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Agenda for Council Meeting Set for Monday, November 22, 2010, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
Directions: www.yahoo.com/maps - 952-249-4600 / www.ci.orono.mn.us
Roll Call
Pledge of Allegiance
Consent Agenda
1. Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted
upon by one motion by the City Council under this section of the agenda. Items on the Consent
Agenda are reviewed in total by the City Council and may be approved through one motion with no
further discussion by the Council. Any item may be removed by any Council Member, staff
member or person from the public for separate consideration. If you wish to remove any item from
the Consent Agenda, please state the item number and description of the item. Memos regarding
each of the Agenda items are available in the Public Packet - located in the lobby near the sign in
sheet.
Approval of Minutes
* 2. Regular Council Meeting of November 8, 2010
* 3. Canvassing Board Meeting of November 8, 2010
Planning Commission Comments – Jon Schwingler, Representative
Public Comments – (Limit 5 Minutes Per Person)
Planning Department Report
* 4. Joint Use Dock Survey Policy – Resolution
5. #10-3454 City of Orono, Zoning Text Amendment – Conditional Uses in the Single Family
Zoning Districts – Ordinance
6. #10-3490 John F. Roedel, 4725 North Shore Drive – After-the-Fact Conditional Use Permit –
Resolution
7. #10-3492 Amend Municipal Code Section 78-128 – Ordinance
8. #10-3493 Good Shepherd Lutheran Church, 3745 Shoreline Drive – Conditional Use Permit
Columbarium – Public Hearing
9. #10-3494 WJM Properties, LLC, 2605 Wayzata Boulevard West – Conditional Use Permit
Renewal for Industrial Site Plan Approval – Public Hearing – Resolution
Mayor/Council Report
City Engineer’s Report
City Administrator's Report
10. VFW Display Request
11. Continued Participation in Metropolitan Livable Communities Program – Resolution
12. Vacancy on City Council
13. Adopt Fund Balance Policy – Resolution
14. Amend Municipal Code Section 2-173 and Close Fund 229 Community Investment Fund – Ordinance
Agenda for Council Meeting Set for Monday, November 22, 2010, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
Directions: www.yahoo.com/maps - 952-249-4600 / www.ci.orono.mn.us
and Resolution
15. Close Fund 227 Improvement Equipment Outlay Fund – Resolution
16. Liquidation of Forfeited Vehicle
17. Liquidation of Kustom Radar Trailer
18. Authorization to Purchase Kustom Signal Radar Trailer
City Attorney's Report
19. Licenses & Permits
2011 Liquor License Renewals
* 20. Bills
Upcoming Issues and Events
2010
11/22 – Planning Commission Interviews, Monday, 6:20 p.m.
11/22 – Council Meeting, Monday, 7:00 p.m.
11/23 – Council Work Session, Tuesday, 3:00 p.m. – 7:00 p.m.
11/25 – HOLIDAY, Observance of Thanksgiving Day
11/26 – HOLIDAY, Observance of Thanksgiving Day
12/01 – Planning Commission Work Session, Tuesday, 5:30 p.m.
12/06 – Council Meeting/Truth-in-Taxation Hearing, Monday, 7:00 p.m.
12/13 – Council Meeting, Monday, 7:00 p.m.
12/14 – Council Work Session, Tuesday, 6:30 p.m.
12/24 – HOLIDAY, Observance of Christmas, Friday
12/31 – HOLIDAY, Observance of New Year’s Day, Friday
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 8, 2010
7:00 o’clock p.m.
______________________________________________________________________________________
Page 1 of 13
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
James White, Council Members James Murphy, Cynthia Bremer, Lili McMillan, and Doug Franchot.
Representing Staff were City Administrator Jessica Loftus, City Attorney Soren Mattick, Finance Director
Ron Olson, City Clerk Lin Vee, Assistant City Administrator of Long-Term Strategic Planning Mike
Gaffron, Planning Coordinator Melanie Curtis, City Engineer Tom Kellogg, and Recorder Jackie Young.
Mayor James White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item Nos. 7 and 14 were added to the Consent Agenda.
Murphy moved, Franchot seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF OCTOBER 25, 2010
Murphy moved, Franchot seconded, to approve the minutes of the Orono City Council meeting of
October 25, 2010, as submitted. VOTE: Ayes 5, Nays 0.
*3. COUNCIL WORK SESSION OF OCTOBER 26, 2010
Murphy moved, Franchot seconded, to approve the minutes of the Orono City Council work session
of October 26, 2010, as submitted. VOTE: Ayes 5, Nays 0.
SALE OF BONDS
4. PUBLIC HEARING, 7:00 P.M. – APPROVE CAPITAL IMPROVEMENT PLAN FOR
BUILDINGS AND CONFIRM INTENT TO ISSUE BONDS – RESOLUTION NO.
This item follows the LMCD report.
5. PUBLIC HEARING, 7:05 P.M., PROVIDE FOR SALE OF BONDS (STREET
RECONSTRUCTION PLAN) – RESOLUTION NO.
This item follows the LMCD report.
6. SALE OF GENERAL OBLIGATION STREET RECONSTRUCTION, STATE-AID AND
CAPITAL IMPROVEMENT BONDS – RESOLUTION NO.
This item follows the LMCD report.
Item #02 - CC Agenda - 11/22/2010
Approval of Council Minutes 11/08/2010 [Page 1 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 8, 2010
7:00 o’clock p.m.
______________________________________________________________________________________
Page 2 of 13
LMCD REPORT – ANDREW MCDERMOTT, REPRESENTATIVE
McDermott reported that the LMCD has prepared their 2009 annual report, which was compiled at the end
of August. The LMCD began approximately a decade ago with the goal to clean up and regulate the use of
Lake Minnetonka as well as to develop a comprehensive program to eliminate pollution. The organization
has evolved throughout the years and it is now involved with BWIs, boat density regulations, prevention of
the introduction of new AISs. In addition, since the early 2000s, regulations have been adopted for
licensing and permitting of a number of activities.
There are approximately 105,000 people around Lake Minnetonka, which consists of 125 miles, 14,000
acres of surface water, 42 bays, and 10 public access ramps. Boat inspections are being concentrated on
nine of the public access ramps at the present time.
The vision of the LMCD is to protect and preserve Lake Minnetonka. The Mission Statement of the
organization is to provide leadership in protecting, improving and managing Lake Minnetonka. This is
accomplished through administrative oversight and regulations, promotion of cooperation and partnerships;
through innovation and education; and effective stewardship of public and private funds.
The LMCD has a number of standing committees, consisting of the AIS Task Force, Ordinance Review
Committee, Save the Lake Committee, Public Safety Committee, and Environmental Committee. One of
the 2009 programs and activities include the harvesting program. In 2009, 227 loads were harvested on
approximately 309 total acres. The milfoil budget was approximately $100,000 in 2009, which was
reduced somewhat in 2010. In addition, in 2010 the LMCD helped coordinate the herbicide treatment
program and a report should be received from the Army Corps of Engineers by the end of the year on how
the program is going.
The LMCD has also implemented watercraft inspections to prevent the introduction of new AIS into the
bays. The LMCD has contracted with the MN DNR since 2002, with the goal being to reduce the amount
of new AISs in Lake Minnetonka. Approximately $35,000 was spent on this project, with some money
coming from the DNR, LMCD, and LMA.
McDermott noted the LMCD did have a video monitoring program on some of the docks, which was
dropped this year since it did not prove to be effective and the LMCD had no authority to prosecute people.
The LMCD also helps to ensure that its ordinances and policies are relevant and enforceable. The LMCD
is actively trying to enforce regulations regarding watercraft storage. There have been a number of
complaints regarding multiple docks in 2010. The LMCD will typically send a maximum of three letters to
the property owner asking them to comply with the regulations. If no action is taken by the property
owner, the LMCD will file an action in court, with court and prosecution fees being requested to cover
expenses.
It is the goal of the LMCD to maintain a strong financial foundation. The main funding arm for the LMCD
after municipal funding is the Save the Lake Fund and grants. The LMCD will be pursuing more grants in
2011.
McDermott stated safety is a primary focus on the LMCD and they work closely with the water patrol.
Patrol hours on Lake Minnetonka were up from 3280 to 4000. Boating while intoxicated arrests were up
substantially in 2009, along with careless boating arrests and personal floatation violations.
Item #02 - CC Agenda - 11/22/2010
Approval of Council Minutes 11/08/2010 [Page 2 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 8, 2010
7:00 o’clock p.m.
______________________________________________________________________________________
Page 3 of 13
(LMCD REPORT, Continued)
The LMCD is also expanding the solar light program, which lights all the navigation buoys on the lake.
The program has been highly successful, and the LMCD is in the process of increasing the number of buoy
lights on the lake. Steps are also being taken to improve public awareness of the LMCD through
newsletters, LMCD’s website, and broadcasting of LMCD Board of Directors meetings.
2010 goals include reducing the levels of existing AISs, preventing the introduction of new AISs, ensuring
that LMCD ordinances and policies are relevant and enforceable, maintaining a strong financial foundation,
promoting public access to Lake Minnetonka, and ensuring that Lake Minnetonka is safe and protected.
McDermott reported the dam has been closed a little earlier this year due to the water level.
SALE OF BONDS
4. PUBLIC HEARING, 7:00 P.M. – APPROVE CAPITAL IMPROVEMENT PLAN FOR
BUILDINGS AND CONFIRM INTENT TO ISSUE BONDS – RESOLUTION NO. 5986
Olson stated action is required by the City Council to refinance the bonds that were used to finance the
Navarre Fire Station. These bonds were originally issued by the Orono Housing and Redevelopment
Authority. Because the first station is currently owed by the HRA, the City will need to exercise its
purchase option under its lease agreement with the HRA.
Mayor White opened the public hearing at 7:18 p.m.
There were no public comments regarding this item.
Mayor White closed the public hearing at 7:20 p.m.
Franchot asked whether the $35,000 is the total amount of anticipated savings.
Olson indicated it is the total amount for the four years for this bond.
Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5986, a Resolution Approving
Capital Improvement Plan for Buildings and Confirming Intent to Issue Bonds. VOTE: Ayes 5,
Nays 0.
5. PUBLIC HEARING, 7:05 P.M., PROVIDE FOR SALE OF BONDS (STREET
RECONSTRUCTION PLAN) – RESOLUTION NO. 5987
Olson noted the reconstruction of Orono Orchard Road is included in the 5-year street reconstruction plan
that was approved by the City Council in January 2009. As part of the street reconstruction plan, funding
for the project is identified as being through the issuance of $1,500,000 in bonds.
Mayor White opened the public hearing at 7:21 p.m.
There were no public comments regarding this item.
Item #02 - CC Agenda - 11/22/2010
Approval of Council Minutes 11/08/2010 [Page 3 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 8, 2010
7:00 o’clock p.m.
______________________________________________________________________________________
Page 4 of 13
(5. PUBLIC HEARING, 7:05 P.M., PROVIDE FOR SALE OF BONDS (STREET
RECONSTRUCTION PLAN), Continued)
Mayor White closed the public hearing at 7:21 p.m.
McMillan asked when the road would be completed.
Olson indicated the plan is that the road would be completed by 2012. Olson noted they are working with
the Metropolitan Council on the improvements.
Murphy noted the Metropolitan Council has expressed interest in doing some infrastructure work at the
same time, which will help offset some of the costs.
Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 5987, a Resolution Providing for
Sale of Bonds. VOTE: Ayes 5, Nays 0.
6. SALE OF GENERAL OBLIGATION STREET RECONSTRUCTION, STATE-AID AND
CAPITAL IMPROVEMENT BONDS – RESOLUTION NO. 5988
Olson stated this is a combination of the projects included in the first two public hearings along with the
Old Crystal Bay Road project. Funding for both of these projects will require the issuance of bonds and
will increase the overall debt level of the city by $3,200,000. In addition to these bonds, the City can
realize interest savings of $35,000 by refunding the 2004 fire hall/equipment bonds. The issuance of
capital improvements bonds will not increase the overall debt of the City. By combining all three bond
issues into a single larger sale, the City can reduce issuance costs and attract more buyers, which should
result in better interest rates.
Murphy noted he spoke with Mike Bash earlier today and was advised that the Orono School District has
found a way to fund the sidewalk on the west side of the road.
Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5988, a Resolution Providing for
the Sale of $1,500,000 General Obligation Street Reconstruction Bonds, Series 2010A; $1,700,000
General Obligation State-Aid Bonds, Series 2010B; $1,275,000 General Obligation Capital
Improvement Bonds, Series 2010C. VOTE: Ayes 5, Nays 0.
PLANNING COMMISSION COMMENTS – DENISE LESKINEN, REPRESENTATIVE
Leskinen stated she had nothing to report but would be available for questions.
PUBLIC COMMENTS
None
Item #02 - CC Agenda - 11/22/2010
Approval of Council Minutes 11/08/2010 [Page 4 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 8, 2010
7:00 o’clock p.m.
______________________________________________________________________________________
Page 5 of 13
CITY ENGINEER’S REPORT
*7. REQUEST TO OPT OUT OF ASSESSMENT FOR NORRTH FARM ROAD SEWER
IMPROVEMENTS
Murphy moved, Franchot seconded, to approve the request from Philip Kaufman, 1680 North Farm
Road, to opt out of the North Farm Road Sewer Improvement assessment. VOTE: Ayes 5, Nays 0.
8. FOREST LAKE DRIVE/FOREST ARMS JOINT DOCK – DRAINAGE AND SILTATION
ISSUE
Gaffron stated the siltation problem was first brought to the attention of Staff in February 1993 and was
discussed approximately one month ago. A city storm sewer carries sediment-laden runoff from Forest
Lake Drive toward the lake through a pipe along the boundary between two private properties, and where
the pipe discharges, the sediment settles out in a small delta and is causing some problems as it relates to
the docks. In 1993 this became an issue for the Forest Arms Association because the LMCD would not
approve their request to expand the sizes of their joint dock slips. The alternative was to reconfigure the
docks to take advantage of the area near the shore, but this is where the water depth was reduced due to
siltation.
It was determined that a two-part solution would be necessary: First, to remove the accumulated sediment
from the lake bottom and constructing a sedimentation basin on land, requiring easements from the
association and/or the adjacent neighbors. It was noted that this type of project was not currently funded,
but would be a candidate for funding if the City created a storm water utility at some future time. Council
reviewed the matter on April 12, 1993, and tabled it for additional information. By July 1993, the
Association’s concern waned due to high water levels and because they had reached an agreement with the
LMCD regarding dock layout.
The issue again arose in 1998, brought forward by the Kalweits, the adjoining property owners. The City
responded by suggesting that the neighborhood petition for an assessment project as there was no city
funding available. No petition was submitted.
Kellogg noted the City recently received final approval for their Surface Water management Plan from the
Minnehaha Creek Watershed District. In the SWMP is a 10-year CIP that includes storm water
improvement projects to be completed over the next twenty years. The estimated cost of those
improvements exceeds the funding the City currently anticipates generating from their storm water utility
fund over that time period. For that reason, the City will need to prioritize the projects they complete over
the next years.
At this point it is difficult to determine an estimated project cost without further investigation. It appears
that the City does not own any land outside of a street right-of-way in the area and that any BMP
installation would require cooperation from the Forest Arms Association or neighboring properties.
Additionally, dredging will require permits from the Minnesota DNR, LMCD, the MPCA, and the MCWD.
It is likely testing of the sediments will also be required and it may turn out that the dredging will need to
be disposed of at a regulated landfill depending on the testing results.
Previously funding for an improvement project to resolve these issues involved assessing the residents
within the drainage area. Since this item was last reviewed by the Council, the City has created a storm
Item #02 - CC Agenda - 11/22/2010
Approval of Council Minutes 11/08/2010 [Page 5 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 8, 2010
7:00 o’clock p.m.
______________________________________________________________________________________
Page 6 of 13
(8. FOREST LAKE DRIVE/FOREST ARMS JOINT DOCK – DRAINAGE AND SILTATION
ISSUE, Continued)
water utility. Funds in this utility are meant to be used for storm water improvement projects of a regional
nature. It is likely this project could be funded form the storm water utility and/or assessing for the
improvements.
Kellogg noted that while the storm water and sediment issues related to the Forest Arms Homeowners
Association have previously been brought to the Council’s attention, further work is needed to quantify the
limits and cost of the project. That work would include surveying, quantifying the volume of sediment
removal, testing the sediments, and preparing a preliminary design to establish a cost estimate. Once that
work is completed, the City should review this project along with the storm water projects previously
identified in the SWMP CIP to prioritize what projects should be completed sooner than later.
Kellogg noted no survey work has been completed to date and that the estimated cost to complete the
further work would not exceed $3,500 in consultant’s time. Laboratory testing of sediments would be an
additional fee based on actual lab charges.
Murphy asked whether the homeowners association is in favor of the project.
Tom Barrett, 941 North Arm Drive, requested the City Council move forward with the work to identify
what the contaminants are and to conduct survey work. Barrett asked whether the pipe is coming off of
County Road 151.
Kellogg indicated he does not believe so, and that when they looked at the manhole, they found one
discharge point going downstream. The Public Works Department is not aware of anything upstream.
Barrett noted the drawing shows a drainage easement all the way down.
Kellogg pointed out the drawing depicts rights-of-way and not easements, but that those are questions that
would be answered with the survey work.
White noted this expenditure will come out of the storm water utility fund.
Gaffron stated the current fund balance is approximately $600,000 and that approximately one-third of
those funds would be allocated for various street projects.
Franchot asked if the $3500 consulting fee would be similar in nature to the other projects or whether this is
an unusual charge.
Kellogg indicated it would depend on the project and that some of the other projects identified in the CIP
could possibly be funded with grants. Kellogg stated the survey work is necessary to identify the scope of
the project.
McMillan asked if there is enough land down by the lake that can be used to remediate the problem.
Kellogg stated if the Forest Arms Homeowners Association is willing to work with the City, they would be
able to construct a 90’ x 30’ swale with a dry retention basin. That swale and basin would need to be
Item #02 - CC Agenda - 11/22/2010
Approval of Council Minutes 11/08/2010 [Page 6 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 8, 2010
7:00 o’clock p.m.
______________________________________________________________________________________
Page 7 of 13
(8. FOREST LAKE DRIVE/FOREST ARMS JOINT DOCK – DRAINAGE AND SILTATION
ISSUE, Continued)
maintained every five years. Another option would be to install a catch basin upstream to help eliminate
some of the sediments.
McMillan moved, Murphy seconded, to direct Staff to conduct further survey work, not to exceed
$3,500. VOTE: Ayes 5, Nays 0.
(Tom Kellogg leaves the meeting at 7:42 p.m.)
PLANNING DEPARTMENT REPORT
9. CITY OF ORONO – POLICY FOR JOINT USE DOCK SURVEYS
Curtis stated since 1984, the City of Orono has required that all users of a joint use dock obtain an annual
joint use dock license. In 2008, Staff conducted as assessment of the license information on file for each of
the joint use dock users which revealed a number of the files containing very old, incomplete or inaccurate
sketches, site plans, or surveys. The decision was made to require a current survey showing the existing
conditions of the property and dock configuration for the 2009 license year. The requirement for a survey
dating 2007 or newer was based on the City having already received a 2007 survey from one of the
licensees.
In the 2009 license year, the licensees were notified of the new survey requirement. The current surveys
would provide the City with an inventory and a record of what exists on the land. Staff inspections will be
conducted in subsequent license years to assure compliance with this survey. If changes are observed,
depending on what those changes are, updated information will be requested. In order to clarify the survey
requirements, Staff is proposing the adoption of the following survey policy.
