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HomeMy WebLinkAboutOrd 319 Retaining Walls CITY OF ORONO HENNEPIN COUNTY, MINNE.OTA ORDINANCE NO. 319 AN ORDINANCE AMENDING CHAPTER 6 REGARDI G THE RETAINING WALLS WITHIN THE SHORELAND OVERLAY DIST' iCT AND PERMITTED ENCROACHMENTS THE CITY COUNCIL OF THE CITY OF ORONO ORDAIN',: SECTION 1. Orono City Code, Chapter 6.12, Section i.12.010 is hereby amended by adding the underlined language and deleting the strikethrough 1.nguage as follows: Sec. 6.12.010. Definitions. The following words,terms and phrases,when used in this chapter,s all have the meanings ascribed to them in this section, except where the context clearly indicates a different eaning. Unless specifically defined in this section,the words and phrases used in this chapter shall have the mea ings given to them in chapter 6.20. Accessory dwelling unit(ADU)means a subordinate habitable dwellin: unit,which has its own basic requirements of shelter, heating, cooking and sanitation,which is attached or detached from a single-family dwelling. Accessory use, building, or structure means a use, building,or structur- subordinate to and serving the principal use or building on the same lot and customarily incidental to the p incipal use or building. Agriculture means the utilization of land by raising plants,trees or shr bs or the raising of domestic animals or fowl, or both,for the purpose of selling to secure a profit. Airport and heliport mean any land,water or structure which is used or intended for use for the landing or takeoff of aircraft, and any appurtenant land structure used or intended for use for port buildings or other port structures or right-of-way. Alley means a public right-of-way which affords a secondary means of access to abutting property. Amusement center means a business at one location devoted primaril to the operation of amusement machines as described below and open for public use and participation;or locations with four or more amusements machines and open for public use and participation. Amusement machine means a mechanical amusement device of any of the following types: (1) A machine or electronic contrivance, including"pinball" machine., mechanical miniature pool tables, bowling machines,shuffle boards, electric rifle or gun ranges, mi iature mechanical and electronic devices and games or amusements patterned after baseball, bas etball, hockey or similar games and like devices, machines or games which may be played solely for amusement and not as a gambling device and which devices or games are played by the insertion of a coin or coins or at a fee fixed and charged by the establishment in which such devices or machines:re located,and which contain no automatic payoff devices for the return of money, coins, mercha dise,checks,tokens or any other thing or item of value;provided, however,that such machine ma be equipped to dispense nominal prizes,such as candy or toys,or coupons or tokens redeemable for such prizes.The term "amusement machine"does not include coin-operated music machines. Page 1 of 19 (2) Amusement devices designed for and used exclusively as rides by children,such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses and other miniature mechanical devices, not operated as a part of or in connection with any carnival,circus,show, or other entertainment or exhibition. Animal unit means,for one animal unit equivalency, one cow or steer;one horse, donkey, alpaca, or llama; two pigs,three sheep or goats;or 25 fowl. Antenna means any of the following uses,which require an antenna and are subject to the regulations of this chapter: Antenna,personal wireless service, means a device consisting of a metal, carbon fiber, or other electromagnetically conductive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves, including cellular, personal communication service(PCS), enhanced specialized mobilized radio (ESMR), paging and similar services, including the support structure. Antenna, radio and television receiving, means a wire,set of wires, metal or carbon fiber elements, other than satellite dish antennas, used to receive radio,television or electromagnetic waves, including the supporting structure. Antenna,satellite dish, means a device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish,cone, horn or cornucopia.Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses.The term "satellite dish antenna" includes, but is not limited to,what are commonly referred to as satellite earth stations,TVROs (television, receive only)and satellite microwave antennas and their support structures. Antenna,shortwave radio transmitting and receiving, means a wire,set of wires or a device, consisting of a metal,carbon fiber,or other electromagnetically conductive element used for the transmission and reception of radio waves used for shortwave radio communications, including the supporting structure. Antenna support structure means any building or other structure other than a tower which can be used for location of antennas. Antenna tower means a self-supporting lattice,guyed or monopole structure constructed from grade which supports personal wireless service antennas. Apiary means a collection of hives or colonies of honeybees kept for their honey. Auto reduction yard means a lot or yard where two or more licensed motor vehicles or their remains are kept for the purpose of dismantling,sale of parts,sale as scrap,storage,or abandonment. Automobile repair, major, means general repair, rebuilding of trailers, including body work,framework and major painting service. Automobile repair, minor, means the replacement of any part or repair of any part which does not require the removal of the engine head or pin, engine,transmission or differential;incidental body and fender work;and minor painting and upholstering service when such service is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross rating. Barbershops and beauty shops means a commercial establishment offering cosmetology services which may include hair cutting, coloring,or styling, make-up application or consultation, manicures, and pedicures,and/or which may offer therapeutic massage and body and/or facial treatments such as body packs or wraps, exfoliation, cellulite or heat treatments, body toning,waxing,tanning, aromatherapy, cleansing or medical facials, non-surgical face lifts and other non-surgical cosmetic procedures,electrical toning and electrolysis. Hydrotherapy and steam or sauna facilities, nutrition and weight management, and exercise instruction may be provided in conjunction with such therapeutic massage and body and/or facial treatments. Page 2 of 19 Boardinghouse means a building other than a motel or hotel where,for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed eight persons. Building means any structure having a roof which may provide shelter or enclosure of persons,animals or chattel;and when the structure is divided by party walls without opening,each portion of such building so separated shall be deemed a separate building. Building footprint means the outline of the total area covered by a building's perimeter at the ground level (to the block/foundation). (1) Carports, covered porches and other similar building features which have no exterior walls shall be included as part of a building footprint by drawing a straight line between the outer edges of all support structures(and the main building if applicable). (2) The outer edge of building protrusions, bay windows or other similar features that extend outward from a building and are less than four feet from the ground shall be considered as part of the building footprint. Building height means the vertical distance between the highest existing ground level or ten feet above the lowest ground level,whichever is lower, and the top of the cornice of a flat roof,or the deck line of a mansard roof, or the uppermost point on a round or other arch-type roof,or the median height of the highest gable of a pitched or hipped roof.Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height. Bulk station means distributors'warehouses for materials which are stored in tanks above ground in aggregate capacity on the site of 6,000 gallons or more. Camp means a parcel of land with permanent buildings,tents or other structures together with appurtenances thereon, established or maintained as living quarters where both food and lodging or facilities therefore are provided for ten or more people, operated continuously for a period of five days or more each year for educational, recreational, or vacation purposes,and the use of the camp or participation in its programs are provided to adults and/or children free of charge or for payment of a fee.The term "camp"does not include cabin and trailers camps,fishing and hunting camps, resorts, penal and correctional camps, industrial and construction camps, nor does it include homes operated for care or treatment of children and for the operation of which a license is required by state law or structures used as a dwelling. Cannabis producer means a cannabis business licensed or endorsed under Minn.Stats. ch.342 to cultivate cannabis plants or flowers; manufacture, process, or extract cannabis and cannabis parts;sell cannabis or cannabis products to other cannabis businesses;or transport or deliver cannabis and cannabis products from one cannabis business to another or to consumers. Cannabis retail business means a cannabis business licensed or endorsed under Minn.Stats.ch. 342 to sell cannabis products to consumers, including for on-site consumption,and not for the purpose of resale.The term "cannabis retail business" includes businesses licensed as cannabis retailers,cannabis microbusinesses with a retail endorsement,and cannabis mezzobusinesses with a retail endorsement. Carport means an automobile shelter having one or more sides open. Cellar means that portion of the building having more than half of the floor-to-ceiling height below the average grade of the adjoining ground. Clean fill means all native soils as described in the Unified Soils Classification System. Organic, manmade and reprocessed materials,topsoil and rocks larger than 0.25 cubic yard (2.9 feet diameter)shall not be considered clean fill. Clinic for human care on an outpatient basis only means a place where a group of licensed medical practitioners provide medical treatment or advice on an outpatient only basis. Page 3 of 19 Columbarium means a repository for the interment of cremated human remains within cinerary urns, including the burial of cremated human remains within cinerary urns or inurnment gardens for the burial or scattering of cremated human remains.Columbaria are accessory to places of worship, cemeteries or mausoleums. Commercial kennel means any premises where three or more domestic animals over six months of age are owned, boarded, bred or offered for sale. Commercial operations means operations where business is conducted by the sale or exchange of goods and/or services on the site for money or other valuable consideration. Commercial recreation means indoor amusement centers, bowling alleys, billiard halls, miniature golf, roller and ice skating rinks,driving ranges, movie theaters,gyms,swimming pools,and sports and health facilities. No commercial recreation use shall take place outside of an enclosed building.An air-supported structure shall not be considered a building for purposes of this definition.The term "commercial recreation" does not include an adult use defined in section 6.12.6820(b), any use involving the discharge of a firearm, a Class II restaurant that provides live entertainment, or any permitted or conditional use in the B-2 district. Cornice means any horizontal decorative molding that crowns a building or wall. County dock means a dock owned and operated by the county for the sole purpose of facilitating lake to ground transportation of patrons in emergency or law enforcement situations. Curb cut means the opening along a street curb line or pavement edge for the purpose of motor vehicle ingress and egress from a roadway. Curb cut width shall include the width of the driveway approach and of the curb returns, if any. Day care means a location licensed by the state department of human services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis,for any part of a 24-hour day. Dog boarding means indoor overnight boarding services for more than three dogs aged greater than six months. Dog day care means indoor day care services for more than three dogs aged greater than six months. Dog grooming means a premises where pet grooming services such as bathing,teeth cleaning, haircuts,and nail polishing and trimming are provided. Driveway means a paved or otherwise delineated area on private property for the operation of automobiles and other vehicles. Dry buildable means that portion of the lot not encumbered by the waters of a duly recorded lake or river, wetlands, bluffs,or slopes steeper than 30 percent. Dwelling means a building or part of a building containing independent living,sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one family, intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers,tents, cabins or trailer coaches.A dwelling shall not be interpreted to include lodging rooms. Dwelling, attached, means a dwelling which is joined to another dwelling at one or more sides by a party or fire wall or walls. Dwelling, detached, means a dwelling which is entirely surrounded by open space on the same lot. Engineered grade means the elevation of the ground, or any paving or sidewalk built upon it,which has been established on the basis of an engineered grading and drainage plan for the property that has been reviewed and approved by the city for the property. Essential services means the erection,construction,alteration, or maintenance of underground or overhead gas, electrical,steam,or water transmission or distribution systems,collection,communication,supply or disposal systems by public utilities, municipal or other governmental agencies, but not including buildings. Page 4 of 19 Existing ground level means the elevation of the grade at the base of an existing structure, measured at points abutting the foundation wall, or the natural grade of a vacant lot or the engineered grade established by an approved grading plan at the time of final platting or interim use permit. Family means any number of individuals generally, but not necessarily, related by blood or marriage, living together at one location maintaining a common household as a single, nonprofit housekeeping unit, as distinguished from a group occupying a boardinghouse or rooming house, hotel or motel. Family dwelling, multiple, means any structure made up of two or more attached dwellings. Farm animals means cattle, horses, mules,sheep,goats, llamas,alpacas,swine, ponies,ducks,geese, turkeys, chickens or guinea hens. Garage condo means a building or part of a building consisting of individual units for indoor storage of motor vehicles, boats,trailers,or recreational vehicles and such items as are customarily used for the care or upkeep of such motor vehicles, boats,trailers, or recreational vehicles. Individual units are owned or leased and may be capable of customization,alteration,or expansion by the owners or tenants of the units.The term "garage condo" may include common spaces or office areas. Garage,private, means a detached accessory building or portion of the principal building, including a carport, which is used for storing passenger vehicles, and trailers. Hardcover means a hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development.The term "hardcover" includes, but is not limited to,the following:all building footprints,driveways,sidewalks,stepping stones, retaining walls, patios,courts(sport,tennis,etc.),decks, pools,areas used for the extended outdoor storage of vehicles or equipment,and all other similar features or surfaces as determined by the city engineer or city planner. Home occupation means any gainful occupation carried out by the occupant of a residential dwelling unit that occurs within the principal or accessory building on the property and does not change the primary residential use of the property. Level 1 and level 2 home occupations shall be as defined in section 6.12.6810. Hotel means a building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both,and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge. In-kind,when used in the context of replacement of a nonconforming building or structure, means the replacement of a building or structure completely within the limits (location, height,width,and depth)of the previous building or structure. Junkyard means an area where used,waste, discarded or salvaged materials are bought,sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including, but not limited to,scrap iron and other metals, paper, rags, rubber products, bottles and lumber.Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. Library,public, means a library operated by the county;or a nonprofit library intended for use by the general public. Local street means a residential street maintained by the city and which is not defined as a state highway, county highway,collector,arterial, or a municipal state aid street. Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or wetland or area which has been dedicated as public right-of-way. Lot, back, means a lot typically separated from a public or private road by another lot and which gains access to the public or private road via a narrow corridor.Such a separated lot is considered to be a back lot when the corridor is platted as an outlot.A separated lot is considered to be a flag lot when the corridor is platted as part of Page 5 of 19 the lot.When the corridor is merely an easement over another lot,the separated lot is considered to be an easement back lot. Lot, corner, means a lot situated at the junction of,and abutting on,tw. or more intersecting streets,or a lot at the point of deflection in alignment of a continuous street,the interior an;le of which does not exceed 135 degrees. Lot coverage means the total square footage of all building footprints and structures on a parcel. Lot depth means the mean horizontal distance between the front lot li e and the rear lot line of a lot. Lot,front, means a lot abutting a public or private road,across which a outlot has been platted for access to a back lot. Lot, interior, means a lot other than a corner lot. Lot line means the property line bounding a lot;except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way,the line of such public ight-of-way shall be the lot line. Lot line,front, means that boundary of a lot which abuts an existing or .edicated public or private street,and in the case of a corner lot it shall be the shortest dimension on a public or pri ate street. If the dimensions of a corner lot are equal,the front lot line shall be designated by the owner and f led in the office of the building inspector. Lot line, rear, means that boundary of a lot which is opposite the front of line. If the rear lot line is less than ten feet in length,or if the lot forms a point at the rear,the rear lot line shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. On a lak-shore lot,the rear lot line is the lot line that is opposite the natural ordinary high-water mark at the lakeshore. Lot line,side, means any boundary of a lot which is not a front lot line .r a rear lot line. Lot of record means any lot for which a deed or registered land survey as been recorded in the office of the register of deeds or the registrar of titles for the county prior to January 1, 1.75, and after approval by the council if required. Lot, through, means a lot which has a pair of opposite lot lines abutting two substantially parallel streets,and which is not a corner lot. On a through lot, both street lines shall be front lot ines for applying this chapter. Lot width means the horizontal distance between side lot lines measured at the following locations: (1) For lots which do not abut a lake or tributary,at the rear of the r:quired front yard, measured parallel to the front lot line. (2) For lots which abut a lake or tributary,at the shoreline measured in a straight line between the points at which the side lot lines intersect the OHWL, and at the require, structure setback from the OHWL, measured in a straight line between the points of intersection of he side lot lines with the structure setback line. Manufactured home or mobile home means any type of structure or ve icle which can be readily adapted to or does provide facilities for a person to eat or sleep which is mounted on w eels, has provisions for wheels, or may be loaded on an ordinary flatbed truck,such as a house trailer, converte. bus or truck,tent or small building. Motor court, motor hotel, and motel mean a building or group of buildi gs other than a hotel used primarily as a temporary residence. Motor freight terminal means a building or area in which freight broug t by motor truck or railroad is transferred and/or stored for movement in intrastate shipment by motor tru k. Municipal buildings or facilities means only those structures owned an. operated by the city. Natural grade means the elevation of the ground surface in its natural 'tate, prior to excavation or filling. Page 6 of 19 Nonconforming structure means any structure legally existing upon January 1, 1975,which would not conform to the applicable regulations if the structure were to be erected uncer the provisions of this chapter. Nonconforming use means use of land, buildings or structures legally existing on January 1, 1975,which does not comply with all the regulations of this chapter or any amendments to it governing the zoning district in which such use is located. Noxious matter or materials means material capable of causing injury to living organisms by chemical reaction,or is capable of causing detrimental effects on the physical or economic well-being of individuals. Nursery, day, means a use where care is provided for pay for three or more children under kindergarten age for periods of four hours or more per day. Office means a commercial land use involving predominantly administrative, clerical,or professional operations.Commercial offices may include professional administrative training, but shall not include direct retail commercial transaction activities. Office—Showroom means a commercial land use that is comprised of offices and other indoor floor area in which large or bulk goods are both on display and being warehoused in the same space. Examples of such uses commonly include furniture, building materials,or other similar uses. Characteristics of such uses include a lack of other on-site warehousing. Office—Showroom shall not include direct,on-site retail transactions to the end consumer. Office—Warehouse means a commercial land use that is comprised of offices and other indoor space in which materials and equipment are being stored for shipping to other locations for eventual resale or use. Office— Warehouse does not include on-site retail transactions or display. OHWL means ordinary high-water level. Outdoor storage means the keeping of materials or equipment on a parcel of land for the purpose of transporting, using or employing such materials or equipment at a future date at another location,either on-or off-site.The keeping of motorized vehicles for more than 24 hours,or other equipment that is not capable of self- powered movement(such as trailers),shall be included in the term "outdoor storage." Parking means the keeping of passenger automobiles and light trucks for a temporary period(usually less than 24 hours)in a