemeni:s , public ;�rails anu golf
courses , except areas previausly listec� or
authorized ancl postcc� f or sueh use by th�
proper public author_it.y. Tn the event such
use is permitted }�y Posl.inq , snowmo}�iles
shal]_ be driven in �znd out of sucli arcas by
the shortest rotite. 1luthorizccl areas in ttie
Village of Orono owned ]�y the Villac�e shall
be designated by counri]. resolution.
(d) At any place , while undcr_ the influence of
intoxicating liquor or narcotic:� or habii�
forming ciru<�s .
f
.
� (e) 11t a ratc of s�eccl <frc�.�ic�r tl�an rcasonahle
or proper uncler all the surz�oundinq circum-
stances .
(f) nt any �lace in a carcicss , rccklcss or
nec�ligent manner_ sa as to endancJcr the
�erson or �roperty of anotli�r or t=o cause
injury or dam�zqe tlierei�o.
(g) So as to tow any ��er_son or thing on a public
street or highway exccpt througll use of a
rigid tow bar attac3iccl to i�he rear of the
snowmobile .
(h) 11t a speed greater_ than tcn miles an hour
when wii�hin 100 fect of any ]_ake��hore, except
in channels , or of fisher_m�n , ice house, or
skating ri.nks , nor sliall oF�cr�tion be permitted
, within 100 feet of any sJ_icl:ing ar.e�� , nor where
- the operatioil woul�l conf_]_ict with the lawful
use of property or woulcl cndangc�.r other persons
or property.
(i) In a manner so as to cr_e�te a .loud , unnecessary
or unusual noise wliicli c3istti.rl_�s , annoys or
interferes with th� pc��ec� ��nd qiiiet of oth�r.
�>ersoils .
�j ) Durinq thc ]���ur_s fr�m ] 1 : �0 ��.m. > to 7 :00 a.m.
of any �lay ,
Section 2 . The Municipa_l Code of the Village of
Orono is amended by adding a Chaptcr_ 55 as follows :
Chapter 55 . Motorcycles , Motor Scoote.rs ,
Motorbikes , P�Iinibikes and .Other Recreational
Motor Driven Ve}zic]_es .
55 . 01.0 . Definitions .
(a) Motorcycle . _
"Motorcyc]_e" means evexy self pr.oi�ellec�
motor vehiele havinc{ a sadcl]_e or seat for
the use o� the operator or ��assenc�er and
� designed to travel on not �nore th�n three
wheels in contact with th� ground , whether
or not desic�ned for_ use on streets and
highways including moLor scooters , motor-
bikes , and minibikc�s .
�
� (b) Other Recreational Motor Vehicles.
"Other recreational motor vehicles means
all ot�er self-propelled motor vehi_cles
or machines, except devi_ces moved by human
power whether or not de��iqn�d for use on .
streets and hi.c�hways, and cxcept other
motor vehicles specific��]_Yy regulated by
other ordinances of_ the Village of Orono.
55 . 100. Operation Generally. I:xcept. as otherwise
specifically permitted and authorized , �it is unlawf_ul f_or any
person to oper_ate a motorcycle or other recreational motor
vehicle within the limits of the Village of_ O�ono:
(a) On a public sidewalk or walkw�y provided
or used for pedestrian t.ravel .
(b) On private pronertyo uf_ ano�hcr wi.thout lava-
� ful authority or consenL of_ the owner or
occupant.
(c) On any publicly owned lancls and frozen
waters, includincj hut not ]_im.itcd to school
grounds, park property, playc�rouncls , reerc-
ation areas, private roads , p7.a�l-.t�cci but
�anopened roads , ui�ility caserneni.s, puLlic
trails and golf_ courses , exr.cPt ar_eas Pre- •
viously listed or author_ i_zcd and posted for
• such use by the pr_o��er_ �.>izl�li.c <.tlit}iorit=v. In
the event such use is pc�r_mii�ted by postine�,
motorcycles, and other recrcational motor
vehicles shal7. be driven i.n and out of_ such
areas by the shortest route. �luthorized
areas in the Village of- Orono owned by the
Village shall he desic�nated hy council
resolution.
(d) At any place, whi le t�ndrr. the inf).uence
of i.ntoxicatinq liquor or_ n�r.cotics or
habit forming dr_ugs .
(e) At a rate of_ speed gre�tcr than r_casonable
or proper under all the sur_rounding circumstances .
(f) At any place in a careJ_ess , rec�;lesS or
negligent manner so as to endanc�er_ the person
or property of another or to caus�c injury or
damage i�hereto.
(g) At a speed greater_ than i�en mi].es an hour
when within 100 f_eet of any lakeshore, except
� in channels, or of f_isherman, ice house,
or skating rinks , nor shall operai�ion be
� permitted within ]_00 f_eet of any slid:i_ncJ
or other recreaL-zonal arca, r�or_ wherc thc
operation would con.f__lict witli the 1_aw.f:ul
use of property or �aould enaanqer. other_
persons or property.
(h) In a manner so as to cr_eate a loud, un-
necessary or unusual noise ��hich disturbs ,
annoys or interferes wi�.h thc peace and
quiet of other persons.
(i) During the hours from 11 : 00 p.m. to 7 : 00
a.m. of any day when not on a public street
or highway.
55 . 1_10 . Operation on Streets and Iiighways. Moi�orcycles
may be operated on streets and }iighway�; within t11e Village of_
Orono only as authorized and regulated by i�}ic statutes, the
State of Minnesota, and any use not so aut}�iorizec� i.s prohibited.
55 . 200. Chasinq 7�nimals Forhidden . It is unlaw.f_ul
to intentionally drive, chas�, run ovcr or- kill any animal ,
wild or domestic, with a motorcycle or other recr_eational
motor vehicle.
' 55 . 300 , O��.mer Respor.�;ible. 11 rc�c�istcred owiier of
any motorcycle or other recreatiorial motor vehicle shall. b� �
subject to a penalty of up to $300. 00 if, upon co�n��laint of
the owner or occupant of land wi. L-hin i�he Vi.].l.aqe of Orono or
a law enforcement officer, z vcr.dict is r.endered tl�at a
motorcycle or other recreational motor vc:hi_c1_e bcarinq his
registration number was operated or observed upon such land
or in a prohibited area, without a showi_ng hy sucli registered
owner that the permi.ssion of th� owner or occupani� tY:ereof
had b�en obtained, or upon a verdict that a moi�orcycle or
other recreational vehicle beari.nq his rec�i_strati_oil number.
was operated at a prohihited timc . Lack of ncrmission f_or
the use o.f such a vehicle sha11 not he a defense to such an
action unless the vehicle sha11 have been r�portcd stolen to
a law enf-orcement agency.
55. 400. Viol�tions . Every F�ersc>>z convi.ct:i�d of a
violation of any of thc provi:,�ions of i.his Ordin��ncc s1z�11
be guilty of a misdemc�anar and punishec� 1�y a finc� �f not
more i.han $30U . 00 or. by impris,oiimeni� for <-� peri.od c�f- not
more than 90 days or_ boi.11, }.�ut iii eil:tier c��5e i�he cc�sts of
prosecution rnay be addecl,
a
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, 55 . 500. Seve.r.ahi.lit_y. Shou]_d any sccL-.i.c>n, siibdivi.s.ion,
clause or other prov�sion o F tlii_s nrcli.nance }.�c h��J d to }�e iiz-
valic� by a eourt of -c:om�>etent -jtiri_scliction, sueh deeisic>n sh�zl].
not affect the validiiy of_ tlie Orclinance as a whole , or of_ any
part thereof_ , oth�r tliar� i:he ��ari� thcl.d to l�e inval_.i d.
Secti.on 3. '.I'his Orc�in�ance shail be publ� shed in the
Mound Westonk� Minneton}:a Swi anc� shall be effective immediately
upon publicati_on.
Adopted by the Villac�e Counci]_ of the Vi_llac�e of_ Ororlo
the 27th day of August, 1973, by a vote of- 3 ayes and 0 nays.
s I.ou�_� O}>erhauser_
T�ouis (-iberhauscr, Mayor
/s/ James Cosby
James Cosby
Clerk-Administr_ator
�. .
Published in the Mound-Wcst �ronk�� Sun
on the 6th day of Septeml�c�r_ , ]_973 .
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VILLAGE OF ORONO . , . -� `'-�� ��,, 1 ��``
� � �;.�,
ORDINANCE NO. 152 �;, "
„<<+�-
, AN ORDINANCE REQUIRING HOOK UP TO SANITARY
• ' SEWER FACII�ITIES, AMENDING THE MUNICIPAL
CODE OF THE VILLAGE OF ORONO BY REPEALING
' • SECTIONS 25.135 AND 25.161, BY ANlENDING
. � SECTION 25.160 AND BY ADDING A SECTION
� • THE VILLAGE COUNCIL OF ORONO ORDAINS:
Section 1. Sections 25.135 and 25.161 of the
• Municipal Code of the Village of Orono are hereby repealed.
' Section 2. Section 25.160 of the Municipal Code
. of the Villac� of Orono is amended to read as follows:
. 25. 160. Connection to Sewer Required. The owners
• of all houses, buildings or improved properties where public
sewer was available as of July 1, 1968, shall connect to said
public sewer not later than December 31, 1969 . The owners of
all houses, buildings or improved properties where public
� sewer becomes available after July 1, 1968, shall conr�ect to
said public sewer within 16 months after the sewer has become
available.
Section 3. The Municipal Code of the Village of
Orono is amended by adding a new 5ection 25. 161 as follows:
25.161. Deferment. Any person previously granted
_ a deferment of the time to connect to the sanitary sewer system,
which deferment was ended with the repeal of the previous section
25.161 shall have 16 months from August 27, 1973 to make con-
, nection to the sanitary sewer system where available.
, Section 4. This ordinance shall be published in the
� Mound-Westonka Minnetonka Sun and shall be effective immediately
• upon publication.
Adopted by the Village Council of the Village of
Orono the 27th day of August, 1973, by a vote of 3 ayes and
0 nays.
' /5/ Louis Oberhauser, Ma or
Attest:
.
/S/ James Cosby
Clerk-Administrator
Published in the Wayzata-Orono Sun
on the 30th day of August, 1973.
ORDINIINCE NO. ]_5 3
AN ORDIN7INCE TO EX'I'END 'I'}I(; 1;X}'-IIt71`i'1nN D7�'P1. OF
THE MOR7ITORIUM ON GIZIINTINC� (�}�' L'U7LUTNG T'1;P.MI'I'S,
RrZONING APPLIC11T10NS , CONllI`1']:()N71L OR SP1,CI71L
USE PERMITS, VARTANC7:S OIZ C)'1'IiE12 711J`i'IIOIZ�C'J'Y FOR
ADDI`PIONAL DEVELOPML;NT 11� DL:�CT:II�LD IN 012llIN11NC�
NO. 149 . '
THE VILLAGE COUNCIL OI, ORONO 0[ZI�7I;INS :
Whereas , the Village of Orono� Y��ls been c�clayed in completing
an overall comPrehensive land use plan for i;he Vill��c�c including
proposed amendments to the zoning code , 4�}ii_ch will now be ready
for public hearings prior to December. , ]_973 , and }�ecause the
process of completing and ado�.�ting a com��rehensi.ve �lan and zoning
code amendment cannot be acco�riF�lished ur�i-il numcrous detailed
studies including studies wh� ch wi_11 i.m�>.l r;m�:nt t}ie co�n�rehensive
plan such as the storm water plan have heen comp_leted and. hearings
he]_d, and
Whereas , the Council r_eaf.f-ir_ms the )1CCC55].t�7 and urgenc_y to
retain the moratorium �o eontro]_ develc>Pmeiit durinc� the interim period
so that the benefits of pr_o��er planninc� wi_11 not be lost , to prevent
the commingling of incompatible uses and i�<� ��re�;erve thc status quo
pending adoption of these measures so th��t t}�e Village will not be
impaired in its ability i�o ef-.f-c�ci�uate thc� Purpor�c:� and qoals of
these planning efforts , as set f_orth in Urui.nance 149 , and it
therefore adopts this extension of the morator_ium,period.
Section l . The Municipal Codc� of. the Vi].lage of_ Orono
is amended by amending Section 4 of- Ordi_n��nce No. .149 as follows :
"5ection 4 . Duration. This ord=inance sh��ll expire
December 31, 1973� withoui� Council acti.on, or it may be repealed
earlier if the Council determines that the requisite studies have
been completed and adopted and that appropriate evaluation and
action, including any necessar.y revision:-� of the zoning code, have
been f_inalized. "
Section 2 . �.P}71S Ordiriance shr�]_1 he puhlished in Mound-
West Tonka Minnetonka Sun and shall. he effective upon publication.
Passed by the Or_ono Counci_1 tliis 2��h day of September,
1973, by a vote of 5 ayes and 0 nayes .
/s/ I,oui., 13. Oherhauser
Louis L'. Ol�crhtiu:;er, Mayor
Attest:
/s/ James W. Cosby
James W. Coshy, 1ldministrator
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ORDINZINCF NC). 7_54
AN ORDINANCE REGUI,I�TING SKI 11f21�,11�� 13Y 71DD1NG
A CHAPTLR 69A TO `i'I�L MUN1C].J'111, COI)]� OI' ORONO •
THE VILLAGE COUNCIL OI� ORONO OT2D11INS :
Section 1_ . The Muni.cipal Co��c of the Village
of Orono is amended by adcling Chal�ter 691�, regulating
ski areas , as follows :
69A. SKI AI2LIIS
69A. 010 . Definitions.
(a) Person - any individual , partnership,
corporation, firm, company , association ,
society, or group;
(b) Ski Area - a designated picce of l.and ,
including any and all }�uildii7gs ancl re-
7.atec3 stru�turc-�s th�r_eon, ���h� ch is kept,
tzseci, mai.ni �z ���c.�z, �:�civc•:�'I :i ;,c_��! ;.35 , �r
held out to the publ_ic as an arca prim-
arily for t}iosc secki_nq 1-ccr.cai�a_on in
tYle form of s}�iing .
69A. 020. License Re uq ired. No person sha11 keep,
offer for use, maini.ain or_ operate a ski area within
the Village without being licensed under this chapter.
69A. 030. Application and Isstzance of Licensc�.
�1ny person may apply in writinc� to the Villaqe Clerk
for a license under this chapter , designati_ng the place
where the business is to be car_ri c�cl oiz an�l �z plail of_
operation which must inclucle hours of operaL-ion, iriiniinuii�
number and ea�aeity of per_ :>onnel r�c�uirecl , i:ype anc3
location of all �c�uip�nent us�cl, loca tion �f s)�i runs ,
, placement of all safety device�� or structures , and the
name of the individual rc>s��onsible for tlze managernent of
the area. Such applicati_on sliall ue signec� r�y the appli-
cant (s) and bc accompanicc� by tli� rectui.rcc� fc� ancl a
� certificate sic�ned by an auttiorizec7 engineer :.;Lat.ing that
trie ski area and all ski ec�uipn�er,L and st=ructures thereon
comply with thc� stanaard� of safety esi��.�blished by the
� National Ski I�reas Association. '` '
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The Villaqe Clerl: shall present such application
to the Council and the Council shall , at the same or
any subsequent meeting, pass upon such application
and may in its discretion aut}iorize the issuance of
suc:h license to the applicant, sul�ject to such condi-
tions as the Council may deem n�cessary and expedient
for the protection of the heal tli anc� c��neral welfare
of the Village.
69A. 040. License I'ee and '1'erm. License fees shall
be $100 per year, expir.ing on Sept.ernb�r 30 of each year.
Requests for ren�wal of. a license under �his chapter
must be accom�anied by an up to c�ate certification
signed by an authorized engineer_ stating that the ski
area and all ski equipment and structures theieon com-
ply with the standards of safcty established by the
National Ski Areas Association.
69A. 050 . Compli.ance witli Other Applicable
Regulations. Licensc�e must com��ly with the Municipal
CodE: of the Village of Orono anc� any applicable
statutes or regulations regardinc� i�he saiety of users
of their ski equipment, total facilitics aricl gr_ounds ,
and insure that no conditions c�xist on the premises
which adversely affect the puk�lic health, saf.ety and
welfare.
69A. 060. Transfer of License. Any license issued '
pursuant to this chapter shall be transfe.rred only upon
application for such transfer in writing, conforming in •
all respects with the provisions of this chapter gavern-
ing the filing of an original application; and said
application for transfer shall be accompanied by a trans-
fer fee of $10 .
69A. 070. Insurarice. Each licensee sha11 maintain
public liability insurance in an amount of noi� less than
$100 , 000 per person per incidcnt for injury c�r death.
69A. 080 . Revocation. The Council may revoke oz sus-
� pend any license under this chapter upon the f_inding of
the Village Council that there has heen a violation of
any of the provisions of this ch��pter or other al�plicable
statutes or requlai�ions , or a failure to ak�ide Uy any of
the conditions of this license or any otlier permits �
granted und�r this code.
.
69A. 090 . Object:ional�le Corlc�,.ict Prohil�ii=ed. The
licensee shall not perrnit any :le�acl , inciccciit, or l�ois-
terous , prof_ane or otlicrwise o}�jecl�ionable conciuct by
its patrons ; and shall take r.easonak�le pr.ecautions at
all �imes to prevent sucli concluci� ancl to eject from the
premises persons engaging in such conduct or demonstrat-
ing propensity for it.
69A. 100 . Accidents . The l.icensee shall file with
the Village Clerk a rc��ort of any accident to anyone
using the facilities of the ski arc:a within seven days
of the occurrence.
69A. 110. Penalty. Any per_son convicted of a vio=
lation of any condition of tliis ch��pter shall be guilty
of a misdemeanor and shall be punislicd by a fine of- not
more than $300 or by imPrisonment for not mare than 90
days , or both.
Section 2 . This Orclinance sha11 he published in
the Mound-Wcstonka Minnetonka Sun ancl shal.l ue effective
upon publication.
Passed by the Orono Council this 24 day of
October. ► �973 , uy � votc of 5 ayes and 0 nays .
/s/ Louis B. Ob�rhauser
Mayor
Attest:
/s/ James W. Cosby
Administrator
Published in the Mound-Westonka Minnetonka Sun on the
8th day of November , 1.9 73 ,
,� 1 i> c�� -,�• �
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• ORDINANCr N0. 155
AN ORDIIVI�NCE TO AI�1�ND T1iI: MUI�IICIPAL COD�
OF ORONO I3Y 11DD1NG SEC`1'�IUTJS TO P�tOVTll� FOR
A LI�Y.L,SHORF: SLT}3Z1CK TO CO1.�FORM 1v1:TH STI�TL;
STATUTT:S.
. TIi� VILLAG� COUNCIL OF OROrdO ORD7ITNS: �
Section l. The Tsunir,ipal Code of the Village of � .
Orono is amen'ded by amendiny Chaptcr_ 31 as follows :
Section 31. 341. Locai:a.on af_ Pi-�_nci.kaal I3uilding
to Lakeshore, No �rincipal uuilc�iiig sll�il.1. be loc�.ted
closer than 75 ieei: to the nai:ural ordinary high wai:er � �
mark of a lake abutting the praperty. This lalc�shore { � }�
setback shall be dei:crmi.ned as tlze mcaii hor. izvn�.al } �
f
distance between the natural ordinary higll water mark on
the lake shore and the allowa}�1e huildii�c� 1ine.
Section 31. 3�l2. Variance from L�lce Shore SEtback.
`"`-- Any application for a variance fxom i.hc requirements of �
� Sec�ion 31. 3�1 shal.l be referred to t}�r-. Minn�liaha Creek , '
Watersh�d District for its ap�r_oval befor.c final action . "
� }�y the ��ill_ac�e C��tr�:::��. A
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Section 2 . This Ordinance sY�a11 2�e published in tlie '
Mound-Westonka Minne�Lonlca Swi and sliall be ef fective upon
publication. • , � ���
� Passed by the Orono Council this 24th day of Octob�r, . �
. 1973, by a vot� of 5 ayes and 0 nays . �
' � s/ Loizi� 13. Obc�rhauser
, �2ayoi
Attest: � .
. � � /s/ Jarnes T^]. Coshy • F
1ldmini�>trator
Puhlished in the Mourid-Westc»z};a Minnei�on3ca Sun on the
,'�� day of i-. �. . . • , ► 1�7�/.
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ORDIN7INC� NO. 1.56
AN ORDTN7INCE TO AMFND THr MtTNTCIP�IL COD�
OF ORONO BY 71MENDING SLCTIONS :i]_. 705 ,
32 . 120, 32 . 600 �Nv �nDZNc �rc�rzoN 39 . 350
RELATING TO I'��S CIII1FtGL;D TN CONNrC`i'ION
WITH L�Nll USE APPUZCIITIONS.
THE VILLAGE OF ORONO ORD7IINS:
Section 1 . The Municipal Coc�e of the Village of
Orono is amended by amending Seci�ion 31. 705 as follows :
31 . 705. Permit. 11n application f_or such permit
shall be accomPanied by a dra�ainc� made b_y a registered
surveyor or other compei�ent person showing the location
of the proposed excavation or stor_age and shall stai:e
the amount of material which is to be removed, excavated
or stored, filled or graded, and such ottzer information
as the council may requi_re from t�ime to time. App]_ications
shall be filed with the Village 1ldminisLrator and shall
be accompanied by a fee of $30 payahle to the Village,
and a deposit of $50 , �ahich will be used to �ffset the
cost of processing the application. An_y unused porti.on
wi11 he x'P_fl�YIC�PC� to th� �pr] i_c�nt,
Section 2 . The Municipal Coc�e of the Village of_
Orono is amended by amend:ing S�cti.on 32 . 12U as follows :
32. 120. Appeal to Planninq Commission. At any
time within 90 days after the c�ecision of the Zoning
Administrator under the provisions of the 7oning Code,
except in connection with prosecutions for violations
thereof, the applicant or other person or officers of
the Village affected tlzereby may appeal to the Planning
Commission by filing a written no-tice stating the action
appealed from and stating the specific grounds upon which
the appeal is made. The notice .�h�ll be zccompanied by
a fee of $10 payable to the Vill.age which fee shall not
° be refundable.
Section 3 . Th� Munici.pal Code of the Village of
Orono is amended by amcnding Sectian 32 . 600 as follows :
32 . 600. Fees for 7oning Appl.ications. The fces
. to be paid for each application ar.e as follou�s : rezoning
$100; simple subdivision or variance $30 ; new special or
conditional use, if accessory $3U ; if principal $50.
Fees shall bc payable at the timc applications are
�
�
filed with the Zoning Administrato.r. and are noL rc�und-
able unless application is withclr.��wn pri.or_ to r.eferral
to the Planning Conunission . There sha11 be no fee in
the case of apnlicati.ons filed in the public inter_est by
the Village Council or by th� Planning Commission.
Section 4 . The Municipal Code of the Village of
Orono is amended by adding a Section 39 . 350 as follows:
39 . 350 . Platting £'ees. 11 fe� of $100 plu:: $2 per
lot must accompany the pr�liminary p].at when it is sub-
mitted to the Planning Commissaoi�. 'l�liis fee wi11 be used
for the expenses of the Village in connect�_on wi�th
approval� or disapproval of said plat and fina]. plat
which may thereafter be submit-ted.
Section 5. This ordinance ;1-i�zll be published in
the Mound-Westonka Minnei.onka Sun ancl sh�ll be effective
upon publication.
Passed by the Orono Council this ?4 day of
���r , 197 3 , by a vote of ri' ayes and
nays.
/`'/ T�C)U 1 :> 7�. �)a�C7"�1c�11ciC'.1"
_ , MFl�70z'
Attest:
�S�James W. Cosk�y
Administrator -
Published in the D�.ound-Weston}:a Minnetonka Sun
� on the gth day of November , 197 3
�
ORDINANCE N0. /� 7
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
ORONO BY AMENDING SECTION 34 . 037 AND ADDING
A CHAPTER 110 RELATING TO THE KEEPTNG AND
MAINTAINING OF CERTAIN DOMESTIC ANIMAI,S
WITHIN THE VILLAGE OF ORONO AND ESTABLISHING
A LIVESTOCK COMMISSION.
THE -VILLAGE OF ORONO ORDAINS:
� Section 1. The Municipal Code of the Village of Orono
is amended by adding Chapter 110 as follows :
110. ANIMAL REGULATION
110. 10. ���nimals�De�ined, �,,s used in thi.s chapter,
except i� Section 110. 100 , animal shall mean any specie
of cattle, horse, ass , mule, sheep, �wir.e, goat or any other
- domes�icated animal which would norznally not be housed in
the residence of its owner or in a kennel.
110 . 20. Animals at Large. No person shall permit
any animal of which he is the owner, caretaker or custodian
to run at large within the Village. Any animal shall be
deemed to be at large if said animal is:
(a) Not picketed, confined in a corral or
otherwise restricted by a properly
constructed and maintained legal fence,
(b) Off the premises owned or rented by
the animal ' s owner and not accompanied ,
by the owner or an agent or employee
of the owner,
. . (c) Herded upon any land over the protest
and against the will of the owner of
.� said land.
. ..... . _..._ .. _ . _ _ ,�.�
110. 30. Impoundment. The Village may impound any
animal found at large and shall provide proper sustenance
for any and all animals impounded. The police chief or
� his designate8 agent shall give notice to owner (if known
to him) within 24 hours , Sundays excepted. If owner is
unknown, written notice shall be posted in two conspicuous
places in the Village and published once in the official
newspaper describing the animal and stating that said
animal has been impounded. ,
110 . 35. Taking Impounded Animal a Misdemeanor. No
legally impounded animal shall be released except to a
person displaying a receipt from the Village Clerk showing
payment in full of the applicable costs listed in Section
110 . 60. If any person, without authority of law, and
� without first paying the costs due, shall take any impounded
animal out of the enclosure in which he is impounded, with-
out such receipt, he shall be guilty of a misdemeanor.
110. 40. Disposition of Animal . If any animal is
impounded and not redeemed within six days after notice •
is posted or four days following published notice, whichever
is later, the Village Chief of Police or his designated
agent shall give three days posted notice of the time and
place where the animal will be sold at public auction.
11Q . 45. Proceeds of Sale. Prcce�ds cf any salc sr�all
be used to pay the total of costs and fines as listed in ,
� Section 110 .5Q . The balance of the funds received for the
sale of the animal shall be retained by the Village .
_Treasurer and_if� not claimed by the owner within one _
. . _... - -- ---- - � .
year from the date of sale, the money_ shall be paid into_ __
the_ Village Gene�ral Fund. � y _ � � �� �
110. 50 . Schedule of Fees. The following schedule
shall be used in determining the total costs due on any
animal determined to be at large within the Village:
Fine for animal at large :
lst offense $ 5. 00
2nd offense $25. 00 (if it occurs within
� . one year of first
offense)
3rd offense $50, 00 (if it occurs within
one year of first
� offense) •
Care of Impounded Animal $ 1. 50/day
Trace and catch animal
. at large $10 . 00/hour
Trailer Charge $10. 00 plus . 25 per mile for
total distance involved -
. � _
4
' 110. �0 . Nuisance. No person shall keep any animal
in a manner creating a public or private nuisance.
110. 70. Conditions Not Allowed. No person keeping
animals shall permit or allow any of ��he follow:�ng
conditions to exist:
a. Land upon which the animals are kept is
unsightly or is a harbor for rodents,
fl'ies, and insects .
b. Winter accumulation of manure which is
� not removed from the premises or disposed
� of in an approved manner prior to May 15
of each year.
, c. Other accumulation of manure t��hich is not
. removed so as to prevent an unreasonable
. ' amount of objectionable aroma.
�
d. Failure to make a reasonable effort to
� keep the animals under control and within
proper fencing.
e. Animals have been treated cruelly or
inhumanely.
f. A publ.ic nuisance exists on that property.
110. 80. ReguJ_ation of Horses. As used in this
section "horse" shall refer to any specie of horse, ass or
mule and in addition to the general provisions of this
chapter the following regulations shall apply specifically
to horses:
a. No person may ride or drive a horse after
the hour of sunset and before the hour of �
sunrise along or crossing any public way
without appropriate lighting or reflecto-
" rized clothinct.
b. No person may ride or drive a horse in any
public park, beach, golf course or other
public property except within the right--o�� �
�aay of public streets and highways, and in
areas duly designated as a trail way or
hitching area. ,
. . ' � . c. The Village Park and Recreational Director
, shall designate and properly post those
areas in public lands, parks and beaches
,where horses may be ridden and driven.
d. Every person riding a horse or driving
a horse drawn vehicle upon a public road-
way shall be subject to those provisions
of the Village Code applicable to the
driver of a motor vehicle, except those
provisions which by their nature have
no application. -
e. No person shall interfere with any horse
being ridden, driven or kept in a lawful
manner.
- -- - -----
-- - ---- - __.—____--
110. 90 . Livestock Commission. The Village Council
hereby authorizes the establishment of a Livestock Commission
to assist the Village Clerk in inspection of the premises
, of those seeking a horse permit, to receive complaints from
those aggrieved by animal owners or keepers, to investigate
complaints, to advise animal owners against whom complaints
have been lodged and to advise the Village Council as to
appropriate action.
. The Village Council shall appoint three persons to the
I,ivestock Commission, including, when possible, a repre-
sentative of the largest local horse-oriented association
or club, a veterinarian, and any oth�r persor the Village
Council feels is qualified to serve. Each member shall
serve a two year term without compensation and shall be
eligible for reappointment at the end of that term.
The Livestock Commission shall make recommendations to
the Village Council on requests or other matters ' re--
quiring Council action, which arise under th.is Chapter
or other applicable Ordinances or Staj.utes.
_ 110. 100. Cruelt�to Animals. 1�1 ��sota Statutes
346. 21-346 .26 relating to cruelty to � �lals are hereby
adopted and incorporated herein by re.- . l�ence and made a
part hereof.
110. 110. Violations. Every person convicted of a
, violation of any of the provisions of this Ordinance
shall be guilty of a misdemeanor and punished by a fine
of not more than $300. 00 or by imprisonment for a period
. of not more than 90 days or both, but in either case the
" costs of prosecution may be added.
Section 2. The Municipal Code of the Village of ,
Orono is amended by amending Sect'ion 34 . 037 as follows:
-- � - .__-.-- - -,� . -�
�.•�•- • •
. .c. . ' .
34 . 037. Animals. The keeping of domestic animals
for non-commercial purposes including horses for the use
� of the occupants of the premises, provided that any
accessory building used for housing such animals shall
be located not less than 150 feet from the nearest lot
line. A minimum of two acres of open pasture must be
available for a single horse and one additional acre
must be available for � each additiona],- horse. When the
horses are kept stabled and do not require pasture for
feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the Council. Such minimum
.pasture acreage shall be exclusive of minimum lot re-
quirements and shall not include low lying lands unusable
for pasture or grazing. Any person keeping such animals
must comply with the provisions of Chapter 110.
Section 3. This ordinance shall be published in the
Mound-Westonka Minnetonka Sun and shall be effective upon
publication.
Passed by the Orono Council this �day of
�Z�1/ , 197� , by a vote of ��_
ayes and � nays. , ,
. � �
Mayor
Attest:
Administrator
nublished in the Mound-Westonka Minnetonka Sun
on the � � � day of � � � , 197
.
► '
. � .
ORDINANCE NO. 158
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF ORONO
BY ADDING A CHAPTER 69B REGULATING THE MOVING OF
BUILDINGS AND PROVIDING FOR LICENSES, PERMITS AND
FEES.
THE VILi�AGE OF ORONO ORDAINS:
Sectian l. The Municipal Code of the Village of Orono
is amended by adding Chapter 69B, regulating the moving of
buildings and providing for licenses, permits and fees , as
follows:
, 69B. MOVING OF BUILDINGS
,
69B: 010. Definitions. For the purposes of this ordinance
the following terms, phrases, words and their derivations shall
have the meaning given herein: •
(1) Bui?dinc� - a structt;re desi;r.ed, built or oc�upied
as a shelter or roofed enclosure for persons, animals
or property and used for residential, business,
mercantile, storage, commercial, industrial, institu-
tional assembly, educational or recreational purposes.
(2) . R�moval Location - any location in the Village of
Orono to which a building may properly be moved and
upon which such building may properly be located after
such moving under the provisions of this ordinance.
69B. 020. License Required. No person shall move, remove,
raise, or hold up any building through or within the limits of
the Village of Orono unless such person shall be licensed b�
the Village of Orono to engage in such occupation. ,
Upon the filing of an application for such a license, the same
shall be referred to the Building Inspector of said Village and
� he• shall make full investigation of the qualifications of the
applicant to carry on the work of moving, raising and holding
_ _�..�_.._.._.. _ _ _
. _..,. - - ---------_ __ . ._._._ �.,<
, -2- • .
up buildings and report his findings thereon to the Village
Council. Upon such report being filed with the Village
Council, and the execution of the bond as required herein
and its acceptance by the Village Council, such license may
be granted or refused in the discretion of the Village Council.
No such license shall be granted to any person less than twenty-
one (21) years of age. -
� The fee for each such license is $50 per annum, whiGh fee shall
� be paid to the Village Clerk at the time of the filing of the
application for , such license.
69B. 030. Insurance and Bond Required. No license shall
be issued unless and until the applicant shall first file with
the Village� Clerk a certificate of insurance showing the
applicant to be insured against liability imposed by law in
the limits of $25,000 because of bodily injury or death of
one person per accident, $50, 000 because of bodily injury to
or death of two or more persons per accident, and $25, 000
property dam�ge liability per accident. Such policy shal.l
,
provide �hat it may not be cancelled by the insurer except
upon notice to the Village. In case of cancellation of such
insurance the license shall be suspended automatically �until
the insurance has been replaced. No license shall be granted
until the party applying therefor shall also have given a bond
in the sum of $5,000 with good and sufficient sureties to be
approved by the Village Council; and conditioned that said
party will save, indemnify, and keep harmle`ss , the Village
against all liabilities , judgments, costs and expenses, which
in any wise accrues against said Village in consequence of the
granting of such license , including the cost of the Village for
the services of public utility maintenanGe men necessitated by
the moving of any building, and will strictly comply with the
provisions of this ordinance and with the conditions of any and
all permits which may be issued to them.
69B. 040. Expiration of License. Each such license shall
terminate the 31st day of December following the issuance of
the license, unless revoked or forfeited prior to that date,
� and shall not be transferable or assignable. �
69B. 050. Revocation of License. If the Village Council
� finds that the licensee has proceeded with any work so as to
endanger people or property, or upon conviction for failure to
_ comply with this or related ordinances , or for other good cause,
the Village Co�ncil may revoke such license.
• ' • .
. -3- , "
69B. 060. Permits Required. No licensed person shall move
any building over, a].ong or across any highway, street or alley
in the Village without first obtaining a permit for such move
from the Building Inspector.
69B. 070. Application. An application for a permit shall
� be filed with the Building Inspector.
(1) Contents. The application shall set forth:
. (a) A description of the building proposed to be
moved, giving street number and legal descrip-
tion of the property where it is presently
located and the removal location, location of
the building on the removal location, construc-
tion materials , dimensions , number of rooms and
condition of exterior and interior, and photo-
graphs, showing ground and street elevations; '
,
(b) The highways , streets and alleys over, along �
or across which the building is proposed to
be moved;
(c) Proposed moving date and hours; .
. (d) Any additional information which the Building •
Inspector shall find necessary to make a fair
� determination of whether a permit should be
issued;
� (e) Such application for a permit shall be made at
� least thirty days prior to the proposed moving
� clate in order to allow the Building Inspector
to make the inspection required.
(2) Certificate of Ownership or Entitlement. The applicant
shall file with the application a written statement or
bill. of sale or other sufficient evidence that he is
entitled to move the building.
- (3) Fee. The permit application shall be accompanied by
permit fee which is non-refundable in the amount of
$50 plus any sums required to be paid under the terms
� of this or any other ordinance of the Village.
• _ .
-4- - � �
� 69B. 080. Upon receipt of an application, it shall be the
duty of the Building Inspector to procure an estimate of the
expense that will be incurred in removing and replacing any
electric wires, street lamps, or pole lines belonging to the
Village or any other property of the Village, the removal and
replacement of which will � be required by reason of the moving
, of the building through the Village, together with the cost of
materials to be used in making such removals or replacements.
Prior to issuance of the permit the Building Inspector shall
require of the applicant a deposit of a sum of money equal to
the estimated expenses.
� 69B. 090. Duties of Building Inspector.
(1) Inspection. The Building Inspector shall inspect the
building, wherever located, and the applicant' s
equipment to determine whether the standards for �
issuance of a permit are met. .
(2) Standards for Issuance. The Building Inspector shall - �
refuse to issue a permit if he finds that:
(a) An applicant ha5 not complied with every appli-
cation, fee or deposit requirement;
(b) The building is too large to move without ,
� endangering persons or prop�rty in the Village;
(c) The building is in such a state of deterioration
or� disrepair or is otherwise so structurally
� unsafe that it could not be moved without en-
dangering persons and property in the Village;
(d) The building is structurally unsafe or unfit
� for the purpose intended, if the removal location
. is in the Village;
(e) The applicant' s equipment is unsafe and that
� persons and property would be endangered by its
use;
� (f) Zoning or other o�dinances of the Village would
be violated by the building in its removal
location;
(g) For any .reason persons or property in the Village'
'would be endangered by the moving of the building;
�_5_ _ • .
(h) The building to be moved is not worth at
' least 600 of the cost of a similar new
building as determined by the Building
Tnspector; �
(i) The building in its removal location would
fail to comply in any respect with any provision
of any ordinance of the Village or, that proper
assurances of such compliance have not been
given.
(3) Fees and Deposits.
(a) Permittee Liable for Expense above Deposit. The
permitteeshall be liable for any expense, damage
or costs in excess of deposited amounts or
securities.
(ba Return upon Allowance for Expense. After the
building has beeri removed, the Building Inspector � =
� shall furnish the Village Clerk with a written
statement of:
. (1) Al1 expenses incurred in removing and
replacing all property belonging to the
Village;
-...
. (2) All material used in making the removal
and replacement;
(3) A statement of all damages caused to, or
- �inflicted upon, property belonging to the
Village.
, However, if any wires, poles, lamps or other
property are not located in conformity with
governing ordinances , the permittee shall not
be liable for the c;ost of removing same. The
Village Clerk, or his deputy, shall authorize
the Building Inspector to return to the applicant
all deposits after the deduction of a sum
sufficient to pay for all costs and expenses
and all damage done to property of the Village
by reason of removal of the building. Permit
. � fees deposited with the application shall not
be returned.
._6_ � .
. . 69B. 100. Every permit�ee under this ordinance shall:
(1) Use D�esignated Streets. Move a building only over
streets designated for such use in the written permit.
(2) Notify of Revised Moving Time. Notify the Building
Inspector in writing of a desired change in moving
� date and hours as proposed in the application.
(3) Notify of Damage. Notify the Building Inspector in
� writing of any and all damage done to property be-
longing to the Village within 24 hours after the
damage or injury has occurred.
(4) Display Lights. Cause red lights to be displayed
on every side of the building during the nighttime
and red flags during the daytime while building is
being moved or standing on the street, in such
manner as �o warn the public of the obstruction, •
ancl shall where necessary erect and maintain barri-
cades across the streets in such manner as to protect �
the public from damage or injury by reason of the
removal of the building.
(5) Comply with Governing Law. Comply with the Building
Code, the Zoning Code and all other applicable
statutes , ordinances and regulations upon relocating •
� the building in the Village. "" ,
(6) Pay Expense of Officer. Pay the expense of a traffic
� officer, ordered by the Chief of Police, to accompany
� the movement of the building to protect the public
from injury at the rate of $50 per day or part of a
� day for the estimated period required for the moving.
(7) Clear Old Premises. Remove all rubbish and materials
� and fill all excavations to existing grade at the
original building site, when located in the Village,
so that the premises are left in a safe and sanitary '
. condition.
. 69B. 110. Miscellaneous Conditions. It is not intended by
this ordinance to interfere with, abrogate or annul any easement, �
covenant or other agreement between parties , however, when this
ordinance imposes a greater or heavier restriction than is imposed
or required by any other ordinance, rule, regulation or by ease-.
ment, covenant, or agreement, the provisions of this ordinance
shall control.
-7-- + ,
� 69B.120. Enforcement. Where permit�ee does not comply
� with the requirements of this ordinance, the Village shall do
the work necessary to leave the original premises in a safe
and sanitary condition, and the cost thereof shall be charged
against the general deposit or the bond.
69B. 130. Penalty. Any person, firm or corporation
convicted of violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and shall be punished
by a fine of not more than $300 or by imprisonment for a period
of not more than 90 days, or both, but in either case the costs
of prosecution may be added. Each day such violation is committed
or permitted to continue shall constitute a separate offense and
shall be punishable as such hereunder.
Section 2. This ordinance shall be published in the Mound-
Westonka Minnetonka Sun and shall be effective immediately upon
publication. •
Adopted by the Village Council of the Village of Orono this � '
26th day of November, 1973 , by a vote of 4 ayes and 0 nays.
Louis B. Oberhauser, Mayor
Attest:
James W. Cosby, Administrator
Published in the Mound-Westonka Minnetonka Sun
_ on the day of , 1973. �
' �.
ORDINANCE NO. �� �
AN ORDINANCE TO AMEND THE MU�ICIPAL CODE OF
ORONO BY AMENDING SECTION 7. 020 RELATTNG TO
THE COMPOSITION OF TIiE PLANNINC COMMIS5ION. �
, THE VILLAGE OF ORONO ORDIIINS:
, � Section l. The Municipal Code of the Village of
. Orono is amended by amending Section 7. 020 as follows : ��
� . 7. 020. Composition. The Planning Commission shall
- consist of twelve members. Nine mernbers shall be ap-
, � pointed by the Village Council and may be removed
individually by a four-fifths vote of the Council. The
• Village Attorney, the Village Engineer, and one council-
man appointed by the Village Council shall be members of
the Commission ex-officio and without vote. �`
The appointed members shall hold office for three
, years or until their successors are appointed and
qualified. Of the six members currently on the Commission,
three have terms expiring December 31 , 1974 and three
� have terms expiring December 31, 1975. Terms of the three
members appointed to the Planning Commission in 1974 will
expire on December 31, 1976. The terms of ex-officio
� members shall correspond with their respective office
' terms, except that the councilman shall be appointed for
ane year commencing January 1 of each year. Vacancies
during the term shall be filled by the Council for the
unexpired portion of the term. Every appointed member,
before entering upon the discharge of his duties, shall
take an oath that he will faithfully discharge the duties
of his office. All members shall serve without compen-
sation. .
, •
� , Section 2. This ordinance shall be published in
� the Mound-Westonka Minnetonka Sun and shall be effective
upon publication.
Passed by the Orono Council this � day of ,
1974 , by a vote of ayes and nays.
Mayor
Attest:
Clerk
Published in the Mound-Westonka Minnetonka Sun on
the day of , 1974 .
i
I '
� �
o�zuzr��rrcr No. 161
AN ORDIN�NC� TO EXTFND TIIE EXI�IRIITION DZ1TE OI�
T1iE r10R11`I'ORIUr9 ON GR7INTTNG O)� I3LIII'�UING PLRMITS,
REZONIP�G APPLICIITIONS , COI�'D7TION7IL 01t SPF•,CIAL
, USE P�RN,ITS , V11RT71NCES OR O'1'll]�R 71U'1'T-�OIZITY FOR
11DDITIONAL DEVELOPMEN`.P 71S DT�SCI2:LT3LD IN ORDIN�INCE
N0. 149,
� i .
THE CITY COUNCIL OP 0120N0 OIZUI�TNS:
WHL'REnS, '1'he City of Orono has ueen dclayed in completing
an overall comprehensive land use �laii for the City including pro-
posed amendmeni�s to the zonine� codc � 4J}11C11 will now be rcady for
public hearings prior to 1lpril 1 , 1974 , and k�ecause the process of
completing and ac�opL-ing a comprehensivc plan �inc� zoning co:le amend-
ment cannot be accomplished until nwnerous detai]_ed studies includin_r,
studies wh�,ch tti�il]_ implcmcni: i.hr� �`nmr�t'�;j1CI1S1VC pl�in �uch as the
storm water plan have becn completec� and }ieari.ngs held , and
��dIi�R�71S, the Counca.l rcaffirms i:he necessit_� al�a urUci�cy
i:o r.ci:ain th� �noratc�riwn �o conti�o.l. dcvc7.c,p�ncnt cluring the interim
period so that the benefits of- proper planning will not be 1ost, to
prevent the commingling of incompatible i�ses and to pres�rve the
status quo pending adoption of th�se measures so that tlze City will
not be impaired in its ability to ef-f_ectuate the purposes and goals
of these planning ef£orts , as set forth in Ordinance 149 , and it
therefore adopts this exL-ension of the moratorium period.
� Section 1 . The Municipa]. Code of the City of Orono is
amended by amending Section 4 of Ordinance No. 149 as follows :
"Section 4 . Durai:ion. This ordinance shall expire
June 30, 1974 , without Council. action, or it may be repealed
earlier if thc Council deter_min�s that �:hc requisite studies have
been completed and adopt�d and that appr_o��r�te evaluation and
action, including any necessary revisions of t}ie zoning code , have
been finalized. "
Secti_on 2 . This Ordinancc sha11 bc publi�hed in ��ound-
W�st Tonka P�inneton};a Sun and shall be effective upon publicai�ion.
Passed by the Orono Council this 4th day of March, 1974 ,
by a vote of 5 ayes and 0 nays.
i � , /`__. ,
� �
, '�� . � �;� -
. � '�t• ` . , ` _ '�``.t `
�1.,
Robert L. Searles, Mayor
. Attest:
James W. Cosby, Administrator
Published in the mound-West Tonka Sun
on the day of March, 1974 .
�
i �
OI�DZNANCE NO.' 162
P�N ORDINANCE AMENDING CHAPTER 40 OF THE
MUNICZPAL CODE pF ORONO RELATIDIG TO
LIQUOR CON�UMPTION ON LICENSED PREMISES
A�TER LEGAL HOURS
THE C�TY COUNCIL� OF ORONO ORDAINS :
/
Section 1. The� Munici�al Code of the City of Oro:�o
is� amended by adding Section 40. 085 as follows : .
4Q. 085. Consumption of Liquor Prohibited on Licensed
' �zem�:ses A�tex Legal Hours. No intoxicating liquor shall
ba drunk oz consumed on the licensed premises except during
tFie liours o� operation pex'mitted under Section 40. 080. Every
zoom, place or premises where such liquor is permitted to be
or i�s sald, pursuant to an "on sale", license, shall be closed
and kept closed to the pu}alic during the hours when such
liquor ]aies ax� �xchihited by state ]_a��.*. nuring sai_d hot�rs ,
no person, or persons shall be allowed to be or remain upon,
or witYiin such room, �lace or premises for any purpose what-
soever. , except that the owner or licensee, his agents or
servants, or employees may be and remain therein and thereon
�'ox' the uzpose� only of cleaning, preparation of ineals , necessary
. ze�airs,�othex work in connection therewith or as watchman.
Sect3on 2. This Qrdinance shall be published in the
Mound-Westonka Minnetonka Sun and shall be effective upon publica-
ti�on.
�assed by the Orono Council this 25 day of March ,
1974 , by a vote of __�__� aXes and � nays.
Mayor
p�TTEST:
Administrator
�ublished in the �ound-Westonka Minnetonka
Sun on the day of � , 19�74.
. � ;
^ . ._._-- • . i
I
�
ORDINANCE NO. 163
. , .
AN ORDINANCE AM�NDING CHAPTER 69A OF THE
MUNICIPAL CODE OF ORONO RELATING TO SKI
AREA REGULATIONS.
. , ,
THE CITY COUNCIL OF ORONO ORDAINS:
. Section 1. Th� Municipal Code .of the City of Orono
,• is amended �by amending Sections 69A. 040 and 69A. 050 as
. follows: �
� 69A.•040. License Fee and Term. License fees shall
• be $100 per year, expiring on September 30 of each year.
Requests for renewal of a license under this chapter must
be accompanied by an up to date certification signed by
an authorized engineer stating that the ski area and all
ski equipment and structures thereon comply with the
standards of safety established by the National Ski Areas �
Association and by Section 69A. 050.
69A. 050. Compliance With Other �1.�licable Regulatioris.
Licensee must comply with the Municipal Code of the City of
� Orono, th� safety requirements for aerial passenger tramways
as set forth in ANSI B77. 1-19'73 , and any applicable statutes
or regulations regarding the safety of users of their ski
equipment, total facilities and grounds, and insure that no
' conditions exist on the premises which adversely affect the
public health, safety and welfare.
Section 2. This Ordinance shall be published in the
, Wayzata-Orono Sun and shall be effective upon publication.
' � Passed by Orono Council this � day of ���h ,
� 1974,. by a vote of 4 ayes and 0 nays.
� �
. /s/ Robert L. Searles .
� Robert L. Searles, Mayor �
ATTEST;
/s/ sames W. Cosby .
James W. Cosby, Administrator
Published in the Wayzata-Orono Sun �
on the day of � , 1974.
_ , �.
.
_ . , ,
r
� QRDINANCE NO. 164
AN ORDINANCE FIXING THE DATE OF THE REGULAR
CITY ELECTION, EXTENDING THE TERr1 OF COUNCIL
MEMBERS FOR O�E `s:EAR WHERE NECESSARY AND PRO-
VIDINJ FOR THE YEAF G�HEN CERTAIN COUNCILMEN
ARE TO BE ELECTED.
THE CITY �:OUNCIL OF OROiVO ORDAINS :
Section 1. The Muni�ipal Code of the City of Orono is
_ amended by amending Section 11. 010 as follows :
11. 010. Date of Election. The regular city election
shall be held a.ennia y on t e first Tuesday after the
first Monday in November in every odd-numbered year, begin-
Y+i� W�_t�'1 f'r1P � �7� P� PC`�'� C�ll_s ThPr'e -�'rlr��.� hP ]l� rn�i�l -�-�.� ni �V
- eiec-ci�n i� i9?4.- - - � -
Section 2. The Municipal Code of the City of Orono is
amended by adding Sectioris 11. 030 and 11. 040 as follows :
11. 030. Extension of Terms of Council Membe�'s. The terms
of the two councilmen whose current terms wzll expire on the
first day of January, 1975 are eYtended to the first business
day of January, 1976 and those offices shall be filled at the
io75 city elect�.an. Th� term of the counci�mar� whose current
term expires January 1, 1977 is exten��ed to the first business
day of Jan�.:ary, 1�78 �.nd that e�fice 9hall be fille� at the
1977 city electic>n. �
11. Q�0. Terms and Trarsition. Two councilmen sha1Z be
elected for four-year terms at each biennial city electiar.
commencing in 1.977. fit the 1975 election, three councilmen
s��all be elec�ed; th� two candidates receiving the highest
r.umber of votes shall serve for terms of four years and the one
ra���iving the third highest number of votes shall serve far a
term of two years. The mavor shall be elected for a two-year
term at each such election.
Sect�on 3. This Ozdinance shall be published in the
tiaa�•zata-Orono Sun and shal]_ be effective upon publica�ion.
..... �
Passed��b�..thn prono Counca,l th1,s l�ith day o� June, �1974, I�y
� yote o� 3 �Xes and � � � 0 naxs.
� �/s/ Ro�ert � L; Searles
MaXox
ATTEST: �
• /s/ � �3ames W. •Cosby � � �
C erk-A in�strator
- �?ubli shed in the V�taXzata-Orono Sun on the '
day of. . . . . . . . . . . . . � 19�7 4. '�'�'
{
ORDINANCE NO. 165
AN ORDINANCE TO EXTEND THE EXPIRATION DATE O�'
, THE MORATORIUM ON GRANTING OF BUILDING PERMITS,
' REZONING APPLICATION5, CONDITIONAL OR SPECIAI,
. • USE PERMITS, VARIANCES OR OTHER AUTHORITY FOR
ADDITIONAL DEVELOPMENT AS DESCRIBED IN ORDINANCE
. . NO. 149.
, ' THE CITY COUNCIL OF ORONO ORDAINSa
WHEREAS, Th�e City of Orono has been delayed in completing
an overall compreI�ensive land use plan for the City including pro- �
. posed amendments to the zoning code, which have recently been pro-
posed at public hearings, and because the process of completing
. and adopting a comprehensive plan and zoning code amendment sti11
cannot be accomplisher� until numerous detailed studies including
studies which will implement the comprehensive plan such as the
storm water plan have been completed and hearings held, and
WHEREAS, the Council reaffirms the necessi,ty and urgency
to retain the moratorium to control development during the interim
period so that the benefits of proper planning will not be lost, to
prevent the commingling of incompatible uses and to preserve the
status quo pending final adoption of these measures so that the City
will not be impaired in it� ability to effectuate the purposes and
goals of these planning ef�orts, as set forth in Ordinance 149, it
therefore adopts thia extension of the moratorium period.
Section 1. The Municipal Code of the City of Orono is
amended by amending Section 4 of Ordinance No. 149 as follows:
"Section 4. Duration. This ordinance sha1.1 expire
September 30, 1974, wit�f"Gouncil action, or it may be repealed earlier
if the Council determine� that the requisite studies have been
completed and adopted ant� that apprvpriate evaluatian and action,
including any necessary revisions o� the zoning code, have been
' , finalized."
� Section 2. Thi� Ordinance shall be published in Mound-
, West Tonka Minnetonka Sun and shall be effective upon publication.
Pagaed by the Orono Council this 25 day of June, 1974 ,
by a vote of � ay�g an� �_ nays. �
' • /J
o et L. ear es, ayor "—
ATTEST:
5
R� c ard� Ben� n blished in the Mound-West Tonka
Acting Administrator 5un on the day o€ June, 1974.
. .
. r
_ORDINANCE NO. 166
AN ORDINANCE AMENDING CHAPTER 73 OF THE
MUNICIPAL CODE OF ORONO RELATING TO
COMMERCIAL DOCKS
- THE CITY COUNCIL OF ORONO ORDAINS :
• Section l. The Municipal Code of the City of Orono
is amended by amending Sections 73. 010 , 73. 020 , 73. 030, ?3. 040 ,
;3. 050 , 73. 0�� , 73. 070 , 73. 04� , 73. 100 and 73. 1I0 as fall��as :
73. 010. License Required. No person shall operate a
commercial a t doc ,. usiness or e engaged in the business of
docking, mooring, or storing bcats in the City of Orono without
� a license. Any person desiring such license shall apply therefor
to tr.e City Council. Such application shall contain such information
as may be required by the City and shall be in writing, signed by
� the applicant, and filed with the City Clerk. It shall set forth
the nam� and residence of the applicant and the exact location at
:.: _ ... ��n� sp�'icar.t r.zon�ses to carry on his busir.e�- . �:_.. -:.. :} �c�_
tion sh�ll be accompanied by a sketch of the proposed facilities.
The Clerk shall present the application to the City Council at its
next regular meeting after the filing thereof. No license shall be
issued unless the property involved is in a lakeshore commercial
zone, or unless a non-conforming use has been approved. �.
73. 020. Re tzlation of Commercial Storage Facilities. If
boat storage facilities are provi e , t e oats s a 1 e stored in
such manner that they do not create a fire hazard and any gasoline
offered for sale or stored on the premises shall be placed in tanks
or cor�tainers as may be required by the City Council, and such tanks
or containers shall be s�ored underground or such distance from the
sto�age fac=lities so as not t� create a danger to the community.
The premises shall at all times be maintained in a neat and orderly
manr,er.
i3. fl30. Defir.itions. �'or the purposes of this Chapter
the �ol lowing def init�r.s s'Tall apply:
Boat Slip. A space, structure, dock, or other thing
�esigne�"or used for the docking, mooring, or storing
of a boat , tempararily or permanently, and whether on
land or �ti•ater , including mooring posts or other devices.
Boat Buoy. A flQating object anchored in a lake used
�qx't 1�C�OC1C1Tlc�p mor�ri.ng or storing o� a baat, tem-
porari.ly� ox �erma�zent].X.
Business of Dockin or Storin Boats. Renting or other-
wise provi ing space, including oat buoys , for docking,
�ooring, or st�ring three or more boats belonging to �
persons other than the owner or renter of the property
upon or from which said boats are docked or stored, or
adjacent to which said boats are moored.
Commercial Boat Dock Business. Providing space for
docking, mooring, or storing boats for a fee or boats
used in a trade or business, including, without limita-
tion, providing rented spaces, boat buoys, space for
� keeping boats owned by the licensee and held for sale,
display, rental, or otherwise used in connection with
• a boat or marina business, and space held for docking of
boats during or pending repairs or maintenance of said
boats.
Commercial Docks. Docks , mooring spaces, mooring posts,
moorzng uoys , or b�at s�ips used in cammercial boat
dock business or by one in the business of docking or
storing boats as defined h�rein, including all '°els" ,
"T' s" , mooring posts , or any �ther structures related
. to the main docic.
?3. 040. LicensP fee � Duration. Any license in accordance �,
� �.•-- - - -�r ;�'
_ =�-.-t-=t ..----: .�-..;r�. Jali.�11 `.A�IY'� Ciii ic�:cleiuel 1 liCXL �uiiuwii�y -issuance "�
License fees shall not be pro-rated. The fee for each license shall•
be $10. 00 as a base fee plus a fee for each boat slip or boat buoy
requested in the application as determined by the City Council or its
agents, subject to an increase if the boat slips or boat buoys actually
constructed exceed the amount applied for, such fee to''be comnuted as
follows:
Each boat slip or boat buoy on
the water . . . . . . . . . . . . . . . $1. 50
Each boat slip on land . , . . . . . . . $1. OQ "
73, 050. Regulation of Cvmmercial Docks. No commercial
docks or boat�'"nu'oys s a exten urt er into t e waters af any
lake than i.s reasonably necessary to accommodate the docking and
maoring of such craft as shall custc�marily and lawfuily be used
upon the lake or so as to interfere with, obstruct, or te:�d to
obstruct, �r render dangerous for use or passage a body of water
within the primary harbor limits of the City. All such commercial
docks and u�Tharves shall be constructed and maintained of such
materials and of such type of constructi�n as will not render them
unsafe or likely to endanger public enjoyment of the waters.
Commercial docks_ shall be maintain�d in a neat and orderly manner
at all times.
73. 060. Insnectione The Cit� C�uncil or its agent m�y
at any time sni pect anv commercial dock or wharf. If it �ppears
that such dock or whar£ has not been constructed or is not being
,
maintained in- accordance with the application for license, or with
the provisions of this Ordinance, then the owner shall be informed of
such violation in writing by the City Cler_k and the Clerk shall �urther
notify the owner that he has ten days in which to correct said viola-
tion. If said violat�on is not corrected within said -time, the
City Council shaZl revoke the license. Notification under this
chapter sha21 be made in writing to the owner of the dock or wharf
at the address given in the applicatian. Failure to have a valid
license in force shall be prima facie evidence of a vialation of
this Ordinance. �
- 73. 070. Factors to be Considered in Grantin or Denyin
Licenses. As the use of La�e Minnetan a y Orono resi ents an
. others or boating, fishing, swimming, °�ater skiing, and other uses
continues to increase each year, the Cauncil is faced with increasing
� �roblems �n lacensing af cam��ercial �ock�. Th� Council �eca�:izes
that the interests of lakeshare residents are to some extentrin
conflict with the interests of persons in the business of operating
� commercial docks, and the Council is mindful of frequent complaints
as to the extent and manner of commerciai dock operations. The
Council finds that, as lake use increases , licensing proc�dures
and standards which have been adequate in the past have become in-
adequate a�d the danger to tr.e public health, safety, and welfare has
increased greatly. In determining, theref�re, whether or not a
license shaii be g�anted under this chapter, the Council may establish
d�-�:.: -.--t�i :�'.-: _,L1C1'3 OI '�`e@ i�.,t.ttJW1F':� r'�_^.'.111"�?'ClEI'lt`S c"�.P![� rPer�il ati nnc ths?ra�nr
as it deems in the best interest of the City so as toJpromote public
safety, health, welfare, and sanitation in the use or the lake,
eliminate extreme congestion on the lake (which reduces the er�joyment
of all� , restrict excessive noise, pollution, and fumes, eiiminate
. � unsightly installations or accumul.ations visible eitherr. from the lake
or from the shore, and eliminate road and parking congestion.
(l� The maximum number of boat slips on the land
and on the water and boat buaYs -that may �e constructed
may be regulat�d for each licensee. In setting such
maximum the Council may have in mind the size of the bay
on which the installation is loc�tedr the congestion of
boat traffic on said bayy t:le other licenses expected on
said bay, the character of the property and adjacent
properties, the proposed number of boat slips on the
land and on the water and boat buoys , and any other
�actors which it deems relevant. The number o� boat
� slips and boat buoys allowed shall include any space
used or intended to be used for the persanal use of the
� licensee and his family or friends when located on or
a.djacent to the premises from, which the licensee ir.tends
to conduct the business.
- _ {2� Off-street parking facilities may be required in
such extent as the Co�ncil may feel necessary to eZiminate
any traffic or parking congestion likely to be caused by
the ausiness of the licensee.
(3) Fencing, screening, or hedging may be required to
set off from public view, e�ther from the lake or the r
land, such portions of the licensee ' s operation as the
Council may determine to be so unsightly as to detract
from the general character of the neighborhood, or as
may be deleterious to the public health, safety, and
welfare.
(4) Suitable sanitary facilities may be required pro-
viding toilets on the premises for men and women, and ,
- further suitable facilities may be required for the
disposal of wastes accumulating in boats docked or
- , serviced at the marina.
(5) Such other matters per.taini�g to the operation of
the licensee as may affect the public health, safety�
and welf�re, including the past history of the canduct
of the business by the licensee.
73. 080. �ime of A�plication. Because of the fact that
the num'r_er o�licenses to k�e zssu-�has a bearing upon the conditions
under which each license shall be issued, no license shall be con-
sidered by the Council for� any year unless the application and sketch,
as required by 73. OI0 , are filed with the City Clerk by November 15
.._ _.__ _r:::ui iis �lica LlOal. iiiG LGliIlCli may 15$U@ IlC.�:x.��':+ ,::-._�+ ..Olctn'1 i ,a71<:E
witr. such conditions as it may find necessary in accordance with 73. 070 .
73. 100. Elimination of Non-Confarming Use. Any marina
operator who increases t e num er o oat s ips , oat buoys or overall
length of docks beyond what he was previausly licensed for by the
City af Orono, which increases are authorized by Ordinances of the
Lake Minnetonka Conservation �istrict, sh��l first decrease an equiva-
lent number of boat slips or boat buoys and eliminate an equivalent
length of dock from that portion of his dock that is non-conforming
under the terms of Ordinance No. 1 of the Lake Minnetonka Conservation
Distr�ct until the dock conforms in length to the Lake Minnetonka
����irvativr. �i�trict' :� Ord�r�a:�cc�.
73. 110. Reference to other Ordinances. This amendment
of Chapter�s express y con itione upon t e effectiveness of
the Grdinances of the Lake P�Iilz�etonka Conserva�cion Department per-
taini:Fg to marina regulations and if all or a portion of such
Ordir.arices are declared invalid by a court of competent jurisdiction,
no m«r��a shall havz a longer dock, more boat slips or more boat buoy�
than wnat was permitted by thE terms of that ordinance on the dat� it .
was declared invalid, or that what was last approved by the Lake
Minneta�ka Conservation District, whichever is less. The City expressl�-
re�erves the power to be more restrictive in its regulation than the
Lake 1'�iinnetonka Conservation District Ordinances if the public health,
sa�ety, ar.d weifare of the citizens of Orono so requires.
Section 2. This Ordinance shall be published in the �
Wayzata-Orono Sun and shall be effective upon publication.
Passed by the Orono Council this 25 day of June, 1974 ,
by a vote of 5� ayes and 0 nays. �
_ ls/ Robert L. Searles
Ro�ert L. Searles, Mayor
.
ATTEST: .
/s/ Richara Benson
Rzc ar Benson, Act�.ng A *ninistrator
Published in the Wayzata-Orono
Sun r.r, +.,..., __ <-. day �f _� -- _ ,� �a;�n .
,
. �_
� �
ORDIN�NCE N0. lfi7
AN ORDINAN�CE AMENDING CHAPTER 31 OF THE MUNICIPAL
' ' CODE OF pRONO RELATING TO RIP-RAP OF LAKESHl7RE
. ..