An updated survey dated 2007 or later shall be required for approval of an annual JUD license. Upon
receipt of the acceptable survey, a site inspection will be performed annually, in the fall, and photos will be
taken to document the site. This survey will be acceptable for licensure of the JUD. Subsequent updated
surveys will be required in 10-year increments. However, if, upon inspection, the conditions on the site
have changed, an updated survey will be required for the upcoming license year.
Changes constituting the need for an updated survey include, but are not limited to: new structures; change
in location of structures or storage area; additional, new docks or change in docks; slips; buoys, launching
ramps; parking areas; access areas; steps; pathways; new hardcover; an increase or change in existing
hardcover; fencing and/or landscaping activities which require a permit.
Changes that are acceptable and would not require an updated survey are: planting trees; plants; shrubs;
picnic tables on grass and fire rings, with no increase in hardcover.
If changes are noted during the fall inspection, the JUD Association contact will be notified that an updated
survey will be required before the next boating season or a JUD license will not be issued. In February
each year the JUD license applications will be mailed for the current boating season with a deadline of
March 15.
Item #02 - CC Agenda - 11/22/2010
Approval of Council Minutes 11/08/2010 [Page 7 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 8, 2010
7:00 o’clock p.m.
______________________________________________________________________________________
Page 8 of 13
(9. CITY OF ORONO – POLICY FOR JOINT USE DOCK SURVEYS, Continued)
Franchot asked why Staff is recommending an updated survey every 10 years. Franchot commented if
there are no changes and Staff is inspecting the site every year, it may not be necessary to have the survey
updated every 10 years.
White commented he is in agreement with that recommendation.
Franchot noted the property owner could also be required to submit a new survey earlier than 10 years if
there are changes and suggested Staff incorporate language that would allow some flexibility in the survey
requirement.
Bremer indicated she also is in agreement with that.
Franchot moved, McMillan seconded, to delete the language requiring updated surveys every 10
years from the policy, and to amend the policy to allow leeway in the requirements for a survey when
deemed appropriate by Staff, and to adopt the proposed language policy for joint use dock survey
requirements. VOTE: Ayes 5, Nays 0.
10. #10-3483 CITY OF ORONO – ZONING AMENDMENT – COLUMBARIUM –
ORDINANCE NO. 79, THIRD SERIES
Curtis stated at the October 25th City Council meeting, the Council reviewed two options for the ordinance;
one which allowed a 5-foot setback for columbaria on all properties or a 5-foot setback from city-owned
parks. The application was tabled to allow more time for Staff to research above-ground columbaria with
respect to setbacks and height limitations as well as look closer into the year-round screening requirements
proposed.
At Council’s direction, Staff has researched the issue of height, setback and screening. Staff is now
proposing additional language which is attached as a draft ordinance. The new language will address
height limitations, a definite setback from the street, and screening where it is deemed appropriate.
The new requirements are as follows:
1. Columbaria will have a limitation of eight feet in height;
2. A 10-foot setback would be required from property lines and from streets for all above ground
columbarium elements;
3. A 5-foot setback would be required from property lines for any below ground columbarium
elements;
4. Columbaria will have a 50-foot setback from adjacent principal structures;
5. Appropriate levels of screening could be determined on a site by site basis with the CUP review.
McMillan asked whether a 50-foot setback is required for an in ground columbarium.
Item #02 - CC Agenda - 11/22/2010
Approval of Council Minutes 11/08/2010 [Page 8 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 8, 2010
7:00 o’clock p.m.
______________________________________________________________________________________
Page 9 of 13
(10. #10-3483 CITY OF ORONO – ZONING AMENDMENT – COLUMBARIUM, Continued)
Curtis indicated that is correct.
McMillan asked what the reasoning was for changing that.
Curtis stated Staff’s interpretation of the discussion at the last City Council meeting was that the at-grade or
below grade gardens did not rise to the level of screening as an above ground structure.
Mattick indicated Staff looked at approximately 10 other communities and that those communities do not
specify columbaria. They basically define cemeteries as a use and columbaria are considered part of that
definition and would require typical structural setbacks. It was Staff’s understanding that the City Council
wanted something more specific to columbaria and they have drafted the ordinance accordingly.
Mattick stated they have included a height limitation of eight feet. The eight foot height limitation was
taken from the City’s non-encroachment portion of the ordinance. Mattick noted that monuments are
limited to eight feet. If eight feet is not sufficient, that can be changed.
Mattick stated the final change was the differentiation between below or at grade columbarium versus the
above ground. Staff decided that above or below ground should require a 5-foot setback and the screening
requirement for below ground columbarium has also been eliminated.
Franchot asked whether the screening requirement would apply to all columbaria.
Mattick stated the screening would apply to all above ground columbaria and that the City Council could
require screening through its conditional use permit process for at-grade or below grade columbaria if they
deem it appropriate.
Franchot commented he would like the ability to require screening if the conditions warrant it.
McMillan stated in her view the 50-foot setback from residential structures should be maintained for both
in ground and above ground columbaria since there will be memorial services and visitors to the site.
Mattick noted the language reads: “Columbaria, provided that all portions of columbaria located at or
above ground shall be located at least five feet from any adjacent property line,” and suggested that the
language contained in letter B be inserted into (18), which would then result in only four criteria in that
section. Mattick noted the ordinance requires the same conditions for each zoning district.
Franchot moved, Murphy seconded, to adopt ORDINANCE NO. 79, Third Series, An Ordinance
Amending the Orono City Code to Provide for Columbaria in Residential Districts R-1A, R-1B, LR-
1A, LR-1B, LR-1C, LR-1C01, RR-1A, RR-1B, RR-1B-1, with the language contained on Page 1, Item
(18) (b) being moved into the section under (18) following the first sentence, with the understanding
that the requirement of a 5- foot setback from any adjacent lot line and a 50-foot setback from any
principal residential structure would remain as requirements for all columbaria. VOTE: Ayes 4,
Nays 0, Bremer Abstained.
Item #02 - CC Agenda - 11/22/2010
Approval of Council Minutes 11/08/2010 [Page 9 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 8, 2010
7:00 o’clock p.m.
______________________________________________________________________________________
Page 10 of 13
11. #10-3493 GOOD SHEPHERD CHURCH – REQUEST TO HOLD PUBLIC HEARING
Curtis stated the Good Shepherd Lutheran Church has submitted an application for a conditional use permit
in order to construct an in-ground inurnment garden on their property. The applicant chose to delay
making an application until the draft ordinance appeared to be in final form in order to have an
understanding of the anticipated conditions of approval. The proposed ordinance allowing columbarium
has been tabled a number of times since it was introduced in August for changes.
At this time the applicant is requesting that the City Council waive the review of the Planning Commission
and hold the public hearing at the November 22nd Council meeting. The Council may waive Planning
Commission review with a unanimous vote. Waiving the public hearing would allow Good Shepherd to
begin construction before the end of the year. In order to do this, Staff recommends approval of the
applicant’s request to waive the Planning Commission’s public hearing and hold the public hearing to
renew the CUP at the November 22nd Council meeting. In anticipation of the Council’s approval, the legal
notice has been sent to the newspaper for publication.
McMillan asked whether the 350 feet notice would still apply.
Curtis stated all the public hearing requirements would be met but that the public hearing would take place
at the City Council level rather than at the Planning Commission level. Curtis noted the words CUP
renewal is a typographical error and that this is not a renewal.
McMillan asked whether this would create a precedent with people attempting to fast track applications at
the end of the year given the fact that there is no Planning Commission meeting in December.
Curtis stated in her view this is a unique situation and that the City Council does have the ability to decline
to hold the public hearing at the City Council level.
Mattick stated in his opinion it would not create a binding precedent on the City Council and that City Code
allows applicants to request the public hearing be held at the City Council level rather than at the Planning
Commission level. Mattick stated the City Council is not bound to approve that request.
McMillan commented she does not want applicants to routinely request that the public hearing be held at
the City Council level. McMillan noted this application has been discussed a number of times in
conjunction with the ordinance that was adopted earlier this evening, but that she wants to avoid a number
of similar requests in the future.
Franchot stated the decision to hold the public hearing at the City Council level is incumbent upon the City
Council and that it would not be a precedent. Franchot noted the Planning Commission actually did look at
the ordinance twice.
Franchot asked whether this application would cause concern among the Planning Commission members.
Leskinen indicated in her view it would not since the Planning Commission was involved in the discussion
of the ordinance on a couple of occasions.
Bremer noted she plans to abstain from voting on any substantive matters as it relates to Good Shepherd
Church, but that in her opinion this is more of a procedural matter and that she would be voting on it.
Item #02 - CC Agenda - 11/22/2010
Approval of Council Minutes 11/08/2010 [Page 10 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 8, 2010
7:00 o’clock p.m.
______________________________________________________________________________________
Page 11 of 13
(11. #10-3493 GOOD SHEPHERD CHURCH – REQUEST TO HOLD PUBLIC HEARING,
Continued)
Mattick indicated since Council Member Bremer does not have a financial interest in Good Shepherd
Church, it would not be a conflict of interest. Mattick noted Bremer does not sit on the Board of Directors
for the church.
McMillan asked how the City Attorney felt on whether the public hearing should be held before the City
Council on applications that the Planning Commission had not heard.
Mattick stated the reason for having a Planning Commission is to allow them to ask questions and for Staff
to get an idea of what they would like to see in an ordinance. Mattick noted the church is an existing use
and will not create additional traffic. The Council is not excluding the public since there will be a public
hearing at the City Council level. If there is a significant amount of public opposition, the City Council
does have the option to refer the matter back to the Planning Commission.
Curtis noted the Code Section is 78-912 rather than 78-122 as stated in the report, but that the same
provision applies to conditional use permits.
McMillan asked whether Good Shepherd has a contractor who is ready to proceed on the project.
Dave Owen indicated they do have a contractor who is ready to commence work.
Franchot moved, White seconded, Application No. 10-3483, Good Shepherd Church, 3745 Shoreline
Drive, to approve the request to waive the public hearing for the Conditional Use Permit review at
the Planning Commission and to hold the public hearing at the November 22nd City Council meeting.
McMillan commented she is hesitant to approve this and would like reassurance that this is not a precedent
setting action. McMillan noted the City has been discussing this ordinance for the past few months.
Mattick stated in his opinion there is no legal precedent that the City Council has to grant a waiver of the
public hearing at the Planning Commission level and that the City Code does have a provision that allows
the waiver based upon Council discretion.
VOTE: Ayes 5, Nays 0.
12. #10-3494 WJM PROPERTIES, LLC – REQUEST TO HOLD PUBLIC HEARING
Bremer moved, Murphy seconded, Application #10-3494, WJM Properties, LLC, 2605 Wayzata
Boulevard, to approve waiving the public hearing for the conditional use permit renewal at the
Planning Commission and to hold the public hearing at the City Council’s November 22, 2010,
meeting. VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
This item follows Item No. 14.
Item #02 - CC Agenda - 11/22/2010
Approval of Council Minutes 11/08/2010 [Page 11 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 8, 2010
7:00 o’clock p.m.
______________________________________________________________________________________
Page 12 of 13
CITY ADMINISTRATOR’S REPORT
13. CONTINUED PARTICIPATION IN METROPOLITAN LIVABLE COMMUNITIES
PROGRAM
Murphy noted this item was tabled to allow the City to contact the Metropolitan Council to have some
questions answered. Murphy indicated he had wanted to avoid a situation where the City signs on to a
program and then later on down the road be tied into the program. Murphy stated the response the City
received from Guy Peterson has addressed his concerns.
McMillan noted a couple of cities have backed out of the program and that she is not sure whether it is
worth it for the City of Orono to participate.
Bremer commented it is difficult for the Council to know what projects may come before them in the future
and that it is possible the City will utilize this program at some point in the future.
White stated it conveys the message that the City of Orono supports the overall goals of the Metropolitan
Council.
Bremer recommended the letter from Guy Peterson be retained in the City files.
Gaffron stated he would bring back an approval resolution to the City Council at their next meeting.
The City Council took no formal action on this item.
*14. DISPOSAL OF UNCLAIMED PROPERTY
Murphy moved, Franchot seconded, to approval the disposal of a men’s gold ring as scrap through
Albers Jewelry for $138.22. VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Murphy congratulated Lili McMillan on being elected to mayor of Orono.
CITY ATTORNEY’S REPORT
The City Attorney had nothing to report.
*15. LICENSES AND PERMITS
There were no licenses.
*16. BILLS
Murphy moved, Franchot seconded, to approve payment of the All Funds account. VOTE: Ayes 5,
Nays 0.
Item #02 - CC Agenda - 11/22/2010
Approval of Council Minutes 11/08/2010 [Page 12 of 13]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 8, 2010
7:00 o’clock p.m.
______________________________________________________________________________________
Page 13 of 13
ADJOURNMENT
Bremer moved, Murphy seconded, to adjourn the Orono City Council meeting at 8:25 p.m. VOTE:
Ayes 5, Nays 0.
ATTEST:
_________________________________________ ________________________________________
Linda S. Vee, City Clerk James M. White, Mayor
Item #02 - CC Agenda - 11/22/2010
Approval of Council Minutes 11/08/2010 [Page 13 of 13]
Item #03 - CC Agenda - 11/22/2010
Approval of Canvassing Board Minutes 11/08/2010
[Page 1 of 1]
Item #04 - CC Agenda - 11/22/2010
Joint Use Dock Survey Policy [Page 1 of 4]
Item #04 - CC Agenda - 11/22/2010
Joint Use Dock Survey Policy [Page 2 of 4]
Item #04 - CC Agenda - 11/22/2010
Joint Use Dock Survey Policy [Page 3 of 4]
Item #04 - CC Agenda - 11/22/2010
Joint Use Dock Survey Policy [Page 4 of 4]
Item #05 - CC Agenda - 11/22/2010
File #10-3454 [Total Pages 151]
Item #05 - CC Agenda - 11/22/2010
File #10-3454 [Total Pages 151]
153661v1 1
ORDINANCE NO. _____, THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE ORONO CITY CODE REGARDING
PERMITTED, CONDITIONAL, AND ACCESSORY USES IN R-1A, R-1B, LR-1A, LR-
1B, LR-1C, LR-1C-1, RR-1A, RR-1B, AND RR-1B-1 RESIDENTIAL DISTRICTS
THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA ORDAINS:
SECTION 1. The following language has been deleted and added to Section 78-1 (Definitions)
of the Orono City Code:
Sec. 78-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning. Unless specifically defined in this section, the words and phrases used in this chapter
shall have the meanings given to them in chapter 82.
Accessory use or structure means a use or structure subordinate to and serving the
principal use or structure on the same lot and customarily incidental to the principal use or
structure.
Agriculture means the utilization of land by raising plants, trees or shrubs or the raising
of domestic animals or fowl, or both, for the purpose of selling to secure a profit.
Airport and heliport mean any land, water or structure which is used or intended for use
for the landing or takeoff of aircraft, and any appurtenant land structure used or intended for use
for port buildings or other port structures or right-of-way.
Alley means a public right-of-way which affords a secondary means of access to abutting
property.
Amusement center means a business at one location devoted primarily to the operation of
amusement machines as described below and open for public use and participation; or 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:
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(1) A machine or electronic contrivance, including “pinball” machines, mechanical
miniature pool tables, bowling machines, shuffle boards, electric rifle or gun
ranges, miniature mechanical and electronic devices and games or amusements
patterned after baseball, basketball, hockey or similar games and like devices,
machines or games which may be played solely for amusement and not as a
gambling device and which devices or games are played by the insertion of a coin
or coins or at a fee fixed and charged by the establishment in which such devices
or machines are located, and which contain no automatic payoff devices for the
return of money, coins, merchandise, checks, tokens or any other thing or item of
value; provided, however, that such machine may be equipped to dispense
nominal prizes, such as candy or toys, or coupons or tokens redeemable for such
prizes. The term does not include coin-operated music machines.
(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
or burro; three sheep; or 50 fowl.
Antenna means any of the following uses, which require an antenna and are subject to the
regulations of this chapter:
(1) 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.
(2) 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.
(3) 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. This
definition shall include 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.
(4) Antenna, shortwave radio transmitting and receiving, means a wire, set of wires
or a device, consisting of a metal, carbon fiber, or other electromagnetically
Item #05 - CC Agenda - 11/22/2010
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153661v1 3
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.
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.
Basement means that portion of a building that is partly or completely below the existing
ground level. A basement shall be considered as a story for purposes of determining the number
of stories in a building, when the finished surface of the floor above the basement is more than
six feet above the existing ground level for more than 50 percent of the basement's perimeter.
The perimeter of the basement does not include portions of the house or garage that do not have
a lower level but are merely "unexcavated". Artificially raising the grade adjacent to the
foundation of a structure (by filling or by a combination of filling and retaining walls) above the
surrounding natural terrain shall not be allowed as a method for converting a defined story to a
defined basement, regardless of any other benefits to the property of such action. Finished grade
that increases more than one foot from existing ground level shall be considered as artificially
raising the grade. However, artificially raising the grade when such action merely restores a
previously excavated site to its original natural grade may used as a method for converting a
defined story to a defined basement.
Basement, walkout, means a basement having an entrance at grade level.
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.
Item #05 - CC Agenda - 11/22/2010
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Building height means the vertical distance between the highest adjoining ground level at
the building 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. For a pitched or hipped roof situation,
regardless whether the highest living space in a building is a half-story or full story, if the highest
living space contains windows (excluding skylights) the upper measuring point for defining
building height shall be the median height of the top of the highest window and the highest peak
of the roof.
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. This definition 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.
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.
City means the City of Orono, Minnesota.
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.
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 section. As used in this ordinance, commercial recreation does not include an adult use
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153661v1 5
defined in section 78-1377b., 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.
Commission means the planning commission.
Crop farm means a parcel of land comprising an area of ten or more acres that are used
for the growing of plants, trees or shrubs with or without profit.
Dwelling means a building or one or more portions of a building designed or 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 wall or walls.
Dwelling, detached, means a dwelling which is entirely surrounded by open space on the
same lot.
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.
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 existing grade of a vacant lot.
Family means an individual; or two or more persons each related by blood, marriage or
adoption, living together as a single housekeeping unit; or a group of not more than four persons
not so related, maintaining a common household.
Family dwelling, multiple, means any structure made up of two or more attached
dwellings.
Farm (crop) means a parcel of land comprising an area of ten or more acres that are in
agricultural use.
Farm (stock) means a parcel of land comprising an area of ten acres or more that is used
to house and feed six or more animals or for the raising of food.
Farm animals means cattle, horses, mules, sheep, goats, llamas, alpacas, swine, ponies,
ducks, geese, turkeys, chickens, guinea hens and honeybees.
Garage, private, means a detached accessory building or portion of the principal
building, including a carport, which is used primarily for storing passenger vehicles, trailers or
one truck of a rated capacity of not more than 1.5 tons.
Item #05 - CC Agenda - 11/22/2010
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Guest apartment means an apartment within a principal residence structure for the sole
use of the occupants of the principal residence, including their domestic employees or their
nonpaying guests, with at least one access door to the apartment from within the principal
structure, such door being the primary access to the apartment.
Guest house means an accessory separate dwelling constructed on an existing undivided
lot for the sole use of the occupants, including their domestic employees or their nonpaying
guests, of the primary dwelling. All regular lot requirements shall be met by the guest house.
Half story means the uppermost floor of a building in which (i) the intersection of the
exterior wall and the roof is not more than three feet above the floor elevation, and (ii) not more
than 60 percent of the floor area within the exterior walls of the uppermost floor exceeds five
feet in height as measured from the floor to the rafters. Floors exceeding these parameters shall
be deemed a full story.
