HomeMy WebLinkAboutInfo on P&Z questions . �
Mike & Shea,
Thank you for contacting the City of Orono with your Planning and Zoning questions.
Below I have addressed your individual questions, either by giving you a link to the
information sheets on our web site or by answering them directly.
Christine Mattson
Planning Assistant
952-249-4620
I was wondering if someone could point me in the right direction on your website as to find some
information about Orono's building codes.
I am starting a new project, address is 2660 Casco Point Rd, Orono, and have some questions
before we begin.
Some questions include:
How is the maximum building height calculated?
http://www.ci.orono.mn.us/Planninq°/a20&%20Zoninq/Information%20Sheets/buildinq height.pdf
What is included/ not included in the hardcover calculations? (decks, overhangs-can the
overhangs encroach the setback?)
http://www.ci.orono.mn.us/Planning%20&%20Zoninq/I nformation%20Sheets/Hardcover%201nfor
mation.pdf
What are the setbacks for the site? LR-1 C Zoning District
Front yard, side yard? 30 feet front; 10 feet side
-Wetland setbacks? Code 78-1601 addresses wetlands (please refer to the attached .pdf
document), but it appears that there are no wetlands on this property
-Lakeshore setbacks? 75 feet from OHWL and average lakeshore setback
What is considered the front of the house-the street side, or the lakeside? On lakeshore
properties, the lake is the front
What is the maximum sq. ftg. for detached living quarters? Requires a CUP 78-348(8)(a) (please
refer to the attached .pdf document)and all regular lot requirements need to be met
Accessory structures? See 78-1433 to 78-1439 on Accessory Structures (please refer to the
attached .pdf document)
Thanks,
Shea Selly
Sh:�rratt Desi�;n R Cnmpan�
464 Second Street, Suite 100
Excelsior, MN 55331
Main: 952-470-9750
Direct: 952-767-5850
, Page 1 of 1
,
Christine Mattson
From: Planning [Planning@ci.orono.mn.us]
Sent: Wednesday, July 16, 2008 10:51 AM
To: Christine Mattson
Subject: FW: Orono Building codes
-------------------------------------------
From: Shea Selly[SMTP:SALBRECHT@SHARRATTDESIGN.COM]
Sent: Wednesday, July 16, 2008 10:49:33 AM
To: Planning
Subject: Orono Building codes
Auto forwarded by a Rule
I was wondering if someone could point me in the right direction on your website as to find some information
about Orono's building codes.
I am starting a new project, address is 2660 Casco Point Rd, Orono, and have some questions before we begin.
Some questions include:
How is the maximum building height calculated?
What is included/ not included in the hardcover calculations? (decks, overhangs-can the overhangs encroach
the setback?)
What are the setbacks for the site?
Front yard, side yard?
-Wetland setbacks?
-Lakeshore setbacks?
What is considered the front of the house-the street side, or the lakeside?
What is the maximum sq. ftg. for detached living quarters?
Accessory structures?
, Thanks,
Shea Selly
Sharratt Desi�;n �� Comp�n�
464 Second Street, Suite ]00
Excelsior, MN 553�1
Main: 952-470-9750
Direct: 952-767-5850
Fax: 952-767-5851
7/17/2008
, , Hennepin County Property Map Print Page 1 of 1
Hennepin County Property Map - Tax Year: 2008
The data contained on this page is derive0 from a compilation of remrds and maps and may contain dlscrepancies that[an only be dlsdosed by an accurate survey pertormed by a licensed
land surveyor.The perimeter and area(square footage and acres)are approximates and may contain discrepancies.The inPormation on this page should be used for reference purposes only.
Hennepin County tloes not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives.
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Selected Parcel Data Date Printed: 7/16/2008 2:22:37 PM
Parcel ID: 20-117-23-24-0002 Current Parcel Date: 7/4/2008
Owner Name: FLOYD L&DIANE E HAIR
Parcel Address: 2660 CASCO POINT RD,ORONO, MN 55391
Property Type: RESIDENTIAL LAK Sale Price: $490,000.00
Homestead: HOMESTEAD Sale Date: 10/1997
Area (sqft): 47426 Sale Code:
Area (acres): 1.09
A-T-B: BOTH
Market Total: $1,397,000.00
Tax Total: $10,480.86
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http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=2011723240002 7/16/2008
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Sec. 78-1433. Height restrictions.
No accessory building in an R district shall exceed the height of the principal building, nor shall an
accessory building exceed 30 feet in height.
(Code 1984, § 10.03(9)(B))
Sec. 78-1434. Area restrictions.
In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except
that accessory structures in excess of 1,000 square feet will be allowed under the following conditions:
(1) Not more than one oversized accessory structure (OAS) shall be permitted on any
property. An oversized accessory structure is defined as an accessory structure of
footprint area in excess of 1,000 square feet, except that the following nonroofed
accessory structures which exceed 1,000 square feet footprint area are not considered
as oversize accessory structures, but are subject to the special setback restrictions of
section 78-1404:
a. Tennis courts.
b. Pools, when pool basin structure (excluding nonencroachment-type patios) is
greater than 1,000 square feet.
c. Paddocks or arenas.