PRO�E�tTX
. THE CITY COUNCIL Ok' ORONO ORDAINS:
,• Section 1. The Municipal Code o� the City of Orono is
amended by amending Sections 31. 700, 31.705 and 31,710 as follows:
' , 31. 700. ' Pro�hibition. It shall �be unlaw£uI far any person,
� f�rm ox cor�oxat�ion to remove, fill, or use for fill, dredge, store
' � ox excavate rock, sand, gra��l, dirt or similar material within
� the lfmits of the City of Orono; to fill or reclaim any land by
depositing such material or by grad3.ng af existing land so as
• to elevate or alter the existing natural gradef or to build, alter,
or repair any seawall, retaining wall, or to otherwise change the
c�rade or shore of lakeshore property without a� conditional use
�ermit issued bp the City Council. Granting of such permits is
sub�ect to other regulations and prohibitions of these ordinances,
and other applicable statutes or ordinances of other governmental
bod�.es. .
31. 7Q5. ' �ermit. An application for such permit shall be
, accompanied by a c awing made by a registered surveyor or o�her
competent pe�son showing the location of the proposed excavation
or storage and shall state the amount of material which is to be
removed, excavated or stored, �illed or graded, and such other
information as the Council may require from time to time. Applica-
t�.ons shall be filed with the City Administrator and shall be
accompanied bx a deposit of $40, which will be used to offset the
• cost a� processing the ap�lication. Any unused portion will be
re�unded to the aQplicant.
� 31.710. �Excepti�on. The requirementa of Section 31. 700 are
' � not a;ntended to goVern the normal and customarx grading in the
� azea of an existing or a newlx constxucted building, or the
' grading of.�the dr�veway serving such building. Such grading and
earth mova:ng shall be approved by the Buil.ding InsQector at the
time of issuance of the Building Permit, providing that a plan
. showing proper drainage and protection o� adjoining property has
been submitted. Any unusual earth fill�.ng or removal of grading
� , �hall be re�erred by the Building Inspector to the Planning
' Coimnission and City Council for action in accordance with this
ordinance.
Section 2. The Municipal Code of the City of Orono is amended
by addinq 5ections 31.714, 31.�16 and 31,718 as followa:
�
: .
�
• � 31. 714. RiP-rap Defined - Rock placed at water level of
lakeshore to prevent erosion of shoreline by water action.
� 31. 716. Permit Re uired. The requir�ments of Section 31. 700
• • are not intendec��o gove�n t e normal and customary rip-rap of
lakeshore property. It shall be unlawful for any person, firm
• •� or corporation to rip-rap lakeshore property within the limits of
the City of Orono without a permit issued by the City Engineer.
�• Any unusual rip-rap shall be referred by the City Eng�neer
'' to the Planning Commission and C3ty Council for action in accordance
' • with this ordinance.
. " 37. 718. A�plication for Permit. An application for sueh
• permit shall be accompaniec��by�.rawing showing the location of
. the proposed rip�rap and such other information as the City
Engineer may require from time to time. Applications shall be
, filed with the City Administrator and shall be accompanied by a
fee of $15 payable to the City.
Section 3. This Ordinance shall be published in the Wayzata-
Orono Sun and shall be effective upan publication.
• � Passed by Orono Council this 25 day of June, 1974, by a vote
" . of 5 ayes and 0 nays. —
r, s/ Robert L. Searles �
o�bert L. �les, Mayor
ATTE5T: �
, /s/ Richard Benson
� R�c a�rd Benson, Act ng A n strator
w
,,. J
ORDINAlVCE NO. 1 FR
CITY OF ORONO
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
ORONO BY ADDING CHAPTER ENTITLED: "SHADE
TREE DISEASE CC�NTROL"
THE CITY COUN�IL OF ORONO ORDAINS :
Section 1. The Municipal Code of the City of Orono is
amended by adc?ing Chapter 111 as follows :
111. SHADE TREE DISEASE CONTROL
111. 010. Shade Tree Disease- Defined. Shade tree disease
shall mean Dutch E m isease cause y Ceratocystis ulmi , or
oak ��ilt disease caused by ceratocystis fagacearum.
i L1. VG.^t ♦all��vN15`.�\ ��=<..1Q1 ��A• l 1�.: 1 ..! ' -_^Y`.'�.11� rjY.l illl� GXt G
public nuisances w enever t ey max be found within the� City
• of Orono.
(al An�r living or standing elm tree or part thereof
infected to any degree v�ith the Dutch Elm
disease fungus , Ceratocystis u�mi (Buisman�
Mureau, or which harbors any of the elm bark
beetles. Scolytus multistra�alus (Fish. � or
Hyluxgopinus ru�ipes (Marsh. ) .
(b� Any dead elm tree or part thereof, including _ �
logs, br«nches , stumps , firewood or other elm
material from wnicri the bark has not been re-
moved and burned or sprayed with an effective
elni bark beetle in5ecticide. -
{c� Any li�•i:�y or standzng oak txee ar �art thereo�
infected to ar,y degree with Oak V1ilt disease fungus
ceratocyrstris �agacearum. '
111. 030. Abaten:ent. It i� urila�aful �or any �e�!son to
per.:�it any �tiblic nui�ance a.s d�fined in Section 111. C20 to
re:;�a�.n c� arxy premis�s owned or contzolled by him within the
C_;.�L�rt�: �u�h nuisar.ce �I-iall be abated in the manner prescribed
�r. �F����.ion ili . Q70,
.
.. • ' +"�
111. 040. Inspec't�ion and� �Inv�st'i a't'i'on. The C�,ty o� Ozono,
its officers, emp oyees or agents:
(a� Shall inspect all premises and places within the
C�;ty as o�ten as practicable to determine whether
any conda:ton de�cribed in Sectian 111. 020 exists
tf�eze�n. They shall �nvestigate all reported in-
ca,dents of in�estation by Dutch Elm �ungus, elm
bark beetles, or oak wilt spores;
Cb� MaX enter upon private premises at any reasonable
time �or the �urpose of earrying out any of the
duties assigned to them under this chapter;
Cc1 U�aon �inding conditions indicat�ng Dutch Elm or
Oak Wilt infestat�,on, shall immediately take and �
send appropriate specimens or samples to the
Comina:ssioner of Agriculture (Bureau of Plant
Industryl State of Minnesota, for analXsis, ox'
take such other steps for diagnosis as may be
secommended by the Commissioner of Agriculture.
No action to remove in€ected trees or wood shall
be taken until positive diagnosis of the disease -
j-� � .. 7
a�..�5 ivt:ll 1tN.l�.l��
• (dj Shall nota:,�'y the. ownex of the prpperty �rom which _
the spec�men was obtained o� the result of the
d�`agnosis by registered mail within five days of
receipt of the diagnosis.
111. 050. Notice to �Abat'e� S�had'e Tree Disease Nuisance.
Whenevez the C�,tX o� 0'rono, its o icers , emp oXees an agents, �ind
witFi reasonable certainty that the infestatian defined in
Section 111. 010 exists in any tree or wood, they shall noti�y
the owner or person in :.ontrol of such �roperty o�_ the in�estation
and clixect that the infestation shall be abated in accordance with
Section 111. 07Q within .tQ ctays a�ter receipt of such notice. The
notice shall be sent by certified mail and shall state i,f such nuisance
is not abated within the time provided, the owner or person in chazge
of such property may be charged with a violation of this cha�ter for
maintaining a nuisance and that the City may abate the r�u�sance and
assess the costs thereof against said property.
112. Q60. �'ailtire of Owner �t'o' Abate Nuisance. If the owner
or �ersa:� �,n centrol o sucn. propeztx fai s to abate the nui,sance
in accoxdar���e with '�his ch�pter, the City, zts a�fa,cers, employees
a�.d a5�nt:s , shall �roceed to have the nuisance abated, and any
exper.se �.r�curred by the City in so doing shall be a charge and lien
upon th� sai� pro���r.ty a_zd shall be collected as a special assess-
rnent �ri the sarr.e manr��r as other special assessments.
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IlI.Q7Q. �Abatement of Sh�ade Tr�ee �Disease Nuisance. In
abating the nuisances e ine in Section 1 1. 020 , t e infected
txee or wood snall be removed and burned or otherwise effectively
treated so as to destroy and prevent as fully as possible spread
of the shade tree disease. Such abatement procedures shall be
carried out in accordance with the current technical and expert
methods and plans as �may be desa.gnated by the Commissioner of
Agriculture o� the State o� Minnesata. The City may establish
specificati:ons for tree removal and di,s�osal methods consistent
therewa.th.
111. Q80. Collect�ion of Ass�essment. The cost of the abatement
o� any such nuisance pai y t e C�:t� and not reimbursed bX the
owner on or before September lst of each year shall be assessed and
Ievied as a special assessment upon and against said premises and
�roperty upon which said nuisance existed in like manner as such
other s�ecial assessments. �ucn asses5ment si�ali be payabl.s �_�
one sum.
111. 090. Traris ortiri Cer�t�a�iri �T � es' o� Wood Prohibited. It
shall be unlaw�u or any person to transport witha.n the City any
baxk YSearing elm wood or wood infested by disease or insects with-
out Fiaving obtained a permit from the City Administrator. � The
City Administrator shall grant such �ennits only when the purpose
;.f this chapter Shall be served thereby.
111. 100. Reporti'ng D�is'cove�r� .o•�� �Tree Uisease. Any ownez oz
occupi;ex o� land or any person engaged in txee trimming or remaval
tirho becomes aware of the �existence of shade tree disease as defined
in Section 111. 010 shall report it to the City.
111. 110. Interference Prohibite��. It shall be unlaw�ul for
any person_ to preven , e ay or �.n er ere oaith the City, its
officexs, emploxees, or agents �ahile they are engaged in th.e
�erformance of dut�.es imposed by thi.s chapter.
Section 2. This Ordi,nance shall be published i,n the
Wayzata-Orono Sur� an3 shall be e�fecti,ve upon Qubl�.cati.on.
Passed by the Orono Council this 27 dax of � August ,
197� , by a vote of 4 ayes and� � �p nays.
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� Robert L. Searles , Mayor
ATiEST: ,
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ichar Bens n
Clerk/I�dministra`or Published in the Wayzata-
Orono Sun on the day
of. . . ��74 .
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UI�llINANCE NO. 170
AN QRDINANCE TO AMEND THE MTJNICIPAL CODE
OF ORO�TO BY AMENDING 5ECTIONS 32 . 500 ,
32. 510 , 32. 520 , 32. 530 AND 32. 540 AND
REPEALING SECTIUN5 32. 535 AND 32 . 550.
THE CITY COUNCIL OF ORONO ORDAINS :
Section l. The Municipal Code of the City
of Qrono is amended by amending Sections 32.500,
32. 51�, 32. 520, 32. 530 and 32 . 540 as follows:
32. 500 . General Requirements. At any time
after the acioption of a land use plan for the
City, the Planning Commission;� for the purpose
of caryying out the policies and goals of the
�ana use plan, may prepare a proposed zoning
ordinance and submit it to the City Council
with its r�commendations �or adoption. 5ubject
to the a:equirexnF.nts af this chapter, the City
Counr.il may adopt and air�end a zoning ordinance
bv d �twoatYiirds vote of all its membzrs.
32. 51Q. Public Hearings. No zoning ordi:�ance
or amenamPnt thereto shall be adopted until a
public hearing has been held thereon by the
Y]_arinina Cornmission or by t,�e City Council. A
notice of thE time, p�ace and purpose of� the hearing
sha3_1 be pu.blished in the official newspaper of the
City not less than ten (10) days nor more thar.
tnirty (3G) days prior to the day of the hearing.
Tr3hen an amendment inclu3es changes in district
�oundaries affecting an area of five acr�s or less ,
a si.milar notice shall be n►ailed not �.ess than
ten (lU) days nor mare �han thirty (30) days prior
to the day of the hearing to each owner of affected
property and property situated wholly or partly
within 350 feet of �he property to wilich the amer�ament
relatzs. For the pta.rpose of giving mailed r�otice,
the parson responsibie for mailing the no�ice
ma�r use an.y appxopriate records to determine the
n�m�es ,'-'..I1L'1 ac�cir�sses af owners. A copy of the
notice arid a li.ut �f the awners and addresses to
whicn the natic� was sent shall be �ttested to
by �tne responsible �:�rson �nd shall be made a part
of thE re�ords of �:�c pr�ceedings. The faiiure -to
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give mailed notice to individual property
owners, or defects in the notice shall not invalidate
the proceedings , provided a bona fide a�tempt to
comply with this section has been made.
32. 520. Initiation of Amendments to Zoning
Ordinance. An amenament to a zoning ordinance
may be initiated by: (1) action of the City
Council; (2) a recommendation of the Planning
Commission; (3) by petition o� the owner(s) of
their or adjoining property, the zoning of
which is proposed to be changed. �n amendment -
not initiated by the Planning Coinmission shall
be referrea to the Planning Commission for
study and report and may not be acted upon by
the City Council until it has received the
recommendation of the Planning Commission on
the proposed amendrnent or until 60 days have
elapsed from the date of reference of the
amenclment without a report by the Planning
Commission.
32. 530. Application for Amendments . All
applications for arr�endments which are initiated
by the petition of the owner or owners of property
sha11 be filed with the Zoning Administrator
and if the application involves the changing of
zoning districts and boundary thereof, trie
application shall be accompanied by a map or
plat showing the lands proposed to be changed and -
all lands within 350 feet of the boundaries of
the praperty proposed to be rezoned, together ��ith
a certified list of names and addresses of the
owners of the land in such area as is currently
on record with the Hennepin County Auditor and
certified by him or his agents .
32. 540. Denial of Applications. Rezoning
applications may be denied by motion of the City
Council and such motion sha11 constitute a
finding and determination that the proposed
rezoning is not in the best interest for the
physical development of the City. No application
which has been denied wholly or in part shall be
resubmitted for a period of 6 months from the
date of said order of aenial, except on grounds
of n�w evidence or proof of change of conditions
found to be vai.id by the Planning Commission.
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Section 2. Sections 32. 535 and 32. 550 of
the Municipal Code of Orono are hereby repealed.
Section 3. This ordinance shall be
published in the Wayzata-Orono Sun and shall be
effective upon publication.
Passed by Orono Council this 22 day of
October, 1974, by a vote of 5 ayes and
0 nays.
Robert L. Searles , Mayor
ATTEST:
Walter R. enson, A inistrator
Published in the t�layzata-Orono
Sun on the day of , -
1974.
CITY OF ORONO
Ordinance No. 171
AN ORDINANCE ANIENDING CHAPTERS 20 AND 21 OF THE
MUNICIPAL CODE OF ORONO RELATING TO THE ADOPTION
OF THE STATE BJILDING CODE, THE UNIFORM EUILDING
CODE AND THE MINNESOTA PLUMBING CODE.
THE CITY COUNCIL OF ORONO ORDAINS:
Section 1. The Municipal Code of the City of Orono is
amended by amending Chapter 20 and Section 20. 010 as follows:
20. ADOPTION OF STATE BUILDING CUDE
20. 010. Adoption of Code. The Minnesota State Building
Code as amended January 14 , 1974 and Chapters l, 2 and 3 of the 1973
Edition of the Uniform Building Code, including all other codes,
regulations, rules and standards adopted by reference therein, are
hereby adopted and incorporated herein by reference. Three copies
of said Minnesota State Building Code and the 1973 Edition of the
Uniform Building Code should be marked as official copies and filed
for use and examination by the public in the City Hall.
Section 2. The Municipal Co�le of the City of Orono is
amended by amending Section 21. 010 as f_ollows: -
21. ADOPTION OF MINNESOTA PLUMBING CODE
21. 010. Adoption of Code. The 1973 Edition of the Minnesota
Plumbing Code is hereby adopted and incorporated herein by reference.
The City Clerk shall mark three c�pies of said code as official
copies and f ile for use and examination by the public in the City
Hall. �
Section 3. This ordinance shal.l be published in the
Wayzata-Orono Sun and shall be effective upon publication.
Passed by Orono Council this 12 day of November ,
1974, by a vote of 4 ayes and � nays.
Robert L. Searles, Mayor
ATTEST:
Walter R. Benson, Administrator PuL�lishe� in the Wayzata-Orono
Sun an the da� of ,
l�i�o _
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ORD INANCE Na. 1• ��
AN OFtD�D'f�,1�T� TO AMEND THE MUNICIPAL CODE C3F
ORONO BY �NDI�fiG SECTION 7.Q20 KELATING TO
THE Ct�'iPOSi�I4N �� THE PLAI�NING CONlMI�SIOAI
THE ��'�'iL CfF QR0�3 QRDl�iIZ�S:�
Sectian 1.. The A�,unicipa� Code of t..he �ity af Orrs�o
is amer�ded i�y �endinc} Section ?.A20 as follc�ws:
�.Q2Q. Cam osition. T�e Planning �ammissiQn
shal3. ec�nsis� af ��t�en members. EZeven �ne.�aers shall
be agpdi�rted by t.he City Cour�cil and ma�r be �emoved ind�-
vidualay hy a fat�r-fifths vote of the Cot�nai�. The City
Attorneg, the City Eagineer, and one councilman apgainted
by the City CounciT s�all be members of the Cammission ex-
of�fcia and withaut vate.
The apgointed members sliall hold office for three
Xears or until their successors are agpointed and c�ualified.
Of the six members curren�Iy on the Commiss�an,� three have
terms expiring I3ecember 3I.,1975 and three have terms expiring
Decernber 3I,I975. Terms nf the first three members apgoint�d.
to the Planning ;Commission in I9T5 wi�.l. expire on December 3I.,
I4??. The term of the fonrth member appointed shall expire on
i�ecember 31, I975 . The term of the fifth member appointed
shall expire on December 31rI976. � The terms of ex-officio
members shazl correspond with their respective office terms
ea�cept that the councilman shall be appointed for one year com-
mencing January I o� each year. Vacancies during the term
sha11, be filled hy the Council for the unexgired portion of f:he
term. Euery appainted inember, be�ore entering upan th� dis¢
charge of his d�xties, shall take ar� oath that Y�e will faithful�.y
discharge the duties vf his of£ice. AlI. me�rers shall serve
without compensatior�.
�ectian 2. This ordi�ance shall be published in the
Mound�Westonka Mi�aetonka Sun and shall. be effective upon
publi.c�t�.an.
Passed I�y the Orono Council this��'� da� of January,
�,975 l�y a vote of�� '_T 4 __ a�res and �nays.
. �. � .
�.tobert L. Searles, Mayor
�,t st;
.. ' . .... . .
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Walter R. Benson, Administrator
�'ubki.sh�d in the A�Iound�Westonka A'�innetonka Sun on t�e
� �� day� of . . . . . . . . . . ,19?5.
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ORDINANCE NO. 175
AN OR.DINANCE TO AMEND THE MUNICIPAL CODE OF.
. , ORONO BY AMENDING SECTION 54. 110.
� THE CITY COUNCIL OF ORONO ORDAINS :
Section l. The Municipal Code of the City of Orono
is amended by amending Section 54. 110 as f�llows:
- 54. �10. O�eration Generallv. Except as otherwise
. _ specifically' permitted and authorized by Council resolution,
it is unlawful for any person to operate a snowmobile within
the limits of the City of Orono:
� . (a) On a public sidewalk or walkway providefl or
used for pedestrian travel.
(b) On private property of another without lawful
authority or consent of the owner or occupant.
(c) On any publicly owned lands and frozen waters,
including but not limited to that portion of the Luce
Line Trai1 starting at 5tubb' s Bay Road and terminating
� at the eastern boundary of Orono, that portion of the
Luce Line Trail commencing at Stubb 's Bay Road and
terminating at the western boundary of Orono, school
grounds, park property, playgrounds, recreation
-. areas, private roads, platte� but unopened roads ,
utility easements, public trails and golf courses. In
. the event such use is permitted by posting, snowmobiles
� shall be ariven in and out ot such areas by the shortest
'• route. Publicly owned areas in the City of Orono may
' � . be designated by council resolution for snowmobile
� . use subject to the provisions of this chapter.
(d) . At any place, while under the influence of
intoxicating liquor or narcotics or habit forming
drugs.
' (e) At a rate �f speed greater than reasonable or
� . proper under all the surrouncling circumstances .
(f) At any place in a careiess, rec3cless or negli- �
gent manner so as to endanger the person or property
� of another or to��cause injury or damage thereto.
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_ , (g) So as to tow any person or thing on a public
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street or highway except through use of a ri.gid tow
bar attached to the rear of the snowmobile.
. (h) At a speed greater than ten miles an hour
• , when within 100 feet of any lakeshore, except in
� channels , or of fishermen, ice house, or skating
rinks, nor shall operation be permitted within 100
', � feet of any sliding area, nor where the operation
would conflict with the lawful use of �roperty or
would endanger other persons or property.
� (i) , In a manner so as to create a loud, unnecessary
. or unusual noise which disturbs, annoys or interferes
with the peace and quiet of other persons.
� (j) During the hours from 11:00 p.m. to 7 : 00 a.m.
. of an� day.
5ection 2. This ordinance shall be published in
the Wayzata-Orono Sun and snall be effective upon publica-
. tion.
Passed by Orono Council this 25th day of February, 1975,
by a vote of 3 ayes and 0 nays.
- Robert L. Sear es, Mayor
� ATTEST:
- ��-�C%�
Walter R. B nson,
Aai;�inistrator
• Published in the Wayzata-Orono
• . 5un on the day of ,
1975.
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ORDINANCE NO. 178
AN ORDINANCE TO AMEND THE NiUNICIPAL CODE OF ORONO
BX ADDING A CHAPTER 112 RELATING TO THE CUSTODY
AND DISPOSAL OF UNCLAIMED AND CONFISCATED PROPERTY
AND THE DISPOSITION OF PROCEEDS THEREFROM AND AMEND-
ING SECTION 53. 050 RELATING TO DI5POSAL OF ILLEGALLY
�A.RKED VEHICLE5 .
THE SIILLAGE OF ORONO ORDAINS :
Section 1. The Municipal Code of the City of Orono is
amended by adding Cha�ter 112 as follows :
112. UNCLAIMED AND CONFISCATED PROPERTY
112. 10 Unclaimed Property. Except as otherwise pro-
vided in Sections 112 . 20 and 112 . 30 , any money or personal
�aroperty, other than animals , coming into the possession of
the City of Orono in the course of anX municipal operation
shall. be handled and disposed of .in the manner provided in
this section.
(a) Custody of Unclaimed Property. Any money or per-
sonal property coming into the possession of any
City officer, agent or employee or member of any
City department, shall, �aithi.n 24 hours , be turned
over to the Chief of Police by such officer, agent
or employee or member of a City department. The
Chief of Police shall �nake provisions for receiving
and safe keeping of property and money delivered to
him and coming into his possession in the court of
municipal o�erations. A recei�t shall be issued to
the �erson delivering such property or moneX to the
City. SuCh pro�erty shall be stored in a safe place
and such money de�osited �aith the City Treasurer in
a special account for a period of six months unless
claimed by the lawfu7. owner.
(b) Clai.ms by Owners . During such six-month period,
the Chief of Police shall make diligent search to
locate the lawful owner. He may deliver such prop-
erty or order suCh money paid to the owner thereof
after receiving satisfactory proof of ownership and
,
after providing ten days notice by mail to the
person, other than the police officer or City
employee, who de�ivered such prope�ty and to such
other person who has asserted a claim of owner-
ship. The Clerk shall not issue any order for
the disbursement of such money without the written
order of the Chief of Police. If ownership cannot
be determined to his satisfaction, the Chief of
Police may refuse to deliver such property or order
the payment of such money to anyone until ordered
to do so by a� court of competent jurisdiction.
(c) Claim by Finder. If the lawful owner does not claim
the property or money during this six-month period,
the Chief may deliver the property or order the
money paid to the person, other than the police
officer or city employee , who delivered it to him
if such finder shall have previously asserted in
writing a claim to the property or money.
(d) Transfer to General Fund. If any such money is not
claimed by the lawful owner or finder within the
six-month period, the Chief of Police shall so
notify the Clerk and the money shall then be trans-
ferred to the general fund of the City.
(e) Disposal of Unclaimed Property. After the six-month
period, property not delivered to the lawful owner or
finder shall be sold by the Chief of Police at public
auction or appropriated to the use of the City.
Instead of being sold at auction , any article or prop-
erty may be appropriated to the use of the City by any
Department in need thereof, or may be appropriated
and given over to the use of any non-profit charitable
corporation, organization or foundation for a charit-
� able purpose, upon approval of such a method of appro-
priation by the City Council .
(f) Notice of Sale. On behalf of the City, the Chief of
Police shall sell all unclaimed property and all
property not appropriated to or by the City follow-
ing at least one published notice thereof in the
City' s official newspaper not less than two weeks
prior to such sale. The published notice shall con-
tain the following information:
(1) Time and place of sale;
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(2) Description of property to be sold;
(3) Terms of payment; .
(4) That sale will be at public auction and to
the highest bidder.
(g) Disposition of Proceeds and Unsold Pro�erty. The
Chief of Police shall remit the proceeds of the auc-
tion sale to the City Treasurer for deposit in the
General Fund. Any property offered for sale but not
sold and not suitable for appropriation to the use of
the� City shall be deemed worthless and shall be
disposed of in such manner as the Chief of Police
directs.
{h) Claim by Owner After Auction. The lawful owner
of property sold at auction shall , upon application
to the City Clerk within six (6) months from the
date of sale and upon delivery of satisfactory proof
of ownership, be paid the sale price from the General
Fund, less the reasonable expenses incurred in the
movement, storage, care and sale of such property.
112.20. Confiscated Property. Any money or personal
property, other than animals , coming into the possession of
the City Police Department in the course of investigating or
prosecuting any criminal offenses or ordinance violations shall
be handled and disposed of in the manner provided in Section
112, 10 hereof, except that the six (6) month custody period
shall not begin to run until such time as any prosecution and
appeal proceedings shall have been completed for any criminal
offense or ordinance violation involving such personal property
or money.
112. 30. Unclaimed Motor Vehicles. Any unclaimed motor
vehicles as such vehicles are clefined �by Minnesota Statutes,
Chapter 169 as amended coming into the possession of the City
of Orono in the course of any municipal operations shall be
handled and disposed of in the manner provided in section
112. 10 hereof, with the following exceptions :
(a) Custody of Unclaimed Mctor Vehicles. The Chief
of Police shall arrange for the storage of unclaimed
or abandoned motor vehicles in a safe place for a
period ot only sixty (60) days unless claimed by
the lawful owner.
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(�) Disposal by Public Sale. After the sixty-day
period, all unclaimed or abandoned motor vehicles
shall be dis�osed of by public auction.
(c) Notice to Registered Owner. At least thirty (30)
daXs prior to the public auction of such motor
vehicles, the Chief of Police shall mail a notice
to the registered owner of such motor vehicles , if
anX, at the last kno�n address of such owner as
shown by the records of the Minnesota 5tate Regis-
trar of Motor Vehicles. The notice shall describe
the vehicle and the date, time and place of such
public auction.
112. 40. Summary Disposal. The Chief of Police may
without notice and in such manner as he determines to be in
the public interest summarily dispose of any property coming
into his possession which he determines to. be dangerous or
�erishable. He shall make a record of the pertinent facts
of the receipt and disposal of such property.
Section 2. The Municipal Code of the City of Orono is
amended by amending Section 53. 050 as follows:
53. 050 Disposal of Illegally Parked Vehicles. If any
persons shall vio�ate the terms and provisions hereof
the village police on discovery of such violation may
forthwith remove or cause to be removed such vehicle
from the place where found to any public garage and such
vehicle shall not be de�ivered to the owner thereof until
the cost of such removal together with the cost of the
storage of such vehicle shall have been paid to the
Village. In the event that the owner of such vehicle
shall not pay such cost of removal or storage charges
� within six (6) months subsequent to the removal thereof
to such garage, the vehicle sha11 be considered to be
unclaimed and shall be disposed of in accordance with
5ection 112. 30.
Section 3. This ordinance shall be published in the
Mound-Westonka Minnetonka Sun and shall be effective upon
�ublication.
Passed by the Oror.o Council this 24thday of June ,
1975 , by a vote of ayes and nays.
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Robert L. Searles , Mayor
At 5t:
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� alter . e s
Clerk-Admin' strator
Published in the Mound-Westonka Minnetonka
Sun on the �,7th day of J��� , 1975 .
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� ORllINANCE N0. 1�9
� _
: AN ORDINANCE I�MENllING SECTIODI 31. 830 OF THE
' � ORONO bNATICIPAL CODE.
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' THE CITY OF ORONO ORDAINS : -
� - Section 1. Section 31. 830 ot the Orono Municipal
� Code is amended to xead as follows :
; �
Section 31. �30 . Developrlent Prolzibited.
(a) Prohi.ba_tion. No f ' lling, grading, dredgiiig , excavation,
, • hard cover, temporary o� perr,:anent structures , or construc-
tion shall be alloweu :
i 1. Within i:h� Flooa P1ain and Tae�lancis Conservation
Area;
� 2. On lanas w:ithin ?_6 feet of said protected area;
,
3. On lands abutting , adjo�ning or affecti.ng sa�.d
area i� such act�i�ity tzpon those adjacen� lands is
inco.npatible with the po��_ici_es ea?�re�sed in t}1is
- ordinance and the presexvation of �.hose wetlands
in their natural state;
4. On lands subj ect to tY�e easernent as requirea
by Section 31._F40 .
Land within the proter.ted area may not be usec3 in :��tcr-
mininc� minimum alea requixements f�r builuing sites except
as providect in Section 31. 841 herein. To specificall.y further
de�ine the specific boundaries �f th� rloocl Plain and Wetlands
Conservation Area as describeci in -�he otficial rna�s tlie.reof ,
� and ta insure the policies iri th�_s or.diizance ar_e properly
implementea, a�zy �ersons undc.r.talci.ng i���provements to or on
any l.and abuttinc� or adjacei;-L- to i�he prctected arc_a s��al1 ,
prior t� coms:�encing th� wor}:, obtain a pe.r_rlit �1��,�-z�eio�• from
the Ci--Ly oi Orono. Apprava'� r,tay he expresslyo ui��en in
conjui:ction with otl�er p�rini�s applieci :Fot, but no
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approval sha11 be implieu froin the grant of such permits
nor from the necessity to apply for a permit as descriued
herein.
Section 2. This orc�inance shall be published in
the Mound-taestonka Asinnetonka Sun and shal]_ be effective upon
publiCation.
Passed by the Orono Council_ this 8 day of September ,
1975 , by a vote o� 5 ayes and � nays.
Izober�l-. L. 5earles , I�iayor
,�ttest:
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Walter R Beiisoi��r .
Clerk-I�dministrator
Publisl�.ed in the Mound-[��destonka Mi_nnetonka
Sun on the day o£ m , 197�
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ORDINAN�E N0� 180
AN ORDINANCE TO AMEi1D THL MUNTCIPAL CODE OF /-
ORONO BY AMENDING S�CTION 39 . 17� AND BY `
AMENDIIIG SECTIONS 39 . 171 AND 39 . 172 RELATING -
TO TIi� SUBDIVISION AP1D REPL1�`l� OF LAND AND
< CHANGING TH� REQUIREMENTS FOR DEDTCATIONS .
FOR PARK, PLIIYGROU�ID, BIKL�tiTAYS, HII:LWAYS
AND RLCREATIOi1AL PURPOSES IN Tf:E CITY OF
OROT10. -
. THE CITY COUNCIL OF THE CITY OF ORO�QO ORDAINS:
Section l . The Municipal Cod;; of the City of Orono is
amended by amending Section 39 . 170 as follows :
Seci�ion 39 .170 . Dedication Required. The oc,=n�r, developez-
or other applicant of land proposed to be subdivided, divided or
required to be r�platted for any purpose within the City of Or_ono
. including previously platted land which is proposed to be devel-
oped , shall be recjuired to dedicate to the City of Orono for
parl�, playground, bikeways , hike�aays and o�her recreational .
purp�ses, in addition to the requirements of any oi�her ordinances ,
ten pe:��ent oi land to wllich the ap��lication refers . `l�he City
of O.rono shal] deter.mine the lor.ation of the land to be dedicate�.
In the sole discretion of the City of Orono it may require
a cash payment based upan the fair market value of the undevelopea
land at th� above listed percentage , or a combination of land
and cash dcdication not exceediiig the listed percentag�. If ,
. in the sole discretion of the City Council , the devel�per_ c>f
tk�at land will provide recr_eat:ional. amenities �ahich wou.ld Gigni-
ficantly reduce the demands for public recr_eatiorial facilities
to serve tha�L developrnent , such as swimming pools , tenni.s courts ;
playqrounds and the J_ike, then �he amount of land dedicated or
cash equivalent may be reduced by an amount not to exceed ?So of
the amount stated above .
� Section 2 ., . The Municipal Co�e of the City ai' Orona is
1�nended by ad3ing the following sections :
Section 39 . 171. Timinc� of Calculation and Payment of
Charqes. The requirem�nts of this ordinance whcn appliec� to rcw�i-
dent�ial developments sha7_1 be imposec� at the time af the approval
o� the �ubdivision, di�=i_sio�i or zepl.at� or• if_ tlie land has al-
� readv be�ii su�divid�d, at the timu oi the issuancc of a buildinq
per_m�t fo�. a pr_ima.r�� structur� . Thc� or_-di.nancc sha.11 apply to
aIl subdivisio�is coming within the defiriition provided in Section
39 . 020 , unless trie Cit�,� Council de�erminc,s that i�he land inti-olved
, t�ril]_ be further subdividea i n -Lhe fut?lre , which �inding mus t be
;;•:liasea uPon a sufficieizf� shc�ti�ir.g by tlle ���:�plican� -Lhat. such fui�ur�
- �;;'sul�dic�isi��i is �easibl� , practic�l , and intended k�y the suLdivicl`_.- .
In that case, the City Council may impose such additional re-
,�� �' quirements upon the plat, including the dedication of the amount
of land that would be required by such future development, as
will facilitate the future subdivision of that land and «hich
would further the �urposes o� this- ordinance and Minnesota
Statutes , Section 462 . 358 . 1�ny land that is further subdivided ,
divided or replatted subsequent to the imposition of the require-
ments of the ordinance then in effect concerning dedication of
land for recreational purposes , and credit shall be given for
any charges previously imposed upon that property.
Section 39 . 172 . Charges When Va.riance Requested . When �
ari application for a variance from the platting provisions of
`� the subdivision ordinance is considered, or upon receipt of an
application for division or replat of land which does not come
within the dPfinition of a subdivision in Section 39 . 020 of the
Zoning Code , if the City Council finds that the requested sub-
division, division or replat could reasonably be deemed to precluG _
� the future platting of such land or parts thereof , the Council
ma.y calculate and require the appropriate amount of land , or
cash in lieu o£ land, to be dedicated to the City for park,
playground , bikeways, hikeways and recreational purposes in
accordance with the provisions of this ordinance.
Section 3 . This Ordinance shall be published in the Wayzat�:
Orono 5u;z and shall be effective upon publication.
. • Passed by the Or_oi�o Council this 8 day of September, 1975
by a vote of 5 a��es and 0 nays .
Robert L. Searles
-C_/ .
Wal e F.. L'�nson, Clerk--Administrator
1
Published in th� Wayzata-Orono Sun
� on the day of , 1975 .
. y
'��iS Il~
. . '
ORDINANCE NO. 181
AN ORDINANCE TO AMEND THE MUNICIPAL
CODE OF ORONO BY AMENDING CHAPTER 6
THE CITY COUNCIL OF ORONO ORDAINS:
Section 1. The Municipal Code of the City of Orono is amended
by amending Chapter 6 as follows:
6. POLICE DEPARTMENT
6. 010. Organization. The Police Department shall
consist of a Chief of Police and as many additional police
officers as the City Council may from time to time by
resolution authorize. ,
6. 020. Chief of Police; General Duties. The Chief
of Folice shall obey all orders and directions of the City
Clerk-Administrator and shall be responsible to the City Clerk-
Administrator for the enforcement of all ordinances of the City
and all laws of the State of Minnesota. He shall be responsible
for the training and discipline of the members of the Police
Department and of the organization thereof as an effective
policing unit. He shall further be responsible for compliance
by the Police Department and members the�eof with all laws,
ordinances, rules and regulations of the City and directions
of the City Clerk-Administrator relating tothe Police Department
and to police protection functions of the City. The City Clerk-
Administrator may designate one of the members of the Police
Department as acting chief who shall assume all of the functions
and responsibilities and exercise all of the authority of -
the chief in the absence or disability of the chief.
6. 030. Duties of Police Officers. Each member of
the Police Department subordinate to the Chief of Police shall
obey the instructions of the chief and of any superior officer.
Each police officer shall serve all warrants and processes
� delivered to him for service in the City which by law he is
authorized to serve and to notice and diligently inquire into
and report to the Chief of Police and the City Attorney all
violations �f ordinances of the City, all violations cf the
criminal laws of the State of Minnesota, and to make complaints
against the person or persons guilty thereof.
� , r i'
. 1
. 6.040 (a) Auxiliary Police Officers. The City Administra-
tor may from time to time appoint auxiliary police officers of
the City of Orono. Such officers shall not be a part of the
regular Police Department and shall not have the authority of
. police officers except �in cases of emergency as hereinafter
provided. They shall receive no compensation from the City
and shall not be deemed employees of the City.
6. 040 (b) Method of Appointment. No auxiliary police
officer may be appointed unless a written application contain-
ing such information as the Chief of Police shall require is
filed with the Chief. Upon appointment of an auxiliary
officer, the City Clerk-Administrator shall issue a commission
to him setting forth all conditions of his appointment and
the term for which he is appointed. The commission and appoint-
ment of each auxiliary police officer shall be reported to the
City Council at its next meeting. The commission and appointment �
shall be subject to revocation with or without cause by the •
City Clerk-Administrator at any time. �
6. 040 (c) Duties. Except in cases of declared civil
emergencies as provided for in Chapter 90 through 93 of this
Code, such auxiliary officers shall obey the instructions of
the Chief of Police and shall 'perform such cluties and training
exercises as shall be established by the Chief. In cases of
declared civil emergencies as provided for in Chapter 90 through
93 of this Code, such auxiliary officers shall obey the instruc-
tions of the Director�of �Civil Eme""rgencies iri- accordance with
the applicable civil emergency plans and provisions. '
Section 2. This ordinance shall be published in the Wayzata-
Orono Sun and shall be effective upon publication.�
Passed by Orono Council this 8th day of September, 1975,
by a vote of � ayes and 0 nays.
��ya��� -
� • � Robert L. Searles, Mayor
ATTEST: .
/ � . . .
�J ��� -
Walter R. e d ,
Clerk-Administ tor
PUBLISHED IN THE WAYZATA-ORONO
SUN ON THE DAY OF SEPTEMBER, 1975
ORDINANCE N0. 1 g2
AN ORDINANC.E 'PO AMEND � I�JNICIPAL CODE OF
OItONO BY AMENDING SECTION 7.020 RELATING 'PO
'!� �OSITION OF 1� PLANNING OOM�IISSION.
;'II-IE VILLAGE OF OR�JNO ORDAINS:
Sectio�n 1. The M�micipal Code of the City of Omno is amended by
amending Sectian 7.020 as follaws:
7.020. Com�ositi�on_�. The Planning Ca�nissian shall consist of twelve
members. Nine'mem�ers shall be appointed by the City Coi.mcil and may be
removed individually by a four-fifths vote of the Coi.mcil. The City Attorney,
the City Engineer, and one councilman appointed by the City Council shall be
members of the Commission ex-officio and without vote.
The appointed members shall hold office for three years or witil their
successors are appointed and qualified. The.terms of ex-officio members
shall correspand with their respective office teYms, except that the Co�cil-
man shall be appointed for �e year canntencing January 1 of each year. Va-
cancies during the tern shall be filled by the Council for the unexpired
portion of the term. Every appointed member, before entering upoRi the dis-
charge of his duties, shall take an oath that he will faithfully discharge
the duties of his office. All members shall serve without campensation.
Section 2. This ordinamce shall be published in the Mo�d-Westonka
Minnetonka Stm and shall be effective upon publication.
Passed by the Orano Coimcil this 12 day of January � 1g76 �
by a vote of � ayes and _� nays.
��������
yor
Attest:
, ,� ` �
er
Published in the Mowid-Westonka Minnetanka Swi an the 21st�y of January � lg 76
ORDINANC� PdO. 183
AN ORDINANCE TO AMEND CHAPTER 9, SECTION 9.020 AND SECTION 9.030
OF THE MUNICIPAL CODE OF ORONO TO DECREASE THE SIZE OF THE PARK
COMP4I S S I ON
,
THE CITY COUPdCIL OF THE CITY OF ORONO ORDAIFIS AS FOLLOWS:
Section l. Section 9.020 of Chapter 9 of the Municipal
Code of Qrono is hereby amended as follows:
9.020. Com�osition. The Park Commission
shall consist of nine members, who shall be
appointed by the city council and may be
removed individually by a four-fifths vote of
the Council; and in addition, the Council shall
appoint one member of the Commission from its
own members who shall be ex-officio and without
vote, such Council member to be appointed for
one year commencing in January of each year.
9.030. Terms. The appointed members shall hold office
for three years or until their successors are appointed and
qualified. The terms of ex-officio members shall correspond
with their respective office terms, except �hat the Councilmember
shall be appointed for one year commencing January 1 of each
year. Vacancies during the term shall be filled by the Council
for the unexpired portion of the term. Every appointed member,
before entering upon the discharge of his duties, shall take
an oath that he will faithfully discharge the duties of his
office. A�1 members shall serve without compensation.
Section 2. This ordinance shall be published in
the Lake Minnetonka Sun and shall be effective upon publication.
Adopted by the City Council of the City of Orono, Minnesota at
a regular meeting held January 26, 1976 by a vote of 3 ayes
and �nays. �
��
Robert L. Searles, Mayor
i
Attest:
Walter R. ns n, Clerk-Administrator
w - /
Ordinance No. 184
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
ORONO BY AMENDING CHAPTER 39 RELATING TO THE
SUBDIVISION AND REPLAT OF LAND AND CHANGING
THE REQUIREMENTS FOR DEDICATIONS FOR PARK,
PLAYGROUND AND RECREATIONAL PURPO5ES IN THE
CITY OF ORONO.
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS :
Section l. The municipal code of the City of Orono is
amended by amending Chapter 39, Section 39.170 as follows :
39. 170 Public open spaces.
(a) Dedication Required. The owner, developer or
other applicant of residentially zoned land proposed to be sub-
divided, divided, or required to be replatted for any purpose within
the City of Orono including previously platted land which is pro-
posed to be developed, shall be required to dedicate to the City
of Orono for park, playground and other recreational purposes in
addition to the requirements of any other ordinances, that per-
centage of land to which the application refers as set forth in
the following schedule:
Number of acres Percentage of land
per dwelling or market value to
Dwelling units per acre unit be dedicated
From But less than
0 .16 More than 5 Ac. 0�
.16 . 4 5 Ac. 1-1/4�
.4 . 8 2 Ac. 2-1/2�
.8 1. 8 1 Ac. l00
1. 8 2. 8 1/2 Ac. 11�
2.8 3.8 1/3 Ac. 12�
:i.8 4 .8 1/4 Ac. 13�
4 .8 5.8 1/5 Ac. 14�
5.8 UP 1/6 Ac. 15$
In no event shall the cash payment exceed $1,000 per dwelling unit
or be less than $250.00 per dwelling unit.
In the sole discretion of the City of Orono it may require a cash
payment based upon the fair market value of the undeveloped land
at the listed percentage, or a combination of land and cash dedi-
cation not exceeding the listed percentage. The fair market value
of the land shall be determined by the City Assessor and shall
reflect the value of the land after the subdivision, replat, or at
the time of the issuance of a building permit if the land has
already been subdivided, and the charges provided for herein,
or charges greater than those set forth herein and which were
in effect under previous ordinances, have not been paid. If
the developer of that land will provide recreational amenities
which would significantly reduce the demands for public recrea-
tional facilities to serve that development, such as swimming
pools, tennis courts, playgrounds and the like, then in the
sole discretion of the City Council, the amount of land dedi-
cated or cash equivalent may be reduced by an amount not to
exceed 250 of the amounts stated above.
(b) Timing of Calculation and Payment of Charges.
The requirements of this ordinance when applied to residential
developments shall be imposed at the time of the approval of the
subdivision, division or replat, or if the land has already been
subdivided and the charge has not been paid pursuant to this
ordinance, at the time of the issuance of a building permit for
a primary structure. The ordinance shall apply to all subdivi-
sions coming within the definition provided in Chapter 39, as
amended. Any land that is further subdivided, divided, or
replatted subsequent to the imposition of the requirements of
this ordinance, shall be subject to the requ�xeme�ts o� the
ordinance then in effect concerning dedicat�4n of l�nd �or
recreational purposes.
(c) Charges when Variance Requested. When an
application for a variance rom the platting provisions of the
subdivision ordinance is considered, or upon receipt of an appli-
cation for division or replat of land which does nat come within
the definition of a subdivision in Chapter 39, as amended, if
the City Council finds that the requested subdivision, division
or replat could reasonably be deemed to preclude the future plat-
ting of such land or parts thereof, the council may calculate and
require the appropriate amount of land, or cash in lieu of land,
to be dedicated ta the city for park, playground and recreational
purposes in accordance with the provisions of this ordinance.
(d) Dedication Not Required. Dedication will
not be required for any combination o lots into one lot on which
there is a dwelling unit already existing nor for any alterations
of existing lot lines which alterations do not result in an increase
of the number of building sites.
Section 2. This ordinance shall be published in the Orono
Sun and shall be effective upon publication.
Passed by the Orono Council this 8th day of March, 1976, by a vote
of 4 ayes and 0 nays.
Robert . Searles, Mayor
Walte . ens n
Clerk/Administrator
Published in the Minnetonka Sun
the day of , 1976.
� .
r
ORDII�TANCE �To. i s 5
AN ORDINANCE TO Ai'•1END THE MUNTCIPAL
CODE OF THE CITX OF ORONO BY ADDING
CERTAIN SECTI�NS RELI�,TTNG TO MULTIa .
PLE DWELLINGS IN THE CITY OF 0120N0
THE CITY COUNCIL OF THE CITY QF �RONO ORDAINS :
Section 1. The Municipal Code of the City of Orono is
amended by adding the following sections:
34e950. M-6 : Multiple Family Planned Residential Uistrict
34 . 951. M-6 : Purpose. The M-6 Multiple Family Planned Resi�
d�ntial District is intended to pravide a d�strict which wi1l
allow multiple dwellings in those areas where such development
fits the City' s Comprehensive Land Use Plan, where properZy
related to other land uses, where there is immediate access to
adequate existing arterial highways and pubiic sanitary sewer
and zn no case where located within 1 ,000 fe�t of the Lake
Minnetonka. Rezoning of an area to the M-6 Multiple Family
Planned Residential District shall compl� with Comprehensive
Land Use Plan or may be allowed only after the Comprehensive
Land Use Plan as amended to show the possibility of the future
rezoning of that area to the M-6 Multiple FamiZy Planned Resi-
dential District. Design and development shall follow the
spirit and intent of the land use objectiv�s of Section ITI-5A af
the Comprehensive Land Use P1an as adopted D�cember 2 , ].974 , and
the Guiding Principles of Section 30. 020 of the Orono Zoning Code.
34 . 952. M-6 : Permitted Uses. W�thin the M-6 Multiple Family
Planned Residential District, no land or structures shall be
used except for one or more of the following uses :
One family detached dwellings as regulated in the
R-1B District.
Public owned parks and playgrounds.
34. 953 M-6 : Conditional Uses. Within any M-6 Multiple Family
Planned Residential District , no structure or land shall be usEd
for the follo•,aing uses excEpt by Conditional Use Permit :
Any conditional use as regulated in the R-1B District and
as further regulated in the M-6 Nlultiple Family Planned
Residential District.
Multiple Family Planned Residential Project (MFPR Pro�ect)
34 . 954 M-6 : Accessory Uses. Within any h1-6 Multiple Family
Residential District, the following uses srall be permitted
accessory uses :
Any accessory use except for "Roadside Stands" as
regulated in the R-lA District and as further regulated
herein.
Privately owned buildings containing recreation or
social functions, garages, or storage areas far main-
tenance equipment or rub�ish.
34 . 955 M-6 : Area, Lot Width� Yard Requirements , Height and
Hard Cover Requirements. The following minimum or maxin�um
requirements shall apply to a11 buildings, includinq accessory
buildings except that p�rmitted, conditional and accessory
us�s of the R-1B District as allowed herein shall be regulated
by the R-1B District requirements.
34 .956 Minimum MFPR Project Area. An MFPR Project shall not be
allowed on an area of less than five acres. Areas of less than
five acres may qualify only if the applicant can show that the
minimum area should be waive3 because the proposed MFPR Project
is adjacent to an existing Project w�ich has been developed under
the provisions of this M-6 District and is designed to create a
larger, unified, physically integrated project, and will contribute
to the amenities of the naighborhood.
.
34 . 957 Density in MFPR Project. The minimum platted lat area per
d��elling building in an MFYR Project and the maximum number and
type of dwelling buildings allowed in a project are based on
the following factors :
A. Minimum lot areas as set forth in Sectian 34. 959;
B. The area of the platted lot which is dry and build-
able based on the Resource Component Analysis of
34. 973 (b) , less public right-of-way.
C. The number of be�rooms per dweZling unit.
D. The number of each type of d�aelling building.
E. Required setbacks.
F. Credits for housing for low and moderate income
individuals and families.
G. Required open space.
H. Hard-cover arease
-2-
. ,,
34 . 958 Maximum Percentage of D�.aelling Buildings by T'�pe in
M�PR Project.
Single Family 10 pe�cent
Two F'amily 40 percent
Three Family 80 percent
Four Family (maximum allowed) 80 percen�
34 . 359 Each Dwelling Building in an MFPR Project Shall be Platted
to Meeting the Following Minimum Lot Requirements.
Project Single Family Two Family Three Family Faur Fami
a. Lot area 5 ac. 6,000 sq.ft. 10,000 sq.ft, 16, 000 sq.ft. 20,Q00 sq
(dry
buildable
area)
b. Lot width 300 ft. 50 ft. 65 ft. 80 ft. 10Q ft�
(on public (on public or (on public (o;� public (on nuhl
street) private street) or pri"vate or pri'vate or pri'va
street) street) street)
c. Lot depth 300 100 120 120 120
F�ont 35sfeet 25 feet from public street right-of-way or private
yard from p4o- street easements.
ject
boundary
e. Side 30 feet Sum of side yards ta be 15 feet, one of which
Yard from pro- may be 0 feet, but minimum distance between
ject principle structures must be 15 feet unless
boundary attacr.ed on separate lots.
f. Side 35 feet 15 feet from public street right-of-way or private
street street easer�ents.
yard
g. Rear 30 feet 30 feet 30 feet 30 feet 30 feet
yard
h. Building 15 feet between principal buildings and bet�veen principal
Separa- building and accessory buildings on separate lots in project.
tion 1Q feet bet�veen principal and accessory buildings on same lat.
34 . 960 Minimum Platted Lot Area Required per Dwelling Unit (�U)
Based on Number of Bedrooms .
Efficie:�cy 4 ,500 sq. ft. (9. 7 DU/ac. or 48/5 ac . )
1 Br. Unit 6 ,000 sq. ft (7 . 3 DU/ac. or 36/5 ac. )
2 Br. Unit 7 , 500 sq. ft. (5. 8 DU/ac. or 29/5 ac. )
3 Br. Unit 9, 000 sq. ft. (� . 8 CU/ac. or 24/5 ac. }
4 Br. Unit 10, 000 sq. ft. (4 . 4 DU/ac. or. 2215 ac. }
However, not more than 20 percent af the d���e-.]_ling units in any
one Project shall be efficiencies . Not mor� than 40 percent of
the dwelling units in any one Project shall be efficiencies and
one bedroam units.
34 . 961 Height. Na structure or building sha11 exceed 2-1/2 stora_��
or 30 feet in height except as provided in S�c�ion 38. 9Q0.
34 . 962 Housing for Low and Moderate Income Persons and Families.
Tn MFPR Projects containing 50 or more dwelling units in all con-
struction phases, one dwelling unit of every 12 of the total
number of dwelling units sr.a11 be provided for eligible persons
or families in the low and moderate income range. This provision
may be waived by the City Council if:
(a) The percentage of existing low and moderate income
housing in the city exceeds the percen.tage of such
dwelling units in the Metropolitan area;
(b) Funds for su�sic3y program are not availa�le within
one year of application;
(c) The City Council determines that the MFPR Project
location is inappropriate for su�h dwelling units
because of the lack of public and private support
: services .
<
a. Density Credit : For all eligible MI'PR Projects providing
dwelling units for low and moderate income persons and families.
One additional dwelling unit will be permitted for each 12 d*rrell-
ing units allowed under the standard lot area requirements of the
M-6 District. .
b. Procedure: In order to provide low and moderate income dwell-
ing units, the applicant shall propose application (s) to the
Federal Housing Administration (FHA) of the United States Departme�t
of Housing and Urban Development, (or other source of subsidy
funds) under programs for homeownership (including condominiums) ,
rental or cooperative housing. The proposal sh�ll conform to
the guidelines established by the United States Department of
Housing and Urban Development with respect to cost limitations,
construction and other standards for development of moderate
income dwelling units under the applicable subsidy program(s) .
The applicant shall furnish any proposal and supporting documents
in the form of exchanges of correspondence with responsiblE
officials of the FHA (or other source of su�sidy funds) , togeth�r
with affidavits by the proponent reporting its discussions with
such officials, indicating, to the extent then possible, whether
-4-
there are uncommitted funds availahle £or projects to develop
low and moderate income dwelling uni�ts of the type proposed
as well as for other types of units for low and moderate income
persons and families.
c. Satisfaction of Requirement Without a Subsidy: An applicant
�ay propose to satisfy all or par_t of th� low and moderate income -
dwelling unit requirement without utilizing a government subsidy
program; provided, however, that prior to Final Plan approval
by the Council, the applicant clearly demonstrates and warrants
in writing that the proposal will benefit the same number of
families at the same income levels, and for the same ren�als or
prices, which the low and moderate income dwelling uni� require-
ments are intended to assure.
d. Architectural Design Requirement; The architectura2 design
of Low and Moderate Income Dwelling Units will be consistent with
the design of the overall MFPR Project and shall not be physicall�
separated, screened or in any manner made identifiable as distinct
from the rest of the develo�ment.
34 . 963 Hard Cover. The total hard cover on any one MFPR Prcject
shall not exceed 35 percent.
34. 964 M-6 Recreation and Open Space. MFPR Projects shall con-
tain an adequate amount of land for park� recreation or 1ocal open
space use�which shall be not less than ten percent of the Project
area, or the s'�m of the minimum floor areas based upon the number
of bedraoms in 34. 966 (c) , whichever is greater. The recreation
and open space shall be easily accessible to the dwelling unit (sj
it is intended to serve. The��Project area not eligible to meet
this requirement are driveways , parking areas , swamps, drainage
areas, sumps, public sidewalks , required yard areas and required
lot area required in 34 . 959.
34 . 965 Operating and Maintenance Requirements for Community
Re�reation and Open Space in M�PR Projects . Common Open Space
defined as that area of the pro�ect area set aside for the
use and enjoyment of all residents in the Project, inc�uding
residents of lots within a .Project which may be under private
ownership and on which lots there may or may not be private
open space) shall be subject to requiremen�s in 38 . 639 and
38 . 640.
34 . 96G Building and Site Design and Construction Requirements.
(a) A building permit for a multiple dwelling building
shall not be issued unless the a�plicant' s building plans ,
including the site plan, are certified by an architect
registered in the State of Minnesota stating that the
-5-
design of the building and site has been pr_epared under
his direct su�ervisi.on. I�ny bui]_ding of Type 1 or 11
construction, as provided in the State Building Code ,
shall have its electrical , mechanical and structural
systems designed by registered engineers . Provisions
of this paragraph shall in no way prohibit the prepara-
tion of the site plan by a proiessional sitE planner >
(b) Development within an MFPR Project sha11 contribute
to the image and heritage of Orono as a place of beauty,
spaciousness and high quality. Proposed buildings,
structures and site elements sha11 be in good proportion;
have simplicity of mass and detail; there sha11 be an
appropriate use of materials; calors shall be in good
taste and not use3 for dramatic eff_ect but in harmony
with themselves and their environment. The folloEaing
building materials will not be allowed on exposed exterior
wall surfaces: non architectually treated concrete
blocks or other structural blocks; corrugated metal �r
fiberglass panels; asbestos or asphaltic siding mater�_als;
materials that are su�ject to rapid det�rioration.
(c) Floor �rea Requirements : The minimum net floor
area requirem�nts per d:•relling unit for multiple dcvelling
buildings shall be as follo�vs :
` Efficiency Units 500 square �eet
One� bedroom units ?00 square feet
Two bedroom units 850 square feet
Three bedroom units 950 square feet
Four bedroom units 1050 square fect
Five or more bedroom units 1150 square feet.
For purposes of ineasurement, the net floor area of a dwell-
ing unit shall mean that area within a building used as
. � - a� -single dwelling unit, and shall be �easured fram the
inside of outside building walls to the center q� parti-
tions on the interior of the building bounding the dwelling
unit being measured, but sha11 not include public stairwaysr
public entries, public foyers, public balconies , or unen-
closed public porches, separate utility rooms, furnace areas
or rooms, storage areas not within the apartment, or garage�.
(d) Closets and Bulk Storage: Only closet space having a
xninimum clear finish to finish depth of 2 feet, 0 inches,
sha1Z be considered in determining the lineal feet of
closet provided. The follawing minimum amounts of
closet and bulk storage shall be provided for each
dwelling unit:
l. Efficiency units - 8 lineal feet of closet spaee
and 80 cubic feet of bulk storage.
-6-
2. One bedroom unit - 12 lineal feet of closet spac�
and lOQ cubic feet of bulk storage.
3. Two bedroom unit - 24 lineal feet o.f claset spac�
and 120 cubic feet of bulk storage.
4. Three or more bedroams � For each bedroom in e�cc,�;t
of two in any one dwelling unit, an additional 8
lineal feet of claset space and 20 cubic £eet af
bulk storage volume shall be requireda
(e) Sound : Party and corridor partitions and floor
systems shall be of a type rates by a laboratory regularly
engaged in sound testing as capable of accomplishing an
average sound transmission loss (using a 9 frequency tes�}
of not less than 50 deciblEs. Door systems between corri�
dors and dwelling units shall be of solid core construc-
tion and include gaskets and closure plates. Raom rela�
tionships, hallway d�signs, doar and �aindow placements
and plumbing and ventilating installations shalZ be such
that they assist in the control of sound transmission from
unit to unit.
(f) Projecting Air Conditioning and Heaiing Units : Air
conditioning or heatin� units projecting through exterior
wa�ls or windows shall be so located and desigr�ed that
they ne�ther unnecessarily generate or transmit sound
nor disrupt the architectural amenities of the building.
Units projecting more than four inches beyond the exterior
finish of a building E�all shall be permitted onZy with
the written consent of the building inspector, which sha1.1
be given when building structural systems prevent compliance.
(g) Trash Incinerators and Garbage : No exterior trash
or garbage disposal or storage shall be permitted. There
shall be no exterior incineration, and any storage shal].
be completely enclosed by caalls ar�d roofe
(h) Accessory Buildings : Accessary buildings including
structures for the storage of boats and recreational vehi-
cles shall ok;serve the same setback requirements established
for the residence buildir.gs. TI�a� Council may require
common a�alls for accessory buildings where common walls
will eliminate unsightly and hazardous areas. Accessory
buildings shall have the same extErior finish as the
grincipal structure and shall be designed and I.ocated
on the site in a manner c�hich corr�plements other site ele-
me�:ts and facilitie� .
(i) The p2-6 Distxict or any development therein may not be
adjacent to any One Family Lakeshore Residential District
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or within 1, Q00 feet of a Zake, or within 200 feet
of a wetland.
(j ) Elevation : No dwelling unit or any part thereof
may be built at an elevation lower than the elevation
of the ground at the base of the building.
(k) Entrances : Each dwelling unit sha11 have its oc���n
separate exterior access .
(1) Parking: There shall be pravided on the lot occupied
by the multiple dwelling buiiding two off-street parking
spaces per dwelling unit, one of which is an enclosed
parking space which may be located ir, or under the
multiple dwelling building; detached from the principal
building if its location serves some beneficial screening,
buffering or transitional function; or else completely
underground. In addition, . 25 parking spaces per dwelling
unit shall be provided for guests, and shall be lacated
conveniently for the units they are intended to serve.
The main parking areas sha11 be surfaced wi�kh a hard,
all-weather, durable dust-free surfacing material and
shall be properly drained and landscaped and shall be
maintained in a well-kept condition. No parking area
shall occupy any required Project yard area, nor shall
it be located closer t:�an five feet to a side or �ear
lo_� line, nor closer than ten feet to any principal
buildir�. Each parking space shall have a minimum
width of 9 feet and a minimum depth of 2QQ feet exclusive
of aisles and manuevering spac�, Al1 parking areas
containing more than six spaces which adjoin either a
public street or residentially zoned property sha11 have
a solid wall or fence af not less than three feet nor
more than four and one-half feet in height along such
adjoining line. Such fences or wa1ls shall be so designed
that they are architecturally harmonious with the principa�
structures on the lot. A screen planting approved by
the Council may be substituted for the required wall or
fence. Guest parking stalls shall be easily accessi�le to
or from the main entry of the multiple d�aelling building.
No street parking shall be permitted.
(m) Internal streets : All minor internal streets sr,a�.l
be owned and maintained by the owner of the Project, by
a Homeowner's Association or by any other agency or
method deemed appropriate by the City Council . Permanent
easements 50 feet in width shall be provided as required
by the City Council for all private streets. Collector
streets which may be required to maintain neighborhood
continuity of circulation between MFPR Projects or with
other adjoining development sha11 be provided with a public
right-of-way.
_g_
(n) Outside Storage ; No hoats , recreational vehicles over
20 fect in length, maintenance vehicles or other similar
bulky objects shall be permitted on th� Project area unless
completely enclosed in a building or in an area completely
enclosed by a fence of such opacity and height to obscure t�e
stored contents from any living or pedestrian areas on or azaizrid
the Project area. Required garages or parking areas sh:al7 r,at:.
be used for the storage of such objects or vehicles.
(o) Landscaping: All �pen areas of the Project or individual,
platted lots within the Project sha11 be graded to provide
proper drainage, and except for areas used for parking, drzves
or starage, shall be landscaped with trees, shrubs or planted
ground cover. The natural la�dscape shall be utilized where
possible and reinforced with additional landscaping that is
compatible �aith and complementary to the various use areas
and functions of the site, the structural additions to the site,
development on neighboring properties and the adjacent public
streets and highways. Landscape materials shall be of ade-
quate size to contribute ta the environmental quality at
initial planti.ng as well as at maturity. Gen�rally new plant
material shall be of the following sizes : deciduous overstary
trees - 3 inch caliper; deciduous ornamental trees - 2 inch
caliper; evergreen trees - 6 foot height; evergreen shrubs -
24 inch spread or height, dependent on form; deciduous shrubs --
3 feet height. Lawn areas other than natural landscape areas
shall be �odded.
Such landscaping shall conform with the plantinq plan
approved by the City Council at the time the building permit
was issued. It shall be the owners ` responsibility to see that
this landscaping is rc�aintained in an attractive and weTi-
kept condition. All vacant lots, tracts or parcels shall
also be prope�ly maintained.
34. 970 Application Review and Administrative Procedure.
34 . 971 General Procedure. The general procedure for applicatian,
review and action on any Multiple Family Planned Residential
Froject shall be according to the folla�,aing outline, with
more detailed requirements found in the remainder of this sub-
division. 5ingle family detached dweliing are excluded from
the review pracess.
(a) Application, filing fee and six copies of the
Preliminary Plan are to be filed with the Planning Commis-
sion through the Zoning Administrator at ieast 30 days prior
to the public hearing date.
(b) Public hearings shall be held by the Planning Commission
for all Projects.
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(c) Planning staff revieoTs Preliminary Pian and transmits
copies of review to Planning Commission members, City
Administrator, Park Board , affected surrounding municipal-
ities and other appropriate agencies and appiicant at least
five days before public hearing before Planning Commission.
(d} Planning Commissian holds public hearings on Preliminar.y
Rlan.
(e) Planning Commission makes recommendations for action on
Preliminary Plan.
(f) City Council acts on Preliminary Plan.
(g) Applicant submits Final Plan within ninety days of
Preliminary Plan approval and fourteen days prior to Fina1
Plan review at Planning Commission meeting.