Hard cover means any structure, blacktop or other material which interferes to any
degree with the direct absorption of rainfall into the ground.
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] 78-1376.
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.
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.
Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not
including any area occupied by the waters of a duly recorded lake or river or wetland or area
which has been dedicated as public right-of-way.
Lot, back, means a lot typically separated from a public or private road by another lot and
which gains access to the public or private road via a narrow corridor. Such a separated lot is
considered to be a back lot when the corridor is platted as an outlot. A separated lot is considered
to be a flag lot when the corridor is platted as part of the lot. When the corridor is merely an
easement over another lot, the separated lot is considered to be an easement back lot.
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Lot, corner, means a lot situated at the junction of, and abutting on, two or more
intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the
interior angle of which does not exceed 135 degrees.
Lot depth means the mean horizontal distance between the front lot line and the rear lot
line of a lot.
Lot, front, means a lot abutting a public or private road, across which an outlot has been
platted for access to a back lot.
Lot, interior, means a lot other than a corner lot.
Lot line means the property line bounding a lot; except that where any portion of a lot
extends into the public right-of-way or a proposed public right-of-way, the line of such public
right-of-way shall be the lot line.
Lot line, front, means that boundary of a lot which abuts an existing or dedicated public
or private street, and in the case of a corner lot it shall be the shortest dimension on a public or
private street. If the dimensions of a corner lot are equal, the front lot line shall be designated by
the owner and filed in the office of the building inspector.
Lot line, rear, means that boundary of a lot which is opposite the front lot line. If the rear
lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall
be a line ten feet in length within the lot, parallel to and at the maximum distance from the front
lot line. On a lakeshore lot, the rear lot line is the lot line that is opposite the natural ordinary
high water mark at the lakeshore.
Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.
Lot, lot of record, means any lot for which a deed or registered land survey has been
recorded in the office of the Register of Deeds or the Registrar of Titles for Hennepin County
prior to January 1, 1975, and after approval by the council if required.
Lot, through, means a lot which has a pair of opposite lot lines abutting two substantially
parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot
lines for applying this chapter.
Lot width means the horizontal distance between side lot lines measured at the following
locations:
(1) For lots which do not abut a lake or tributary, at the rear of the required front
yard, measured parallel to the front lot line.
(2) For lots which abut a lake or tributary, at the shoreline measured in a straight line
between the points at which the side lot lines intersect the OHWL, and at the
required structure setback from the OHWL, measured in a straight line between
the points of intersection of the side lot lines with the structure setback line.
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Mobile home means any type of structure or vehicle which can be readily adapted to or
does provide facilities for a person to eat or sleep which is mounted on wheels, has provisions for
wheels, or may be loaded on an ordinary flatbed truck, such as a house trailer, converted bus or
truck, tent or small building.
Motor court, motor hotel, and motel mean a building or group of buildings other than a
hotel used primarily as a temporary residence.
Motor freight terminal means a building or area in which freight brought by motor truck
or railroad is transferred and/or stored for movement in intrastate shipment by motor truck.
Municipal buildings or facilities means only those structures owned and operated by the
city.
Nonconforming structure means any structure legally existing upon January 1, 1975,
which would not conform to the applicable regulations if the structure were to be erected under
the provisions of this chapter.
Nonconforming use means use of land, 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.
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Open sales lot means land devoted to the display of goods for sale, rent, lease or trade
where such goods are not enclosed within a building.
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 this definition.
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 land used for grazing horses, cattle or other domestic animals.
Performance standards means criteria established to control noise, odor, toxic or noxious
matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of
land or buildings.
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. Place of worship does not
include community education or art centers, schools, instructional centers, daycare facilities,
family day shelters, conservatories, convention centers, libraries, museums, residential
dwellings, recreational and entertainment facilities, theaters or social service distribution
facilities.
Public services structures means underground or overhead gas, electrical, steam or water
transmission or distribution systems, collection, communication, supply or disposal systems,
including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic
signals, hydrants or other similar equipment and accessories, but not including buildings or
major structures located above ground level. Personal wireless services and commercial
broadcasting antennas and towers shall not be considered public service structures.
Restaurants (class I) means a restaurant in which food is served to the customer and
consumed by him while seated at a counter or table, and the restaurant does not serve
intoxicating liquor or provide live entertainment. Food is selected by a customer while going
through a serving line and taken to a table for consumption.
Restaurants (class II) means fast food convenience, drive-in and liquor service
restaurants; a restaurant where a majority of customers order and are served their food at a
counter in packages prepared to leave the premises, or to be taken to a table, counter, automobile
or off the premises to be consumed; or a drive-in where most customers consume their food in an
automobile regardless of how it is served; or restaurants which serve intoxicating liquor or have
live entertainment.
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Riding academy means a building, structure or other facility which is used for the
instruction and training in the care and handling of horses, mules, donkeys or ponies for a fee or
other valuable consideration.
Secondary use 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.
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
raids, storms or other emergencies.
Sign means any written announcement, declaration, demonstration, display, illustration,
insignia or illumination used to advertise or promote the interest of any person when displayed or
placed outside in view of the general public, and shall include every detached sign.
Sign, advertising (billboard), means a sign which directs attention to a business,
community service or entertainment not exclusively related to the premises where such sign is
located or to which it is affixed.
Sign, business, means a sign which directs attention to a business or profession conducted
or to a commodity, service or entertainment sold or offered on the premises on which such sign
is located or to which it is affixed.
Sign, business, temporary, means a sign 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
temporary sign may be attached to a principal structure or detached. Such signage shall include
mobile/message board signs, banners and balloons that meet all applicable federal and state
standards.
Sign, flashing, means an illuminated sign on which the artificial light is not maintained
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 used to calculate the
square feet; except that the width of the frame exceeding 12 inches shall constitute advertising
space; or should such letters or graphics be mounted directly on a wall or fascia or in any such
way as to be without a frame, the dimensions for calculating the square footage shall be the area
extended six inches beyond the periphery formed around such letters or graphics bounded by
straight lines connecting the outermost points; and each surface utilized to display a message or
to attract attention shall be measured as a separate sign.
Sign, illuminated, means any sign which has characters, letters, figures, designs or outline
illuminated by electric lights or luminous tubes as a part of the sign proper.
Sign, nameplate, means any sign which states the name or address or both of the business
or occupant of the lot where the sign is placed or may be a directory listing the names, addresses
and business of occupants.
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Sports and health facility means a facility where members or nonmembers pay a fee to
use equipment or space for the purpose of physical exercise or training. A sports and health
facility may include aerobics, weight training, muscular exercise programs, yoga, Pilates, court
games, jogging, or other similar activities. It may provide as an accessory use personal services
to patrons, including but not limited to therapeutic massage, tanning, saunas, and whirlpools.
Stable or barn, private, means a building or structure used or intended to be used for the
keeping of hoofed animals belonging to the occupant of the property, and kept for
noncommercial purposes.
Stable or barn, public, means a building or structure used or intended to be used for
housing of horses, mules, donkeys or ponies which are owned by those other than the occupant
of the property, where animals may be rented for a fee for riding purposes or where riding
lessons may be provided.
Stock farm means a parcel of land comprising an area of ten acres or more that is used to
house and feed any number of farm animals when such farm animals are kept for profit.
Story means that portion of a building included between the upper surface of a floor and
the upper surface of the floor or roof next above. It is measured as the vertical distance from top
to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from
the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top
of the roof rafters. A story that meets the definition of a "basement" shall be considered as a
basement and not as a story for purposes of determining the number of stories in a building.
Street means a dedicated public right-of-way not less than 50 feet in width which affords
a primary means of access to abutting property.
Street or road, private, means any private way set aside as a permanent right-of-way for
vehicular access 50 feet or more in width.
Structure means anything which is built, constructed or erected, an edifice or building of
any kind, or any piece of work artificially built up or composed of parts joined together in some
definite manner, which requires a location on, below or above the ground, land or water, or
attached to something having a location on the ground, land or water.
Study and research center means one or more structures, together with 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 or more nonprofit charitable, scientific or educational organizations, and used primarily as a
center for study, learning, research or educational oriented conferences.
Use means the purpose or activity for which the land or building is designated, arranged
or intended, or for which it is occupied, utilized or maintained, and shall include the performance
of such activity as defined by the performance standards of this chapter.
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Use, accessory, means a use subordinate to the principal use on a lot and exclusively used
for purposes incidental to those of the principal use.
Use, conditional, means those occupations, vocations, skills, arts, businesses, professions
or uses specifically designated in each zoning use district which, for their respective conduct,
exercise or performance in such designated use districts, may require reasonable but special,
peculiar, unusual or extraordinary limitations, facilities, or regulations in such use district for the
promotion or preservation of the general public welfare, health, convenience or safety in such
use and in the city and, therefore, may be permitted in such use district only by a conditional use
permit, which is designed to meet the problem that arises where certain uses, although generally
compatible with the basic use classification of a particular zone, should not be permitted to be
located as a matter of right in every area included within the zone because of hazards inherent in
the use itself or special problems which its proposed location may represent.
Use, permitted, means a use which may be lawfully established in a particular district,
provided it conforms with all requirements, regulations and performance standards (if any) of
such districts.
Use, principal, means the main use of land or buildings as distinguished from subordinate
or accessory uses. A principal use may be either permitted or conditional.
Wholesale greenhouse means an area, building or structure used for the storage,
cultivation or transplantation of live trees, shrubs or plants that are not offered for retail sales on
the premises.
Yard means a required open space on a lot, which is unoccupied and unobstructed by a
structure from its lowest ground level to the sky except as expressly permitted in this chapter. A
yard shall extend along a lot line and at right angles to such lot line to a depth or width specified
in the yard regulations for the district in which such lot is located.
Yard, front, means a yard extending across the front of a lot between the side yard lines
and lying between the front street line of the lot and the required front yard setback line, which
front yard shall be provided on both street frontages of corner lots and double-frontage lots. A
lakeshore lot shall not be considered as having a front yard, but rather shall be considered as
having a lakeshore yard on one side of the building and a rear yard on the other side of the
building.
Yard, lakeshore, means a yard lying between the natural ordinary high water mark on the
lakeshore and the required lakeshore setback line, for the full width of the lot.
Yard, rear, means a yard lying between the required rear yard setback line and rear line
of the lot, for the full width of the lot. On a lakeshore lot, the rear yard shall be the yard which
fronts on the street lying between the street line of the lot and the required rear yard setback line.
Yard requirements means those requirements which relate exclusively to the size of yard
areas when such are required within specific zoning districts.
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Yard, side, means a yard extending along the side lot line between the front and rear
yards, having a width as specified in the yard regulations for the district in which such lot is
located.
Yard, side street, means a side yard abutting a side street.
SECTION 2. The following language has been deleted and added to Section 78-227 (Permitted
Uses) of the Orono City Code is hereby amended as follows:
Sec. 78-227. Permitted uses.
Within any R-1A one-family residential district, no structure or land shall be used except
for one or more of the following uses:
(1) One-family detached dwellingsCity-owned public service structures that have
been approved by the City Council after the required public hearings for public
improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned
for residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the
placement of the structure, notice of the proposed changes shall be mailed
to all property owners within 350 feet of the parcel on which the structure
is to be located. If the proposed structure is to be located within a public
right-of-way, property owners within 350 feet of the structure shall be
mailed notice of the proposed changes. Notice shall be mailed at least 14
days before the council meeting at which the amended plans will be
considered.
(2) Publicly owned parks and playgrounds.
(3)(2) Municipal buildings.
(4)(3) Nonrental guest apartments (no exterior ingress or egress). An apartment within
the principal residence structure on a lot for the sole use of the occupants of the
principal residence, including their domestic employees or nonpaying guests. The
only means of ingress or egress to the apartment shall be from within the principal
structure. Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such apartments
shall not have utilities metered separately from the principal residence utilities
and shall not have a separate street address.
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(4) One-family detached dwellings.
(5) Publicly owned parks and playgrounds.
SECTION 3. The following language has been deleted and added to Section 78-228
(Conditional Uses) of the Orono City Code:
Sec. 78-228. Conditional uses.
Within any R-1A one-family residential district, no structure or land shall be used for the
following uses except by 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 that a fence be 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)(1) Golf courses, country clubs, tennis clubs, public swimming pools serving more
than one family, scout camps, YMCA camps, YWCA non-profit camps, and
religious church camps, or private nonprofit parks, playgrounds and other similar
uses. provided that:
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a. The principal structure for any of these uses shall beall principal buildings
are located at least 100 feet or more from any abutting lot in an R
districtadjacent property zoned for residential use;, and
b. all accessory buildings and structures more than six feet in height are
located at least shall be a minimum of 50 feet from any lot lineany
adjacent property zoned for residential use.
(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 of 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 with the
neighborhood in which it is to be located and thus will promote the general
welfare. Public service structures that have been approved by the city at required
public hearings for public 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 requirements of this chapter
pertaining to accessory structures.
(7) Private gun clubs, archery ranges, and ski slides, provided the area is fenced and
no part of the principal use is less than 150 feet from any lot line.
(8)(2) Guest houses and nonrental guest apartments.
a. Guest houses. Guest houses, provided that: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
non-paying guests. All regular lot requirements shall be met by the guest
house.
1. the lot is at least two times the minimum lot area required by this
section; and
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2. the guest house is for the sole use of the occupants of the principle
dwelling, including their domestic employees and nonpaying
guests.
b. Nonrental guest apartments (exterior ingress and egress allowed). An
apartment within the principal residence structure on a lot for the sole us
of the occupants of the principal residence, including their domestic
employees or nonpaying guests. There shall be at least one access door to
the apartment from within the principal structure, and such door shall be
the primary access to the apartment. The apartment shall be allowed to
have a door for ingress and egress to the exterior of to the building.
Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such
apartments shall not have utilities metered separately from the principal
residence utilities and shall not have a separate street address. Guest
apartments with exterior ingress and egress, provided that:
1. the application for a guest apartment adequately addresses the
concerns of parking, sewage treatment, exterior access method,
and interior access method;
2. there is at least one access door to the apartment from inside the
principal dwelling and this door is the primary means of accessing
the apartment;
3. the guest apartment does not have a separate address;
4. the guest apartment’s utilities are not metered separately from the
principal dwelling; and
5. the guest apartment is for the sole use of the occupants of the
principal dwelling, including their domestic employees and
nonpaying guests.
(3) Places of worship, provided that all buildings and structures, except columbaria,
are located at least 50 feet from any adjacent property zoned for residential use.
(9)(4) Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
(5) Public service structures, provided that:
a. all buildings are located at least 50 feet from any adjacent property zoned
for residential use; and
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b. the architectural design of the structure is compatible with the architectural
design of the surrounding area.
(10) Duplex credit. One duplex may be located as a conditional use upon application,
provided that public sanitary sewer service is available and the lot is adjacent to a
commercial or industrial district, or within 250 feet of the B-3 district, and the
duplex is constructed within 200 feet of the commercial or industrial district.
(11) Apiaries.
(12) Farms (crop and stock) provided the area is ten or more acres.
(13) The keeping of domestic animals for noncommercial purposes, including horses
for the use of the occupants of the premises. A minimum of one acre in aggregate,
exclusive of one acre for the principal building, must be available for each animal
unit, except as set forth in this subsection. A minimum of two acres of open
pasture must be available for a single horse, and one additional acre must be
available for each additional horse. When the horses are kept stabled and do not
require pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage shall not
include wetlands as defined in section 78-1602. Any person keeping such animals
must comply with the provisions of this Code.
(14) Stables and barns, private. The use of an accessory building for keeping animals
for noncommercial purposes, provided it is for the noncommercial use of the
property owner or resident and meets the available area standards outlined in
subsection (13) of this section. Further, no such structure shall be located less than
150 feet from the nearest adjacent residence and no closer than 75 feet from the
nearest lot line.
(15) Stables and barns, public. The use of accessory buildings or land for the storage or
rearing of animals not owned by the property owner or resident. Such use must
meet the requirements of section 78-74. Further, no such structure shall be located
less than 150 feet from the nearest lot line.
(16) Riding academy. Any such instruction maintained as an accessory use and
conducted by the owner shall meet the requirements of subsections (13), (14) and
(15) of this section; and no such instruction shall occur less than 100 feet from an
adjacent residence or less than 75 feet from the nearest lot line.
(17)(6) The pProvision of a bathtub or shower in an accessory building. Approval shall be
conditioned on provision of municipal sanitary sewer or a conforming sewage
treatment system designed to handle the anticipated flows from the building
plumbing. Approval shall be granted only when the following criteria are met:
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a. The council finds that the proposed use of the accessory structure with a
bathtub or shower will not be detrimental to the residential character of the
neighborhood.
b. The council finds that the plumbing fixtures proposed are in keeping with
the intended use of the accessory building.
c. The accessory building is conforming in location, size and height.
d. The property owner agrees to the filing of a covenant in the title of the
property providing that the accessory building will not be:
1. Used for a home occupation unless specifically approved by the
city or if allowed by this Code.
2. Used as a dwelling unless a guest house conditional use permit is
obtained.
3. Rented, leased or otherwise provided for use as a dwelling under
any circumstances.
(7) Schools, Daycare Centers, Uses Accessory to a High School.
a. Pre-kindergarten, primary and secondary public schools and private
schools with a curriculum similar to a pre-kindergarten, primary or
secondary school. Schools may include before and after school care for
students.
b. Daycare centers, nursery schools and similar programs that are not
associated with a public or private school and serve pre-kindergarten
children.
c. Indoor ice arenas accessory to a high school provided the arena, including
accessory uses, is:
1. located on the same tax parcel as the high school to which it is
accessory and is owned by the local school district;
2. not separated from the high school building by a public road;
3. operated by the school district or by a nonprofit organization; and
4. all structures are located at least 50 feet from any adjacent property
zoned for residential use.
(8) Two-family dwelling, provided that:
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a. public sanity sewer service is available;
b. the lot is adjacent to a commercial or industrial parcel;
c. the dwelling is within 200 feet of the commercial or industrial parcel; and
d. the design of the dwelling is compatible with the surrounding residences.
SECTION 4. The following language has been deleted and added to Section 78-229 (Accessory
Uses) of the Orono City Code:
Sec. 78-229. Accessory uses.
Within any R-1A one-family residential district, no accessory structure or use of land
shall be permitted except for one or more of the following uses shall be permitted accessory uses:
(1) Private garages and parking space.Buildings temporarily located for purposes of
construction on the premises for a period not to exceed time necessary for such
constructing.
(2) Private swimming pools, tennis courts, and paddocks.Communication
reception/transmission devices as follows:
a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
that are accessory to the principle use of property are permitted accessory
uses in all zoning districts, provided that they meet the following
conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
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property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a
site plan and structural component data for the accessory antenna,
including details of anchoring. The building official must approve
the plans before installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
(3) Home occupations, as defined in this chapter. All home occupations shall comply
with the provisions of section 78-1376, and the licensing provisions of 26-76,
when applicable.Gardening and other horticultural uses, including aviaries and
decorative landscape features
(4) Signs, as regulated in this chapter.Home occupations, as defined in this chapter.
All home occupations shall comply with the provisions of section 78-1376, and
the licensing provisions of 26-76, when applicable.
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(5) Buildings temporarily located for purposes of construction on the premises for a
period not to exceed time necessary for such constructing.One roadside stand
offering for sale only farm products produced on the premises, provided such
stand does not exceed 200 square feet in area and is located at least 30 feet back
from the public right-of-way.
(6) Gardening and other horticultural uses, including aviaries and decorative
landscape features.Private garages and parking space.
(7) One roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least
30 feet back from the public right-of-way.Private swimming pools, tennis courts,
and paddocks.