(2) Oversized accessory structures are regulated by the following table:
Lot Area (acres) Maximum Individual Maximum Allowed
Accessory Structure Total of All Accessory
Footprint Area Structure Footprint
(square feet) Areas'`on a Property
s uare feet
0--1.99 1,000 2,000
2.00--3.00 1,200 2,400
3.01--3.50 1,400 2,800
3.51--4.00 1,600 3,200
4.01--4.50 1,800 3,600
4.51--5.00 2,000 4,000
5.01--6.00 2,200 4,400
6.01--7.00 2,400 4,800
7.01--8.00 2,600 5,200
8.01--9.00 2,800 5,600
9.01 or more 3,000 6,000
* Excluding nonroofed tennis courts, pools, paddocks, arenas.
(3) Any oversize accessory structure shall be subject to the following conditions:
a. No such accessory structure shall be located within a required yard area
(principal structure setbacks must be met). Further, no such structure shall be
nearer the front lot line than the front line of the principal residence on the
property, and no such accessory structure shall be located less than 30 feet from
the side or rear lot line regardless whether less strict principal structure setbacks
apply.
b. The maximum height for such accessory structure shall be 30 feet or the defined
height of the principal residence structure on the property, whichever is less.
c. Such structure shall be allowed only when the property owner agrees and
covenants in writing with the city as follows:
1. No future subdivision will be approved that places the structure within a
lot that has no principal structure, except that the city in its subdivision
approval may grant a finite time period in which the oversized accessory
structure may remain without a principal structure, in order that a
principal structure may be constructed. At the end of this time period, the
oversized accessory structure must be removed if no principal structure
has been constructed.
2. If the property is subdivided, the oversize accessory structure and
principal structure will be located together within a lot that meets the
minimum lot area requirement for the given size of accessory building.
3. In subdivision approval, the setback required for the oversize accessory
structure shall remain.
Such covenant shall be binding on current and future property owners and shall
be filed in the chain of title of the property.
(Code 1984, § 10.03(9)(C))
Sec. 78-1435. Location.
No detached garages or other accessory building shall be located nearer the front or street lot
line than the principal building on that lot except on lots which have frontage on a lake and rear yard
adjacent to a street, accessory buildings located within the street or rear yards of such lots are subject to
the setback requirements of section 78-305(b), section 78-330(b) and section 78-350(b); except that
detached garages may be located ten feet from the street or rear lot line when doors face away from the
street and a turnaround is provided on the site. This section shall not apply to lakeshore lots divided by
roadways or corner lots.
(1) Location of principal building to lakeshore. No principal building shall be located closer
than 75 feet to the natural ordinary high water mark of a lake abutting the property. This
lakeshore setback shali be determined as the mean horizontal distance between the
natural ordinary high water mark on the lakeshore and the allowable building line.
(2) Variance from lakeshore setback. Any application for a variance from the requirements of
subsection (1) of this section shall be referred to the Minnehaha Creek Watershed District
for its approval before final action by the council.
(Code 1984, § 10.03(9)(D))
Sec. 78-1436. Setbacks.
Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square
feet footprint area shall be located at least 15 feet from any lot line.
(Code 1984, § 10.03(9)(E))
Sec. 78-1437. Plumbing.
Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has
the potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to
limit residential development density to the allowed densities within the respective zoning districts,
plumbing in accessory buildings shall be regulated as follows:
(1) The provision of outside sillcocks and indoor water supply shall be allowed in any
accessory building that is conforming in location, size and height.
(2) Installation of any combination of fixtures requiring wastewater plumbing that does not
include a toilet, shower or bathtub shall be allowed in any accessory building that is
conforming in location, size and height with, subject to provision of municipal sanitary
sewer or a conforming sewage treatment system designed to handle the anticipated
flows from such fixtures, and subject to the property owner's executing a covenant
providing that the accessory building will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed
by this Code.
b. Used as a dwelling unless a guest house conditional use permit is obtained.
c. Rented, leased or otherwise provided for use as a dwelling under any
circumstances.
(3) Installation of any combination of fixtures requiring wastewater plumbing that includes a
toilet, shower or bathtub shall be allowed only in an accessory building that is conforming
in location, size and height and which meets one of the following criteria:
a. The accessory building has been approved for a guest house conditional use
permit; or
b. The accessory building has been approved for a plumbing in accessory building
conditional use permit.
(Ord. No. 179 2nd series, § 1, 10-12-1998)
Sec. 78-1438. Crowding principal building.
No accessory building or structure, unless an integral part of the principal building, shall be
erected, altered or moved within ten feet of the principal building, nor within ten feet of another accessory
structure.
(Code 1984, § 10.03(12))
Sec. 78-1439. Garages.
Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more
from the property line when the doors face on a public alley or street.
(Code 1984, § 10.03(13))
Secs. 78-1440--78-1465. Reserved.
ARTICLE IV. DISTRICT REGULATIONS Page 1 of 2
Sec. 78-348. Conditional uses.
Within any LR-1C one-family lakeshore residential district, no structure or land shall be used for
the following uses without a conditional use permit:
(1) Public schools and parochial or private schools which teach a curriculum similar to a
public school, provided no building shall be located within 50 feet of any lot line of an
abutting lot in an R district and a fence is erected 15 feet or more from all street lot lines
where the abutting use is for open play, and nursery schools providing 50 square feet of
playground space per pupil.
