HomeMy WebLinkAbout20220623_191618_341642_Subdivision_I.___Land_AlterationsTitle VI - LAND USE
Chapter 78 - ZONING REGULATIONS
ARTICLE XIV. - INTERIM USES
DIVISION 1. - GENERALLY
Subdivision I. Land Alterations
Orono, Minnesota, Code of Ordinances Created: 2022-03-25 15:53:39 [EST]
(Supp. No. 20, Update 1)
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Subdivision I. Land Alterations 1
Sec. 78-1725. Purpose and intent.
The purpose of this section is to promote the health, safety, and welfare of the community and to establish
reasonable uniform limitations, standards, and controls for land alterations, excavating, filling and grading within
the city. The regulations will allow the city to better manage stormwater discharge, ensuring drainage does not
negatively impact neighboring properties, manage hauling traffic and noise, and prevent erosion issues onto
adjacent properties, wetlands, lakes, and roads.
(Ord. No. 219 3rd series, § 6, 12-10-2018)
Sec. 78-1726. Interim use permit required.
An application for an interim use permit shall be accompanied by a certified site plan showing the location of
the proposed excavation or storage and shall state the amount of material which is to be removed, excavated or
stored, placed, or graded, and such other information as the council may require. Applications shall be filed with
the city administrator and shall be accompanied by a deposit to be determined by the city, which will be used to
offset the cost of processing the application. Any unused portion will be refunded to the applicant.
(a) Except where otherwise provided in the article, it is unlawful for any person to perform or have
performed the following land alteration activities without an interim use permit issued by the council:
(1) Mining. The commercial extraction of sand, gravel or other material from the land and their
removal from the site without processing shall be mining. In all districts, the conduct of mining
shall be permitted only upon issuance of a interim use permit. Such permit shall include, as a
condition, a plan for a finished grade which will not adversely affect the surrounding land or
development of the site on which the mining is being conducted, and the route of trucks moving
to and from the sites. A bond will be required for restoration
(2) Soil processing. The operation of processing of sand, gravel or other material mined from the
land shall be permitted only by interim use permit. Such permit shall include a site plan where
the processing is to be done, showing the location of the plant, disposal of water, route of trucks
moving to and from the site in removing processed material from the site, the condition in which
the site is intended to be left upon completion, hour of operation; and such permit shall not be
granted for a period of longer than 12 months
(3) Creation of an engineered grade for the basis of building height determination outside of a
subdivision.
(4) Unless included as part of a permitted project or as exempted below, the following activities
require a separate interim use permit.
1Cross reference(s)—Grading and land alterations, § 78-1590 et seq.
Created: 2022-03-25 15:53:39 [EST]
(Supp. No. 20, Update 1)
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Shore Setback
Zone
Shoreland
Overlay District,
but outside the
lots 5 acres or
less
lots greater than
5 acres
CY, or more than
1,000 sq. ft. of
CY, or more than
10,000 sq. ft. of
CY, or more than
10,000 sq. ft. of
CY, or more than
20,000 sq. ft. of
(5) Conducting grading or land alterations which result in changes in elevations within five feet of
adjacent properties, unless part of a building project.
(6) Emergency repair exception. Slope failures have a direct impact on the health and welfare of
Orono residents, and timely response to such events is important to the protection of natural
resources and private property. Therefore, the city engineer may declare grading and/or
export/import activities in the Lake yard exceeding the limits above as emergency repair and
forward such application to the city council for immediate review. Emergency repair shall be
defined for the purposes of this article as the activities necessary to stabilize a failing slope, or
prevent the imminent failure of a slope, in the opinion of the city engineer.
(Ord. No. 219 3rd series, § 6, 12-10-2018; Ord. No. 243 3rd series, § 4, 4-13-2020)
Secs. 78-1727—78-1744. Reserved.