(8) Signs, as regulated in this chapter.Communication reception/transmission devices
as follows:
a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
that are accessory to the principle use of property are permitted accessory
uses in all zoning districts, provided that they meet the following
conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a
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site plan and structural component data for the accessory antenna,
including details of anchoring. The building official must approve
the plans before installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
SECTION 5. The following language has been deleted and added to Section 78-252 (Permitted
Uses) of the Orono City Code:
Sec. 78-252. Permitted uses.
Within any R-1B one-family residential district, no land or structures shall be used except
for one or more of the following uses:
(1) One-family detached dwellingsCity-owned public service structures that have
been approved by the City Council after the required public hearings for public
improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned
for residential use.
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b. The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the
placement of the structure, notice of the proposed changes shall be mailed
to all property owners within 350 feet of the parcel on which the structure
is to be located. If the proposed structure is to be located within a public
right-of-way, property owners within 350 feet of the structure shall be
mailed notice of the proposed changes. Notice shall be mailed at least 14
days before the council meeting at which the amended plans will be
considered.
(2) Publicly owned parks and playgrounds.
(3)(2) Municipal buildings.
(4)(3) Nonrental guest apartments (no exterior ingress or egress). An apartment within
the principal residence structure on a lot for the sole use of the occupants of the
principal residence, including their domestic employees or nonpaying guests. The
only means of ingress or egress to the apartment shall be from within the principal
structure. Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such apartments
shall not have utilities metered separately from the principal residence utilities
and shall not have a separate street address.
(4) One-family detached dwellings.
(5) Publicly owned parks and playgrounds.
SECTION 6. The following language has been deleted and added to Section 78-253
(Conditional Uses) of the Orono City Code:
Sec. 78-253. Conditional uses.
Within any R-1B one-family residential district, no structure or land shall be used for the
following uses except by 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 that a fence be 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:
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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)(1) Golf courses, country clubs, tennis clubs, public swimming pools serving more
than one family, scout camps, YMCA camps, YWCA non-profit camps, and
religious church camps, or private nonprofit parks, playgrounds and other similar
uses. provided that:
a. The principal structure for any of these uses shall beall principal buildings
are located at least 100 feet or more from any abutting lot in an R
districtadjacent property zoned for residential use;, and
b. all accessory buildings and structures more than six feet in height are
located at least shall be a minimum of 50 feet from any lot lineany
adjacent property zoned for residential use.
(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 of 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 with the
neighborhood in which it is to be located and thus will promote the general
welfare. Public service structures that have been approved by the city at required
public hearings for public 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.
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(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 requirements of this chapter
pertaining to accessory structures.
(7) Private gun clubs, archery ranges, and ski slides, provided the area is fenced and
no part of the principal use is less than 150 feet from any lot line.
(8)(2) Guest houses and nonrental guest apartments.
a. Guest houses. Guest houses, provided that: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
non-paying guests. All regular lot requirements shall be met by the guest
house.
1. the lot is at least two times the minimum lot area required by this
section; and
2. the guest house is for the sole use of the occupants of the principle
dwelling, including their domestic employees and nonpaying
guests.
b. Nonrental guest apartments (exterior ingress and egress allowed). An
apartment within the principal residence structure on a lot for the sole us
of the occupants of the principal residence, including their domestic
employees or nonpaying guests. There shall be at least one access door to
the apartment from within the principal structure, and such door shall be
the primary access to the apartment. The apartment shall be allowed to
have a door for ingress and egress to the exterior of to the building.
Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such
apartments shall not have utilities metered separately from the principal
residence utilities and shall not have a separate street address. Guest
apartments with exterior ingress and egress, provided that:
1. the application for a guest apartment adequately addresses the
concerns of parking, sewage treatment, exterior access method,
and interior access method;
2. there is at least one access door to the apartment from inside the
principal dwelling and this door is the primary means of accessing
the apartment;
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3. the guest apartment does not have a separate address;
4. the guest apartment’s utilities are not metered separately from the
principal dwelling; and
5. the guest apartment is for the sole use of the occupants of the
principal dwelling, including their domestic employees and
nonpaying guests.
(3) Places of worship, provided that all buildings and structures, except columbaria,
are located at least 50 feet from any adjacent property zoned for residential use.
(9)(4) Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
(5) Public service structures, provided that:
a. all buildings are located at least 50 feet from any adjacent property zoned
for residential use; and
b. the architectural design of the structure is compatible with the architectural
design of the surrounding area.
(10) Duplex credit. One duplex may be located as a conditional use upon application,
provided that public sanitary sewer service is available and the lot is adjacent to a
commercial or industrial district, or within 250 feet of the B-3 district, and the
duplex is constructed within 200 feet of the commercial or industrial district.
(11) Apiaries.
(12) Farms (crop and stock) provided the area is ten or more acres.
(13) The keeping of domestic animals for noncommercial purposes, including horses
for the use of the occupants of the premises. A minimum of one acre in aggregate,
exclusive of one acre for the principal building, must be available for each animal
unit, except as set forth in this subsection. A minimum of two acres of open
pasture must be available for a single horse, and one additional acre must be
available for each additional horse. When the horses are kept stabled and do not
require pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage shall not
include wetlands as defined in section 78-1602. Any person keeping such animals
must comply with the provisions of this Code.
(14) Stables and barns, private. The use of an accessory building for keeping animals
for noncommercial purposes, provided it is for the noncommercial use of the
property owner or resident and meets the available area standards outlined in
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subsection (13) of this section. Further, no such structure shall be located less than
150 feet from the nearest adjacent residence and no closer than 75 feet from the
nearest lot line.
(15) Stables and barns, public. The use of accessory buildings or land for the storage or
rearing of animals not owned by the property owner or resident. Such use must
meet the requirements of section 78-74. Further, no such structure shall be located
less than 150 feet from the nearest lot line.
(16) Riding academy. Any such instruction maintained as an accessory use and
conducted by the owner shall meet the requirements of subsections (13), (14) and
(15) of this section; and no such instruction shall occur less than 100 feet from an
adjacent residence or less than 75 feet from the nearest lot line.
(17)(6) The pProvision of a bathtub or shower in an accessory building. Approval shall be
conditioned on provision of municipal sanitary sewer or a conforming sewage
treatment system designed to handle the anticipated flows from the building
plumbing. Approval shall be granted only when the following criteria are met:
a. The council finds that the proposed use of the accessory structure with a
bathtub or shower will not be detrimental to the residential character of the
neighborhood.
b. The council finds that the plumbing fixtures proposed are in keeping with
the intended use of the accessory building.
c. The accessory building is conforming in location, size and height.
d. The property owner agrees to the filing of a covenant in the title of the
property providing that the accessory building will not be:
1. Used for a home occupation unless specifically approved by the
city or if allowed by this Code.
2. Used as a dwelling unless a guest house conditional use permit is
obtained.
3. Rented, leased or otherwise provided for use as a dwelling under
any circumstances.
(7) Schools, Daycare Centers, Uses Accessory to a High School.
a. Pre-kindergarten, primary and secondary public schools and private
schools with a curriculum similar to a pre-kindergarten, primary or
secondary school. Schools may include before and after school care for
students.
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b. Daycare centers, nursery schools and similar programs that are not
associated with a public or private school and serve pre-kindergarten
children.
c. Indoor ice arenas accessory to a high school provided the arena, including
accessory uses, is:
1. located on the same tax parcel as the high school to which it is
accessory and is owned by the local school district;
2. not separated from the high school building by a public road;
3. operated by the school district or by a nonprofit organization; and
4. all structures are located at least 50 feet from any adjacent property
zoned for residential use.
(8) Two-family dwelling, provided that:
a. public sanity sewer service is available;
b. the lot is adjacent to a commercial or industrial parcel;
c. the dwelling is within 200 feet of the commercial or industrial parcel; and
d. the design of the dwelling is compatible with the surrounding residences.
SECTION 7. The following language has been deleted and added to Section 78-254 (Accessory
Uses) of the Orono City Code:
Sec. 78-254. Accessory uses.
Within any R-1B one-family residential district, the following uses shall be a permitted
accessory uses:
(1) Private garages and parking space.Buildings temporarily located for purposes of
construction on the premises for a period not to exceed time necessary for such
constructing.
(2) Private swimming pools, tennis courts, and paddocks.Communication
reception/transmission devices as follows:
a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
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that are accessory to the principle use of property are permitted accessory
uses in all zoning districts, provided that they meet the following
conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a
site plan and structural component data for the accessory antenna,
including details of anchoring. The building official must approve
the plans before installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
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1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
(3) Home occupations, as defined in this chapter. All home occupations shall comply
with the provisions of section 78-1376, and the licensing provisions of 26-76,
when applicable.Gardening and other horticultural uses, including aviaries and
decorative landscape features
(4) Signs, as regulated in this chapter.Home occupations, as defined in this chapter.
All home occupations shall comply with the provisions of section 78-1376, and
the licensing provisions of 26-76, when applicable.
(5) Buildings temporarily located for purposes of construction on the premises for a
period not to exceed time necessary for such constructing.One roadside stand
offering for sale only farm products produced on the premises, provided such
stand does not exceed 200 square feet in area and is located at least 30 feet back
from the public right-of-way.
(6) Gardening and other horticultural uses, including aviaries and decorative
landscape features.Private garages and parking space.
(7) One roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least
30 feet back from the public right-of-way.Private swimming pools, tennis courts,
and paddocks.
(8) Signs, as regulated in this chapter.Communication reception/transmission devices
as follows:
a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
that are accessory to the principle use of property are permitted accessory
uses in all zoning districts, provided that they meet the following
conditions:
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1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a
site plan and structural component data for the accessory antenna,
including details of anchoring. The building official must approve
the plans before installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
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2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
SECTION 8. The following language has been deleted and added to Section 78-302 (Permitted
Uses) of the Orono City Code:
Sec. 78-302. Permitted uses.
Within the LR-1A one-family lakeshore residential district, no land or structures shall be
used except for one or more of the following uses:
(1) One-family detached dwellingsCity-owned public service structures that have
been approved by the City Council after the required public hearings for public
improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned
for residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the
placement of the structure, notice of the proposed changes shall be mailed
to all property owners within 350 feet of the parcel on which the structure
is to be located. If the proposed structure is to be located within a public
right-of-way, property owners within 350 feet of the structure shall be
mailed notice of the proposed changes. Notice shall be mailed at least 14
days before the council meeting at which the amended plans will be
considered.
(2) Publicly owned parks and playgrounds.
(3)(2) Municipal buildings.
(4)(3) Nonrental guest apartments (no exterior ingress or egress). An apartment within
the principal residence structure on a lot for the sole use of the occupants of the
principal residence, including their domestic employees or nonpaying guests. The
only means of ingress or egress to the apartment shall be from within the principal
structure. Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such apartments
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shall not have utilities metered separately from the principal residence utilities
and shall not have a separate street address.
(4) One-family detached dwellings.
(5) Publicly owned parks and playgrounds.
SECTION 9. The following language has been deleted and added to Section 78-303
(Conditional Uses) of the Orono City Code:
Sec. 78-303. Conditional uses.
Within any LR-1A one-family lakeshore residential district, no structure or land shall be
used for the following uses except by 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 that a fence be 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.Crop farms,
provided that:
a. The area is ten or more acres.
b. There are no dwellings on the land, except for one for the property owner
or the operator of the farm.
c. There are no accessory buildings or structures on the land other than those
allowed for a residential use.
(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.
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(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)(2) Golf courses, country clubs, tennis clubs, public swimming pools serving more
than one family, scout camps, YMCA camps, YWCA non-profit camps, and
religious church camps, or private nonprofit parks, playgrounds and other similar
uses. provided that:
a. The principal structure for any of these uses shall beall principal buildings
are located at least 100 feet or more from any abutting lot in an R
districtadjacent property zoned for residential use;, and
b. all accessory buildings and structures more than six feet in height are
located at least shall be a minimum of 50 feet from any lot lineany
adjacent property zoned for residential use.
(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 of 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 with the
neighborhood in which it is to be located and thus will promote the general
welfare. Public service structures that have been approved by the city at required
public hearings for public 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 requirements of this chapter
pertaining to accessory structures.
(7) Private gun clubs, archery ranges, and ski slides, provided the area is fenced and
no part of the principal use is less than 150 feet from any lot line.
(8)(3) Guest houses and nonrental guest apartments.
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a. Guest houses. Guest houses, provided that: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
non-paying guests. All regular lot requirements shall be met by the guest
house.
1. the lot is at least two times the minimum lot area required by this
section; and
2. the guest house is for the sole use of the occupants of the principle
dwelling, including their domestic employees and nonpaying
guests.
b. Nonrental guest apartments (exterior ingress and egress allowed). An
apartment within the principal residence structure on a lot for the sole us
of the occupants of the principal residence, including their domestic
employees or nonpaying guests. There shall be at least one access door to
the apartment from within the principal structure, and such door shall be
the primary access to the apartment. The apartment shall be allowed to
have a door for ingress and egress to the exterior of to the building.
Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such
apartments shall not have utilities metered separately from the principal
residence utilities and shall not have a separate street address. Guest
apartments with exterior ingress and egress, provided that:
1. the application for a guest apartment adequately addresses the
concerns of parking, sewage treatment, exterior access method,
and interior access method;
2. there is at least one access door to the apartment from inside the
principal dwelling and this door is the primary means of accessing
the apartment;
3. the guest apartment does not have a separate address;
4. the guest apartment’s utilities are not metered separately from the
principal dwelling; and
5. the guest apartment is for the sole use of the occupants of the
principal dwelling, including their domestic employees and
nonpaying guests.
(4) Keeping of farm animals for noncommercial purposes and for the use of the
occupants of premises, provided that:
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1. Where the applicant requests a conditional use permit to keep
horses, there must be at least one acre for the dwelling and two
acres of open pasture for the first horse. If the applicant requests a
conditional use permit to keep more than one horse, the property
must have one additional acre of open pasture for each additional
horse. Calculations of minimum pasture acreage shall not include
any land defined as a wetland or wetland buffer under Section 78-
1602. When horses are kept stabled and do not require pasture for
feed purposes, the minimum pasture requirement may be adjusted
at the discretion of the Council.
2. Where the applicant requests a conditional use permit to keep farm
animals other than horses, there must be at least one acre for the
dwelling and one acre for each animal unit. Calculations of
minimum acreage required shall not include any land defined as a
wetland or wetland buffer under Section 78-1602.
3. Any building or structure associated with the animals is located
more than 150 feet from the nearest adjacent residence and at least
75 feet from the nearest lot line.
4. The use is operated in compliance with Chapter 62, Animals.
(5) Places of worship, provided that all buildings and structures, except columbaria,
are located at least 50 feet from any adjacent property zoned for residential use.
(9)(6) Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
(7) Public service structures, provided that:
a. all buildings are located at least 50 feet from any adjacent property zoned
for residential use; and
b. the architectural design of the structure is compatible with the architectural
design of the surrounding area.
(10) Duplex credit. One duplex may be located as a conditional use upon application,
provided that public sanitary sewer service is available and the lot is adjacent to a
commercial or industrial district, or within 250 feet of the B-3 district, and the
duplex is constructed within 200 feet of the commercial or industrial district.
(11) Apiaries.
(12) Farms (crop and stock) provided the area is ten or more acres.
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(13) The keeping of domestic animals for noncommercial purposes, including horses
for the use of the occupants of the premises. A minimum of one acre in aggregate,
exclusive of one acre for the principal building, must be available for each animal
unit, except as set forth in this subsection. A minimum of two acres of open
pasture must be available for a single horse, and one additional acre must be
available for each additional horse. When the horses are kept stabled and do not
require pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage shall not
include wetlands as defined in section 78-1602. Any person keeping such animals
must comply with the provisions of this Code.
(14) Stables and barns, private. The use of an accessory building for keeping animals
for noncommercial purposes, provided it is for the noncommercial use of the
property owner or resident and meets the available area standards outlined in
subsection (13) of this section. Further, no such structure shall be located less than
150 feet from the nearest adjacent residence and no closer than 75 feet from the
nearest lot line.
(15) Stables and barns, public. The use of accessory buildings or land for the storage or
rearing of animals not owned by the property owner or resident. Such use must
meet the requirements of section 78-74. Further, no such structure shall be located
less than 150 feet from the nearest lot line.
(16) Riding academy. Any such instruction maintained as an accessory use and
conducted by the owner shall meet the requirements of subsections (13), (14) and
(15) of this section; and no such instruction shall occur less than 100 feet from an
adjacent residence or less than 75 feet from the nearest lot line.
(17) (8)The pProvision of a bathtub or shower in an accessory building. Approval shall
be conditioned on provision of municipal sanitary sewer or a conforming sewage
treatment system designed to handle the anticipated flows from the building
plumbing. Approval shall be granted only when the following criteria are met:
a. The council finds that the proposed use of the accessory structure with a
bathtub or shower will not be detrimental to the residential character of the
neighborhood.
b. The council finds that the plumbing fixtures proposed are in keeping with
the intended use of the accessory building.
c. The accessory building is conforming in location, size and height.
d. The property owner agrees to the filing of a covenant in the title of the
property providing that the accessory building will not be:
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1. Used for a home occupation unless specifically approved by the
city or if allowed by this Code.
2. Used as a dwelling unless a guest house conditional use permit is
obtained.
3. Rented, leased or otherwise provided for use as a dwelling under
any circumstances.
(9) Schools, Daycare Centers, Uses Accessory to a High School.
a. Pre-kindergarten, primary and secondary public schools and private
schools with a curriculum similar to a pre-kindergarten, primary or
secondary school. Schools may include before and after school care for
students.
b. Daycare centers, nursery schools and similar programs that are not
associated with a public or private school and serve pre-kindergarten
children.
c. Indoor ice arenas accessory to a high school provided the arena, including
accessory uses, is:
1. located on the same tax parcel as the high school to which it is
accessory and is owned by the local school district;
2. not separated from the high school building by a public road;
3. operated by the school district or by a nonprofit organization; and
4. all structures are located at least 50 feet from any adjacent property
zoned for residential use.
(10) Two-family dwelling, provided that:
a. public sanity sewer service is available;
b. the lot is adjacent to a commercial or industrial parcel;
c. the dwelling is within 200 feet of the commercial or industrial parcel; and
d. the design of the dwelling is compatible with the surrounding residences.
SECTION 10. The following language has been deleted and added to Section 78-304
(Accessory Uses) of the Orono City:
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Sec. 78-304. Accessory uses.
Within any LR-1A one-family lakeshore residential district, the following uses shall be a
permitted accessory uses:
(1) Private docks, subject to this code and other applicable regulations, including boat
storage density requirements.Buildings temporarily located for purposes of
construction on the premises for a period not to exceed time necessary for such
constructing.
(2) Private garages and parking space.Communication reception/transmission devices
as follows:
a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
that are accessory to the principle use of property are permitted accessory
uses in all zoning districts, provided that they meet the following
conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a
site plan and structural component data for the accessory antenna,
including details of anchoring. The building official must approve
the plans before installation.
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6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
(3) Private swimming pools, tennis courts, and paddocks.Gardening and other
horticultural uses, including aviaries and decorative landscape features.
(4) Home occupations, as defined in this chapter. All home occupations shall comply
with the provisions of section 78-1376, and the licensing provisions of 26-76,
when applicable.
(5) Signs, as regulated in this chapter. One roadside stand offering for sale only farm
products produced on the premises, provided such stand does not exceed 200
square feet in area and is located at least 30 feet back from the public right-of-
way.
(6) Buildings temporarily located for purposes of construction on the premises for a
period not to exceed time necessary for such constructing.Private docks, subject
to this code and other applicable regulations, including boat storage density
requirements.