(2) Uses accessory to a high school. The following uses are accessory to a high school
use and require a separate conditional use permit:
Indoor ice arenas. All such facilities and structures shall be located on the same tax
parcel as the principal high school use to which they are accessory. No such structures
shall be located less than 50 feet from any lot line of an abutting lot in an R district. Such
facilities shall not be separated from the principal high school use by a public road. All
such facilities shall be owned and operated by the school district, or by a nonprofit
organization under a land lease arrangement with the school district. The developer of
such a facility, prior to final conditional use permit approval by the city council, shall
demonstrate financial capability to complete construction of the facility, by providing
suitable documentation that at least 80 percent of the estimated project costs are in the
control of the school district or the nonprofit lessee.
(3) Churches, including those related structures located on the same site which are an
integral part of the church proper, and convents or homes for persons related to a
religious function on the same site, provided no building other than a residence shall be
located within 50 feet of any lot line of an abutting lot in an R district.
(4) Golf courses, country clubs, tennis clubs, public swimming pools serving more than
one family, scout camps, YMCA camps, YWCA camps, church camps, or private
nonprofit parks, playgrounds and other similar uses. The principal structure for any of
these uses shall be 100 feet or more from any abutting lot in an R district, and accessory
structures shall be a minimum of 50 feet from any lot line.
(5) Public service structures, including but not limited to electric transmission lines,
buildings, such as telephone exchange stations, booster or pressure regulating stations,
wells and plumbing stations, elevated tanks, lift stations and electrical power
substations, provided no building shall be located within 50 feet from any lot line of an
abutting lot in an R district. Prior to granting such permit it shall be found that the
architectural design of service structures is compatible to the neighborhood inwhich it is
to be located and thus will promote the general welfare. Public service structures that
have been approved by the city at required public hearings for public improvements
projects shall not require a conditional use permit, but such structures shall be subject to
all other appropriate standards set forth in this section; amendments to approved plans
involving design and/or placement of these structures will require written notice by the
city to all affected property owners 14 days prior to the adoption of the amended plans
by the council. Personal wireless services and commercial broadcasting antennas and
towers shall not be considered public service structures.
(6) Commercial greenhouses, provided all outside storage is fenced in such a manner
so as to screen the stored material from view when observed from the public street or
adjoining lot. Commercial greenhouse structures shall not be located in a required yard
area and are subject further to the general requirements of this chapter pertaining to
accessory structures.
(7) Private gun clubs, archery ranges, and ski slides, provided the area is fenced and
http://library3.municode.com/default/DocView/13094/1/109/113 7/17/2008
, ARTICLE IV. DISTRICT REGULATIONS Page 2 of 2
no part of the principal use is less than 150 feet from any lot line.
(8) Guest houses and nonrental guest apartments.
a. Guest houses. A separate dwelling constructed on an existing undivided lot
for the sole use of the occupants of the principal buildings, including their
domestic employees or their nonpaying guests. All regular lot requirements shall
be met by the guest house.
http://library3.municode.com/default/DocView/13094/U109/113 7/17/2008
, ARTICLE XI. WETLANDS PROTECTION Page 1 of 12
ARTICLE XI. WETLANDS PROTECTION
DIVISION 1. GENERALLY
Sec. 78-1601. Purpose and intent.
(a) The purpose of this section is to recognize, preserve and protect the environmental,
aesthetic and hydrologic functions of the city's wetlands by regulating the use of wetlands and
their adjacent properties in conjunction with the goals of the environmental protection plan within
the community management plan. These functions include, but are not limited to, sediment
control, pollution control, filtration, fish and wildlife habitat and aquifer recharge. The surface
water management plan will provide guidance for stormwater treatment requirements and
wetland restoration opportunities in order to protect the integrity of wetlands.
(b) The intent of this section is to protect wetlands to the maximum extent possible while
allowing a reasonable use of the property. This section adopts the regulations and standards of
the Wetland Conservation Act of 1991 (WCA), Laws of Minnesota 1991, chapter 354, as
amended, and the rules adopted pursuant to the WCA. It also establishes a wetland overlay
district. This overlay district further regulates the underlying land use as allowed by other
districts or the WCA.
(c) This article applies to, and wetland buffer areas must be created or existing buffer areas
must be maintained around, a protected wetland located partially within, wholly within, or directly
adjacent to the property in the following situations:
(1) When the wetland is required to be replaced or restored, or when the wetland is
being altered;
(2) When new development occurs. For purposes of this subsection, new development
means:
a. Any subdivision that creates a new lot that has no principal structure on it;
b. Construction of a principal structure on an existing vacant parcel of land;
(3) When redevelopment occurs that has the potential to adversely impact a wetland.
For purposes of this subsection redevelopment means the removal of the principal
structure to the extent of more than 50 percent of its market value and volume and
reconstruction on the same property. This requirement does not apply if construction is
the result of less than 75 percent of the building being damaged by an involuntary force,
such as fire, wind, or vandalism;
(4) When any construction or land alteration activity that does not fall within the
meaning of'redevelopmenY has the potential to adversely impact a wetland.