(h) The Zonzng Administrator transmits copies of the Final
Plan to the Planning Commissicn, Parr Board, Planning Staff,
C ti y Engineer, Building Inspector and Fire Chief.
(i) Planning Staf� reviews Final Plan and mares recommenda�
tion to Planning Commissicn at least five days before meeting.
(j) � Planning Commission reviews Fina1 Plan, recommends
action to City Cauncil ,
(k) If City Council approves Final Plan, Zoning Administra-
tor changes the zoning classification on the Off_icial Zoning
Map, as required, and files the Final Plan for �nforeement.
34 .97.2 Application for an MFPR Pr�je�t shall be made by the
owner of the property except �hat an option holder may apply
provided his application is accompanied by a signed statement
indicating no objections fram the owner or owners of a11 properties
involved in the application.
34 . 973 Application for a Preliminary Plan shall be filed with
the designated Administrative Official and 5ha11 be accompanied
by six (6) copies of the following plans and information :
(a) Location maps showing location within City and more
specific location on a half section plat map sho�ving all
surrounding property lines within three hundred fifty
(350) feet of the proposed plan.
(b) Resource Component AnalysiS (RCA) . The purpose of the
RCA is to determine specific design features of a Praject that
will minimize the detrimental effect af development on the
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natural and man-made environment. Opportunities and
constraints imposed by or on the si.te will be key con-
siderations in the City ' s Project r_eview proc�dures .
(1) Natural Elements in the RCA shall include documeni.��-
tion and analysis of eYistzng canditions and re�.atian--
ships and a projection of the effect t:ze propose� -
development will have upor�a Vegetation (forests and
woodlands, wetlands, and grasslands) ; Geology and
Soils (bearing capacity, erodihility, and permeabilzty} ;
Slopes and Topography (slope stability, landscape
features, and development potential) ; Hydrologic
Systems (surface and groundwater, wetlands� flood
plans, and absorption) ; Wildlife (natural habitat,
variety, and preservation-protection) .
(2) Man-made Elements in the RCA include dacumentatio��
and analysis of the factors that affect development
either providing opportunities or constraints, includi��g
Community Facilities (schools, parks and city servzcesr
such as fire and police protection, etc. ) ; Utilities
(sanitary sewer, starm sewer� water, electric trans-
mission lines, etc. ) ; Circulation (vehicles and
pedestrian) ; Surrounding Development {character,
transition/buffers, orientation/access, scale/bulk, and
buiiding materials) .
(c) If p�.atting of public streets or divisian of land are pro-
posed, a11 information required in the Subdivision Regulatior,s
far a Preliminary Plat. �
(d) Genera.l development plan with existing topography at
two foot contour interval.s indicating:
(1) The proposed site and existing developm�ent on
adjacent properties .
(2) All types of uses proposed.
(3) Proposed size, location and arrangement of build-
ings and preliminary architectural delineations including
but not limited to schematic building plans and
elevations.
(4) Density or intensity of each type of use.
(5) Parking areas and stall arrangement.
(6) Entrance and eait drives.
(7) Schematic landscaping sho��inc� tr�e :nassing,
typical plant groupings, and screen plantings, etc.
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(8) Park and open spacE lands .
(9) Dimensions.
(10) Proposed schematic drainage and utility systems .
(e) Summary sheet indicating :
(1) �rea af land ir, each use of each separate intensi'cy
of use.
(2} Number of dwelling units proposed including -number a
bedrooms in each area in d-3 ahove.
(3} Tabulation of parking facilities by type related
to number and type of use servede
(47 Number of acres and general intended us� and
ownership of open space.
(5) Modi�ications of any provisions of this ordinance
and any other ordinances codes, or regulations oi
the City of Orono.
(f) Phasing Plan indicating geographical staging and approx-
imate timing of the Plan or portions thereof.
(g) =: Written statement by the applicant indicating how his
proposed �evelopment conforms to the stated objectives and
purpose of this ordinance and the Orono Comprehensive Plan
and wYiy his proposal would be in the public interest.
(h) Fee for filing an MF'PP, Project application which includes
the fees, if required, for subdivisicn; newspaper pub�ica-
tions of the public hearing; mailing of notices to awners
within three hundred fifty (350) feet and staff reports
shall be as dEtermined by resolution of the City Council
and may be varied from time to time.
34. 974 Plann.ing Commission Study and Review of Preliminary Plan.
(a) The Planning Commission shall make its recommendations
to the City Council for Project approval, approval with con-
ditions, or denial. Sucr, recommendations shall be made within
60 days of the initial hearing unless the applicant files a
written request to the Planning Commission for delay. If
the Planning Commission does nat make its recommendations
within the specified time period and a delay has nat been
requested by the applicant, the City Council may take action
on the request by the applicant.
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(b) The Planning Commission shail be responsib.le for evalu-
ating the project in terms of maintaining the desirable char�
acter of the City, the neighborhood and szte. The Flann�ng
Commission shall forward to the City Council its recommenda�
tions based upon evaluation of the follo�ing considerations :
(1) Relationship to thc Res�urce Comnonent Analysis :
Are the features preserved, protectcd or
enhanced; or are they diminished, destroyed
or exploit�d? _
(2) Contribution to the existing desirable qualities
of the neighborhood :
Are the local factors af traffic movement,
safety, convenience, appearanc� and ge�zeral
cha.racter strengthened?
(3) Tntegration of the various site components :
Are the locations and arrangements of the
various development elements functianally
and aesthetically related to each other_ as
well as to th� neighborhood setting?
(4) Implementation of the City 's Comprehensive Plan
and specific Community Objectives :
Does the project help correct a deficiency
in the balance of community or neighborhood
� development?
Does it integrate or provide a transition
between otherwise incompatible areas of exist-
in5 or proposed development?
(5) Compatibility �vith characteristics af adaacent
development:
Are visual features, such as overal] scale�
bulk, height, building materials � Iandscaping�
color, and open space in harmoney with each
other and with surrounding development?
Are essential but adverse huilding and site
elements properly screened or obscured from
neighboring property and public places?
(c) A finding that any of the above does or does nat exist
shall not solely be cause for a project ta be unacceptabl�,
but further that it is of such a nature as to produce one
or more of the following harmful effects on occupancy of
the proposed development or on immediate or neighboring
areas :
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(1) Adversely affects the benefits and desirability of
occupancy;
(2) Diminishes the stability and taxable value;
(3) Prevents the most appropriate use of real �state and
resources and the most appropriate development;
(4) Produces degeneration of property;
(5) Produces adverse conditions on �he publi� health,
safety and welfare.
34. 97�5 The Planning Commission and City Council may from time
to time amend or vary the application and review procedures
and the amount and type of documents to be presented.
34 . 976 Final Plan Review.
(a) Before a Building Permit is issued for any structures
within the proposed site, Final Plan of one or more
stages in accordance with Buildzng Permit requirements and
requirements contained in this section, shali be su�mitted
to the Planning Commission for rev�ew and recommendation and
to the City Council for ap�roval .
(b) ° A Final Plan snall be sub��itted with an applicatian for
Final Plan approval �•�ithin ninety (90) days after City
Counci pl a groval of the Preliminary Pian unless a written
request for an extension is su�mitted by the appiicant.
If an application for final approval or a request far an
extension is not received with ninety (90} days, the
Preliminary Plan will be considered abandoned and a new
application for a Preliminary Plan must be submi.tted fQllo��v-
ing the Preliminary Pian procedure. There shall be maxiraum
extensions of not more than one (1) year.
(c) The application for Final Plan (ar for any stages of
the Final Plan) approval shall be accompanied by a legal
description of the total property together with copies of the
following plans and data:
(1) A plan with locations of all structures including
placement, size and type with existing topography
showing two foot contour intervals or spot elevations
on a one hundred (100) foot grid if such contours
are over one hundred (100) feet apart.
(2) Final architectural plans as required for building
permit application. Plans for detached single family
dwellings may be submitted directly to the Building
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� � -
� Inspector for approval unless part of an MPPR
Project.
(3) Elevations or sections through thc site which
will best indicate the relationship of the buildings
with the various terrain features and site elements�
(4) Grading and drainage plan at two foot coni.our
- interval or spot elevations on a one hundr_ed (100a -
foot grid if the two foot contours are over on�
hundred (100) feet apart. -
Site and drainage plans sha1Z be submitted by the
applicant in such detail as required by the Counca.l
and those plans sha11 be reviewed by the C�:ty Fngineer.
� ' before submission to the Planning Comznission and Cour�cil
for approval. No project shall be permitted that
results in water runoff causing flood� erosion, ox
deposits on adjacent properties. Such runof.f may be
required to be properly channeled into a natural �vat�r_
course, ponding area , storm drain or other public
facilities . Any change in grade affecting water ru�Off
whether onto ad�acent property or otherwise must be .i_n
compliance with the Surface ��later Management P1an
and shall be consistent with other applicaalc- regula--
tions or ordinances and suhject to the approval of
other agencies having jurisdiction over the area
affected by the drainage.
(5� Utility plan for ail publi� utilities �nd
indica-cion of private utility service.
(6) Landscape plan showing species and sizes of a1Z
plunt materials.
{7) Legal descriptions of proposed zoning district
boundary changes.
(8) Deed restrictions , covenants, agreements , by�
laws of proposed Homeowner' s Association and other
documents controlling the use of propzrty, typ� of
construction or development or the activities of
�uture residents.
� (9) A Title Opinion by the attorney for the applieant
addressed to the City of Orono showing that as of the da�E
of the fa.li.ng of the Final Plan the applicant has fee tit:
to the propert��, subject to outstanding easements and
mortgages , or showing that applicant has a right to fee
title to the property pursuant to a purchase agreement.
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(10) The applicant certifies on the Final Plan and an
any Resolution adoptir�g the Fir.al Plan that the appl�_--
cant agrees to bind himself , his successors and assigns
to the Final Plan and to limit the development of the
property in accor.dance v�ith the Finai P1an .
� (11} The procedures for approving and rec.ording o� .
final plats and Resolutians shall be followed if the
Final Plan involves platting or div�sion of land or the
platting of pub�ic streets .
(12) Any other information which is necessary ta
fully represent the intentions of the Preliminary
Plano
(d} The Planning Commissior� shall revie��� the Final P1an a�
its first regularly scheduled meeting which occurs at least
fourteen (14) days after filing of the application for
� Final Plan approval.
(e) The Final Plan shall be in substantial compliance with
the approveel Preliminary Plan. Substantial compliance shall
mean :
(1) The number and location of the dwelling
-_ units has not bee:� changed.
a
(2) Open space has not been decreased or altered ta
change its original intended design or use.
(3) All streets, utilities and other spec.ial con-
ditions prescribed on the Preliminary Plan hy
the applicant or any of the r�viecaing bodies
have been incorporated into the Final Plan.
34. 977 Tf the Final Plan includes a zoning changer the
Final Plan is attached t� and is thereafter a part of the
ordinance establishing the zoning changee The Zoning
Administrator shall then change the zoning classification
on the Official Zoning Map if a zoning change was made and
issue a Building Permit in conformance with the Final Plan
as a�proved.
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, � • + .
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Passed by the Orona Council this 14th day of June,
1976, by a vote of 4 ayes and 0 nays.
/s .��,�C Z`/�,-�
Robert L. Searles, Mayor
/s
Wal er R. ,
Clerk/Admin' trator
i
:
Published in the j�ayzata-
Orono Sun on the day
of , 1976
ORDINANCE NO. 186
AN ORDINANCE TO AMEND ORDINANCE NO. 183
, TO DECREASE SIZE OF THE PARK COMMISSION
� Section l. WHEREAS, the City of Orono Park Commission
was formerly composed of nine members; and
WHEREAS, the Park Commission has only seven members
presently,
NOW, THEREFORE, BE IT RESOLVED, that the Council of the
City of Orono hereby designates that Park Commission shall be
composed of seven member�.
Section 2 . This ordinance shall b� published in the
Lake Minnetonka Sun and shall be effective upon publication.
Adopted by the Orono Council this � day of ,
1976, by a vote of 4 ayes and 0 nays . " .
,r� �
+ � �
�� �
Robert L. Searles, Mayor
Atte t:
�
Walter n n
Clerk/Ad nistrator
PUBLISHED IN THE LAKE MINNETONKA SUN ON
THE day of , 1976 .
v A
s �
ORDINANCE NO. 187
AN ORDINANCE TO AMEND CHAPTER 63, SECTIOr7S 63. 010,
63.020, 63.030 and 63.150 OF THE MUNICIPAL CODE OF
ORONO REQUIRING LICENSES FOR DOGS, ESTABLISHING
LICENSE FEES AND REQUIREMENTS FOR TH� ISSUANCE OF �
DOG LICENSES AND ESTABLISHING FEES AND REQUIREMENTS
FOR THE REDEMPTION OF DOGS.
THE CITY OF ORONO ORDAINS:
Section 1. Chapter 63 of the Municipal Code of the City
of Orono is amended by amending Sections 63.010, 63. 020, 63.030
and 63.150 as follows:
Section 63.010. Lot. Any lot for which a deed or
registered land survey has been recorded in the office of the
Registrar of Deeds or the Registrar of Titles for Hennepin Caunty,
Minnesota or comf�ination of lots necessary to meet the minimum
lot area for the Zoning Code for that use district.
Section 63.020. License Required. No person shall own,
harbor or keep a dog over the age of six months unless a current
I.icense for such dog has been obtained as herein provided; except
also that any dog kept for, or by, a blind person and recognized
as a guide or seeing-eye dog shall be exempt from this provision.
The owner of any dog brought into the City of Orono shall immediately
procure a license for such animal. Dog licenses shall be valid
for the whole or unexpired portion of the two-year period ending in -
January Z of the next odd numbered year following the first effective
date of the license.
Section 63.030. License Fees and Requirements. Dog
licenses shall be issued by the City Clerk upon presentation of a
current, valid rabies vaccination certificate and upon payment of
a license fee of $8.00 if issued in an odd numbered year and $4.00
if issued in an even numbered year. Dogs confaned t� � kennel need'
not be licensed, provided that such kennel is licensed as provided
by Section 63.180.
Section 63.110. Public Nuisance. The keeping of more
than two dogs over the age of six months on any one lot oz combination
of lots necessary to meet the minimum requirement of the Zoning Code
for that use district, except by special permission of the City
Council, shall be deemed a public nuisance and unlawful. The keeping
of a dog or dogs that annoy other persons by barking, howling or
baying between the hours of 10 : 00 p.m. and 6:00 a.m. shall be deemed
a public nuisance and unlawful; and upon the written complaint of two
or more neighbors sha11 be abated upon order of the City Council
within 48 hours.
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�
Section 63.150. Redemption of Dogs. Whenever a dog
is picked up by the M.A.P.S.I. , or any other duly authorized
agent of the City, if such dog has an identification tag the
owner shall be notified immediately by M.A.P.S.I. Any dog not
claimed by the registered owner within a period of not less
than five regular business days may be sold for not less than
$2. 00 or otherwise disposed of in accordance with Minnesota
Statutes, �35.71.
Before any dog is released, the owner shall pay, in
addition to any other penalties and the kennel charges, the
following:
First Offense $20.00 -
Second Offense $30.00
Third Offense $40. 00
Fines imposed by this schedule shall be based upon offenses
occurring within any one calendar year.
Section 63.160. Observation of Dog After Biting. Any
person knowing of a case of a human being bittin by a dog shall
immediately notify the dog warden or chief of police, who shall
then impound the dog for a period of ten days at the expense of
the owner of the dog before surrendering the dog to its owner.
The owner of the dog may have the opportunity to choose the
veterinarian kennel where the dog will be impounded.
Section 63.180. Dog Kennels, License. No person shall
operate a kennel without being licensed under this section.
Application for such kennel license shall be made to the City .
Clerk, and sha11 be accompanied by a license fee of $100. The
Clerk shall refer the application to the City Council who may
grant or deny it. Licenses shall be issued on an annual basis,
expiring on r�arch lst each year.
Section 2. This ordinance shall be published in the
Lake Minnetonka Sun and shall be effective upon pubZication.
Adopted by the Orono Council this 8th day of November,
1976, by a vote of 3 ayes and 0 nays.
��� ' �
����_�Q..��
Robert L. Searles, Mayor
Atte t:
Walter R. enson
Clerk/A nistrator
PUBLISHED IN THE I,AKE MITINETONKA SUN OIJ
THE DAY OF , 1976.
� = .
rs • �
�� .
ORDINANCE N0. 188
AN ORDINANCE TO AMEND THE MUNICIPAL CODE
OF ORONO BY ADDING TO THE ZONING CODE
SECTION B-5 LIMITED NEIGHBORHOOD BUSINESS
DISTRICT
Section l . The municipal code of the City of Orono is
amended by adding to Section 33.010 a "B" Business District
as follows:
B-5 Limited Neighborhood Business District
Section 2. The municipal code of the City of Orono is
amended by adding Sections 35.400 through 35. 449 as follows:
35 .400 . B-5 Limited Neighborhood Business District.
35.401. B-5: Purpose. The II-5 limited neighborhood
business district is int ne ded to provide a district for
businesses that supply commodities or perform a service
primarily for residents in the surrounding neighborhood,
which businesses are not high traffic generators and do
not necessitate an inordinate amount of hardcover. The
district may adjoin residential districts or other business
districts which are subject to more restrictive controlsr
� The district shall have immediate
access to adequate highways and public sanitary sewer. Be-
cause of the location of the B-5 district as contemplated in
the area known as Navarre in the City of Orono, 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.
35.402. B-5: Application. All applications for a
building permit in any "B-5" limited neighborhood business
district shall be reviewed by the council and referred to
the planning commission for review.
35. 410 . B-5: Permitted Uses . Within any "B-5" busi-
ness district, no structure or land shall be used except for
one of the following uses or uses deemed similar by the
council:
Municipal buildings
Offices
Clinics
Art and school supply store
Book and magazine store
Office supply store
Banks, loan company, insurance company, real estate office
�. '
� r �
Barbershop, beauty shop
Camera and photograph supply store
Locksmith
Hobby shop
Gift store
Glassware and pottery
Antique store
Jewelry store
Watch repair
Library
Museum
Record shop
Music store
Tobacco shop
Galleries
Pet shop.
35.420 . B-5: Conditional Use. Within the B-5 limited
business district, no structure or land shall be used for one
of the following uses except by conditional use permit:
Candy, ice cream, popcorn, nuts, frozen desserts, soft
drink store
Drycleaning store
Tailor shop
Pressing and shoe shine shop
Laundry and cleaning pick-up stations
Home and garden equipment rental
Veterinary clinic �
Kennels .
35.421 . Off-street Parking. 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 38 .110 and other such
conditions as found necessary by the City Council.
35 .422 . Public Service Structures . Including, but no t
limited to, electric transmission lines in buildings such as
telephone exchange stations, booster or pressure stations,
elevated tanks, lift stations and electric power substations .
35. 430 . B-5: Accessory Uses . Within any "B-5" Limited
Neighborhood Business District, the following uses shall be
permitted accessory uses :
35 .431. Garages, etc. Private garages, off-street park-
ing and loading spaces, as regulated in the Zoning Code.
35 .432 . Siqns. Siqns, as regulated in the Zoning Code.
35 .433. Temporary Buildings. Buildings temporarily
located for purposes of construction on the premises for a
period of not to exceed time necessary to complete said
construction.
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35 .434 . Landscaping. Decorative landscape features.
35 .435. Fences . Fences, as regulated in the Zoning Code.
35. 436 . Incidentals . Any incidental repair or processing
necessary to conduct a permitted principal use, provided that
the incidental use shall not exceed 30$ of the floor space of
the principal building.
35 .437 . Public Telephone Booths.
35.440 . B-5 Area, Height, Lot Width, Set-Back Require-
ments and Design Requirements .
35 .441. Area. The minimum lot size shall be 20, 000
square feet.
35.442 . Lot Width. The minimum lot width shall be 100
f eet.
35 .443. Front Yards . The minimum front yard shall be
20 feet.
35. 444 . Rear Yards. The minimum rear yard shall be
30 feet; side yard adjacent to "R" District shall be 15 feet;
side yard adjacent to street shall be 10 feet.
35.445 . 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, 35 feet to
side lot line adjacent to street; except abutting or across
the street from an "R" District, no building shall be less
than 35 feet from such lot line.
35. 446 . Fencing. Wherever a "B-5" Limited Neighborhood
Business District abuts an "R" District, along the side or
rear Iot line, a fence or compact evergeen hedge no less than
50% opaque nor less than 6 feet in height shall be erected
along the abutting lines except within the required front yard.
35. 447 . Building Design and Construction. In addition
to other restrictions of the Zoning Code, the use, construction,
alteration or enlargements to any building or structure within
the district shall meet the following standards:
(a) All exterior wall finishes on any building shall be:
(1) Face brick, or
(2) Natural stone, or
(3) Specially d�signed precast concrete units if the
surfaces have been integrally treated with an applied
decorative material or texture, or
l
I
► ` , • ,
.. . •
(4) Factory fabricated and finished metal framed
panel construction, if the panel materials be of
any of those noted in paragraphs (a) (1) , (_a) (2) ,
and (a) (3) above, or glass .
(5) Other materials as may be approved by the Council.
Combinations of such materials shall be permitted.
(b) Al1 subsequent additions and outbuildings constructed after
the erection of an original building or buildings shall be
constructed of materials comparable to those used in the
original construction and shall be designed in a manner con-
forming with the original architectural design and general
appearance.
(c) 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.
35 .448 . 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
water course, 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 ordinances
and subject to the approval of other agencies having juris-
diction over the area affected by the drainage .
35 .449 . Height. No structure or building shall exceed
2 1/2 stories or 30 feet in height except as provided in
38.900 .
Section 3. This ordinance shall be published in the Lake I�iinne-
tonka Sun and shall be effective upon publication.
Passed by the Orono Council this 22 day of November ,
1976, by a vote of four ayes and zero nays.
�
.'Ul� iG � �Cv
C ��f /! �, �aalter B. Massenqale, Acting Mayor
�� �
Walter enson,
Clerk/Adm' nistrator Published in the Lake 1�4innetonka Sun
the day of , 1976 .
�
ORDINANCE N0. 189
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
ORONO BY AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ORONO BY REZONING CERTAIN PARCELS
OF LAND IN THE NAVARRE AREA OF THE CITY OF
ORONO FROM LR-1-C-1 to B-5
The City Council of the City of Orono Ordains:
Section l. The municipal code of the City of Orono is
amended by amending the official zoning map and boundaries for
portions o� the LR-1-C-� One Family Lakeshore Residential
Subdistrict to B-5 Limited Neighborhood Business District.
The following described properties are hereby rezoned
from LR-1-C-1 One Family Lakeshore Residential Subdistrict to
B-5 Limited Neighbornood Business District.
Property One: Lots 15 and 16, Block 6, Navarre Heights.
Property Two: Part of Lot 8, Streaters Spring Park Addition.
Property Three: South 233 feet of East 140 feet of jaest 340
feet of Lot 8, East of Streaters Spring Park
Addition except road.
Section 2 . This ordinance shall be published in the Lake
Aqinnetonka Sun and shall be effective upon publication.
Passed by the Orono Council this 22 day of November ,
1976, by a vote of four ayes and zero nays .
�
�U�u,�� Cia�. �
, -
1 �aalter B. Massengale, Acting R4ayor
� �
Walter . s ,
Clerk/Admi istrator
Published in the Lake Pginnetonka Sun
on the day of , 1976 .
ORDINANCE NO. 190
AN ORDINANCE ESTABLISHING A MORATORIUM
ON THE GRANTING OF VARIANCES FOR FILL AND
EXCAVATION PERMITS OR OTHER AUTHORITY TO
ALLOW FOR FILLING OR EXCAVATING IN ANY MAN-
NER IN ANY OF THE MARSHES AND WETLANDS
IN THE CITY OF ORONO
THE CITY COUNCIL OF ORONO ORDAINS:
The Municipal Code of the City of Orono is amended by
adding Ordinance No. 190:
Section 1. 5tatement of Policy. The Council finds that
the City is presently faced with the potential of numerous filling
and excavating permit applications for filling and excavating in
the marshes and wetlands of Orono, and it is necessary to adopt
amendments to the Zoning Code in order to achieve the goals of
providing the City with satisfactory tools to guide filling and
excavating in marshes and wetlands and to enable property owners
to develop new uses which are not adverse to marshes and wetlands.
The Council also finds that such amending is a process that cannot
be accomplished until numerous detailed studies have been completed
and hearings held. During this interim period, it is desirable
that the Council establish guides for the benefit of those who
wish to develop property in order to bring about savings in public
and private expenditures and to provide to the public guides to
future City action.
The Council determines that there is an urgency involved
because of the need to control filling and excavating in marshes
and wetlands during the interim period so that the benefits of
proper planning will not be lost, to prevent the destruction
of the marshes and wetlands, and to preserve the status quo
pending adoption of these measures so that the City will not
be impaired in its ability to effectuate the purposes and goals
of these planning efforts.
Since enactment of an amendment will undoubtedly modify
existing regulations concerning filling and excavating, the
granting of various filling and excavating permit applications
during this interim period would be detrimental to the effectuation
of the comprehensive plan and contrary to the purposes of the
zoning enabling act, Minnesota Statutes, �462. 351 et seq. The
Council further finds that it would be unwise, improper and unjust
to allow individual filling and excavating to occur during this
study period to avoid discrimination and unfair advantage to a
few to the detriment of the entire City. Therefore, the Planning
Commission's discretionary authority to grant permits or approve
applications described herein shall not be exercised during the
limited term of this ordinance.
Section 2 . Restrictions on the Granting of Filling and
Excavation Permits and Applications. No filling or excavation
permits, conditional or special use permits, variances or other
authority for additional filling or excavating in the marshes
and wetlands within the City shall be granted for any purpose
which would be inconsistent with the intent of this ordinance.
Section 3. Restricted Area. The entire City of Orono
shall be subject to the restrictions of this ordinance.
Section 4 . Duration. This ordinance shall expire July 1,
1977, without Council action, or it may be repealed earlier if the
Council determines that the requisite studies have been completed
and adopted and that appropriate evaluation and action, including
any necessary revisions of the Zoning Code, have been finalized.
Section 5. Separability. Every section, provision or
part of this ordinance is declared separable from every other
section, provision or part; and if any section, provision or part
thereof or action taken hereunder shall be held invalid, it shall
not affect any other section, provision or part.
Section 6. This ordinance shall be published in the Lake
Minnetonka Sun and shall be effective immediately upon publica-
tion.
Adopted by the City Council of the City of Orono the /`/
day of February 1977, by a vote of S ayes and l� nays.
�
illiam B. Van Nest, Mayor
�---
� Walter . Benson
Clerk/ ministrator
�
.
, ORDINANCE N0. 191
AN ORDINANCE ESTABLISHING A MORATORIUM ON THE
GRANTING OF ANY BUILDING PERMITS, REZONING
APPLICATIONS, CONDITIONAL OR SPECIAL USE
PERMITS, VARIANCES OR OTHER AUTHORITY TO
ALLOW FOR THE SUBDIVISION OF LAND FOR PARK
PURPOSES OR THE CREATION OF PUBLIC PARKS IN
THE CITY OF ORONO.
THE CITY COUNCIL OF ORONO ORDAINS:
The Municipal Code of City of Orono is amended by
adding ordinance No. 191:
Section 1. Statement of Policy. The Council finds
that the City is presently faced with the potential of develop-
ment of public parks in the City of Orono by governmental
agencies other than the City of Orono and by the potential gift-
ing of numerous parcels of property to the City of Orono for
park purposes and finds that the existing zoning code does not
adequately provide the necessary safeguards to insure the health,
safety and welfare of the citizens of Orono in relationship to
the proper development, control and policing of the public parks
that have been created in the past and may be created in the
future by other governmental agancies and by the City of Orono.
The Council also finds that it is necessary to amend the zoning
code to provide for the necessary safeguards. Prior to such
amendment, there is a need for numerous detailed studies concern-
ing what sort of safeguarcis and restrictions that are necessary
on any public park and it is necessary to complete those studies
and public hearings. During this interim period, it is desirable
that the Council prohibit any creation of additional parks so
that the benefits of proper planning will not be lost during
the interim period, to preserve the status quo �ending adoption
of these measures so that the City will not be impaired in its
ability to effectuate the purposes and goals of these planning
efforts.
Since enactment of amendments will undoubtedly modify
existing regulations concerning the creation and governing of
public parks, the granting of any applications or the creation
of any parks during this interim period would be detrimental
to the effectuation of• the comprehensive plan and contrary to
the purposes of the Zoning and Enabling Act, Minnesota Statutes,
S462.351 et seq. The Council further finds it would be unwise,
improper and unjust to allow individual creation of parks during
this study period.
Section 2. Restrictions on Granting of Permits and Crea-
tion of Parks. No granting of permits, conditional or special use
permits, variances or other authority for creation of additional
public parks or the granting of land for public parks shall be
granted for any purpose which would be inconsistent with the
intent of this ordinance.
Section 3. Restricted Area. The entire City of Orono will
be subject to the restrictions of this ordinance.
Section 4. Duration. This ordinance shall expire July 1,
1977 without Council action, or it may be repealed earlier if the
Council determines that the requisite studies have been completed
2
and adopted and that appropriate evaluation and action, includ-
ing any necessary revisions of the Zoning Code, have been final-
ized.
Section 5. Separability. Every section, provision or
part of this ordinance is declared separable from every other
section, provision or part; and if any section, provision or
part thereof or action taYen thereunder shall be held invalid,
it shall not affect any other section, provision or part.
Section 6. This ordinance shall be published in the
Lake Minnetonka Sun and shall be effective immediately upon
publication.
Adopted by the City Council of the City of Orono the�
day of February, 1977, by a vote of �� ayes and � nays.
�
. VV'1
William B. Van Nest, Mayor
Attest: ���' ,
alter enson, Clerk-Administrator
Ordinance No. 192
ORDINANCE EXTENDING THE DURATION OF A
MORATORIUM ON THE GRANTING OF VARIANCES
FOR FILL AND EXCAVATION PERMITS OR OTHER
AUTHORITY TO ALLOW FOR FILLING OR EXCAVA-
TION IN ANY MANNER IN ANY OF THE MARSHES
AND WETLANDS IN THE CITY OF ORONO
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
The Municipal Code of the City of Orono is amended by
amending Section 4 of Ordinance No. 190 to read as follows:
Section 1.
"Section 4 . Duration" This ordinance shall expire
November 1, 1977, without council action, or it may be repealed
earlier if the counsel determines that the requisite studies
have been completed and adopted and that appropriate evaluation
and action, including any necessary revisions of the Zoning
Code, have been finalized.
Section 2. This ordinance shall be published in the
Lake Minnetonka Sun and shall be effective immediately upon
publication.
Adopted by the City Council of the City of Orono the
13 day of June , 1977, by a vote of 4 a es an
� nays.
�
.
William B. Van Nest, Mayor
ATTEST:
a er enson,
Clerk/Ad inistrator
r s
ORDINANCE NO. 193
AN ORDINANCE TO AMEND CHAPTER 42, SECTIONS
42.010, 42 .020 , 42.030 , 42.040 and 42.060 OF
THE MUNICIPAL CODE OF ORONO RELATING TO
LIQUOR AND BEER REGULATIONS REGARDING MINORS.
The City Council of Orono ordains:
Section l. Chapter 42 of the Municipal Code of the City
of Orono is amended by amending Sections 42 .010, 42.020 , 42. 030,
42 .040 and 42. 060 as follows :
Section 42.010. Sales to Minors. No person,
whether licensed or not, shall individually, or by
his agent or employee, serve or dispense to any per-
son under the age of 19 years any intoxicating
liquor or 3.2 beer.
Section 42.020. Sales or Service by Minors. No
person, whether licensed or not, shall permit any
person under the age of 19 years to sell or serve
intoxicating liquor or 3.2 beer to customers.
Section 42.030 . Purchases, etc. b Minors. No
person under 19 years of age shall purc ase or con-
sume any intoxicating liquor or 3 .2 beer, nor have
any other person purchase for him any intoxicating
liquor or 3.2 beer.
Section 42 .040. Possession by Minors. No per-
son under the age of 19 years s a 1 have in his
possession any intoxicating liquors or 3.2 beer with
intent to consume the same, and possession thereof
shall be prima facie evidence of intent to unlaw-
fully consume the same.
Section 42.060. Consumption or Possession at Home.
The provisions of this chapter regarding consumption
or possession of intoxicating liquor or 3.2 beer shall
not apply when the said liquor or beer is consumed or
possessed at the household of the parent or guardian
of the person under 19 years of age.
Section 2 . This ordinance shall be published in the Lake
Minnetonka Sun and shall be effective upon publication.
� � � s
Adopted by the Orono Council this 11 day of
July , 1977 by a vote of 5 ayes and
p nays.
G��G�'t/
William . Van Nest, May r
walter enson
Clerk/ �inistrator
Published in the Lake Minnetonka
Sun as of the day of
, 1977.
w •
Ordinance No. 194
AN ORDINANCE ESTABLISHING A P10RATORIUM ON
THE GRANTING OF NEW OR ADDITIONAL COMMERCIAL
DOCK AND MOORING AREAS IN ALL OF THE CITY OF
ORONO AND ESTABLISHING A MORATORIUM ON THE
GRANTING OF BUILDING PERMITS, REZONING APPLI-
CATIONS, CONDITIONAL OR SPECIAL USE PERMITS,
VARIANCES OR OTHER AUTHORITY FOR ADDITIOt1AL
DEVELOP�ENT RELATED TO MARIPIA USES IN ALL OF
THE CITY OF ORONO
The City Council of the City of Orono ordains:
Section 1 : The Municipal Code of the City of Orono is
amended by adding Ordinance No. 194 to read as follows:
194. 010 . Statement of Policy. The City of Orono has a
statutory responsibility to regulate conduct and uses of the
property along Lake Minnetonka, including the construction of
docks and placement of buoys, to secure the safety of the public
and the most general public use. The city has received an
increasing number of requests for the licensing of docks and
mooring areas on Lake Minnetonka resulting from the extension
of existing or new dock facilities which has materially added
to an already dangerous lake use situation, so that an emer-
gency in the protection of the safety and property of the pub-
� lic on and in adjacent to Lake Minnetonka exists. A signifi-
cant portion of Lake Minnetonka is already classified as either
critical or potentially critical using the Lake Minnetonka
Conservation District developed standards. The level of water
patrol services on Lake Minnetonka has been materially decreased
due to Hennepin County' s retracting its funding in support of
these services. In order to fulfill its statutory duties, the
City of Orono must establish standards in a comprehensive plan
relative to all matters which directly or indirectly impact the
use or crowding of Lake Minnetonka and which, directly or in-
directly affect the development of property along Lake Minne-
tonka.
The City of Orono has underway a comprehensive lake use study
which gives consideration to lake use density factors and land
use factors related thereto, which is to be the basis for a com-
prehensive program for the regulation of docks on Lake Minne-
tonka and development on the property adjacent to Lake Minne-
tonka.
This review will be part of an amendment to the Comprehensive
Land Use Plan for the City of Orono. The city is now confronted
with several land use applications and several inquiries con-
cerning land use policy which have a potentially significant
impact on Lake Minnetonka and the shore adjacent thereto. A
detailed study of these problems has been ordered as part of
the comprehensive planning process, which study is expected
to be ready by December 30, 1977. The City Council finds that
approving one or two applications would seriously impair its
ability to effectuate the matters considered in its compre-
hensive planning efforts. Since the enactment of a revised
Comprehensive Plan will undoubtedly modify existing zoning
districts, the granting of applications during this interim
period would be detrimental to the effectuation of the revised
Comprehensive Plan and contrary to the purposes of the Zoning
Enabling Act, Minnesota Statutes, �462. 351, et seq.
194. 020 . Restrictions on the Granting of Permits and
Other Authority. No rezoning applications, conditional or
special use permits, variances or other authority for additional
development for commercial marina uses or authority for multiple
docks in residential use districts in the area described
in Section 194.030 will be granted for any purpose which would
be inconsistent with the intent of this ordinance, including
but not limited to:
A. Any application for the addition or expansion of
existing commercial docks or mooring facilities or area, the
construction or establishment of new dock facilities or moor-
ing areas, the dredging of channels or any portion of the lake
or establishing of any dock facilities which directly or indi-
rectly would expand or tend to expand either dock, mooring or
other boat storage capacity of any facilities to be used on or
adjacent to Lake Minnetonka. This portion of the moratorium
applies to all such facilities except single family residential
docks which meet current regulations of the City of Orono and
the Lake Minnetonka Conservation District.
B. Any new or additional structures of any sort used
or intended to be used for the repair, storage, sale of boats
and motors, whether those structures be with or without foun-
dations and with or without walls and roofs.
C. The construction of any new structure in those areas
of the city zoned as B-2 lakeshore commercial or in those areas
of the city where there are marinas that are legal nonconforming
uses under the present Zoning Code.
D. Any increase concerning the number of boats on the
facilities for any purposes, including boats owned by the marina
operators for sale, boats owned by others that are placed on
the marina premises for sale, or boats placed on the marina
premises for rental to members of the public, or boats moored,
docks or in any way stored on the marina premises for any
purpose.
r
194. 030. Restricted Area. That portion of the City of
Orono that shall be subject to the restrictions of this ordi-
nance is all the land within the City of Orono.
194.040. Interim Studies. During this moratorium, the
City of Orono shall develop and establish a comprehensive pro-
gram and standards, including but not limited to, the following
areas which address all areas related to the environmental,
crowding potential, density of use, and health, safety and wel-
fare of the general public' s use of Lake Minnetonka and use of
the property in Orono adjacent thereto:
(a) Number of boats to be allowed per foot of shore-
line in all dock use areas.
(b) The size, in number of square feet, for all varia-
tions of dock, slip, and mooring location in all dock use areas.
(c) Reasonable regulation of riparian and non-riparian
rights and privileges encompassing all reasonable future cir-
cumstances such as use of outlots, rental or private dock facil-
ities, on-land and off-lake storage for commercial purposes and
related matters.
(d) Standards to limit the public use of Lake Minnetonka
which are compatible with insuring the most general public use
of the lake and protecting the rights of the riparian property
owners.
(e) Standards to reasonably regulate the rights and
privileges of the various economic interests as they relate
to Lake Minnetonka use such as private dockage and moorings,
commercial dockage and moorings, and the balance of these
interests against the public interest in the general use of
Lake Minnetonka, definitions of the number of boats allowed
per residential dock and reasonable regulation of the owner-
ship and use. During this moratorium the city shall work
cooperatively with other governmental units to establish long
term plans for the management of Lake Minnetonka.
194. 050. Duration. This ordinance shall expire on
February 15, 1978, without City Council action, or it may be
repealed earlier if the City Council determines that the requi-
site studies have been completed and that appropriate evalua-
tion and action, including any necessary revisions of the
Zoning Code, can be finalized.
194. 060. Variances. The City Council may grant a
variance to this moratorium if the City Council finds that
. •
" the variance will not conflict with the intents and purpose
of this ordinance and with the policies as will be developed
by the City of Orono. A temporary license may be granted as
part of any variance for the temporary use of a structure if
the City Council finds that the temporary use of that struc-
ture may assist the city in analyzing the impact of various
types of developments on the health, safety and welfare of
the citizens of Orono.
194. 070. Separability. Every section, provision or
part of this ordinance is declared separable from every other
section, provision or part; and if any section, provision or
part thereof shall be held invalid, it shall not affect any
other section, provision or part.
Section 2. This ordinance shall be published in the
Lake Minnetonka Sun and shall be effective immediately.
Adopted by the City Council of the City of Orono o the
18th day of July, 1977, by a vote of 4 ayes and 0 nays.
�
�
illiam B. an Nest, Nayor
ATTEST:
,
/
Walt . nson,
Clerk/ dministrator
Published in the Lake Minnetonka Sun
the day of , 1977.
Ordinance No. 19 5 .
AN ORDINANCE AN�I�IDING CHAPTERS 20 AND 21 OF TI-�
MAJICIPAL COI� OF OR�VO RELATING Ti0 T!� ADOPTI�1
OF TI� STATE BUILDING (70I�, Ti-� UNIFORM BUILDING
� CaDE, TE� MINI�SOrfA PLUNIBING ODDE AND Tl-� MII�IE.SOTh
I�C��ANICAL QODE
�iE CITY OOUNCIL OF ORI.�VO ORDAINS:
Section 1. The N�nicipal Code of the City of Orono is amended by
amending Chapter 20 and Section 20.010 as follows:
20. ADOPTIQV OF STATE BUILDING CODE
20.010. Adoption of Code. The Minnesota State Building Code as it
existed on January 30, 1976, including the Minnesota Heating, Ventilating, Air
Canditioning and Refrigeration Code, and Chapters 1, 2 and 3 of the 1976 Editivn
of the Uniform Building Code, including all other codes, regulations, rules and
standards adopted by reference therein, are hereby adopted and incorporated
herein by reference. Three copies of said Minnesota State Building Code and the
1976 Fdition of the Unifonn Building Code should be marked as official copies
and filed for use and examination by the public in the City Hall.
Section 2. The Mimicipal Code of the City of Orono is amended by amend-
ing Section 21.010 as follows:
21. ADOPTIQIV OF MINNESOrfA PLtA��IBING CODE
21.010. Adoption of Code. The 1976 Edition of the Minnesota Pliunbing
Code is hereby adopted and incorporated herein by reference. The City Clerk shall
mark three copies of said code as official copies and filed for use and examination
by the public in the City Hall.
Sect3on-3.-- This ordi.�ance=s}�all be publ ished _in the Lake-Minne�onka Siui
and shall be effective upon publication.
Passed by Orono Coimcil this 8 day of Auqust , 1977, by a vote
of 3 ayes and 0 nays.
C���� �-�
M ry Bu r
Acting Mayor
William B. Van Nest, Mayor
ATI�ST: �
���
Walter R. , Administra or .
� � Published in the Lake Minnetonka '
Sun on the day of ,
1977.
!
. •� 4 y�, .
ORDINANCE N0. 196
AN ORDINANCE TO AMEND THE MUNICIPAL
CODE OF THE CITY OF ORONO BY AMENDING
CERTAIN CHAPTERS RELATING TO FEES
THE CITY COUNCIL OF ORONO ORDAINS:
Section 1 . C�apter 13 of the Municipal Code of the City
of Orono is amended to read as follows:
13.020. Definition of Unit. The S.A.C. charge shall be equal
to the number of units of sewage vol�ne which the building will
discharge, multiplied by the fee in the amount prescribed by the
current city fee schedule.
Section 2. Chapter 22 of the Municipal Code of the City
. of Orono is amended to read as follows:
22.030, Subd. B. Fee. Applicants shall pay to the City a
license fee in the amount prescribed by the current city fee
schedule for a license which shall expire on the next succeeding
April 1. Said license shall be renewable on April 1 of each year
by p ayment of an additional fee in the amount prescribed by th e
current city fee schedule, and may be revoked for cause.
Section 3. Chapter 23 of the Municipal Code of the City
of Orono is amended to read as follows:
23.030, Subd. C. Fee. Applicants shall pay to the City a
license fee in the amount prescribed by the current city fee
schedule for a license which shall expire on the next succeeding
April 1. Said license shall be renewable on April 1 of each year
by payment of an additional fee in the amount prescribed by the
current city fee schedule, and may be revoked for cause.
23.040. Permits Re uired. Before entering upon a particular �
job of well dri ing, a well driller shall file a description of
the job with the City and shall secure a permit for that particu-
lar job by paying the fee in the amount prescribed by the current
city fee schedule for any new wells, and for any repairs where
the charge exceeds $100. Each permit shall expire six months
after it is issued.
Section 4. Chapter 25 of the Municipal Code of the City
of Orono is amended to read as follows:
25.321. Pe rmit Fees. A permit or inspection fee in the amount
prescribed by the current city fee schedule for a residential or
commercial building sewer permit and a fee in the amount pres-
cribed by the current city fee schedule for an industrial build-
ing sewer permit shall be paid to the City at the time the appli-
cation is filed.
Section 5. Chapter 25 A. of the Municipal Code of the City
of Orono is amended to read as follows:
25A.020. Service Charges. Charges shall be made and collected
for tapping and making connections with the city water mains, to
be paid at the time of making application therefor, by a fee in
the amount prescribed by the current city fee schedule.
25A. 300, Subd. G. Repair of Leaks. In case of failure upon the
part of any consumer or owner to repair any leak occurring upon
her or his service pipes within 24 hours after verbal or written
notice has been given upon the premises, the water shall be shut
off from the same and not be turned on until a sum in the amount
prescribed by the current city fee schedule has been paid. When
the waste of water is great, or when damage is likely to result
. from the leak, the water will be turned off if the repair is not
proceeded with immediately upon the giving of such notice.
25A.310. Water Meters. Except for extinquishment of fires, or
when authorized y special permit from the City Ac3zninistrator
and for temporary purposes only, no person shall use water from
the water supply system of the city, or permit water to be drawn
from, except the same be metered by passing through a meter
supplied or approved by the city.
No person not authorized by the City Administrator shall
connect, disconnect, take apart or in any manner change, or cause
to be changed, or interfere with any such meter or the action
thereof.
The City Council shall from time to time fix the charge
to be made to the customers for new water meters and original
connection and installments and payment for same shall be made
in advance before delivery for installation.
Whenever any meter shall become obstructed or out of
order, the City shall cause it to be repaired. The cost of such
repair is to be paid out of the water fund unless the meter had
been damaged by freezing or wilfull neglect by someone outside of
the City employ. Upon request of any customer and payment to the
City Administrator of a fee in the amount prescribed by the cur-
rent fee schedule, the City will test such water meter. All
water meters obtained from the City shall remain the property of
the City and be replaced at any time by the City if found to be
worn or defective beyond repair. Such replacement shall be paid
for from the water fund.
Section 6 . Chapter 31 of the Municipal C7�de of the City
of Orono is amended to read as follows:
31.718. Application for Permit. An application for such permit
2
_ _
I � ' .
�
I
�
; shall be accompanied by a drawing showing the location of the
, proposed riprap and such other information as the City Engineer
, may require from time to time. Applications shall be filed with
�; the City Administrator and shall be accompanied by a fee in the
'. amount prescribed by the current city fee schedule payable to the
, City.
Section 7. Chapter 32 of the Municipal Code of the City
of Orono is amended to read as follows:
32.120. �A eal to Planning Oommission. At any time within ninety
days after�t�ie decision of the Zoning Administrator under the pro-
visions of the Zoning Code, except in connection with prosecutions
for violations thereof, the applicant or other person or officers
of the City affected thereby may appeal to the Planning Commission
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 refundable.
32.600. Fees for Zoning A�plications. The fees to be paid for
each application for rezoning, simple subdivision or variance, new,
special or conditional use, accessory and principal uses, shall be
in the amount prescribed by the current city fee schedule. Fees
shall be payable at the time applications are filed with the
Zoning Administrator and are not refundable unless the application
is withdrawn prior to referral to the Planning Commission.
There shall be no fee in the case of applications filed in the
public interest by the City Council or by the Planning Oommission.
Section 8. Chapter 39 of the Municipal Code of the City
of Orono is amended to read as follows:
39.350. Platting Fees. A fee in the amount prescribed by the
current city fee schedule must accompany the preliminary plat
when it is submitted to the Planning Commission. This fee will
be used for the expenses of the City in connection with approval
or disapproval of said plat and final plat which thereafter may
be submitted.
Section 9. Chapter 40 of the Municipal Code of the Gity
of Orono is amended to read as follows:
40.060, Subd. A. The annual license fee for an "on-sale" license
shall be in the amount prescribed by the current city fee schedule. -
40.060, Subd. D. At the time of each original application for a
license, the applicant shall also pay a minimum investigating
fee. �is minimum fee shall be in the amount prescribed by the
current city fee schedule for each person shown on the applica-
tion, whether a proprietor, partner, manager, shareholder or
officer. T'he minimum investigating fee shall not be subject to
refund. If the expenses of the investigation relating to any
3
application exceeds the minimum investigating fee, the City
shall notify the applicant of this fact and shall require the
applicant to pay an additional investigating fee which the City
Council deems necessary to complete its investigatin of the appli-
cant. The applicant shall pay such additional investigating fee
within five days of being so notified. If such additional, inves-
tigating fee is not paid within such five day period, the City
shall discontinue consideration of the application.
Section 10. Chapter 41 of the Municipal Code of the City
of Orono is amended to read as follows:
41.030. Term and License Fee, "Off-Sale" . The fee for a license
for the "of -sa e of .2 eer shall e in the amount prescribed
by the current city fee schedule per year, which charge shall be
prorated by quarters in case the license is issued for less than
a full year' s term. For convenience, the City Clerk may arrange
for all "off-sale" beer licenses to expire on the same date of
each year.
41.040. Term and License Fee, "On-Sale". The fee for a license
of the "on-sale" of 3 .2 beer s all e in the amount prescribed
by the current city fee schedule p er year, which charge shall be
prorated by quarters in case the license is issued for less than
a full year's term. For convenience, the City Clerk may arrange
for all "on-sale" beer licenses to expire on the same date of
each year.
Section 11. Chapter 43 of the Municipal Code of �he City
of Orono is amended to read as follows:
43.020. License Fee. The fee for a license under this chapter
shall be in the amount prescribed by the current city fee schedule
per year, which shall be in addition to any license or permit
fees required by the State. Said license fee hereunder shall be
prorated by quarters in case of licenses being issued for less than
a full year's term. Fo r convenience, the City Clerk may arrange
for all licenses under this chapter to expire on the same date of
each year.
Section 12. Chapter 44 of the Municipal Code of the City
of Orono is amended to read as follows:
44.020. License Fee. T�e fee for a weekday license under this
chapter shall be in the amount prescribed by the current city fee
schedule per year and for a Sunday license shall be in the amount
prescribed by the current city fee schedule per year. Said license
fees shall be prorated by quarters in case of licenses to be
issued for less than a full year's term. For convenience, the
City Clerk may arrange for all licenses under this chapter to
expire on the same date of each year. No license hereunder shall
be issued except to a bona fide club as defined in Minnesota
S tatutes, Chapter 340.
4
Section 13. Chapter 51 of the Municipal Code of the City
of Orono is amended to read as follows:
51.040. License R�rm and Fee. �'he license fee is a fee in the
amount prescribed y t e current city fee schedule per year per
vehicle, and if the license is denied for any reason, the fee
shall be returned to the applicant. Licenses shall expire on
April 1 of each year.
51.050. Transfer of Licenses. Licenses may be transferred from
operator to operator or from vehicle to vehicle upon payment of
a transfer fee in the amount prescibed by the current city fee
schedule and upon approval by the City Oouncil.
Section 14. Chapter 60 of the Municipal Code of the City
of Orono is amended to read as follows:
60.020. License or Permit Re uired; Fees. Any person desiring
to conduct public dances regular y at a particular place in the
City may secure an annual license to do so from the City Clerk,
upon payment in advance of an annual license fee in the amount
prescribed by the current city fee schedule. Any person desiring
to conduct an individual public dance on a p articular date at a
particular place may secure a permit to do so from the City Clerk
upon payment of a fee in the amount prescribed by the current
city fee schedule, provided that the Council may grant a permit
without charge where it -is satisfied that the giving of the dance
is not a money-making enterprise. No person shall conduct any
public dance in the City without having secured either an annual
license or an individual permit to do so.
Section 15. Chapter 61 of the Municipal Oode of the City
of Orono is amended to read as follows:
61.030. Liacense Fee and Term. License fees shall be in the
amount prescri ed y the current city fee schedule per year,
expiring on March 31 of each year. Any license applied for
after August 1 shall be issued for one-half fee.
61.040. Transfers. No license shall be transferred from person
to person nor from place to place without Council approval and
payment of a fee in the amount prescribed by the current city
fee schedule.
Section 16. Chapter 62 of the Municipal Code of the City
of Orono is amended to read as follows:
62.020. Term and License Fee. The fee for a cigarette license
shall be in the amount prescribed by the current city fee
schedule per year, which charge shall be prorated by quarters
in case the license be issued for less than a full year's term.
Fb r convenience, the City Clerk may arrange for all cigarette
licenses to expire at the same date of each year.
5
Section 17. Chapter 63 of the Municipal Code of the City
of Orono is amended to read as follows:
63.030. License Fees and Re uirements. Dog licenses shall be
issued by the City erk upon presentation of a current, valid
rabies vaccination certificate and upon payment of a license fee
in the amount prescribed by the current city fee schedule if
issued in an o dd numbered year, and one-half of that fee if
issued in an even numbered year. Dogs confined to a kennel
need not be licensed, provided that such kennel is licensed as
provided in Section 63.180. �
63.180. Dog Kennels, License. No person shall operate a kennel
without being licensed under this se ction. Application for such
kennel license shall be made to the City Clerk, and shall be
accompanied by a license fee in the amount prescribed by the
current city fee schedule. The Clerk shall refer the applica-
tion to the Ci ty Council who may grant or deny it. Licenses
shall be issued on an annual basis, expiring on March 1 of each
year.
Section 18. Chapter 64 of the Municipal �de of the City
of Orono is amended to read as follows:
64.040. License Fee. The annual fee for such license, payable
in advance, sha 1 e the amount prescribed by the current city
fee schedule, which may be prorated upon a quarterly basis if
the license be issued for less than one year.
Section 19. Chapter 66 of the Municipal Oode of the City
of Orono is amended to read as follows:
66.040. License Fee and Term. Z'he annual fee for such collec-
tors license shall be in t e amount prescribed by the current
city fee schedule for the first truck, and an amount prescribed
by the current city fee schedule for each additional truck. This
license fee shall be due and payable on or before June 1 of each
year and this annual license shall become effective from June 1
through May 31.
66.050. Tnansfer of License. Any license issued pursuant to
this ordinance shal e transferred only upon application for
such transfer in writing, conforming in all respects to the pro-
visions of this ordinance governing the filing of an original
application; and said application for transfer shall be accom-
panied by a transfer fee in the amount prescibed by the cur•rent
city fee schedule.
Section 20. Chapter 67 of the Municipal Code of the City
of Orono is amended to read as follows:
67.040. Permit Fee. Upon submission of the application for
the excavation permit to the Clerk, �-he applicant shall pay a
fee in the amount prescribed by the current city fee schedule.
6
Section 21. Chapter 69 of the Municipal Code of the City
of Orono is amended to read as follows:
69.070. Fee. An applicant for an ass�nbly permit shall pay a
non-refundable investigation fee in the amount prescribed by the
current city fee schedule. If a permit is granted, the applicant
shall pay an administration fee in an amount determined by the
City Council. In setting the amount of the administration fee,
the City O�uncil shall consider the anticipated cost to the City
of controlling the large assembly and otherwise implementing the
ordinances of the City.
Section 22. Chapter 69 A. of the Municipal Gode of the
City of Orono is amended to read as follows:
69A.040. License Fee and Term. License fees shall be in the
amount prescribed by t e current city fee schedule per year,
expiring on September 30 of each year. Requests for renewal of
a license under this chapter must be accompanied by an up to date
certification signed by an authorized engineer stating that the
ski area and all ski equipment and instruction thereon comply
with the standards of safety established by the National Ski Area
Association and by Section 69A.050.
69A.060. Transfer of License. An license issued pursuant to this
chapter shall be transfered only upon application for such trans-
fer in writing, conforming in all respects with the provisions of
this chapter governing the filing of an original application; and
said application for transfer shall be accompanied by a transfer
fee in the amount prescribed by the current city fee schedule.
Section 23. Chapter 69 B. of the Municipal Code of the
City of Orono is amended to read as follows:
698.020. License Rec�uired. No person shall move, remove, raise,
or hold up any building through or within the limits of the City
of Orono unless such person shall be licensed by the City of
Orono to engage in such occupation.
Upon the filing of an application for such a license, the
same shall be referred to the Building Inspector of said City
and he shall make a full investigation of the qualifications of
the applicant to carry on the work of moving, raising and holding
, up buildings and report his findings thereon to the City Council.
� Upon such report being filed with the City Qouncil, and the
j execution of the bond as required herein and its acceptance by
� the City Council, such license may be granted or refused in the
I discretion of the City �uncil. No license shall be granted to
( any person less than twenty-one (21) years of age.
I
Ziie fee f or each such license is the amount prescribed
by the current city fee schedule per annum, which fee shall be
paid to the City Clerk at the time of the filing of the applica-
tion for such license.
7
69B. 070, Subd. 3 , C. The permit application shall be accompanied
by a permit fee which is nonrefundable in the amount prescribed
by the current city fee schedule plus any sums required to be
paid by the terms of this or any other ordinance of the City.
Section 24. Chapter 73 of the Municipal Code of the City
of Orono is amended to read as follows:
73.090. FeecSchedule. Fees shall be paid to the City in the
�mounts prescri ed y the current city fee schedule, to reimburse
the City for expenses incurred in processing the initial appli-
cation, annual renewals and in conducting the annual inspection.
License fees shall not be prorated. The license fee for each
license shall be a base fee plus a fee for each water or land
boat slip requested in the application as determined by the City
Oouncil or its agents. In addition, the applicant shall receive
and pay within thirty days an itemized bill for all additional
reasonable expenses incurred which exceed the above fees by the
City in processing the initial application, annual renewal and
annual inspections. Said itemized bill shall include, but not
be limited to, expenses for such items as legal, planning or
engineering consulting services, other city officials or staff,
mileage, materials, advertising for public hearings, and similar
expenses. T4�e Council shall have the right to amend the a.bove.
Section 25. C11apter 74 of the Municipal Code of the City
of Orono is amended to read as follows:
74.030. License F�ee: Duration. The license required by this
chapter sha be in e amount prescribed by the current city
fee schedule per year. Each license shall expire on the April 1
next following issuance, and sha11 not be prorated.
Section 26. Chapter 80 of the Municipal Code of the City
of Orono is amended to read as follows:
80.044. Permits, Fee. �'he fee for annual and occasional permits
shall be in the amount prescribed by the current city fee schedule.
Section 27. Chapter 85 of the Municipal Code of the City
of Orono is amended to read as follows:
85.050. Permits. A permit may be issued by the Clerk for super-
vised fireworc�displays upon such conditions as may be prescribed
by the Clerk for the protection of the public safety and welfare.
Application shall be made in writing at least fifteen days before
the date of such display, and each application shall be accom-
panied by a fee in the amount prescribed by the current city fee
schedule.
Section 28. Chapter 110 of the Municipal Code of the City
of Orono is amended to read as follows:
110.50. Schedule of Fees. �'he current city fee schedule shall
8
, � , ,i
be used in determining the total costs due on any animal deter-
mined to be at large within the City.
Section 29. Chapter 21 of the Municipal Code of the City :
of Orono is amended to read as follows :
21.050. Ins�e�ction Fees. For every inspection provided by the
Minnesota P�um�ing Code adopted herewith by reference, the
plumber shall pay to the City an inspection fee in the amoun}
prescribed by the current city fee schedule. Further, the
plumber shall pay an additional fee in the amount prescribed by
the current city fee schedule for any inspection required by
reason of the fact that the work was not completed at the time
of the initial inspection.
Section 30. This Ordinance shall be published in the
Lake Minnetonka Sun and shall be effective upon publication.
Passed b� the Orono Council this 22 day of Augus� ,
1977 , by a vote of 4 ayes and 0 nays.
� �
�Villiam B. Van P1est, lyIayor
Walter B. P4assengale, Acting Mayor
Attest:
Wa ter . enson, A in trator
Published in the Lake Minnetonka
Sun on the day of
, 1977.
9
. �
ORDINANCE N0. 197
Al�i ORDINANCE TO AMEND THE
MUNICIPAL CODE OF THE CITY OF ORONO
ESTABLISHING A FEE SCHEDULE FOR 1977
THE CITY COUNCIL OF ORONO ORDAINS:
Section 1. Chapters 13, 21, 22, 23 , 25, 25A, 31, 32 , 39,
40, 41 , 43, 44, 51, 60, 61, 62, 63, 64 , 66, 67, 69, 69A, 69B,
73 , 74 , 80 , 85, 110 of the Municipal Code of the City of Orono
are amended by adopting a fee schedule for the City of Orono for
the permits, licenses and activities listed as follows:
Applicable
ZONING APPLICATIONS Code Section
Variance - . $50 32 .600
Conditional Use Permit -
residential accessory use $30 32 .600
principal residential use (per unit) $50 32 . 600
principal commercial or industrial $100 32.600
use
Vacation - $25 per benefiting properties
Minimum $100 per request
� Rezoning - $250 32 .600
Subdivision -
pre�iminary plat review $150 and 39. 350
$5/plat
final plat review $ 50 39. 350
PRD Application - combined conditional use and
subdivision f�es
Riprap -
staff review (normal riprap) $ 15 31. 718
unusual riprap requiring engineer's $65 32. 120
report and Planning Commission
and Council action
Park Dedication Fee - per schedule in 39. 350
subdivision ordinance
CITY LICENSES
Ski Area Li cense (Annual) -
application & inspection fee $175 69A.040
license fee (upon approval) $ 25 69A.040
transfer fee 69A.060
Commercial Marina License -
application f ee (one time) $300 73 .090
renewal application and inspec- $ 75 73 .090
tion fee (annual)
each slip on water $ 2 73 .090
each dry slip inside or in racks $ 2 73 .090
each boat unit on land $ 1 73.090
Joint Use Dock License -
minimum joint fee (annual) $ 10 74 .030
plus each slip $ 2 74.030
Commercial Kennel License -
application and inspection fee $ 75 63 .180
(annual)
license fee (upon approval) $ 25 63 . 180
Residential Kennel License (annual) $ 25 63 .180
Septic Installation License (annual) $ 10 22 .030B
Well Driller & Plumbers (state law 23 .020
prohibits local fee) 23 .040
25.321
, Garbage Hauler - flat rate per hauler $ 30 66 .040
- transfer fee 66 .060
Taxi (annual) $ 10 51.040
transfer f ee 51.050
Cigarette Sales (per quarter) $ 5 62 .020
3 . 2 Beer Off-Sale (annual) $ 25 41.030
3 . 2 Beer On-Sale (annual) $ 75 41. 040
Setups (annual) $100 43 .020
Club Liquor License (weekday) $100 44 . 020
(Sunday) $200 44 .020
Public dances (annual) $100 60.020
(individual) $ 10 60.020
Theaters (annual) $300 61 .030
Dogs (if not confined to kennel) $ 4 63 .030
Public Dumps (annual) $ 25 64 . 040
Assemblies $ 50 69.070
Firearms � $ 10 80.044
Fireworks $ 10 85 .050
BUILDING PERMITS
Building Permit -
minimum fee $ 10 23 .030
normal fee (UBC/SBC Standard and
Schedule U.B.C.
plan review fee (UBC/SBC Schedule)
Plumbing Permit (per fixture) $2/fixture 21.050
$20 minimum
Municipal Connection Pe rmit -
sewer $ 20 25 .321
water $ 20 25A.020
5/8" meter $ 60 25A. 310
3/4" meter $ 85 25A. 310
larger meter on quote basis 25A. 310
Septic System -
design review fee (std. system) $ 25 13 .020
design review fee (commercial, $100 13 . 020
' industrial, multi-family or
single family variance)
installation-repair permit $ 20 13 . 020
operating license (annual) $ 25 13 .020
well -
installation permit $ 20 23 .030C
installation permit w/test service $ 50 23.040
Moving - .
moving or lifting residential $ 25 69B.020
accessory building
lifting residence - no move across $ 50 69B. 020
lot lines
moving principal building $100 69B.020
pre-move inspection - within City $ 50 69B.020
pre-move inspection - from out- $150 69B .020
side City (25 mi. radius max.j
Demolition - principal use $ 20 69B.020
- accessory use $ 10 69B .020
. '�
Grading, excavation, dredging, filling 31. 700
Permit (without Building Permit} 31.805
50 cubic yards or less $ 10
51 to 100 cubic yards $ 15
101 to 1000 cubic yards - $ 15 (for first 100
' cubic yards)
plus 7 (for each addi-
tional 100 cubic
yards or fraction
thereof)
1001 to 10 ,000 cubic yards $ 78 (for first 1000
cubic yards)
plus 6 (for each addi-
tional 1000 cubic
yards or fraction
thereof)
10 ,001 to 100,000 cubic yards $132 (for first 10 ,000
cubic yards)
plus 27 (for each addi-
tional 10,000 cubic
, yards or fraction
thereof)
100,001 cubic yards or more $375 (for first 100,000
cubic yards)
plus 15 (for each addi-
tional 10,000 cubic
yards or fraction
thereof)
Mechanical Permits (when Uniform Mechanical
Cbde is adopted) - •
' single residential uses $ 10
commercial, industrial, multi-family UBC/SBC
Schedule
Site inspection without permit - when
called by owner $ 10 per trip
Inspection surcharge for work or applica-
tion on Big Island or Deering Island $ 25 per trip
Reinspection fee after failure to comply
with Building or Zoning Code Correction
Notice $ 25
Fire Prevention Inspection no charge
Contract Inspections - Long Lake
and Minnetonka Beach $ 25 per trip
Plan Review for Contract Cities regular Orono rates
•�. . , . '
MISCELLANEOUS FINES
Animals at Large 110. 50
first offense $ 5 110. 50
second offense $ 25 110. 50
third offense $ 50 110.50
Care of Impounded Animal $1.50/day 110.50
Trace & Catch of Animal $ 10/hour 110.50
Trailer Charge $ 10 plus 110.50
$ .25/mile for
total distance involved
In the event of a complict between this schedule and the terms of
an ordinance, the ordinance shall prevail. If the applicable
ordinance does not provide for a specific fee, the amount listed
in this fee schedule shall prevail . In connection with any permit
or procedure described herein, application of ordinance provisions
may require the payment of fees for consultation with experts,
professionals or other qualified persons or for other matters which
may result in the imposition of a fee greater than that listed in
this fee schedule.