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(7) Gardening and other horticultural uses, including aviaries and decorative
landscape features.Private garages and parking space.
(8) One roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least
30 feet back from the public right-of-way.Private swimming pools, tennis courts,
and paddocks.
(9) Signs, as regulated in this chapter.Communication reception/transmission devices
as follows:
a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
that are accessory to the principle use of property are permitted accessory
uses in all zoning districts, provided that they meet the following
conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a
site plan and structural component data for the accessory antenna,
including details of anchoring. The building official must approve
the plans before installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
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7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
SECTION 11. The following language has been deleted and added to Section 78-327
(Permitted Uses) of the Orono City Code:
Sec. 78-327. Permitted uses.
Within the LR-1B one-family lakeshore residential district, no land or structure shall be
used except for one or more of the following uses:
(1) One-family detached dwellingsCity-owned public service structures that have
been approved by the City Council after the required public hearings for public
improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned
for residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the
placement of the structure, notice of the proposed changes shall be mailed
to all property owners within 350 feet of the parcel on which the structure
is to be located. If the proposed structure is to be located within a public
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right-of-way, property owners within 350 feet of the structure shall be
mailed notice of the proposed changes. Notice shall be mailed at least 14
days before the council meeting at which the amended plans will be
considered.
(2) Publicly owned parks and playgrounds.
(3)(2) Municipal buildings.
(4)(3) Nonrental guest apartments (no exterior ingress or egress). An apartment within
the principal residence structure on a lot for the sole use of the occupants of the
principal residence, including their domestic employees or nonpaying guests. The
only means of ingress or egress to the apartment shall be from within the principal
structure. Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such apartments
shall not have utilities metered separately from the principal residence utilities
and shall not have a separate street address.
(4) One-family detached dwellings.
(5) Nonrental guest apartments (no exterior ingress or egress). An apartment within
the principal residence structure on a lot for the sole use of the occupants of the
principal residence, including their domestic employees or nonpaying guests.
The only means of ingress or egress to the apartment shall be from within the
principal structure. Application for such a guest apartment shall address the
concerns of parking, sewage treatment, entryway and interior access method.
Such apartments shall not have utilities metered separately from the principal
residence utilities and shall not have a separate street address.
(5) Publicly owned parks and playgrounds.
SECTION 12. The following language has been deleted and added to Section 78-328
(Conditional Uses) of the Orono City Code:
Sec. 78-328. Conditional uses.
Within any LR-1B one-family lakeshore residential district, no structure or land shall be
used for the following uses except by conditional use permit:
(1) 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 that a fence be 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.Crop farms,
provided that:
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a. The area is ten or more acres.
b. There are no dwellings on the land, except for one for the property owner
or the operator of the farm.
c. There are no accessory buildings or structures on the land other than those
allowed for a residential use.
(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)(2) Golf courses, country clubs, tennis clubs, public swimming pools serving more
than one family, scout camps, YMCA camps, YWCA non-profit camps, and
religious church camps, or private nonprofit parks, playgrounds and other similar
uses. provided that:
a. The principal structure for any of these uses shall beall principal buildings
are located at least 100 feet or more from any abutting lot in an R
districtadjacent property zoned for residential use;, and
b. all accessory buildings and structures more than six feet in height are
located at least shall be a minimum of 50 feet from any lot lineany
adjacent property zoned for residential use.
(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 of any lot
line of an abutting lot in an R district. Prior to granting such permit it shall be
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found that the architectural design of service structures is compatible with the
neighborhood in which it is to be located and thus will promote the general
welfare. Public service structures that have been approved by the city at required
public hearings for public 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 requirements of this chapter
pertaining to accessory structures.
(7) Private gun clubs, archery ranges, and ski slides, provided the area is fenced and
no part of the principal use is less than 150 feet from any lot line.
(8)(3) Guest houses and nonrental guest apartments.
a. Guest houses. Guest houses, provided that: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
non-paying guests. All regular lot requirements shall be met by the guest
house.
1. the lot is at least two times the minimum lot area required by this
section; and
2. the guest house is for the sole use of the occupants of the principle
dwelling, including their domestic employees and nonpaying
guests.
b. Nonrental guest apartments (exterior ingress and egress allowed). An
apartment within the principal residence structure on a lot for the sole us
of the occupants of the principal residence, including their domestic
employees or nonpaying guests. There shall be at least one access door to
the apartment from within the principal structure, and such door shall be
the primary access to the apartment. The apartment shall be allowed to
have a door for ingress and egress to the exterior of to the building.
Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such
apartments shall not have utilities metered separately from the principal
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residence utilities and shall not have a separate street address. Guest
apartments with exterior ingress and egress, provided that:
1. the application for a guest apartment adequately addresses the
concerns of parking, sewage treatment, exterior access method,
and interior access method;
2. there is at least one access door to the apartment from inside the
principal dwelling and this door is the primary means of accessing
the apartment;
3. the guest apartment does not have a separate address;
4. the guest apartment’s utilities are not metered separately from the
principal dwelling; and
5. the guest apartment is for the sole use of the occupants of the
principal dwelling, including their domestic employees and
nonpaying guests.
(4) The keeping of farm animals for noncommercial purposes and for the use of the
occupants of premises, provided that:
1. Where the applicant requests a conditional use permit to keep
horses, there must be at least one acre for the dwelling and two
acres of open pasture for the first horse. If the applicant requests a
conditional use permit to keep more than one horse, the property
must have one additional acre of open pasture for each additional
horse. Calculations of minimum pasture acreage shall not include
any land defined as a wetland or wetland buffer under Section 78-
1602. When horses are kept stabled and do not require pasture for
feed purposes, the minimum pasture requirement may be adjusted
at the discretion of the Council.
2. Where the applicant requests a conditional use permit to keep farm
animals other than horses, there must be at least one acre for the
dwelling and one acre for each animal unit. Calculations of
minimum acreage required shall not include any land defined as a
wetland or wetland buffer under Section 78-1602.
3. Any building or structure associated with the animals is located
more than 150 feet from the nearest adjacent residence and at least
75 feet from the nearest lot line.
4. The use is operated in compliance with Chapter 62, Animals.
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(5) Places of worship, provided that all buildings and structures, except columbaria,
are located at least 50 feet from any adjacent property zoned for residential use.
(9)(6) Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
(7) Public service structures, provided that:
a. all buildings are located at least 50 feet from any adjacent property zoned
for residential use; and
b. the architectural design of the structure is compatible with the architectural
design of the surrounding area.
(10) Duplex credit. One duplex may be located as a conditional use upon application,
provided that public sanitary sewer service is available and the lot is adjacent to a
commercial or industrial district, or within 250 feet of the B-3 district, and the
duplex is constructed within 200 feet of the commercial or industrial district.
(11) Apiaries.
(12) Farms (crop and stock) provided the area is ten or more acres.
(13) The keeping of domestic animals for noncommercial purposes, including horses
for the use of the occupants of the premises. A minimum of one acre in aggregate,
exclusive of one acre for the principal building, must be available for each animal
unit, except as set forth in this subsection. A minimum of two acres of open
pasture must be available for a single horse, and one additional acre must be
available for each additional horse. When the horses are kept stabled and do not
require pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage shall not
include wetlands as defined in section 78-1602. Any person keeping such animals
must comply with the provisions of this Code.
(14) Stables and barns, private. The use of an accessory building for keeping animals
for noncommercial purposes, provided it is for the noncommercial use of the
property owner or resident and meets the available area standards outlined in
subsection (13) of this section. Further, no such structure shall be located less than
150 feet from the nearest adjacent residence and no closer than 75 feet from the
nearest lot line.
(15) Stables and barns, public. The use of accessory buildings or land for the storage or
rearing of animals not owned by the property owner or resident. Such use must
meet the requirements of section 78-74. Further, no such structure shall be located
less than 150 feet from the nearest lot line.
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(16) Riding academy. Any such instruction maintained as an accessory use and
conducted by the owner shall meet the requirements of subsections (13), (14) and
(15) of this section; and no such instruction shall occur less than 100 feet from an
adjacent residence or less than 75 feet from the nearest lot line.
(17) (8)The pProvision of a bathtub or shower in an accessory building. Approval shall
be conditioned on provision of municipal sanitary sewer or a conforming sewage
treatment system designed to handle the anticipated flows from the building
plumbing. Approval shall be granted only when the following criteria are met:
a. The council finds that the proposed use of the accessory structure with a
bathtub or shower will not be detrimental to the residential character of the
neighborhood.
b. The council finds that the plumbing fixtures proposed are in keeping with
the intended use of the accessory building.
c. The accessory building is conforming in location, size and height.
d. The property owner agrees to the filing of a covenant in the title of the
property providing that the accessory building will not be:
1. Used for a home occupation unless specifically approved by the
city or if allowed by this Code.
2. Used as a dwelling unless a guest house conditional use permit is
obtained.
3. Rented, leased or otherwise provided for use as a dwelling under
any circumstances.
(9) Schools, Daycare Centers, Uses Accessory to a High School.
a. Pre-kindergarten, primary and secondary public schools and private
schools with a curriculum similar to a pre-kindergarten, primary or
secondary school. Schools may include before and after school care for
students.
b. Daycare centers, nursery schools and similar programs that are not
associated with a public or private school and serve pre-kindergarten
children.
c. Indoor ice arenas accessory to a high school provided the arena, including
accessory uses, is:
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1. located on the same tax parcel as the high school to which it is
accessory and is owned by the local school district;
2. not separated from the high school building by a public road;
3. operated by the school district or by a nonprofit organization; and
4. all structures are located at least 50 feet from any adjacent property
zoned for residential use.
(10) Two-family dwelling, provided that:
a. public sanity sewer service is available;
b. the lot is adjacent to a commercial or industrial parcel;
c. the dwelling is within 200 feet of the commercial or industrial parcel; and
d. the design of the dwelling is compatible with the surrounding residences.
SECTION 13. The following language has been added and deleted from Section 78-329
(Accessory Uses) of the Orono City Code:
Sec. 78-329. Accessory uses.
Within any LR-1B one-family lakeshore residential district, the following uses shall be a
permitted accessory uses:
(1) Private docks, subject to this code and other applicable regulations, including boat
storage density requirements.Buildings temporarily located for purposes of
construction on the premises for a period not to exceed time necessary for such
constructing.
(2) Private garages and parking space.Communication reception/transmission devices
as follows:
a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
that are accessory to the principle use of property are permitted accessory
uses in all zoning districts, provided that they meet the following
conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
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2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a
site plan and structural component data for the accessory antenna,
including details of anchoring. The building official must approve
the plans before installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
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3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
(3) Private swimming pools, tennis courts, and paddocks.Gardening and other
horticultural uses, including aviaries and decorative landscape features.
(4) Home occupations, as defined in this chapter. All home occupations shall comply
with the provisions of section 78-1376, and the licensing provisions of 26-76,
when applicable.
(5) Signs, as regulated in this chapter. One roadside stand offering for sale only farm
products produced on the premises, provided such stand does not exceed 200
square feet in area and is located at least 30 feet back from the public right-of-
way.
(6) Buildings temporarily located for purposes of construction on the premises for a
period not to exceed time necessary for such constructing.Private docks, subject
to this code and other applicable regulations, including boat storage density
requirements.
(7) Gardening and other horticultural uses, including aviaries and decorative
landscape features.Private garages and parking space.
(8) One roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least
30 feet back from the public right-of-way.Private swimming pools, tennis courts,
and paddocks.
(9) Signs, as regulated in this chapter.Communication reception/transmission devices
as follows:
a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
that are accessory to the principle use of property are permitted accessory
uses in all zoning districts, provided that they meet the following
conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
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3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a
site plan and structural component data for the accessory antenna,
including details of anchoring. The building official must approve
the plans before installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
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SECTION 14. The following language has been deleted and added to Section 78-347
(Permitted Uses) of the Orono City Code:
Sec. 78-347. Permitted uses.
Within the LR-1C one-family lakeshore residential district, no land or structure shall be
used except for one or more of the following uses:
(1) One-family detached dwellingsCity-owned public service structures that have
been approved by the City Council after the required public hearings for public
improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned
for residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the
placement of the structure, notice of the proposed changes shall be mailed
to all property owners within 350 feet of the parcel on which the structure
is to be located. If the proposed structure is to be located within a public
right-of-way, property owners within 350 feet of the structure shall be
mailed notice of the proposed changes. Notice shall be mailed at least 14
days before the council meeting at which the amended plans will be
considered.
(2) Publicly owned parks and playgrounds.
(3)(2) Municipal buildings.
(4)(3) Nonrental guest apartments (no exterior ingress or egress). An apartment within
the principal residence structure on a lot for the sole use of the occupants of the
principal residence, including their domestic employees or nonpaying guests. The
only means of ingress or egress to the apartment shall be from within the principal
structure. Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such apartments
shall not have utilities metered separately from the principal residence utilities
and shall not have a separate street address.
(4) One-family detached dwellings.
(5) Personal wireless service antennas and towers.
a. Purpose and intent. The purpose of subsection (4) of this section is to
establish predictable, balanced regulations for the siting and screening of
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wireless communications equipment in order to accommodate the growth
of wireless communication systems within the city while protecting the
public against any adverse impacts on the city's aesthetic resources and
the public welfare.
b. Personal wireless service antennas. Personal wireless service antennas
erected on a municipal water tower may be allowed as a secondary use
by administrative permit, provided they comply with the city policy
regarding the use of city-owned property for wireless telecommunication
antennas and provided they meet the following conditions:
1. The antenna shall be in compliance with the state building code
and all other applicable federal and state regulations and permits.
2. Structural design, mounting and installation of the antenna shall
be in compliance with manufacturer's specifications and shall be
verified and approved by a registered professional engineer.
3. No advertising message shall be affixed to the antenna.
4. Antennas shall not be artificially illuminated unless required by
law or by the Federal Aviation Administration (FAA) to protect
the public's health and safety.
5. When applicable, proposals to erect new antennas shall be
accompanied by any required federal, state, or local agency
licenses.
6. Transmitting, receiving, and switching equipment shall be housed
within the existing structure. If a new equipment building is
necessary for transmitting, receiving and switching equipment, it
shall be situated in the rear yard of the principal use and shall be
screened from view by landscaping.
7. All obsolete and unused antennas shall be removed within 12
months of cessation of operation at the site, unless an exemption
is granted by the city administrator or designee. The removal shall
be the responsibility of the communication provider.
8. Antennas shall utilize camouflaging techniques or shall be side-
mounted to an antenna support structure in order that such
facilities are compatible with the character and environment of
the area in which they are located.
9. The applicant shall demonstrate by providing a
coverage/interference analysis and capacity analysis prepared by
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a registered professional engineer that the location of the antenna
as proposed is necessary to meet the frequency spacing needs of
the personal wireless service system and to provide adequate
portable personal wireless service coverage and capacity to the
area.
(5) Nonrental guest apartments (no exterior ingress or egress). An apartment within
the principal residence structure on a lot for the sole use of the occupants of the
principal residence, including their domestic employees or nonpaying guests.
The only means of ingress or egress to the apartment shall be from within the
principal structure. Application for such a guest apartment shall address the
concerns of parking, sewage treatment, entryway and interior access method.
Such apartments shall not have utilities metered separately from the principal
residence utilities and shall not have a separate street address.
(6) Publicly owned parks and playgrounds.
SECTION 15. The following language has been deleted and added to Section 78-348
(Conditional Uses) of the Orono City Code:
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 that a fence be 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.Crop farms,
provided that:
a. The area is ten or more acres.
b. There are no dwellings on the land, except for one for the property owner
or the operator of the farm.
c. There are no accessory buildings or structures on the land other than those
allowed for a residential use.
(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
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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)(2) Golf courses, country clubs, tennis clubs, public swimming pools serving more
than one family, scout camps, YMCA camps, YWCA non-profit camps, and
religious church camps, or private nonprofit parks, playgrounds and other similar
uses. provided that:
a. The principal structure for any of these uses shall beall principal buildings
are located at least 100 feet or more from any abutting lot in an R
districtadjacent property zoned for residential use;, and
b. all accessory buildings and structures more than six feet in height are
located at least shall be a minimum of 50 feet from any lot lineany
adjacent property zoned for residential use.
(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 of 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 with the
neighborhood in which it is to be located and thus will promote the general
welfare. Public service structures that have been approved by the city at required
public hearings for public 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
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required yard area and are subject further to the requirements of this chapter
pertaining to accessory structures.
(7) Private gun clubs, archery ranges, and ski slides, provided the area is fenced and
no part of the principal use is less than 150 feet from any lot line.
(8)(3) Guest houses and nonrental guest apartments.
a. Guest houses. Guest houses, provided that: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
non-paying guests. All regular lot requirements shall be met by the guest
house.
1. the lot is at least two times the minimum lot area required by this
section; and
2. the guest house is for the sole use of the occupants of the principle
dwelling, including their domestic employees and nonpaying
guests.
b. Nonrental guest apartments (exterior ingress and egress allowed). An
apartment within the principal residence structure on a lot for the sole us
of the occupants of the principal residence, including their domestic
employees or nonpaying guests. There shall be at least one access door to
the apartment from within the principal structure, and such door shall be
the primary access to the apartment. The apartment shall be allowed to
have a door for ingress and egress to the exterior of to the building.
Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such
apartments shall not have utilities metered separately from the principal
residence utilities and shall not have a separate street address. Guest
apartments with exterior ingress and egress, provided that:
1. the application for a guest apartment adequately addresses the
concerns of parking, sewage treatment, exterior access method,
and interior access method;
2. there is at least one access door to the apartment from inside the
principal dwelling and this door is the primary means of accessing
the apartment;
3. the guest apartment does not have a separate address;
4. the guest apartment’s utilities are not metered separately from the
principal dwelling; and
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5. the guest apartment is for the sole use of the occupants of the
principal dwelling, including their domestic employees and
nonpaying guests.
(4) Keeping of farm animals for noncommercial purposes and for the use of the
occupants of premises, provided that:
1. Where the applicant requests a conditional use permit to keep
horses, there must be at least one acre for the dwelling and two
acres of open pasture for the first horse. If the applicant requests a
conditional use permit to keep more than one horse, the property
must have one additional acre of open pasture for each additional
horse. Calculations of minimum pasture acreage shall not include
any land defined as a wetland or wetland buffer under Section 78-
1602. When horses are kept stabled and do not require pasture for
feed purposes, the minimum pasture requirement may be adjusted
at the discretion of the Council.
2. Where the applicant requests a conditional use permit to keep farm
animals other than horses, there must be at least one acre for the
dwelling and one acre for each animal unit. Calculations of
minimum acreage required shall not include any land defined as a
wetland or wetland buffer under Section 78-1602.
3. Any building or structure associated with the animals is located
more than 150 feet from the nearest adjacent residence and at least
75 feet from the nearest lot line.
4. The use is operated in compliance with Chapter 62, Animals.
(5) Personal wireless service antennas. Personal wireless service antennas erected on
a municipal structure other than a water tower may be allowed as a conditional
use if they meet the following criteria:
a. Such antennas must be in compliance with the city policy regarding the
use of city-owned property for wireless telecommunication antennas;
b. Such antennas must meet the conditions listed for personal wireless
service antennas as a permitted use in the LR-1C zoning district.
c. Such antennas may be located in the following locations:
1. Co-located on an existing city emergency warning siren tower.
2. Co-located on a replacement city emergency warning siren tower,
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with a height not to exceed 75 feet.