For purposes of this section, "the potential to adversely impact a wetland" exists when all
of the following three conditions exist:
a. The portion of the property disturbed by construction or land alteration activity
drains to the wetland; and
b. The amount of grading exceeds 50 cubic yards or the construction activity
involves the disturbance of more than 5,000 square feet of area; and
c. The redevelopment activity results in a net increase in the square footage of
impervious surfaces that drain to the wetland, or results in the relocation of
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, .ARTICLE XL WETLANDS PROTECTION Page 2 of 12
impervious surfaces closer to the wetland, or results in changes to drainage
patterns (slopes, meander patterns, etc) that the city engineer determines will
increase the velocity or rate of runoff to the wetland. .
For new development, all wetlands on the property shall be subject to the buffer
requirements. For redevelopment or other grading or construction situations that are not
new development, only the wetland that is potentially adversely impacted shall be
subject to the buffer requirement. In the event that the wetland is on an adjacent
property but near enough to the subject property so that buffers to said wetland would
extend into the subject property, the buffer requirements apply.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
DIVISION 2. DESIGNATION OF PROTECTED WETLANDS
Sec. 78-1602. Wetland types.
The wetlands protected and regulated by this section are types 1, 2, 3, 4, 5, 6, 7, and 8
wetlands, as defined in circular 39, "Wetlands of the United States", 1971 edition, United States
Department of the Interior, unless the wetland is within a shoreland district in which case the more
restrictive rules regarding setbacks would apply. Protected wetlands are further defined as follows:
(1) Type 1--Seasonally flooded basins or floodplains: Type 1 wetlands are seasonally
flooded basins or flats in which soil is covered with water or is waterlogged during
variable seasonal periods but usually is well-drained during much of the growing season.
Type 1 wetlands are located in depressions and in overflow bottom lands along water
courses. Vegetation varies greatly according to the season and duration of the flooding,
and includes bottom land hardwoods, as well as herbaceous plants.
(2) Type 2--Inland fresh meadow.� Occurs along the shallow edges of lakes, marshes
and floodplains, or in perched depressions. The soil is usually without standing water
during much of the growing season, but is waterlogged within at least a few inches of the
surface. Vegetation includes grasses, sedges, rushes and various herbaceous plants.
(3) Type 3--Inland shallow fresh marsh: Soil is usually water logged during the growing
season, often covered with as much as six inches or more of water. Vegetation includes
grasses, bulrushes, cattails, arrowheads, smartweeds and other emergent aquatic
vegetation.
(4) Type 4--Inland deep fresh marsh: Soil covered with six inches to three feet or more
of water during growing season. Vegetation includes cattails, reeds, bulrushes and wild
rice. Open water areas may contain pondweeds, naiads, coontail, water milfoils and
other submergent aquatic vegetation.
(5) Type S--Inland open fresh water. Water is usually less than ten feet deep and is
fringed by a border of emergent vegetation. Vegetation includes pondweeds, naiads,
coontail, water milfoils and other submergent aquatic vegetation.
(6) Type 6--Shrub swamp: Occurs along sluggish streams or on floodplains. The soil is
usually waterlogged during the growing season, and is often covered with as much as
six inches of water. Vegetation includes alder, willow and dogwood.
(7) Type 7--Wooded swamp: Occurs along sluggish streams, on floodplains, on flat
perched depressions and in shallow lake basins. The soil is waterlogged to within a few
inches of its surface during the growing season and is often covered with as much as
one foot of water. Vegetation typical to this wetland includes tamarack, white cedar,
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, ARTICLE XI. WETLANDS PROTECTION Page 3 of 12
black spruce, balsam fir, red maple and black ash.
(8) Type 8--Bog: Occurs along sluggish streams, on flat perched depressions and
shallow lake basins. The soil is waterlogged and supports a spongy covering of mosses.
Vegetation typical to this wetland type includes sphagnum moss, heath shrubs and
sedges. Minnesota bogs contain leatherleaf, Labrador tea, cranberries and pitcher
plants. Scattered stunted black spruce and tamarack also are common features of bogs.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1603. Boundaries of the wetland overlay districts and designation of official city
wetland map.
This section establishes wetland overlay districts. These districts are subject to additional
requirements beyond those required by the WCA. The boundaries of the wetland overlay districts are
identified graphically on the official city wetland map (CWM) which is hereby adopted by reference, a
copy of which shall be kept on file in the office of the city clerk and shall be available for public review
during all normal office hours. Wetlands in addition to those shown on the city wetland map may exist,
and may be identified by wetland delineations under WCA rules. If a specific wetland delineation has
been done under WCA rules, then the boundaries of the wetland overlay district for that location will be
as shown in the delineation. The city may require wetland delineations to determine compliance with
WCA rules and to determine administrative wetland boundaries; however, property owners may have
wetland delineations done for their properties on their own initiative. The delineation must be done by a
qualifiedprofessional according to WCA rules and be acceptable to the planning director, who may
require review by city consultants or a technical evaluation panel if necessary. Approved WCA wetland
delineations must be provided to the city in a hard copy format and a CAD or GIS format in Hennepin
County coordinates. The planning director will have the approved WCA wetland delineations shown on
the official city wetland map. Public waters are not included in the overlay district, unless a wetland is
part of a public water.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1604. Interpretation of wetlands boundaries.