Section 2 . This ordinance shall be published in the Lake
Minnetonka Sun and shall be effective upon publication.
Passed by the Orono City Council this 22nd day of August,
' 1977 , by a vote of 4 ayes and 0 nay5.
,�J � ,
•�� __���AI�"
�
6�lilliain B. Van Nest, P'tayor
Walter B. Massengale, Acting Mayor
At est:
Walter . Benson, Administrator
� Published in the Lake Minnetonka
Sun on the day of
, 1977.
. � ' � • • , ,
, � Ordinance No. 198 •
• AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
� ORONO RELATING TO IiEIGHT OF CERTAIN STRUCTURES
� The City Council of Orono ordains:
• Section l. Sections 38. 900 and 38.910 of the Orono
Municipal Code are amended to read as follows:
• 38.900. Height of Structures: ' �Special� Provisions.
. The height limitations imposed by other sections of the Zoning
. Code may be increased by conditional use permit by 50 percent
. when applied to the following structures: '
Antenna or antenna structures ,
Church spires '
. � � Belfries �
Cupolas and domes which do not contain usable space
� Monuments
Water towers �
� • Fire and hose towers
Observation towers
� Flag poles
� Chimneys
Smokestacks �
f . Parapet walks extending not more than three (3) feet
� above height of the building
' . Cooling towers � -
� - Elevator penthouses �
- 38.�910. Conditional Use Permits. Aeights in excess of �
� those allowed under 38. 900 for the uses enumerated therein may
, be permitted only by conditional use permit granted pursuant to
the procedures as set forth in Section �32.400 through 32.490.
' Section 2. � This -ordinance shall be published in the
- I�ake Minnetonka Sun and shall be effective upon publication.
. • - . � .
� . � • . .
� ,
� Passed by the Orono Council this 22 day of August
1977, by a vote of 4 ayes and p nays.
� ������
William B. Van Nest, Mayor
Walter B. Massengale, Acting Mayor
ATTEST: � •
. �
Walte . enson, .
Cler Administrator .
� ,
� � .
tPublished in the Lake Minnetonka Sun
� the � day of , 1977.
f
:
` ..
. , �
Ordinance No. 199
AN ORDINANCE AMENDING CHAPTER 69A OF THE MUNICIPAL
' CODE OF THE CITY OF ORONO RELATING TO THE LICENSING
AND REGULATION OF PUBLIC SKI AREAS
THE CITY COUNCIL OF ORONO ORDAINS:
Section 1 : The P4unicipal Code of the City of Orono
is amended by amending sections 69A. 020, 69A.030, 69A. 040,
69A. 050, 69A. 060, 69A. 070, 69A.080, 69A.110 and adding
sections 69A. 001, and 69 . 025 to read:
69A.001 Scope. This ordinance provides for the licens-
ing and regulation of public ski areas and is adopted for the
purpose of protecting the health, safety and general welfare
of the citizens of the City of Orono.
69A. 020. License Required. No person shall keep,
offer for use, maintain or operate a ski area within the
City without being licensed under this chapter. No ski
area may be offered for use or operated within the City
without a current operating permit as required by this
chapter.
69A. 025. Operating Permit Required. Upon approval
of a Ski Area License by Council, and completion of any
conditions attached thereto, the applicant shall submit a
certificate of insurance and pay a permit fee to the City
Clerk and obtain a Ski Area Operation Permit. The permit
fee shall be as est�ablished by the current City fee schedule
to pay for the costs incurred in issuing said permit and
shall also include the costs incurred by the City in pro-
viding the required annual safety inspection.
69A.030. Application and Issuance of License. Any
person may apply .in writing to the City Clerk for a license
and operating permit under this chapter by completing and
signing an application form provided by the City and by
providing the following information each year.
(a) A plot plan, drawn to scale, indicating the
boundaries of the ski area and the location of all structures ,
lighting towers, ski runs, safety equipment or devices, park-
ing areas and access points. The drawing shall be updated
each year to show all existing facilities, all changes from
the previous season, and any changes proposed for the dura-
tion of the current application.
�
.
(b) A schedule showing the proposed season hours and
days of operation.
(c) A list of the minimum number and job description
, of all personnel to be on site when the area is open to� the
public.
(d) The name of the individual responsible for daily
management of the area.
ti
(e) At least one copy of each current promotional
brochure or poster advertising the ski area.
(f) A Ski Area License Application and Inspection
Fee as shall be established by the current City fee schedule
to pay for the inspection and review costs incurred by this
application.
Upon receipt of a Ski Area License Application, the
City Clerk shall review said application for conformity to the
requirements of this chapter and shall schedule a compliance
inspection of the premises. Upon receipt of the compliance
inspection report, the application shall be presented to the
City Council . The Council may refer the application to the
Planning Commission for review. The Council shall, at the
same or any subsequent meeting, pass upon such application
and may in its discretion authorize the issuance of such
license to the applicant, subject to such conditions as the
Council may deem necessary and expedient for the protection
of the health, safety and general welfare of the City.
69A.040. License Fee and Term. A Ski Area License
approved and issued under the provisions of this chapter
shall run from the time of issuance until expiration on
September 30th each year. Application for annual renewal
of each license and operating permit shall be made to City
Clerk no later than October 15th each year and shall consist
of all information required by Section 69A.030.
69A. 050. Compliance Required. Licensee must comply
with the Municipal Code of the City of Orono, the American
National Standards Institute (ANSI ) Safety Requirements for
Aerial Passenger Tramways B77.1-1973, hereby incorporated
by reference and made a part of this ordinance, and any other
applicable statutes or regulations regarding the safety of
users of the ski areas, ski equip�ent, total facilities and
grounds. Licensee must insure that no conditions exist on
the premises which adversely affect the public health, safety
and welfare.
Upon application, as set forth in Section 69A. 030, the
applicant authorizes the City of Orono to enter on the property
at any time for purposes of making safety and code compliance
inspections. Prior to issuance of any license or renewal, the
City inspector or an expert engineer appointed by the City
� shall inspect the ski area' s equipment and total facilities
for compliance with the provisions set forth in this chapter.
Notice shall be given to the ski area manager prior to a
scheduled inspection and he shall thereafter assist the
inspector where necessary to test the operation of any equip-
ment or safety devices, and to allow access to all parts of
the facilities. A report of every inspection shall be sub-
mitted to the City Clerk with a copy to the ski area manager.
Any deficiencies or non-compliance shall be noted therein and
shall be corrected by the ski area operator within a reason-
able time. Equipment or public areas found to be hazardous
or to have safety deficiencies shall be immediately stopped,
roped-off, or otherwise removed from use until the hazard or
deficiency shall have been corrected. In all cases, all
safety hazards must be corrected prior to issuance of any sub-
sequent license or operating permit.
69A.060. Transfer of License. Any license issued pur-
suant to this chapter shall be transferred only upon approval
of the City Council. Application for such transfer shall be
in writing, conforming in all respects with the provisions of
this chapter governing the filing of an original application.
Said application for transfer shall be accompanied by a Transfer
Fee as provided by the current City fee schedule.
69A.070. Insurance. Each licensee shall maintain public
liability insurance in an amount of not less than $300, 000 per
person per incident for injury or death. Such insurance shall
be continuously maintained throughout the operating season. A
current certificate of insurance must be filed with the City
before an operating permit will be issued.
69A.080. Revocation. The Council may revoke or suspend
any license or permit issued under this chapter upon the finding
of the City Council that there has been a violation of any of
the provisions of this chapter or other applicable statutes or
regulations, or a failure to abide by any of the conditions of
this license or any other permits granted under the Municipal
Code. Specifically included herein is failure to correct,
within a reasonable time, any safety deficiencies as may be
reported by the expert engineer in his report.
.�
� •
69A.110 . Violations and Penalties. Any person, firm,
or corporation who shall violate any of the provisions of the
Zoning Code, or who shall fail to comply with any of the provi-
sions hereof, or who shall make any false statement in any docu-
� ment required to be submitted under the provisions thereof,
shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine not to exceed $500 or by imprison-
ment for not to exceed 90 days. Each day that a violation con-
tinues shall constitute a separate offense.
Section 2 . This ordinance shall be published in the
Lake Minnetonka Sun and shall be effective immediately.
� Adopted by the City Council of the City of Orono on the
�_ day of September, 1977, by a vote of �_ ay s and nays .
i liam B . Van Nest, mayor
ATTEST:
Walter . enson,
Clerk/Administrator
Published in the Lake Minnetonka Sun
the day of , 1977.
ORDINANCE N0. 200
AN ORDINANCE TO AMEND CHAPTER 50
OF THE MUNICIPAL CODE OF
THE CITY OF ORONO RELATING TO
TRAFFIC REGULATION
THE CITY COUNCIL OF ORONO ORDAINS:
Section l. Chapter 50 of the Municipal Code of the City
of Orono is amended by adding Section 50 .030 as follows:
Section 50.030. Startin�q and Acceleration.
No person sha11 start or accelerate any motor
vehicle with an unnecessary exhibition of speed
on any public or private way or place used or
intended to be used for vehicular travel within
the city limits. Prima facie evidence of such
unnecessary exhibition of speed shall be unreason-
able squealing or screeching sounds emitted by
the tires or the throwing of sand or gravel by the
tires of said vehicle or both.
Section 2. Z'his Ordinance shall be published in the Lake
Minnetonka Sun and shall be effective upon publication.
Adopted by the Orono Council this lI day of
October , 1977 by a vote of 3 ayes and � nays.
Wi liam B. a N st, ayor
Walter . nson
Clerk-A nistrator
�
Published in the Lake Minnetonka
Sun as of the � � �day of
. . , 1977.
ORDINANCE N0. 2 O 1
AN ORDINANCE TO AT�ND TI-� MUNICIPAL CODE
OF ORONO BY ATIINDING TI-IE OFFICIAL ZONING
MAP OF TI-iE CITY OF ORONO BY REZOr1ING
BLOCK 1, I-�ERRICK CIRCLE SUBDIVISION,
SECTION 36, TOWNSHIP 118, RANGE 23, FROM
RR-1B TO R-lA
The City Colmcil of the City of Orono Ordains:
Section 1. The municipal code of the City of Orono is amended by
amending the official zoning map and boundaries for portions of the RR-1B One
Family Rural Residential District to R-lA One Family Residential District.
The following described property is hereby rezoned from RR-1B to
R-lA.
That part of the Northeast Quarter of the Southwest Quarter and the
Southeast Quarter of the Southwest Qua.rter of Section 36, Township
118, Range 23, described as follows: Beginning at a point on the
East line of said Southwest Quarter distant 57 feet Southerly of
as measured at right angles from the center line of the main track
of the Minneapolis Industrial Railway Company as now located and
established; thence South along said East line to a point distant
283.23 feet South of the Northeast corner of said Southeast Quarter
of the Southwest Qua.rter; thence South 19 degrees 40 minutes West a
distance of 138.06 feet; thence South 27 degrees 40 minutes West to
the center line of the South Minneapolis and Watertown Road, also
called the Wayzata Long Lake Road; thence Northwesterly along said
center line to its intersection with a line drawn parallel with and
57 feet Southerly of, as measured at rig�t angles from, the center
line of said main tra.ck; thence Northeasterly along said parallel
line to the point of beginning. For purposes of this description
the East line of said Southwest Qua.rter is asstmied to be a due
North and South line.
Section 2. This ordinance shall be published in the Lake Minnetonka S�.m
and shall be effective upon publication.
Passed by the Orono Council this 11 day of october , ig'77, by a
vote of 4 ayes and 0 nays.
William B. Van Nest, Mayor
Walter R. nson
Clerk/ inistrator
Published in the Lake Minnetonka
SLm on the day of ,
1977
r
ORDINANCE N0. 2p2
AN ORDINANCE TO AMEND THE MUNICZpAL CODE
OF THE CITY OF ORONO BY ADDING CHAPTER 69C
ESTABLISHING THE LICENSING OF
MECHANICAL AMUSEMENT DEVICES �
�e City Council of Orono ordains: •
Section 1. �he Municipal Oode of the City of Orono is
amended by adding Chapter 69C as follows:
CHAPTER 69C
Mechanical Amuselnent Devices
69C.010 Definitions. Mechanical Amusement Devices. As used
here ni a mechanical amusement device is defined as a machine
which, upon the insertion of a coin, token or slug, operates or
may be operated for use as a game, contest or amusement of any
description, or which may be used for any such game, contest or
amusement, and which contains no automatic pay-off device for the
return of money coins, checks, tokens or merchandise, or which
provides for no such pay-off by any other means or manner. The
term mechanical amusement devices shall include pin-ball machines,
mechanical miniature pool tables, bowling machines, shuffleboards,
electric rifle or gun ranges, miniature mechanical devices and
games or amusements patterned after baseball, b asketball, hockey,
tennis, soccer, juke boxes and similar games, which may be used
solely for amusement and not as gambling devices.
A pin-ball machine is a mechanical amusement device commonly
known as a pinball machine which basically operates on the prin-
ciple of a projected rolling ball or series of f lashing lights
which indicates a score. -
69C.020. License Required. No person shall operate or rent,
lease, or otherwise make available to another person to operate
within the City of Orono a mechanical amusement device, as herein
before defined�, without first obtaining both an owners license
and also a machine license therefor from the City Clerk , but
no such license shall be issued for any machine or device which
is a gambling device.
69C.030. plication. Every application for such license shall
state the escription of the mechanical amusement device for
which license is to be issued, the place where the device is to
be maintained and used, �he place of residence of the applicant,
and such other information as the City Clerk shall require.
'� w
69C_ .�0_40. R'he annual license fee for any individual or business
owning a mechanical amusement device operated within the City of
Orono shall be determined according to the total number of
machines located within the City and the amounts shall be the
fees prescribed in the current city fee schedule.
In addition, an annual license fee for each mechanical amusement
device shall be required. �'he annual license fee for each
machine shall be a fee in the amount prescribed by the current
city fee schedule.
69C.050. Prohibited Practices and Restrictions. No person,
firm or organization possessing an operator's icense hereunder
shall permit any minor, not accompanied by a parent or legal
guardian, to operate any mechanical amusement device in the oper-
ator's place �f business. No persons fiz�: or org3n�za�i.on shall
permit in his or her place of business the operation of any
mechanical amusement device for the making of side bets or gamb-
ling in any form. No prize, award, merchandise, gifts or any-
thing of value shall be given to any such player of such mechanical
amusement device.
No person operating or having control of any licensed mechanical
amusement device shall permit or allow any minor to use any -
mechanical amusement device therein, or to be, remain in, or fre-
quent any such business if any non-intoxicating malt liquor or
intoxicating liquor is served or allowed to be consumed in the
room where such mechanical amusement devices are kept.
69C.060. Violations by Minors. Any minor who uses a mechanical
amusement device or is in a licensed business contrary to the
provisions of 69C.050 of this ordinance shall be guilty of a vio-
lation of this ordinance.
69C.070. Penalties. Any person violating any provision of this
ord—inance sha e guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not to exceed $500 or by
imprisonment in the County jail for not to exceed 90 days or both.
Section 2. Publication. This Ordinance shall be published
_ in the Lake Minnetonka Sun and shall be effective upon publication.
Adopted by the Orono Council this 28 day of November , � ,
1977 by a vote of 5 ayes and 0 nays.
s. iam B. V n est, yor
Walter Benson
Clerk/ inistrator
Published in the Lake Minnetonka Sun this day of � � ,
1977.
. _ . 2
� i ' '
ti
� �
ORDINANCE N0. 203
AN ORDINANCE TO AMEND FEE SCHEDULE
ORDINANCE NO. 197 OF THE
MUNICIPAL CODE OF THE CITY OF ORONO
RELATING TO MECHANICAL AMUSEMENT DEVICES
THE CITY COUNCIL OF ORONO ORDAINS:
Section l. Ordinance No. 197 of the Municipal Code of
the City of Orono is amended by adding:
Owner's Applicable
Mechanical Amusement Devices Lic. Fee Code Sec.
(Annual) $100 69C.040
Annual License Fee for
Each Mechanical Amuse-
ment Device $ 25 69C.040
Section 2. This Ordinance shall be published in the Lake
Minnetonka Sun and shall be effective upon publication.
Passed by the Orono Council this 28th day of November,
1977, by a vote of 5 ayes and 0 nays. �
William B. Van es , Mayo
Attest:
�ir�
Wal er R. n,
Clerk/Adm' istrator
Published in the Lake Diinnetonka Sun on the day of ,
19 .
ORDINANCE NO. 204
1�N ORDINANCE TO Al'�IELdD THE P'IUPIICIPAL CODE
OF ORONO BY AP'IET�dDING SECTIOPd 12. 030 TO
DECREASE THE P'iEPZBERSHIP OF THE HUMAPd RIC;HTS
coruRzsszora
TFiE CITY COUNCIL OF OROPdO ORDAINS:
Section 1. Chapter 12 of the P4unicipal Code
of the Cit� of Orono is amended to read as follows:
12.030. Composition. The Human Rights Comr.iission
shall consist of 8 members who shall be appointed by the City
Council with the recommendation of the Hur.ian Rights Commission
and may be removed individually by a 3�5 vote of the Council.
The Council r.iay appoint one of its own r.lembers to the Hur,ian
Rights Co�ission. If it does not appoint a Council member
to the Human Rights Commission, the Council may designate one
Council r:iember liaison between the Corunission and the Council.
Section 2. This Ordinance shall be published in the
Lake P4innetonka Sun Pdewspapers and shall be effective upon
publication.
Passed by the Orono Council this 12 day of
Decen�►ber , 1977, by a vote of 3 ayes and�— nays.
�ai liam B. an est, P4ayor
Attestz� ��
ti�alte enson, Clerk- dministrator
Ordinance No. 205
AN ORDINANCE TO AMEND THE MUNICIPAL CODE
OF THE CITY OF ORONO RELATING TO MAXIMUM
FINES FOR ORDINANCE VIOLATIONS
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
Section 1. The Municipal Code of the City of Orono
is amended by adding the following section:
. 010. Pursuant to Laws of Minnesota 1977, Chapter
355, Section 5, all ordinances of the City of Orono which pre-
scribe a maximum fine of $300 or imprisonment for 90 days for
an ordinance violation shall now be deemed to prescribe a
maximum fine of $500 or imprisonment for 90 days or both.
Section 2. This ordinance shall be published in the
Lake Minnetonka Sun and shall be effective upon publication.
Passed by the City Council this 12 day of December ,
1977, by a vote of 3 ayes and 0 nays.
.
William B. Van Nest, Mayor
ATTEST:
�/ �-
alter R. on
Clerk/Admi istrator
d�
� Published in the Lake Minnetonka Sun
on the day of , 1977
_ e
ORDINANCE NO. 2 0 6
AN ORDINANCE ANN�NDING ORDINANCE 189 AND
TI-� MUNICIPAL CODE OF ORONO BY LISTING
THE LEGAL DESCRIPTIONS OF CERTAIN
PROPERTIES IN TI-lE CITY REZOI�D FROM
LR-1-C-1 'In B-5
The City Council of the City of Orono Ordains:
Section 1. The mtmicipal code of the City of Orono is amended by amending
the official zoning map and boimdaries for portions of the LR-1-C-1 One Family
Lakeshore Residential Subdistrict to B-S Limited Neighborhood Business District,
and by amending Ordinance 189 to read:
The following described properties are hereby rezoned from LR-1-C-1 One
Family Lakeshore Residential Subdistrict to B-S Limited Neighborhood Business
District.
Property One: Lots 15 and 16, Block 6, Na.varre Heights
Plat 42740 Parcel 6000
Plat 42740 Parcel 6050
South 1/2 Section 17 - T-117-R23
Hennepin Coi.mty, Minnesota
Property Two: South 233 ft. of E 150 ft. of Government Lot 8 and
that part of Lot l, Block 9, Townsite of Langdon Park
lying W of a line drawn N at right angles to S line
of Sectian 17 - T117-R23 from a pt on said S line dis
1315.97 ft. W froan S 1/4 cor of said Section 17 which
lies S of a line drawn par with and 233 ft. N of said
S line of Section 17 except road.
Plat 41317 Parcel 4405
South 1/2 Section 17 - T117-R23
Hennepin County, Minnesota
Property Three: South 233 ft. of E 140 ft. of W 340 ft. of that pa.rt
of Gov�ern�nt Lot 8 lying E of Streaters Spring Park
Addition except road.
Plat 41317 Parcel 4606
South 1/2 Section 17 - T117-R23
Hennepin County, Minnesota
Property Four: Com at a pt in the S line of Gov�ernment Lot 8 distance
340 ft. E from the SE cor of Streaters Spring Park
Additian th N 233 ft. th E to a pt 150 ft. W fram E
line of Lot 8 th S 233 ft. to S line thereof th W to
beg except road.
Plat 41317 Parcel 4617
South 1/Z Section 17 - T117-R23
Hennepin Cowity, Minnesota.
. . L-
Section Z. This ordinance shall be published in the Lake Minnetonka Swl
and shall be effective upon publication.
Adopted by the City Council of Orono, Minnesota, at a regular meeting held
January 9, 1978.
William B. Van Nest, Mayor
ATTEST:
Walter R, nson, Clerk/Administrator
Published in the Lake Mi.nnetonka Sun
on the day o f , 19 7 8.
Ordinance No. 207
ORDINANCE TO OPEN THE REMAINING
PORTION OF MINNETONKA AVENUE
The City Council of the City of Orono ordains:
Section 1: The City of Orono hereby opens for public
use that part of Minnetonka Avenue (formerly Tonka Avenue)
lying west of Briar Street (formerly Third Avenue) in the
plats of Crystal Bay, Minnetonka and Monterey, on Minnetonka,
Hennepin County, Minnesota.
Section 2: This ordinance shall be published in the
Lake Minnetonka Sun and shall be effective upon publication.
Passed by the Orono City Council this g day of
Februar� , 1978, by a vote of 3 ayes and 0
nays.
William B. Van Nest, ayor
ATTEST:
alter R. e son,
Clerk/A inistrator
Published in the Lake Minnetonka Sun
as of the day o� , 1978
� " � '
�
a
Ordinance No. 208
AN ORDINANCE TO AMEND THE MUNICIPAL
CODE OF THE CITY OF ORONO BY AMEND-
ING CHAPTER 25A ESTABLISHING RATES,
CHARGES, AND REGULATIONS FOR THE
USE OF MUNICIPAL WATER
The City Council of Orono Ordains:
Section l. Chapter 25A of the Municipal Code of the
City of Orono is amended by amending Section 25A. 010 to read
as follows:
25A. 010. Water Rates. The rate due and payable to the
city by each water user within the city for water taken from
the city water supply system shall be the amount prescribed
in the current city fee schedule which fee schedule shall
provide for charges to be billed to all users on the quarterly
basis throughout the year based on actual water consumption
with a minimum quarterly charge in the amount prescribed by
the current city fee schedule,
Said rate will become effective immediately in accord-
ance with the current city fee schedule established each year,
and will be reflected on the billing for the first quarters
ending hereinafter. In case the meter is found to have stopped,
or to be operating in a faulty manner, the amount of water used
will be estimated in accordance with the amount used previously.
Where service is for less than a quarterly period the
quarterly minimum charge will be prorated on a monthly basis.
(a) When water is desired �ar construction purposes,
the owner shall make application therefor and if for any reason
the meter cannot be installed at that time, the charges for
the water shall be set forth under water rates, and when the
building is completed, the meter shall be set in the regular
way.
(b) Water bills shall be mailed to the customers
quarterly and shall specify the water consumed and the charge
in accordance with the foregoing rates, and in addition a
penalty of 15 percent which shall be added to the amount due
if not paid within 45 days after the date of the bill. Pay-
ments received by mail postmarked on or before the �forty-fifth
day shall be deemed as paid within said period.
� f
(c) Rates due and payable to the City by each water
user located beyond the territorial boundaries of the city
shall be on the same basis as specified in the amount pre-
scribed by the current city fee schedule plus a percentage
to be determined in the discretion of the City Council.
(d) Connection charges for connection with the city
water system shall be set by resolution of the council for
each project.
Section 2. This ordinance shall be published in the
Lake Minnetonka Sun and shall be effective upon publication.
Passed by the Orono City Council this 16 day of
March , 1978, by a vote of 4 ayes and p
nays.
� � �
Acting Mayor
ATTEST:
Walter R Benson,
Clerk/ ministrator
Published in the Lake Minnetonka
Sun on the day of , 1978.
,
. �
y � .
QRDINANCE N0. 209
AN ORDINANCE TO AMEND FEE SCHEDULE ORDINANCE N0.
197 OF THE MUNICIPAL CODE OF THE CITY OF ORONO
RELATING TO MUNICIPAL WATER RATES.
THE CITY COUNCIL OF ORONO ORDAINS:
Section l. Ordinance No. 197 of the Municipal Code
of the City of Orono is amended by adding:
Applicable
Municipal Water Rates Charges Code Section
For all users $. 90 per
(.Quarterly) 1000 gallons 25A. 010
Minimum charge of
8,000 gallons or
less per meter unit
(Quarterly) $7.20 25A. 010
• Section 2. This ordinance shall be put in the Lake Minne-
tonka Sun and shall be effective upon publication.
Passed by the Orono City Council this 16 day of r�arch �
1978, by a vote of 4 ayes and 0 nays.
� � �
Acting Mayor
Attest:
�aalter R. enson
Clerk-Ad inistrator
Published in the Lake Minnetonka Sun on the day of
, 1978.
. � •
� ,;
ORDINANCE N0. 210
C I TY OF OFtONO
ON-SITE SEhvAGE TREATMENT CODE
AN ORDINANCE REGULATING TH� DESIGN, LGCATION,
CONSTRUCTION , ALTERATION, USE AND MAINTENANCE
OF ALL ON-SITE SEWAGE TREATMENT SYSTEI�IS WITHIN
THE CITY OF ORONO: REQUIRING PERMITS FOR AND
LICENSING OF PERSONS ENGAGED IN THE CONSTRUC-
TION AND SERVICING THEREOF: PROVIDING FOR THE
INSPECTION OF SUCH SYSTEMS AND THE ABATEMENT
OF NUISANCES : AND PROVIDING PENALTIES FOR
VIOLATIONS OF THIS ORDINANCE.
Adopted on the 13th day of April , 1978 .
� t ��
TABLE OF CONTENTS
Pa e
22 . 01 Title and Statement of Purpose
1 . Short Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2 . Statement of Purpose . . . . . . . . . . . . . . . . . . . 2
22 . 10 Definitions
1 . Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2 . Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
22 . 20 General Provisions
l . Treatment Required . . . . . . . . . . . . . . . . . . . . . .7
2 . Jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3 . Standard System Required . . . . . . . . . . . . . . . .7
4 . Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 . Building Permit Applications. . . . . . . . . . . . 8
6 . Subdivision Applications . . . . . . . . . . . . . . . . 8
22 . 30 System Design and Construction
1. Design Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2 . Site Evaluation. . . . . . . . . . . . . . . . . . . . . . . . . 9
3 . Syst2m Design. . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4 . Construction Permits Required. . . . . . . . . . 10
5 . Construction Inspection Required . . . . . . . 11
22 .40 System Operation , Use and Maintenance
1 . Existing Systems . . . . . . . . . . . . . . . . . . . . . . . 11
2 . System Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
3 . 5ystem Maintenance . . . . . . . . . . . . . . . . . . . . . 11
4 . Septic Tank and Holding Tank Pumping. . .12
22 . 50 Administration
1. Administrating Officer . . . . . . . . . . . . . . . . . 13
2 . Inspection Programs . . . . . . . . . . . . . . . . . . . . 13
3 . Annual Service Charge. . . . . . . . . . . . . . . . . . 15
4 . Contractor Licensing. . . . . . . . . . . . . . . . . . . 15
22 .60 Enforcement , Violation and Penalties
1 . Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 . Violation and Penalties. . . . . . . . . . . . . . . . 16
3 . Civil Enforcement. . . . . . . . . . . . . . . . . . . . . . 17
22 .70 Adoption
1 . Interpretation Conflict and
Separability. . . . . . . . . . . . . . . . . . . . . . . . 17
2 . Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
, ,
Ordinance No. �0
AN ORDINANCE REGULATING THE DESIGN, LOCATION,
CONSTRUCTION , ALTERATION , USE AND MAINTENANCE
OF ALL ON-SITE SEv�AGE Tk�ATMENT SYSTEMS WITHIN
THE CITY OF ORONO: REQUIRING PERMITS FOR AND
LICENSING OF PERSONS �NGAGED IN THE CONSTRUCTION
AND SERVICING THEREOF: PROVIDING FOR THE II�SPECTION
OF SUCH SYSTE�S AND THE ABATEMENT OF NUISANCES :
AND PROVIDING PENALTIES FOR VICLATIONS OF THIS
ORDINANCE
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
Section 1 : Chapter 22 of Orono Municipal Code is
amended to read as follows:
SECTION 22 . 01 TITLE AND STATEMENT OF PURPOSE
Subdivision 1 : Short Title . This ordinance and its
provisions shall be known as the "On-Site Sewage Treatment
Code of the City of Orono" and will be referred to herein
as "this code. "
Subdivision 2: Statement of Purpose. The City Coun-
cil of Orono is concerned about the manner in which sanitary
sewage is disposed of and the effect of such disposal upon
the city. Recognizing the need to regulate those systems and
facilities intended to be used for the disposal of sewage,
and pursuant to the powers and jurisdictions vested through
Minnesota Statutes and other applicable laws, ordinances and
regulations , the City of Orono does hereby adopt this code for
the following purposes :
1 . To provide minimum standards and criteria for the
design, location, construction , use and maintenance of all
on-site sewage treatment systems (hereinafter "systems" )
within the city.
2 . To protect the land � water and other natural
resources from pollution, impairment or destruction.
3 . To protect the public health , safety and general
welfare of the residents and citizens of the city.
4 . To prevent the discharge of inadequately treated
sewage to ground or surface waters.
-2-
/
5 . To prevent the flooding of or flood damage to oper-
ating systems.
6 . To prevent the premature extension of costly muni-
cipal sewer and water services consistent with the adopted
Comprehensive Land Use Plan of the city.
SECTION 22 . 10 : DEFINITIONS
Subdivision 1 : Rules . For the purposes of this code,
the following words and terms shall have the meanings and
interpretations set forth herein. The word "shall" is manda-
tory and the words "should" and "may" are permissive.
Subdivision 2 : Definitions.
1 . On-site Sewage Treatment System (hereinafter "sys-
tem" or "on-site system" ) : A device or series of intercon-
nected components designed , installed and maintained for the
purpose of safely treating and disposing of sewage and domes-
tic wastes , whenever such system is not part of a central
sewer system.
(a) Standard System: The standard system permitted by
this code shall consist of a building drain and building sewer ,
two septic tanks, a distribution system, and a subsurface soil
treatment and absorption area consisting of a series of gravity-
fed drainfield trenches and an alternate area for future relo-
cation of the drainfield.
(b) Alternative Systems : Alternative systems permitted
under controlled conditions by variance to this code include
modified standard systems ; pressure-fed , shallow trench, seep-
age bed , mound, aerobic , greywater ano osmosis systems ; toilet
waste treatment devices ; and holding tanks.
(c) Prohibited Systems : Systems hereby prohibited
from being installed and/or used within the city include
cesspools , seepage pits and privies.
(d) Individual System: A system serving an individual
building, typically a single family residence.
(e ) Collector System: A system serving two or more
buildings , typically including individual septic tanks con-
nected to a cor;�mon soil treatment and absorption area.
( f) Commercial System: A system serving any non-
residential building.
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(g ) New System: Any proposed system or any newly
constructed system, which construction takes place after
the adoption of this code , shall be a "new system" until
the time of final inspection and agproval by the city.
(h) Existing System: Any system constructed and in
use prior to the adoption of this code. "New systems" shall
become "existing systems" after issuance of the initial
Inspection Report by the city.
( i ) Conforming System: A system which meets all the
location, design and construction standaras of the Design
Manual , and which is operating satisfactorily by treating
and disposing of the entire current sewage input without dis-
charging any pollutants into ground or surface waters.
(j ) Substandard System: A system which does not meet
all the location, design or construction standards of the
Design �anual , but which is presently operating satisfactorily
by treating ano disposing of the entire current sewage input
without discharging any pollutants into ground or surface
waters.
( k ) Non Conforming System: A prohibited system; a
system located within a designated 10-year floodplain; or
any system which does not meet all the location , design or
construction standards of the Design Manual and/or which is
being used beyond its capacity or for any other reason has
failed to treat properly and/or dispose of the entire current
input and is therefore :
(1 ) Discharging pollutants , or any liquid , to the
surface of the ground or to any lake , stream or other
body of water ; or
( 2) Not accepting sewage input from an occupied
building ; or
( 3 ) Creating a safety hazard due to unprotected
or impraper construction or maintenance ; or
(4 ) Creating a public nuisance in any manner .
2 . Building : Every building , structure or place
intended for human habitation or use as a dwelling or agricul-
tural, commercial , industrial or other establishment.
3 . Central Sewer : A sewage collection system termin-
ating in a treatment plant or Metropolitan Waste Control
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Commission facilities , and not utilizing septic tanks or soil
treatment and absorption areas. �
4 . Cesspool : A underground pit into which raw sewage
or other untreated waste is discharged and from which the
liquid seeps into the surrounding soil.
5 . City: The City of Orono.
6 . Construction: Any action which in any way affects
the physical components of any new or existing system, includ-
ing construction, installation, extension, alteration or repair ,
not to include pumping.
7 . Contractor : A person licensed under the provisions
of this code to engage in the business of system construction
and pumping.
8 . Design Manual : "The Orono On-Site Sewage Treatment
System Design Manual , " as amended.
9 . Disposal : The evaporation or absorption of puri-
fied liquids after treatment of the raw sewage.
10 . Inspection Report: The official report of the
results of the inspection by the city, including any official
orders to repair or replace non-conforming systems.
11 . Holding Tank : A water tight tank for storage of
sewage until the sewage can be transported to an off-site
point of treatment and disposal , includes portable toilets
serviced by contract , as normally used for temporary service
at construction or recreation sites.
12 . MPCA: The Minnesota Pollution Control Agency.
13 . Owner : Any person having legal or equitable title
or sufficient proprietary interest in any building or land sub-
ject to the provisions of this code. For purposes of notifi-
cation, the owner shall be the occupant of the property or
the person listed as taxpayer on the current tax rolls.
14 . Person: Any natural person, group of persons ,
firm, corporation or other legal entity.
15 . Pollutants : Bacterial or chemical impurities
including pathogenic bacteria, infectious viruses , toxic
chemicals, excess nutrients (nitrogen and phosphorous)
unpotable water , or septage.
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16 . Privy: An outhouse; a cesspool enclosed by a
building, typically not served with running water .
17 . Pumping : The removal by gravity, syphon or
mechanical means of any liquid or septage from septic or
holding tanks.
18 . Seepage Pit: An underground pit into which a
septic tank discharges treated liquid and from which the
liquid seeps into the surrounding soil , including septic
tanks which are not watertight.
19 . Septage: Those solids and liquids which collect
in and must be periodically removed from septic tanks, aerobic
tanks and holding tanks.
20 . Septic Tank : Any watertight , covered receptacle
designed and constructed to receive the discharge of sewage
from a building sewer , to separate solids from liquid, to
oigest organic matter , to store septage through a period of
detention and to allow clarified liquids to discharge for
further treatment in a second tank or in a soil treatment
area.
21 . Sewage: Any water carried domestic waste, exclu-
sive of footing and roof drainage , fr�m any dwelling or build-
ing. Domestic waste includes , but is not limited to liquid
waste and liquid-borne solids produced by bathing, laundry,
culinary operations and wastes from toilets and floor drains .
22 . Soil Treatment Area: An area where liquids dis-
charged by a septic tank are treated and disposed of below
the ground surface by filtration and percolation through the
soil.
23 . Structure: 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.
24 . Treatment: The purification of raw sewage by the
removal or neutralization of pollutants through separation,
bacteriological processes , biological and physical filtra-
tion, and gasification.
Subdivision 3 . Terms Not Defined Herein. Words and
terms not defined herein shall have those meanings as set
forth in the Design Manual , the Zoning Code as amended , the I
Subdivision Code as amended, and MPCA Regulations WPC-40.
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SECTION 22. 20 GENERAL PROVISIONS
Subdivision 1 . Treatment Required. All sewage gener-
ated within the city shall be disposed of by connection to a
central sewer system or shall be treated and disposed of in
an on-site system according to the provisions of this code.
Subdivision 2 . Jurisdiction. The provisions of this
code shall apply to the method of sewage disposal from every
building within the city intended for human use or habitation,
whether such use is permanent, temporary or seasonal , regard-
less of the date of original construction or use.
1 . The owners of all buildings where central sewer
is available or becomes available , shall connect the buildings
to the central sewer within 16 months of the availability of
the sewer according to the provisions of Chapter 25 of the
Orono Municipal Code.
2 . The o�ners of those buildings which have been com-
pletely connected to central sewer shall be exempt from the
maintenance and inspection provisions of this code.
Subdivision 3 . Standard System Required. In areas not
served by central sewer systems , sufficient open land of suit-
able soil characteristics shall be provided for each building
to allow for the design, construction and use of a "standard"
on-site system. Standard systems are the only new systems
permitted by this code without a variance thereto.
Subdivision 4 . Variances . Should the city find that
any of the provisions of this code are not applicable to the
design, location, or construction of a specific system, or
would cause unnecessary or unintended hardship to the owner ,
the city may permit such variations therefrom as are not
contrary to the intent and purpose of this code or other
applicable law.
1 . Variance applications shall be reviewed by the
city upon written request of the owner or the owner ' s agent.
2 . Variances, when approved , shall be subject to all
conditions and requirements established by the city at the
time of approval or thereafter .
3 . Alternative system designs shall be reviewed by
the City Engineer who shall approve , conditionally approve or
disapprove of the proposal . The owner shall submit complete
site evaluation, design, construction and material specifi-
cations as required by the Design Manual and/or City Engineer
and the owner shall pay all costs incurred by the City
Engineer in the review of the proposal .
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4 . Site limitations including soil characteristics
and lot size may require Alternative System design for the
repair , alteration, extension or replacement of existing
systems , or for the construction of new systems on lots of
record as of the date of adoption of this code. In such
cases , the City Engineer shall have authority to approve ,
conditionally approve or disapprove the proposal.
5 . Subdivision proposals may include Alternative
Systems for one or more proposed lots. In such cases , the
City Engineer ' s review and recommendations shall be for-
warded to the Planning Commission and City Council for inclu-
sion in the review of the preliminary plat. The City Council
may approve , conditionally approve or disapprove of the pro-
posal and may require that the proposed subdivision be rede-
signed to reduce or eliminate the use of Alternative Systems.
Subdivision 5 : Building Permit A�lications. No
building permit snall be issued by the city for any new build-
ing which will be connected to a new on-site system until the
site evaluation report and system design specifications as
required by the Design Manual have been reviewed and approved
by the city. No building permit , plumbing or mechanical per-
mit shall be issued by the city for any expansion or altera-
tion of a building or use connected to an existing on-site
system, until such system has been inspected and certified
by the city as being in compliance with this code . Whenever
the addition of bedrooms , plumbing fixtures or mechanical
equipment , or a change in the character or intensity of the
established use is proposed, the city may require the review
and/or replacement, repair , alteration or expansion of the
existing system or any portion thereof.
Subdivision 6 : Subdivision Applications. No subdivi-
sion, lot division or replatting for the purpose of creating
a new building site, which property includes the use of on-site
systems , shall be approved by the city until a site evaluation
report as required by the Design Manual has been reviewed and
approved by the City Engineer , and all existing systems have
been inspected and certified by the city as being in compli-
ance with this code .
1 . Wnerever the site evaluation report indicates slopes
in excess of 12% , or percolation rates slower than 60 minutes
per inch, or ground water table less than five feet deep, or
soil classifications requiring the use of Alternative Systems ,
the site evaluation report shall also include specific system
design specifications as normally required for building permit
applications.
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2 . As part of any subdivision, the owner shall grant
to the city in a form approved by the City Attorney a per-
petual right of entry to allow for the future inspection of
all systems , which right of entry may be filed in the chain
of title for the property.
SECTION 22. 30 SYSTEM DESIGI� AND CONSTRUCTION
Subdivision 1 : Design Manual. All system permit appli-
cations , site evaluations , site locations, design specifica-
tions , construction methods and material specifications shall
be according to the minimum standards and criteria listed in
the Design Manual. The City Engineer and/or City Inspector
shall interpret the requirements of the Design Manual and may
require additional information to facilitate review of indi-
vidual applications.
1 . The Design Manual dated February 15 , 1978 , is
hereby adopted and made a part of this code as if set out
fully herein. Three copies shall be marked as official copies
and kept in the office of the City Clerk for public use and
examination.
2. The Design Manual may from time to time be amended
by ordinance of the City Council.
Subdivision 2 : Site Evaluation. The proposed site of
every new system or altered or expanded existing system shall
be investigated by a qualified site evaluator who shall pre-
pare and submit a report to the city therein identifying rela-
tive site elevations , ground water table depth , soils and soil
characteristics; tabulating the results of required soil borings
and percolation tests; and generally evaluating the suitability
of the site for system construction and use.
Subdivision 3 : �stem Design. System design specifica-
tions shall include proposed flows or other sizing information,
minimum septic tank capacity, minimum soil treatment area
requirements , a plan of the component layout, and all other
information necessary to assure the city that the system is
designed and will be constructed to receive , treat and dis-
pose of all of the sewage from the building served. Footing
or roof drainage , toxic chemicals, flammable liquids , animal
wastes , commercial process water and commercial kitchen grease
shall not enter any portion of the system but shall be separ-
ately treated and disposed of according to the applicable
regulations of the MPCA, the Minnesota State Board of Health
and the city.
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1 . New systems shall be located, designed and con-
structed as fully Conforming Systems.
2. Existing systems shall be repaired, altered or
expanded such that Conforming Systems remain fully Conforming
and Substandard Systems shall be improved in conformity or
made fully Conforming whenever such classification is reason-
ably obtainable .
3 . Existing Non-Conforming Systems shall be replaced
by fully Conforming Systems or may where feasible be repaired,
altered or expanded to become fully Conforming Systems.
Subdivison 4 : Construction Permits ReQuired. No per-
son shall construct, install , repair , alter , expose or affect
in any way any on-site system within the city without first
obtaining a permit from the city. This subdivision shall not
apply to pumping.
1 . Permits shall be issued only to licensed contractors.
2 . Separate permits shall be obtained for each separate
construction incident.
3 . Permits shall be issued only upon written applica-
tion by the contractor accompanied by all required site evalu-
ation reports and design specifications and approval of same
by the city.
(a ) The City Inspector shall review and approve , con-
ditionally approve or disapprove all residential Standard
System specifications.
(b) The City Engineer shall review and approve, con-
ditionally approve or disapprove all Commercial , Collector or
Alternative System applications.
(c) Collector and Commercial System applications shall
include evidence of an MPCA State Disposal System Permit when-
ever said system will serve 15 or more homes or 5000 or more
gallons per day, whichever is less . whenever the State Per-
mit is required, it shall be maintained in good standing at
all times.
4 . Permits shall be issued only upon payment of a per-
mit fee in the amount prescribed by the current city fee
schedule. The permit fee shall be doubled if construction
is commenced prior to permit issuance.
5 . Permits shall expire 120 days after issuance or
upon final inspection and approval for use by the city,
whichever occurs first.
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Subdivison 5 : Construction Ins ection Re uired. The
contractor issued a permit for on-site system construction
shall perform all work according to the design specifications
approved by the city for each particular system. All sub-
surface work including building sewer , septic tanks, distri-
bution system and soil treatment area shall be inspected by
the City Inspector prior to backfilling or covering of any
portion thereof. It shall be the resoonsibility of the
contractor to notify the city at least 24 hours prior to the
time an inspection will be required , and it shall be the
responsibility of the contractor to ensure that the inspec-
tion is accomplished and the construction is approved prior
to any backfilling, covering or continuation of the
construction.
SECTION 22 .40 SYSTEM OPERATION, USE AND MAINTENANCE
Subdivision 1 : Existing Systems require prudent use
and proper maintenance to ensure that each system will continue
to treat and dispose of the entire sewage input and operate
in conformance with this code. Therefore, this code provides
for certain maintenance standards and regular monitoring of
all systems within the City.
Subdivision 2: �stem Use. All owners using or con-
trolling the use of any on-site system shall use said system
in a pruoent manner , shall control the volume of liquid
discharged into the system consistent with the design capacity,
shall strictly limit the discharge of shredded garbage , resi-
dential kitchen grease or other solid matter into the system,
and shall prohibit the discharge into the system of footing
or roof drainage, toxic chemicals, flammable liquids , animal
wastes or commercial process water and commercial kitchen
grease.
Subdivision 3 : �stem Maintenance. All owners using
or controlling the use of any on site system shall perform
the following maintenance functions:
1 . System Location: Within 12 months of the adoption
of this code , a diagram shall be prepared and thereafter kept
on tne property showing location of the system including
the septic tank (s ) , distribution box (es ) and soil treatment
area.
2. Annual Inspection: within 12 months of the adoption
of this code, and at least once between March 1 and June 30
of each succeeding year , the inspection manhole and the inspec-
tion pipe of every septic tank and holding tank shall be opened
and the depth of the scum and sludge accumulated in the tank
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shall be measured. Whenever existing septic tanks are not
provided with inspection manholes or pipes, the owner of said
tank shall install same within 12 months of the adoption of
this code. At the same time that the septic tank is opened for
inspection, each distribution box shall be opened and any
accumulated solids shall be placed in the septic tank for
treatment.
3 . Regular Pumping : Septic tanks and/or holding tanks
shall be regularly pumped of septage as provided by this code.
4 . Owner ' s Records: Full and accurate records shall
be kept on the property which records shall list the date of
every septic tank or holding tank pumping, the contractor
responsible for the pumping and the gallons removed, the date
and nature of all system repairs or alterations occuring
after the adoption of this code , and shall include copies
of the most recent City Inspection Report classifying the
operation of the system.
Subdivision 4 : Septic Tank and Holding Tank Pumpin .
No person shall pump or remove any septage (liquids or solids )
from any septic tank or holding tank without complying with
the requirements of this section.
1 . Required Pumping : The owner of each septic tank
or holding tank shall cause said tank to be pumped for the
removal of septage when required by one or more of the following
provisions:
a) Sludge buildup: Septic tanks shall be pumped
whenever measurement of the tank indicates that
the top of the sludge layer in the tank or any com-
partment thereof is less than 12 inches below the
bottom of the outlet device.
b) Regular pumping : No septic tank shall remain
in service without being pumped at least once
every three years , whether or not measurement
indicates a sludge buildup. Each existing septic
tank shall be pumped at least once within 36
months of the adoption of this code and thereafter
at least once within 36 months of each succeeding
pumping .
c) System failure: iJon-conforming systems dis-
charging pollutants shall have the septic tanks
regularly pumped to limit or eliminate effluent
discharge until satisfactory repairs have been
completed.
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d) Holding tanks: Holding tanks shall be pumped
on a regular basis and in all cases shall be pumped
before overflowing occurs.
2. Contractor Require6: All septic tank and holding
tank pumping shall be performed by licensed contractors.
3 . Offsite Disposal Required: All septage removed
from septic tanks or holding tanks shall be removed from the
site in sealed containers and shall be disposed of in a
sanitary location and manner according to the requirements of
the Metropolitan waste Control Commission.
4 . Registration Required : Each pumping of every
septic tank and holding tank shall be registered with the City
on forms provided for that purpose, within 7 days of the
pumping. The contractor shall certify to the City the owners
of the property, property address, date of pumping , gallons
removed and location of sanitary disposal . Failure to register
any pumping with the City shall be cause to revoke the
contractor ' s license and/or forfeiture of the bond and may
result in the City Inspection Report ' s classifying the
system as non-conforming.
SECTION 22 . 50 ADNINISTRATION
Subdivision 1 : Administrating Officer . The provisions
of this code shall be administered by the Building and Zoning
Department and the Zoning Administrator who shall coordinate
all license aoplications, permit applications and inspection
services . The City Engineer shall review and evaluate techni-
cal matters including system design and installation as pro-
vided herein. The City Building Inspector and/or a specially
appointed On-site System Inspector shall be responsible for
day to day administration and inspection service.
Subdivision 2: Inspection Program. For purposes of
insuring continued proper use and maintenance of all existing
onsite systems , the City shall periodically inspect each existing
system and shall classify each system as Conforming, Substandard
or Non-Conforming.
1 . Right of Entry: The City Inspector shall have the
right of entry onto every property in the City, which property
includes an on-site system, for purposes of inspecting said
system for conformity with the provisions of this code . Each
construction permit issued after adoption of this code shall
extend the right of entry to the City Inspector by explicit
approval of the owner requesting such permit, which approval
may be filed in the chain of title for the property. Failure
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of any party to grant the City access for this purpose shall be
grounds to classify any system on the property as Non-Conforming.
The City Attorney shall thereafter take such action as is
necessary to enable the City to perform the inspection and to
enforce all the provisions of this code, and to assess the cost
thereof against the property.
2 . Inspection Report. Within 30 days after the inspec-
tion of each system by the City, the City shall provide the
results of said inspection in writing to the owner of the system,
including the classification of the system as Conforming,
Substandard or Non-Conforming. Notice of Non-Conforming
systems shall include orders for maintenance, repairs or
replacement , the procedures for obtaining all required permits,
the deadline for completion of the construction or pumping
and the penalties for failure to comply with the order .
3 . Conforming Systems shall be inspected by the City at
least once every two years.
4 . Substandard Systems snall be inspected by the City
at least once each year .
5 . Owners of NonConforming Systems shall be issued
orders requiring maintenance , repair , alteration or replace-
ment. Systems found to be nonconforming due to location or
construction shall be relocated and/or made conforming
within one calendar year from the date of the order . Systems
found to be non-conforming due to failure or pollution hazards
shall have remedial action required within a reasonable
period of time as follows:
a) Septic tanks requiring pumping shall be pumped
within 48 hours.
b) Septic tanks or systems found to be clogged,
overflowing, leeching or otherwise discharging
pollvtants shall be pumped within 48 hours an�
thereafter as needed and the system shall be
repaired, altered or replaced within 90 days.
6 . Collector and Commercial systems required to obtain
and maintain a MPCA State Disposal System Permit shall be
classified as Non-Conforming if the State Permit lapses.
In such case , orders shall be issued to cease use of the
system within 10 days, such use to be discontinued until
reinstatement of the State Permit.
�
7 . Failure to obey a lawful order requiring repair , `
alteration or replacement of a Non-Conforming System shall be
cause for the City to enjoin the owner or occupant from further
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rt / -
use of the system. Upon notice, the owner shall have 10 days
to show cause to the City why the property should not be
condemned for occupance according to Minnesota Statutes 463.15
et. seq.
Subdivision 3 : Annual Service Cha�: An annual service
charge in the amount prescribed by the current City fee scnedule
shall be paid by the owner of every building connected to an
on-site system, such charge for purposes of administering and
enforcing the City Inspection Program as provided for herein.
A separate charge shall be due for each separate system located
on each property.
1 . The Service charge shall be due 45 days after receipt
of a statement following March 31 , 1979 , and each March 31
thereaf ter .
2. It shall be the duty of the City Clerk/Administrator
to endeavor to collect all delinquent accounts.
3 . On or before August 15th of each year beginning in
1979 , the City Administrator shall prepare an assessment roll
providing for the assessment of the delinquent accounts against
the respective properties, and shall certify same to the County
Auditor who shall thereupon enter such amount with the tax levy
on said property collectible with the taxes for the next year.
Subdivision 4 : Contractor Licensin Required. No per-
son shall engage in the business of on-site system construction
or pumping without being first licensed by the city. No
license shall be issued until all the following requirements
have been met:
1 . Application: Every applicant shall file with the city
an application for licensing on forms provided . Renewal appli-
cations shall be filed annually on or before April 1 of each
year.
2. Bond : The applicant shall procure and file with the
city a satisfactory surety and penalty bond in a minimum amount
of $2 ,000 . Such bond shall be continued in effect at all
times by the licensee, and shall contain a provision that it
may not be cancelled until at least 30 days ' written notice
of the intention to cancel shall have been given to the city
by the bonding company. The bond will be forfeited to the
city if the licensee does not well and truly perform all work
in accordance with the provisions of this code, including the
submission of all reports and information due the city. The
licensee and bond shall hold harmless and indemnify the city
from any claims against the city arising out of the licensee ' s
-15-
business , and further will restore and pay for any damage
which may be done to any city property by the licensee.
3 . Insurance: The applicant shall procure and main-
tain satisfactory liability insurance against damages arising
from the licensee ' s business, such insurance to be in the fol-
lowing minimum amounts: $300 ,000 for injuries or death to more
than one person from one accident; $100 ,000 for injuries or
death to one person from one accident; $50 ,000 for property
damage from one accident . A current certificate of insurance
shall be filed with the city at the time of license application.
4 . Fee: The applicant shall pay to the city a license
fee in the amount prescribed by the current city fee schedule
for a license which shall expire on the next succeeding April 1 .
The license shall be renewable on April 1 of each year by pay-
ment of an additional fee and filing of current bond and certi-
ficate of insurance . The license is non-transferrable , and may
not be prorated.
5 . Approval by Council: Applicant shall satisfy the
City Council that the applicant is qualified by training and
experience to engage in the business of constructing and pumping
on-site systems in accordance with the requirements of this
code.
6 . License Revocation: Upon complaint by the City
Engineer or City Inspector that the licensee has failed to
provide the city with all required reports or information,
or has failed to correct or replace work when required by the
inspector , or has in any other way caused the city to question
the ability of the licensee to do business according to the
provisions of this code , the licensee shall be notified of
a hearing before the City Council to determine why the
license should not be revoked and the bond forfeited. Revo-
cation of any outstanding license, or disapproval of any
license application, shall be for cause noted in the record
of the City Council . Construction or pumping after revoca-
tion shall be a violation of this code , punishable as pro-
vided herein.
SECTION 22 . 60 ENFORCEMENT, VIOLATION AND PENALTIES
Subdivision 1 : Enforcement. It shall be the duty of
the City Engineer and/or duly authorized City Inspector to
enforce the provisions of this code and to bring to the atten-
tion of the prosecuting attorney any violations or lack of
compliance herewith.
Subdivision 2: Violation and Penalties. Any person
who fails to comply with, or violates any of the provisions of
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this Code , shall be subject to a fine of not more than $500 or
imprisonment for a period not to exceed 90 days, or both, such
fine and imprisonment pursuant to the provisions of the statutes
of the State of Minnesota, Chapter 335 , Section 5. Each day -
of violation or non-compliance shall constitue a separate offense.
Subdivision 3 : Civil Enforcement. Appropriate actions
and proceedin�s may be taken by law or in equity to prevent any
violation of the provisions of these codes to prevent unlawful
construction, to recover damages, to restrain, correct or
abate a violation, to prevent illegal occupancy of a building,
or to prevent continued use of a non-conforming on-site system,
and these remedies shall be in addition to the penalties des-
cribed above.
SECTION 22 .70 AllOPTION
Subdivision 1 : Inter�retation, Conflict and Separabilitv.
1 . Minimum Requirements: In their interpretation
and application, the provisions of this code shall be held to
be the minimum requirements for the protection of the public
health, safety, and general welfare.
2 . Conflict with Public Provisions : This code is
not intended to interfere with, abrogate, or annul any other
ordinance , rule or regulation, statute, or other provision
by law. Where any provision of this code imposes restrictions
different from those imposed by any other provision of this
code or any other oroinance , rule or regulation, or other
provision of law, whichever provisions are more restrictive or
impose higher standards shall control.
3 . Separability: If any part or provision of this code
or application thereof to any person or circumstances is
adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part ,
provision, or application directly involved in all controversy
in which such judgment shall have been rendered and shall not
affect or impair the validity of the remainder of this code or
the application thereof to other persons or circumstances . The
City Council hereby declares that it would have enacted the
remainder of this code even without any such part, provision,
or application.
Subdivision 2 : Amendments. For the purpose of protecting
the public health, safety , and general welfare, the City Council
may from time to time amend this code. Public hearings on all
proposed amendments shall be held by the city in the manner
prescribed by law.
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J
. � . � �
Section 2
Subdivision 1 : Repeal . Upon the adoption of this code,
the Orono N;unicipal Code Chapter 22, "Sewage Disposa"1 Systems:
Regulations and Adoption of the City of Orono" as amended: is
repealed in its entirety to be replaced by this code.
Subdivision 2: Enactment. In order that on-site systems
be designed, located , constructed, used and maintained according
to the intents and p�rposes of this code, this code is hereby
adpted as an Ordinance of the City of Orono.
Subdivision 3 : Publication. This Ordinance shall be-
come effective upon publication in the Lake Minnetonka Sun.
Passed by the City Council this 13th day of April ,
1978 , by a vote of 4 ayes and 0 nays.
Councilmembers Voting For Approval :
Councilmembers Voting Against Approval:
S v�i�
William B. Van Nest, Mayor
ATTEST:
s.'
Walter . e ,
Clerk/Admi strator
Published in the Lake Minnetonka Sun
on the _�_ day of pqav , 1978 .
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ORDINANCE NO. 211
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF ORONO RELATING TO THE APPOINTMENT OF
CHAIRPERSON AND VICE CHAIRPERSON AND VACANCIES
OF THOSE POSITIONS FOR THE PLANNING COMMISSION,
PARK COt2MISSION AND HUMAN RIGHTS COMMISSION;
AMENDING CHAPTERS 7, 9 AND 12 OF THE ORONO
MUNICIPAL CODE BY ADDING CERTAIN SECTIONS
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
Section 1. Chapter 7 of the Municipal Code of the City
of Orono is amended by amending Section 7. 030 to read as
follows:
7 . 030. Organization - Meetings. The council shall
appoint a chairperson and vice chairperson from among the
appointed members for the term of one year commencing January
lst of each year. Any vacancy of the chairperson or vice
chairperson shall be filled by appointment by the council for
the unexpired portion of the term. The connnission may create
and fill such other offices and committees as it may determine.
The commission shall hold at least one regular meeting
each month. It shall adopt rules for the transaction of busi-
ness and shall keep a record of its resolutions, transactions,
findings and determinations, which record shall be a public
record. Expenditures of the commission shall be within amounts
appropriated for the purpose by the City Council.
Section 2. Chapter 9 of the Municipal Code of the City
of Orono is amended by amending Section 9. 040 to read as
follows:
9 . 040. Organization - Meetings. The City Council shall
appoint a chairperson and vice chairperson from among the
appo�,nted members for the term of one year commencing January
lst of each year. Any vacancy of the chairperson or vice
chairperson shall be filled by appointment by the council for
the unexpired portion of the term. The commission may create
and fill such other offices and committees as it may determine.
The commission shall hold at least one regular meeting
each month. It shall adopt rules for the transaction of busi-
ness and shall keep a record of its resolutions, transactions,
findings and determinations, which record shall be a public
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record. Expenditures of the commission shall be within amounts
appropriated for the purpose by the City Council.
Section 3. Chapter 12 of the Municipal Code of the City
of Orono is amended by adding Section 12. 070 to read as follows:
12. 070. Organization - Meetings. The council shall
appoint a chairperson and vice chairperson from among the
appointed members for the term of one year commencing January
lst of each year. Any vacancy of the chairperson or vice
chairperson shall be filled by appointment by the council for
the unexpired portion of the term. The commission may create
and fill such other offices and committees as it may determine.
The commission shall hold at least one regular meeting
each month. It shall adopt rules for the transaction of busi-
ness and shall keep a record of its resolutions, transactions,
findings and determinations, which record shall be a public
record. Expenditures of the commission shall be within amounts
appropriated for the purpose by the City Council.
Section 4 . This ordinance shall be published in the
Lake Minnetonka Sun and shall be effective upon publication.
Passed by the Orono City Council this 15 day of
June , 1978, by a vote of 4 ayes and 0
nays.
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William B. Van Nest, yor
ATTEST:
Walter R. son,
Clerk/Adm' istrator
Published in the Lake Minnetonka Sun
on the day of , 1978.
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ORDINANCE NO. 212
ORDINANCE ESTABLISHING AN INDUSTRIAL USER STRENGTH
CHARGE IN ADDITION TO THE CHARGE BASED UPON THE
VOLUME OF DISCHARGE BY AN INDUSTRIAL USER AND
ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE
FORMULA FOR THE COMPUTATION THEREOF TO RECOVER
OPERATION AND MAINTENANCE COSTS OF WASTE TREATMENT
SERVICES ATTRIBUTABLE TO THE STRENGTH OF THE
DISCHARGE OF INDUSTRIAL WASTE INTO THE SEWER
SYSTEM AND ESTABLISHING TAX LIEN AGAINST PROPERTY
SERVED IN CONNECTION WITH SUCH STRENGTH CHARGE
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
Section 1. The Municipal Code of the City of Orono is
amended by adding Sections 25. 930, 25.931, 25.932, 25. 933 and
25.934 to read as follows:
25. 930. Industrial User Strength Charge: Recitals.
The Metropolitan Waste Control Commission, a metropolitan
commission organized and existing under the laws of the State
of Minnesota (the "Commission" ) , in order to receive and
retain grants in compliance with the Federal Water Pollution
Control Act Amendments of 1972, and regulations thereunder
(the "Act" ) , has determined to impose an industrial user
sewer strength charge upon users of the Metropolitan Disposal
System (as defined in Minnesota Statutes, Section 473.121,
subdivision 24) to recover operation and maintenance costs
of treatment works attributable to the strength of the dis-
charge of industrial waste, such sewer strength charge being
in addition to the charge based upon the volume of discharge.
In order for the City to pay such costs based upon strength of
industrial discharge and allocated to it each year by the
Commission, it is hereby found, determined and declared to be
necessary to establish sewer strength charges and a formula
for the computation thereof for all industrial users receiv-
ing waste treatment services within or served by the City.
Furthermore, Minnesota Statutes, Section 444. 075, Subdivision
3, empowers the City to make such sewer charge a charge against
the owner, lessee, occupant or all of them and certify unpaid
charges to the county auditor as a tax lien against the
property served.
25. 931. Establishment of Strength Charges. For the
purpose of paying the costs allocated to the City each year
by the Commission that are based upon the strength of dis-
charge of all industrial users receiving waste treatment ser-
vices within or served by the City, there is hereby approved,
w
adopted and established, in addition to the sewer charge based
upon the volume of discharge, a sewer charge upon each person,
company or corporation receiving waste treatment services
within or served by the City, based upon strength of indus-
trial waste discharged into the sewer system of the City (the
"Strength Charge" ) .
25.932. Establishment of Strength Charge Formula. For
the purpose of computation of the Strength Charge established
by Section 2 hereof, there is hereby established, approved
and adopted in compliance with the Act the same strength charge
formula designated in Resolution No. 76-172 adopted by the
governing body of the Commission on June 15, 1976, such formula
being based upon pollution qualities and difficulty of disposal
of the sewage produced through an evaluation of pollution
qualities and quantities in excess of an annual average base
and the proportionate costs of operation and maintenance of
waste treatment services provided by the Commission.