3. Co-located on a new city emergency warning siren tower, at a
location that meets the city's emergency warning needs, with a
height not to exceed 75 feet.
d. Such antennas shall meet the following performance standards:
1. The antennas must be located on the existing emergency warning
sirens poles, unless the height of the existing pole, or the capacity
of the existing pole to support both the siren and the antenna(s) is
inadequate to minimally meet the needs of the carrier. In this case,
the carrier may be allowed to install a replacement tower that will
accommodate both the emergency warning siren and the
telecommunications antenna(s). The existing emergency siren
towers can be replaced with towers with a maximum height of 75
feet, with the condition that the tower accommodates both the
emergency warning siren and the telecommunications antenna(s).
The city may also require the tower to have the capability of
accommodating one additional carrier's antenna(s).
2. A new emergency warning siren tower location, selected by the
city to meet its emergency warning needs, could also be used as a
telecommunications antenna site through co-location of the
warning siren and antenna. The standards set out in 1. above also
apply to a siren tower in a new location.
3. The height of a tower can be no higher than the minimum height
required to address a gap in coverage.
4. The setback of a tower from a property line must, at minimum, be
equal to the height of the tower, except where an existing
emergency warning siren is located on a site that does not enable
this setback too be provided.
5. A carrier must demonstrate through an engineering analysis that
there is a gap in coverage.
6. At the city's discretion, a tower must be designed to structurally
enable co-location by another carrier, and the carrier must agree to
allow co-location.
7. The carrier must provide computer-generated photos showing the
views (as selected by the city) with an without the tower.
8. All consultant analysis and legal analysis related to the towers and
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the lease of the towers shall be paid by the carrier.
9. The carrier is required to provide coverage maps to demonstrate
the specific gap in coverage and need for an additional tower and
antenna(s), and to demonstrate there are no existing tower options
within a radius of two miles that could accommodate the carrier's
antenna needs.
10. The size of the cabinets on the ground needed to house the support
equipment for the antennas is limited to the minimum necessary
size, as determined by the city council. Appropriate vegetative
screening of ground cabinets shall be provided by the carrier,
subject to approval by the city council. The council at its discretion
may allow the use of non-vegetative screening methods such as
berming, fencing, etc.
11. "Stealth"-type antennas (cylindrical) vs. an array of panels, is
required if the technology is available.
12. Only monopole towers are allowed.
(6) Places of worship, provided that all buildings and structures, except columbaria,
are located at least 50 feet from any adjacent property zoned for residential use.
(9)(7) Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
(8) Public service structures, provided that:
a. all buildings are located at least 50 feet from any adjacent property zoned
for residential use; and
b. the architectural design of the structure is compatible with the architectural
design of the surrounding area.
(10) Duplex credit. One duplex may be located as a conditional use upon application,
provided that public sanitary sewer service is available and the lot is adjacent to a
commercial or industrial district, or within 250 feet of the B-3 district, and the
duplex is constructed within 200 feet of the commercial or industrial district.
(11) Apiaries.
(12) Farms (crop and stock) provided the area is ten or more acres.
(13) The keeping of domestic animals for noncommercial purposes, including horses
for the use of the occupants of the premises. A minimum of one acre in aggregate,
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exclusive of one acre for the principal building, must be available for each animal
unit, except as set forth in this subsection. A minimum of two acres of open
pasture must be available for a single horse, and one additional acre must be
available for each additional horse. When the horses are kept stabled and do not
require pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage shall not
include wetlands as defined in section 78-1602. Any person keeping such animals
must comply with the provisions of this Code.
(14) Stables and barns, private. The use of an accessory building for keeping animals
for noncommercial purposes, provided it is for the noncommercial use of the
property owner or resident and meets the available area standards outlined in
subsection (13) of this section. Further, no such structure shall be located less than
150 feet from the nearest adjacent residence and no closer than 75 feet from the
nearest lot line.
(15) Stables and barns, public. The use of accessory buildings or land for the storage or
rearing of animals not owned by the property owner or resident. Such use must
meet the requirements of section 78-74. Further, no such structure shall be located
less than 150 feet from the nearest lot line.
(16) Riding academy. Any such instruction maintained as an accessory use and
conducted by the owner shall meet the requirements of subsections (13), (14) and
(15) of this section; and no such instruction shall occur less than 100 feet from an
adjacent residence or less than 75 feet from the nearest lot line.
(17) (9)The pProvision of a bathtub or shower in an accessory building. Approval shall
be conditioned on provision of municipal sanitary sewer or a conforming sewage
treatment system designed to handle the anticipated flows from the building
plumbing. Approval shall be granted only when the following criteria are met:
a. The council finds that the proposed use of the accessory structure with a
bathtub or shower will not be detrimental to the residential character of the
neighborhood.
b. The council finds that the plumbing fixtures proposed are in keeping with
the intended use of the accessory building.
c. The accessory building is conforming in location, size and height.
d. The property owner agrees to the filing of a covenant in the title of the
property providing that the accessory building will not be:
1. Used for a home occupation unless specifically approved by the
city or if allowed by this Code.
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2. Used as a dwelling unless a guest house conditional use permit is
obtained.
3. Rented, leased or otherwise provided for use as a dwelling under
any circumstances.
(10) Schools, Daycare Centers, Uses Accessory to a High School.
a. Pre-kindergarten, primary and secondary public schools and private
schools with a curriculum similar to a pre-kindergarten, primary or
secondary school. Schools may include before and after school care for
students.
b. Daycare centers, nursery schools and similar programs that are not
associated with a public or private school and serve pre-kindergarten
children.
c. Indoor ice arenas accessory to a high school provided the arena, including
accessory uses, is:
1. located on the same tax parcel as the high school to which it is
accessory and is owned by the local school district;
2. not separated from the high school building by a public road;
3. operated by the school district or by a nonprofit organization; and
4. all structures are located at least 50 feet from any adjacent property
zoned for residential use.
(11) Two-family dwelling, provided that:
a. public sanity sewer service is available;
b. the lot is adjacent to a commercial or industrial parcel;
c. the dwelling is within 200 feet of the commercial or industrial parcel; and
d. the design of the dwelling is compatible with the surrounding residences.
(18) Personal wireless service antennas. Personal wireless service antennas erected on
a municipal structure other than a water tower may be allowed as a conditional
use if they meet the following criteria:
a. Such antennas must be in compliance with the city policy regarding the
use of city-owned property for wireless telecommunication antennas;
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b. Such antennas must meet the conditions listed for personal wireless
service antennas as a permitted use in the LR-1C zoning district.
c. Such antennas may be located in the following locations:
1. Co-located on an existing city emergency warning siren tower.
2. Co-located on a replacement city emergency warning siren tower,
with a height not to exceed 75 feet.
3. Co-located on a new city emergency warning siren tower, at a
location that meets the city's emergency warning needs, with a
height not to exceed 75 feet.
d. Such antennas shall meet the following performance standards:
1. The antennas must be located on the existing emergency warning
sirens poles, unless the height of the existing pole, or the capacity
of the existing pole to support both the siren and the antenna(s) is
inadequate to minimally meet the needs of the carrier. In this case,
the carrier may be allowed to install a replacement tower that will
accommodate both the emergency warning siren and the
telecommunications antenna(s). The existing emergency siren
towers can be replaced with towers with a maximum height of 75
feet, with the condition that the tower accommodates both the
emergency warning siren and the telecommunications antenna(s).
The city may also require the tower to have the capability of
accommodating one additional carrier's antenna(s).
2. A new emergency warning siren tower location, selected by the
city to meet its emergency warning needs, could also be used as a
telecommunications antenna site through co-location of the
warning siren and antenna. The standards set out in 1. above also
apply to a siren tower in a new location.
3. The height of a tower can be no higher than the minimum height
required to address a gap in coverage.
4. The setback of a tower from a property line must, at minimum, be
equal to the height of the tower, except where an existing
emergency warning siren is located on a site that does not enable
this setback too be provided.
5. A carrier must demonstrate through an engineering analysis that
there is a gap in coverage.
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6. At the city's discretion, a tower must be designed to structurally
enable co-location by another carrier, and the carrier must agree to
allow co-location.
7. The carrier must provide computer-generated photos showing the
views (as selected by the city) with an without the tower.
8. All consultant analysis and legal analysis related to the towers and
the lease of the towers shall be paid by the carrier.
9. The carrier is required to provide coverage maps to demonstrate
the specific gap in coverage and need for an additional tower and
antenna(s), and to demonstrate there are no existing tower options
within a radius of two miles that could accommodate the carrier's
antenna needs.
10. The size of the cabinets on the ground needed to house the support
equipment for the antennas is limited to the minimum necessary
size, as determined by the city council. Appropriate vegetative
screening of ground cabinets shall be provided by the carrier,
subject to approval by the city council. The council at its discretion
may allow the use of non-vegetative screening methods such as
berming, fencing, etc.
11. "Stealth"-type antennas (cylindrical) vs. an array of panels, is
required if the technology is available.
12. Only monopole towers are allowed.
SECTION 16. The following language has been deleted and added to Section 78-349
(Accessory Uses) of the Orono City Code:
Sec. 78-349. Accessory uses.
Within any LR-1C one-family lakeshore residential district, the following uses shall be
permitted accessory uses:
(1) Private docks, subject to this code and other applicable regulations, including boat
storage density requirements.Buildings temporarily located for purposes of
construction on the premises for a period not to exceed time necessary for such
constructing.
(2) Private garages and parking space.Communication reception/transmission devices
as follows:
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a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
that are accessory to the principle use of property are permitted accessory
uses in all zoning districts, provided that they meet the following
conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a
site plan and structural component data for the accessory antenna,
including details of anchoring. The building official must approve
the plans before installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
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antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
(3) Private swimming pools, tennis courts, and paddocks.Gardening and other
horticultural uses, including aviaries and decorative landscape features.
(4) Home occupations, as defined in this chapter. All home occupations shall comply
with the provisions of section 78-1376, and the licensing provisions of 26-76,
when applicable.
(5) Signs, as regulated in this chapter. One roadside stand offering for sale only farm
products produced on the premises, provided such stand does not exceed 200
square feet in area and is located at least 30 feet back from the public right-of-
way.
(6) Buildings temporarily located for purposes of construction on the premises for a
period not to exceed time necessary for such constructing.Private docks, subject
to this code and other applicable regulations, including boat storage density
requirements.
(7) Gardening and other horticultural uses, including aviaries and decorative
landscape features.Private garages and parking space.
(8) One roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least
30 feet back from the public right-of-way.Private swimming pools, tennis courts,
and paddocks.
(9) Signs, as regulated in this chapter.Communication reception/transmission devices
as follows:
a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
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that are accessory to the principle use of property are permitted accessory
uses in all zoning districts, provided that they meet the following
conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a
site plan and structural component data for the accessory antenna,
including details of anchoring. The building official must approve
the plans before installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
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1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
SECTION 17. The following language has been deleted and added to Section 78-366
(Permitted Uses) of the Orono City Code:
Sec. 78-366. Permitted uses.
Within the LR-1C-1 one-family lakeshore residential district, no land or structure shall be
used except for one or more of the following uses:
(1) One-family detached dwellingsCity-owned public service structures that have
been approved by the City Council after the required public hearings for public
improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned
for residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the
placement of the structure, notice of the proposed changes shall be mailed
to all property owners within 350 feet of the parcel on which the structure
is to be located. If the proposed structure is to be located within a public
right-of-way, property owners within 350 feet of the structure shall be
mailed notice of the proposed changes. Notice shall be mailed at least 14
days before the council meeting at which the amended plans will be
considered.
(2) Publicly owned parks and playgrounds.
(3)(2) Municipal buildings.
(4)(3) Nonrental guest apartments (no exterior ingress or egress). An apartment within
the principal residence structure on a lot for the sole use of the occupants of the
principal residence, including their domestic employees or nonpaying guests. The
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only means of ingress or egress to the apartment shall be from within the principal
structure. Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such apartments
shall not have utilities metered separately from the principal residence utilities
and shall not have a separate street address.
(4) One-family detached dwellings.
(5) Personal wireless service antennas and towers.
a. Purpose and intent. The purpose of subsection (4) of this section is to
establish predictable, balanced regulations for the siting and screening of
wireless communications equipment in order to accommodate the growth
of wireless communication systems within the city while protecting the
public against any adverse impacts on the city's aesthetic resources and
the public welfare.
b. Personal wireless service antennas. Personal wireless service antennas
erected on a municipal water tower may be allowed as a secondary use
by administrative permit, provided they comply with the city policy
regarding the use of city-owned property for wireless telecommunication
antennas and provided they meet the following conditions:
1. The antenna shall be in compliance with the state building code
and all other applicable federal and state regulations and permits.
2. Structural design, mounting and installation of the antenna shall
be in compliance with manufacturer's specifications and shall be
verified and approved by a registered professional engineer.
3. No advertising message shall be affixed to the antenna.
4. Antennas shall not be artificially illuminated unless required by
law or by the Federal Aviation Administration (FAA) to protect
the public's health and safety.
5. When applicable, proposals to erect new antennas shall be
accompanied by any required federal, state, or local agency
licenses.
6. Transmitting, receiving, and switching equipment shall be housed
within the existing structure. If a new equipment building is
necessary for transmitting, receiving and switching equipment, it
shall be situated in the rear yard of the principal use and shall be
screened from view by landscaping.
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7. All obsolete and unused antennas shall be removed within 12
months of cessation of operation at the site, unless an exemption
is granted by the city administrator or designee. The removal shall
be the responsibility of the communication provider.
8. Antennas shall utilize camouflaging techniques or shall be side-
mounted to an antenna support structure in order that such
facilities are compatible with the character and environment of
the area in which they are located.
9. The applicant shall demonstrate by providing a
coverage/interference analysis and capacity analysis prepared by
a registered professional engineer that the location of the antenna
as proposed is necessary to meet the frequency spacing needs of
the personal wireless service system and to provide adequate
portable personal wireless service coverage and capacity to the
area.
(5) Nonrental guest apartments (no exterior ingress or egress). An apartment within
the principal residence structure on a lot for the sole use of the occupants of the
principal residence, including their domestic employees or nonpaying guests.
The only means of ingress or egress to the apartment shall be from within the
principal structure. Application for such a guest apartment shall address the
concerns of parking, sewage treatment, entryway and interior access method.
Such apartments shall not have utilities metered separately from the principal
residence utilities and shall not have a separate street address.
(6) Publicly owned parks and playgrounds.
SECTION 18. The following language has been deleted and added to Section 78-367
(Conditional Uses) of the Orono City Code:
Sec. 78-367. Conditional uses.
Within the LR-1C-1 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 that a fence be 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.Crop farms,
provided that:
a. The area is ten or more acres.
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b. There are no dwellings on the land, except for one for the property owner
or the operator of the farm.
c. There are no accessory buildings or structures on the land other than those
allowed for a residential use.
(2) Uses accessory to a high school. The following uses are accessory to a high
school use and require a separate conditional use permit:
a. 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)(2) Golf courses, country clubs, tennis clubs, public swimming pools serving more
than one family, scout camps, YMCA camps, YWCA non-profit camps, and
religious church camps, or private nonprofit parks, playgrounds and other similar
uses. provided that:
a. The principal structure for any of these uses shall beall principal buildings
are located at least 100 feet or more from any abutting lot in an R
districtadjacent property zoned for residential use;, and
b. all accessory buildings and structures more than six feet in height are
located at least shall be a minimum of 50 feet from any lot lineany
adjacent property zoned for residential use.
(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 of 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 with the
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neighborhood in which it is to be located and thus will promote the general
welfare. Public service structures that have been approved by the city at required
public hearings for public 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 requirements of this chapter
pertaining to accessory structures.
(7) Private gun clubs, archery ranges, and ski slides, provided the area is fenced and
no part of the principal use is less than 150 feet from any lot line.
(8)(3) Guest houses and nonrental guest apartments.
a. Guest houses. Guest houses, provided that: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
non-paying guests. All regular lot requirements shall be met by the guest
house.
1. the lot is at least two times the minimum lot area required by this
section; and
2. the guest house is for the sole use of the occupants of the principle
dwelling, including their domestic employees and nonpaying
guests.
b. Nonrental guest apartments (exterior ingress and egress allowed). An
apartment within the principal residence structure on a lot for the sole us
of the occupants of the principal residence, including their domestic
employees or nonpaying guests. There shall be at least one access door to
the apartment from within the principal structure, and such door shall be
the primary access to the apartment. The apartment shall be allowed to
have a door for ingress and egress to the exterior of to the building.
Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such
apartments shall not have utilities metered separately from the principal
residence utilities and shall not have a separate street address. Guest
apartments with exterior ingress and egress, provided that:
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1. the application for a guest apartment adequately addresses the
concerns of parking, sewage treatment, exterior access method,
and interior access method;
2. there is at least one access door to the apartment from inside the
principal dwelling and this door is the primary means of accessing
the apartment;
3. the guest apartment does not have a separate address;
4. the guest apartment’s utilities are not metered separately from the
principal dwelling; and
5. the guest apartment is for the sole use of the occupants of the
principal dwelling, including their domestic employees and
nonpaying guests.
(4) Keeping of farm animals for noncommercial purposes and for the use of the
occupants of premises, provided that:
1. Where the applicant requests a conditional use permit to keep
horses, there must be at least one acre for the dwelling and two
acres of open pasture for the first horse. If the applicant requests a
conditional use permit to keep more than one horse, the property
must have one additional acre of open pasture for each additional
horse. Calculations of minimum pasture acreage shall not include
any land defined as a wetland or wetland buffer under Section 78-
1602. When horses are kept stabled and do not require pasture for
feed purposes, the minimum pasture requirement may be adjusted
at the discretion of the Council.
2. Where the applicant requests a conditional use permit to keep farm
animals other than horses, there must be at least one acre for the
dwelling and one acre for each animal unit. Calculations of
minimum acreage required shall not include any land defined as a
wetland or wetland buffer under Section 78-1602.
3. Any building or structure associated with the animals is located
more than 150 feet from the nearest adjacent residence and at least
75 feet from the nearest lot line.
4. The use is operated in compliance with Chapter 62, Animals.
(5) Personal wireless service antennas. Personal wireless service antennas erected on
a municipal structure other than a water tower may be allowed as a conditional
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use if they meet the following criteria:
a. Such antennas must be in compliance with the city policy regarding the
use of city-owned property for wireless telecommunication antennas;
b. Such antennas must meet the conditions listed for personal wireless
service antennas as a permitted use in the LR-1C zoning district.
c. Such antennas may be located in the following locations:
1. Co-located on an existing city emergency warning siren tower.
2. Co-located on a replacement city emergency warning siren tower,
with a height not to exceed 75 feet.
3. Co-located on a new city emergency warning siren tower, at a
location that meets the city's emergency warning needs, with a
height not to exceed 75 feet.
d. Such antennas shall meet the following performance standards:
1. The antennas must be located on the existing emergency warning
sirens poles, unless the height of the existing pole, or the capacity
of the existing pole to support both the siren and the antenna(s) is
inadequate to minimally meet the needs of the carrier. In this case,
the carrier may be allowed to install a replacement tower that will
accommodate both the emergency warning siren and the
telecommunications antenna(s). The existing emergency siren
towers can be replaced with towers with a maximum height of 75
feet, with the condition that the tower accommodates both the
emergency warning siren and the telecommunications antenna(s).
The city may also require the tower to have the capability of
accommodating one additional carrier's antenna(s).
2. A new emergency warning siren tower location, selected by the
city to meet its emergency warning needs, could also be used as a
telecommunications antenna site through co-location of the
warning siren and antenna. The standards set out in 1. above also
apply to a siren tower in a new location.
3. The height of a tower can be no higher than the minimum height
required to address a gap in coverage.
4. The setback of a tower from a property line must, at minimum, be
equal to the height of the tower, except where an existing
emergency warning siren is located on a site that does not enable
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this setback too be provided.