Whenever a wetland boundary is disputed or uncertain, the planning director may require the
submission of a registered survey of the property and field staking showing the city-designated wetland
contour or a delineation of the wetland, and such other information as the director may require in order
to resolve the dispute or uncertainty. The planning director may require review by city consultants or a
technical evaluation panel if necessary. No boundary change may be authorized on the basis of fill that
was placed on the site after the city designated the area as part of the wetland overlay district. Persons
aggrieved by a decision of the planning director may appeal such decision in accordance with the
provisions of section 78-99 of this chapter and the WCA rules.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
DIVISION 3. BUFFER AREAS
Sec. 78-1605. Wetland buffer areas.
(a) This subsection establishes requirements for wetland buffer areas around protected
wetlands. Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer
areas protect the edge of wetlands from erosion while filtering sediment, chemicals and other
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nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity
and health of a wetland environment while reducing the adverse impacts of human activities.
(b) Buffer areas regulated by this section are areas of vegetative cover that are upland of the
wetland edge, and that occur in a natural condition or through restoration. Buffer areas consist
of shrubbery and trees, native grasses and/or forbs that are not mowed, fertilized or manicured
in any manner. Mowing, fertilizing, manicuring, or vegetation removal within a buffer area is not
allowed unless the city has issued a permit for such activity in conjunction with an approved
buffer management plan.
(1) Acceptable buffer areas shall have the following qualities:
a. A continuous dense layer of perennial grasses that have been uncultivated or
unbroken for at least ten consecutive years, or
b. An over story of trees and/or shrubs with at least 80 percent canopy closure
that have been uncultivated or unbroken for at least ten consecutive years, or
c. A mixture of the plant communities described in a. and b. above, which have
been uncultivated or unbroken for at least ten consecutive years.
(2) Unacceptable buffer areas have the following qualities, including but not limited to:
a. Undesirable plant species (including but not limited to reed canary grass,
common buckthorn, purple loosestrife, leafy spurge and noxious weeds), or
b. Lacking a layer of organic thatch or duff, or
c. Topography which tends to channelize the flow of surface runoff, or
d. Is characteristically unlikely to retain nutrients and sediment.
(3) Buffer areas which have been broken or cultivated within the past ten consecutive
years must be restored to a condition consistent with an acceptable buffer area defined
in section 78-1605(b)(1), a restoration or landscape plan must be submitted to the
planning director, which restoration shall include, replanting and maintaining according
to each of the following guidelines:
a. Buffer areas shall be planted with a seed mix containing 100 percent
perennial native plant species, except for a one-time planting of an annual nurse
or cover crop such as oats or rye.
b. The seed mix to be used shall consist of at least 12 pounds pure live seed
(PLS) per acre of native prairie grass seed and five pounds PLS per acre of
native forbs. Native prairie grass and native forb mixes shall contain no fewer
than four and five species respectively.
c. The annual nurse or cover crop shall be applied at a rate of 20 pounds per
acre.
d. Native shrubs and or trees may be used in addition to forbs and grasses.
Shrubs shall be distributed so as to provide a natural appearance and shall not
be planted in rows.
e. Native prairie grasses and forbs shall be planted by a qualified contractor.
f. No fertilizer shall be used in establishing new buffer zones, except on highly
disturbed sites when deemed necessary to establish acceptable buffer
vegetation and then limited to amounts indicated by an accredited soil testing
laboratory.
g. All seeded areas shall be mulched immediately with clean straw at a rate of
one and one-half tons per acre. Mulch shall be anchored with a disk or tackifier.
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h. Buffer areas (both natural and created), shall be protected by silt fence during
construction and the fence shall remain in place until the area crop is
established, and at that time the fence shall be removed.
(c) Buffer area widths will be based on the wetland protection strategies established in the
Orono Surface Water Management Plan (SWMP) (December 2002). A protection classification
has been assigned to each wetland in Orono based on the stormwater susceptibility and
functional assessment for each wetland. The four protection classifications are described as
follows:
TABLE INSET:
Protection Susceptibility
Classification Rating Description
Highly Highly susceptible to both quantity and quality impacts from
"Preserve" Susceptible runoff; have the highest degree of protection
Moderately Moderately susceptible to quantity and quality impacts;
"Manage 1" Susceptible protection is less stringent than Preserve, provides
protection to maintain their characteristics
Slightly Less stringent protection than Manage 1 wetlands;
"Manage 2" Susceptible maintenance of characteristics is desirable
Least Wetlands are significantly degraded (e.g., cultivated or
"Manage 3" Susceptible canary grass monotype) or lack of wetland characteristics;
not typically impacted by runoff; no quantity and only limited
quality treatment of runoff is required
The protection classification for each wetland will be found on the "Wetland Management
Classification Map & List" which is hereby adopted by reference, a copy of which shall be kept
on file in the office of the city clerk and shall be available for public review during all normal
office hours. The following are the required buffer area widths for each protection classification:
TABLE INSET:
Width of
Buffer
Protection Area Additional Protection Requirements
Classification from (B = Bounce = Change in water level due to runoff event)
Wetland (P = Phosphorus)
Boundary
B: Maintain bounce at or below existing conditions
"Preserve" 50 feet P: Limit loadings to predevelopment loading (0.14
Lbs./Ac/Yr)
B: Maintain bounce at or below existing conditions plus 0.5
"Manage 1" 35 feet foot
P: Limit loadings to predevelopment loadings times 2 (0.28
Lbs/Ac/Yr)
B: Maintain bounce at or below existing conditions plus 1.0
foot
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"Manage 2" 25 feet P� Limit concentration to predevelopment concentrations
(200 ppb)
"Manage 3" 16.5 feet B� No quantity requirement
P: Limit concentration to 225 ppb
(d) In cases of new development or redevelopment the city shall require that vegetation in the
wetland buffer be installed prior to the issuance of the certificate of occupancy. The city may
waive this requirement in lieu of a cash escrow or letter of credit equal to 150 percent of the cost
to install the required buffer.