space designated and improved for such use according to the requirements of the zoning ordinance. Parking does not include storage. Pasture means open, non-treed land containing vegetation which can support grazing by horses, cattle or other domestic animals. Calculations of minimum pasture acreage for the keeping of farm animals shall not include any land defined as a wetland or wetland buffer under section 6.12.8110. Performance standards means criteria established to control noise,odcr,toxic or noxious matter,vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. Permeable lining(landscaping fabric)means a porous material used for weed prevention that allows storm water to permeate into the ground. Pervious paver means concrete,asphalt or similar blocks with holes of some kind that allow water to go through the surface into a specialized aggregate base,consistent of an open-graded aggregate,and into the soils below. Pervious surface means naturally occurring ground cover or a variety of types of pav ement, pavers and other devices that provide stormwater infiltration while serving as a structural surface. Place of worship means a building or space that is principally used as a place where people of the same faith or religion regularly assemble for worship.The term "place of worship"does not include community education or art centers,schools, instructional centers, day care facilities,family day shelters, conservatories, convention centers, libraries, museums, residential dwellings, recreational and entertainment facilities,theaters or social service distribution facilities. Page 7 of 19 Planning commission means the city planning commission. Public service structures means underground or overhead gas, electrica,steam or water transmission or distribution systems, collection, communication,supply or disposal systems, ncluding poles,wires, mains,drains, sewers, pipes, conduits, cables,fire alarm boxes,traffic signals, hydrants or o her similar equipment and accessories, but not including buildings or major structures located above ground level. Personal wireless services and commercial broadcasting antennas and towers shall not be considered p blic service structures. Residential treatment facility means a location licensed for residential treatment as defined in Minn.Stats. § 245.462,subd. 23,or a facility licensed to provide residential substance use .isorder treatment under Minn.Stats. ch. 245G. Restaurants(Class I)means a restaurant in which food is served to the ustomer and consumed by him while seated at a counter or table, and the restaurant does not serve intoxicating li.uor or provide live entertainment. Food is selected by a customer while going through a serving line and taken to a table for consumption. Restaurants(Class II) means fast food convenience,drive-in and liquor .ervice restaurants;a restaurant where a majority of customers order and are served their food at a counter i packages prepared to leave the premises, or to be taken to a table,counter, automobile or off the premises to be consumed;or a drive-in where most customers consume their food in an automobile regardless of how it is .erved;or restaurants which serve intoxicating liquor or have live entertainment. Retaining wall means a structure designed to hold back and prevent lat-ral movement of earth.Two or more abutting boulders, 24 inches in diameter or greater, placed to hold back the :arth are considered to be a retaining wall. Landscape edging, less than six inches tall, is not considered a retaining all.Tiered walls are considered a single wall unless the walls are each separated by a horizontal distance twice the height of the lower wall. Separation will be measured from the back of the lower wall to the face of th- upper wall. Riding academy means a building,structure or other facility which is us-d for the instruction and training in the care and handling of horses, mules, donkeys or ponies for a fee or other aluable consideration. Shelter,fallout or blast, means a structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, blasts, air rains,storms or other emergencies. Sign means any written announcement,declaration,demonstration,display, illustration, insignia or illumination used to advertise or promote the interest of any person when di.played or placed outside in view of the general public, and shall include every detached sign. Sign, advertising(billboard), means a sign which directs attention to a .usiness,community service or entertainment not exclusively related to the premises where such sign is loca ed or to which it is affixed. Sign, business, means a sign which directs attention to a business or profession conducted or to a commodity,service or entertainment sold or offered on the premises on whi,h such sign is located or to which it is affixed. Sign, business, temporary, means a sign permitted for a limited period of time used to advertise or promote the interests of a single-or multi-use commercial or industrial use.A tempor.ry sign may be attached to a principal structure or detached.Such signage shall include mobile/message board sign., banners and balloons that meet all applicable federal and state standards. Sign,flashing, means an illuminated sign on which the artificial light is of maintained stationary or constant in intensity and color at all times in which such sign is in use. Sign, gross area of, means the area within the frame,which shall be us:d to calculate the square feet; except that the width of the frame exceeding 12 inches shall constitute advertising s.ace;or should such letters or graphics be mounted directly on a wall or fascia or in any such way as to be ithout a frame,the dimensions for calculating the square footage shall be the area extended six inches beyond t e periphery formed around such letters or graphics bounded by straight lines connecting the outermost point.;and each surface utilized to display a message or to attract attention shall be measured as a separate sign. Page 8 of 19 Sign, illuminated, means any sign which has characters, letters,figures,designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. Sign, nameplate, means any sign which states the name or address or •oth of the business or occupant of the lot where the sign is placed or may be a directory listing the names,addr-sses and business of occupants. Sports and health facility means a facility where members or nonmem•ers pay a fee to use equipment or space for the purpose of physical exercise or training.A sports and health facility may include aerobics,weight training, muscular exercise programs,yoga, Pilates,court games,jogging,or other similar activities. It may provide as an accessory use personal services to patrons, including,but not limited to,therapeutic massage,tanning, saunas,and whirlpools. Stable or barn,private, means a building or structure used or intended o be used for the keeping of hoofed animals belonging to the occupant of the property, and kept for noncommer,ial purposes. Stable or barn,public, means a building or structure used or intended t• be used for housing of horses, mules,donkeys or ponies which are owned by those other than the occupan i of the property,where animals may be rented for a fee for riding purposes or where riding lessons may be provid-d. Stock farm means a parcel of land comprising an area of ten acres or more that is used to house and feed any number of farm animals when such farm animals are kept for profit. Stockpiling means on-site storage of ten cubic yards or more of soil an•/or aggregate in a concentrated state where the material is intended to be distributed throughout the site or expo ted from the site. Street means a dedicated public right-of-way not less than 50 feet in with which affords a primary means of access to abutting property. Street or road,private, means any private way set aside as a permanen right-of-way for vehicular access 