25. 933. Strength Charge Payment. It is hereby approved,
adopted and established that the Strength Charge established
by Section 2 hereof shall be paid by each industrial user
receiving waste treatment services and subject thereto before
the twentieth (20th) day next succeeding the date of billing
thereof to such user by or on behalf of the City, and such
payment thereof shall be deemed to be delinquent if not so
paid to the billing entity before such date. Furthermore,
it is hereby established, approved and adopted that if such
payment is not paid before such date an industrial user shall
pay interest compounded monthly at the rate of two-thirds of
one percent (2/3�) per month on the unpaid balance due.
25. 934. Establishment of Tax Lien. As provided by
Minnesota Statutes, Section 444. 075, Subdivision 3, it is
hereby approved, adopted and established that if payment of
the Strength Charge established by Section 2 hereof is not
paid before the sixtieth (60th) day next succeeding the date
of billing thereof to the industrial user by or on behalf of
the City, said delinquent sewer strength charge, plus accrued
interest established pursuant to Section 4 hereof, shall be
deemed to be a charge against the owner, lessee and occupant
of the property served, and the City or its agent shall certify
such unpaid delinquent balance to the county auditor with taxes
against the property served for collection as other taxes are
collected; provided, however, that such certification shall
not preclude the City or its agent from recovery of such
delinquent sewer strength charge and interest thereon under
any other available remedy.
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Section 2. Severability. In the event any provision
�f this ordinance shall be held invalid or unenforceable by
any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
Section 3. This ordinance shall be published in the
I,a�e Minnetonka Sun and shall be effective upon publication.
�as�ed by the Orono City Council this 15th day of June, 1978,
3�y a vote of 4 ayes and 0 nays.
��
/s
William B. Van Nest, Mayor
ATTEST:
�S/
&Valter R. n,
Clerk/Admi ' strator
Published in the Lake Minnetonka Sun
on the day of , lg�g.
',�,,
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�ImV OF ORONO
ORDINANCE N0. 213
AN ORDINANCE AMENDING THE FLOOD PLAIN MANAGEMENT SECTIONS
OF THE ORONO MUNICIPAL CODE.
THE CITY �OUI�TCIL OF THE CITY OF ORONO ORDAINS AS FOLLOWS:
Section 1. The Municipal Code of the City of Orono is
amended by amending Sections 31.800 et, seq, to read as
follows:
31.800 Flood Plain and Wetlands Management
31.801 Statement of Purpose It is the purpose of this
Ordinance to promote the public health, safety, and general
welfare and to protect the public interest against uncoordinated
and unplanned land development which affects marshes , swamps,
wetlands, drainage ways, lakes and watercourses within the City
of Orono, which development, if allowed to continue, will result
in loss and damage to public and private improvements through
inundation by flood waters and subsequent expensive construction
of storm sewers and other public projects, in the irreparable
destruction of these valuable natural resources, �oss of water
retention facilities, open space and wildlife habitats, and
impairment of public and private water management program and
the retention of open land uses which will locate permanent
structures and artificial obstructions so as not to obstruct
' _ the passage of waters nor destroy the natural public water areas
marshes and wetlands within the City.
In addition to these general purposes, the specific intent
of this ordinance is to:
. (a) Reduce danger to health by protecting surface and
ground water supplies from the impairment which results
from incompatible land uses by providing safe and sanitary
drainage. �
(b) Reduce the financial burdens imposed both on this
community and on communities within the Minnehaha Creek
Watershed District and the individuals therein by frequent
floods and overflow of water on lands.
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(c) Permit and encourage planned development land uses
which will not impede the flow of floodwater or cause
danger to life or property.
(d) Permit and encourage land uses compatible with the
preservation of the natural vegetation and marshes which
are a principal factor in the maintenance of constant
rates of water flow through the year and which sustain
many species of wildlife and plant growth.
' (e) Avoid fast runoff of surface waters from developed
areas to prevent pollutional materials such as animal
feces, motor oils, paper, sand, salt and other debris,
garbage and foreign materials from being carried
directly into the nearest natural stream, lake or other
public waters.
(f) Encourage a suitable system of ponding areas to
permit the temporary withholding of rapid water runoff
which presently contributes to downstream flooding and .
general water pollution giving preference to areas which �
contribute to groundwater infiltration and recharge,
thereby reducing the need for public projects to contain,
' store and control such runoff.
(g) Provide sufficient land area to carry abnormal flows
of storm water in period of heavy precipitation, and to
prevent needless expenditures of public funds for storm .
sewers and flood protection devices which proper planning
could have avoided.
(h) Prevent the development of structures in areas unfit
for human usage by reason of danger from flooding, �
unsanitary conditions or other hazards . �
(i) Prevent the placement of artificial obstructions
which restrict the right of public passage and use of
the bed, bank and water of any creeks, marshes or
watercourses within the City. �
(j) Protect against potential loss of life, loss of
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, all of which adversely
• affect the public health, safety and general welfare.
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31. 802 Statutory Authorization Pursuant to the
National Flood Insurance Act of 1968, the Legislature of the
State of Minnesota has in Minnesota Statutes 1969, c. 104
delegated the responsibility to local governmental units to
adopt regulations designed to minimize flood losses. In
addition, the regulations of the Lake Minnetonka Conservation
District and the Minnehaha Creek Watershed District, the
open space policies of the Metropolitan Council and its
guidelines encouraging protection of marshes, wetlands and
the flood plain areas all support flood plain and wetlands
management controls as provided herein.
31. 803 Findings of Fact The flood plain & wetland areas of the
City of Orono are subject to periodic inundation which results
in potential loss of life, loss of property, destruction of
natural resources, health and safety hazards, disruption of
daily life and services, and extraordinary public expenditures
for flood protection and relief.
31.804 Method of Analysis This Ordinance is based upon
a reasonable method of analyzing flood hazards which is
consistent with the standards established by the Minnesota
Department of Natural Resources.
31.810 Definitions Words or phrases used in this
Ordinance sha11 be interpreted as defined in the Orono Zoning
Code or as specifically defined below. All other words or
phrases shall be interpreted so as to give them the same
meaning as they have in common usage and so as to give this
. Ordinance its most reasonable application.
Flood - a temporary rise in stream flow or stage that
results in inundation of the areas adjacent to
the channel.
Flood Frequency - the average frequency, statistically
determined, for which it is expected
that a specific flood state or discharge
may be equaled or exceeded.
Flood Fringe - that portion of the flood plain outside of
the floodway. Flood fringe is synonymous
with the term floodway fringe used in the
Flood Insurance Study.
Flood Plain - the areas adjoining a watercourse which have
been or hereafter may be covered by the
regional flood.
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Flood Proofing - 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 - the channel of the watercourse and those portions
of the adjoining flood plains which are reasonably
required to carry and discharge the regional flood.
Lake Minnetonka - the naturally occurring lake shown on all
the official maps referenced herein, including
all bays, channels, inlets, lagoons, marsh-
land and other water-connected portions
thereof, whether naturally occurring or
artificially created;
a) defined ordinary highwater elevation - �
929.4 feet MSL
b) defined flood plain boundary - 100
year flood - 931. 5 feet MSL.
MSL - Mean Sea Level elevation measured in feet.
Obstruction - any dam, wall, wharf, embankment, levee, dike,
pile, bridge, abutment, projection, excavation,
channel rectification, culvert, building, wire,
fence, stockpile, refuse, fill, structure, or
matter in, along, across, or projecting into
any channel, watercourse, wetlands, or regulatory
flood hazard area 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, or that is placed where
the flow of water might carry the same down- •
stream to the damage of life or property.
a) Natural Obstruction - any rock, tree, gravel
or analogous natural matter that is an
obstruction and has been located within the
floodplain by a non-human cause.
b) Artificial Obstruction - any obstruction
which is not a natural obstruction.
Ordinary High Water Mark - a mark delineating the highest water
level wh3.ch has been maintained for
a sufficient period of time to leave
evidence upon the landscape. The
ordinary high water mark is commonly
that point where the natural vegetation
changes from predominately aquatic to
predominately terrestrial.
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Reach - a hydraulic engineering term to describe a
longitudinal segment of a stream or river
influenced by a natural or manmade obstruction.
In an urban area, the segment of a stream or
river between two consecutive bridge crossings
would most typically constitute a reach.
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Re�ional Flood - a flood which is representative of
large floods known to have occurred
generally in Minnesota and reasonably
characteristic of what can be expected
to occur on an average-frequency in
the magnitude of the 100 year recurrence
interval. Regional flood is synonymous
with the term base flood used in the
- Flood Insurance Study.
Structure - anything,or part thereof, 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.
Wetlands or Marshland - lowlands covered with shallow and
sometimes temporary or intermittent
waters and also identifiable by
wetlands vegetation and soil types.
Wetlands Vegetation Z`ypes - including, but not li.mited to,
�bulrushes, cattails, arrowhead,
� sedges, marsh grasses as identi-
fied by Hennepin Soil and Water
Conservation District and/or
Circular 39 of the United States
Department of the Interior, Fish
and Wildlife Service.
Wetlands Soil Types - including, but not limited to, Marsh
(Ma) , Peat and Peaty Muck (Pa, Pm)
Lake Beaches (Lc, Ld) , Hamel (Ha) ,
. and Glencoe (Gc) as identified and
classified by the Hennepin Soil and
Water Conservation District and/or
Circular 39 of the United States
Department of the Interior, Fish and
Wildlife Service.
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31.820 Jurisdiction This Ordinance sha11 apply to a11
lands and waters within the corporate limits of the City of
Orono.
31. 821 Definition and Establishment .of Protected Areas
The "Flood Plain and Wetlands Conservation Area" within the City
of Orono, hereinafter referred to as the protected area, is
defined and established to be the low areas and flood plain
adjoining and including any watercourse or drainage way or body
of water subject to periodic flooding or overflow. These areas
are divided into the following three protected area districts:
(a) Floodway District (FW) - The Floodway District shall
include those areas designated as floodway in the Flood
Insurance Study, including without limitation the surface
and shoreline of Lake Minnetonka below elevation 929.4 MSL,
the surface and shoreline of other lakes, ponds and wetlands
below the o.rdinary highwater elevation, and the designated �
floodway of all streams and flowage areas.
(b) F1ood Fringe District (FFD) - The Flood Fringe District
sha11 include those areas designated as floodway fringe in
the Flood Insurance Study, including without limitation the
' shoreline of Lake Minnetonka between elevations 929.4 MSL
and 931.5 MSL, the area between the floodway and the edge
of the 100 year flood on all other lakes, ponds and streams,
• all designated sheet flow areas, all intermittent streams
and ponding areas and all lands containing soil types
classified as wetlands soils (defined herein) , whether or
� not there is water standing on those soils at any given
time. - "
(c) General Flood Plain District (GFP) - The General
Flood Plain District shall include those areas studied
by approximate methods and designated as unnumbered A
Zones by the Flood Insurance Rate Map. GFP areas may
include both Flood Way and Flood Fringe areas. Development
of lands containing designated GFP areas shall be contingent •
upon submittal by the developer of topographic data (at
contour intervals of no greater than 2 feet) and/or other
engineering analysis sufficient for the City to determine
the actual extent of the Flood Way and/or the Flood Fringe.
Upon such determination, the restrictions of the FW and
FFD districts shall apply.
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31. 822 Official Flood Protection Maps The boundaries of
the Flood Plain and Wetlands Conservation Areas shall be and
are hereby designated as shown on one or more of the following
official maps:
(a) Those areas designated and shown as stream, lake,
marsh, wooded marsh, submerged marsh, inundation area,
intermittent lake or intermittent streams by the United
States Department of the Interior, through the Geological
Survey on maps and supporting data designated as Mound.
Quadrangle, Minnesota (NW/4 Lake Minnetonka (1958) and
Excelsior Quadrangle, Minnesota (NW/4 Lake Minnetonka
(1958) ) .
� (b) Those areas designated and shown as wetlands soil
- types on the Wetlands Inventory and Classification aerial
plat map overlays prepared by the Hennepin Soi1 and Water
Conservation District (June, 1975) .
(c) Those areas designated and shown as General F1ood
Plain, Floodway or Flood Fringe by the Federal Insurance
Administration on the Flood Boundary and Floodway Maps,
Orono, Minnesota, and Flood Insurance Rate Maps, Orono
Minnesota, dated October_-17, 1978. Specifically
included herein is the explanatory material and tabular
information contained in the Federal Insurance Administration
Flood Insurance Study for Orono, Minnesota, dated April, 1978.
(d) The above maps and studies are hereby adopted by
. reference as the official maps for establishment of the
-Flood Plain and Wetlands Conservation Areas within the
City of Orono and are hereby made a part of this Ordinance
. as if fully set out herein, At least one copy of each
official map shall be kept on file in the office of the •
Clerk/Administrator and shall be available for public
review during all normal office hours.
31.823 Zoning Use Districts The Zoning Use Districts as
designated on the Official Zoning Map of the City of Orono
shall remain unchanged with the adoption of this Ordinance.
The provisions of this Ordinance, including the designation of
Flood Plain and Wetlands Conservation Areas, sha11 be in addition
to all other provisions of the Zoning Code. Whenever conflicts
occur between other provisions of the Zoning Code and provisions
of this Ordinance, the most restrictive provision shall prevail.
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31. 824 Regulatory Flood Protection Elevation - The -
Regulatory Flood Protection Elevation shall be an elevation
no lower than one foot above the elevation of the regional
flood plus any increases in flood elevation caused by
encroachments on the flood plain.
(a) The regulatory flood protection elevation within
the Floodway and Flood Fringe Districts shall be
established by adding 1.0 foot to the Base Flood Water
Surface Elevations within Floodway listed in the
Floodway Data Table contained in the F1ood Insurance
Study, Regulatory flood protection elevations between
cross-sections shall be interpolated.
(b) The regulatory flood protection elevation for
- Lake Minnetonka shall be 932. 5 MSL.
(c) The regulatory flood protection elevation within
the General Flood Plain District shall be calculated
by a qualified registered professional engineer in
accordance with procedures set forth herein.
31.830 Development Restricted �
31.831 Prohibition - Except as hereinafter specifically
permitted, no filling, grading, dredging, excavation, hardcover,
temporary or permanent structures, obstructions, septic systems,
well or other cons truction shall �be allowed within the Flood
Plain and Wetlands Conservation Area; nor on any lands within
26 feet thereof; nor on any land within 75 feet of the ordinary
highwater elevation of any lake shoreline, nor on land abutting,
adjoining or affecting said area if such activity upon those
adjacent areas is incompatible with the policies expressed in
this Ordinance and the preservation of those conservation areas -
in their natural state.
31.832 Floodway District (FW) - The following uses have
a low flood damage potential and do not obstruct flood flows.
These uses shall be permitted within the Floodway District to
the extent that they are not prohibited by any other ordinance
and provided all permits or authorizations are received as may
be required by other City ordinance or regula tion of other
governmental agencies having jurisdiction,, including without
limitation, the Minnesota Department of Natural Resources,
the Minnehaha Creek Watershed District, and the Lake Minnetonka
Conservation District.
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In addition, no use shall adversely affect the capacity
of the channels or floodways or any tributary to the main
stream or of any drainage ditch, or any other drainage facility
or system, and no use shall adversely affect the quality or
quantity of ground water runoff or the quality of the natural
environment.
(a) Permitted Uses : (When in conformance with the, Zoning Code. )
1. Agricultural uses such as pasture, grazing,
and wild crop harvesting.
2. Fish and wildlife sanctuaries.
3. Recreational uses such as fishing accesses,
unpaved hiking, biking, horseback or nature
trails, and picnic areas.
4. Residential uses such as lawns and gardens
provided no filling, grading or hardcover
is involved,
5. Seasonally installed residential boat docks
for� single family dwellings.
6. Natural stone rip rap shoreline protection. �
7. Sand beach blankets meeting the requirements
of the Department of Natural Resources
Regulation 6MCAR15021B.
(b) Conditional Uses: (�en in conformance with the Zoning Code. )
1. All other forms of shoreline protection
including wood, metal, mortared stone or
concrete seawalls.
2. All dredging or excavation of material from -
any lake bed, pond, or wetland or from land �
- adjacent thereto.
3. Al1 permanent boat docks or other similar -
structures. .
4. A11 multiple boat docks including residential
or commercial structures, whether seasonal or
permanent.
5. Water control structures such as dams, culverts,
and weirs.
6. Bridges and abutments.
7. Utility lines.
g, Other s-�milar_ uses not specificaily- .iisted when�
approved bp the City Council and .other regula tory
agencies, but no use shail be approved which will
restrict or obstruct any flood flaw or which will
raise the level of any flood flow.
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31,833 Flood Fringe District (FFD) The following uses
have a low flood damage potential and do not obstruct flood
flows. These uses shall be permitted within the Flood Fringe
District to the extent that they are not prohibited by any
other ordinance and provided all permits or authorizations
are received as may be required by other City Ordinance or
regulation of other governmental agencies having jurisdiction,
including without limitation, the Minnesota Department of
Natural Resources, the Minnehaha Creek Watershed District,
and the Lake Minnetonka Conservation District.
In addition, no use shall adversely affect the capacity
of the channels or floodways or any tributary to the main
stream or of any drainage ditch, or any other drainage facility
or system, and no use shall adversely affect the quality or
quantity of ground water runoff or the quality of the natural
environment.
•
(a) Permitted Uses: (�en in conformance with the Zoning Code.)
1. A11 uses permitted in the Floodway District.
2. Agricultural uses such as general farming,
outdoor plant nurseries, horticulture, truck
farming and forestry.
3. Recreational uses such as golf courses, tennis
courts, driving ranges, archery ranges, parks
and nature preserves.
(b) Conditional Uses: (When in conformance with the Zoning Code. )
1. All conditional uses as listed for the Floodway
District.
2. Residential accessory structure� such as open
decks and patios provided the structure meets
the setbacks required by Section 31.831.
3. Commercial storage of boats �and marina equipment
in the B-2 Zoning Use District, provided all
storage meets the requirements of the B-2 Zoning
Use District.
4. Other accessory uses not specifically listed when
appzoved by the City Council, but no use shall be
approved which- will restrict or ohstruct any flond
flow or which will raise the level of any flood flow.
S. � All structures constructed as conditional uses
shall be constructed in accordance with the State�
Building Code.
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31. 834 Standards for Floodway and Flood Fringe Conditional
Us e s
(a) All Uses - No structure (temporary or permanent) , fill,
deposit, obstruction, storage of materials, or equipment, or
other uses may be allowed as Conditional Uses which, acting
alone or in combination with existing or reasonably anticipated
future uses, adversely affect the capacity of the floodway or
increases flood heights.
(b) Fill:
1. No fill sha11 be deposited in the floodway and
any fi11 deposited in the flood fringe shall be no
more than the minimal amount necessary to conduct
a Conditional Use listed above. Generally fill shall
be limited to that needed to grade or landscape for
that use and shall not in any way further obstruct
the flow of flood waters. .
2. Spoil from dredging sha11 not be deposited in
the floodway nor in the flood fringe.
3. All fill shall be protected from erosion by
vegetative cover in the form of grass, natural
ground covers, shrubs and trees as determined by
the City Council.
(c) Structural Work for Flood Control - Structural works
for flood control such as dams, levees, dikes and floodwalls
shall be allowed only upon issuance of a Conditional Use Permit.
In addition, any proposed work in the beds of public waters
which �aill chartge the course, current, or cross-section of the
waters sha11 be subject to, the provisions of Minnesota Statutes
1976, c. 105, and other applicable statutes.
31.835 Conditional Use Permit Review Applications for
conditional use permits shall be reviewed by the Planning
Commission and the City Council in the same manner as other Zoning
Code conditional use permit applications. No conditional use
permit sha11 be issued unless the applicant, in support of his
• application, shall submit certified engineering data, surveys,
site plans, flowage calculations, and other information as the
City may require in order to determine the effects of such
development on the affected land and water areas.
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(a) Notice to State - Upon filing of an application
for a Conditional Use Permit, the Zoning Administrator shall
submit to the Commissioner of Natural Resources a copy of�
the application for proposed conditional uses sufficiently
in advance so that the Commissioner will receive at least
ten days notice of the hearing. A copy of all decisions
granting conditional use permits shall be forwarded to the
Commissioner of Natural Resources within ten (10) days of
such action.
(b) Conditions of Approval - In granting a conditional
use permit the City may prescribe appropriate conditions and
safeguards, which are in conformity with the purposes of this
Ordinance. Violations of such conditions and safeguards,
when made a part of the terms under which the Conditional Use
Permit� is granted, shall be deemed a violation of this
Ordinance punishable as provided herein.
(c) Engineering Review - The City Engineer or other .
designated expert shall review applications for Conditional
Use Permits and applications for uses within the General
Flood Plain District and, consistent with Minnesota Regulation
NR86-87, shall determine whether the proposed use is in 'the
floodway or flood fringe and shall determine the regulatory
flood protection elevation. The designated engineer or expert
' shall:
1) Estimate the peak discharge of the regional flood.
2) Calculate the water surface profile of the regional
flood based upon a hydraulic analysis of the stream
channel and overbank areas.
3) Compute the floodway necessary to convey the regional
flood without increasing flood stages more than 0.5 ft.
An equal degree of encroachment on both sides of the
stream within the reach shall be assumed.
(d) Factors upon which the decision of the City shall be
based. In passing upon Conditional Use applications, the City
shall consider all relevant factors specified in other. sections
of this Ordinance, and:
1) The danger to life and property du�e to increased flood
heights or velocities caused by encroachments.
2) The danger that materials may be swept onto other lands
' or downstream to the injury of others.
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' 3) The proposed water supply and sanitation systems and
the ability of these systems to prevent disease,
contamination, and unsanitary conditions.
4) The susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owner.
5) The importance of the services provided by the proposed
facility to the community.
6) The requirements of the facility for a waterfront
location.
7) The availability of alternative loca tions not subject
to flooding for the proposed use.
8) The compatibility of the proposed use with existing
development and development anticipated in the
foreseeable future.
9) The relationship of the proposed use to the comprehensive
plan and flood plain 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 flood waters expected .
at the site. •
12) Such other factors which are relevant to the purposes
of this Ordinance.
31.836 City Determination Based upon the technical
evaluation of the designated engineer or expert, and based
upon the factors listed above, the City shall determine whether
the proposed use is in the floodway or flood fringe and the
regulatory flood protection elevation at the si te.
� 31.837 Conditions Attached to Conditional Use Permits
Upon consideration of the factors listed above and the purposes
of this Ordinance, the City may attach such conditions to the
granting of Conditional Use Permits as it deems necessary to
fulfill the purposes of this Ordinance. Such conditions may
include, but are not limited to, the following:
a) Modification of waste disposal and water supply
facilities.
b) Limitations on period of use, occupancy and operation.
c) Imposition of operational controls, sureties, and
deed restrictions.
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d) Requirements for construction of channel modifications,
dikes, levees, and other protective measures.
e) Flood proofing measures, in accordance with the State
Building Code. The applicant shall submit a plan or
document certified by a registered professional engineer
or architect that the flood proofing measures are
consistent with the regulatory flood protection elevation
and associated flood factors for the particular area.
31.840 Land Development and Plattin� No part of any lot
within the Flood Plain and Wetlands Conservation Area shall be
platted for residential occupancy or for other uses which will
increase the danger to health, life, property or the public
welfare. All lots containing land within the flood plain
districts shall contain a building site above the regulatory
flood protection elevation. All subdivisions shall have water
and sewage disposal facilities that comply with the provisions
of this Ordinance and have road access no lower than two feet
below the regulatory flood protection elevation. Whenever a .
portion of the Flood Plain and Wetlands Conservation Area is
located within or adjoins a land area that is being subdivided,
the subdivider shall dedicate to the City an adequate perpetual
easement over the land within the protected area and along each
side of such area for the purpose of improving or protecting
the area for drainage or other purposes expressed in this
Ordinance and other recreational uses, as determined by the
City Council. Public or private streets, driveways, drainage
openings and culverts shall not be constructed unless the
design thereof has been approved by the City, and such structures
sfiall be designed so as not to restrict the flow of water.
Subdivision applicants sha11 provide all certified engineering
data, surveys, site plans, flowage calculations and other
information as the City may require in order to determine the
effects of such development on the affected land and water areas.
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31. 841 Minimum Lot Area Requirements The minimum lot �
area requirements of the Zoning Code shall be interpreted
to mean that all of the required land area for each building
site sha11 be in one contiguous parcel undivided by Floodway
or Flood Fringe and no land within the protected area shall •
be included in determination of minimv.m lot area, except as
specifically provided for herein:
(a) For properties not served by municipal sanitary
sewer, the minimum lot area may be divided by Flood Fringe
lands provided at least 2.0 acres of land not within the
protected area is included in one contiguous parcel and
legal access is available to that building site without
encroachment on the protected area.
(b) For properties served by municipal sanitary sewer,
the minimum lot area may be divided by Flood Fringe lands
provided at least one half acre of land not within the protected area
is included in one contiguous parcel and both municipal sewer
and legal access is available to that building site without .
encroachment on the protected area.
(c) For residential properties served by municipal
sanitary sewer, a limited density credit may be allowed for
inclusion of Flood Fringe lands as part of the required
minimum lot area for purposes of complying with the land
use density, open space, building unit to land area ratios
or other similar requirements of the land development and '
zoning ordinances of the City. The own er or developer of
such property will be credited with an amount of his land
within the Flood Fringe equal to, but not exceeding, . the amount
of his adjacent land which otherwise qualified for development
under these ordinances. Such credit shall be conditioned upon
dedication of perpetual open space and flowage easements to
the City over all protected areas so utilized for density credit.
31.850 Special Assessments The land area in the Flood
Plain and Wetlands Conservation Area which is not to be
developed and is not used. for credit -as -in 31.841c, �and which
�s_ dedicated as an easement shall not be subject to special
assessmer;ts to defray the cost of other municipal improvement
projects, including .but not limited to trunk sanitary 'sewer . _
and water mains and storm sewer improvements.
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31. 860 Nuisance Any filling, alteration, construction
or artificial obstruction of the Flood Plain and Wetlands
Conservation Area is declared to be and to constitute a public
nuisance unless a permit to construct and maintain the
obstruction has been obtained in the manner provided herein.
31. 861 Removal of Artificial Obstructions If an
artificial obstruction is found after investigation by the
City, an order shall be issued to the owner, following ten
days written notice and hearing thereon, for removal within
a reasonable time as may be prescribed by the condition and
type of artificial obstruction. If the owner shall fail to
remove the artificial obstruction or if the owner cannot be
found or determined, the City shall have the power to make
or cause such removal to be made, the cost of which shall be
borne by the owner or specially assessed against the lands in �
the same manner as prescribed by law for the levy of special
assessments for municipal improvements notwithstanding
Section 31.850 herein. The special assessment shall be
certified to the county auditor for collection in the same
manner as the ad valorem real property tax of the City.
31. 862 Compliance No structure or land shall hereafter
be used and no structure shall be located, extended, converted,
or structurally altered without full compliance with the terms
of this Ordinance and other applicable regulations which apply
to uses within the jurisdiction of this Ordinance.
31.870 Administration The City of Orono Zoning Administrator
shall administer and enforce this Ordinance. If he finds a
violation of the provisions of this Ordinance he shall notify
the person responsible for such violation, indicating the nature
of the violation, and ordering the action necessary to correct it.
31.871 Permits Required A Use Permit issued by the Zoning
Administrator in conformity with the provisions of this Ordinance,
shall be secured prior to the erection, addition, or alteration
of any building, structure, or portion thereof; prior to the use �
or, change of use of a building, structure, or land; prior to the
change or extension of a Non-Conforming Use; and prior to the
placement of fill or excavation of materials within the flood
plain. Where required by this Ordinance or any other Zoning .
Code provisions, such use permit may require prior review and
approval by the Planning Commission and City Council.
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a) Permit applications shall be made to the Zoning Administrator
on forms provided by him and shall include all information
required by this Ordinance, other Zoning Code provisions, and/or
any other information required by the Zoning Administrator,
City Engineer, Planning Commission or Council.
b) State and Federal Permits - Prior to granting a Use Permit
or processing an application for a Conditional Use Permit or
Variance, the Zoning Administrator shall determine that the
applicant has obtained all necessary State and Federal permits .
31. 872 Permit Approval The granting of any permit under
other provisions of the Zoning Code shall not imply the approval
of any work or use of land or water within the Floodway or Flood
Fringe Districts. Where specifically� required by this Ordinance,
such approval may be expressly given in conjunction with other
permits applied for, but no approval shall be implied from the
grant of such permits nor from the necessity to apply for a
permit as described herein.
31. 873 Effect of Permit The granting of a permit under
the provisions of this Ordinance shall in no way affect the
owner's responsibility to obtain the approval required by any •
other statute, ordinance or regulation of any state agency
or subdivision thereof.
31.874 Certificate of Zoning Compliance It shall be
unlawful to use, occupy or permit the use or occupancy of any
building or premises,- or both, or part thereof hereafter
created, � erected, changed, canverted, or wholly or partly
altered or enlarged in its use ox structure until a Certificate
of Zoning Compliance shall have been issued therefor by the
Zoning Administrator stating that the use of the building or
land conforms to the requirements of this Ordinance. Where
a nonconforming use or structure is extended or substantially
altered, the Certificate of Zoning Compliance shall specifically
state the manner in which the nonconforming structure or use
differs from the provisions of this Ordinance.
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31.875 Construction and Use to be as Approved Use Permits,
Conditional Use Permits, or Certificates of Zoning Compliance
issued on the basis of approved plans and applications authorize
only the use, arrangement, and construction set forth in such
approved plans and applications, and no other use, arrangement,
or construction. Any use, arrangement, or construction at
variance with that authorized shall be deemed violation of this
Ordinance, and punishable as provided herein. The applicant shall
be required to submit certification by a registered professional
engineer, registered architect, or registered land surveyor that
the finished fill and building elevations were accomplished in
compliance with the provisions of this Ordinance. Flood-proofing
measures, where permitted, shall be certified by a registered
' professional engineer or registered architect.
31.876 Record of First Floor Elevation The Zoning
Administrator shall maintain a record of the elevation of the
first floor (including basement) of all new structures or
additions to existing structures in the flood plain districts . .
He sha11 also maintain a record of the elevations to which
structures or additions to structures are flood proofed.
31.880 Variances In extraordinary cases, the City Council
may authorize upon application such variance from the terms of
this Ordinance as will not be contrary to the public interest,
, where owing to special conditions a literal enforcement of the �
provisions of the Ordinance will result in unnecessary hardship
so that the spirit of the Ordinance shall be observed �nd
substantial justice done. No Variance shall have the effect of�
allowing in any district uses prohibited 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. �
(a) No Variance shall be granted which the Council
determines will or has a tendency to:
1) Increase the height or duration of flood water in
or along the Minnehaha Creek.
2) Result in the placement of an artificial obstruction
which will restrict the passage of flood water in such
a manner as to increase the height of .flooding, except
obstructions approved by the Minnehaha Creek Watershed
District in conjvnction with sound flood plain management.
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3) Result in incompatible land uses or which would be
detrimental to the protection of surface and ground
water supplies.
4) Increase the financial burdens imposed on the community
through increased floods and overflow of water onto
land areas within this City or onto land areas adjacent
to Minnehaha Creek.
5) Be not in keeping with land use plans and planning
objectives for the City of Orono or which will
increase or cause danger to life or property. •
6) Be inconsistent with the objectives of encouraging
land uses compatible with the preservation of the
natural land forms, vegetation and the marshes and
wetlands within the City of Orono.
7) Includes development of land and water areas essential
� to continue the temporary withholding of rapid runoff
of surface water which presently contributes to down-
stream flooding or water pollution or for land and water
areas which provide ground water infiltration which
diminishes the land area necessary to carry increased �
flows or storm water following period of heavy
precipitation.
(b) Notice to State Notice of all applications for
variances to this Ordinance shall be sent to the Commissioner
of Natural Resources in the same manner as prescribed herein
for notices of Conditional Use Permit applications.
C. Review Process, Relevant Factors and Conditions of
Appraval Applications for Variance to this Ordinance shall be
reviewed according to engineering conditions and relevant
factors in the same manner as provided herein for Conditional
Use .Permit applications and in granting a Variance the City
may prescribe appropriate conditions and safeguards which are
in conformity with the purposes of this Ordinance. Violations
of such conditions and safeguards, when made a part of the terms
under which the Variance is granted, shall be deemed a violation
of this Ordinance punishable as provided herein.
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31. 881 NonConforming Uses A �structure or the use of
a structure or premises which was lawful before the passage
or amendment of this Ordinance but which is not in conformity
with the provisions of this Ordinance may be continued subject
to the following conditions:
(a) No such use shall be expanded, changed, enlarged,
� or altered in a way which increases its nonconformity.
.
(b) No structural alteration or addition to any noncon-
forming structure over the life of the structure sha11 exceed
50 percent of its value at the time of its becoming a non-
conforming use, unless the structure is permanently changed
to a conforming use or unless the alteration or addition would
substantially reduce potential flood damages for the entire
structure.
(c) Any alteration or addition to any nonconforming use
which would result in substantially increasing its flood
damage potential shall be protected in accordance with .
Section 31. 837e of this Ordinance. .
(d) If such use is discontinued for twelve (12)
consecutive months, any future use of the building premises
shall conform to this Ordinance. The assessor shall notify
the Zoning Administrator in writing of instances of nonconforming
uses which have been discontinued for a period of twelve months.
(e) If any nonconforming use is destroyed by any means,
including floods, to an extent of 50 percent or more of its
assessed value, it� shall not be reconstructed. except in
conformity with the provisions of this Ordinance. However,
the City may issue a Conditional Use Permit for reconstruction
if the use is located outside the floodway and, upon the
reconstruction, is adequately floodproofed, elevated, or other-
wise protected in conformity with this Ordinance.
(f) Uses or adjuncts thereof which are or become nuisances
shall not be entitled to continue as nonconforming uses.
(g) Except as provided in Section 31.881e, any use which
has been permitted as a Conditional Use shall not be considered
as a nonconforming use.
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(h) Nonconforming uses located in the Floodway District
sha11 be eliminated or brought into conformity with the
standards contained in this Ordinance within a reasonable
period of time as determined by the City, after a hearing for
. each such nonconforming use, The Council shall make its
determination upon the basis of the normal useful life of
any improvement upon the premises. In addition, the monetary
value of any competative advantage derived by the operation
of such nonconforming use, by reason of the limitation on
establishment of competing businesses as a result of this
Ordinance, shall be considered as a reduction of losses .
resulti.ng from the requirement of termination of the use under
this Ordinance. �
31.890 Penalties for Violation Violation of the provisions
of this Ordinance or failure to comply with any of its require-
ments (including violations of conditions and safeguards
established in connection with grants of Variances or Conditional
Uses) shall constitute a misdemeanor. Any person who violated
this Ordinance or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than $500.00
or imprisoned for not more than ninety (90) days, or both,
and in addition shall pay all costs and expenses involved in
the case. Each day such violation continues shall be considered
a separate offense. Nothing herein contained, including the
imposition of a criminal penalty, shall constitute a waiver
of the right of the City or others to secure abatement of
violations by injunction or other civil legal remedy. �
31.891 Amendments The flood plain designation on the - _
official maps shall not be removed from flood plain areas unless
it can be shown that the designation is in error and that the area
is at or above the elevation of the regional flood and is
contiguous to lands outside the flood plain. Special exceptions
to this rule may be permitted by the Commissioner of Natural
Resources if he determines that, through other measures, lands
are adequately protected for the intended use.
All amendments to this Ordinance including ammendments
' to the official maps must be submitted to and approved by the
Commissioner of Natural Resources prior to adoption. Changes �
in the official maps also require prior approval by the
Federal Insurance Administration.
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31.892 Interpretation In their interpretation and
application, the provisions of this Ordinance 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 Flood Plain districts shall be
determined by scaling distances on the official maps.
Where interpretation is needed as to the exact location of
� the boundaries of the district as shown on the official maps,
as for example where there appears to be a conflict between
a mapped boundary and actual field conditions, the City
Engineer shall make the necessary interpretation based on
elevations on the regional (100-year) flood profile. ' The
person contesting the location of the district boundary
� shall be given a reasonable opportunity to present his case
to the City and to submit technical evidence if he so desires.
31.893 Abrogation and Greater Restrictions It is not
intended by this Ordinance to repeal, abrogate, or impair any
existing ordinance, regulation, easement, covenants, or deed
restrictions. However, where this Ordinance imposes greater
restrictions, the provisions of this Ordinance shall prevail.
31.894 Warning and Disclaimer of Liability This
Ordinance does not imply that areas outside the flood plain
districts or land uses permitted within such districts will
. be free from flooding or flood damages. This Ordinance
� shall not create liability on the part of the City of Orono
or any officer or employee thereof for any flood damages
that result from reliance on this Ordinance or any administrative
� decision lawfully made thereunder.
31.895 Separability �ery section, provision or part of
this Ordinance is declared separable from every other section,
provision or part; and if any section, provision or part thereof
shall be held invalid, it shall not affect any other section,
provision or part.
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Section 2. This Ordiriance shall be published in the
Lake Minnetonka Sun and shall be effective immediately.
Adopted by the City Council of the City of Orono on the
26 day of October , 19 78 , by a vote
of 3 Ayes and p Nays,
�� -
William B. Van Nest, Mayor
Walter B. Pdassengale, Acting P•�ayor
ATTEST:
�,����G���,�
Walter R. Benson, Clerk/Administrator
Alberta PZ. Strom, Deputy Clerk
I
Reaffirmed by the City Council of the City of Orono on the
14 day of Nc�vPmhPr , 1978, by a vote of
5 Ayes and p Nays.
Published in the Lake Minnetonka Sun
the day of , 19 .
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ORDINANCE N0. 214
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO
BY LISTING THE LEGAL DESCRIPTIONS OF CERTAIN
PROPERTIES IN THE CITY REZONED FROM B-1 to LR-lA
The City Council of the City of Orono Ordains:
- Section 1. The municipal code of the City of Orono is ;
amended by amending the Official Zoning Map and Zoning Use District I
Boundaries for certain parcels of land legally described as follows: `
�
The easterly seventy_ (70) feet of Lots 24 and 25, __ �
"Ora Park" on Lake Minnetonka, Hennepin Covnty, �
are hereby rezoned from B-1 Retail Sales Business -
District to LR-lA One Family Lakeshore Residential
District.
Section 2. This ordinance shall be published in the
Lake Minnetonka Sun and shall be effective upon publication.
Adopted by the City Council of Orono, Minnesota, at a
regular meeting held on the 14 day of Nover.iber , 1978.
�dL��d L1��.�Y1 �,✓�,
William B. Van Nest, Mayor i
ATTEST:
4�� ' �
Walter R. Benson, Cle"rk/A mini tratorn
Published in the Lake Minnetonka Sun
on the day of , 1978.
� ORDINANCE N0. 215
AN ORDINANCE REGARDING THE CITY FEE SCHEDULE
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Chapter 1 of the Municipal Code of the City
of Orono is amended by adding Section 1.095 to read as follows :
1.095 Fee Schedule - The City Council shall adopt by
Resolution and may from time to time amend by Resolution
a current schedule of fees or charges for permits, licenses,
zoning applications, penalties and other services as provided
by this Code or other Ordinance of the City. Said schedule
shall be known as the. "City Fee Schedule". The amounts
� listed in each schedule shall supercede amounts listed in
earlier schedules. In the event of an omission from the
fee schedule, the last listed amount in a previous schedule
or ordinance shall remain in effect.
SECTION 2. Ordinance 197 adopting a fee schedule for 1977;
and Ordinance 203 adopting a fee schedule for mechanical amusement
devices are hereby repealed in their entirety.
SECTION 3. This Ordinance shall be published in the Lake
Minnetonka Sun and shall be effective upon publication.
Passed by the City Council of the City of Orono on the twenty-third
day" of Januarv , 19 79 .
/
William B. Van Nest, yor '
ATTEST:
��
Walter R, enson, Clerk/Administrator
Published in the Lake Minnetonka Sun on the
day of , 19
_ �
ORDINANCE N0. 216
AN ORDINANCE ADOPTING THE MINNESOTA BUILDING CODE; PROVIDING
FOR ITS ADMINISTRATION AND ENFORCEMENT; REGUI�ATING THE ERECTION, �
CONSTRUCTION, L�'NI�ARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL,
DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA
AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THE CITY
OF ORONO; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION
OF FEES THEREFORE; PROVIDING PENALTIES FOR VIOLATION TIiEREOF;
REPEALING ORDINANCE 195 AND CHAPTER 21 OF THE ORONO MUNICIPAL-
CODE; AND AMENDING CHAPTER 20 OF THE ORONO MUNICIPAL CODE
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. The Municipal Code of the City of Orono is amended
by repealing Chapter 21 and by repealing Ordinance 195.
SECTION Z. The Municipal Code of the City of Orono is amended
by amending Chapter 20 to read as follows:
20. ADOPTION OF MINNESOTA STATE BUILDING CODE
20.010 Adoption of Code The Minnesota State Building Code
(hereinafter "State Building Code" or "SBC")has been adopted by Laws 1977,
Chapter 381 as a uniform building code applicable throughout the state.
Such code is hereby confirmed as the Building Code of the City of Orono
and is hereby adopted and incorporated by reference as if fully set out
herein. One copy of the State Building Code shall be on file and available
for public examination in the office of the City Clerk.
20.020 Current Edition The State Building Code adopted herein
shall mean the September, 1978 Edition of the State Building Code and all
Codes, Appendicie, Standards and Supplemental Materials as follows:
A. The City of Orono and the State Building Code adopts by
reference the following codes as if �fully set out herein:
. 1) 1976 Edition of the Uniform Building Code, identified as "UBC";
. 2) 1978 Edition of the National Electric Code, identified as "NEC";
3) 1971 American National Standard Safety Code for Elevators,
Dumbwaiters, Escalators and Moving Walks, identified as ANSI A17.1
-1971 and Supplements, ANSI A17.1a - 1972, ANSI A17.1b - 1973,
ANSI A17.1c - 1974, ANSI A17.1d - 1975, ANSI A17.1e - 1975, ANSI
A17.1f - 1975 and ANSI A17.1g - 1976; _
4) 1976 Minnesota Plumbing Code, identified as MEID 120 through MEiD 135;
ORDINANCE N0. 216 .
Page 2
20.020 Current Edition (Cont.)
5) "Flood Proofing Regulations", June 1972, Office of the Chief
Engineers, U.S. Army;
6) Minnesota Heating, Ventilating, Air Conditioning and
Refrigeration Code, identified as SBC 7101 through SBC 8505;
7) "Design and Evaluation Criteria for Energy Conservation in
New Building, Additions and Remodeled Elements of Buildings
and Standards for Certain Existing Public Buildings", identified
. as 2MCAR Section 1.16001 through 2MCAR Section 1.16006.
(SBC 6001 - 6006) ; .
8) State of Minnesota Mobile Home Installation Standards 1977,
identified as 2MCAR 1.90450 installations and related definitions
in 2MCAR 1.90103; and _ �
9) Standards of Performance for Solar Energy Systems and Subsystems
Applied to Energy Need of Buildings, 1977 Edition, identified as
2MCAR 1.16101 through 2MCAR 1.16107 .
. B. The City of Orono and the State Building Code adopt by reference
the following Appendicie, Standards and Supplemental Materials as if
fully set out herein:
1) Technical Requirements for Fallout Shelters, identified as
SBC Appendix "A".
2) Variations in Snow Loads, identified as SBC Appendix "B".
3) 1976 Uniform Building Code Appendix Chapter 23, Weights of
Building Materials and Appendix Chapter 35, Sound Transmission
Control.
` 4) Minnesota Plumbing Code Appendix "B", Definitions.
C. The following Appendicie, Standards and Supplemental Materials
referenced by the State Building Code as optional requirements
are hereby adopted as part of the Building Code of the City of .
Orono as if fully set out herein:
1) Minnesota Plumbing Code Appendix A, The Law Relating to
Licensing of Plumbers in Minnesota.
ORDINANCE N0. 2 16
Page 3
20.030 O�anization and Enforcement The organization of the
Building Department and enforcement of the Code shall be conducted within
the guidelines established by Chapter 2 of the Uniform Building Code.
The Code shall be enforced within the incorporated limits of the City of
Orono. The Building and Zoning Department shall be the Building Code
Department of the City of Orono. The Administrative Authority shall be
a State Certified "Building Official" so designated by the City Council
acting as the Appointing Authority.
20.040 Permits, Inspections and Fees The issuance of permits,
conduction of inspections and collection of fees shall be as provided for
in Chapter 3 of the Uniform Building Code. .
A. Fee Schedule - Building Permit Fees shall be payable to the
City of Orono prior to issuance of any permit. The amount of
the permit fee shall be according to Section 303(a) and Table 3-A
of the Uniform Building Code, except that the minimum permit fee
shall be as established by the current city fee schedule.
B. Plan Checking Fees - Plan checking fees shall be payable
according to Section 303(b) of the Uniform Building Code
prior to issuance of any permit requiring a plan review.
C. Special Inspection Fees - Additional special inspection
fees shall be payable prior to the service for inspection .
without a permit, reinspection, inspection outside the city,
or inspection on Big Island or Deering Island according to
rates established in the current city fee schedule.
D. Additional Charges - Where otherwise provided by law, .
ordinance, or the current city fee schedule, the permit applicant
shall pay additional charges prior to issuance of any building
permit. Such charges may include, but are not limited to,
park dedication fees, special assessment charges, utility access
or connection charges, metropolitan sewer access charges, and
zoning application fees.
E. Surcharge - In addition to the permit fees required above,
the applicant shall pay a surcharge in the amount fixed by law.
The a�unt required by law shall be remitted quarterly to the
Minnesota Department of Administration.
• � ,
ORDINANCE N0. 216
Page 4
SECTION 3. Violations and Penalties - The penalty described
in the Uniform Building Code, 1976 Edition, Chapter 1tao, Section 205, shall
be in keeping with Minnesota Statutes 609.031 which provides for a maximum �
fine of $500.00 or imprisonment for 90 days, or both.
� SECTION 4. This ordinance shall be published in the Lake Minnetonka
Sun and shall be effective upon publication.
Passed by the Orono City Council on the w .nt�—th i rc3 day of
January � lg 79
��!%" G``�
William B. Van Nest, Mayor
ATTEST:
�
Walter R. son, Clerk/Adm n rator
Published in the Lake Minnetonka Sun on the
day of , 19
�+ ..
OR.D INANCE NO. 217
AN ORDINANCE AMENDING CHAPTER 25 AND CHAPTER 25A
OF THE MUNICIPAL CODE OF ORONO RELATING TO THE
LICENSING OF PLUMBERS
THE CITY COUNCIL OF ORONO ORDAINS :
SECTION 1. The Municipal Code of the City of Orono
is amended by amending Chapter 25 and Sections 25.310, 25. 311 and
25. 312 to read as follows:�
25.310 Permit Required for Sewer Connections - No person
shall uncover, make any connection with or opening into, use, alter, or
disturb any public sewer or appurtenance thereof without f irst obtaining
a written sewer connection permit from the City and otherwise complying
with the terms of this section. All sewer connection permits issued
prior to December 31, 1972 shall expire on December 31, 1973. All sewer
connection permits issued after December 31, 1972 shall expire one year
, from the date of issuance thereof. An application as for an original
permit is required upon expiration or for renewal of any permit.
Permits shall be issued only to licensed master plumbers.
25. 311 Master Plumber License Required - No person shall engage
in the business of plumbing or sewer connection without f irst being
licensed by the State of Minnesota and the City. No license shall be
issued by the City until all of the following requirements have been met:
A) Application - Every applicant shall file with the city
" _ an application for licensing on forms provided. Renewal
applications shall be filed annually on or before April 1
of each year. Each application shall include the Master
� Plumber's State License Number. Each application shall be
accompanied by a State of Minnesota Department of Health
Bonding and Insurance Certificate providing evidence of
filing with tYie State a current bond and certificate of
insurance meeting the requirements of the Department of
Health.
. �
` ORDINANCE NO. 217 -
Page 2
B) In the event that the applicant does not provide a
State of Minnesota Department of Health Bonding and
Insurance Certificate, the applicant shall procure and
file with the City a satisfactory surety and penalty
bond in a minimum amount of $2, 000. Such bond shall be
continued • in effect at all times by the licensee, and
shall contain a provision that it may not be cancelled
until at least 30 days written notice of the intention
to cancel shall have been given to the City by the bonding
company. The bond will be forfeited to the city if the
licensee does not well and truly perform all work in
accordance with the provisions of this ordinance. The
' licensee and bond shall hold harmless and indemnify the
city from any claims against the city� arising out of
the licensee' s business, and furth er will restore and �
pay for any damage which may be done to any city property
by the licensee. The applicant shall also procure and
maintain satisfactory liability insurance against damages
arising from the licensee' s business, such insurance to
be in the following minimum amounts: Public Liability
Insurance, including Products Liability Insurance of at
least $50,000 -per person and $100,000 per occurrence, and
Property Damage Insurance of at least $10,000. A current
certificate of insurance shall be filed with the city at
the time of license application.
- 25.312 Section Repealed
C) Fee - There shall be no fee charged by the City for
. licensing of Master Plumbers.
D) Approval by Council - Applicant shall satisfy the City
Council that the applicant is qualified by training and
experience to engage in the business of constructing sewer
connections in accordance with the requirements of this
code.
E) License Revocation - Upon complaint by the City Engineer
or City Inspector that the licensee has failed to provide
� the City with all required reports or information, or has
failed to correct or replace work when required by the
inspector, or has in any other way caused the city to
question the ability of the licensee to do business according
to the provisions of this code, the licensee shall be noti-
fied of a hearing before the City Council to determine why
the license should not be revoked and the bond forfeited.
� .
O$DINANCE NO. 217
Page 3 "
E) Cont. Revocation of any outstanding license, or
disapproval of any license application, shall be for
cause noted in the record of the City Council.
Construction after revocation shall be a violation
of this code, punishable as provided herein.
SECTION 2. The Municipal Code of the City of Orono is
amended by amending Chapter 25A and Section 25A. 200 and by adding
Sections 25A. 201 to read as follows :
25A. 200 Permit Required for Water Connections - No person
shall uncover, make any connection with or opening into, use, alter,
or disturb any public water main or appurtenance thereof without
first obtaining a written water connection permit from the City and
otherwise complying with the terms of this section. Al1 water
connection permits issued after December 31, 1978 shall expire one
year from the date of issuance thereof. An application as for an
original permit is required upon expi�ation or for renewal of any
permit. Permits shall be issued only to licensed master plumbers.
25A.201 Master Plumber License Required - No person shall
engage in the business of plumbing or water connection without first
being licensed by the State of Minnesota and the City. No license
shall be issued by the City until all of the following requirements
have been met:
A) Application - Every applicant shall f ile with the city
an application for licensing on forms provided. Renewal applicatior�s
shall be filed annually on or before April 1 of each year. Each
application shall include the Master Plumber' s State License Number.
Each application shall be accompanied by a State of Minnesota
Department of Health Bonding and Insurance Certificate providing
evidence of filing with the State a current bond and certificate of
insurance meeting the requirements bf the Department of Health. �
I
B) In the event that the applicant does not provide a '
State of Minnesota Department of Health Bonding and Insurance �
Certificate, the applicant shall procure and file with the city a �
satisfactory surety and penalty bond in a minimum amount of $2,000. I
Such bond shall be continued in effect at all times by the licensee, �
and shall contain a provision that it may not be cancelled until at
least 30 days written notice of the intention to cancel shall have
been given to the city by the bonding company. The bond will be
forfeited to the city if the licensee does not well and truly perform
all work in accordance with the provisions of this ordinance.
- � .
� ORDINANCE NO. 217
Page 4
B) Cont. The licensee and bond shall hold harmless
and indemnify the city from any claims against the city arising
out of the licensee' s business, and further will restore and pay
for any damage which may be done to any city property by the
licensee. The applicant shall also procure and maintain satisfactory
liability insurance against damages arising from the licensee' s
business, such insurance to be in the following minimum amounts :
Public Liability Insurance, including Products Liability Insurance
� of at least $50, 000 per person and $100, 000 per occurrence, and
Property Damage Insurance of at least $10,000. A current
certificate of insurance shall be filed with the city at the time
of license application. .
C) Fee - There shall be no fee charged by the City for
. licensing of Master Plumbers.
D) Approval by Council - Applicant shall satisfy the City
Council that the applicant is qualified by training and experience
to engage in the business of constructing water connections in
accordance with the requirements of this code.
E) License Revocation - Upon complaint by the City
Engineer or City Inspector that the licensee has failed to provide
the city with all required reports or information, or has failed
to correct or �replace work when required by the inspector, or has
in any other way caused the city to question the ability of the
licensee to do business according to the provisions of this code,
the licensee shall be notified of a hearing before the City Council
to determine why the license should not be revoked and the bond
forfeited. Revocation of any outstanding license, or disapproval
of any license application, shall be for cause noted in the record
of the City Council. Construction after revocation shall be a
violation of this code, punishable as provided herein. •
SECTION 3. This Ordinance shall be published in the
Lake Minnetonka Sun and shall be effective upon publication.
Passed by the Orono City Council this twenty-third day
of January , 19 79 •
��
William B.. Van Nest, Mayor
AT S : Published in the Lake Minnetonka
Sun on
Walter . Benson, Clerk/Admi ' trator
.� `�,
ORDINANCE N0. 218
AN ORDINANCE AMENDING ORDINANCE 210, THE
ON-SITE SEWAGE TREATMENT CODE RELATING TO
CERTAIN ADMINISTRATIVE PROCEDURES AND
CONSTRUCTION STANDARDS �
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. The Municipal Code of the City of Orono is amended
' by amending Chapter 22 and Sections 22.30, 22.40, and 22.50 to read as
follows:
22.30 System Desi�n and Construction - Sub. 1, Paragraph 2:
The Design Manual may from time to time be amended by ordinance of the
City Council. Th� Design Manual is hereby amended by adoption of
Resolution No. 9 8 3 , dated January 23, 1979, A Resolution Amending Certain
Sections of Resolution No. 894, City of Orono On-Site Sewage Treatment
System Design Manual.
22.40 System Operation, Use and Maintenance - Sub. 3, Paragraph 2:
Annual Inspection - within twelve (12) months of the adoption of this code,
and at least once between March 1 and June 30 of each succeeding year, the
inspection manhole and the inspection pipe of every septic tank and holding
tank shall be opened and the depth of the scum and sludge accumulated in
the tank shall be measured. Whenever existing septic tanks are not provided .
with inspection pipes, the owner of said tank shall install same within
tweleve (12) months of the adoption of this code. At the same time that
the septic tank is opened for inspection, each distribution box shall be
opened and any accumulated solids shall be placed in the septic tank for
treatment. .
22.50 Administration - Sub. 3, Paragraph 1: The service charge
shall be due 45 days after receipt of a statement following January 31, 1979
and each January 31 thereafter. �
Sub. 4, Paragraph 5: Approval by Council - Applicant shall
satisfy the City Council that the applicant is qualified by training and
experience to engage in the business of constructing and pumping on-site
systems in accordance with the requirements of the code. Further, the
applicant shall have attended at least one "Home Sewage Treatment Workshop"
conducted by the University of Minnesota Agricultural Extension Service.
Applicants failing to attend this workshop shall be sub1ect to staff review
of the application to determine their competence.
� ` ti
� .
ORDINANCE N0. 21g
Page 2
SECTION 2. This Ordinance shall be published ia the Lake
Minnetonka Sun and shall be effective immediately.
Adopted by the City Council of the City of Orono on the twent�—third
day of January , 19 79 .
r
William B. Van Nest, Mayor
ATTEST:
Walter R. nson, Clerk/Administrator _
' Published in the Lake Minnetonka Su- on the
day of , 1979.
f I i�
' ORDINANCE N0. 219
AN ORDINANCE ESTABLISHING A MORATORIUM ON THE
GRANTING OF. BUILDING PERMITS, LAND SUBDIVISIONS,
REZONING APPLICATIONS, CONDITIONAL OR SPECIAL
USE PERMITS, VARLANCES, OR OTHER AUTHORITY FOR
� ADDITIONAL DEVELOPMENT IN THE STUBBS BAY AREA
AS DESCRIBED HEREIN.
THE CITY COUNCIL OF ORONO ORDAINS:
The Municipal Code of the City of Orono is amended by
,adding Ordinance No. ��:
SECTION 1. Statement of Policy The City Council finds
that the City is presently faced with the potential of numerous -
applications for development in the Stubbs Bay Area of Orono and
that there are existing problems in the area concerning housing . "
deterioration, crowding, substandard lot sizes, flood hazard problems,
and substandard or potentially failing septic systems all of which
are detrimental to the public health and general welfare. The
Council finds that the land use controls in effect over the last
ten years have not substantially effected the deterioration of the
area. The Council finds that changes in the prior existing land
uses and new information and reports developed over the last four
years have increased the Council's knowledge of the problems and
the Covncil' s ability to develop solutions to those problems.
The Covncil finds that an on-going review of the Comprehensive Guide
Plan has been ordered, is underway and will include detailed studies
and alternatives for the Stubbs Bay Area. The Council finds that
there is an overwhelming probability that the existing zoning
provisions and land use controls for the Stubbs Bay Area will be
amended following completion of the Comprehensive Plan review. The
Council also finds that such amending is a process that cannot be
accomplished until numerous detailed studies have been completed
and hearings held. During this interim period, it is desirable that
the Council establish guides for the benefit of those who wish to
develop property in order to bring about savings in public and
private expenditures and to provide to the public guides to future
City action.
The Council determines that there is an urgency involved because of
the need to control development during the interim period so that�
the benefits of proper planning will not be lost, to prevent
development which may add to the public burden, and to preserve the
status quo pending adoption of these measures so that the City wi11
not be impaired in its ability to effectuate the purposes and goals
of these planning efforts.
• � t •
Ordinance No. 219 �
Page 2
Since enactment of an amendment will undoubtedly modify existing
regulations concerning permitted land use and zoning performance
standards, the granting of various zoning and permit applications
during this interim period would be detrimental to the effectuation
of the Comprehensive Plan and contrary to the purposes of the zoning
enabling act, Minnesota Statutes SS462.351 " et. seq. The Council
further finds that it would be unwise, improper and unjust to allow
individual development to occur during this study period to avoid '
discrimination and unfair advantage to a few to the detriment of
the entire city. Therefore, the Planning Commission' s discretionary
authority to grant permits or aherlimitedltermlofsthiscordinanceein
shall not be exercised during t
SECTION 2. Restrictions on the Grantin of Permits and .
A�plications No building permits, land subdivision applications,
rezoning applications, conditional or special use permits, variances
or other authority for additional development in the Stubbs Bay Area
described in Section 4 shall be granted for any purpose which would
be inconsistent with the intent of this ordinance, including but
not limited to:
A. Single Family Dwellings; new construction or additions
B, Duplexes or Multi-Family Dwellings� or additionstion
" C. Com�nercial Development of any sort including new
construction or additions to any use listed as a
permitted or conditional use in the B-1, B-2, B'3,
B-4, or B-5 zoning use districts.
SECTION 3. Exceptions Because of extensive review and
numerous findings of fact by the Council over the past four years,
the following specific land usea and areethereforehexe ptefrom�heto
be proper in the Stubbs Bay Are
provisions of this Moratorium:
A. Building Permits for interior remodeling and renovation
of existing dwellings or existing residential accessory
structures.
r � �
Ordinance No. 219
Page 3 .
B. Building Permits for new residential accessory
structures or additions to existing residential
accessory structures except that no variances shall
be permitted.
C. Building Permits for new dwellings or additions to
existing dwellings on lots of 2.0 acres or more in
area when no variances are requested and providing
� . � that a standard on-site sewage treatment system is
acceptable vnder the provisions of Ordinance 210.
D. Residential land subdivisions limited to applications
involving no variance requests, when all resulting
lots shall be 2.0 acres or mor-e in area, and providing
that a standard on-site sewage treatment system is
feasible on all lots according to the provisions of
Ordinance 210.
SECTION 4. Restricted Area That portion of the City of
Orono that shall be subject to the restrictions of this Ordinance
is all the land within the North Half of Section 5, Township 117,
Range 23 located south of the Luce Line Trail. This land is
referred to herein as the "Stubbs Bay Area" and is generally bounded
by Tonkawa Road on the west, the Luce Line Trail on the north, Leaf
Street on the east, and Bayside Road or Stubbs Bay on the south.
This includes all property fronting on East Lake Street and all
property fronting on West Lake Street. -
SECTION 5. Duration This ordinance shall expire
July 31, 1979, without Council action, or it may be repealed earlier
if the Council determines that the requisite studies have been
completed and adopted and that appropriate evaluation and action,
including any necessary revisions of the Zoning Code, have been
finalized.
SECTION 6. Separability Every section, provision, or part
of this ordinance is declared separable from every other section,
provision, or part; and if any section, provision or part thereof
or action taken hereunder shall be held invalid, it shall not affect
any other section, provision or part.
•, . ' .
Ordinance No. 219
Page 4 .
SECTION 7. This Ordinance shall be published in the Lake
Minn etonka Sun and shall be effective immediately upon publication.
Adopted by the City Council of the City of Orono the
twenty-third day of January, 1979, by a vote of 4 a es and � nays.
1 .
William B. an Nest, Mayo
ATTEST:
,
� ����
Alberta Strom, Deputy Clerk
�
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. '�,
ORDINANC� N0. 22� ,
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF ORONO BY AMENDING
CHAPTER 39 RELATING TO THE SUBDIVISION AND REPLAT OF LAND AND
CHANGING THE REQUIRII�NTS FOR DEDICATIONS FOR PARK, PIAYGROUND
AND RECREATIONAL Pt1�tPOSES IN THE CITY OF ORONO.
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
Section 1. The municipal code of the City of Orono is
amended by amending Chapter'39, Section 39.170 as follows:
39.170 Parks, Playgrounds, Open Space, Storm Water �
Holding Areas and Ponds. '
Subdivision 1. Lands for Public Use Pursuant to Minnesota
Statutes 1971, State Statute 462.358, Subd. 2, the City requires all
subdividers as a prerequisite to 'approval of a final subdivision .
. or development of any land previously divided by plat, metes or bounds
_ or any other means, to convey to the City or dedicate to the public
use for 'park, playground, open space, storm water holding areas and ponds
a reasonable portion of the land being pl�tted or developed as hereinafter
specified, said portions to be approved by the City or in lieu thereof
the subdivider shall at the option of the City pay to the City, for use
in the acquisition, development or maintenance of public parks, play-
grounds or storm water holding areas or ponds, and debt retirement in
connection with land previously acquired for such public purposes, an
equivalent amount in cash based upon the undeveloped land value. The
form of contribution (cash or land, or any combination thereof) shall
be decided by the �Eity Council based upon need and conformarice with the
Comprehensive Land Use Plan.
Subdivision 2. Dedicated Land Requirements Any land to be
dedicated as a requirement of this section shall be reasonably adaptable
for the above public purposes. Factors used .in evaluating the adequacy
of proposed dedicated area�s shall include size, shape, topography,
. drainage, geology, tree cover, access and location. _ �
Subdivision 3. Standards for Determination The Park Coffiission
shall develop and recoffinend to the City Council for adoption standards
and guidelines for determining which portion of each such development
should reasonably be required to be so conveqed�or dedicated. Such
star}dards and guidelines may take into consideration the zoning classi-
fication to be assigned to the land to be developed, the particular
use proposed for such land, amenities to be provided and factors of
. density and site development as proposed by the subdivider. The Park
Com�nission shall further recommend changes and amendments from time to
time to such standards and guidelines to reflect changes in the usage
of land which may occur, changes in zoning classifications and concepts
Snd changes in planning and development concepts that relate to the
development and usages to which land may be put.
Ordinance No. 220
Page 2
Subdivision 4. Planninq Commission Recommendation. At the
preliminary subdivision review stage the Planning Commission shall, in
each case, recommend to the City Council the total area and location
of such land that the Planning Commission feels should be so conveyed
or dedicated within the development for the above public purposes and/or
the total amount of cash contribution to be made in liau of land. The
Planning Commission shall consider the need� and location for parks,
playgrounds, open space, storm water holding areas and ponds as
determined by the Park Commission and the Comprehensive Land Use Plan
of the City.
1) The Planning Commission may refer any proposed subdivision
to the Park Commission for their specific review and
recommendations.
2) The Planning Commission shall refer each proposed subdivision
to the Park Commission for their specific review and recommenda-
tions whenever the proposed subdivision includes forty (40) or
more acres of land and/or twenty (20) or more residential
dwelling units.