(e) The city may allow the disturbance of an existing buffer area during the course of
construction activity. This disturbance must be kept to a minimum, soils must be decompacted
to a level that will accommodate root growth, and the buffer area must be re-established as
required by the city. The city will determine the amount of allowable disturbance. The city may
require a cash escrow or letter of credit equal to 150 percent of the cost to re-establish the
buffer to its original condition.
(fl The city may require buffer area planting and maintenance when the city determines that
there is inadequate vegetation in the buffer area to meet the intent of this section. The city may
require a cash escrow or letter of credit equal to 150 percent of the estimated cost of the
vegetation and installation. The escrow or letter of credit must be valid for up to two years and
may be used by the city to replace any vegetation that dies.
(g) The affected property owner or homeowner association that is responsible for the
maintenance must:
(1) Maintain and repair damage to buffer areas from such activities as mowing, cutting,
grading or other prohibited activities, unless mowing is approved by the city as a buffer
management plan. Permission must be obtained from the city before implementing
buffer management plans, which may include mowing, burning, and the use of
herbicides.
(2) Maintain only the permitted vegetation in the buffer area and must remove all
noxious weeds and invasive, non-native species such as European buckthorn, upon
obtaining a vegetation removal permit from the city in conjunction with an approved
buffer management plan.
(3) Ensure that all soil surfaces in the buffer area are planted with the permitted
vegetation and that there is no open soil surface that may result in erosion.
(4) Ensure that livestock or other domesticated animals which have the potential to
permanently disturb the buffer area by compaction or vegetation removal be kept from
entering the buffer area and wetland by a fence or other suitable means.
(h) The final upslope edge of the buffer shall be provided to the city in a hard copy and in a
CAD or GIS format in Hennepin County coordinates.
(i) Golf course partial exemption. Public and private golf courses existing and in operation on
the date of adoption of this article shall be allowed a partial exemption from buffer creation and
maintenance requirements with regards to mowing or cutting buffer vegetation in areas subject
to golf play, subject to the following:
(1) At such time that this article requires establishment of a buffer, applicant shall
submit a certificate of survey identifying the location, size and type of the wetland for
which buffer exemption is requested.
(2) Applicant shall submit a buffer management plan for city council approval,
identifying those areas where exemption is requested and providing for alternative
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methods of wetland protection equivalent to an unmowed buffer.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
DIVISION 4. USES
Sec. 78-1606. Permitted uses.
(a) Within the wetland overlay districts no land may be used except for one or more of the
following uses:
(1) Native wetland vegetation, provided that no change is made to the ground
elevation;
(2) Wildlife and nature preserves;
(3) Overhead utility lines and poles that are less than two feet in diameter;
(4) Docks which provide reasonable access to the lakeshore and do not exceed eight
feet in width;
(5) Public and private flood control structures, ponding and drainage facilities and
associated accessory appurtenances as approved by the city; or
(6) Environmental monitoring or control facilities, including those related to water quality
and wildlife regulation.
(b) Within wetland buffer areas no land may be used except for one or more of the following
uses:
(1) Native vegetation, provided that no change is made to the ground elevation;
(2) Wildlife and nature preserves;
(3) Boardwalks, docks or other reasonable access to the wetland not exceeding eight
feet in width, poles that are less than two feet in diameter to be used for boardwalks and
bridges;
(4) Public and private flood control structures, ponding and drainage facilities and
associated accessory appurtenances as approved by the city;
(5) Environmental monitoring or control facilities, including those related to water quality
and wildlife regulation;
(6) Overhead utility poles and lines that are less then two feet in diameter, under-
ground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory
signs, mailboxes and other equipment that provides an essential public service;
(7) Retaining walls if the city determines that the retaining wall will protect the wetland
from conditions of erosion, when approved as part of a wetland permit application.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1607. Conditional uses.
(a) Within the wetland overlay districts and the wetland buffer areas no land may be used for
the following except by conditional use permit and except in conformance with the standards
specified in section 78-1608 of this article:
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(1) Private and public recreational uses, including golf courses, impervious trails, picnic
grounds and boat ramps;
(2) Public utilities, including necessary structures;
(3) Other non-structural facilities similar to those permitted by this section which also
meet the intent of this section, as determined by the city; or
(4) Public structures associated with recreational uses permitted by this section or by
section 78-1606 of this section that are designed in an environmentally sensitive manner
and will withstand periodic flooding, except for structures designed or used for habitation
or the storage of equipment.
(5) Unpaved hiking, skiing and horseback riding trails which comply with WCA
standards.