50 feet or more in width. Structure means anything which is built, constructed or erected, an edi ice or building of any kind,or any piece of work artificially built up or composed of parts joined together in so e definite manner,which requires a location on, below or above the ground, land or water, or attached to somet ing having a location on the ground, land or water. Study and research center means one or more structures,together wit the land used in connection therewith,whether contiguous or standing separately, including any building used as a temporary or permanent residence,or a park, nature or playground area, owned or operated by one o more nonprofit charitable,scientific or educational organizations,and used primarily as a center for study, learni g, research or educational oriented conferences. Use means the purpose or activity for which the land or building is designated,arranged or intended, or for which it is occupied, utilized or maintained,and shall include the performanc- of such activity as defined by the performance standards of this chapter. Use, conditional, means those occupations,vocations,skills,arts, busin asses, professions or uses specifically designated in each zoning use district which,for their respective conduct, exercise or performance in such designated use districts, may require reasonable but special, peculiar, unusu.l or extraordinary limitations, facilities,or regulations in such use district for the promotion or preservation of the general public welfare, health, convenience or safety in such use and in the city and,therefore, may be per itted in such use district only by a conditional use permit,which is designed to meet the problem that arises where certain uses, although generally compatible with the basic use classification of a particular zone,should not b permitted to be located as a matter of right in every area included within the zone because of hazards inherent in the use itself or special problems which its proposed location may represent. Use,permitted, means a use which may be lawfully established in a par icular district, provided it conforms with all requirements, regulations and performance standards(if any)of such districts. Page 9 of 19 Use,principal, means the main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional. Use,secondary, means a use of land or of a building or a portion which is subordinate to and does not constitute the primary use of the land or building. Wholesale greenhouse means an area, building or structure used for th- storage, cultivation or transplantation of live trees,shrubs or plants that are not offered for retail s.les on the premises. Yard means a required open space on a lot,which is unoccupied and u obstructed by a structure from its lowest ground level to the sky except as expressly permitted in this chapter. yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. Yard,front, means a yard extending across the front of a lot between t e side yard lines and lying between the front street line of the lot and the required front yard setback line,which front yard shall be provided on both street frontages of corner lots and double-frontage lots.A lakeshore lot shall not be considered as having a front yard, but rather shall be considered as having a lakeshore yard on one side o the building and a rear yard on the other side of the building. Yard, lakeshore, means a yard lying between the natural ordinary high- ater mark of a public water and a line parallel to it at the shore setback. Yard, rear, means a yard lying between the required rear yard setback line and rear line of the lot,for the full width of the lot. On a lakeshore lot,the rear yard shall be the yard which fro is on the street lying between the street line of the lot and the required rear yard setback line. Yard requirements means those requirements which relate exclusively o the size of yard areas when such are required within specific zoning districts. Yard,side, means a yard extending along the side lot line between the ront and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. Yard,side street, means a side yard abutting a side street. SECTION 2. Orono City Code Title VI, Chapter 78, Article I, Sr ction 78-1 is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 6.12.5910. Definitions. The following words,terms and phrases,when used in this article,shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meanin;. Unless specifically defined in this section,words or phrases used in this article shall be interpreted as defined olsewhere in this chapter.All distances, unless otherwise specified,shall be measured horizontally. Animal feedlot means a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate,or where the concentration of animals is such that a vegeta ive cover cannot be maintained within the enclosure. For purposes of this Code, open lots used for the feedi g and rearing of poultry(poultry ranges)shall be considered as animal feedlots. Pastures shall not be considered as animal feedlots when the area enclosed as pasture is equal to or greater than 1.0 acre per animal unit. Bluff means a topographic feature,such as a hill, cliff or embankment, havinv the following characteristics (an area with an average slope of less than 18 percent over a distance of 50 feet or mere shall not be considered part of the bluff): (1) Part or all of the feature is located in a shoreland area; (2) The slope rises at least 25 feet above the ordinary high-water lev:I of the water body; Page 10 of 19 (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high- water level averages 30 percent or greater;and (4) The slope must drain toward the water body. Bluff impact zone means a bluff and land located within 20 feet from t e top of a bluff. Bluff, toe of the, means the lower point of the lowest 50-foot segment ith an average slope exceeding 18 percent. If the lowest such point is lakeward of the OHWL,the OHWL will be refined as the toe. Bluff, top of the, means that point on the cross section of a bluff below which the slope becomes more than 18 percent and above which the average slope for a distance of 50 feet or mere is 18 percent or less. Commercial use means the principal use of the land and/or buildings fir the sale, lease, rental or trade of products,goods and services. Deck means a horizontal, unenclosed platform with or without attache. railings,seats,trellises or other features,attached or functionally related to a principal use or site. Duplex, triplex and quad mean a dwelling structure on a single lot, havi g two,three and four units, respectively, being attached by common walls and each unit equipped with s-parate sleeping, cooking,eating, living and sanitation facilities. Dwelling site means a designated location where a dwelling unit is inte ded to be constructed. Dwelling site, transient, means a designated location for temporary or ransient residential use by one or more persons using temporary or movable shelter, including camping and re reational vehicle sites. Dwelling unit means a building or a portion of a building designed or in ended to be occupied exclusively for residential purposes, including provisions for sleeping, eating,cooking and sanitation for not more than one family, but not including rooms in motels, hotels, nursing homes, boardinghouses, n.r trailers,tents, cabins, recreational vehicles, nor lodging rooms. Extractive use means the use of land for surface or subsurface removal of sand,gravel, rock, industrial minerals,other nonmetallic minerals, and peat not regulated under Minn.St:ts. §§93.44 through 93.51. Forest land conversion means the clear cutting of forested lands to pre mare for a new land use other than reestablishment of a subsequent forest stand. Industrial use means the use of land or buildings for the production, m.nufacture,warehousing,storage or transfer of goods, products, commodities or other