3) The Planning Commission shall refer all proposed land
dedications to the Park Commission for their review and
recommendations including land dedications offered by the
subdivider and/or proposals initiated by the Planning
Commission.
Subdivision 5. Park Commission Reconunendation. The Park
Commission shall, in each specific case referred to the Commission,
- recommend to the Planning Commission and to the City Council the
total area and location of such land that the Park Commission feels
should be so conveyed or dedicated within the development for the
above public purposes, a�ad/or the total am�ount of cash� contri.bution
to be made in lieu of land. The Park Commission shall consider the
need and location for parks, playgrounds, open space, storm water
holding areas and ponds as determined by the Comprehensive Land Use
Plan of the City.
Ordinance No. 220
Page 3
Subdivision 6 . Lands Desi�nated for Public Use on Official
Map or Comprehensive Land Use Plan Where a proposed park,
playground or other recreational areas, proposed achool site, storm
water holding areas, ponds, or other public ground that has been
indicated in the Comprehensive Land Use Plan is located in whole or
in part within a proposed subdivision, such proposed public site shall
be designated as such and should be dedicated to the City, School
District, or other proper governmental unit. If the subdivider chooses
� not to dedicate an area in excess of the land required under this
section hereof for such proposed public site, the City Council shall
not be required to act to approve or disapprove the plat of the .
subdivision for a period of ninety (90) days after the subdivider
meets all the provisions of this Code in order to permit the City
Council, School Board, or .other appropriate governmental unit to
consider the proposed plat and to take the necessary steps to acquire,
through purchase or condemnation, all or part of the public site
proposed under the Comprehensive Land Use Plan or similar master plans.
• Subdivision 7. Density and Open Space Requirements Land
area so conveyed or dedicated for the above public purposes and/or
its cash equivalent may not be used by a subdivider or owner as an
allowance for purposes of calculating the density requirements of
the development as set out in the City Zoning Code and shall be in
addition to and not in lieu of open space requirements for Planned
Unit Developments, open space easements, drainage, conservation and
flowage easements, utility and road easements.
Subdivision 8. Credit for Private Open Space Where private
open space for park and recreation purposes is provided in a proposed
subdivision and such space is to be a privately owned and maintained
by the future residents of the subdivision, such areas may be used for
credit at the discretion of the City Council against the requirement
of dedication for public _purposes, provided the City Council finds
it is in the public interest to do so and that the following standards
are met:
(a) That yards, court areas, setbacks, wetlands and other
open space required to be maintained by the Zoning Code shall
not be included in the computation of such private open space;
and
(b) That the private ownership and maintenance of the open
space is adequately provided for by written agreement; and
, � •
Ordinance No. 220
Page 4 �
� (c) That the private open space is restricted for park
and recreation purposes by recorded covenants which run
with the land in favor of the future owners of property
within the tract and which cannot be eliminated without
� the consent of the City Council; and
(d) That the proposed private open space is reasonably
adaptable for use for park and recreation purposes, taking .
into consideration such factors as size, shape, topography,
geology, drainage, access, and location of the private open :
space land; and
(e) That facilities proposed for the open space are in
. substantial accordance with the provisions of the
recreational element of the Comprehensive Land Use Plan,
and are approved by the City Council; and
(f) That where such credit is granted, the amount of credit
sha11 not exceed twenty-five percent (259'0) of the amount
calculated below.
Subdivision 9 . Funding, Accounting, Budgeting, Expenditure
of Cash in Lieu of Lands The City Council shall establish
a separate fund into which all cash contributions received from sub-
dividers in lieu of conveyance or dedication of land for park, playground,
and other public pu�poses shall be deposited. The City Council shall
establish separate budgeting and accounting procedures for such fund
and shall make from time to time appropriations from such fund for
acquisition of land for park, playground purposes and other public
purposes, for developing existing pa rk and playground sites or for
debt retirement in connection with land previously acquired for parks,
playgrounds and other pub.lic purposes.
Subdivision 10. Administrative Procedures The City-Covncil
shall establish such administrative procedures as they may deem necessary
and required to implement the provisions of this section this Code.
� �
Ordinance No. 220
Page 5
Subdivision 11. Mini.mum Land Area Dedication Whenever
the City Council determines that land dedication wi•11 be required as
a condition of subdivision approval, the Subdivider shall be required
to dedicate to the City for park, playground or other public purposes
an amount of land equal to, as a minimum, that percentage of gross
land area as set out below. Gross land area means the entire area
within the boundaries of the subdivision, including areas occupied �
by wetlands, drainageways or existing development. Gross land area .
excludes land dedicated for public roadway purposes.
1) Residential Development Land areas dedicated shall be '
located and approved by the City Council and shall be of a
size equal to or greater than the minimum area percentage
in the following table:
Dwelling Unit Density Mi�imum Percentage
(The greater of proposed density of gross land area to
or zoned permitted densitv) be dedicated
acres/d.u. d.u./acre
5.00 or more .20 or less 2-1/296
2.00 to 4.99 :50 to .21 596
1.00 to 1.99 ' 1.00 to .51 1096
:50" to .99 2.00 to 1.01 11%
.33 to .49 3.00 to 2.O1 129b
.25 to .32 4.00 to 3.01 13%
.16 to .24 6.00 to 4.01 1496 -
.15 or less 6.01 or more 1596
2) Commercial or Industrial Develonment Land areas �dedicated
shall be located and approved by the City Council and shall
be of a size equal to or greater than 2-1/2% of the gross
land area in the �subdivision.
Subdivision 12. Cash Contribution in Lieu of Land Dedication
Whenever the City Council determines that a cash contribution will be
required in lieu of the required land dedication, the Subdivider shall
be required to contribute to the City for park, playground or. other
public purposes an amount of cash as set out in tlie current city fee
schedule. No contribution is required for existing principal residential
units.
_ � _
" �Ordinance No. 220 .
Page� 6 �
Subdivision 13. Dedication Not Required - Dedication will
not be required for any combination af lots into one lot on which there
is a dwelling unit already existing nor for any alterations of existing
lot lines which alterations result in no increase in the number of
building sites.
Subdivision 14. Development of Land Previouslv Platted -
If the land has already been previously subdivided, the requirements
of this section shall apply at the time of issuance of a building
permit for the primary structure. The cash payment shall be as set
out in the current city fee schedule.
Subdivision 15. Future Subdivisionls - Any land which is
further subdivided, divided, or replatted subsequent to the �.mposition
of this section shall be subject to the requirements of the ordinance
then in effect concerning dedications of land for public purposes, and
. credit shall be given for any charges previously imposed upon that land
if the subdivider 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 applicable percentage of land or
equivalent market value in cash to be dedicated.
Section 2. This ordinance shall be published in the Lake �
Minnetonka Sun and shall be effective upon publication.
Passed by the Orono City Council this thirteenth day of
February , 19 79 , by a vote of 3 a es nd 0 nays.
� William B. Van e t, Mayor
A S •
Walter R enson, Clerk/Administrator
Published in the Lake Minnetonka Sun on the
day of , 19 .
. ,
� �
ORDINANCE N0. 221
AN ORDINANCE AMENDING CHAPTER 23 OF THE MUNICIPAL
CODE OF ORONO RELATING TO WATER WELL CONSTRUCTION:
REGULATIONS AND AD(}PTION OF CODE
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
Section 1. The Municipal Code of the City of Orono is
amended by amending Chapter 23 to read as follows :
23.010 Definitions For the purposes of this Chapter,
the terms defined in this Section have the following meanings :
,
A. "Water Supply System" includes the well, casing,
screen, pump, pressure tank, all piping and wiring up
to the pressure tank outlet.
B. "Water Well Contractor" or "Contractor" means a
qualified well driller licensed with the State of
Minnesota and the City of Orono.
C. "Existing Well" includes any well regardless of
depth or diameter, whether in use or not, that has not
been abandoned properly. �
D. "New Well" is a well for which a new hole is bored,
drilled, etc. (as opposed to repairing an existing well) .
23.42Q Ob i ectives The ob j ectives of this Chapter are to
provide minimum standards for the safe and adequate construction of
water wells, and to prevent the contamination of any existing or
future water supply through adequa te planning, construction, and
inspection. �
23.030 Adoption of Code The Minnesota State Board of Health
Water Well Construction Code (Minn. Reg. MHD 210 and MHD 217-230 with
subsequent amendments) 1974 Edition is hereby adopted by reference and
made a part of this Chapter as if fully set forth herein. The City
Administrator shall mark three copies of this Code as official copies
and keep them in his office for use and examination.
. .
Ordinance No. "
Page 2
23.040 Water We11 Contractors License Required No person
shall engage in the business of water well construction or repair
without first being licensed by the State of Minnesota Board of Health
and by the City. No license shall be issued by the City until the
following requirements have been met:
A. Application - Every applicant shall file with the City
an application for licensing on forms provided. Renewal
applications shall be filed annually on or before April lst
of each year. Each application shall include the water well
contractors State license number.
B. Bond - The applicant shall procure and file with the City a
satisfactory surety bond in a minimum amou.nt of $2,000. Such
bond shall be continued in effect at all times _by the licensee,
and shall contain a provision to the effect that it may not be
cancelled for any reason whatsoever until at least thirty (30)
days written notice of intention to cancel shall have been
given to the City by the bonding company. Such bond shall be
conditioned that the licensee will well and truly perform all
contracted work in accordance with the contract and the terms
of this Chapter, and further will save tlie City harmless from
any claims against it arising out of the applicant's business,
and further will restore and replace any damage of any kind
which may be done to any City property.
C. Insurance - The applicant shall _procure and file with �
the City satisfactory liability insurance against damages
arising from the applicant's business, such insurance to be
in the following minimum amounts: - $300,000 for injuries or
death to more than one person from one accident; $100,000
for injuries or death to more than one person from one accident;
$50,000 for property damage from one accident.
D. Fee - There shall be no fee charged by the City for
licensing of water well contractors .
E. Approval by Council - Applicant shall satisfy the City
Council that the applicant is qualified by training and
experience to engage in the business of water well construction
or repair in accordance with the requirements of this code.
Ordinance No. -
Page 3
F. License Revocation - Upon complaint by the City Engineer
or City Inspector that the licensee has failed to provide
the City with all required reports or information, or has
failed to correct or replace work when required by the
inspector, or has in any other way caused the City to
question the ability of the licensee to do business according
to the provisions of this code, the licensee shall be notified
of a hearing before the City Council to determine why the
license should not be revoked and the bond forfeited.
Revocation of any outstanding license, or �disapproval of
any license application, shall be for cause noted in the
record of the City Council. Construction after revocatio.n
shall be a violation of this code, punishable as provided
herein.
� 23.050 Permits Required No person shall engage in the
drilling or construction of a new well without first obtaining a
permit from the City for that particular well by paying the fee in
the amount prescribed by the current City Fee Schedule. Each permit
shall expire 120 days from the date of issuance. No permit shall be
required for maintenance or repairs to existing wells .
23. 060 Inspections Prior to commencing construction, the _
Contractor shall call for a site inspection to verify proper �Tell
location. The City Inspector must be notified before the well is
test pumped. The City reserves the right to require inspection of
every well, and may inspect the work in progress, the materials, -
testing, measurements, etc, at their discretion. In -case such
inspection discloses any violation, the Contractor shall promptly
correct the work to the satisfaction of the City.
23.070 Well Record Required A copy of the State Water Well
Record shall be submitted to the City upon completion of each new well.
23.080 Minimum Standards All water well construction shall
conform to standards set forth in the Minnesota State Board of Hea lth
Water Well Construction Code and applicable sections of the State
Plumbing Code (I�iD 120-135) .
. �
- Ordinance No. '
Page 4 .
23.090 Comununity Systems Community water systems or wells
supplying three or more residences shall be permitted only after plans
have been submitted to, and approved by, the City Council or its a gent.
Evidence must be provided that the plans have been submitted to and
approved by the State Board of Health in accordance with NII�D 210(d) (2) .
For all community water systems the City Engineer shall assist the City
Inspectar in approval of plans and in supervision of construction of
the system. All engineering fees incurred by the City shall b e borne
by the Owner in addition to the standard permit cost.
23.100 Enforcement, Violation and Penalties_
A. Enforcement - It shall be the duty of the City Engineer �
and/or duly authorized City Inspector to enforce the
provisions of this code and to bring to the attention
of the prosecuting attorney any violations or lack o€
compliance herewith.
� B. Violation and Penal�ies - Any person who fails to c amply
with, or violates any of the provisions of this Code,
shall be subject to a fine of not more than $500 or
imprisonment for a period not to exceed 90 days, or both,
such fine and imprisonment pursuant to the provisions
of the statutes of the State of Minnesota, Chapter 335,
Section 5. Each day of violation or non-compliance shall
constitute a separate offense.-
� C. Civi1 Enforcement - Appropriate actions and proceedings
may be taken by law or in equity to prevent any viola tion e
of the provisions of these codes to prevent unlawful
construction, to recover damages, or to restrain, correct
or abate a violation, and these remedies shall be in
addition to the penalties described above.
23.110 Interpretation, Conflict and Separability
A. Minimum Requirements - In their interpretation and
application, the provisions of this code shall be held
to be the minimum requirements for the protection of �
the public health, safety and general welfare.
. .
. • .
Ordinance' No.
Page 5
B. Conflict with Public Provisions - This code is not
intended to interfere with, abrogate, or annul any
other ordinance, rule or regulation, statute or
other provision by law. Where any provision of this
code imposes restrictions different from those imposed
by any other provision of this code or any other
ordinance, rule or regulation, or other provision of
law, whichever provisions are more restrictive or impose
higher standards shall control.
C. Separability - If any part or provision of this code or
application thereof to any person or circumstance is
adjudged invalid by any court of competent jurisdiction,
� such judgment shall be confined in its operation to the
part, provision or application directly involved in all
controversy in which such judgment shall have been rendered
. and shall not affect or impair the validity of the remainder
• of this code or the application thereof to other persons or
circumstances. The City Council hereby declares that it
would have enacted the remainder of this code even without
any such part, provision or application.
23.120 Amend.ments For the purpose of protecting the public
health, safety and general welfare, the City Council may from time to
_ time amend this code. Public hearings on all proposed amendments shall
- be held by the City in the manner prescribed by law.
Section 2. Repeal, Enactment, and Publication -
Subdiv, l. Repeal - Upon the adoption of this Code, the Orono
Municipal Code Chapter 23, "Well Drilling:
Regulations and Adoption of Code" as amended: is
repealed in its entirety to be replaced by this
Code.
. Subdiv. 2. Enactment - In order that water wells be located,
constructed and abandoned according to the intents
and purposes of this Code, this Code is hereby
adopted as an Ordinance of the City of Orono.
Subdiv. 3. Publication - This Ordinance shall become effective
upon publication in the Lake Minnetonka Sun. •
. '
Ordinance No. - •
Page 6
Passed by the City Council of the City of Orono on the
12 day of June , 19 79 , by a vote of 4 ayes
and 0 nays ,
`�� �' ''�
Walter B. Massengale, Acting Mayor
ATTEST:
Walter R. enson, Cler dministrator -
Published in the Lake Minnetonka Sun
on the day of , 19
` ORDINANCE N0. 222
AN ORDINANCE ESTABLISHING A MORATORIUM
ON THE INSTALLATION OR ISSUANCE OF .
PERMITS FOR THE INSTALLATION OF FLAMMABLE
LIQUID STOR.AGE ON RESIDENTIAL PROPERTY
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
The Municipal Code of the City of Orom is amended
by adding Ordinance No. 222 to read as follows:
Section 1. Statement of Policv The Council finds that
the increasing severity of the national gasoline supply crisis has
the potential for directly affecting the health and safety of the
citizens of Orono as individuals unthinkingly stockpile gasoline
without proper safeguards or without regard for neighborhood safety.
The Council is concerned that excessive amounts of gasoline and
other flammable liquids not be stored in densely populated residential
areas. The Council is concerned that a11 storage of flammable liquids
be subject to reasonable levels of regulation and inspection consistent
with the standards of the State of Minnesota Uniform Fire Code. The
Council is concerned that existing City ordinances need to be amended
to better address acceptable locations and methods of flammable liquid
storage.
Section 2. Prohibition During this Moratorium, the
installation of containers for flammable liquid storage shall be
prohibited on any residentially used property in the City. During
this Moratorium, the keeping of more than 10 gallons or gasoline on
any residential property in the City, and/or the installation of any
flammable liquid storage container on any non-residential property
in the City shall be subject to all the permits, inspections and
regulations of the Minnesota Uniform Fire Code.
Section 3. Duration This Ordinance shall expire on
September 12, 1979 without Council action, or it ma.y be repealed
earlier by appropriate Council action.
Section 4. Variances The Council may grant a variance
to this ordinance if the Council finds after careful review of all
the facts that a proposal is not contrary to the health, safety or
welfare of the citizens.
.
.
Ordinance No. 222
Page 2
Section 5. This Ordinance shall be published in the
Lake Minnetonka Sun and shall be effective immediately upon adoption.
Adopted by the City Council of the City of Orono on the
twelfth day of June, 1979, by a vote of 4 ayes and 0 nays.
� �
L
Walter B. Massengale, Acting Mayor
ATTEST:
Walter R, nson, Clerk Administrator
ORDINANCE N0. 223
AN ORDINANCE ADDING CHAPTER 19 TO THE
ORONO MUNICIPAL CODE REGARDING FIRE
PROTECTION, FIRE PREVENTION AND ADOPTING
THE MINNESOTA UNIFORM FIRE CODE WITH
AMENDMENTS, AND REPEALING ORDINANCE 108
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. The Municipal Code of the City of Orono is
amended by adding Chapter 19 to read as follows :
.
19. FIRE PROTE�TION AND PREVENTION
19 .010 Purpose The City Council is concerned with the safeguarding
of life and property to a reasonable degree from the hazards of fire
and explosion. Pursuant to the powers and jurisdictions vested
through Minnesota Statutes and other applicable laws, ordinances and
regulations, the City Council does hereby adopt this Ordinance and
the Minnesota Uniform Fire Code (hereinafter "Fire Code") for the
purpose of establishing reasonable regulations, administration and
enforcement for the prevention, control and and extinguishment of
fires; providing for the issuance of permits and collection of fees
where required by the Fire Code, and providing penalties for violation
of Fire Code regulations .
19.100 FIRE PROTECTION
19 .101 Fire Department The Fir� Department for the City of Orono
shall be the Fire Department(s) of those adjacent and/or nearby
municipalities with which the City of Orono contracts for fire
protection service. Adoption of this Ordinance shall not preclude
the City of Orono from establishment of an Orono Fire Department to
serve a11 or part of the City in the future.
19.102 Fire Protection Contracts Fire Protection Contracts between
the City of Orono as vendee and another municipality as vendor shall
include covenants and agreements relating to fire service districts,
fire services provided, compensation . for service, responsibilities
and authorities of the contracting parties. Adoption of this Ordinance
shall not change the intent or provisions of existing Fire Protection
Contracts.
Ordinance No. 223
Page 2
19 .103 Fire Service Districts The City of Orono shall be divided
into Fire Service Districts corresponding to the areas of the City
which are provided with fire protection by each separate Fire Department.
Said Districts shall be established by mutual agreement between the
City of Orono and the contracting municipalities. Establishment of
said Districts shall not preclude or otherwise affect Mutual Aid
Agreements between Fire Departments . An official map shall be
prepared and kept current to show all Fire Service Districts in the
City. Adoption of this Ordinance shall not change existing Fire
Service Districts .
19. 104 Protected Areas All land within the corporate limits of the
City of Orono shall be included in one of the Fire SeYvice Districts
established above and shall be provided with Fire Protection Service
by the Fire Department having contractual jurisdiction therefore,
EXCEPT that land on Big Island, Mahpiyata Island, Deering Island or
other areas not accessible by bridge shall be excluded from such
fire protection.
19. 200 FIRE PREVENTION
19. 201 Adoption of Minnesota Uniform Fire Code The Minnesota Uniform
Fire Code (hereinafter "Fire Code") has been adopted by Laws 1978,
Chapter 777 as a uniform fire code applicable throughout the State.
Such code is hereby confirmed as the Fire Code of the City of Orono.
Every provision contained in said Fire Code, except as modified or
amended by this Ordinance, is hereby adopted and incorporated by
reference as if fully set out herein. One copy of the Fire Code
shall be on file and available for public examination in the office
of the City Clerk.
19. 202 Current Edition The Minnesota Uniform Fire Code adopted
herein shall mean the 1973 edition of the Uniform Fire Code as
promulgated by the International Conference of Building Officials
and �he Western Fire Chiefs Association, including alterations and
amendments thereto as contained in the current published editions of
the Minnesota State Fire Marshal Division rules and regulations
dated October, 1975 and 1978, and all other nationally recognized
fire safety standards such as the 1973-1974 edition of the National
Fire Protection Association standards as referenced in said Fire Code.
Ordinance No. 223
Page 3
19. 203 Definitions Wherever the following words or terms are used
in this Ordinance, the Fire Code or the Fire Marshal Division
alterations and amendments, they shall have the following meanings:
a) Building Official - The individual certified by the State
and appointed by the City Council to administer and
enforce the State Building Code within the City of Orono.
b) G'hief - The Chief of the Fire Department which has
contractual jurisdiction in each respective Fire Service
District, or his authorized representative, except that
for purposes of enforcement of this Ordinance, the term
"Chief" shall also include those persons listed in
Section 19. 204 below.
c) Corporation Council - The Attorney for the City of Orono.
d) Jurisdiction or Municipality - The City of Orono as a whole.
Jurisdiction shall also mean that part of the City of Orono
corresponding to each separate Fire Service District.
19. 204 Enforcement The provisions of this Ordinance and the Fire
Code shall be enforced within the corporate limits of the City of
Orono. Authority for said enforcement is hereby granted to and
may be exercised by any or all of' the following persons, except where
such authority is reserved by State Statute as the sole responsibility
of the State Fire Marshal.
a) �The Minnesota State Fire Marshal, or his authorized
re�resentative. _
b) The Chief of each Fire Department, or his authorized
representative, within the Fire Service District of said
Fire Department. The Fire Chief shall retain primary
responsibility and authority for determining response
to fire calls and for fire scene command.
c) The Chief of the Orono Police Department or his officers.
The Police Chief shall be responsible for coordinating
enforcement policy and activities between the respective
Fire Service Districts and between the Fire Chiefs and the
Building Official.
Ordinance No. 223 �
Page 4
d) The Building Official of the City of Orono or his
authorized representative. The Building Official shall
be responsible for coordinating enforcement of the Fire
Code with enforcement of the State Building Code and
the Zoning Code of the City of Orono .
19 205 Fire Prevention Inspections Authorized The Fire Chief, or
his authorized representative, 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 said Fire Department and applicable ordinances or
resolutions of the Orono City Council.
19 . 206 Permits and Fees
a) Wherever the Fire Code or this Ordinance requires a permit
be issued for some activity or use of property, applications
for said permit shall be made to the Building Official of
the City of Orono together with all information required by
by the Building Official or the Fire Chief and a permit
application fee as required by the current City Fee Schedule.
Application fees shall be non-refundable. Payment of an
application fee shall not in and of itself require issuance
or approval of any permit.
b) The Building Official shall refer all Fire Code permit
applications to the Fire Chief of the applicable Fire Service
District who sha11 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) Fire Code p`�ermits shall be issued by the Fire Chief of
the applicable Fire Service District except as otherwise
provided in this Ordinance. One copy of each permit so
'issued shall be delivered to the Building Official for
permanent record.
d) No Fire Code permit shall be issued if said permit would
au.thorize an activity or use of property or structures
contrary to any provision of the Fire Code, the State
Building Code or the Orono Zoning Code.
Ordinance No. 223
Page 5 �
19 .207 Appeals Whenever the Fire Chief shall disapprove or refuse
to grant a permit applied for, or when it is claimed that the
provisions of the Fire Code or this Ordinance do not apply, or
that the true intent and meaning of the Fire Code has been misconstrued
or wrongly interpretted, the applicant may appeal from the decision
of the :.'hief to the City Council within thirty (30) days from the
date of said decision.
19.208 New Materials, Processes or Occupancies which may require
Permits The City Clerk/Administrator, Police Chief, Building
Official and the Chief of every Fire Department protecting a Fire
Service District of the City 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 t4 those now enumerated in the
Fire Code. As they occur, such determinations shall be listed;
such list shall be posted in the offices of the Police Chief, the
Building Official and each Fire Chief, and distributed to all
interested parties .
19. 300 FIRE CODE AMENDMENTS
19. 301 Purpose and Authority Pursuant to Laws 1978, Chapter 777,
the City Council hereby adopts the following additions and amendments
to standards contained in the State Fire Code for purposes of providing
reasonable additional safeguards to life and property given the special
conditions, topography, water supply, and general fire protection
capabilities available in the City.
19. 302 Future Amendments As the above described conditions change
or otherwise warrant, the City Council may from time to time add,
amend, or delete provisions from this Ordinance. Public hearings on
all proposed amendments shall be held by the City in the manner
prescribed by law. `�
Qrdinance No. 223
Page 6
19.310 Fireworks Uniform Fire Code Article 12, Section 12.102
is hereby amended by adding Section 12.102(d) to read as follows :
12. 102(d) Fireworks Permits as required in this Section
shall be issued by the Chief of the Orono Police
Department and not by the Fire Chief. The
Police Chief shall give notice to the Fire Chief
whenever a fireworks permit is issued.
19. 320 Bulk Plants Uniform Fire Code Article 15, Section 15.601
is hereby amended to read as follows:
15.601 Because of limited fire protection capabilities
and the lack of suitable industrially zoned
properties, no new bulk plant for the storage of
flammable or combustible liquids shall be constructed
within the City.
19.400 ENFORCEMENT
19.401 Violations and Penalties
1. Any person who fails to comply with, or violates any of the
provisions of the Fire Code or this Ordinance, or who shall
violate or fail to comply with any order made thereunder, or
who shall buitd in violation of any detailed sta�ement or
specifications or plans submitted and approved thereunder, or any
certificate or permit issued thereunder, and from which no
appeal has been taken, or who shall fail to comply with such
an order as affirmed or modified by the City Council or by a
court of competent jurisdiction, within the time fixed herein,
shall be subject to a fine of not more than $500 or imprisonment
for a period not to exceed 90 days, or both, such fine and
4 imprisonment pursuant to the provisions of the statutes of the
State of Minnesota, Chapter 335, Section 5. The imposition
of one penalty for any violation shall not excuse the violation
or permit it to continue: and all such persons shall be required
to correct or remedy such violations or defects within a �
reasonable time; and when not otherwise specified, each day
that prohibited conditions are maintained shall constitute a
separate offense.
, �
, •
Ordinance No. 223 �
Page 7
19.402 Specific Performance The application of the above penalty
shall not be held to prevent the enforced removal of prohibited
conditions .
19.403 Civil Enforcement Appropriate actions and proceedings may
be taken by law or in equity to prevent any violation of the
provisions of these codes to prevent unlawful construction, to
recover damages, to restrain, correct or abate a violation, to
prevent illegal occupancy of a building, or to prevent continued
maintenarice of prohibited conditions and these remedies shall be
in addition to the penalties described above.
SECTION 2.
Subdivision 1. Interpretation, Conflict and Separability
1. Minimum Requirements: In their interpretation and
application, the provisions of this Ordinance shall be
held to be the minimum requirements for the protection
of the public health, safety and general welfare.
2. Conflict with Public Provisions: This Ordinance is
not intended to interfere with, abrogate, or annul any
other ordinance, rule or regulation, statute, or other
provision by law. Where any provision of this ordinance
impo�ses r�strictions different from those imposed by any
other provision_ of this ordinance or any other ordinance,
rule or regulation, or other provision of law, whichever
provisions are more restrictive or impose higher standards
� shall control.
3. Separability: If any part or provision of this Ordinance
or application thereof to any person or circumstances is
adjudged invalid by any c�urt or competent jurisdiction,
such judgment sha11 be confined in its operation to the
part, provision, or application directly involved in all
. controversp in tahich such judgment shall have been
rendered and shall not affect or impair the validity of
the remainder of this Ordinance or the application thereof
to other persons or circumstances . The City Council hereby
declares that it would have enacted the remainder of this
ordinance even without any such part, provision, or
application.
Y �
.. � � {
Ordinance No. 223 �
Page 8
Subdivision 2. Amendments For the purpose of protecting
the public health, safety, and general welfare, the City
Council may from time to time amend this Ordinance. Public
hearings on all proposed amendments shall be held by the
City in the manner prescribed by law.
SECTION 3.
Subdivision 1. Enactment In order that life and property
be safeguarded to a reasonable degree from the hazards of
fire and explosion, this Ordinance is hereby adopted.
Subdivision 2. Repeal Upon the adoption of this Ordinance,
Ordinance No. 108 and Chapter 85 of the Orono Municipal
Code, "FIREWORKS" regulations is repealed in its entirety
to be replaced by provisions of the State Fire Code and
this Ordinance.
Subdivision 3. Publication This Ordinance shall become
effective upon publication in the Lake Minnetonka Sun.
Passed by the City Council on the twenty-fourth day of
July, 1979, by a vote of 4 ayes and 0 nays
William B. Van Nest, Ma. r
AT EST:
�_
Walter . Bensc�n, ``Clerk/Administrator
Published in tl�e Lak� MinnPtonka Sun on the day of , 1979 .
, ORDINANCE N0. 224
�
ORDINANCE EXTENDING THE DURATION OF A
MORATORIUM ON THE GRANTING OF BUILDING
• PERMITS, LAND SUBDIVISIONS, REZONING
APPLICATIONS, CONDITIONAL OR SPECIAL
USE PERMITS, VARIANCES OR OTHER AUTHORITY
FOR ADDITIONAL DEVELOPMENT IN THE STUBBS
BAY AREA OF THE CITY OF ORONO
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
The Municipal Code of the City of Orono is amended by
amending Section S of Ordinance No. 219 to read as follows:
Section 1 .
"Section 5. Duration" This Ordinance shall expire
December 31, 1979, without council action, or it may be repealed
earlier if the council determines that the requisite studies
have been completed and adopted and that appropriate evaluation
and action, including any necessary revisions of the Zoning Code,
have been finalized.
Section 2. This Ordinance sha11 be published in the
Lake Minnetonka Sun and shall be effective itrnnediately upon
publication.
Adopted by the City Council of the City of Orono the
twenty-fourth day of July, 1979, by a vote of ayes nd 0 nays.
William B. Van est, Mayor
ATTEST: �
Walter R, enson, Clerk/Administrator
� '
� y .
ORDINANCE NO. 225
AN ORDINANCE ESTABLISHING A .
MORATORIUM ON THE INSTALLATION OR
ISSUANCE OF PERMITS FOR THE
. INSTALLATION OF ANY TYPE OF
FENCES OVER 3 FEET 6 INCHES IN HEIGHT
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
The Municipal Code of the City of Orono is amended by
� adding Ordinance No. � to read as follows:
Section 1. Statement of Policy The Council finds that
certain portions� of the Orono Zoning Ordinance, Chapters 30-39 of
the Orono Municipal Code, are currently undergoing study and possible
revision as a part of the City' s ongoing efforts to keep the
performance standards current and to be responsive to the policies
and objectives of the Comprehensive Plan now being developed. As
a part of these revisions, the Council finds that the current
ordinance provisions relating to the height and location of fences
does not meet the current intent of the Council and does not respect
the character of the City. The Council finds that in many cases,
tall, opaque fences have been proposed or actually constructed,
which fences take on the character of "spite fences" limiting views
and open space and adversely affecting the values of neighboring
properties. The Council finds that the current Ordinance needs to
be revised and amended and that a moratorium period is required to
prohibit construction of such fences prior to the adoption of
necessary ordinance revisions.
Section 2. Prohibition During this Moratorium, the
construction or installation of any fence shall require a building
permit from the City prior to the start of construction. During
this Moratorium, no permit shall be issued and no fence shall be
constructed which exceeds 3 feet 6 inches in height without a
variance to this Ordinance.
Section 3. Duration This Ordinance shall expire on
January 16, 1980 without Council action, or it may be renealed earlier
by appropriate Council action.
Section 4. Variances The Council may grant a variance to
- this ordinance if the Council finds after careful review of all the
facts that a proposal is not contrary to �the health, safety, or
welfare of the citizens. .
�
1
Ordinance No.
Page 2
. Section 5 . This Ordinance shall be published in the Lake
Minnetonka Sun and shall be effective immediately upon adoption.
Adopted by the City Council of the City of Orono on the
Sixteenth day of October, 1979, by a vote of 4 ayes and p nays.
William B. an Nest, yor
ATTEST:
�� �
Walter R. B son, Clerk/A inistrator
• ORDINANCE NO. 226
ORDINANCE EXTENDING THE DURATION OF A
MORATORIUM ON THE GRANTING OF BUILDING
PERMITS, LAND SUBDIVISIONS, REZONING
APPLICATIONS, CONDITIONAL OR SPECIAL
' USE PERMITS, VARIANCES OR OTHER AUTHORITY
FOR ADDITIONAL DEVELOPMENT IN THE STUBBS �
BAY AREA OF THE CITY OF ORONO
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
The Municipal Code of the City of Orono is amended by
repealing Ordinance 224 in its entirety and by amending Section 5
of Ordinance No. 219 to read as follows:
Section 1.
"Section 5. Duration" This Ordinance shall expire
July 31, 1980, without council 'action, or it may be repealed earlier
if the council determines that the requisite studies have been com-
pleted and adopted and that appropriate evaluation and action,
including any necessary revisions of the Zoning Code, have been
finalized.
Section 2. This Ordinance shall be published in the
� Lake Minnetonka Sun and shall be effective immediately upon publication.
Adopted by the City Council of the City of Orono the
eleventh day of December, 1979 by a vote of 4 ayes and 0 nays.
�i`'V ^ ♦
William B. Van Nest,� Mayor
ATTEST:
Walter R Benson, Clerk Administrator
� �
ORDINANCE NO. 227
AN ORDINANCE AMENDING CHAPTERS 22, 23 AND 69B OF THE
MUNICIPAL CODE OF ORONO RELATING TO THE LICENSING OF
PLUMBERS, WELL DRILLERS, SEPTIC SYSTEM INSTALLERS AND HOUSEMOVERS
THE CITY COUNCIL OF ORONO ORDAINS :
SECTION l. The Municipal Code of the City of Orono is
amended by amending Ordinance No. 210, Chapter 22, Section 22 . 50,
Subdivision 4, Paragraphs 3 and 4 to read as follows:
3. Insurance: The applicant shall procure and maintain
satisfactory liability insurance against damages arising from the
licensee ' s business, such insurance to be in the following minimum
amounts: $100, 000 for injuries or death to more than one person
from one accident; $50, 000 for injuries or death to one person from
one accident; $10, 000 for property damage from one accident. A
current certificate of insurance shall be filed with the City at the
time of license application.
4. Fee: The applicant shall pay to the City a license fee
in the amount prescribed by the current city fee schedule for a license
which shall expire on the next succeeding December 31. The license
shall be renewable on January 1 of each year by payment of an additional
fee and filing of current bond and certificate of insurance. The
license is non-transferrable, and� may not be prorated.
SECTION 2. The Municipal Code of the City of Orono is
amended by amending Ordinance No. 221, Chapter 23, Section 23. 040,
Paragraph A, to read as follows:
A. Application - Every applicant shall file with the City
an application for licensing on forms provided. Renewal applications
shall be filed annually on or before January lst of each year. Each
application shall include the water well contractors State license number.
SECTION 3. The Municipal Code of the City of Orono is amended
by amending Ordinance 217, Chapter 25, Sections 25. 311 (A) and 25A.201 (A) ,
to read as follows:
25. 311 (A) Application - Every applicant shall file with the
City an application for licensing on forms provided. Renewal applications
shall be filed annually on or before January 1 of each year. Each
application shall include the Master Plumber' s State License Number.
Each application shall be accompanied by a State of Minnesota Department
of Health Bonding and Insurance Certificate providing evidence of filing
with the State a current bond and certificate of insurance meeting the
requirements of the Department of Health.
� �Ordinance No.
Page 2
25A. 201 (A) Application - Every applicant shall file with the
City an application for licensing on forms provided. Renewal applications
shall be filed annually on or before January 1 of each year. Each
application shall include the Master Plumber' s State License Number.
Each application shall be accompanied by a State of Minnesota Department
of Health Bonding and Insurance Certificate providing evidence of filing
with the State a current bond and certificate of insurance meeting the
requirements of the Department of Health.
SECTION 4. The Municipal Code of the City of Orono is amended
by amending Chapter 69 (B) , Sections 69B. 020, 69B. 030, 69B. 040, 69B. 050,
and 69B. 060, to read as follows:
69B. 020 State License Required No person shall remove, li�t,
place, hold up, or move on or accross a City street or road, any building
through or within the limits of the City of Orono without first showing
evidence of current state license, bond and insurance as issued or
required by the Minnesota Public Service Commission (M. S. 221. 81) to
engage in such occupation.
69B. 030 Insurance and Bond Required - DELETE ENTIRE SECTION.
69B. 040 Expiration of License - DELETE ENTIRE SECTION.
69B. 050 Revocation of License - DELETE ENTIRE SECTION.
69B. 060 Permits Required - No person shall remove, demolish
or destroy any building within the limits of the City of Orono without
first obtaining a permit for such demolition from the Building Inspector.
No person shall lift, place or hold up any building within the limits
� of the City of Orono without obtaining a permit for such work from the
Building Inspector. No person shall move any building over, along or
across any City street, alley, road or highway without first obtaining
a permit for such move from the Building Inspector.
SECTION 5. This Ordinance shall be published in the Lake
Minnetonka Sun and shall be effective upon publication.
Passed by the Orono City Council this thirtieth day of January, 1980.
<� ` •
William B. Van Nest, Mayor
ATTEST:
,
Walter . Benson, City Administrator
Published in the Lake Minnetonka Sun on
ORDINANCE NO. 228
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY REZONING
CERTAIN PROPERTIES IN THE CITY FROM B-2 LAKESHORE BUSINESS
DISTRICT TO LR-lA ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT
The City Council of the City of Orono ordains:
Section l. The municipal code of the City of Orono is
amended by amending the Official Zoning Map and Zoning Use District
Boundaries for certain parcels of land legally described as follows:
Block 7 of Bayside Addition and Lots 21, 22, and 25
of Auditor' s Subdivision No. 203, Hennepin County,
Minnesota;
which parcels are hereby rezoned from B-2 Lakeshore Business District
to LR-lA One Family Lakeshore Residential District.
Section 2. This ordinance shall be published in the Lake
Minnetonka Sun and shall be effective upon publication.
Adopted by the City Council of Orono, Minnesota, at a regular
meeting held on the 11 day of Februar� , 1980.
�
6Jilliam B. Van Nest, Mayor
ATT ST: �
Walter R. nson, City A ' istrator
Published in the Lake Minnetonka Sun on the 2p day of February , 1980.
ORDINANCE NO. 229
AN ORDINANCE FIXING THE DATE OF THE REGULAR CITY ELECTION,
EXTENDING THE TERM OF THE MAYOR AND COUNCIL MEP4BERS WHERE
NECESSARY AND PROVIDING FOR THE YEAR WHEN THE MAYOR AND
CERTAIN COUNCIL MEMBERS ARE TO BE ELECTED
THE CITY COUNCIL OF ORONO ORDAINS:
Section 1.
Chapter 11 of the Municipal Code of the City of
Orono is amended to read as follows:
11.010. Date of Election. The regular City
election shall be held biennially on the first
Tuesday after the first Monday in Noveml�er in
every even numbered year, beginning with the 1982
election. There shall be no regular City election
in 1981.
11. 020. Extension of Term of Mayor. The term
of the mayor shall be extended from two years to
four years. There will be a mayoral election in
1982, therefore, the term of the current mayor shall
be extended to December 31, 1982. That office shall
be filled at the 1982 City election.
11.030. Extension of Term of Council Members.
The terms of the two council members whose current terms
will expire on December 31, 1981 are extended to
December 31, 1982, with those offices being filled at
the 1982 City election. The term of the council members
whose current terms expire December 3�, 1983 are extended
to December 31, 1984. Those offices shall be filled at
the 1984 City election.
11.040. The City shall promptly notify, in
writing, the County Auditor and the Secretary of State
of the change in the election date.
11. 050. After the transition of office as set
forth above, the term of office for the mayor and council
members shall be four years at each election.
.� .
Section 2.
This ordinance shall be published in the Lake
Minnetonka Sun and shall be effective upon publication.
PASSED BY THE ORONO COUNCIL THIS 25 DAY OF
February , 1980, by a vote of 4 ayes and 0
nays.
Mayor
4ailliam B. Van Nest
Attest•
Walter R enson, City Administrator
f' � •
� ti
ORDINANCE N0. 230
ORDINANCE TO AMEND CHAPTER 40 .
OF THE MUNICIPAL CODE
TO PROVIDE FOR THE ,
ISSUANCE OF "ON-SALE WINE" LICENSES.
The City Council of the City of Orono ordains:
Section 1. Sections 40.030, 40.035, 40.040, 40.045,
40.055 , 40.060, 40.065, 40 .070, 40.075, 40.08Q, 40.085, 40.090,
and 40.100 of the Orono Municipal Code are amended to read as
follows:
40. 030. License Required. No person, except whole-
salers or manufacturers, to the extent authorized under state
license, shall directly or indirectly deal in, sell, or keep for
sale any intoxicating liquor without first having received a
license to do so as hereinafter provided. "On sale" and "Sunday
sale" licenses shall be issued only to hotels and restaurants.
No more than three "on-sale" licenses may be issued in the City.
Licenses shall be of three kinds; "On-sale" , "Sunday Sale" and
"On-Sale Wine".
a) "On-Sale" license shall permit the sale and consumption
of liquor only in the licensed premises only on each day of the
week except Sunday.
b) "Sunday Sale" license shall permit the sale and con-
sumption of liquor only on the licensed premises only on Sunday.
No person shall sell intoxicating liquor on Sunday
unless they have applied for and received from the City Council
a special license authorizing such sale. Such special license
may be issued by the City Council to hotels and restaurants
holding an "On-Sale" license from the City. Applications for a
special "Sunday Sale" license shall be made to the City Council
in the same manner as applications for an "On-Sale" license to
sell intoxicating liquor. The issuance of such special licenses
shall clearly indicate whether the applicant is applying only for
an "On-Sale" liquor license, an "On-Sale, Sunday Sale" license,
and the licenses granted and issued shall be separate licenses
bearing separate fees and subject to separate action by the City
Council for suspension or revocation, but a "Sunday Sale" license
may not be issued unless a valid "On-Sale" license is in effect.
c) "On-Sale Wine" license shall permit the licensee to sell
wine not exceeding 14 percent alcohol by volume, for consumption
on the licensed premises only on each day of the week in conjunc-
tion with the sale of food.
40.035. Application. Every person desiring a license
shall file with the City Clerk a verified written application in
the form and containing the information prescribed by the City
Council. If the application is by a natural person, it shall be
signed and sworn to by such person; if by a corporation, by an .
officer thereof; if by a partnership, by one of the partners;
if by an unincorporated association, by the manager or managing
officer thereof. If the applicant is a partnership, any license,
bond and insurance policy issued shall be in the names of all
the partners.
40.040 . Expiration and Renewal. Licenses expire on
June 30 of each year. Applications for the renewal of an existing
license shall be made at least 60 days prfor to the date of
expiration of the license and shall be made in such abbreviated
form as the City Council may approve. If, in the judgment of the
City Council good and sufficient cause is shown by any applicant
for his failure to file for a renewal within the time provided,
the City Council may, if the other provisions of this section are
complied with, waive this requirement and grant the application.
40.045 . Accountant' s Statement. At the earliest pract-
icable time after application is made for the renewal of a license,
and in any event prior to the time that the application is approved
by the City Council, the applicant shall file with the City Clerk
a statement made by a certified public accountant that shows the
total gross sales and the total food sales of the restaurant for
the 12-month period immediately preceding the date for filing
renewal applications.
40.040. Ineli ibilit for License. Existence of any
of the following conditions render any app icant ineligible for
for receipt of a license:
(a) No license shall be granted, or renewed, for operation
on any pre�ises on which taxes, assessments, or other financial
claims of the City are delinquent and unpaid.
(b) No license shall be issued for the premises owned by
a person to whom a license may not be granted under this section,
except when an owner is ineligible because� he is a minor or an
alien.
(c) No "on sale" or "Sunday sale" license shall be granted
for a restaurant or hotel which does not have a total market value,
including land, building and equipment, of at least $200,000 or
$500,000 respectively as appraised by the City Assessor, except
that the City Council may grant a license where the total market
value is less than the required value on the condition that the
establishment be improved within 5 years to the required market
value, not including an increase in value caused by the original
granting of the liquor license.
(d) No "on sale" or "Sunday sale" license shall be granted
to restaurants or hotels unless they are located in a B-1
Commercial Business District.
(e) An "On-Sale Wine" license shall be issued only to a
restaurant where meals are regularly served to tables to the
general public and having facilities for seating not less than '
25 guests at one time.
40.055. Conditions Governing Issuance. The following
conditions govern issuance of a license pursuant to this section:
(a) Any police officer, health officer, sanitarian, building
inspector, or any properly designated officer or employee of the
City shall have the unqualified right to enter, inspect and search
the premises of the licensee at any time without warrant.
(b) Changes in the corporate or association officers,
corporate charter, articles of incorporation, by-laws, or partner-
ship agreement, and any changes of ownership or beneficial
interest of sales of stock entitled to be voted at any meeting
of the stockholders of a corporation which results in a change
in voting control of the corporation by the persons owning
shares of stock therein shall be submitted to the City Clerk
within 30 days after such changes are made. In the case of a
corporation, the licensee shall notify the City Clerk when a
person not listed in the application acquires an interest
which, together with that of his spouse, parent, brother,
sister or child, exceed 5$ and shall give all information
about said person as would have been required of said person
had he been listed in the application. Any such changes must
be approved by the City Council.
(c) The business records of the licensee, including
federal and state tax returns, shall be available for inspec-
tion by the City Council, or other duly authorized representa-
tives of the City at all reasonable times.
(d) 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 accom-
panies and is incident to the regular service of ineals to guests
therein.
40.060. License Fees. The following provisions control
as to license fees and related subjects:
(a) The annual license fee for a license shall be in the
amount prescribed by the current city fee schedule except that
the "On-Sale Wine" license fee shall not exceed one-half of the fee
charged for an "On-Sale" liquor license or $2,000 whichever is less.
(b) One-half of the annual license fee shall be paid when
the application is filed and the remaining balance shall be paid
at the time the license is granted. All fees shall be paid into
the general fund of the City. Upon rejection or withdrawal of
any application for a license, the license fee shall be refunded .
to the applicant except where rejection or withdrawal is for a
willful misstatement in the license application.
(c) When a license is granted on any date other than July l,
the licensee shall be required to pay only a portion of the annual
license fee proportionate to the number of months between the date
of the granting of the license and the following July 1.
(d) At the time of each original application for a license,
the applicant shall also pay a minimun investigating fee. This
minimum fee shall be in the amount prescribed by the current
city fee schedule for each person shown on the application,
whether a proprietor, partner, manager, sharet�older or officer.
The minimum investigating fee shall not be subject to refund.
If the expenses of the investigation relating to any application
exceeds the minimum investigating fee, the City shall notify
the applicant of this fact and shall require the applicant to
pay an additional investigating fee which the City Council
deems necessary to complete its investigation of the applicant.
The applicant shall pay such additional investigating fee
within five days of being so notified. If such additional
investigating fee is not paid within such five day period,� the
City shall discontinue consideration of the application.
(e) No part of the fee paid for any license shall be
refunded except in accordance with this section or with City
Council action.
( f) At any time that 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 exten-
sion of premises previously licensed, the licensee shall pay an �
additional investigation fee.
40.065. Granting of Licenses. The following procedure
shall be followed in processing applications for liquor licenses:
(a) All applications for a license shall be referred to the
Chief of Police and to such other City departments as the City
Council shall deem necessary, for verification 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 to the City Council which shall include a list of all
violations of federal or state law or municipal regulations by
the applicant.
(b) Upon receipt of the written report and recommendation
by the Chief of Police and within 30 days thereafter, the City
Council shall instruct the City Clerk to cause to be published
in the official newspaper 10 days in advance, a notice of a
hearing to be held by the City Council, setting forth the day, •
time, and place when the hearing will be held, the name of the
applicant, the premises where the business is to be conducted,
and such other information as the City Council may direct. At
the hearing the opportunity shall be given any person to be
heard for or against the granting of the license. After the
hearing the City Council may either grant or deny the license.
If the license is granted, the City 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 City 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 City Council may rescind the action granting the license.
Such action shall not be taken, however, without giving the
licensee at least ten (10) days notice of the time and place
of a hearing on the proposed rescission.
(c) The City Clerk shall, within 10 days after the
issuance of any license under this section, submit to the
liquor control commissioner 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 liquor control commissioner any change of address,
transfer, cancellation, or revocation of any license by the City
Council during the license period.
40.070. Bond.
(a) At the time of filing an application for a license, the
applicant shall file a bond with corporate surety, with the City
Clerk. Such bond shall be in the amounts following:
"On Sale" license $10,000
"On Sale-Wine" license $ 5,000
(b) The surety bond required by paragraph (a) of this
subdivision shall be subject to the approval of the City Attorney
as to form and exe�ution.
(c) The surety on such bond shall be a surety company duly
licensed to do business in the State of Minnesota. Al1 surety
� . _
bonds , when approved by the proper City officers, shall be
deposited with the City Clerk.
(d) All such bonds shall be conditioned as follows:
(i) The licensee shall obey the law relating �
to the licensed business.
( ii) That the licensee will pay to the City
when due all taxes, license fees, penalties,
and other charges provided by law.
(iii) That in the event of violation of any law
relating to the business for which the
license has been granted for the sale of
liquor, the bond shall be forfeited to the
City.
(e) All such bonds shall provide that no cancellation for
any cause can be made either by the bonding company or the
applicant, without said person first giving 30 days written
notice to the City, addressed to the City Manager, of intention
to cancel the bond.
40.075. Liability Insurance.
(a) Prior to the issuance of a liquor license, the applicant
shall file (1) a public liability insurance policy and (2) a liquor
liability policy covering liability under the provisions of
Minnesota Statutes, Section 340.95. Each of such policies shall
provide coverage of a least $100,000 and $300,000.
(b) Such policies shall provide that no cancellation for
any cause shall be made by either the insured or the insurer
without first giving written notice of such cancellation to the
City at least 30 days prior to the effective date of cancellation.
(c) Such policies of insurance shall further provide that
no payment of any claim by the insurance company in any manner
decrease the coverage provided for in respect to any other
claim or claims brought against the insured or insuring company.
(d) Such policies shall be subject to approval of the City
Attorney as to form and execution and shall be issued by companies
who are duly licensed to do business in the State of Minnesota.
Such policies, when approved by the proper City officials, shall
be deposited with the City Clerk.
40.085. Consum tion of Li uor Prohibited on Licensed
Premises After Legal Hours. No intoxicating liquor sha 1 be drunk
or consumed on the licensed premises except during the hours of
operation permitted under Section 40.080. Every room, place or
r • .
premises where such liquor is permitted to be or is sold pursuant
to a license, shall be closed and kept closed to the public during
the hours when such liquor sales are prohibited by state law.
During said hours, no person, or persons shall be allowed to be
or remain upon, or within such room, place or premises for any .
purpose whatsoever, except that the owner or licensee, his agents
or servants, or employees may be and remain therein and thereon
for the purpose only of cleaning, preparation of ineals, necessary
repairs, or other work in connection therewith or as watchman.
40. 090. Revocation. The City Council may suspend or
revoke a license for t e violation of any provision or condition
of this section or of any state law or federal law regulating
intoxicating liquor and shall revoke such license for any will-
full violation which, under the laws of the state, is grounds
for mandatory revocation. A temporary suspension of the license
may be ordered by the City Council without giving prior notice
to the licensee if said suspension is deemed necessary to protect .
the public health, safety and welfare. The City Council may
suspend a license if revocation is not mandatory, but said
suspension shall not exceed 60 days. The licensee shall be
granted a public hearing upon at least 10 days ordered except
when a temporary suspension is necessary to protect the public
health, safety or general welfare. The notice shall state the
nature of the charges against the licensee.
40.100. Enlargement Alterations or Extension of
Premises. Propose�en3argement, alteration or extension of
premises previously licensed shall be reported to the City Clerk
at or before the time application is made for a building permit
for any such change.
Section 2. This ordinance shall be published in the
Lake Minnetonka Sun and shall be effective immediately upon
publication.
Adopted by the City Council of the City of Orono this
10 day of March, 1980, by a vote of 4 ayes and �
nays.
`/� .
William B. Van Nest, Ma or
Attest:
,��
Wa ter . Benson, Cler inistrator
.
ORDINANCE NO. '231
AN ORDINANCE ESTABLISHING A
MORATORIUM ON THE INSTALLATION OR
ISSUANCE OF PERMITS FOR THE
INSTALLATION OF ANY TYPE OF .
FENCES OVER 3 FEET 6 INCHES IN HEIGHT
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
The Municipal Code of the City of Orono is amended by
adding Ordinance No. 231 to read as follows:
Section 1. Statement of Policy The Council finds that
certain portions of the Orono Zoning Ordinance, Chapters 30-39 of
the Orono Municipal Code, are currently undergoing study and possible
revision as a part of the City' s ongoing efforts to keep the
performance standards current and to be responsive to the policies
and objectives of the Comprehensive Plan now being developed. As
a part of these revisions, the Council finds that the current
ordinance provisions relating to the height and location of fences
does not meet the current intent of the Council and does not respect
the character of the City. The Council finds that in many cases ,
tall, opaque fences have been proposed or actually constructed,
which fences take on the character of "spite fences" limiting views
and open space and adversely affecting the values of neighboring
properties. The Council finds that the current Ordinance needs to
be revised and amended and that a moratorium period is required to
prohibit construction of such fences prior to the adoption of
necessary ordinance revisions.
Section 2 . Prohibition During this Mora�i.:orium, the
construction or installation of any fence shall require a builri�i�g
permit from the City prior to the start of construction. During
this Moratorium, no permit shall be issued and no fence shall be
- constructed within 75 feet of any lakeshore, or anywhere else, on
a lot in excess of 3 feet 6 inches in height without a variance to
this Ordinance.
Section 3 . Duration This Ordinance shall expire on
November 12, 1980 without Council action, or it may be repealed earlier
by appropriate Council action.
Section 4 . Variances The Council may grant a variance to
this ordinance if the Council finds after careful review of all the
facts that a proposal is not contrary to the health, safety, or
welfare of the citizens .
Ordinance No. 231
Page 2
Section 5 . This Ordinance shall be published in the Lake
Minnetonka Sun and shall be effective immediately upon adoption.
Adopted by the City Council of the City of Orono on the
Twelfth day of May, 1980 by a vote of 4 ayes and 0 nays.
�i�(/
William B. Van Nest, Mayor
ATTEST:
��
Walter R. son, City Administrator
►
� •;. .
CITY OF ORONO
ORDINANCE NO. 232
AN ORDINANCE PROHIBITING 'PHE USE OF LEGHOLD ANIMAL TRAPS
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS AS FOLLOWS:
Section l. The Municipal Code of the City of Orono is amended
by adding Chapter 80A as follows:
CHAPTER 80A Animal Trapping
80A. 010 Purpose It is the purpose of this Chapter to preclude
the potential harm that may be inflicted upon people, particularly children,
and to prevent the crippling, unselective catching, and destruction of
wildlife and domestic animals that may come into contact with traps.
80A. 020 Definition As used in this ordinance the following
terms shall have the following meanings:
Leghold trap - Any device consisting of two metal jaws which
lay horizontally to form a circle, square or
similar shape when the trap is set, or a trap
which is similar to the above in design and
which is intencled to catch and secure an animal
by the leg, toes, or paw. Such a device may be
known as a "steel" , "jaw (ed) leg" , "long-spring" ,
"coil-spring" , "flat-under- spring" , "foot" ,
"front-hold" , "game" , or similar named trap.
� Trapping - The setting or laying, or other use of a trap with
. the intent of capturing or killing an animal.
80A. 030 Leghold traps prohibited. The setting, placement, or
use of any leghold animal trap within the Orono City limits is �ereby
prohibited.
80A. 040 Limited Permits. In extraordinary cases, 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.
Applications 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
trapping area. Property owners shall be notified that such application
is being considered by the City. The permit fee shall be in the amount
prescribed by the current City fee schedule.
.
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Or�inar,ce No. 232
Page 2
80�. C�S,: =er�?t�� z_r•,- p:rscn, fi�-rr;, association, corporation or
Establish:��ent ;�::�,c �;olates an�.� of the �revisions of tnis Ordinance shall
be quilty of a �iscemeanor anc subject to a �ine n�t to e�_ceed $500. 0� or
imprisonment not �o e�ceed 90 da�.�s, or both, ar.d in either case the costs
of prosecution ma� be added. ,
Sectio:, 2 . Fublication - Tne Orcinance shall be published in
the Lake Minnetor�xa Sun and shall bE efrective upon publication.
Adcp�en b�- the City Council of tne City of Orono on the 14
day of _ October , 1980 , b�� a vote of q ayes and _�_ nays.
�� � •
�Z3�XXY�I�dI .X���X�1���YX� ?L��
Mary C. Butler, Acting Mayor
ATTEST:
/� .
4v'alter R. enson, Cit�� Admir.istrator
� . � ,
ORDINANCE NO. 233
� AN ORDINANCE ADOPTING THE CURRENT 1980 EDITION -
OF THE MINNESOTA STATE BUILDING CODE '
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION l. The Municipal Code of the 'City of Orono is amended
by amending Chapter 20 to read as follows:
20. ADOPTION OF MINNESOTA STATE BUILDING CODE
20. 010 Adoption of Code The Minnesota State Building Code
(hereinafter "State Building Code" or "SBC") has been adopted by
Minnesota Statutes 16. 851 (1977) as a uniform building code applicable
throughout the state. Such code is hereby confirmed as the Building
Code o,f the City of Orono and is hereby adopted and incorporated by
reference as if fully set out herein. One copy of the State Building
Code shall be on file and available for public examination in the office
of the City Clerk.
20. 020 Current Edition The State Building Code adopted herein
shafl mean the September, 1980 Edition of the State Building Code and all
Codes, Appendicie, Standards and Supplemental Materials as follows:
A. The City of Orono and the State Building Code hereby adopt
by reference the following Codes and Standards as if fully set
out herein:
, 1. 1979 Edition of the Uniform Building Code, identified
as "UBC" ;
2. 1978 Edition of the National Electric Code, identified
as "NEC" ;
3. 1978 American National Standard Safety Code for
Elevators, Dumbwaiters, Escalators and Moving Walks,
identified as ANSI A17. 1-1978 and Supplement ANSI A17. 1a-
1979;
4 . 1979 Minnesota Plumbing Code, identified as MHD 120
through MHD 135;
5. "Flood Proofing Regulations" , June, 1972, Office of
the Chief Engineers, U.S. Army;
6. Minnesota Heating, Ventilating, Air Conditioning, and
_ Refrigeration Code, identified as SBC 7101 through
' SBC 8505; ,
. .� , �
Ordinance No.
Page 2
7. "Design and Evaluation Criteria for Energy Conservation
in New Building, Additions and Remodeled Elements of
Buildings and Standards for Certain Existing Public '
Buildings" , identified as 2MCAR Section 1. 16001 through
2MCAR 1. 16006. (SBC 6001-6006) ; ` �
8. State of Minnesota Mobile Home Installation Standards
1977, identified as 2MCAR 1. 90450 installations and
. related definitions in 2MCAR 1. 90103; and
9. Standards of Performance for Solar Energy Systems and
Subsystems Applied to Energy Need of Buildings, 1977
Edition, identified as 2MCAR 1. 16101 through 2MCAR 1. 16108.
B. In addition to those items listed above, the City of Orono
and the State Building Code hereby adopt by reference the
following Appendices, Standards and Supplemental Materials
as part of the Building Code of the City of Orono as if fully
set out herein:
1. Technical Requirements for Fallout Shelters, identified
as SBC Appendix "A" .
2. Variations in Snow Loads, identified as SBC Appendix "B" .
:
3. 1979 Uniform Building Code Appendix Chapter 35, Sound
Transmission Control.
4. Minnesota Plumbing Code Appendix "B" , Definitions.
C. The following Appendicie, Standards and Supplemental Materials
referenced by the State Building Code as optional requirements
are hereby adopted as part of the Building Code of the City of
Orono as if fully set out herein: '
1. Minnesota Plumbing Code Appendix A, the Law Relating to
^ Licensing of Plumbers in Minnesota.
2. 1979 i�niform Building Code Appendix Chapter 49, Patio
Covers; Chapter 55 , Membrane Structures; and Chapter 70,
Excavation and Grading.
20. 030 Organization and Enforcement The organization of the
Building Department and enforcement of the Building Code shall be conducted
within the guidelines established by Chapter 2 of the Uniform Building Code.
The Building Code shall be enforced within the incorporated limits of the
City of Orono. The Building and Zoning Department shall be the Building
Code Department of the City of Orono. The Administrative Authority shall
be a State Certified "Building Official" so designated by the City Council
acting as the Appointing Authority.
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i
Ordinance No. �
Page 3 �
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20: 040 Permits, Inspections and Fees The issuance of permits,
conduction of inspections and collection of fees shal�l be as provided for .
in Chapter 3 of the Uniform Building Code.
A. Fee Schedule - Building Permit Fees shall be payable to the
City of Orono prior to issuance of any permit. The amount of
the permit fee shall be according to Section 304 (a) and Table
3-A of the Uniform Building Code, except that the minimum permit
fee shall be as established by the current City fee schedule.
B. Plan Checking Fees - Plan checking fees shall be payable
according to Section 304 (b) of the Uniform Building Code prior
to issuance of any permit requiring a plan review.
C. Special Inspection Fees - Additional special inspection fees
shall be payable prior to the service for inspection without a
permit, reinspection, inspection outside the City, or inspection
on Big Island or Deering Island according to rates established
in the current City fee schedule.
D. Additional Charges - Where otherwise provided by law,
ordinance or the current City fee schedule, the permit applicant
' shall pay additional charges prior to issuance of any building
permit. Such charges may include, but are not limited to, park
dedication fees, special assessment charges, utility access or
connection charges, metropolitan sewer access charges, and zoning
application fees.
E. Surcharge - In addition to the permit fees required above,
the applicant shall pay a surcharge in the amount fixed by law. �
The amount required by law shall be remitted quarterly to the �
Minnesota Department of Administration.
SECTION 2. Violations and Penalties - The penalty described in
Uniform Building Code, 1979 Edition, Section 205 as amended, shall be in � �
keeping with Minnesota Statutes 609. 031 which provides for a maximum fine �
of $500. 00 or imprisonment for 90 days, or both. �
SECTION 3. This ordinance shall be published in the Lake �
Minnetonka Sun and shall be effective upon publication. •
Passed by the Orono City Council on the 17th day of i
�
December , 1980. '
- William . Van Nest, yor
�
ATTEST: '
�
a er enson, i y minis ra or
Published in the Lake Minnetonka Sun on Jan . 14 , 1981
"a• ORDINANCE NO. 234
�e
AN ORDINANCE AMENDING �CHAPTER 53
OF THE ORONO MUNICIPAL CODE RELATING TO
PARKING ON STREET5 AND MUNICIPAL PARKING LOTS REGULATIONS
Section l, Chapter 53 of the Orono Municipal Code is
amended to read as follows:
53. 010 . Definitions. As used in this ordinance,
the following words shall be defined as follows :
a. Motor Vehicle shall mean every vehicle
which is self-propelled and not deriving
its power from outside sources.
b. Vehicle shall mean any device on wheels
or runners for conveying persons or
objects whether motorized or non-
motorized.
c. Municipal Parking Lot shall mean an area
of land displaying clearly marked parking
spaces where signs are posted designating
the parking area as a municipal parking
lot.
53. 020 . Permitted Uses. A municipal parking lot
may be used only for one or more of the following uses :
a. Parking for motor vehicles by drivers
participating in "Park and Ride"
programs between the hours of 5:00 a.m.
and 2:00 a.m.
b. Parking of vehicles by employees and
customers of local businesses between the
hours of 5:00 a.m. and 2:00 a.m.
c. Parking for emergency motor vehicles.