(b) No conditional use permit will be granted unless its approval will not adversely impact
wetlands, the wetland buffer area, and surrounding properties, the intent of this article or the
goals and policies of the community management plan. If applicable, granting of a conditional
use permit will be conditioned upon approval of the request by ail other appropriate regulatory
governmental agencies, including but not limited to the Minnehaha Creek Watershed District
(MCWD), the Lake Minnetonka Conservation District (LMCD), or the Minnesota Department of
Natural Resources.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
DIVISION 5. STANDARDS FOR THE WETLAND OVERLAY DISTRICT, BUFFER AREAS
AND NEIGHBORING LANDS
Sec. 78-1608. Standards.
The following standards apply to all land within the wetland overlay districts, wetland buffer
areas, and to neighboring lands:
(1) Protection of wetlands and wetland buffer areas.
a. Except as modified or regulated by the standards of this subsection, all
requirements of the underlying zoning district apply.
b. No structures are allowed in the wetland overlay districts, or wetland buffer
area except those allowed as of right or by conditional use permit by sections 78-
1606 or 78-1607 of this article.
c. Activities including, but not limited to, building (other than a boardwalk or
dock), paving, mowing, vegetation removal, filling, dumping, yard waste disposal
or fertilizer application are prohibited, except that certain such activities may be
permitted when approved by the city as a buffer management plan. Invasive non-
native vegetation, such as European buckthorn and noxious weeds, may be
removed by obtaining a vegetation removal permit from the city.
d. Before grading or construction near a wetland overlay district or buffer area,
the owner or contractor must place erosion control fencing on the upland side of
the perimeter of the wetland overlay district or wetland buffer area, which ever is
more restrictive, or as required by the city. This fencing must remain in place until
all development activities that may affect the wetland and the wetland buffer area
have been finished and adequate vegetative cover has been established at
which time the fencing must be removed.
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e. All structures must have a minimum basement floor elevation not less than
one foot above the 100-year flood elevation.
f. All hard-surface runoff must be treated in accordance with the requirements of
the city and the appropriate watershed district. Treatment may include site
retention, skimmers, weirs or sedimentation ponds of appropriate scale.
Structures and ponds serving this purpose must be properly maintained and
serviced by the property owner.
g. Discharge into the wetlands must occur at a rate no greater than allowed by
the city engineer in accordance with the city's surface water management plan
and the appropriate MCWD requirements.
(2) Setbacks.
a. All buildings (principal and accessory), must be setback at least 20 feet from
the upslope edge of the wetland buffer. Exceptions: Play structures (including
sport court type structures), grade-level decks, patio slabs, driveways, sidewalks
and parking lots.
b. A setback from the buffer area is not required for overhead utility poles and
lines that are less than two feet in diameter, underground utility lines and
distribution equipment, light poles, traffic signals, traffic regulatory signs,
mailboxes, entrance monuments meeting section 78-1405(8) and other
equipment that provides an essential public service.
c. A setback from the buffer area is not required for fences or retaining walls.
(3) Nonconformities.
a. Effect of wetland boundary expansion. An existing structure, driveway or
parking area meeting the required setback from a city-designated wetland
boundary or buffer area is considered a legal nonconforming development if a
later wetland delineation or implementation of a wetland buffer shows that the
wetland or its buffer is closer than the required setback.
b. Existing nonconformities. An existing structure, driveway or parking area that
does not meet the required setback from a city-designated wetland boundary or
buffer area, is considered a legal nonconforming development.
c. Avoiding future nonconformities. In order to avoid the creation of future
nonconformities, in situations where development, redevelopment or construction
activity does not trigger the establishment of a buffer, the following setbacks shall
apply:
1. All new buildings shall maintain a setback from a delineated wetland
boundary equivalent to the width of the buffer area per the chart in section
78-1605(c) plus the required 20 foot buffer setback.
2. All new non-structural impervious surfaces and those structures listed
as exceptions in section 78-1608(2)(a) above shall maintain a setback
from the delineated wetland boundary equivalent to the width of the buffer
area per the chart in [section] 78-1605(c).
d. Buffer flexibility. Where existing structures or surfaces are located within an
area that would be required for establishment of a buffer under this article,
alternative methods of wetland protection may be approved by the city council to
avoid creating unreasonable impacts on the existing use of a property. Such
methods may include but are not limited to buffer width averaging, redirection of
drainage to an area where buffer is feasible, use of rain gardens, cisterns or rain
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barrels, etc.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1609. Removal of lands from the wetlands overlay district.
(a) Removal of wetlands from a wetland overlay district (i.e. by filling, etc) requires a zoning
amendment and an amendment of the official city wetland map. The amendments must be
made pursuant to the provisions of section 78-43 of this chapter and WCA replacement rules.
These amendments must be consistent with the purpose of this article, the city's surface water
management plan and the goals and policies of the community management plan. In
determining the appropriateness of a rezoning request, the city council will consider the size of
the wetland overlay district, the magnitude of the area proposed for removal, hydrological and
ecological effects and the type and function of wetlands involved in order to provide the
maximum feasible protection.
(b) Wetlands within an overlay district may only be removed according to WCA rules and if at
least an equal area of wetland replacement is created to compensate for the wetland being
filled. Unless otherwise approved by the city council, compensatory wetland area must be
provided within Orono and within the same subwatershed (Painter's Creek, Long Lake Creek,
Classen Creek, Lake Minnetonka) as the wetland being altered, if available.