wholesale items. Intensive vegetation clearing means the complete removal of trees or shrubs in a contiguous patch,strip, row or block. Ordinary high-water level(OHWL)means the boundary of public water. and wetlands, and shall be an elevation delineating the highest water level which has been maintained for ,: sufficient period of time to leave evidence upon the landscape,commonly that point where the natural veget.tion changes from predominantly aquatic to predominantly terrestrial. For watercourses,the ordinary high-wa ier level is the elevation of the top of the bank of the channel. For reservoirs and flowages,the ordinary high-wate level is the operating elevation of the normal summer pool.The designated OHWL has been determined by th- state department of natural resources for certain water bodies as shown in section 6.12.5970. Planned unit development(PUD)means a type of development characterized by a unified site design for a number of residential dwelling units or nonresidential sites on a parcel,whether for s:le, rent or lease, often involving clustering of units or sites to provide areas of common open space or a mixt re of structure types and land uses. Two types of PUD are provided for in this chapter: (1) Planned residential development(PRD), in which the nature of allowed uses is nontransient residential, including attached and detached single-family or multiple-family swellings,subject to the limitations provided for in each zoning district. Page 11 of 19 (2) Planned unit development(PUD), Highway 12 Corridor, in which t e nature of allowed uses may include residential, commercial,institutional, public and semipub is uses as set forth in the city's comprehensive plan amendment No. 2,and it is limited to areas ithin the Highway 12 Corridor as defined in that amendment.The Highway 12 PUD offers a mixtur• of land uses, housing types and densities. Note: No properties which could be developed via the Highway 12 PUD are ithin the shoreland overlay district. Public use means the use of land by the general public or by a public ag-ncy on behalf of the general public, for any purpose. Public waters means any waters as defined in Minn.Stats. §103G.005, .ubds. 15 and 16. Semipublic use means the use of land by a private, nonprofit organizati i n to provide a public service that is ordinarily open to some persons outside their regular constituency of the or:anization. Sensitive resource management means the preservation and managem-nt of areas unsuitable for development in their natural state due to constraints such as shallow soils ov-r groundwater or bedrock, highly erosive or expansive soils,steep slopes,susceptibility to flooding, or occurre ce of flora or fauna in need of special protection. Sewage treatment system means septic tanks and a soil absorption sys'em or other type of on-site sewage treatment system as described in chapter 5.24,article II. Sewerage system means pipelines or conduits,pumping stations and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industr al waste or other wastes to a point of ultimate disposal. Shore impact zone means land located between the ordinary high-water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. Shore setback zone means land located between the ordinary high-wat•r level of a public water and a line parallel to it at the structure setback. Shoreland means land located within 1,000 feet from the ordinary high water level of a lake, pond or flowage and 300 feet from a river or stream,or the landward extent of a floodplain designated by ordinance on a river or stream,whichever is greater.Where topographic divides occur at lesser distances from the involved water,the limits of shoreland have been modified per the official map entitled "Shorela d Overlay District," on file at the city offices. Significant historic site means any archaeological site,standing structur- or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in t e state register of historic sites,or is determined to be an unplatted cemetery that falls under the provisions of Minn.Stats. §307.08.An historic site meets these criteria if it is presently listed on either register or if it is determi ed to meet the qualifications for listing after review by the state archaeologist or the director of the state historical society.All unplatted cemeteries are automatically considered to be significant historic sites. Steep slope means lands having average slopes of 12 percent or greate as measured over horizontal distances of 50 feet or more,that are not bluffs. Surface water-oriented commercial use means the use of land for corn ercial purposes,where access to and use of a surface water feature is an integral part of the normal conductance .f business. Variance means the same as that term is defined or described in Minn. .tats. ch.462. Water-oriented accessory structure or facility means a small,abovegro nd building or other improvement, except stairways,fences, docks and retaining walls,which, because of the rel:tionship of its use to a surface water feature, reasonably needs to be located closer to public waters than the nor al structure setback. Examples of such structures and facilities include boathouses,gazebos,screen houses,fis houses, pump houses, lock boxes, and detached decks. Page 12 of 19 Wetlands shall have the same meaning as the term "protected wetlands" in section 6.12.8110. SECTION 3. Orono City Code, Chapter 6.12, Section 6.12.6240 is hereby amended by adding the underlined language and deleting the iArikethrough language as follows: Sec. 6.12.6240. Placement of buildings and structures on lots. When more than one setback applies to a site, buildings,structures,and facilities must be located to meet all setbacks. Buildings and structures shall be located as follows: (1) Building,structure, and on-site sewerage system setbacks(in feet)from ordinary high-water level. Public Water Setbacks Classification Building/Structure Sewage Treatment Unsewered Sewered System NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary i 100 75 75 (2) Additional building and structure setbacks.The following additional setbacks apply, regardless of the classification of the water body: Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local 301 public and private roads 1 Except for accessory buildings on lakeshore lots as regulated in this chapter and except for buildings and structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impact zones. Buildings,structures and accessory facilities,except stairways, landings and lock boxes, must not be placed within bluff impact zones. (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high-water level setback or be substantially screened from view from the water by vegetation or topography,assuming summer, leaf-on conditions. (5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing,subject to the regulations for landings per section 6.12.6270. Retaining walls within the shore setback zone may be permitted according to the following: a. A retaining wall may be constructed within the shore setback zone if it is an integral part of a permitted lake access stair and the retaining wall is designed to be the minimum size necessary. Page 13 of 19 b. A replacement retaining wall, including a change in material, may be permitted within a definedthe bluff, bluff setback, or shore setback zone when all of the following conditions are met: 1. The wall is under four feet in height, and in the same location;and 2. The existing wall shows signs of failure. 