53.030. Prohibited Uses. The following specific
uses are prohibited in municipal parking lots :
a. Parking of vehicles between the hours of
2:00 a.m. and 5:00 a.m.
b. The only motor vehicle expected from (a)
is an emergency motor vehicle on
emergency call.
��" .♦
c. The storage, repairing or dismantling of
any vehicle.
53 .040 . All-night Parking Prohibited. No person,
except an operator of an emergency motor vehicle on an emergency
call, shall park a vehicle on any street between the hours of 2:00
a.m. and 6 :00 a.m. of any day.
53 . 050. Parking After Snowfall Prohibited. Pdo
person except an operator of an emergency motor vehicle on an
emergency call shall park or leave a vehicle on any street or
municipal parking lot when there is more than two inches ( 2" ) of
snow on the street or municipal parking lot and snow is falling or
has fallen within the previous forty-eight (48 ) hours, or snow is
blowing or has been blowing within the previous forty-eight (48 )
hours.
53 . 060. Parking Not to Obstruct Traffic. No person
shall park any vehicle upon a street in such a manner or under such
conditions as to leave available less than ten (10 ) feet of the
width of the outside traffic lane for the free movement of vehicular
traffic, nor park any vehicle in any direction other than that of
the traffic flow.
53. 070. Emergency Parking Limitations. The Chief of
Police may prohibit or restrict parking of vehicles on any street
or municipal parking lot upon recommendation of the City Council.
53.080 . Disposal of Illegally Parked Vehicles. If
any persons shall violate the terms and provisions hereof the City
police on discovery of such violation may forthwith remove or
cause to be removed such vehicle from the place where found to any
public garage and such vehicle shall not be delivered to the owner
thereof until the cost of such removal together with the cost of
the storage shall have been paid to the City. In the event that
the owner of such vehicle shall not pay such cost of removal or
storage charges within six (6) months subsequent to the removal
thereof to such garage , the vehicle shall be considered to be
unclaimed and shall be disposed of in accordance with Section 112.30.
53.090 . Penalty for Violation. Unless otherwise
declared in this chapter with respect to particular offenses, it
is a petty misdemeanor for any person to do any act forbidden or
fail to perform any act required by this chapter; except the
following which are misdemeanors:
a. A violation which is committed in a
manner or under circumstances so as to
endanger any person or property.
-2-
.� � .
b. A third or subsequent violation of any
of the provisions of this chapter
classified therein as a petty misdemeanor,
within the immediate preceding twelve ( 12)
month period.
A person charged with a petty misdemeanor shall not be
entitled to a jury trial but shall be tried by a judge without a jury.
If convicted, the person shall be punished by a fine of not more than
One Hundred ($100 .00 ) Dollars.
Any person convicted of a misdemeaor shall be punished
by a fine of not more than Five Hundred ($500 .00 ) Dollars or by
imprisionment not to exceed ninety (90 ) days or both.
Section 2. Effective Date. This ordinance shall take
effect 10 days after its publication.
Adopted by the City Council Decem , 1980 .
�
Mayor
Attest:
�`f��C_�,�C�-�,!�
City Clerk
Reviewed for Administration: Ap roved as to orm and Leg lity:
�sC-/
City nistrator City Attorney
-3-
ORDINANCE NO. 235
0
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF '
ORONO BY AMENDING SECTION 7. 020 RELATING TO
THE COMPOSITION OF THE PLANNING COMMISSION
THE CITY CQUNCIL OF ORONO ORDAINS:
Section l. The Municipal Code of the City of Orono is amended
by amending Section 7. 020 as follows:
7 . 020 Composition The Planning Commission shall consist of
nine members. Seven voting members shall be appointed by the
City Council and may be removed individually by a four-fifths
vote of the Council. Two of the seven members shall reside
in and be appointed to represent the Rural Service Area of the
City as defined in the Comprehensive Community Management Plan.
Two of the seven members shall reside in and be appointed to '
represent The Urban Service Area of the City as defined in the
Comprehensive Community Management Plan. The remaining three
members shall be appointed to represent the City at-large.
The Zoning Administrator and one council member appointed by
the City Council shall be members of the Commission ex-officio
and without vote.
The appointed members shall hold office for three years or
until their successors are appointed and qualified. The terms
of ex-officio members shall correspond with their respective
office terms, except that the Council member shall be appointed
for one year commencing January lst of each year. Vacancies �
during the term shall be filled by the Council for the unexpired
- portion of the term. Every appointed member, before entering
upon the discharge of his duties, shall take an oath that he
will faithfully discharge the duties of his office. Al1 members
shall serve without compensation.
Section 2. This Ordinance shall be published in the Lake
Minnetonka Sun and shall be effective upon publication.
Passed by the Orono City Council on the 12th day of Ja�uary ,
1981, by a vote of 5 ayes and 0 nays.
illiam B. Van Nest, Mayo
• ATTEST:
Walter R Benson, City A 'nistrator '
Published in the Lake Minnesota Sun on the � day of , 1981.
0
ORDINANCE NO. 236 .
AN ORDINANCE AMENDING THE MUN=CIPAL CODE
OF ORONO BY REZONING CERTAIN PROPERTY IN
BLOCK 7, TOWNSITE OF LANGDON PA,RK
.
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION l. The Municipal Code of Orono is hereby amended by
amending the Official Zoning Map and Zoning Use District Boundaries for
property legally described as follows:
Lot 6 and that part of Lot 7, lying westerly of a line drawn
parallel with and distant 350 feet westerly of the East line
of Lot 7, Block 7, Townsite of Langdon Park, Orono.
The north 130 feet of Lot 6 and that portion of Lot 7
described above, Townsite of Langdon Park, is hereby rezoned
to B-4 Office and Professional. Business District.
A. That part o£ Lot 7 described above and the east 200 ft.
of the north 100 ft. of Lot 6, except wetlands, are
hereby rezaned from B-1 Retail Sales Business District
to B-4.
B. The remaining portion of the north 130 feet of Lot 6
not included in A above is hereby rezoned from LR-1C
One Family Lakeshore Residential District to B-4.
That part of Lot 6, Townsite of Langdon Park lying south of
. the north 130 feet thereof sha11 remain zoned LR-1C One
Family Lakeshore Residential District.
SECTION 2. This ordinance shall be published in the Lake
Minnetonka Sun and shall be effective upon publication.
Adopted by the City Council of the Cit of O ono on the 12
day of January , 1981.
;
ATTEST: Wllliam B. an Nest, Mayo
Walter . Benson, City. Administrator
Published in the Lake Minnetonka Sun on the 21 day
of January , 1981.
, Page 1 of 1
� . �
ORDINANCE N0. 237
AN ORDINANCE AMENDING ORDINANCE 223 AND
CHAPTER 19 OF THE ORONO MUNICIPAL CODE
PROVIDING FOR THE E5TABLISHMENT AND
REGULATION OF FIRE LANES
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. The Municipal. Code of the City or Orono is amended
by adding Sections 19. 210 thru 19.214 to read as follows:
19.210 Fire Lanes Established. The City Council hereby det-
ermines that the health and safety of persons and property
in the City is unduly jeopardized because motor vehicles and
other objects tend to obstruct emergency access to buildings,
exit doors, and fire hydrants, which obstruction �f_tPn �r.curs
on private property. In accordance with Fire Co.de Article
13. 209, the City Council nereby provides for "the establishment
of Fire Lanes for purposes of ensuring immediate unobstructed
access for emergency vehicles and equipment.
a) Fire Hydrants. Whether marked or unmarked, Fire
Lanes are hereby established at all public or pri-
vate fire hydrants, which fire lanes shall extend
ten (10) feet on either side of the hydrant and
twenty (20) feet in front of the curb or pavement edge
nearest the front of the hydrant.
b) Building Exits. Whether marked or unmarked, Fire
Lanes are herebv established at all building exits
required by the Fire Code or State Building Code,
which fire lanes �h�11 extend ten (10) feet in a11
direction from said exits. Where larger fire lanes
are required, they shall be established and marked
pursuant to Section 19.210 (c) or (d) .
c) Existing Properties. The Chief of the Orono Police
Department is hereby empowered to order the esta-
blishment, 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. In
this determination, the Police Chief may confer with and
accept the recommendations of the Building Official or
the Fire Chief of the applicable Fire Service District.
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 commer-
cial properties, may be served upon the tennant oc-
cupying the property.
Page 1 of 3
- , � � Ordinance No. 237
d) New Construction. The Building Official, upon rec-
ommendation of the Police Chief , may order the instal-
lation and designation of Fire Lanes andJor the instal-
lation or relocation of fire hydrants as a condition of
issuance of any building permit, which conditions shall
appear in writing on the face of said permit.
e) Appeals. The owner of any property receiving an order
to establish a Fire Lane may appeal all or part of
said order to the City Council by filing a written
statement and by paying to the City a fee equal to that
established in the currect City Fee Schedule for appeals
of Zoning Administrator decisions. The decision of the
City Council shall be final.
19. 211 Fire Lane Standards. The actual size, location and extent
of required Fire Lanes shall be determined by the Police Chief
in consideration of the particular access need and configuration
on individual properties. As a minimum, all marked and designated
Fire Lanes shallbe at leas� 20 feet in unobstructed width, shall
have at least 13 feet 6 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 5 tons (10,000 pounds) .
19. 212 Fire Lane Signs and Marking. When a Fire Lane has been
ordered to be established pursuant to Section 19.210 (c) or (d) ,
one or more permanent upright metal signs bearing the words "NO
PARKING - FIRE LANE" , or similar words if approved by The Police
Chief, shall be placed designating the restricted area. The num-
ber, size and location of required. signs shall be determined by
the Police Chief.
a) 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.
b) 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.
Page 2 of 3
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Ordinance No. 237
19. 312 Fire Lane Maintenance. All extablished Fire Lanes shall
be permanently and continuously maintained by the property ow-
ner to be free from obstructions including motor vef�icles,
trailers, equipment, storage, rubbish, vegetation or accumulations
of dirt or snow. All required Fire Lane signs shall be perman-
ently and continuously maintained by the property owner to be
securely fastened, not visuafily obstructed in any way, and free
.from paint or vandalism. Missing or vandalized signs shall be
promptly replaced.
19. 214 Parking or Obstructing Fire Lanes is Prohibited. Whether
located on public property or on private property, no person shall
park or leave unattended any motor vehicle in any estak�li�hed
Fire Lane, and no person shall otherwise obstruct any established
Fire Lane at any time. Any vehicle found unattended in any Fire
Lane may be impounded and towed by the Orono Police Department in
accordance with the provisions of Section 53. 050 for the disposal
of illegally parked vehicles.
SECTION 2 . PENALTY Any person, persons, firm or corporation who
shall fail to comply with any order given under the terms of this
Ordinance, or who shall in any way violate any of the provisions
or requirements of this Ordinance, shall be guilty of a misdemean-
or and, upon conviction thereof, shall be punished by a fine not
to exceed $500 or by imprisonment for not to exceed 90 days, or
both.
SECTION 3. This Ordinance shall be published in the Lake Minne-
tonka Sun and shall be effective upon publication.
Adopted by the City Council of the City of Orono on the 27th
day of MaY 1981 by a vote of 3 Ayes and �-
Nays.
��
���c
� Mary C. Bu�.l�r, Actina Mayor
Walter . Ben on, City Administrator
�...��`�� �. �1��`-��>
Alberta M. Strom, City Clerk
*Published on the Lake Minnetonka Sun on the !? day of ,
1981.
Page 3 of 3
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ORDINANCE NO. 238
AN ORDINANCE ESTABLISHING A MORATORIUM ON THE
GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS,
REZONING APPLICATIONS, CONDITIONAL OR SPECIAL
USE PERMITS, VARIANCES, OR OTHER AUTHORITY FOR
ADDITIONAL DEVELOPMENT ON BIG ISLAND, MAHPIYATA
ISLAND OR DEERING ISLAND
THE CITY COUNCIL OF ORONO ORDAINS:
The Municipal Code of the City of Orono is amended by adding
Ordinance No. 23$ to read as follows:
SECTION 1. Statement of Policy. The City Council finds that
the City is presently faced with the potential development or redevelop-
ment of the several Lake Minnetonka islands, which potential has raised
new concern for issues such as riparian rights, surface water boat
density, neighborhood density, public and private lake access, setbacks
and hardcover. Of special concern is the provision of basic public
services to the islands such as police, fire and medical aid, sanitation,
and access safety at all times of the year. The City' s Comprehensive
Plan was updated in June, 19$0 and has been approved by the Metropolitan '
Council, but zoning and subdivision regulations have not yet been amended
to reflect the policies and provisions of the new plan. The City is in
the midst of complete recodification of all City ordinances, including
complete rewriting of all zoning and subdivision regulations. $ The
Council finds an overwhelming probability that land use controls and
zoning provisions will need to be updated and revised as they apply
to the islands. The Council also finds that such amending is a process
that cannot be accomplished until numerous detailed studies have been
completed and hearings held. During this interim period, it is
desirable that the Council establish guides for the benefit of those
who wish to develop property in order to bring about savings in public
and private expenditures and to provide to the public guides to future
City action.
The Council determines that there is an urgency involved because of the
need to control development during the interim period so that the
benefits of proper planning will not be lost, to prevent development
which may add to the public burden, and to preserve the status quo
pending adoption of these measures so that the City will not be
impaired in its ability to effPctuate the purposes and goals of these
planning efforts.
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0 dinance No. 238
Since enactment of an amendment will undoubtedly modify existing
regulations concerning permitted land use and zoning performance standards,
and will result in adoption of new zoning and subdivision regulations,
the granting of various zoning and permit applications during this
interim period would be detrimental to the effectuation of the Comprehensive
Plan and contrary to the purposes of Minnesota Statutes 462. 351 et. seq.
The Council further finds that it would be unwise, improper and unjust
to allow individual development to occur during this study period to
avoid discrimination and unfair advantage to a few to the detriment
of the entire City. Therefore, the City staff and Planning Commission' s
discretionary authority to grant permits or approve applications
described herein shall not be exercised during the limited term of this
ordinance.
SECTION 2 . Authority. Authority for this Moratorium is based
upon Minnesota Laws 1980 Chapter 566 wherein Section 462. 355, Subd. 4,
provides for the adoption of an Interim Ordinance regulating or
restricting development or subdivision in all or a portion of the City
during study and adoption of a new comprehensive plan and/or during the
planning process of amending ordinances and controls.
SECTION 3. Planning Proceedings in Progress. The Metropolitan
Council has approved Orono' s June, 1980 Comprehensive Community Management
Plan. Final supplements and minor corrections are being made prior to
formal City Council adoption of the Plan, which adoption must occur
before December 25, 1981.
The City Council has ordered staff and the Planning Commission to
prepare amendments to the existing zoning and subdivision ordinances
which work has begun.
SECTION 4 . Restrictions on the Granting of Permits and
Other Approvals. No building permits, land
subdivision approvals, rezoning approvals, conditional use or special
use permits, variances or other authority for additional development
in the restricted areas described in Section 6 shall be granted for
any purpose which would be inconsistent with the intent of this
ordinance. Restrictions include, but are not limited to, construction
of the following types of land uses:
A. Single Family Dwellings; new construction or additions
B. Duplexes or Multi-Family Dwellings; new construction
or additions
C. Commercial Development of any sort including new
construction or additions
D. Any fence or accessory building or structure
w� �1'
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Ordinance No. 238
SECTION 5. Exceptions. Because of the island locations and
nature of existing development in the restricted area, the City Council
hereby grants blanket exception and variance from the provisions of this
Moratorium to allow issuance of building permits for the following work,
finding that such 1-imited exceptions would not adversely affect the
status quo, and would therefore not be contrary to the intent and purpose
of this Moratorium:
A. Building permits for interior remodeling, repair
or renovation of existing occupied single family
residential structures, provided there is no
increase in the floor area or bulk of said structure.
B. Plumbing, mechanical or electrical repairs, replace-
ments or remodeling of existing occupied single
family residential structures.
C. Repair or replacement of any existing water well or
on-site sewage treatment system, provided such system
is not installed for purposes of converting any
existing seasonal or uninhabitable residence or
structure into a fully habitable residence or
structure.
SECTION 6. Restricted Area. That portion of the City of Orono
that shall be subject to the restrictions of this ordinance is all the
land currently zoning LR-lA-1, which land is located on Big Island,
Mahpiyata Island and Deering Island, Lake Minnetonka, legally described
as follows:
A. BIG ISLAND and MAHPIYATA ISLAND: All land within the
corporate limits of the City of Orono lying within
Sections 14-117-23, 22-117-23 and 23-117-23, Hennepin
County, Minnesota.
B. DEERING ISLAND: Al1 land within the coporate limits
of the City of Orono lying within the NEa of the SW�,
- and the NW� of the SE� of Section 18-117-23, Hennepin
County, Minnesota.
SECTION 7. Duration. This ordinance shall expire six
months after duration without Council action, or it may be repealled
earlier if the Council determines that the requisite studies have
been completed and adopted and that appropriate evaluation and action,
including any necessary revisions of the Zoning Code, have been
finalized. The duration of this ordinance may be extended by adoption
of a subsequent ordinance.
�r, , .P�ge 4
Ordinance No. 238
SECTION 8. Variances. The Council may grant a variance to
this Ordinance if the Council finds after careful review of all the facts
that a proposal is not contrary to the intent of the Comprehensive
Community Management Plan, nor to the health, safety or welfare of
the citizens.
SECTION 9. Separability. Every section, provision, or part
of this ordinance is declared separab�.e from every other section, provision,
or part; and if any section, provision� or part thereof or action taken
hereunder shall be held invalid, it shall not affect any other section,
provision or part.
SECTION 10. This Ordinance shall be published in the Lake
Minnetonka Sun and shall be effective immediately upon adoption.
Adopted by the City Council of the City of Orono on the 9
day of November , 19� by a vote of 4 ayes and 0 nays.
William . an Nes , Mayo
ATTEST:
��/iC�-����� L'/?. ��it�r�_�
Alberta M. Strom, City Clerk •
ORDINANCE I10. 239
AN ORDINAPdCE AI�I�IIDII�IG CHAPTER 6 3 OF THE
MUNICIPAL CODE OF ORONO RELATING TO DOG
APdD KENNEL LICENSING
THE CITY COUNCIL OF ORONO ORDAINS:
Section 1. Chapter 63, Section 63. 010 of the Municipal Code
of the City of Orono is hereby amended by repealing the existing
definition of the word "kennel" and by adding the following new
definitions to read as follows :
Kennel, Commercial. A 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, boarding, breeding, grooming, training,
or medical care.
Kennel, Residential. An accessory residential use or place
where three or more dogs over six months of age are kept or housed for
the sole non-commercialuse, benefit or enjoyment of the property owner
or occupant.
Kennel Structure. 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.
Section 2. Chapter 63, Section 63. 020 of the Municipal Code of
the City of Orono is hereby amended to read as follows:
63. 020 Dog License Required. It shall be unlawful for any person to own,
harbor or keep a dog over the age of six months unless a current City
license for such dog has been obtained and the license tag is affixed
and worn by such dog at all times, except as follows:
a) Dogs confined to a City-licensed commercial kennel need
not be individually licensed.
b) Dogs confined to a City-licensed residential kennel shall
be individually licensed but need not wear the license tag
while they are confined in said kennel.
c) Dogs currently licensed by another jurisdiction may be
temporarily kept in the City for a period not to exceed
30 days provided the dog wears a tag or other identification
from such licensing jurisdiction, and provided that a
current City license is obtained if the temporary stay
extends beyond 30 days or otherwise becomes permanent. Dogs
licensed by other jurisdictions are not exempt from the
kennel licensing requirements or from any other provision
of this Chapter.
�• .- ' Page 2
ORDINANCE NO. 239
Section 3. Chapter 63 of the Municipal Code of the City of
Orono is hereby amended by amending Section 63. 030 and by adding
Sections 63.031 and 63.032 to read as follows:
63. 030 Dog License Duration. Dog licenses shall be issued and be
valid for the whole or unexpired portion of two-year periods beginning
on January 1 of each odd-numbered year. All dog licenses regardless
of the date of issuance shall expire on December 31 of each even-
numbered year. Dog owners shall apply for license renewal prior to
the license expiration date.
63. 031 Dog License Requirements. Not more than two dog licenses shall
be issued to any one person or for any one lot, property or address at
any one time unless there shall first have been issued a current
residential or commercial kennel license for said person, lot, property
or address. Dog licenses shall be issued by the City Clerk upon �
presentation of the following:
a) Applicant' s information including the dog owner' s name,
address, mailing address and telephone number.
b) Description of dog including breed, colo'r, sex and
name.
c) Veterinarian' s signed certificate identifying the dog and
attesting that the animal has been vaccinated for rabies
within six-months of the date of license application.
d) Payment of a dog license fee as setforth in Section 63. 032.
63 . 032 Dog License Fees. Dog license fees shall be in the amount
prescribed in the current City fee schedule. The basic license fee
shall be for a license issued in odd-numbered years. Licenses issued
in even-numbered years shall be one-half of the basic fee amount.
License fees shall not otherwise be prorated. Licenses and License
fees are not transferrable to other owners or other dogs, and dog
license fees are not refundable.
Section 4. Chapter 63 of the Municipal Code of the City
of Orono is hereby amended by amending Section 63.180 and by adding
Sections 63. 181, 63.182 , 63.183, 63.184 and 63. 185 to read as follows:
63. 180 Kennel License Rec�uired. It shall be unlawful for any person
to own, operate, use, maintain or allow to exist any kennel on
any property in the City without being licensed to do so according
to provisions of this Section.
a) It shall be unlaw�ul for any person or persons to own, harbor
keep or house three or more dogs over six months of aqe on
any one lot or property without a valid residential or
commercial kennel license.
b) It shall be unlawful for any person or persons to operate any
kennel for business or commercial purposes including sale,
boarding, breeding, grooming, training or medical care
without a valid commercial kennel license. �
,. �' '� Page 3
ORDIIJANCE NO. 239
c) It shall be 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 said
kennel structure is located in a side or rear yard and
is not less than thirty (30) feet away from any property
line.
63 . 181 Kennel License Standards. All kennel licenses are perMissive
only, granting 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 City Council. The
City 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 dogs, existing or proposed kennel
facilities including location on the lot, kennel maintenance, sanitation,
and any previous dog or kennel license violations by the applicant
such as keeping too many animals, nuisance complaints, excessive noise,
running at-large or commercial activities occurring at a residential kennel.
Based upon their findings, the City Council may grant or deny any
kennel license application, or they may grant a license subject to
reasonable standards or conditions. Kennel licenses may at any time
be revoked by the City Council for cause including violation of any
license condition, provision of this Chapter, or any other ordinance
or law. Prior to any revocation, notice shall be given to the
licensee who shall be granted a hearing before the Council to show
cause why the license should not be revoked.
63. 182 Residential Kennel License Standards and Requirements. Residential
kennel licenses are intended as a special priviledge to be granted upon
a showing that the keeping of more than the normal two dogs, and/or
a kennel structure location will not be a public nuisance or otherwise
adversely affect neighboring persons or property. The City Council
shall have the authority to limit the maximum number of dogs kept
at any residential kenr�el based upon the kennel standards listed in
Section 63. 181. 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 breeding of licensed dogs kept at a residential
kennel, the sale of offspring, the occasional sale of licensed dogs,
or the private grooming, training or medical care of such dogs on the
premises.
63. 183 Commercial Kennel License Standards and Requirements. 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 Section 34 . 822 of the Zoning Code.
Commercial Kennels shall not be allowed as a residential "home occupation"
pursuant to Section 34 . 043 of the Zoning Code. No commercial kennel
license shall be granted unless the property contains a kennel structure
and other enclosed buildings sufficient to operate the business without
nuisance or other adverse effect on neighboring properties.
63. 184 iCennel License Duration. Kennel licenses shall be issued on
an annual basis expiring on March 1 of each year. Application for
annual renewal of an existing kennel license shall be made to the
City Clerk at least 30 days prior to the license expiration date .
• -'� Page 4
... �
ORDINANCE NO. 239
63. 185 Residential and Commercial Kennel License Applications. Residential
and Commercial Kennel License applications shall be made to the City
Clerk on official forms provided for that purpose, which applications
shall include the following:
a) Applicant' s information including the property owner
and/or kennel operator ' s name, address, mailing address
and telephone number.
b) Brief statement of the purpose of the kennel .
c) For residential kennels; the maximum number of dogs
over the age of six months to be kept at any one time
during the kennel license duration.
d) Signed agreement authorizing the City Inspector to
inspect the premises prior to City Council review of
the application, and at any other reasonable times
thereafter during the duration of the kennel license.
e) Payment of the appropriate residential or commercial
kennel license fee in the amount prescribed in the
current City fee schedule. Kennel license fees are not
prorated and are not refundable. Residential kennel
license fees are not in lieu of required dog license
fees.
Section 5 . This ordinance shall be published in the Lake
Minnetonka Sun and shall be effective upon publication.
Adopted by the City Council of the City of Orono on this 22nd
day of March , 1982, by a vote of 3 ayes and p nays.
C
�� _
William B. Va Nest, Mayor
Mary C. Butler, Acting D4ayor
ATTEST:
C� ,.��,� ����
Alberta M. Strom, City Clerk
Published in the Lake Minnetonka Sun on the day of ,
1982.
ORDINANCE NO. 240
AN ORDINANCE �1MENDING CHAPTER 11, SECTION 11. 020 OF
THE ORONO MUNICIPAI, CODE, DECREASING THE TERM OF THE
MAYOR
The City Council of the City of Orono ordains:
Section 1. Chapter 11, Section 11. 020 of the
Orono Municipal Code is amended to read as follotits:
11.U20. fierm of Mayor. The term of the mayor
shall be two years in duration, effective following
the 1982 City election.
Section 2. This ordinance shall be published in
the Lake Minnetonka Sun and shall be effective upon publication.
Adopted by the City Council of Orono, Minnesota, at
a regular meeting held on the 12 day of April , 1982.
William B. Van Nest, Mayor
ATTEST:
�_����-v ��• /J�c.�o7-uJ'
Alberta M. Strom, City Clerk
Published in the Lake Minnetonka Sun on the 28 day of April , 1982
ORDINANCE NO. 240
AN ORDINANCE AMENDING CHAPTER 11, SECTION 11. 020
OF THE ORONO MUNICIPAL CODE, DECREASING THE TERM
OF THE MAYOR
The City Council of the City of Orono ordains:
Section l. Chapter 11, Section 11. 020 of the
Orono Municipal Code is amended to read as follows:
11. 020. fierm of Mayor. The term of the mayor
shall be two years in duration.
Section 2. This ordinance shall be published in
the Lake Minnetonka Sun and shall be effective upon publication.
Adopted by the City Council of Orono, Minnesota,
at a regular meeting held on the }-2 day of April , 1982.
� p l/ •
William B. Van Nest, Mayor
ATTEST:
td�7/C.ic-Z��tC�L'/'r_�2%��'�/�"-�
Alberta M. Strom, City Cl��x
Published in the Lake Minnetonka Sun on the 5 day of May , 19g2
ORDINANCE NO. 241
ORDINANCE EXTENDING THE DURATION OF A
MORATORIUM ON THE GRANTTNG OF BUILDING
PERMITS, LAND SUBDIVISIONS, REZONING
APPLICATIONS, CONDITIONAL OR SPECIAL
USE PERMITS, VARIANCES OR OTHER AUTHORTTY
FOR ADDITIONAL DEVELOPMENT ON BTG ISLAND,
MAPHIYATA ISLAND OR DEERING ISLAND
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
The Minicipal Code of the City of Orono is amended by
amending Section 7 of Ordinance No 238 to read as follows:
Section 1.
"Section 7. Duration" This Ordinance shall expire
May 9, 198 , without council action, or it may be repealed
earlier if the council determines that the requisite studies
have been completed and adopted and that appropriate evaluation
and action, including any necessary revisions of the Zoning
Code, have been finalized. " .
Section 2. This Ordinance shall be published in the
Lake Minnetonka Sun and shall be effective immediately upon
publication.
Adopted by the City Council of the City of Orono the
lOth day of May, 1982, by a vote of 4 ayes and p nays.
� +
William B. Van Nest, Mayor
ATTEST:
� � �. ��
Alberta M. Strom, City Clerk
ORDINANCE N0. 242
CITY OF ORONO � HENNEPIN COUNTY, MINNESOTA.
An ordinance granting Minnesota Gas Company, a Delaware corpora-
tion, its successors and assigns, a nonexclusive franchise to
construct, operate, repair and maintain facilities and equipment
for the transportation, distribution, manufacture and sale of gas
energy for public and private use and to use the streets, alleys,
public ways and public grounds of the City of Orono ,
Minnesota for such purposes; and prescribing certain terms and
conditions thereof.
THE COUNCIL OF THE CITY OF ORONO DOES ORDAIN AS
FOLLOWS:
r
SECTION 1. DEFINITIONS. The following terms shall mean:
1.1. COMPANY. Minnesota Gas Company, a Delaware corporation,
its successors and assigns.
1. 2. GAS. Natural gas, manufactured gas, mixture of natural
gas and manufactured gas or other forms of gas energy.
1.3 . MUNICIPALITY, MUNICIPAL COUNCIL, MUNICIPAL CLERK.
These terms mean respectively, the City of Orono ,
the Council of the City of Orono and the Clerk of
the City of Orono
SECTION 2. GRANT OF FRANCHISE. There is hereby granted to the
Company, for a period of 25 years, the right to import, manufac-
ture, transport, distribute and sell gas energy for public and
private use in the Municipality, and for these purposes to
construct, operate, repair and maintain in, on, over , under and
across the streets, alleys, public ways and public grounds of the
Municipality, all facilities and equipment used in connection
therewith, and to do all things which are necessary or customary
in the accomplishment of these objectives, subject to the provi-
sions of this Franchise.
2. 1. EFFECTIVE DATE; WRITTEN ACCEPTANCE. This Franchise
shall be in force and effect from and after its passage and
publication as required by law and its acceptance in writing by
the Company filed with the Municipal Clerk. The Company shall,
if it accepts this Franchise and the rights hereby granted, file
a written acceptance with the Municipal Clerk within 60 days
after publication.
.
2.2. NONEXCLUSIVE FRANCHISE. This is not an exclusive
franchise.
SECTION 3. CONDITIONS OF STREET USE.
3.1. USE OF STREETS. All utility facilities and equipment
of the Company shall be located, constructed, installed and main-
tained as not to endanger or unnecessarily interfere with the
usual and customary traffic and travel upon the streets, alleys,
public ways and public grounds of the Municipality.
3. 2. RESTORATION OF STREETS. The Company shall, upon
completion of any work requiring an opening, restore the steet,
alley, public way or public ground to the same condition as
before the opening was made, insofar as reasonably possible.
3.3. RELOCATION OF UTILITY FACILITIES. The Company shall
relocate its facilities or equipment at its own expense whenever
the Municipality in the proper exercise of its police power shall
grade, regrade, change the line or otherwise improve any street,
alley, public way or public ground or construct or reconstruct
any sewer or water system therein and shall, with due regard to
seasonal working conditions, order the Company to permanently
relocate its facilities or equipment located in said street,
alley, public way or public ground. The Municipality shall give
the Company reasonable notice of plans requiring such relocation.
3.4. RELOCATION WHEN STREETS VACATED. The Municipality may
not order the Company to relocate any of its facilities or equip-
ment when a street, alley, public way or public ground is vacated
unless the reasonable cost of such relocation and the loss and
expense resulting from such relocation are first paid to the
Company.
SECTION 4. INDEMNIFICATION. The Company shall indemnify and
hold harmless the Municipality, its officers, employees and
agents from all liability on account of injury to persons or
damage to property caused by the Company's construction,
maintenance, repair or operations in the Municipality, unless
such injury or damage is the result of the negligence of the
Municipality, its officers, employees or agents.
SECTION 5. TERMINATION OF FRANCHISE. If the Company is in
default in the performance of any material part of this Franchise
for more than 90 days after receiving written notice from the
Municipality of such default, the Municipal Council may, by
ordinance duly passed and adopted, terminate all rights granted
hereunder to the Company. The notice of default shall be in
2
. � '` �"
writing and specify the provision of this Franchise under which
the default is claimed and state the bases therefor upon all
material issues relative to such default. Such notice shall be
served on the Company by personally delivering it to an officer
thereof at its principal place of business. The reasonableness
of any ordinance declaring a termination of the rights and
privilege granted by this Franchise shall be subject to judicial
review by a court of competent jurisidiction.
SECTION 6 . PUBLICATION EXPENSE. The expense of publication of
this franchise ordinance shall be paid by the Company.
SECTION 7. ORDINANCES REPEALED. All other ordinances or
portions of ordinances inconsistent herewith are hereby repealed.
SECTION 8 . ASSIGNMENT. The Company, upon notice to the
Municipality, shall have the right and authority to assign all
rights conferred upon it by this franchise ordinance to any
person, persons, firm or corporation. The assignee of such
rights, by accepting such assignment, shall become subject to the
terms and provisions of this ordinance.
SECTION 9 . CHANGE IN FORM OF GOVERNMENT. Any change in the form
of government of the Municipality shall not affect the validity
of this Franchise. Any governmental unit succeeding the
Municipality shall, without the consent of the Company, automati-
cally succeed to all of the rights and obligations of the
Municipality provided in this Franchise.
Passed and approved �--�,�A 1�r /�d�-'
��
Mayor of the City of Or o
ATTEST: Minnesota
� / �7� � � �,���
Clerk of the City of Orono
Minnesota
3
1
� ` 1
�
ORDINANCE N0. 243
AN ORDINANCE REGULATING
THE USE OF ALARMS
THE CITY COUNCIL OF THE CITY OF ORONO ORDAIIJS:
Section 1. The Municipal Code of the City of Orono is
amended by adding Chapter 113 which reads as follows:
113.010 Title. This ordinance shall be known, cited, and
referred to as "The Alarm Ordinance" , except when herein
referred to as "this ordinance" .
113.020 Purpose and Scope.
(1) This ordinance provides for regulation in the use
of fire, burylary, and safety alarms, establishes
users' fees, and establishes a system of administration.
(2) The purpose of this ordinance 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.
113.030 Definitions.
"Public safety personnel" means City employees or
employees duly authorized to maintain and enforce
public safety.
"Alarm user" means the person, firm, �artnership,
association, corporation, company or organization of
any kind in control of any building, structure, or
facility wherein an alarm system is maintained.
"Alarm system" means and includes any alarm
installation designed to be used for the prevention or
detection of burglary, robbery or fire on the premises
which contain an alarm installation. Automobile alarm
devices shall not be considered an alarm system under
the terms of this ordinance.
"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 thXough mechanical failure, alarm
malfunction, improper installation or the inadvertence
of the alarm system's owner or lessees or of his/her
..
�
� . . .
.
employees or agents. False alarms do not include
alarms caused by climatic conditions such as tornadoes,
thunderstorms, utility line mishaps, violent conditions
of nature or any other conditions which are clearly
beyond the control of the alarm manufacturer, installer
or owner .
113.040 User fees.
(1 ) Once a public safety alarm system reports more
than three false alarms to the City in a single
calendar year and the alarm user has received timely
notice of each violation, the alarm user shall be
charged a user fee as set forth in the City fee
schedule.
(2) Any alarm user required by the City to pay a user
fee as the result of a false alarrn 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. Following review and determination liy
the Chief of Police such decision may l�e appealed to
the City Administrator who will have ttie authority to
make a final determination as to whether the appellant
is to be charged with a fee for a false alarm.
113.050 Payment of fees.
(1 ) Payment of user fees provided for under Section
113.040 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 10 percent of the
fee.
(2) All delinquent charges for user fees computed as
provided in paragraph ( 1) above shall be certified by
the Clerk to the County Assessor 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 City Council for adoption on or befare
October 10 of each year .
113.060 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
-2-
y � a
♦
and eliminate the cause of the false alarms. Failure to
submit such written verification required by this Section
will be considered a violation of this ordinance.
113.070 Confidentiality.
(1) All information submitted in compliance with this
ordinance shall be held in confidence and shall be
deemed a confidential record exempt from discovery to
the extent permitted by law.
(2) Subject to requirements of confidentiality, the
Chief of Police may develop and maintain statistics for
the purpose of ongoing alarm systems evaluation.
113.080 Enforcement and penalties. Failure or omission to
comply with any section of this ordinance shall be deemed a
misdemeanor and may be so prosecuted, subject to the
penalties hereinafter provided. Upon conviction, a
violation of this ordinance shall be punishable by a fine of
not more than $500, imprisonment for a period not to exceed
90 days, or both.
Section 2. This ordinance shall take effect and be in force
from and after the date of its passage and publication.
Passed by the City Council this 23 day of Au u ,
1982, by a vote of 4 ayes and 0 nays.
i iam . n st, Mayor
ATTEST:
/�.' _ G�� �����
City Clerk, Alberta M. Strom
0455F
-3-
�
ORDINANCE NO. 244
AN ORDINANCE AMENDING CHAPTER 43 OF THE
ORONO MUNICIPAL CODE PROVIDING FOR TEMPORARY
"SET-UP" PERMITS.
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. The Municipal Code of the City of Orono
is amended by adding Section 43. 060 to read as follows:
Temporary Permits. A non-profit organization,
in conjunction with a social activity held
within the City and sponsored by that organ-
ization, may apply for a one-day temporary set-up
permit. The permit shall be valid only for the
day indicated on it. There shall be no sale of
intoxicating liquor under this permit, nor shall
there be a fee charged at a permitted social
activity where said fee includes the cost of
intoxicating liquor.
The social activity under this permit may be
conducted between the hours of noon and one a.m.
The permittee shall be solely responsible for
the conduct of the attendees.
The fee for the temporary set-up permit shall
be in an amount according to the City fee
schedule.
SECTION 2. This ordinance shall take effect and
be in force from and after the date of publication.
Adopted by the City Council of the City of Orono on
t�ie _�_ day of September, 1982, by a vote of 5 ayes and
nays.
Wi liam B. st, yor
ATTEST:
M ry S Woytcke, nuty Clerk
. � '�
ORDINANCE N0. 245
AN ORDINAIICE AMENDING CHAPTER 80 OF THE OROP�O PIUNICIPAL CODE
RELATING TO FIREARMS, DANGEROUS WEAPONS AND NOTIC�S AND
PERMITS FOR SAME AND DELETING SEC�PIOtJS 80.U30, 80.040,
80 .041, 80.042, 80 .043, 80 .044, 80 .045, 8U .050 AND 80 .051.
Section 1. Chapter 80 , Sections 80 .030, 80 .040, 80 .U41,
80 .042, 80.043, 80 .044, 80 .045, 80 .050 and 80 .051 of the Municipal
Code of the City of Orono are hereby deleted.
Section 2. A new Section 80 .030 is added to read as follows:
80.030 Acts Prohibited. It is unlawful for any person to:
(1 ) Recklessly handle or use a firearm, bow and arrow,
explosive or other dangerous weapons so as to endanger the
safety of another; or,
(2) Intentionally point a firearm of any kind whether
loaded oX unloaded, bow and arrow, explosive or other
dangerous weapon, capable of injuring or killing a human
being, at or toward an individual; or,
(3) Manufacture or sell for any unlawful purpose any
weapon known as a sling-shot or sand club; or,
(4) Manufacture, transfer or possess metal knuckles or
a switch blade knife that opens automatically; or
(5) Possess any other dangerous article or substance
for the purpose of being used unlawfully as a weapon against
another; or,
(6) Sell or have in his possession any device designed
to silence or muffle the discharge of a firearm; or,
(7) Permit, as a parent or guardian, any child undex
fourteen years of age to handle or use, outside of the
parent' s or guardian's presence, a firearm or air gun of any
kind, or any ammunition or explosive; or,
(6) Furnish a minor under eighteen years of age with a
firearm, air gun, ammunition, or explosive without the
written consent of his parent or guardian or of the Police
Department.
Section 3. A new Section 80 .031 is added to read as follows:
80 .031 Exception. Nothing in Section 80.030 of this
ordinance shall prohibit the possession of the articles
therein mentioned if the purpose of such possession is for
public exhibition by museums or collectors of art.
. ' ..
Section 4. A new Section 80.040 is added to read as follows:
80.040 Discharge of Firearms and �xplosives. It is
unlawful for any person to fire or discharge any cannon,
gun, pistol or other firearm, firecracker, skyrocket or
other fireworks, bow and arrow, air gun, air rifle, or other
similar device, commonly referred to as a B-B gun.
Section 5 . A new Section 80.041 is added to read as follows:
80.041 Exception. Nothing in Section 80.040 of this
ordinance shall apply to a display of fireworks by an .
organization, authorized by permit issued by the City
Administrator, application for permit �einy made at least 15
days prior to the event . Nothing in Section 80 .U40 of this
ordinance shall apply to discharge of a firearm by a Peace
Officer in performance of his duty, or to a person in the
lawful defense of his person or family, or to the discharge
of firearms in a range authorized by the City Council in
writing.
Section 6 . A new Section 80 .050 is added to read as follows:
80.050 Permits, Procedure. The City Clerk may require that
notice be given to surroundiny landowners and an opportunity
for them to object prior to the issuance of a permit under
Sections 80 .041, 80.051 and 80.052, but such objections
shall not require the permit to be withheld. Any person may
appeal the denial of a permit to the City Council .
Section 7. A new Section 80.051 is added to read as follows:
80.051 Permits, Annual. Annual permits may be granted as
follows:
(1 ) for target shooting or trap and skeet shooting to
clubs;
(2) for tarqet shooting or trap and skeet shooting to
individuals if used at least on a monthly basis;
(3) for the training of doys for clubs or individuals,
which permit is valid only on land described in the permit
by persons with consent of the owner or leasee thereof;
(4) to clubs and individuals for the operation of a
game and fur farni pursuant to Minnesota Statutes Section
99.27 , or for the operation of a private shooting preserve
pursuant to Minnesota Statutes Section 10U.32 to 100 .37;
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(5) for control of pests, vermin, rodents, or other
animal nuisances, except that no hunting of game animals or
game birds shall be allowed.
Section 8 . A new Section 80.052 is added to read as follows:
80.052 Permits, Occasional. Occasional permits valid for a
period of 15 days or less may be granted to clubs or peXsons
as follows:
(1 ) occasional target shooting or trap and skeet
shooting;
(2) field trials, commercial or professional
exhibitions or displays, or any similar or lawful purpose as
determined by the City Clerk.
Section 9. A new Section 80.053 is added to read as follows:
80.053 Permit Fees, Permit Revocation. The fee for annual
or occasional permits shall be charged according to the City
fee schedule. A violation of any 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 the violation.
Section 10 . A new Section 8U .060 is added to read as follows:
80.060 Violation. A violation of any section of this
Chapter, with the exception of Section 80.053, shall be a
misdemeanor, and may be so prosecuted, subject to the
penalties hereinafter provided. Upon conviction, a
violation of this Chapter, with the exception of Section
80.053, shall be punishable by a fine of not more than $500,
imprisonment for a period not to exceed 90 days, or both.
Section 11. A new Section 80.U61 is added to read as follows:
80.061 Confiscation. The firearms, bow and arrow,
explosives or other dangerous weapons of the alleged
violator of the sections of this Chapter may be confiscated
at the time of arrest, and returned only if the violator is
adjudged not guilty of the offense charged and no liability
of damages shall result therefrom. Confiscated firearms may
be disposed of as provided by law.
Section 12. A new Section 80.070 is added to read as follows:
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80 .070 Possession and Sale of Fireworks. It is unlawful
for any person to sell, possess or have in possession for
the purpose of sale, distribution, use or explosion, any
firecrackers, sky rockets or other fireworks, except as
allowable in Section 80 .041 of this section.
Section 13. A new Section 80.080 is added to read as follows:
80 .080 Use of Bow and Arrow. It is unlawful for any person
to shoot a bow and arrow except in the physical education
program in a school supervised by a member of its faculty, a
community-wide supervised class or event specifically
authorized by the Chief of Police, or a bow and arrow range
authorized by the City Council.
Section 14. A new Section 80.090 is added to read as follows:
80.090 Exposure of Unused Coritainer . It is unlawful for
any person, being the owner or in possession or control
thereof, to permit an unused refriyerator, ice box, or other
container sufficiently large enough to retain any child,
with doors that fasten automatically when closed, and to
expose the same to children without removing the doors,
lids, hinges or latches.
Section 15. This Ordinance shall take effect and be in force
from and after the date of its passage and publication.
Passed by the City Council this 13 day of October ,
1982, a vote of 3 yeas and 0 nays.
'�\o.�� C,�
William B. V est, Mayor
Mary C. Butler, Acting Mayor
ATTEST:
�--2����� , �_��
City Clerk
0459F
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t
ORDINANCE N0. 246
AN QRDINANCE AMENDING THE MUNICIPAL CODE OF ORONO
BY CHANGING THE ZONING DISTRICT DESIGNATION AND
PERFORMANCE STANDARDS APPLIED TO BIG ISLAND,
MAHPIYATA ISLAND AND DEERING ISLAND
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
Section 1 : Chapter 33, Section 33. �110 of the Zoning Code of Orono is
amended by deleting the LR-lA-1 One Family Lakeshore Residential
Subdistrict and by adding the following District to the list of "R"
Residence Districts:
RS Seasonal Recreational District
Section 2: Chapter �4 of the Zoning Code of Orono is amended by
repealing Sections 34. 36� , 34. 361 , 34. 37d , 34 . 38G3 and 34. 390 in their
entirety to be replaced by new Sections 34. 360 through 34. 379 as
follows:
34. 36l�. RS: Seasonal Recreational District
34. 361 . RS: Purpose. The "RS" Seasonal Recreational District is
intended to provide a district which will allow a low-density seasonal
form of residentialdevelopment or recreational activity on the three
Lake Minnetonka islands within Orono . Big Island , Mahpiyata Island
and Deering Island are totallysurrounded 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
utilities , garbage collection, or complete police , fire, med 'ical
emergency or other municipal services.
The islands have historically been used for summer cabins, camping
spots, temporary boat landings and a disabled veteran' s summer camp.
As long as this usage remains minimal , public health and safety is
reasonably maintained . But development forecasts indicate
increasing pressuresformoreintensiveusagethatcould easily exceed
the City' s public service capabilities. For these reasons , Orono ' 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 beallowed to continueindefinitely, subjectto
strict conformance with special health and safety standards. The
"RS" District is est�blished to implement these special planning
policies.
34. 352. RS: Permitted Uses. Within any "RS" Seasonal Recr-
eational District, no land or structures shall be used except for any
one of the following uses:
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, �,
a) Seasonal Dwellings: One family detached
dwellings used for seasonal recreational use not to exceed 18A days- in
any one year , and not to be the owner ' s "principal residence" for
homestead tax credit purposes.
b) One family, seasonal recreational use of land without
structures , or withaccessory structuresonly, such astentcamping or
day-use only. Accessory structures permitted on land without a
principal structure shall be limited to one or more of the following :
1) Docks conforming to City and LMCD code requirements.
2) Not more than one (1) storage building not to exceed 120
square feet in area .
3) Firerings or barbeque pits.
4) Open deck or screen house not to exceed 3�9 square feet
in area.
5) Not more than one ( 1) toilet building or outhouse which
must conform in location and design to the requirements of
Section 34. 372.
6) Tents or similar temporary structures to be in place not
to exceed 180 days in any one year .
c) Publicly owned and operated parks, nature areas or
wildlife preserves , for day use only, when operated by the City, the
Hennepin Park Reserve District or by the Minnesota Department of
Natural Resources. All dockaqe or structures built thereon shall
remain subject to City Council review and approval .
34. 3h3 RS: Conditional Uses. Within any "RS" Seasonal Recre-
ational District, no land or structures shall be used for the following
uses except by conditional use permit :
a) 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 non-seasonal dwelling use provided
the applicant demonstrates and the City 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 precautions
are taken for fire protection and security of persons and property, as
follows:
1) The minimum dry buildable record lot area required for
approval of a Principal Dwelling Con�itional Use Permit
without a variance shall be 5. 0 acres. Approval of a
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Principal Dwelling Conditional Use Permit on an existing
record lot of less than 5. 0 acres shall be subject to strict
showing of compliance with health and sanitation
performance standards. '
2) An on-site sewage treatment system shall be provided in
con£ormance with the requirements of Section 34. 372.
3) A domestic water well shall be provided which conforms
to current Minnesota Health Department regulations for
� depth, for setback from lake, wetland and sewage treatment
system components, and which is capable of supplying
domestic fire protection.
4) The dwelling shall be built or rebuilt to conform to
current State Buildinq Code requirements including
provision for a permanent foundation, a heatinq system and
insulation conforming to energy code standards .
5) The dwelling shall be equipped with approved smoke
detection devices, and with some form of manual or automatic
fire extinguishing equipment.
5) The dwelling shall be provided with telephone service.
7) The lot or parcel shall be located directly on the
shoreline or other access shall be available via a privately
improved and maintained access to the shoreline.
8) 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 .
b) Private Guest Cabins: Accessory separate dwellings
or sleeping quarters containing indoor toilet and/or kitchen
facilities located on the same lot, parcel or property as a permitted
Seasonal Dwelling orasa conditionally permitted Principal Dwelling .
A conditional use permit may be issued for one or more private guest
cabins provided the applicant demonstrates and the City Council finds
that the additional living or sleeping facilities will notcontribute
to overcrowdinq or overuse of a small property, will not adversely
affect neighboring properties, and that extra private precautions are
taken for fire protection and security of persons and property, as
follows:
1) Private Guest Cabins shall be used solely by the
occupantsof the seasonal or principal dwellinq , includinq
their domestic employees, caretakers or non-paying guests.
Private guest cabins shall not be rented or leased for
compensation.
2) The minimum dry buildable record lot area required for
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approval of a Private Guest Cabin Conditional Use Permit
without a variance shall be 5. Q acres. Approval of a
Private Guest Cabin Conditional Use Permit on an existing�
record lot of less than 5 . 0 acres shall be subject to strict
showinq of compliance with health and sanitation
performance standards.
3) The guest cabin (s} and the seasonal or principal
dwelling shall all be connected to on-site sewage treatment
system (s) in conformance with the requirements of Section
34. 372 .
4) The guest cabin (s) and the seasonal or principal
dwelling shall all be equipped with approved smoke
detection devices and with some form of manual or automatic
fire extinguishing equipment.
5) 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) Not more than one private guest cabin constructed
withoutindoorplumbing , toiletsorkitchenfacilities , and
used only for additional sleeping quarters, shall be
permitted on any property as an accessory use without
requiring a conditional use permit , provided the accessory
cabin does not exceed 600 square feet in floor area and
provided all accessory building performance standards are
met. Use of more than one accessory building for
additional sleeping quarters, or use of an accessory
building in excess of 600J square feet in floor area , shall
require issuance of a conditional use permit and compliance
with the provisions of this subsection.
c) Day-Use Recreation Areas: Land or structuresowned or
used by any pr—ivate club, assoc ation or group of unrelated
individuals as a regular meeting place for group activities including
withoutlimitation boating activities, swimming , fishing , picnicing ,
athletic fields,nature trails and otherday-use . Over-night campinq
shall be permitted only on an occasional and incidential basis. This
category includes day-use scout, church, YMCA or YWCA camps, private
non-profit parks and boating groups, clubs or associations. This
category does not include public day-use parks. A conditional use
permit may be issued for a � Day-Use Recreation Area provided the
applicant demonstratesand the City Council finds that the property is
large enough to support the proposed use without adverse effect upon
the lake, upon the land or wetlands, upon neighboring or nearby
properties , and that extra private precautions are taken for fire
protection and for security of persons and property commensurate with
the number of users expected on the property, as follows:
1) The minimum dry-buildable record lot area required for
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approval of a Day-Use Recreation Area Conditional Use
Permit without a variance shall be 5. � acres. If the n�mber
of expected users at any one time exceeds 100 , the minim��
lot area required shall be increased to maintain a.ratio of
at least 1.0 acre per 20 users.
2) The minimum lot width at the shoreline shall be 200
feet.
3) The club, association or group shall each year obtain a
joint-use dock license from the City and from the Lake
Minnetonka Conservation District , and shall at all times
abide by all. terms therein. The number of licensed boat
slips shall not exceed one ( 1) slipper 50 feetof shoreline.
4) Any swimming area shall be suitably marked-off and
separated from boat traffic areas, and safety equipment or
supervisors shall be provided as may be required by the City
Council .
5) On-site sewage treatment shall be provided in
conformance with the requirements of Section 34.372.
6) All new buildings or structures on the property, except
accessory structures 120 square feet in floor area or
smaller , shall be approved by the City Council as to size,
location and proposed use prior to issuance of any building
permits.
7) The property shall be provided with telephone service
for emergency use.
8) The lot or parcel shall be located directly on the
shoreline or other access shall be available via a privately
improved and maintained access to the shoreline.
9) All propertyin common ownership shall be combined into
one tax parcel if contiguous; or 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 .
d) Overnight Camps: Land or structures owned or used by
any public agency, uniTt o� qovernment or any private club,
association or group, for overnight or extended camping by families or
individuals, including related activities such as boating , swimming ,
fishinq , picnicing , athletic fields or nature trails. This category
includes overnight scout, church, YMCA or YWCA, Park Reserve and
Veteran' s Association camps. A Conditional Use Permit may be issued
for an Overnight Camp provided the applicant demonstrates and the City
Council finds that the property is large enough to support the proposed
use without adverse effect upon the lake, upon the land or upon
neighboring properties, and that extra private precautions are taken
for fire protection and for security of persons and property
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commensurate with the number of users expected on the property, as
follows:
1) The minimum dry-buildable record lot area req�ired for
approval of an Overnight Camp Conditional Use Permit shall
be 5. 0 acres. If the number of dwellinq units exceeds five
(5) , the minimum 1ot area required shall be increased to
maintain a ratio of at least 1. OJ acre per dwelling unit .
For purposesof this section, one "dwelling unit" shall mean
up to fiwo (2) developed camping spots for tent camping or
each separate cabin or structure used for sleeping
purposes, whether or not such cabin or structure includes
separate toilet or kitchen facilities.
2) The minimum lot width at the shoreline shall be 200
feet.
3) Any common kitchen, dininq-room or eating facility
shall conform to the requirements of Hennepin County
Environmental Sanitation Food Protection Ordinances ,
including all applicable licenses and inspections.
4) The camp operator shall each year obtain a joint-use
dock license from the City and from the Lake Minnetonka
Conservation District, and shall at all times abide by all
termstherein. The numberoflicensed boat slips shall not
exceed one ( 1) slip per 50 feet of shoreline.
5) Any swimming areas shall be suitably marked-off and
separated from boat traffic areas, and safety equipment or
supervision shall be provided as may be required by the City
Council .
6) Toilet and sanitation facilities, including on-site �
sewage treatment systems , shall be provided in conformance
with Minnesota Health Department regulations and the
requirements of Section 34. 372.
7) A11 new buildings or structures on the property, except
accessory structures 12P1 square feet in floor area or
smaller , shall be approved by the City Council as to size,
location and proposed use prior to issuance of any building
permits.
8) The property shall be provided with telephone service
for emergency use.
9) All cabins or other structures used for sleeping
purposes shall be equipped with approved smoke detection
devices and with some form of manual or automatic fire
extinquishing equipment.
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1�1) All assembly buildings or portions thereof having an
occupancy load of 50 persons or more shall be equipped with
fire extinguishing equipment consisting of hand-field fire
extinquishersandeitheranautomaticfire sprinkler system
or other means of fire supression equipment as may be
approved by the Council .
11) An emergency preparedness plan sha11 be required to
address fire protection, medical emergency and police
public safety services for all times the camp is occupied .
12) 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 .
e) Planned Residential Development Subdivisions limited
to detached one-familyseasonaldwellings only, sub�ect to theminimum
5. 0 dry-buildable acres per dwelling unit net density otherwise
required in the RS District, and subject to the limitations of Section
38. 500 et seq. The minimum total land area for a PRD subdivision shall
be 20.(3 acres.
f) Animals subject to the provisions of Section 34. 031 .
34.3ti4 . RS: Accessory Uses. Within any "RS" Seasonal Recre-
ational D si trict, 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 34. 362 (b) . Once a
permitted or conditional use exists on any lot or parcel , no accessory
structures or use of land shall be permitted except for one or more of
the following uses:
a) Docks conforming to City and Lake Minnetonka
Conservation Di�ict regulations, not to exceed one (1) slip per 50
feet of shoreline width, or a maximum of four (4) slips per property,
whicheverisless. An annualjoint-use docklicense shall be required
for any non-residential dock and/or for any property having more than
four (4) slips.
b) Not more than two (2) accessory buildings used for
storage, service or other non-�birtab e purpose. No suc�individual
building shall exceed 1000 square feet in floor area , and the sum of any
two buildings on any record lot shall not exceed 1500 square feet in
floor area without a Conditional Use Permit. Accessory buildings
used as barns or stables shall be subject to this area restriction and
to a Conditional Use Permit pursuant to Section 34. 363 (f) , including a
150 foot setback from all property lines.
c) Not more than one (1) accessory private guest cabin not
to exceed ti�JA square�eet n floor area pursuant to Section 34. 36-3�{ h) .
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' A
d) Open decks , patios , screenhouses or private
greenhouses. �
e) Private swimming pools, tennis courts, paddocks or
athletic fields or equipm�en—t! �
f) Not more than two (2) toilet buildings or outhouses
which shall conform in location and de is gn to the requirements of
Section �4 . 3�2.
g) Tents or other temporary structures to be in place not
more than 1$0 days in any one year .
h) Open woodorgravel-filledsteps , stairwaysorwalkways
on lakeshore hi11s or embankments ,limited to not more than four (9)
feet wide at any point within ?5 feet of the shoreline . Concrete or
other solid materials shall constitute hardcover and are prohibited
within ?5 f_eet of. the shoreline.
i) Lake water pumphouses which may be within 75 feet of the
shoreline if limited to 2!� square feet or less in area and five (5)
feet or less in height , and subject to all applicable permits for such
use .
jl Firerings or barbeque pits.
k) Gardens , gardeningandotherhoriculturaluses including
apiaries and decorative landscaping .
1) Fences not to exceed 42 inches in height, and no part of
which may be located within 75 feet of the shoreline .
m) Retaining walls, not to exceecl 42 inches in height, and
no part of which may be located within 75 feet of the shoreline .
n) Home occupations pursuant to Section 34 . 043 .
o) New boathouses within 75 feet of the shoreline are
specifically prohibited .
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34. 365. RS: License for Private Inprovements within Public Rights
of Way. No person shall a�ter mi prove or use or pr�ivate purposes any
platted public right of way, any platted public park, or any other
property owned by the City without first obtaining a license from the
City Council as follows :
a) Inland Property Access. Persons desiring access to
property locate�3 inland and not abutt nq the shoreline may apply for a
license to privately use and/or improve platted public right-of-way
for such purpose. The license applicant shall demonstrate and the
City Council shall find that there is no reasonable alternative access
available, and that the proposed improvementsand/or typeof use would
not unreasonably affect other properties abutting the right of way.
The City Council may approve , deny or place restrictions on any such
;;�ense based upon public health , safety and welfare considerations ,
including without limitation the configuration of adjoining Record
Lots, the location, width, topography, drainage and veqetation on the
right-of-way and the number of existing or future property owners who
may require access at the same location. Any land alterations or
improvements approved shall be the minimum amount necesssary to
provide reasonable inland access.
bl Land Alterations. Grading or physicial alteration of
any platted publ c right of way for any purpose including inland
property access is prohibited except when such work has been
specifically authorized as part of a license issued by the City
Council . The license applicant shall provide a detailed land survey
of the right-of-way and appropriate engineering drawings sufficient
to identify the full extent of all proposed work. License approval
shall be subject to obtaining a grading permit from City staff, and all
other permits as may be required by other agencies having
jurisdiction. Public rights-of-way so improved shall be maintained
by the licensee.
c) Dockage on Right of Way. Installing , maintaining ,
keeping or using a private dock on any platted public right of way for
any purpose includinq inland property access is prohibited except when
such dock has been specifically authorized as part of a license issued
by the City Council . Not more than one ( 1) seasonal dock will be
approved for access to any one property. In review and approval or
denial of such license, the City Council shall consider the width and
topography of the right-of-way, the number of property owners
requestinq dockage at that location, the plan of the proposed dock, and
conformance with City and Lake Minnetonka Conservation District dock
requlations. The City Council may establish reasonable standards or
requirements in approving any such dock license.
d) 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
license issued under this section.
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e) License Exceptions. No license shall be required for
any person to wa�lc 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 license shall be required for any person whose
property abutts a platted public right of way or a platted public park
to control weeds or brush, seed , sod , mow or otherwise maintain sai3
r ight of way or park in a neat and presentable manner . Persons whose
Record Lot established by -Section 34.366 consists of tax parcels
divided by platted , unopened public right of way may incorporate and
use such riqht of way as part of their yard without a license, provided
no permanent structures are erected or maintained within the right of
way.
f) Public Use Limited . Any license issued under this
section shall be deemed to open the platted public right of way only to
the extent necessary as established in the license, and for the limited
use of the licensee and his invitees.
q) License Limitations. A license issued under this
section shall not qrant or vest any property rights to use of the public
right of way or other public property, or in any improvements made
thereto. Licenses issued under this section shall be valid for one
year , shall be subject to change, alteration or revocation for cause by
the City Council at any time, and shall be automatically renewable on
the anniversary of the date of issuance except upon written notice from
the City to the licensee at least 30 days prior to the anniversary date.
h) Hold Harmless. As a condition of issuance of any
license, the applicant shall i.n writing release, indemnify and hold-
harmless the City from any and all claims or causes of action arising
out of the use or alteration of the platted right of way by applicant or
his invitees.
i) License Hearing and Notice. The Planning Commission
or City Council shall hold a public hearing or hearings on each
application for a license . Notice of the public hearinq shall be
given not less than 10 days or more than 39J days prior to the date of the
hearing by publication in the legal newspaper for the City. Such
notice shall contain the description of the land and the proposed use.
At least 10 days before the hearing , the City Clerk shall mail an
identical notice to the applicant and to each of the property owners
within 350 feet of the outside boundaries of the land in question.
Failure of the property owners to receive notice shall not invalidate
the proceedings. At the public hearing , the Planning Commission or
City Council shall review the application and the statements and
drawings submitted therewith and shall receive pertinent evidence
concerning the proposed use and the proposed conditions under which it
would be operated or maintained .
34. 3�6. RS: Lot Area Requirements. Within any "RS" Seasonal
Recreational District, no new lot or parcel shall be created less than
5.0 acres in dry buildable lot area exclusive of any designated
wetlands. Within any"RS" Seasonal Recreational District, the
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following subsections shall govern the buildability, use and/or
subdivision of each existing Record Lot as defined and identified
therein:
a) RS: Record Lot Definition. For purposes of the "RS"
Seasonal Recreational District , a "Record Lot" shall mean all the
contiguous or abutting land owned in common by the same person or
persons as of November 9 , 1981 , or at any time such common-ownership may
occur thereafter , inr.luding one or more separately platted lots or
unplatted parcels of land , and/or one or more separately identified
tax parcels. Because of the uni.que circumstances and actual use
patterns existing an the is.lands , also included within the definition
of a "Record Lot" is commonly-owned land that is contiguous except for
being separated only by platted unopened public right-of-way. Each
Record Lot as defined and identified herein shall be considered in its
entirety to be one lot for zoning purposes .
1) The effective date for determination of common-
ownership is November 9 , 1981 , the date of adoption of
Ordinance No . 238 establishing a moratorium on development ,
including land subdivision, on the Lake Minnetonka Islands
within Orono . Common ownership as of that date has been and
shall be determined by the deeds of record at the Hennepin
County Recorder ' s Office . This definition shall not
preclude the Cityfrom recognizing or enforcing the common-
ownership/lot of record provisions of Ordinance No . 172 ,
Section 31 . 200 , which e€fective date is January 1 , 1975, or
any other similar prior ordinance. ,
2) The City Council has identified and hereby establishes
h9 Record Lots on Big Island , Mahpiyata Island and Deering
Island as listed by Record Lot number in the left-hand
column of Sections 34 . �6ti (d) , (e) , (f) and (g) . Each such
Record Lot shall include all land identified by all tax
parcel property identification numbers (PID' s) grouped
together following the Record Lot number .