(c) In addition to application requirements, the city may require submission and approval of the
following information:
(1) A copy of the wetland replacement plan application submitted to the MCWD;
(2) A concept plan showing the ultimate use of the property;
(3) A grading plan, in hard copy format and a CAD or GIS format in Hennepin County
coordinates, with appropriate drainage calculations and erosion controls prepared by a
registered engineer;
(4) A landscaping or revegetation plan;
(5) Such other information as may be necessary or convenient to evaluate the
proposed permit; and
(6) A MnRAM assessment approved by the MCWD.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1610. Alteration of wetlands.
(a) No alteration of land within a wetland overlay district or a wetland buffer is allowed without
a wetlands alteration permit, subject to recommendation by the planning commission and
approval of the city council. The planning commission must hold a public hearing after notifying
the property owners within 350 feet of the property on which the proposed alteration will occur.
Activities that constitute an alteration regulated by this section include changes to the size,
depth or contour of the wetlands or itsbuffer, dredging, or alterations of wetlands or buffer
vegetation. Alterations do not include wetland planting or the selective clearing or pruning of
trees or vegetation that are dead, diseased, noxious weeds or similar hazards. A wetland
alteration permit is not required when a wetland district is rezoned to another zoning
classification.
(b) Alteration of land within a wetland overlay district will only be allowed if water storage is
provided in an amount compensatory to that removed. Unless otherwise approved by the city
council, compensatory wetland area must be provided within the same subwatershed district as
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the wetland being altered. In determining the appropriateness of an alteration request, the city
council will consider the size of the total wetland district, the magnitude of the area proposed for
alteration, the aesthetic, hydrological and ecological effect, the type and function of wetlands
involved, and such other factors as may be appropriate in order to provide the maximum
feasible protection to the wetlands. Application for a wetlands alteration permit must be
accompanied by such information as required by the city, including:
(1) A copy of the wetland replacement plan application submitted to the MCWD;
(2) A concept plan showing the ultimate use of the property;
(3) A grading plan, in hard copy format and a CAD or GIS format in Hennepin County
coordinates, with appropriate drainage calculations and erosion controls prepared by a
registered engineer;
(4) A landscaping or revegetation plan;
(5) Such other information as may be necessary or convenient to evaluate the
proposed permit; and
(6) A MnRAM assessment approved by the MCWD.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1611. Public control of wetlands.
(a) The city council may require that the owner of any property affected by this article must
establish wetland and buffer area easements or restrictive covenants to be recorded within the
property's chain of title. These easements or covenants must describe the boundaries of the
wetland and buffer area; document the obligations of the property owner with regards to the
wetland buffer; and prohibit any building, paving, mowing (unless approved as a buffer
management plan), cutting, filling, dumping, yard wastedisposal or fertilizer application within
the wetland and the buffer area. The owner or developer must record these easements or
covenants with the final plat, with deeds from a lot division or, if no subdivision is involved,
before the city issues a grading permit or building permit for an affected property. The applicant
must submit evidence that the easement or covenant has been submitted to the county for
recording.
(b) If the city council does not require an easement or covenant, the city may record a notice of
the wetland and buffer area requirements against the property. The property owner must still
comply with the requirements of this section.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1612. Wetland buffer markers.
When new development or redevelopment results in multifamily residential or a business use,
the developer must place markers at the upland boundary of the wetland buffer edge at least every 200
feet, subject to city approval. The developer must submit a location plan in hard copy format and a CAD
or GIS format in Hennepin County coordinates and must use uniform markers provided by the city. The
city will charge a reasonable cost for the markers and approve the location of the markers prior to
installation.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1613. Violations.
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Violation of the provisions of this article or failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with grants of variances or
conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
Sec. 78-1614. Authority/enforcement actions.
Nothing herein contained shall prevent the city from taking such other lawful action as is
necessary to prevent or remedy any violation. Such actions may include but are not limited to:
(1) In responding to a suspected article violation, the planning director and the city may
utilize the full array of enforcement actions available to it including but not limited to
prosecution and fines, injunctions, after-the-fact permits, and/or orders for corrective
measures to the guilty party.
(2) When an article violation is either discovered by or brought to the attention of the
planning director, the planning director shall immediately investigate the situation and
document the nature and extent of the violation of the official control. As soon as is
reasonably possible, this information will be submitted to the MCWD along with the
community's plan of action to correct the violation to the degree possible.
(3) The planning director shall notify the suspected party of the requirements of this
article and all other official controls and the nature and extent of the suspected violation
of these controls. If the structure and/or use is under construction or development, the
planning director may order the construction or development immediately halted until a
proper permit or approval is granted by the community. If the construction or
development is already completed, then the planning director may either: (1) issuean
order identifying the corrective actions that must be made within a specified time period
to bring the use or structure into compliance with the official controls; or (2) notify the
responsible party to apply for an after-the-fact permit/development approval within a
specified period of time not to exceed 30-days.
(4) If the responsible party does not appropriately respond to the planning director
within the specified period of time, each additional day that lapses shall constitute an
additional violation of this article and shall be prosecuted accordingly. The planning
director shall also upon the lapse of the specified response period notify the landowner
to restore the land to the condition which existed prior to the violation of this article.
(Ord. No. 28 3rd series, § 1, 8-22-2005)
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