3. The wall is screened by deep-rooted, native vegetation so as not to be visible from the waterbody in year-round conditions. c. A-new retaining wall,or an r, i :zcme„texpanded replacement walls four feet in height or greater,constructed within a defined bluffcand bluff setback,or shore setback zone;and/or a replacement wall four feet in height or gr ater;and/or any new walls shall require a conditional use permit.All wNcw walls and rcplaccmcnt walls greater than four feet in height must meet the following conditions.The wall must be: 1. The walls are used only Designed to correct an existing erosion or slope stability established erosion problem documented by a licensed professional engineer,and not for aesthetic reasons;and 2. The walls must be screened by deep-rooted, native vegetation so as not to be visible from the waterbody in year-round conditions:Suitable given the demonstrated need;and 3. The number, height,and length of the walls are the minimum necessary to control the erosion or slope stability problem and are not taller than 4 feet or longer than 10 feet, unless the licensed professional engineer determines that a larger wall is necessary to correct the documented erosion or slope stability problem Designed by a registered engineer or landscape architect, depending on project scope;and 4. A landscape plan is required to identify vegetative removals in the location of the new/replacement walls to ensure removals are limited to the minimum necessary to support the installation of the walls,subject to-Sec. 6.12.6300. Replacement plantings must consist of deep rooted native vegetative to provide necessary support for the slope. d. Designed to be the minimum size necessary to control the erosion problem.lf the project includes work at or below the OHWL or within WCA jurisdictional wetland,that portion of the project must be approved and/or permitted by the appropriate governing agency. (6) Average lakeshore setback. No principal or accessory building shall be located closer to the ordinary high-water line(OHWL) on a lakeshore lot than the average distance from the shoreline of existing principal buildings on adjacent lots;this does not apply to patios and other accessory structures less than 42 inches above existing grade and/or stairways, lifts, landings, lockboxes,flagpoles and pump houses. Further,the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries.The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the principal building on the immediately adjacent improved lakeshore lot. b. In situations where the average lake shore setback line bisects the principal building located on either adjacent lot,the next most adjacent lake side point of the bisected principal building shall be used for determining the average lakeshore setback. If the line continues to bisect the principal building,the next most lakeside point is to be used until the setback line does not bisect the principal building on an adjacent lot. Page 14 of 19 SECTION 4. Orono City Code, Chapter 6.12, Section 6.12.6940 is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 6.12.6940. Permitted encroachments. (a) The following shall not be considered to be encroachments on yard setback requirements: (1) Chimneys,flues, belt courses, leaders,sills, pilasters, lintels,ornamental features,cornices, eaves, gutters, and similar building elements, provided they do not extend more than two feet into a required yard. (2) Nameplate signs for one-family dwellings subject to the provisions of article X,division 4 of this chapter; lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property and is located at least five feet from the front lot line; public utility poles and overhead lines; mailboxes. (3) Steps,sidewalks, uncovered porches,stoops, or similar structures which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. (4) Bays, cantilevers, and fire escapes. In side or rear yards only,the following encroachments are permitted: a. Bays and/or cantilevers which are not part of the defined building footprint, may extend up to two feet into the required side or rear yard, provided the aggregate area of the bays and/or cantilevers is not more than 20 square feet; and b. Fire escapes not exceeding a width of three feet and a depth of four feet. (5) Driveways and parking areas when constructed, located, and used in compliance with other provisions contained within this chapter. Driveways and parking areas may extend to within five feet of a side lot line. (6) Retaining walls, planters, and similar structures,subject to the following provisions: a. Retaining walls, planters and similar structures may be located in all requircdfront, rear,or side yards when all of the following conditions are met: 1. The structure is located at least ten feet from the edge of the traveled roadway; 2. The structure is not located within a drainage, utility,or other easement, except upon approval in writing for an encroachment agreement by the city;or similar approval from another regulatory and/or utility agency; 3. The structure creates no impacts to drainage direction, rate,or volume for adjacent properties. 4. The structure is two feet in height or less above the existing grade. b. Retaining walls, planters, and similar structures exceeding two feet in height above existing ground level or which aremust be located less than five feet from a side property line. c. Retaining walls, planters and similar structures exceeding the allowed height of a fence shall be located to meet the required accessory structure setbacks established for that yard. d. Retaining walls exceeding 42 inches in height,as measured from existing grade,shall not be located lakeward of the average lakeshore setback as defined within Section 6.12.6240(6). (7) Window wells including those for fire egress which do not extend more than five feet from the building, and are no closer than two feet to the property line. Page 15 of 19 (8) Air conditioning or heating equipment may be located within a required yard but shall be located within five feet of the building it serves;shall not be located within an existing or required drainage and/or utility easement;and shall be located at least five feet from any lot line. (9) Fences erected in all zoning districts are considered a permitted encroachment when they conform to the standards listed below.A fence shall be located a minimum of ten feet from the edge of the paved, traveled roadway.The following words,terms and phrases,when used in this subsection (a)(9),shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Fence height means the measurement from the top of any part of the fence, including posts or other structural supports,lattice, ornate top design elements,and so forth measured to the existing ground level below the fence, as measured perpendicular to the slope(see Drawing: Fence Height Measurement on Sloped Site). Exception: Post finials extending above the top of the fence shall not be deemed as part of the fence for height determination purposes as long as they do not exceed ten inches in width per finial and do not extend above the top of the fence by more than six inches. Fence monument means a fence monument is a permanent structure or object,with or without a footing, made with masonry or stone materials, used in place of, and functioning as a post that supports a fence. Permanent fence means a fence that is installed in a fixed or enduring manner that is not intended for a seasonal or temporary purpose. Temporary fence means a fence that is not permanently secured or anchored to the ground by posts or affixed footings,and is installed and removed on a limited term or seasonal basis such as: snow fences,garden fences,seasonal recreational fences such as hockey boards;fences installed for safety or access management purposes for special events;and fences installed for the duration of a construction project such as silt fences,erosion control bioretention logs,and septic drainfield site protection fences. Drawing:Fence Height Measurement on Sloped Site • • *01 a. Nonlakeshore lots. I 1. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above existing ground level. 