5. A carrier must demonstrate through an engineering analysis that
there is a gap in coverage.
6. At the city's discretion, a tower must be designed to structurally
enable co-location by another carrier, and the carrier must agree to
allow co-location.
7. The carrier must provide computer-generated photos showing the
views (as selected by the city) with an without the tower.
8. All consultant analysis and legal analysis related to the towers and
the lease of the towers shall be paid by the carrier.
9. The carrier is required to provide coverage maps to demonstrate
the specific gap in coverage and need for an additional tower and
antenna(s), and to demonstrate there are no existing tower options
within a radius of two miles that could accommodate the carrier's
antenna needs.
10. The size of the cabinets on the ground needed to house the support
equipment for the antennas is limited to the minimum necessary
size, as determined by the city council. Appropriate vegetative
screening of ground cabinets shall be provided by the carrier,
subject to approval by the city council. The council at its discretion
may allow the use of non-vegetative screening methods such as
berming, fencing, etc.
11. "Stealth"-type antennas (cylindrical) vs. an array of panels, is
required if the technology is available.
12. Only monopole towers are allowed.
(6) Places of worship, provided that all buildings and structures, except columbaria,
are located at least 50 feet from any adjacent property zoned for residential use.
(9)(7) Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
(8) Public service structures, provided that:
a. all buildings are located at least 50 feet from any adjacent property zoned
for residential use; and
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b. the architectural design of the structure is compatible with the architectural
design of the surrounding area.
(10) Duplex credit. One duplex may be located as a conditional use upon application,
provided that public sanitary sewer service is available and the lot is adjacent to a
commercial or industrial district, or within 250 feet of the B-3 district, and the
duplex is constructed within 200 feet of the commercial or industrial district.
(11) Apiaries.
(12) Farms (crop and stock) provided the area is ten or more acres.
(13) The keeping of domestic animals for noncommercial purposes, including horses
for the use of the occupants of the premises. A minimum of one acre in aggregate,
exclusive of one acre for the principal building, must be available for each animal
unit, except as set forth in this subsection. A minimum of two acres of open
pasture must be available for a single horse, and one additional acre must be
available for each additional horse. When the horses are kept stabled and do not
require pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage shall not
include wetlands as defined in section 78-1602. Any person keeping such animals
must comply with the provisions of this Code.
(14) Stables and barns, private. The use of an accessory building for keeping animals
for noncommercial purposes, provided it is for the noncommercial use of the
property owner or resident and meets the available area standards outlined in
subsection (13) of this section. Further, no such structure shall be located less than
150 feet from the nearest adjacent residence and no closer than 75 feet from the
nearest lot line.
(15) Stables and barns, public. The use of accessory buildings or land for the storage or
rearing of animals not owned by the property owner or resident. Such use must
meet the requirements of section 78-74. Further, no such structure shall be located
less than 150 feet from the nearest lot line.
(16) Riding academy. Any such instruction maintained as an accessory use and
conducted by the owner shall meet the requirements of subsections (13), (14) and
(15) of this section; and no such instruction shall occur less than 100 feet from an
adjacent residence or less than 75 feet from the nearest lot line.
(17) (9)The pProvision of a bathtub or shower in an accessory building. Approval shall
be conditioned on provision of municipal sanitary sewer or a conforming sewage
treatment system designed to handle the anticipated flows from the building
plumbing. Approval shall be granted only when the following criteria are met:
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a. The council finds that the proposed use of the accessory structure with a
bathtub or shower will not be detrimental to the residential character of the
neighborhood.
b. The council finds that the plumbing fixtures proposed are in keeping with
the intended use of the accessory building.
c. The accessory building is conforming in location, size and height.
d. The property owner agrees to the filing of a covenant in the title of the
property providing that the accessory building will not be:
1. Used for a home occupation unless specifically approved by the
city or if allowed by this Code.
2. Used as a dwelling unless a guest house conditional use permit is
obtained.
3. Rented, leased or otherwise provided for use as a dwelling under
any circumstances.
(10) Schools, Daycare Centers, Uses Accessory to a High School.
a. Pre-kindergarten, primary and secondary public schools and private
schools with a curriculum similar to a pre-kindergarten, primary or
secondary school. Schools may include before and after school care for
students.
b. Daycare centers, nursery schools and similar programs that are not
associated with a public or private school and serve pre-kindergarten
children.
c. Indoor ice arenas accessory to a high school provided the arena, including
accessory uses, is:
1. located on the same tax parcel as the high school to which it is
accessory and is owned by the local school district;
2. not separated from the high school building by a public road;
3. operated by the school district or by a nonprofit organization; and
4. all structures are located at least 50 feet from any adjacent property
zoned for residential use.
(11) Two-family dwelling, provided that:
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a. public sanity sewer service is available;
b. the lot is adjacent to a commercial or industrial parcel;
c. the dwelling is within 200 feet of the commercial or industrial parcel; and
d. the design of the dwelling is compatible with the surrounding residences.
(18) Personal wireless service antennas. Personal wireless service antennas erected on
a municipal structure other than a water tower may be allowed as a conditional
use if they meet the following criteria:
a. Such antennas must be in compliance with the city policy regarding the
use of city-owned property for wireless telecommunication antennas;
b. Such antennas must meet the conditions listed for personal wireless
service antennas as a permitted use in the LR-1C zoning district.
c. Such antennas may be located in the following locations:
1. Co-located on an existing city emergency warning siren tower.
2. Co-located on a replacement city emergency warning siren tower,
with a height not to exceed 75 feet.
3. Co-located on a new city emergency warning siren tower, at a
location that meets the city's emergency warning needs, with a
height not to exceed 75 feet.
d. Such antennas shall meet the following performance standards:
1. The antennas must be located on the existing emergency warning
sirens poles, unless the height of the existing pole, or the capacity
of the existing pole to support both the siren and the antenna(s) is
inadequate to minimally meet the needs of the carrier. In this case,
the carrier may be allowed to install a replacement tower that will
accommodate both the emergency warning siren and the
telecommunications antenna(s). The existing emergency siren
towers can be replaced with towers with a maximum height of 75
feet, with the condition that the tower accommodates both the
emergency warning siren and the telecommunications antenna(s).
The city may also require the tower to have the capability of
accommodating one additional carrier's antenna(s).
2. A new emergency warning siren tower location, selected by the
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city to meet its emergency warning needs, could also be used as a
telecommunications antenna site through co-location of the
warning siren and antenna. The standards set out in 1. above also
apply to a siren tower in a new location.
3. The height of a tower can be no higher than the minimum height
required to address a gap in coverage.
4. The setback of a tower from a property line must, at minimum, be
equal to the height of the tower, except where an existing
emergency warning siren is located on a site that does not enable
this setback too be provided.
5. A carrier must demonstrate through an engineering analysis that
there is a gap in coverage.
6. At the city's discretion, a tower must be designed to structurally
enable co-location by another carrier, and the carrier must agree to
allow co-location.
7. The carrier must provide computer-generated photos showing the
views (as selected by the city) with an without the tower.
8. All consultant analysis and legal analysis related to the towers and
the lease of the towers shall be paid by the carrier.
9. The carrier is required to provide coverage maps to demonstrate
the specific gap in coverage and need for an additional tower and
antenna(s), and to demonstrate there are no existing tower options
within a radius of two miles that could accommodate the carrier's
antenna needs.
10. The size of the cabinets on the ground needed to house the support
equipment for the antennas is limited to the minimum necessary
size, as determined by the city council. Appropriate vegetative
screening of ground cabinets shall be provided by the carrier,
subject to approval by the city council. The council at its discretion
may allow the use of non-vegetative screening methods such as
berming, fencing, etc.
11. "Stealth"-type antennas (cylindrical) vs. an array of panels, is
required if the technology is available.
12. Only monopole towers are allowed.
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SECTION 19. The following language has been deleted and added to Section 78-368
(Accessory Uses) of the Orono City Code:
Sec. 78-368. Accessory uses.
Within any LR-1C-1 one-family lakeshore residential district, the following uses shall be
permitted accessory uses:
(1) Private docks, subject to this code and other applicable regulations, including boat
storage density requirements.Buildings temporarily located for purposes of
construction on the premises for a period not to exceed time necessary for such
constructing.
(2) Private garages and parking space.Communication reception/transmission devices
as follows:
a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
that are accessory to the principle use of property are permitted accessory
uses in all zoning districts, provided that they meet the following
conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a
site plan and structural component data for the accessory antenna,
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including details of anchoring. The building official must approve
the plans before installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
(3) Private swimming pools, tennis courts, and paddocks.Gardening and other
horticultural uses, including aviaries and decorative landscape features.
(4) Home occupations, as defined in this chapter. All home occupations shall comply
with the provisions of section 78-1376, and the licensing provisions of 26-76,
when applicable.
(5) Signs, as regulated in this chapter. One roadside stand offering for sale only farm
products produced on the premises, provided such stand does not exceed 200
square feet in area and is located at least 30 feet back from the public right-of-
way.
(6) Buildings temporarily located for purposes of construction on the premises for a
period not to exceed time necessary for such constructing.Private docks, subject
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to this code and other applicable regulations, including boat storage density
requirements.
(7) Gardening and other horticultural uses, including aviaries and decorative
landscape features.Private garages and parking space.
(8) One roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least
30 feet back from the public right-of-way.Private swimming pools, tennis courts,
and paddocks.
(9) Signs, as regulated in this chapter.Communication reception/transmission devices
as follows:
a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
that are accessory to the principle use of property are permitted accessory
uses in all zoning districts, provided that they meet the following
conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a
site plan and structural component data for the accessory antenna,
including details of anchoring. The building official must approve
the plans before installation.
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6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
SECTION 20. The following language has been deleted and added to Section 78-392
(Permitted Uses) of the Orono City Code:
Sec. 78-392. Permitted uses.
Within any RR-1A one-family rural residential district, no land or structures shall be used
except for one or more of the following uses:
(1) One-family detached dwellingsCity-owned public service structures that have
been approved by the City Council after the required public hearings for public
improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned
for residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
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c. If the city proposes amendment to the approved design plans or the
placement of the structure, notice of the proposed changes shall be mailed
to all property owners within 350 feet of the parcel on which the structure
is to be located. If the proposed structure is to be located within a public
right-of-way, property owners within 350 feet of the structure shall be
mailed notice of the proposed changes. Notice shall be mailed at least 14
days before the council meeting at which the amended plans will be
considered.
(2) Publicly owned parks and playgrounds.Crop farms, provided that:
a. The area is ten or more acres.
b. There are no dwellings on the land, except for one for the property owner
or the operator of the farm.
c. There are no accessory buildings or structures on the land other than those
allowed for a residential use.
(3) Municipal buildings.
(4) Nonrental guest apartments (no exterior ingress or egress). An apartment within
the principal residence structure on a lot for the sole use of the occupants of the
principal residence, including their domestic employees or nonpaying guests. The
only means of ingress or egress to the apartment shall be from within the principal
structure. Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such apartments
shall not have utilities metered separately from the principal residence utilities
and shall not have a separate street address.
(4) One-family detached dwellings.
(5) Publicly owned parks and playgrounds.
SECTION 21. The following language has been deleted and added to Section 78-393
(Conditional Uses) of the Orono City Code:
Sec. 78-393. Conditional uses.
Within any RR-1A one-family rural residential district, no structure or land shall be used
for the following uses without a conditional use permit.
(1) Farms (stock), provided the area is ten or more acres.
(2) 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
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line of an abutting lot in an R district and that a fence be 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.
(3) Uses accessory to a high school. The following uses are accessory to a high
school use and require a separate conditional use permit:
a. 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.
(4) 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.
(5)(1) Golf courses, country clubs, tennis clubs, public swimming pools serving more
than one family, scout camps, YMCA camps, YWCA non-profit camps, and
religious church camps, or private nonprofit parks, playgrounds and other similar
uses. provided that:
a. The principal structure for any of these uses shall beAll principal buildings
are located at least 100 feet or more from any abutting lot in an R
districtadjacent property zoned for residential use.,
b. All accessory buildings and structures more than six feet in height are
located at least shall be a minimum of 50 feet from any lot lineany
adjacent property zoned for residential use.
(6) 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 of 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 with the
neighborhood in which it is to be located and thus will promote the general
welfare. Public service structures that have been approved by the city at required
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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.
(7) 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 requirements of this chapter
pertaining to accessory structures.
(8) Private gun clubs, archery ranges, and ski slides, provided the area is fenced and
no part of the principal use is less than 150 feet from any lot line.
(9)(2) Guest houses and nonrental guest apartments.
a. Guest houses. Guest houses, provided that: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
non-paying guests. All regular lot requirements shall be met by the guest
house.
1. the lot is at least two times the minimum lot area required by this
section; and
2. the guest house is for the sole use of the occupants of the principle
dwelling, including their domestic employees and nonpaying
guests.
b. Nonrental guest apartments (exterior ingress and egress allowed). An
apartment within the principal residence structure on a lot for the sole us
of the occupants of the principal residence, including their domestic
employees or nonpaying guests. There shall be at least one access door to
the apartment from within the principal structure, and such door shall be
the primary access to the apartment. The apartment shall be allowed to
have a door for ingress and egress to the exterior of to the building.
Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such
apartments shall not have utilities metered separately from the principal
residence utilities and shall not have a separate street address. Guest
apartments with exterior ingress and egress, provided that:
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1. the application for a guest apartment adequately addresses the
concerns of parking, sewage treatment, exterior access method,
and interior access method;
2. there is at least one access door to the apartment from inside the
principal dwelling and this door is the primary means of accessing
the apartment;
3. the guest apartment does not have a separate address;
4. the guest apartment’s utilities are not metered separately from the
principal dwelling; and
5. the guest apartment is for the sole use of the occupants of the
principal dwelling, including their domestic employees and
nonpaying guests.
(3) Personal wireless service antennas. Personal wireless service antennas erected on
a municipal structure other than a water tower may be allowed as a conditional
use if they meet the following criteria:
a. Such antennas must be in compliance with the city policy regarding the
use of city-owned property for wireless telecommunication antennas;
b. Such antennas must meet the conditions listed for personal wireless
service antennas as a permitted use in the LR-1C zoning district.
c. Such antennas may be located in the following locations:
1. Co-located on an existing city emergency warning siren tower.
2. Co-located on a replacement city emergency warning siren tower,
with a height not to exceed 75 feet.
3. Co-located on a new city emergency warning siren tower, at a
location that meets the city's emergency warning needs, with a
height not to exceed 75 feet.
d. Such antennas shall meet the following performance standards:
1. The antennas must be located on the existing emergency warning
sirens poles, unless the height of the existing pole, or the capacity
of the existing pole to support both the siren and the antenna(s) is
inadequate to minimally meet the needs of the carrier. In this case,
the carrier may be allowed to install a replacement tower that will
accommodate both the emergency warning siren and the
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telecommunications antenna(s). The existing emergency siren
towers can be replaced with towers with a maximum height of 75
feet, with the condition that the tower accommodates both the
emergency warning siren and the telecommunications antenna(s).
The city may also require the tower to have the capability of
accommodating one additional carrier's antenna(s).
2. A new emergency warning siren tower location, selected by the
city to meet its emergency warning needs, could also be used as a
telecommunications antenna site through co-location of the
warning siren and antenna. The standards set out in 1. above also
apply to a siren tower in a new location.
3. The height of a tower can be no higher than the minimum height
required to address a gap in coverage.
4. The setback of a tower from a property line must, at minimum, be
equal to the height of the tower, except where an existing
emergency warning siren is located on a site that does not enable
this setback too be provided.
5. A carrier must demonstrate through an engineering analysis that
there is a gap in coverage.
6. At the city's discretion, a tower must be designed to structurally
enable co-location by another carrier, and the carrier must agree to
allow co-location.
7. The carrier must provide computer-generated photos showing the
views (as selected by the city) with an without the tower.
8. All consultant analysis and legal analysis related to the towers and
the lease of the towers shall be paid by the carrier.
9. The carrier is required to provide coverage maps to demonstrate
the specific gap in coverage and need for an additional tower and
antenna(s), and to demonstrate there are no existing tower options
within a radius of two miles that could accommodate the carrier's
antenna needs.
10. The size of the cabinets on the ground needed to house the support
equipment for the antennas is limited to the minimum necessary
size, as determined by the city council. Appropriate vegetative
screening of ground cabinets shall be provided by the carrier,
subject to approval by the city council. The council at its discretion
may allow the use of non-vegetative screening methods such as
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berming, fencing, etc.
11. "Stealth"-type antennas (cylindrical) vs. an array of panels, is
required if the technology is available.
12. Only monopole towers are allowed.
(4) Places of worship, provided that all buildings and structures, except columbaria,
are located at least 50 feet from any adjacent property zoned for residential use.
(10)(5) Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
(11) Apiaries.
(12) Stables and barns, public. The use of accessory buildings or land for the storage or
rearing of animals not owned by the property owner or resident. Such use must
meet the requirements of section 78-74. Further, no such structure shall be located
less than 150 feet from the nearest lot line.
(13) Riding academy. Any such instruction maintained as an accessory use and
conducted by the owner shall meet the requirements of subsections (13), (14) and
(15) of this section; and no such instruction shall occur less than 100 feet from an
adjacent residence or less than 75 feet from the nearest lot line.
(14)(6)The pProvision of a bathtub or shower in an accessory building. Approval shall be
conditioned on provision of municipal sanitary sewer or a conforming sewage
treatment system designed to handle the anticipated flows from the building
plumbing. Approval shall be granted only when the following criteria are met:
a. The council finds that the proposed use of the accessory structure with a
bathtub or shower will not be detrimental to the residential character of the
neighborhood.
b. The council finds that the plumbing fixtures proposed are in keeping with
the intended use of the accessory building.
c. The accessory building is conforming in location, size and height.
d. The property owner agrees to the filing of a covenant in the title of the
property providing that the accessory building will not be:
1. Used for a home occupation unless specifically approved by the
city or if allowed by this Code.
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2. Used as a dwelling unless a guest house conditional use permit is
obtained.
3. Rented, leased or otherwise provided for use as a dwelling under
any circumstances.
(15) Personal wireless service antennas. Personal wireless service antennas erected on
a municipal structure other than a water tower may be allowed as a conditional
use if they meet the following criteria:
a. Such antennas must be in compliance with the city policy regarding the
use of city-owned property for wireless telecommunication antennas;
b. Such antennas must meet the conditions listed for personal wireless
service antennas as a permitted use in the LR-1C zoning district.
c. Such antennas may be located in the following locations:
1. Co-located on an existing city emergency warning siren tower.
2. Co-located on a replacement city emergency warning siren tower,
with a height not to exceed 75 feet.
3. Co-located on a new city emergency warning siren tower, at a
location that meets the city's emergency warning needs, with a
height not to exceed 75 feet.
d. Such antennas shall meet the following performance standards:
1. The antennas must be located on the existing emergency warning
sirens poles, unless the height of the existing pole, or the capacity
of the existing pole to support both the siren and the antenna(s) is
inadequate to minimally meet the needs of the carrier. In this case,
the carrier may be allowed to install a replacement tower that will
accommodate both the emergency warning siren and the
telecommunications antenna(s). The existing emergency siren
towers can be replaced with towers with a maximum height of 75
feet, with the condition that the tower accommodates both the
emergency warning siren and the telecommunications antenna(s).
The city may also require the tower to have the capability of
accommodating one additional carrier's antenna(s).
2. A new emergency warning siren tower location, selected by the
city to meet its emergency warning needs, could also be used as a
telecommunications antenna site through co-location of the
warning siren and antenna. The standards set out in 1. above also
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apply to a siren tower in a new location.