3) Within ti!� days after adoption of this ordinance , the
owner of each Record Lot shall be notified in writing at his
last recorded address of the classification of each Record
Lot, including all tax parcels determined to be included in
such Record Lot. All existing uses in the RS District are
identified in the Record Lot inventory Sections 34 . 366 (d) ,
(e) , ( f) and (g) and all such uses have been deemed to be
seasonal in nature. Thenotice shall provide that in order
to receive the benefits of the automatic lot area variances
granted by Sections 34 . 355 (f) and (h) , the owner shall on a
form provided by the City acknowledge the Record Lot and
shall arpply for combination of all separate tax parcels
pursuant to Section 34 . 3�5 (b) . Any Record Lot owner may
• appeal the Record Lot classification or use determination
to the City Council with no application fee required within
six months of the effective date of this ordinance. The
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Record Lotinventory shall be considered accurate and final
for all properties except those found on appeal to have a
demonstratable cause for change or adjustment.
4) Notice of Record Lot establishment as determined herein
shall be filed by the City in the chain of title of each
property.
5) Future changes in tax parcel property identification
numbers caused by combination of parcels for tax purposes or
for any other reason shall not alter the establishment of
Record Lots listed hereinafter. New Record Lots shall be
created only by City Councilapproved subdivisionspursuant
to Section 34.366 (c) , or by combination of two or more
complete Record Lots listed hereinafter .
b) Tax Parcel Combination Required. No new building
permit, variance or conditional use permit shall be issued for any
purpose on any Record Lot composed of two or more tax parcels unless or
until the owner of such Record Lot shall apply for a formal combination
of all commonly-owned property into one parcel . If contiguous, all
property shall be combined into one tax parcel . If separated by
public right-of-way, a special lot combination form shall be exectued
and filed in the chain of title of each separate parcel .
c) Subdivision of Record Lots. All record lots
established in Section 34. 366 shall be cont ni ued in common ownership
and shall not be subdivided , sold in parts, reduced in area , leased or
otherwise separated without application forand City Council approval
of a "subdivision" in accordance with the platting code of the City,
Chapter 39 of the Municipal Code. Such subdivisions will normally be
approved and additional new Record Lots created only if all resulting
lots are each 5. 0 acres of dry-buildable lot area or more. No existing
Record Lot shall be divided or reduced in area to less than 5.0 acres of
dry-buildable lot area, except as follows:
1) Lot line rearrangements between abutting properties
that do not create an additional building site will normally
be approved .
2) Separation of platted lots divided by public rights-of-
way may be approved provided the separated lot is combined
with other abutting property to enlarge said property
without necessarily creating an additional substandard
building site. �
d) RS: Subdividable Record Lot Inventory . The
following Record Lots are hereby established ,each of which is
determined to have a dry-buildable lot area in excess of ten (lfd. 0)
acres per owner . Therefore, each of the following Record Lots may be
subdivided into two or more lots in conformance with the minimum lot
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area requirements of this section subject to subdivision application
and approval pursuant to Section 34 . 3�ti (c) and to Chapter 39 of the
Municipal Code . Record Lots are identified by Record LotNumber , and
each includes all property identified thereafter by the listed tax
parcel property identification numbers:
Record Tax Parcels in Combined
Lot No . Location Common Ownership Dry Acreage
1) Big land 14-117-23 34 S�t�f31
23-117-23 ?_1 O.1P1(�l
23-117-23 22 00�11 58 . 0
2) Big Island 22-117-23 13 CJHf�3
" � 0004
27_-117-23 14 0001
f��J03
23-117-23 22 0014
0�f15 38 . 3
3) Big Island 22-117-23 24 (�HQ1 17 . 5
4) Big Islanc3 22-117-23 13 G��I�fl
0t3f�5
Zz-11�-23 42 aS�t�2 19 . s
el RS: Conforming Record Lot Inventory. The following
Record Lots are hereby established , each of which is determined to have
a dry-buildable lot area of five (5. 9) acres or more per owner .
Therefore, each of the following Record Lots 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 approvals required therefor
including tax parcel combination purusant to Section 34 . 365 (b) .
Record Lots are identified by Record Lot Number , and each includes all
property identified thereafter by the list�d tax parcel property
identification numbers. "SD" means permitted Seasonal Dwelling :
"SR" means permitted Seasonal Recreational Use without structures :
"CUP" means Conditional Use Permit :
Record Tax Parcelsin Combined Exist.
Lot No. Location Common Ownership Dry Acre. Use
1) Big and 14-117-23 34 H091 CUP
' ?.3-117-23 21 0(301 Over-
Night
23-117-2? 22 0�0H1 58 . 0 Camp
2) Big Island 22-117-23 13 0003
� ' 0004
22-117-23 14 (�001
0g03
� 23-117-23 22 g�J14
• PJ015 38 . 3 CUP
Park
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3) • Big Island ?_2-117-?_3 24 H001 17 . � SD &
CUP
4) Big Island 22-117-23 13 �g31
0005
22-117-23 42 ��02 19 .8 SR
5) Big Island 22-1].7-?_3 14 Q��2 9. 0 CUP
6) Big Island 22-117-23 31 00�1 h . 3 SD
7) Deering Island 18-117-2.3 31 g��l �. 5 SD
f) RS: Substandard -�Buildable Record Lot Inventory. The
following Record Lots are hereby established , each of which is
determined to have a dry-buildable lot area of less than five (5. 0)
acres per owner , which lot area is substandard pursuant to the minimum
lot area requirements of this section. However , based upon
individual lot surveys and existing lot development patterns , the
Record Lots listed herein are herebygranted lot area variances and are
recognized by the City Council as buildable lots. Each of the
following Record Lotsmay beusedforone-familyseasonalrecreational
use or for a single permitted seasonal dwelling which may be either the
existing dwelling , a replacement dwelling , or if vacant , a new
dweJ.ling , without further City Council action or review, subject to
strict compliance with all setback , hardcover , on-site sewage
treatment and other performance standards for development in the RS
District , including tax parcel combination pursuant to Section 34 . 3�h
(b) . Record Lots are identified by Record Lot Number ,and each
includes all property identified thereafter by the listed tax parcel
property •identification numbers. "SD" means permitted Seasonal
Dwelling : "SR" means permitted Seasonal Recreational Use without
structures : "CUP" means Conditional Use Permit :
Record Tax Parcelsin Combined Exist .
Lot No . Location Common Ownership Dry Acre. Use
8) Big Island 23-117-23 23 0001
23 Q002 4. 3 SR
9) Big Island ?_2-117-23 24 0g06
24 P1008 3.7 SD
10) Big Island 23-117-?.3 22 �1�JP12 3 . 6 SD
11) Mahpiyata Is. 22-117-23 13 0�l02 3. 4 SD
12) Big Island 22-117-23 42 �1019 3 . 1 SD
13) � Big Island 22-117-23 24 0009 3. 1 SR
- ---
-14-
14) Big Island 7.2-117-23 42 0001 2.7 SR
15) Big Island 23-117-23 32 0p28
0029
0�46
0047
0048
0Q49 2. 5 SD
15) Big Island 23-117-23 32 0�a1
Q002
001� .
�011
. 0012
0044 2. 2 SD
17) Big Island 23-117-23 32 0�3�
0031
Q�32
� 0033
H�41 2. H SD
18) Big Island 23-117-23 22 0�18 1 .8 SD
19) Big Island 22-117-23 42 00�4
0g�9
� H�1�
H011
0012
P1P113
0014
0D115
H016
0017
0H18 1 .7 SR
20 . Big Island 23-117-23 32 0H42 �
PJ053 1 . 5 SD
21) Big Island 22-117-23 31 0002 1 . 4 SR
22) Big Ysland 22-117-23 41 0001
23-117-23 32 H013
, 0014
� 0015
0FJ19 1 . 3 SD
23) Big Island 23-117-23 22 0H�8
0�16 1. 2 SD
24) Big Island 23-117-23 32 0043
Pf045
0f�501 1. 1 SD
-15-
25) Big Island 23-117-23 32 �0�3
0�35
0040 1 .Q SD
2ti) � Big Island ?.3-117-23 23 0007
��08
�009
0�1p 1 .Q SD •
27) Big Island 2�-117-23 32 Q005
0�05
0�07
H�08
. . 00g9 0. 9? SD
28) Big Island 22-117-23 31 0�25 0 .97 SD
29) Big Island 23-117-23 32 0059 0. 9p SD
30) Big Island 23-117-23 32 p�51
0�52 Q.85 SR
31) Big Island 22-117-23 31 �0?_7
��28 0.84 SD
32_) Big Island 23-117-23-32 0054
0�5� �. 80 SD
33) Big Island 23-117-23 32 ��21
0�22 0. 75 SD
34) Big Island 22-117-23 31 0012
' 0013
001].4
0015 0 . 58 SD
35) Big Island 22-117-23 31 0029 0 .68 SD
35) Big Island 23-117-23 23 0013
�1014 0. 66 SD
37) Big Island 23-117-23 23 0�115
g016 0. 5•5 SR
38) Big Zsland 23-117-23 23 OPJ11
0Q12 0. 52 SR
39) Big Island 23-117-23 23 0023
0P124 0. 59 SD
-16-
. , '
4�1) Big Island 23-117-23 32 �1023 0 . 54 SR
41) Big Island 7_3-117-?_3 32 0058 0 . 53 SD
42) Big Island 22-117-23 31 �18(39
001H
f7011 6. 51 SD
43) Big Island ?_2-117-23 24 OOPJ2
0�03 P�. 5H SD
44) Big Island 22-117-23 31 OJA25 0. 5H SD
45) Big Island 22�-117-23 31 OP107
Q008 0 . 49 SD
46) Big Island 23-117-23 23 0017
GlP118 0. 49 SR
47) Big Island 23-117-23 32 0037 0 . 46 SD
4�) Big Island ?.3-117-23 23 OJP119
Q�2�1 0. 4� SD
49) Big Island 23-117-23 23 PJPJ21
� QP122 OJ. 44 SD
50) Big Island 22-117-23 31 PJ021
, F�022 0. 40 SD
51) Big Island 23-117-23 23 a027 QJ . 39 SR
52) Big Island 23-117-23 32 �J004
0038 0. 38 SD
53) Big Island 23-117-23 32 �057 6. 35 SD
54) Big Island ?_3-117-2'� 23 �J0PJ5
0Hl�6 0. 33 SD
55) Big Island 23-117-23 22 0(�17 0 . 33 SD
561 Big Island 23-117-23 32 001?_7 0. 33 SD
57) Big Island 23-117-23 32 P1Q55 0 . 33 SD
58) B.ig Island - 23-117-2� 32 0034
OQJ36 0. 32 SD
59) Big Island 22-117-23 24 P1005 Q. 25 SD �
5�1) Big Island 22-117-23 31 0016 0. 23 SD
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hl) Big Island 23-117-23 32 �039 0 . 2� SD
52� Big Island 23-117-23 22 0��9 0 . 18 SD
g) RS: Substandard-Unbuildable Record Lot Inventory.
The following Record Lots are hereby established , each of which is
approximately one-third (1/3) acre in area or smaller , which ].ot area
is too small to accommoc3ate any form of new permanent use without
available services such as municipal sewer . Each of the following
Record Lots are therefore determined by the City Council to be
unbuildable and may not have structures or buildings erected thereon
unless a variance to this section shall he issued by the City Council .
However , One-Family Seasonal Recreational Use without structures
pursuant to Section 34 . 3.5? (bl shall be permitted subject to strict
compliance with all on-site sewage treatment performance standard
requirements for the RS District. Record Lots are identified by
Record Lo� Numberandeachincludesall property identified thereafter
by the listed tax parcel property identification numbers . "SR" means
Seasonal Recreational Use without structures:
Record Tax Parcels in Combined Exist.
Lot No . Location Common Ownership ' Dry Acre . Use
y3) Big Island 23-117-23 23 Q��4 Q, 35 SR
64) Big Island 23-117-23 22 001�1 0 . 34 CUP-
0p11 Park
h5) Big Island 23-117-23 32 0016
PJp17 0. 26 SR
6�) Big Island 22-117-23 24 00�4 0 . 25 SR
67) Big Island 22-117-23 31 002� _ 0. 21 SR
ti8) Big Island 23-117-23 32 P1018 � P1 . 18 SR
5g) Big Island 23-117-23 31 0020 0. 18 SR
h) RS: Substandard-Unbuildable Record Lot Exception.
Any new Record Lotresu ting from uture combinat- ion for ownership and
tax purposes of any two or more adjacent Record Lots listed in 34 . 366
(g) above with each other and/or with another vacant or undeveloped
Record Lot, which total dry-buildable acreage meets or exceeds one-
half (Q . 5) acre will be granted an automatic lot area vari.ance and will
be recognized by the City Council as a buildable lot as if it had been
listed under Section 34 . 3h5 (f) . Each such new Record Lot may be used
for one-family seasonal recreational use without structures, or for a
single permitted seasonal dwelling without further City Council
action or review, subject to strict compliance with all setback ,
hardcover , on-site sewage treatment and other performance standards
for development in the RS District , including tax parcel combination
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purusant to Section 34. 3Gh (b) .
34. 367. RS: Lot Width Requirements. Within any "RS" 'Seasonal
Recreational District , no new .lot or parcel shall be created less than
2P10 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. '
34. 368. RS: Yard anc3 Setback Requirements. Within any "RS"
Seasonal Recrea ional District, the following yard and setback
requirements shall be observed for all new structures and for any
addition or alteration to any existing structure, whether temporary,
seasonal or permanent :
a) Minimum setback from lakeshore; all structures
including decks , fences , retaining walls , wells ,on-site
sewage treatment systems and land alteration of any kind :
75 feet.
b) Minimum setback from designated wetlands:
1) Wells and sewage treatment systems: 75 feet.
2) All structures, land alteration, or hardcover of
any kind : 2ti feet.
c) Minimum setbackfrom platted street rights-of-way, all
structures: 391 feet.
d) Minimum setback from internal side or rear property
line :
1) All structures on lots 200J feet or more in width: 50
feet
2) All structures on existing Record Lots 1001 feet or
more in width but less than 200 feet in width: 39 feet.
3) All structures on existing Record Lots less than
lA0 feet in width: 10 feet.
e) Minimum setback any building to any other : 1H feet.
34.369. RS:Lakeshore Hard Cover Requlations. Within 75 feet of any
shoreline t ere 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� hard cover . Wi thin 250 to 500 feet of the
shoreline there shall be no greater than 3�J$ hard cover. Within 50J0 to
1A00 feet of the shoreline there shall be no greater than 35$ hard
cover .
-19-
34. 370. RS: Building Height. Within any "RS" Seasonal ReGre-
ational District ,no structure or building shall exceed 2-1/2 stories
or 30 feet in height except as provided in Section 38.900�.
34 .3?1. RS: Building Construction Standards. Within any "RS"
Seasonal Recreational District, al.l 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 of Minnesota Uniform Building Code as
adopted and from time-to-time amended by the City, and with the
following regulations :
a) Foundations Required. All new or remodeled 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 .
b) Minimum Dwelling Area Required . All new or remodeled
dwellings or habitable buildings shall meet or exceed the following
minimum square footage of �nclosed floor area on the main floor :
1) Tents , screenhouses or other permitted accessory
structures : no minimum area required .
2) Seasonal dwellings or guest cabins: 40�J square
feet.
3) Principal dwellings: 8Q0 square feet.
c) Minimum Dwelling Width Required. All new orremodeled
dwellings or habitab el buildings shall be at least twenty (20) feet in
width at the narrowest dimension.
d) Minimum Roof Requirements. All new or remodeled
dwellings , buildings or structures of any kind shall be provided with
a fire-retardant roof covering having a Class A or B rating , including
treated but not untreated wood shakes or shingles, or Class C mineral
surfaced asphalt shingleslaid asrequired in the State Building Code.
All new dwellings shall have a sloped roof of at least 3: 12 pitch.
e) Minimum Plumbing Requirements. All new or remodeled
seasonal dwell ings over 8fdA square feet in floor area, all guest cabins
over ti00 square feet in floor area, and all principal dwellings shall be
provided with indoor plumbing consisting of at least one water closet,
one lavatory, and one kitchen sink, all connected to an approved on-
sitesewage treatment system conforming tothe requirementsof Section
34. 372.
f) Additional Fire Protection System Requirements.
Becauseof thelackof available publicfire protection services, each
property owner shall be required to provide additional private fire
protection and life safety systems as follows :
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1) Fire resistive roof coverings as required by 34. 371 (d} ..
2) All temporary, seasonal or principal dwellings and
quest cabins, except tents, having bedrooms or used as
sleeping quarters shall be provided with approved smoke
detection devices conforming to State Building Code
specification and location requirements.
3) Every habitable building or structure shall be provided
with at least one approved fire extinguisher labeled for
Class A, B & C hazards and the minimum extinguisher size
shall be 1A10BC.
4) Every principal dwelling shall be provided with
additional fire extinguishing equipment, such as a well ,
pumpand domestic hoseline; a residential-design automatic
fire sprinkler system; or other means of fire suppression
equipment as may be approved by the City Council .
5) Every non-residential building having an occupant load
of SPJ persons or more shall be provided with an automatic
fire sprinkler system conforming to NFPA Standard No. 13,
current edition, orwith otherfireextinquishing equipment
as may be approved by the City Council .
6) The owner of any building or structure existing and in
use, including seasonal use , as of the effective date of
this ordinance, shall have a period of two (2) years not to
extend later than January 1 , 1985, to comply with the
provisions of subsections (2) and (3) above, and a period of
five (5) years not to extend later than January 1 , 1988, to
comply with the provisions of subsections (4) and (5) above,
except that if any addition, alteration or repair is
undertaken on such building or structure prior to the above
compliance dates then compliance shall be required as a
condition of permit issuance for such work.
g) Additional Building Security Requirements. Because
of the remote location of the islands, each property owner shall be
responsible for providing additional private security measures for
persons and property as follows:
1) Telephone service shall be provided at each
principal dwelling , at Day Use Recreation Areas, and at
Overnight Camps.
2) All buildings or structures shall be provided with
substantial locking devices on all doors and windows.
3) Owners of seasonal dwellings or other buildings are
encouraged , but not required , to place solid lockable
-21-
shutters over all ground-floor windows and doors when
the building is to be unused for any length of time , and
especially over the winter months.
4) Any abandoned or hazardous building shall be
securely boarded-up within h0 days and shall be razed
and completely removed within one (1) year of any notice
issued by the City Building Official .
5) Any intrusion alarm system having an audible alarm
shall be self-resetting .
34. 372. RS: On-Site Sewage Treatment Systems. Within any "RS"
Seasonal Recreational District, all lots, properties, buildings and
structures shall be provided with on-site sewage treatment systems
conforming to the requirements of Orono Municipal Code Section 22. 01
et seq (Cityof Orono On-Site Sewage Treatment Code, Ordinance No. 210,
as amended) , as amended by the following specific exceptions and
requirements pertaining to the RS District : .
a) Systems not Required . Vacant property or property
used solely for one-family seasonal recreational use of land without
structures, or withaccessorystructuresonly, as permitted by Section
34.352 (b) , need not be provided with an on-site sewage treatment
system provided that at anytime such property is actually in use by one
or more persons for over-night or longer stays that an approved marine
toilet or portable holding-tank toilet shall be available on the
property or within a watercraft docked or moored at the property.
b) Outhouses Permitted . Not withstanding any pro-
hibition in the On-Site Sewage Treatment Code, outhouses or pit-type
toilets may be used on property in the "RS" District subject to the
following restrictions:
1) Outhouses may be used only on property used for :
a) Seasonal dwellings of less than 800 square feet in
floor area pursuant to Section 34. 362 (a) .
b) Seasonal Recreational use of land without
structures, or with accessory structures only,
pursuant to Section 34.362 (b) .
c) Any other permitted or conditional use only upon
approval of a variance issued by the City Council .
2) Outhouses shall be dry with no water plumbed-in.
3) Outhouses shall be constructed in accordance with
Minnesota Pollution Control Agency specifications and
shall be set over a curbed pit of at least 50 cubic feet
capacity.
4) Sealed vault-type outhouses shall not be permitted
because pump-out and sanitary disposal is unfeasible .
-22-
�
5) Outhouses shall be located at least 75 feet from any
lakeshore, wetland , or water well , and at an elevation such
that the bottom of the pit is at least five (5) feet above the
level of the lakeshore and/or the level of any adjacent
wetland or drainageway.
5) Existing outhouses not conforming to any or all of the
above requirements shall be abandoned , filled-in and the
superstructure removed within five (5) years of the
adoption of this ordinance, not to be Iater than January 1 ,
1988.
7) No person shall construct, install or relocate an
outhouse without first obtaining a permit from the City
pursuant to Section 22. 3PJ Subd . 4, except that outhouse
permits may be issued to the property owner as well as to
licensed contractors. Permit applications shall specify
location, setbacks , pit desiqn and pit elevation above the
water table. All work on outhouses including con-
struction, installation, alteration or relocation shall be
subject to inspection and approval by the City Building
Official or On-Site Manager to insure compliance with the
requirements setforth herein, includinq without limita-
tion properdesign, construction, sanitary setbacks , depth
to water table and soil types.
c) Alternative Waste Treatment Devices are permitted in
lieu of an outhouse on any property where outhouses are permitted
pursuant to Subsection (b) above, or where otherwise necessary to
provide toilet waste disposal for an existing dwelling where a
conforming outhouse or on-site sewaqe treatment system cannot be
installed . Such devices shall include incinerating devices ,
composting devices or small portable holding-tank toilets which are
carried to the mainland for disposal in a sanitary sewer system.
Alternative systems shall be subject to review and approval by the City
Engineer or On-Site Systems Manaqer .
d) On-Site Sewage Treatments Systems Required. A
complete on-sitesewagetreatmentsystem 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 prqperties in the "RS" District as
follows:
1) Serving all struc�ures contuining a principal
dwellinq pursuant to Section 34.363 (a) .
, 2) Serving all properties containing two (2) or more
dwellings pursuanttoa private guestcabinconditional
use permit, Section 34. �63 (b) .
3) Serving all sA?sonal �welliriqs over 8�1�1 square feet
in floor area .
-23-
s
4) Serving all dwellings, buildings or structures
containing a water-activatec� toilet regardless of the
type or duration of use or occupancy. '
5) Any dwelling , building or structure having running
water plumbed inside to any sink, lavatory, tub,
shower , or anyother plumbing fixture , but not a toilet ,
shall have a conforming grey-water disposal system
including a septic tank and drainfield connected to
such fixture drain (s) .
5) Any existing dwelling , building , or structure
required by one or more of the above subsections to be
connected to an on-site sewage treatment system, but
which is not so connected as of the effective date of
this ordinance, or which has an existinq system that
does not conform to minimum setbacks or other
requirements of this section, shall have a new
conforming on-site sewage treatment system installed
on or before January 1 , 1988.
7) All provisions of the On-Site Sewage Treatment Code
shall apply to on-site sewage treatment in the "RS"
District , including without limitation the require-
ment for construction permits, construction
inspection, and regular maintenance inspections,
including payment of the standard annual service
charge.
e) Owner' s Responsibility. It shall be the responsi-
bility 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 Section and Ordinance No .
210; 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 non-conforming , mislocated , orfailing devicesor systems
shall be found by the City because of complaint and/or routine
inspection, correction orders shall be issued by the Building Official
or On-Site Manager requiring repair , alteration or replacement in
strict accordance with the requirements of this Section. Failure of
any owner to obey such a lawful order shall be cause of the City to
initiatelegal actionsincluding condemnation of all occupancy of the
property pursuant to Minnesota Statutes 463 . 15 et seq.
34.373. RS: Garbage Removal and Sanitation. within any "RS"
Seasonal Recreati na�Dist—r ct, 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:
-24-
,
. �
a) It shall be unlawful , a violation of this code and a
misdemeanor for any person to discard , dump, bury, deposit , drop,
leave, or a11ow to remain any garbage , refuse, rubbish , junk , old
machinery, inoperable or dismantled motor vehicle , partsordebris on
any property in any "RS" District .
b) It shall be unlawful , a violation of this code and a
misdemeanor for any person to burn anygarbage , 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.
34. 3�4 RS: Open Burning Prohibited. it shall be unlawful , a
violation of this code and a misdemeanor for any person to start or
allow to burn any open fire on any property within any "RS" District
without a permit , except for supervised camp or cooking fires
containe�i within approved firerings, pits, or barbeque grills.
34.375: RS: Tree Removal Regulations. No trees within 75 feet of
the shorel ni e with a dia ter of six (6) inches or more shall be removed
without first obtaining a permit from the City Council .
34. 376. RS: Non-Conforming Uses. No new use of land or structures
shall be permitted in the RS District except in compliance with this
ordinance. All existing uses of land or structures which may be made
non-conforming by adoption of this ordinance shall be discontinued
and/or made to be in full compliance with all use and performance
standard requirements of this ordinance within a period of seven (7)
years from the date of adoption, not to extend later than January 1,
1990.
Exception: Upon notice of Record Lot classification
pursuant to Section 34. .36� (a) and within six months of the
effective date of this ordinance , any Record Lot owner may
apply to the City Council with no application fee required
for a variance to this Section to allow continued non-
conforming use , subject to reasonable standards and
timetables, established by the City Council forcompliance
with on-site sewage treatment, private security, private
fire protection and other performance standard
requirements established by this ordinance. The
applicant shall demonstrate and the City Council shall find
that the use is and was legally existing as of November 9,
1981 , the effective date of moratorium Ordinance No . 238.
Failure to apply for such a variance within the time allowed
shall be prima facie evidence that such a non-conforminq use
was either illegal or did not lawfully exist on that date .
34. 377. RS: Non-Conforming Substandard Properties. Restrict-
ions applying to non-conforming 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 ordinance :
-25-
. j
a) Record Lots which are less than 2. 0 acres in dry-
buildable lot area and/or less than 20� feet in lot width became
substandard lots on January 1, 1975, the effective date of �rdinance
No . 172.
b) 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 lotson the effectivedate of thisordinance.
c) Substandard Record Lots may be used or developed
pursuant to Section 34. 3h6 (f) and (g) .
34. 378 . RS: Non-Conforming Substandard Buildings or Structures.
Restrictions applying to non-conforming 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 ordinance. Existing buildings not conforming
to the required minimum setbacks may continue to be used , repaired or
maintained within the existinq building envelope. These buildingsmay
be enlarged vertically or horizontally within the required yard area
without requiring a City Council approved setback variance, provided :
a) The addition conforms to all required setbacks , even if
parts of the existing building do not; or
b) The addition extends an existing building line by not
more than 20 feet and does not further encroach or reduce any required
setback dimension less than already exists; and
c) 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.
d) There shall be no setback exceptions permitted for
addition to or enlargement of any accessory building or structure.
e) There shall be no setback exceptions permitted that
reduce any required setback to less than 10 feet.
f) There shall be no setback exceptions permitted for any
horizontal building addition or hardcover increase of any kind within
75 feet of the shoreline or within 25 feet of any wetland .
q) There shall be no setback exceptions permitted without
a City Council approved variance in cases where any existing building
is beinq replaced by a new building , or where the proposed addition,
remodeling and/or renovation work constitutes 5Q percent or more of
theassessor' sfairmarket value for the existing buildinq . In these
situations , the new work shall conform to all required setbacks.
h) Theexceptions authorized by this Sectionapplyonly to
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A r
setback requirements and do not authorize variance of any lot area ,
hardcover , building height , building area or any other zoninq or
building code performance standard .
34. 379. Future Amendments . The RS District regulations adopted by
this ordinance represent an innovative attempt to solve the unique
problems relating 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 ordinance 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
ordinance may have to be modified. Therefore, no new development
rights granted by this ordinance shall be deemed to be vested property
rights but shall remain subject to future modification by the City.
Section 3: Official Zoning Map Change. Upon adoption of this
ord ance, the official Zo ng Map of Orono shall be amended by
rezoning all lands heretofore designated as in the LR-lA-1 Zoning
District to the new RS Seasonal Recreational District designation,
which land is legally described as follows :
1) All land within the City of Orono located within
Sections 14, 22, & 23, Township 117, Range 23, Hennepin
County, known as "Big Island" and "Mahpiyata Island" ;
and
2.1 All land within the City of �rono loeatec3 coithin the
i1c^, 1/� of the S'rJ 1/4, and the NW 1/4 of the S� 1/�! �f
Section 18, Township 117, Range 23, Hennepin County,
known as "Deering Island" .
Section 4: Repeal of Moratorium. Upon adoption of this Ordinance,
Ordinance No. 238 , "An ordinance establishing a moratorium on the
granting of building permits, land subdivision, rezoning
applications, conditional or special use permits , variances or other
authority for additional development on Biq Island , Mahpiyata Island
or Deering Island" , and Ordinance No. 241 , "Extending the duration of
Ordinance No . 238" , are hereby repealed in their entirety.
Section 5: Adoption and Publication. This ordinance shall be
e ective upon adop oit n, and a short summary shall be published in the
Lake Minnetonka Sun Newspaper .
Adopted by the City Council of the City of Orono on this ��day of
�i„��,,,.,,�,� 1982, by a vote of �_ayes and Q nays.
�
William B. Van Nest, Mayor
Attest : �. �!�� .
Alberta M. Strom, City Clerk
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� �
�.
CITY OF ORONO
ORDINANCE NO. 246 ,
SUMMARY PUBLICATION
On December 30, 1982 _, the Orono City Council by a
vote of 4 ayes and 0 nays adopted revised zoning
regulations for properties located on the three Lake Minnetonka
Islands within Orono. The City Council has determined that
publication of the title of the ordinance and the following
summary of the ordinance will clearly inform the public of
the intent and effect of the ordinance, and is deemed to
fulfill all legal requirements for ordinance publication.
A printed copy of the complete text of the ordinance is on
file at the office of the Orono City Clerk, 1335 South Brown
Road, and is available for inspection by any person during
normal office hours .
ORDINANCE NO. 246
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO
BY CHANGING THE ZONING DISTRICT DESIGNATION AND
PERFORMANCE STANDARDS APPLIED TO BIG ISLAND,
MAHPIYATA ISLAND AND DEERING ISLAND.
SECTION 1: This section of the ordinance amends the existing
Zoning Code of the City by deleting the LR-lA-1 One Family
Lakeshore Residential Subdistrict and by replacing it with
the new RS Seasonal Recreational Zoning District.
SECTION 2: This section of the ordinance establishes the
performance standards and regulations that govern all land
use and development in the RS Seasonal Recreational District:
34.361. The purpose of RS District is to implement the
special comprehensive planning policies developed for Big
Island, Mahpiyata Island and Deering Island. Provision of
normal municipal services to the islands is difficult, costly
or impossible. Therefore special regulations are necessary
to insure public health and safety. These include limitations
on land use types and densities, and special performance
standards for fire protection, security, sanitation, and
on-site sewer and water systems.
34. 362. Permitted land use types in the RS District are:
a) single family dwellings used seasonally for not more
�. .
Page 2
than 180 days in any one year; b) single family recreational
use of land without a dwelling; and c) nublicly-owned and
operated day-use parks , nature areas or wildlife preserves .
34. 363. Land use types allowed in the RS District by Conditional
Use Permit are: a) sin�le family dwellings used for more than
180 days a year; b) private quest cabins in addition to the main
dwelling on any lot ; c) day-use recreation areas owned by nrivate
clubs , groups or assiciations ; d) overnight camps ; e) planned
residential development subdivisions limited to 20 acres or more
in size; and f) keeping of domestic farm-type animals. A11
Conditional Uses are subject to City Council review and approval
based upon specified performance standards .
34. 364. This section lists accessory uses allowed on l.and
occupied by any permitted or conditional use .
34 .365 . This section regulates the private use of public lands
including platted rights of way requiring a license for any person
to grade, fill or excavate such 1and; or to erect a dock or any
other physical imurovement on such land. Licenses are not required
for adjacent property owners to control weeds or brush, sod, seed,
mow or otherwise maintain such land in a neat and presentable manner.
34. 366 . This section establishes a minimum dry-buildable lot area
of five acres for any new land divisions on the islands . It further
defines and identif ies each existing record lot on the islands and
lists each record 1ot as : a) subdividable: b) buildable in confor-
mance with this ordinance ; c) substandard in 1ot area but buildable
without need for further City Council review; or d) vacant property
that is unbui�dable as it stands because of extremely sma11 size.
All properties currently containing a cabin are listed as buildable.
Additional provisions regulate future subdivision of these record�
lots , and require formal combination o� separate tax parcels prior
to issuance of any building permit , variance or conditional use permit ,
34 . 367. This section continues the existing minimum lot width
requirement of 200 feet.
34. 368 . This section vrovides for minimum setbacks from lakeshore,
wetlands, property lines and between buil,dings.
34.369. This section continues the existing maximum hardcover
regulations within 1000 �eet of the shoreline,
34.370. This section continues the existing maximum building
height regulations .
34.371 . This section provides �or minimun building construction
standards including foundations , minimum �loor area requirements ,
minimum roof requirements , minimum vlumbing requirements, special
security requirements and special fire protection requirements .
All dwellings are required to have an approved smoke detection
device installed within 2 years , All dwellings used for more than
180 days per year are required to have some form of manual or
automatic fire extinguishin� equipment available within 5 years .
• Page 3
All non-residential buildings which have an occupant load of
50 persons or more are required to have an approved automatic
fire sprinkler system, or equivalent , installed within 5 years .
At least one fire extin�uisher is required in every habitable
building includin� a11 dwellings .
34 . 372 . This section establishes special requirements to insure
adequate on-site sewage treatment on the islands based upon the
level of actual use. Dry pit-type but not vault-type outhouses
and innovative alternative waste treatment devises are allowed
under certain circumstances . Standard septic-tank and drain-
field systems are required for most nroperties ,
34.373. This section requires property owners to remove all
rubbish, junk and debris from their property, requires that
all garbage be Aacked-off the islands for mainland disposal ,
and prohibits the burving or burning of any garbage, refuse,
rubbish or debris.
34 . 374 . This section continues the existing prohibitions
against open burning without a permit , except for cam� fires
or cookin� f ires .
34 . 375 . This section continues the existing prohibitions
against cutting of 6" or larger trees within 75 feet of the
shoreline.
34 . 376 . This section provides for a period of l years within
which time all non-conforming l.and uses must be made fully con-
forming to the use and per�ormance standard requirements of
this ordinance, unless within 6 months of ordinance adoption
the landowner applys for a variance to a11ow the use to continue
and to establish� a timetable for compliance with on-site sewa�e
treatment , security, fire protection and other per�ormance
standards . Failure to apply for the variance will be prima
facie evidence that the use did not l.awfully exist as of November
9, 1981.
34 .377. This section states that regulations applying to non-
conforming uses are not intended to app7.y to substandard lots
of record based on lot size alone.
34. 378. This section provides special exceptions and standards
allowing the continued use, maintenance and enlargement of
existing buildings even if they should not meet a11 of the
required setback dimensions . �
34 . 379. This section reserves to the City the ri�ht to make
future amendments to the ordinance, including the right to
modify or limit any new development potential which may have
been �ranted by this ordinance,
SECTION 3: This section of the ordinance amends the Official
Zoning Map of the City by changing all lands on Big Isl.and,
Mahpiyata Island and Deerinp, Island from the LR--lA-1 Zoning
District to the RS Zoning District , and includes the 1ega1
descriptions of such land.
' ` � t Page 4
SECTION 4 : This section of the ordinance repeals Ordinance
No. 238 and Ordinance 241, the development moratorium placed
on the islands on November 9 , 1981.
SECTION 5 : This section of the ordinance adopts the ordinance,
makes the ordinance effective on the date of adoption, and provides
for the publication of this summary of the ordinance.
/s/ William B. VanNest , Mayor Attest : Alberta M. Strom, City Clerk
.
ORDINANCE No. 247
AN ORDINANCE AMENDING CHAPTER 81 OF
THE ORONO MUNICIPAL CODE RELATING TO
ISSUANCE OF BURNING PERMITS
The City Council of Orono Ordains:
Section 1
Chapter 81 of the Orono Municipal Code is hereby
amended by adding Section 81.030, 81.031 and 81.�J32
as follows:
Section 81.030J - Open Burning Prohibited
It shall be unlawful , a violation of this ordinance and a misdemeanor
for any person to start or allow to burn any open fire on any property
within the City of Orono without a permit, except for supervised
recreational or cooking fires contained within approved fire rings,
pits or barbacue grills.
Any person, persons , firm or corporation who shall fail to comply with
any order given under the terms of this ordinance, or who shall in
anyway violate any of the provisions or requirements of this
ordinance, shall be quilty of a misdemeanor and, upon conviction
thereof shall be punished by a fine not to exceed $500. 00 or by
imprisonment for not to exceed 90 days, or both.
81.031 Rules Adopted By Reference
Chapter Eight, State of Minnesota Air Pollution Control Rules Current
Edition as amended May 13, 1976 is hereby adopted by reference and is
made a part of this ordinance as if fully setforth herein, three copies
are on file with the City Clerk in the City of Orono . Any violation of
the Chapter herein adopted by reference is a violation of this
Ordinance.
81.032 Person Designated To Issue Permits
The City Building Official and/or the City Public Works Coordinator
are hereby authorized to issue permits under this ordinance, and may
establish reasonable permit conditions for open burning consistent
with the rules adopted herein. The siqnature of either official is
necessary for a permit to be issued. �
Section 2
This Ordinance shall be published in the Lake
Minnetonka Sun and shall be effective upon
publication.
�
� �
Adopted by the City Council this January 10 , 1983 , a vote of 5
ayes and � nays.
- x c
Wlary C. But , Mayor
-�l'_�/���.�v���
Alberta M. Strom, City Clerk
1? � ♦
ORDINANCE No. 248
AN ORDINANCE AMENDING CfIAPTERS 40 AND 42 OF
THE MUNICIPAL CODE OF ORONO RELATING TO
INTOkICATING AND NOh-INTOXICATING
MALT LIQUOR LICENSES
The City Council of Orono Ordains:
Section 1
Chapter 40 of the Municipal Code of the City of Orono,
Sections 40 .020, 40 .025 and 40 .030 are amended to read
as follows:
40 .020 - Location and Operation
(a ) The municipal liquor store shall be located at such suitable
place in the City as the Council determines by motion. However ,
no premises upon which taxes or other public levies are 6elinquent
shall be leased for municipal liquor store purposes.
(b) The municipal liquor store shall be in the immediate charge
of a liquor store manager selected by the Council and compensated
as determined by Council. The liquor store manager shall furnish
a surety bond in a sum to be specified by the Council, conditioned
upon the faithful discharge of his duties. The bond premium may
be paid by the manager or the City, at the discretion of the
City. The manager shall operate the municipal liquor store under
Council direction and shall be responsible to the Council for the
conduct of the store, which conducr shall be in full compliance
with this Chapter and the statutory regulations relating to the
sale cf intoxicating and non-intoxicating malt liquor . The
Council may appoint , at its discretion, additional employees to
work in the nunicipal liquor store at a fixed compensation
determined by the Council . Such additional employees may be
required by the Council to furnish surety bonds conditioned upon
the faithful discharge of their duties, in sums to be specified by
the Council. Minors shall not be allowed to work in the municipal
liquor store. All employees of the municipal liquor store,
including the manager, shall hold their positions at the pleasure
of the Council.
. • .
(c) The Ccuncil shall obtain and the City shall pay for liability
insurance for the municipal liquor store in the amounts required
by law for off-sale intoxicating and non-into�icating malt liqucr
licenses.
40.025 - Municipal Liquor Store Fund
(a ) A municipal liquor store fund is hereby created in which all
revenues from the operation of the municipal liquor store shall be
deposited and from which all ordinary operating expenses shall be
paid; said monies shall be kept separate from the general fund .
Any amounts needed to be borrowed from the City's general fund for
initial costs of rent, fixtures and stock or for operating
expenses shall be reimbursed to the general fund out of the first
available monies coming into the municipal liquor store fund
thereafter . Surpluses accumulating in the municipal liquor stcre
fund may be transferred to the general fund or to any other
appropriate fund of the City, by resolution of the Council and ma�
be expended for any municipal purpose .
(b) The handling of municipal liquor store receipts and
disbursements shall comply with the procedure prescribed by law
for the receipts and dishursements of municipal funds generally.
(c) The City Council shall provide, as soon as possible following
the close of each fiscal year, for an audit of the accounts of the
municipal liquor store for that fiscal year by the public examiner
or a qualified public accountant .
40 .030 - License Required
No person, except wholesalers or manufacturers, to the extent
authorized under state license shall directly ar indireetly deal
in, sell or keep for sale any intoxicating liquor without first
having received a license to do so as hereinafter provided. All
persons licensed to sell intoxicating or non-intoxicating malt
liquor , including food retailers, and holders of on-sale wine
licenses must show proof of insurance through a policy, bond or
cash deposit with the State Treasurer in minimum amounts required
by statute. The exceptions to this insurance requirement are
those establishments licensed to sell non-intoxicating malt liquor
or those holding on-sale wine licenses where sales of
non-intoxicating malt liquor or wine is less than �10,000 per
year. "On sale" and "Sunday sale" licenses shall be issued only
to hotels and restaurants. No more than three "on sale" licenses
may be issued in the City. Licenses shall be of three kinds: "On
sale• , "Sunday sale" and "On-Sale Wine ."
-2-
.. rw.�
. Section 2
The Municipal Code of the City of Orono, Chapter 40,
Section 40 .046 is amended by adding Section 40 .046 (f )
to read as follows:
(f ) No license shall be issued to an applicant who does not have
the proper insurance coverage as outlined in Sections 40.070 and
40.075 of this Code.
Section 3
Chapter 40 of the Municipal Code of the City of Orono,
Section 40 .050 is deleted . Section 40 .055 is
renumbered as Section 40.050 .
Section 4
Chapter 40 of the Municipal Code of the City of Orono,
Section 40.075 (c) is deleted. Section 40 .075 (d) is
renumbered as Section 40 .075 (c) .
Section 5
Chapter 42 of the Municipal Code of the City of Orono,
Sections 42 .030 and 42 .040 is amended to read as
follows:
42.030 - Purchases by Minors
No person under 19 years of age shall purchase, procure, or
consume any intoxicating or non-intoxicating malt liquor . A
person under 19 years of age may not consume any non-intoxicating
malt liquor unless in the company of that person's parent or
guardian.
42.040 - Possession by Minors
No person under the age of 19 years of age shall have in his
possession any intoxicating or non-intoxicating malt liquor with
intent to consume the same at a place other than the household of
his parent or guardian.
-3-
J � ►
Section 6
This Ordinance shall be published in the Lake
Minnetonka Sun and shall be effective upon publication.
Adopted by the City Council this Feb. 28 , 1983 by a vote
of 4 ayes and � nays.
Mar C. Bu er, Mayor
Thomas Frahm, Acting Mayor
�����, ����
Alberta M. Strom, City Clerk
2037j
-4-
ORDINANCE NO. 249
AN ORDINANCE AMENDING THE MUNICIPAL
CODE OF ORONO BY REZONING
TRACTS A & B, REGISTERED LAND SURVEY NO. 1422
The City Council of Orono Ordains:
Section 1. The municipal Code of Orono is hereby amended
by amending the official Zoning Map and Zoning Use District
Boundaries for property legally described as Tracts A and B,
Registered Land Survey No. 1422 are hereby rezoned from
B-3, Shopping Center District, to B-1, Retail Sales Business
District
Section 2 . This ordinance shall be published in the Lake
Minnetonka Sun and shall be effective upon publication.
Adopted by the City Council of Orono, Minnesota, at a regular
meeting held on the 25th day of April, 1983 .
-�_�G2%.-�i d/7 � _
City Clerk Mayor
Published in the Lake Minnetonka Sun on the 4 day of
May . 1983.
ORDINANCE NO. 250
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF .
ORONO BY LISTING THE LEGAL DESCRIPTIONS OF
CERTAIN PROPERTIES IN THE CITY REZONED FROM
LR-lA TO B-2
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS AS FOLLOWS:
Section 1. The Municipal Code of Orono is hereby amended by
amending the Official Zoning Map and Zoning Use District Boundaries
for all of that part of the following described properties lying east
of the travelled right of way of County Road 15 within Government
Lot l, Section 11, Township 117, Range 23 hereby rezoned from the
LR-lA One Family Lakeshore Residential District to B-2 Lakeshore
Commercial Zoning District:
A.
That part of Government Lot 1, Section 11, Township 117, Range 23
described as commencing at the meander corner on the North line
of said Government Lot 1; thence South 10° East (assuming the North
line of said Government Lot 1 as bearing East) a distance of 585.84
feet to the point of beginning of the land to be described; thence
continuing South 10° East a distance of 61.39 feet; thence North b7°48`
East to the shore of Lake �innetonka; thence Northwesterly along said
� shore line to the intersection with a line bearing North 67°48' East
£rom the point of beginning; thence South 67°48' West to the point
of beginning, according to the Government Survey thereof, EXCEPT
that part thereof lying Westerly of the Easterly right-of-way line
of Hennepin County State Aid Highway No. 15, Plat 51, as delineated
in Do�ument No. 1457512 recorded in the office of the Registrar of
Titles.
B.
That part of Government Lot 1, Section 11, Township 117 North,
Range 23 West of the Sth Principal Meridian, described as follows:
Commencing at the meander corner on the North line of said Government
Lot 1; thence South 10° East (assuming the North line of said
Government Lot 1 as bearing East) a distance of 647.23 feet to a
point hereinafter referred to as "Point A"; thence continuing South
10° East a distance of 117.65 feet to the actual point of beginning;
thence South 67°48' West to the shore of Tanager Lake (formerly Mud
Lake); thence Northerly along said shore to a line bearing South
67°48' West from said _"Pnint A"; thence North 67°48' East to the '
shore of Lake Minnetonka; thence Southerly along the shore of Lake
Minnetonka to a line bearing North 67°48'. East from the actual point
of beginning; thence South 67°48' West to the actual point of
beginning, EXCEPT that part thereof lying Westerly of the Easterly
right-of-way line of Hennepin County State Aid Highway No. 15,
plat 51, as delineated in Document No. 4701348 recorded in the
office of the County Recorder.
Section 2. This ordinance shall be published in the Lake
Minnetonka Sun and shall be effective upon publication.
Adopted by �the City Council of the City of Orono on the ��
day of July , 1983.
.��...... ��������r. , � �N��a� �,�yD.z
Alberta M. Strom, City Clerk Mary C. tler, Mayor
Thomas Frahm, Acting Mayor -
. ♦ 't � ,
� , �I
ORDINANCE N0. 251
AN ORDINANCE ADOPTING THE 1983 EDITION
OF THE MINNESOTA STATE BUILDING CODE
THE CITY COUNCIL OF ORONO ORDAINS :
SECTION 1. Ordinance No . 233 and the Municipal Code of Orono are
hereby amended by amending Sections 7_0 . 01Q and 2fd . G120 to read as
follows :
24� . 01�1 . Buildinq Code Adopted . The Minnesota State Building Code
(SBC) established pursuant to Minnesota Statutes 15. 83 through
1S .8ti9 , is hereby adopted as the building code for the City of Orono and
is hereby adopted by reference and incorporated as if completely set
out herein. One copy of said building code shall be marked OFFICIAL
COPY, shall be kept on file in the office of the City Clerk and shall be
open to inspection and use by the public .
20 . H24� Current Edition. The building code adopted herein shall mean
the 1980 Edition of the State Building Code (SBC) as amended by rules
published and adopted in the State Register dated 2/21/83 , including
the following codes , appendicie , standards and supplemental
� material , all of which are hereby incorporated herein as if fully
setout herein :
A. ].982 Edition of the Uniform Building Code , identified as "UBC" ;
B. 1981 EditionoftheNational ElectricalCode , identified as "NEC" ;
C. 1978 American National Standard Safety Code for Elevators ,
Dumbwaiters , Escalators and Moving Walks , identified an ANSI A17 . 1 -
1978 and Suppl�ment , ANSI A17 . 1a - 1979; �
D. 1979 Minnesota Plumbing Code, identified as MHD 120 through MHD
135. . ,
E. Flood Proofinq Regulations , June 1972, Office of the Chie� of
Fngineers , U.S. Army.
F. Minnesota Heating , Ventil�t�ing , Air Conditioning and
Refrigeration Code , identified as SBC 7101 through SBC 8505 .
G . Design and Eva��.uation Criteria for Energy Conservation in New
Buildings , Additions and Remodeled Elements of Buildings and
Standards for Certain Existing Public Buildings , identifi�d as 2MCAR
Section 1 . 16G�01 through 2MCAR Section i .l�p�6 , 1978 Edition.
H. State of Minnesota Manufactured (Mobile) Home Rules, 19$2
Edition, identified as 2MCAR 1 .90i0G� through 2MCAR 1 .90906 .
I. Standards of Performance for Solar Energy Systems and Subsystems
Applies to Energy Needs of Buildings , 1977 Edition, identified as
�. 2MCAR 1 . 15101 through ?.MCAR 1 . 151f�8.
. '► �. •
J. Technical Requirements for Fallout Shelters, identified as SBC
,
appendix "A" .
K. Variations in Snow Loads, identified as Minnesota State Building
Code, Appendix "B" .
L. 19�32 Uniform Building Code Appendix Chapter 35, Sound
Transmission Control .
M. Minnesota Plumbing Code Appendix "B" , Definitions.
N. The following optional appendicies are hereby specifically
adopted and included in the building code of Orono as if fully setout
herein :
' (1) 1982 UBC Appendix Chapters :
(a) Ch. 7. Covered Mall Buildings .
(b) Ch . 32. Reroofing .
(2) Minnesota Piumbing Code Appendix Chapters C and D. �
(3) Minnesota State Building Code (SBC) Appendix "E" , Optional
Automatic Fire Suppression Systems , 2 MCRR 1 . 1Ft020.
SECTION 2. Violations and Penalties . The penalty for conviction of
a violation o£ this ordinance including any violation as described in
" UBC Section ?.415 shall be in keeping with Minnesota Statutes 509. 031
which provides for a maximum fine of 5500 . �C� or imprisonment for 9b .
days , or both.
SECTION 3_ Adoption and Publication. This ordinance shall be
effective upon adoption, and a short summary shall be published in the
Lake Minnetonka Sun Newspaper .
Adopted by the City Council of Orono on this 11 day of July ,
1983 , by a vote of 3 ayes and � nays .
-----T
/r(�?i�L
Mary C Butler , Mayor
Thomas Frahm, Acting Mayor-
ATTEST�„i�G�il�.c� �,�_��
Alberta M. Strom, City Clerk
. � '2
. ' , �
C�t� o� ORONO �
RESOLUTION OF THE CITY COUNCIL -
NO. 1504
, �
• � • •
APPROVING
SUMMARY PUBLICATION
OF ORDINANCE N0. 251
WHEREAS, on July 11, 1983 , the Orono City
Council by a vote of 3 ayes and 0 nays adopted Ordinance No .
251 , "An Ordinance Adopting the 1983 Minnesota State Building
Co—de�land
WHEREAS, the Orono City Council has determined that
publication of the title and a summary of the ordinance would clearly
inform the public of the intent and effect of the ordinance ; and .
WHEREAS, the Orono City Council has reviewed the text of the
ordinance summary attached hereto as Exhibit A and finds that it
clearly informs the public of the ordinances' intent and effect.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City
of Orono that the City Clerk shall publish the title of the ordinance
together with the attached summary, with notice that a printed copy o�
the ordinance is available for inspection by any person at the City �
Administrative Office during normal office hours , and that
publication of the title and summary shall be deemed to fulfill all
legal publication requirements as completely as if the entire
ordinance hasbeen published . Proof of publication shall be attached
to and filed with the original ordinance kept in the City Clerk' s
official records .
Approved and adopted by the City Coucnil of the City ot Oronv
on this 11 day of July , 1983; by a vote of 3 ayes
and 0 nays .
����
Mary C. Butler , Mayor
� Thomas Frahm, Acting Mayor
ATTEST:
� ��
Alberta M. Strom, City C er
. . . �
CITY OF ORONO
SUMMARY PUBLICATION
ORDINANCE N0. 251 .
The following is the official 5ummary of Ordinance No,. 251 as
approved by City Council resolution No . 1�04 adopted on
July 11, , 1983 . The City Council has determined that
pu ication o t e title of the ordinance and this summary of the
ordinance will clearly inform the public of the intent and effect of the
ordinance , and is deemed to fulfill all legal requirements for .
ordinance publication . A printed copy o£ the complete text of the
ordinance is on file at the office of the Orono City Clerk , 1335 South
� Brown Ro�d , and is available for inspection by any person during normal
office hours.
ORDINANCE N0. 251 �,
AN ORDINANCE ADOPTING THE
1983 MINNESOTA STATE BUILDING CODE
This ordinance adopts by reference the 1983 Minnesota State Building
Code (SBC) including the 1982 edition of- the Uniform Building Code and � . _
all State amendments to the 198H SBC. This ordinance also adopts SBC
Appendix E, "Optional Automatic Fire Suppression Systems" which will
require installation of fire sprinkler systems in newly constructed
commercial or assembly buildings which because of size may not�
otherwise have had to be sprinkled . This �rdinance updates and � �
replaces the 198a SBC as adopted by Orono in 1980 . �
This summary has been reviewed and approved by : .
�c
Mary . Butler , Mayor
Thomas Frahm, Acting Mayor
1���.�_�'c' �• /�� .
Alberta �1. Strom, City Clerk
�
.�• .
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ORDINANCE N0. 252
AN ORDINANCE AMENDING CHAPTERS 20, 23, 31, 32, 50,
53, 54, 55, 69, 69A, 69B, 69C, 73, 80A, 110, 113 OF
THE ORONO MUNICIPAL CODE RELATING TO MISDEMEANORS .
Section 1 . Sections 20 .040 ( Section 2) , 22 .60 subdivision 2,
23.100B, 31.890, 32.800, 50 .020, 53 .090, 54.600,
55 .400, 69 .140 (d) , 69A.110, 69B .130, 69C.070, 73 .070,
80A.050, 110 .110 , and 113 .U80 are amended to read as
follows:
20.040 Section 2. Violations and Penalties The penalty ,
described in Uniform Building Code, 1982 Edition, Section 205 as
amended, shall be in keeping with Minnesota Statutes Section
609 .033.
22.60 Subdivision 2. Violation and Penalties. Any
violation ox failure to comply with any of the provisions of this
code shall constitute a misdemeanor, with such penalties as stat�d
in Minnesota Statutes Section 609 .034 (1983 supplement) .
23.100(B) Violation and Penalites. Any violation or failuze
to comply with any pzovisions of this Code shall constitute a
misdemeanor, with such penalties as stated in Minnesota Stattztes
Section 609 .034 (1983 supplement) . Each day of violation oz
non-compliance shall constitute a separate offense.
31 .890 Penalties fox Violation. Violation of the provisions
of this Ordinance or failure to comply with any of its
requirements ( including violations of conditions and safeyuazas
established in connection with gzants of variances or conditional
uses) shall constitute a misdemeanor, with such penalties as
stated in Minnesota Statutes Section 609 .034 ( 1983 supplement) .
Each day such violation continues shall be considered a sepax�ate
offense. Nothing herein contained, including the imposition of a
criminal penalty, shall constitute a waivex� of the right of the
City or others to secure abatement of violations by injunction or
other civil legal re�r�edy.
32.800 Violations and Penalties. Any person, firm, or
corporation who shall violate any of the provisions of the Zoning
Code, or who shall fail to comply with any of the provisions
hereof , or who shall make any false statement in any document
required to be submitted under the provisions thezeof, shall be
guilty of a misdemeanor, with such penalties as stated in
Minnesota Statutes Section 609.034 (1983 supplement) . Each day
that a violation continues shall constitute a separate offense.
50.020 Penalty. Any person convicted of a violation of any
of the provisions of Section 50 .010 sha11 be guilty of a
misdemeanor; except for penalties otherwise provided for in the
chaptezs of Minnesota Statutes adopted in Section 50.010 ,
misdemeanox penalties, per Minnesota Statute Section 609 .034 shall
apply.
53.090 Penalty for Violation. Unless otherwise declared in
this chapter with respect to particular offenses, it is a petty
misdemeanor for any person to do any act forbidden or fail to
perform any act zequired by this chapter; except the following
which are misdemeanors, with such penalties as stated in Minnesota
Statutes Section 609 .034 ( 1983 supplement) :
a. Violation which is committed in a manner or undez
circumstances so as to endanger any person or property.
b. A third or su�sequent violation of any of the
provisions of this chapter classified thezein as a
petty misdemeanor, within the immediate preceding
twelve (12) month period .
54.600 Violations. Every person convicted of a violation of
any of the provisions of this Ordinance shall be quilty of a
misdemeanor, with such penalties as stated in Minnesota 5tatutes
Section 609 .034 (1983 supplement ) and the costs of prosecution may
be added .
55.400 Violations. Every pezson convicted of a violation of
any of the provisions of this Ordinance shall be guilty of a
misdemeanor, with such penalties as stated in Minnesota Statutes
Section 609 .034 ( 1983 supplement) and the costs of prosecution may
be added.
69.140(d) . Any person convicted of a violation of any
condition of this ordinance shall be guilty of a misdemeanor, with
such penalties as stated in Minnesota Statutes Section 609.034
(1983 supplement) .
69.110 Violations and Penalties. Any person, firm, or
cozporation who shall violate any of the provisions of the Zoning
Code, or who shall fail to comply with any of the provisions
hereof, or who shall make any false statement in any document
required to be submitted under the provisions theze�f, sha11 be
guilty of a misdemeanor, with such penalties as stated in
Minnesota Statutes Section 609.034 (1983 supplement) . Each day
that a violation continues shall constitute a separate offense.
69�.130 Penalty. Any person, firm or corporation convicted
of violating any of the provisions of this oxdinance shall be
quilty of a misdemeanor, with such penalties as stated in
Minnesota Statutes Section 609 .034 (1983 supplement) the costs of
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. .
prosecution may be added. Each day such violation is committed or
permitted to continue shall constitute a sepazate offense and
shall be punishable as such hereundez.
69C.070 Penalties. Any person violating any provision of
this ordinance shall be guilty af a misdemeanor, with such
penalties as stated in Minnesota Statutes Section 609 .034 (1983
supplement) .
73.070 Inspections. The Council shall appoint a committee
consisting of two Orono Planning Commission and Council members
who shall review all license applications and shall report their
findings to the Planning Commission and Council . This committee
shall be known as th� "Marina Licensing Committze." At least once
a year , the Council shall instxuct the staff and the Marina
Licensing Committee to inspect ali areas where a licens� has been
issued and xeport the findings to the Council . The Council or its
agent may at any time inspect any commercial dock oz wharf . If it
appears that such dock or wharf has not been constructed or is not
being maintained and opezated in accordance with the application
for license, the agzeement executed by the City and applicant, or
with the provisions of this ordinance, then the licensee shall be
informed of such violation in writing by the City Clezk and the
Clerk shall furthex notify the licensee that he has ten days in
which to corzect said violation. If said violation is not
correct�d within said time, the Council shall revoke the license.
Any pezson who shall violate any of the provisions of this
ordinance may be enjoined from further operation and shall be
guilty of a misdemeanor, with such penalties as stated in
Minnesota Statutes Section 609.034 (1983 supplement) . Each day
that a violation exists shall constitute a separate offense and be
punishable as such. Notification under this ordinance shall be
made in writing to the licensee of the dock or wharf at the
address given in the application. Failure to have a valid license
in force shall be pzima facie evidence of a violation of this
ordinance.
80A.050 Penalty. Any pe�son, firm, association, carpozation
or establishment who violates any of the provisions of this
Ordinance sha11 be guilty of a misd�meanor, with such penalties as
stated in Minnesota Statutes Section 609 .034 (1983 supplement) .
110 .110 Violations. Every pezson convicted of a violation
of any of the provisions of this Ordinance shall be guilty of a
misdemeanor, with such penalties as stated in Minnesota Statutes
Section 609.034 (1983 supplement) and the costs of prosecution may
be added.
113 .070 Enforcement and Penalties. Failure or omission to
comply with any section of this oxdinance shall constitute a
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. . �
misdemeanor , with stzch penalties as stated in Minnesota Statutes
Section E09.034 (1983 supplement) .
Section 2. This ordinance shall take effect as of the date of its
publication.
Passed by the City Council this 14 day of November �
1983, by a vote of 5 ayes and 0 nays.
Mary C. er, Mayor
Attest:
�./����.���..�
Alberta Strom, City Clerk
3165j
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ORDINANCE NO. 252
AN�ENDING THE ORONU NIUNICIPAL CCDE RELATING TO
MISD EMEANORS
WHEREAS, the Orono City Council has adopted an am�ndment to
the Orono Municipal code relating to misdemeanor penalties on
November 14 , 1983; and
WHEREAS, the Orono City Council has determined that
publication of the title and a summary of the ordinance woula
clearly inform the public of the intent and effect of the
ordinance; and
WHEREAS, the Grono City Council has reviewed the text of the
ordinance summary and finds that it clearly informs the public of
the intent and effect af the ordinance, as follows:
SUMMARY - ORDINANCE # 252 OF THE ORONO MUNICIPAL CODE
FtF;LATING TU N,ISDEN�EANORS
SECTION ONE: TITLE AND PU RPOSE
The Orono City Council wishes to update, per Nlinnesota
Statute § 609.034 (1983) , the provisions within the municipal code
which call for penalties upon conviction of misdemeanors for
ordinance violations.
SECTION TWO: GENERAL PRUVISIONS
All provisions within the current Orono r�unicipal Code which
call for penalties upon conviction of misdemeanors due to
ordinance violations are changed to incorporate the current
penalties for misdemeanor violations of ordinances per Minnesota
Statute Section 609.034 (1983) . The penalties for a misdemeanor
violation shall be a fine of no more than Seven Hundred Dollars
($700) or imprisonment for not more than ninety (90) days or both.
SECTION T HREE: EFFECTUATION
This ordinance is effective as of the date of ado�,tion,
November �_, 1983.
NOW, THEREFORE, BE IT RESOLVED THAT
The City Clerk shall publish the title of the ordinance and
the above summary, with notice that a printed copy of the
ordinance is available for inspectian by any person during regular
office hours of the City Clerk, or at City Hall and that
publication of the title and summary shall be deemed to fulfill
all legal publication requirements as comFletely as if the entire
ordinance has been published. Proof of publication shall be
attached to and filed with the ordinance.
Approved this 14 day of November, 1y83 by the City
Council of the City of Orono.
�
Mayor
Attest:
.����e��;%����/
Ci ty Clerk
3325j
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the Poli�e Chief finds the parade or special event described in the
application to be a hazard, a substantial inconvenience, or if he is
unable to made adequate arrangements for �irection of control of
traf#ie, he shall return the same to the City Administrator with
his findings. �
Subd. 5. Counc�l Action. The City Administrator shall
r.efEr the application and results. of the investigation to the Council
at its next regular meeting. The Council may either (1) deny the
�permit, (2) grant the permit, or (3) grant the permit on condition
that a date, time or route are acceptable to ai�p3icant whieh differ
from such as stated in the app�icatipn. Applicant shall have three
(3) days 'within which to communicate his acceptance ro the CitW Ar.i-
ministrator. � ' �
Subd. 6. ' Unlaw�ul Acts. •
A. It is unlawful for any person or hamper, ob-
struct, or impede or interfere with any parade, parade assembly,
special event or any person, animal or vehicle participating in the .
parade or special event.
B. It is unlawful for any ��erson to drive a vehicle
between the vehicles or persons comprisiny a parade �or special event
, ��hen such parade or sgecial event is in motion, except by direction
of police offi�ers directing traffic.
C. It is unlawful for any person to enter into a �
parade or special event without prior authorization from the chairman.
Subd . 7. Exceptions. This Section shall not apply to
(1 ) funeral processionsf or (2� a governmental agency acting
within the scope of its functions.
�Subd. S. Tnsurance and Payment of Expenses. Applicant �
shall furnish a certificate of insurance in aa amount to be determined
by the City and shall pay all extra ordinary expense incurred by the
City for Police and en�orcement of ordinance. 3'he City may, as a
condition of approval of the permit, require that the app�icant deposit
money with the City in a sum equal to the estimated expenses to be
incurred by the City.
- Subd, 9. permit fees. �11 permits provided for in
this Section sha-ll �be issued only upon payment in full of permit
fees and other costs fixed and determirted in accotdance vith City .
Code &ection 1 .05. .
i
,.� _ .�..
Section 2. T'his ordinance shall be published in the Lake
Minnetonka Sun and shall be effective upon publication.
Adopted by the City Council of Orono, Minnesota, at a
regular m�eet.ing held� on 14 day of November , 1983.
G
Mary C. But , Mayor
�TT ES�:
����,�� � . ��-�
ty Clerk ^
334�j ,