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above existing ground level. Page 16 of 19 b. Lakeshore lots. 1. Fences within the required street(rear)yard or side street yard of a lakeshore lot shall not exceed 42 inches above existing ground level. Exception:A fence not exceeding six feet in height may be located along the street lot line,and within the rear street setback of a lake frontage lot which abuts a major thoroughfare.A major thoroughfare for purposes of this section means any county road or state highway. If sL,ch fence involves fill or berming,the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height_ Fences, and_shall not exceed 42 inches in height for any portion located lakeward of a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the principal residence structure on the adjacent property abutting the side yard in which the fence is locatedlakeward of the average lakeshore setback. 3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. 4. When the building site of a lakeshore lot is separated from the lakeshore by a public or private road,the following definitions will apply for fence location purposes subject to the provisions of this section:When the yard on the oppcsite side of the building site from the lake does not abut a street,such yard shall be considered as a standard rear yard.The yard between the building site and the street shall be considered as a standard front yard. c. Special provisions. Split rail fences of no more than three ra Is within a required front, street or side street yard may have a maximum top rail height of 48 inches above existing ground level. Board rail fences within a front,street or side street yard for the specific purpose of enclosing permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50 percent opaque. d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required by section 6.12.6760. e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports. 3. Fencing materials shall consist of permanent all weather products. 4. Temporary fencing shall not be allowed to remain on the property following final inspection, or issuance of a certificate of occupancy for a permitted construction project, or protection of property during a similar project or winter conditions.The term "winter conditions" means October 15 through March 31 of the following year.Temporary fencing associated with a special event shall be removed within seven days of the end of such event.Temporary fencing materials shall not be allowed to remain on a permanent basis on a parcel. 5. Existing fences that are legally nonconforming as to location, height, design, or other characteristics may be replaced in kind. (10) Fence monument, as part of a fence erected in all residential zoning districts are considered as a nonencroachment when it conforms to the following standards: Page 17 of 19 a. Property corners shall be located and identified (staked); b. Fence monuments must be set back a minimum of five feet from all property boundaries and never fewer than ten feet from the edge of the paved,travded roadway; c. An individual fence monument shall be limited to a maxim m footprint of six square feet; d. Fence monuments may not exceed the maximum allowed eight of the associated fence, including any appurtenances.Any fence monument exceed ng the maximum height must meet accessory structure setbacks for the appropriate district; e. Building permit requirements: 1. A building permit is required if footings are proposed 2. Construction plans with footing details are required ti be submitted for permit approval; 3. If the fence and/or fence monuments exceed six feet in height,a building permit is required. (11) Entrance monuments, defined for the purpose of this section as . nearly permanent physical structure or object, natural or artificial, used to depict an entrance to the p operty,erected in all residential zoning districts are considered nonencroachments when they co form with the following standards: a. Each monument,with a maximum of two per approved dri eway access,shall be limited to a single pillar with a footprint measuring no larger than 25 sq are feet and no length to exceed five feet; b. The monument must be setback a minimum of five feet fro all property boundaries and never fewer than ten feet from the edge of the paved,traveled roadway; c. Plans and/or elevation views of the proposed monuments .re required to be submitted for approval by the planning director; d. All signage proposed for the monuments must comply with article X, division 4 of this chapter; e. The monuments are limited to eight feet in height, includin;; any appurtenances.Any monument exceeding the maximum height must meet principal struct re setback requirements; f. When more than one monument is proposed,and serving t o or fewer residences, a minimum horizontal width of 16 feet is required between them; g. When more than one monument is proposed,and serving t ree or more residences, a minimum horizontal width of 22 feet is required between them; h. Lighting is allowed, in conformance with section 6.12.7780 .,nd at the discretion of the planning director. i. A building permit is required for installation and the proper y corners must be located for inspection purposes. (12) Gates,when proposed, must meet the following requirements: a. The gate must open into the property not outward towards the right-of-way; b. Gates serving two or fewer residences shall have a minimu horizontal width of 14 feet in the full open position; c. Gates serving three or more residences shall have a minimu horizontal width of 20 feet in the full open position; d. For all properties,gate height may not exceed the height of the monument, measured from grade, unless principal structure setbacks are met(if monu ents are not proposed then gate Page 18 of 19 height shall be regulated in accordance with the fence heig t regulations of subsection (a)(9) of this section; e. For locked and/or secured gates,a Knox box meeting the st:ndards set forth by the police and fire department must be provided for emergency access;a d f. On major thoroughfares the monuments and gates must ba located 40 feet from the paved, traveled road to allow for vehicle stacking.A major thoroug fare for the purposes of this section means any county road or state highway. (13) Lawn irrigation systems are permitted in any required yard. Non-oressurized lines for irrigation systems may be installed in the adjacent right-of-way, at the system owner's risk.The system owner shall relocate or remove the lawn irrigation system from the right-of- ay at the system owner's expense in the event said relocation or removal is required by the city or oth-r utility company authorized to use the city right-of-way.The system owner shall defend, indemnify, .i nd hold harmless the city its officials, and employees from and against any and all claims, liability for lo.s, damage, or injury arising directly or indirectly from the lawn irrigation system or to the system tha i is in the right-of-way. (b) The following shall not be considered to be encroachments on structur height requirements: (1) Parapet walls that extend no more than three feet above the height of the building. (2) HVAC cooling towers. (3) Elevator penthouses. SECTION 5. This ordinance shall become effective imm-diately upon its passage and publication. ADOPTED this 24 day of November, 2025, by the City 1 ouncil of the City of Orono, Minnesota. CIT OF ORONO By: Bob Tunheim, Mayor ATTEST: hristi us' , City Clerk Page 19 of 19 SUMMARY PUBLICATION ORDINANCE 319 CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 6 REGARDING RETAINING WALLS IN THE Shoreland Overlay district and Permitted encroachments The City Council of Orono, Minnesota, amended City Code Chapter 6 regarding standards for allowing retaining walls in the lakeshore setback and within the required yards on November 24, 2025. The complete text of this ordinance is available at City Hall or oronomn.gov. CITY OF ORONO /s/Bob Tunheim, Mayor Attest: /s/Christine Lusian, City Clerk 1