3. The height of a tower can be no higher than the minimum height
required to address a gap in coverage.
4. The setback of a tower from a property line must, at minimum, be
equal to the height of the tower, except where an existing
emergency warning siren is located on a site that does not enable
this setback too be provided.
5. A carrier must demonstrate through an engineering analysis that
there is a gap in coverage.
6. At the city's discretion, a tower must be designed to structurally
enable co-location by another carrier, and the carrier must agree to
allow co-location.
7. The carrier must provide computer-generated photos showing the
views (as selected by the city) with an without the tower.
8. All consultant analysis and legal analysis related to the towers and
the lease of the towers shall be paid by the carrier.
9. The carrier is required to provide coverage maps to demonstrate
the specific gap in coverage and need for an additional tower and
antenna(s), and to demonstrate there are no existing tower options
within a radius of two miles that could accommodate the carrier's
antenna needs.
10. The size of the cabinets on the ground needed to house the support
equipment for the antennas is limited to the minimum necessary
size, as determined by the city council. Appropriate vegetative
screening of ground cabinets shall be provided by the carrier,
subject to approval by the city council. The council at its discretion
may allow the use of non-vegetative screening methods such as
berming, fencing, etc.
11. "Stealth"-type antennas (cylindrical) vs. an array of panels, is
required if the technology is available.
12. Only monopole towers are allowed.
(7) Public service structures, provided that:
a. all buildings are located at least 50 feet from any adjacent property zoned
for residential use; and
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b. the architectural design of the structure is compatible with the architectural
design of the surrounding area.
(8) Public stables and barns, provided that:
1. The public stable or barn is accessory to a residential use.
2. Such structures are located at least 150 feet from the nearest lot line.
(9) Riding academy, provided that:
1. It is accessory to a residential use.
2. It is operated by an owner or resident of the property.
3. The number of horses and farm animals may not exceed the limitations of
Section 78-394(5).
4. No instruction occurs less than 100 feet from a residence on an adjacent
property or less than 75 feet from the lot line.
(10) Stock farms, provided that:
1. Excluding wetlands and wetland buffers as defined in Sections 78-1602
and 78-1605, there are a minimum of 10 acres of land devoted to the
keeping of animals and the animal density is no more than two animal
units an acre on the land devoted to keeping the animals.
2. No dwellings are permitted except one for the property owner or the
operator of the farm.
3. No accessory buildings or structures are permitted other than those
allowed for a residential use.
(11) Wholesale green houses, provided that:
1. All outside storage is fenced so as to screen the stored material from view
when observed from all public streets or adjoining lots.
2. Greenhouse structures are not located in a required yard area.
3. There are no dwellings on the property, except one for the owner or
operator of the wholesale greenhouse.
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4. There are no accessory buildings or structures other than those allowed for
a residential use.
SECTION 22. The following language has been deleted and added to Section 78-394
(Accessory Uses) of the Orono City Code:
Sec. 78-394. Accessory uses.
Within any RR-1A one-family rural residential district, the following uses shall be a
permitted accessory uses:
(1) Private garages and parking space.Buildings temporarily located for purposes of
constructing on the premises for a period not to exceed time necessary for such
constructing.
(2) Private swimming pools, tennis courts, and paddocks.Communication
reception/transmission devices as follows:
a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
that are accessory to the principal use of property are permitted accessory
uses in all zoning districts provided they meet the following conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a site
plan and structural component data for the accessory antenna,
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including details of anchoring. The building official must approve
the plans before installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
(3) Home occupations, as defined in this chapter. All home occupations shall comply
with the provisions of section 78-1376, and the licensing provisions of section 26-
76, when applicable.Gardening and other horticultural uses, including aviaries and
decorative landscape features.
(4) Signs, as regulated in this chapter.Home occupations, as defined in this chapter.
All home occupations shall comply with the provisions of section 78-1376, and
the licensing provisions of section 26-76, when applicable.
(5) Buildings temporarily located for purposes of constructing on the premises for a
period not to exceed time necessary for such constructing.Keeping of farm
animals for noncommercial purposes and for the use of the occupants of premises,
provided that:
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1. Where the applicant requests a conditional use permit to keep
horses, there must be at least one acre for the dwelling and two
acres of open pasture for the first horse. If the applicant requests a
conditional use permit to keep more than one horse, the property
must have one additional acre of open pasture for each additional
horse. Calculations of minimum pasture acreage shall not include
any land defined as a wetland or wetland buffer under Section 78-
1602. When horses are kept stabled and do not require pasture for
feed purposes, the minimum pasture requirement may be adjusted
at the discretion of the Council.
2. Where the applicant requests a conditional use permit to keep farm
animals other than horses, there must be at least one acre for the
dwelling and one acre for each animal unit. Calculations of
minimum acreage required shall not include any land defined as a
wetland or wetland buffer under Section 78-1602.
3. Any building or structure associated with the animals is located
more than 150 feet from the nearest adjacent residence and at least
75 feet from the nearest lot line.
4. The use is operated in compliance with Chapter 62, Animals.
(6) Gardening and other horticultural uses, including aviaries and decorative
landscape features.One roadside stand offering for sale only farm products
produced on the premises, provided such stand does not exceed 200 square feet in
area and is located at least 30 feet back from the public right-of-way.
(7) One roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least
30 feet back from the public right-of-way.Private garages and parking space.
(8) Communication reception/transmission devices as follows:
a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
that are accessory to the principal use of property are permitted accessory
uses in all zoning districts provided they meet the following conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
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3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a site
plan and structural component data for the accessory antenna,
including details of anchoring. The building official must approve
the plans before installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
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(9)(8) The keeping of domestic animals for noncommercial purposes, including horses
for the use of the occupants of the premises. A minimum of one acre in aggregate,
exclusive of one acre for the principal building, must be available for each animal
unit, except as set forth in this subsection. A minimum of two acres of open
pasture must be available for a single horse, and one additional acre must be
available for each additional horse. When the horses are kept stabled and do not
require pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage shall not
include wetlands as defined in section 78-1602. Any person keeping such animals
must comply with the provisions of this Code.Private swimming pools, tennis
courts, and paddocks.
(10)(9)Stables and barns, private. The use of an accessory building for keeping animals
for noncommercial purposes, provided it is for the noncommercial use of the
property owner or resident and meets the available area standards outlined in
subsection (9) of this section. Further, no such structure shall be located less than
150 feet from the nearest adjacent residence and no closer than 75 feet from the
nearest lot line.Signs, as regulated in this chapter.
SECTION 23. The following language has been deleted and added to Section 78-417
(Permitted Uses) of the Orono City Code:
Sec. 78-417. Permitted uses.
Within any RR-1B one-family rural residential district, no land or structures shall be used
except for one or more of the following uses:
(1) One-family detached dwellingsCity-owned public service structures that have
been approved by the City Council after the required public hearings for public
improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned
for residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the
placement of the structure, notice of the proposed changes shall be mailed
to all property owners within 350 feet of the parcel on which the structure
is to be located. If the proposed structure is to be located within a public
right-of-way, property owners within 350 feet of the structure shall be
mailed notice of the proposed changes. Notice shall be mailed at least 14
days before the council meeting at which the amended plans will be
considered.
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(2) Publicly owned parks and playgrounds.Crop farms, provided that:
a. The area is ten or more acres.
b. There are no dwellings on the land, except for one for the property owner
or the operator of the farm.
c. There are no accessory buildings or structures on the land other than those
allowed for a residential use.
(3) Municipal buildings.
(4) Nonrental guest apartments (no exterior ingress or egress). An apartment within
the principal residence structure on a lot for the sole use of the occupants of the
principal residence, including their domestic employees or nonpaying guests. The
only means of ingress or egress to the apartment shall be from within the principal
structure. Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such apartments
shall not have utilities metered separately from the principal residence utilities
and shall not have a separate street address.
(5) One-family detached dwellings.
(4)(6) Personal wireless service antennas and towers.
a. Purpose and intent. The purpose of subsection (4) of this section is to
establish predictable, balanced regulations for the siting and screening of
wireless communications equipment in order to accommodate the growth
of wireless communication systems within the city while protecting the
public against any adverse impacts on the city's aesthetic resources and
the public welfare.
b. Personal wireless service antennas. Personal wireless service antennas
erected on a municipal water tower may be allowed as a secondary use
by administrative permit, provided they comply with the city policy
regarding the use of city-owned property for wireless telecommunication
antennas and provided they meet the following conditions:
1. The antenna shall be in compliance with the state building code
and all other applicable federal and state regulations and permits.
2. Structural design, mounting and installation of the antenna shall
be in compliance with manufacturer's specifications and shall be
verified and approved by a registered professional engineer.
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3. No advertising message shall be affixed to the antenna.
4. Antennas shall not be artificially illuminated unless required by
law or by the Federal Aviation Administration (FAA) to protect
the public's health and safety.
5. When applicable, proposals to erect new antennas shall be
accompanied by any required federal, state, or local agency
licenses.
6. Transmitting, receiving, and switching equipment shall be housed
within the existing structure. If a new equipment building is
necessary for transmitting, receiving and switching equipment, it
shall be situated in the rear yard of the principal use and shall be
screened from view by landscaping.
7. All obsolete and unused antennas shall be removed within 12
months of cessation of operation at the site, unless an exemption
is granted by the city administrator or designee. The removal shall
be the responsibility of the communication provider.
8. Antennas shall utilize camouflaging techniques or shall be side-
mounted to an antenna support structure in order that such
facilities are compatible with the character and environment of
the area in which they are located.
9. The applicant shall demonstrate by providing a
coverage/interference analysis and capacity analysis prepared by
a registered professional engineer that the location of the antenna
as proposed is necessary to meet the frequency spacing needs of
the personal wireless service system and to provide adequate
portable personal wireless service coverage and capacity to the
area.
(5) Nonrental guest apartments (no exterior ingress or egress). An apartment within
the principal residence structure on a lot for the sole use of the occupants of the
principal residence, including their domestic employees or nonpaying guests. The
only means of ingress or egress to the apartment shall be from within the principal
structure. Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such apartments
shall not have utilities metered separately from the principal residence utilities
and shall not have a separate street address.
(7) Publicly owned parks and playgrounds.
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SECTION 24. The following language has been deleted and added to Section 78-418
(Conditional Uses) of the Orono City Code:
Sec. 78-418. Conditional uses.
Within any RR-1B one-family rural 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 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)(1) Golf courses, country clubs, tennis clubs, public swimming pools serving more
than one family, scout camps, YMCA camps, YWCA non-profit camps, and
religious church camps, or private nonprofit parks, playgrounds and other similar
uses.provided that:
a. The principal structure for any of these uses shall beAll principal buildings
are located at least 100 feet or more from any abutting lot in an R
districtadjacent property zoned for residential use.,
b. All accessory buildings and structures more than six feet in height are
located at least shall be a minimum of 50 feet from any lot lineany
adjacent property zoned for residential use.
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(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 in which it is to be located and thus will promote the general
welfare. Public service structures that have been approved by the city at required
public hearings for public 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
no part of the principal use is less than 150 feet from any lot line.
(8)(2) Guest houses and nonrental guest apartments.
a. Guest houses. Guest houses, provided that: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
non-paying guests. All regular lot requirements shall be met by the guest
house.
1. the lot is at least two times the minimum lot area required by this
section; and
2. the guest house is for the sole use of the occupants of the principle
dwelling, including their domestic employees and nonpaying
guests.
b. Nonrental guest apartments (exterior ingress and egress allowed). An
apartment within the principal residence structure on a lot for the sole us
of the occupants of the principal residence, including their domestic
employees or nonpaying guests. There shall be at least one access door to
the apartment from within the principal structure, and such door shall be
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the primary access to the apartment. The apartment shall be allowed to
have a door for ingress and egress to the exterior of to the building.
Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such
apartments shall not have utilities metered separately from the principal
residence utilities and shall not have a separate street address. Guest
apartments with exterior ingress and egress, provided that:
1. the application for a guest apartment adequately addresses the
concerns of parking, sewage treatment, exterior access method,
and interior access method;
2. there is at least one access door to the apartment from inside the
principal dwelling and this door is the primary means of accessing
the apartment;
3. the guest apartment does not have a separate address;
4. the guest apartment’s utilities are not metered separately from the
principal dwelling; and
5. the guest apartment is for the sole use of the occupants of the
principal dwelling, including their domestic employees and
nonpaying guests.
(3) Personal wireless service antennas. Personal wireless service antennas erected on
a municipal structure other than a water tower may be allowed as a conditional
use if they meet the following criteria:
a. Such antennas must be in compliance with the city policy regarding the
use of city-owned property for wireless telecommunication antennas;
b. Such antennas must meet the conditions listed for personal wireless
service antennas as a permitted use in the LR-1C zoning district.
c. Such antennas may be located in the following locations:
1. Co-located on an existing city emergency warning siren tower.
2. Co-located on a replacement city emergency warning siren tower,
with a height not to exceed 75 feet.
3. Co-located on a new city emergency warning siren tower, at a
location that meets the city's emergency warning needs, with a
height not to exceed 75 feet.
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d. Such antennas shall meet the following performance standards:
1. The antennas must be located on the existing emergency warning
sirens poles, unless the height of the existing pole, or the capacity
of the existing pole to support both the siren and the antenna(s) is
inadequate to minimally meet the needs of the carrier. In this case,
the carrier may be allowed to install a replacement tower that will
accommodate both the emergency warning siren and the
telecommunications antenna(s). The existing emergency siren
towers can be replaced with towers with a maximum height of 75
feet, with the condition that the tower accommodates both the
emergency warning siren and the telecommunications antenna(s).
The city may also require the tower to have the capability of
accommodating one additional carrier's antenna(s).
2. A new emergency warning siren tower location, selected by the
city to meet its emergency warning needs, could also be used as a
telecommunications antenna site through co-location of the
warning siren and antenna. The standards set out in 1. above also
apply to a siren tower in a new location.
3. The height of a tower can be no higher than the minimum height
required to address a gap in coverage.
4. The setback of a tower from a property line must, at minimum, be
equal to the height of the tower, except where an existing
emergency warning siren is located on a site that does not enable
this setback too be provided.
5. A carrier must demonstrate through an engineering analysis that
there is a gap in coverage.
6. At the city's discretion, a tower must be designed to structurally
enable co-location by another carrier, and the carrier must agree to
allow co-location.
7. The carrier must provide computer-generated photos showing the
views (as selected by the city) with an without the tower.
8. All consultant analysis and legal analysis related to the towers and
the lease of the towers shall be paid by the carrier.
9. The carrier is required to provide coverage maps to demonstrate
the specific gap in coverage and need for an additional tower and
antenna(s), and to demonstrate there are no existing tower options
within a radius of two miles that could accommodate the carrier's
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antenna needs.
10. The size of the cabinets on the ground needed to house the support
equipment for the antennas is limited to the minimum necessary
size, as determined by the city council. Appropriate vegetative
screening of ground cabinets shall be provided by the carrier,
subject to approval by the city council. The council at its discretion
may allow the use of non-vegetative screening methods such as
berming, fencing, etc.
11. "Stealth"-type antennas (cylindrical) vs. an array of panels, is
required if the technology is available.
12. Only monopole towers are allowed.
(4) Places of worship, provided that all buildings and structures, except columbaria,
are located at least 50 feet from any adjacent property zoned for residential use.
(9)(5) Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
(10) Apiaries.
(11) Farms (stock), provided the area is ten or more acres.
(12) Stables and barns, public. The use of accessory buildings or land for the storage or
rearing of animals not owned by the property owner or resident. Such use must
meet the requirement of section 78-74. Further, no such structure shall be located
less than 150 feet from the nearest lot line.
(13) Riding academy. Any such instruction maintained as an accessory use and
conducted by the owner shall meet the requirements of subsection (12) of this
section, and no such instruction shall occur less than 100 feet from an adjacent
residence or less than 75 feet from the nearest lot line.
(14) Hospitals for human care, sanitariums, rest homes, nursing homes, provided that
all buildings are located 100 feet or more from the lot line of any abutting lot in
an R district. The site shall contain not less than 600 square feet of lot area for
each person to be accommodated.
(15) Nonprofit libraries, provided that all buildings are located 50 feet or more from
the lot line of any abutting lot in an R district. Screening and signage
requirements shall be determined with each individual conditional use permit.
(16)(6) The pProvision of a bathtub or shower in an accessory building. Approval shall be
conditioned on provision of municipal sanitary sewer or a conforming sewage
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treatment system designed to handle the anticipated flows from the building
plumbing. Approval shall be granted only when the following criteria are met:
a. The council finds that the proposed use of the accessory structure with a
bathtub or shower will not be detrimental to the residential character of the
neighborhood.
b. The council finds that the plumbing fixtures proposed are in keeping with
the intended use of the accessory building.
c. The accessory building is conforming in location, size and height.
d. The property owner agrees to the filing of a covenant in the title of the
property providing that the accessory building will not be:
1. Used for a home occupation unless specifically approved by the
city or if allowed by this Code.
2. Used as a dwelling unless a guest house conditional use permit is
obtained.
3. Rented, leased or otherwise provided for use as a dwelling under
any circumstances.
(17) Personal wireless service antennas. Personal wireless service antennas erected on
a municipal structure other than a water tower may be allowed as a conditional
use if they meet the following criteria:
a. Such antennas must be in compliance with the city policy regarding the
use of city-owned property for wireless telecommunication antennas;
b. Such antennas must meet the conditions listed for personal wireless
service antennas as a permitted use in the LR-1C zoning district.
c. Such antennas may be located in the following locations:
1. Co-located on an existing city emergency warning siren tower.
2. Co-located on a replacement city emergency warning siren tower,
with a height not to exceed 75 feet.
3. Co-located on a new city emergency warning siren tower, at a
location that meets the city's emergency warning needs, with a
height not to exceed 75 feet.
d. Such antennas shall meet the following performance standards:
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1. The antennas must be located on the existing emergency warning
sirens poles, unless the height of the existing pole, or the capacity
of the existing pole to support both the siren and the antenna(s) is
inadequate to minimally meet the needs of the carrier. In this case,
the carrier may be allowed to install a replacement tower that will
accommodate both the emergency warning siren and the
telecommunications antenna(s). The existing emergency siren
towers can be replaced with towers with a maximum height of 75
feet, with the condition that the tower accommodates both the
emergency warning siren and the telecommunications antenna(s).
The city may also require the tower to have the capability of
accommodating one additional carrier's antenna(s).
2. A new emergency warning siren tower location, selected by the
city to meet its emergency warning needs, could also be used as a
telecommunications antenna site through co-location of the
warning siren and antenna. The standards set out in 1. above also
apply to a siren tower in a new location.
3. The height of a tower can be no higher than the minimum height
required to address a gap in coverage.
4. The setback of a tower from a property line must, at minimum, be
equal to the height of the tower, except where an existing
emergency warning siren is located on a site that does not enable
this setback too be provided.
5. A carrier must demonstrate through an engineering analysis that
there is a gap in coverage.
6. At the city's discretion, a tower must be designed to structurally
enable co-location by another carrier, and the carrier must agree to
allow co-location.
7. The carrier must provide computer-generated photos showing the
views (as selected by the city) with an without the tower.
8. All consultant analysis and legal analysis related to the towers and
the lease of the towers shall be paid by the carrier.
9. The carrier is required to provide coverage maps to demonstrate
the specific gap in coverage and need for an additional tower and
antenna(s), and to demonstrate there are no existing tower options
within a radius of two miles that could accommodate the carrier's
antenna needs.
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10. The size of the cabinets on the ground needed to house the support
equipment for the antennas is limited to the minimum necessary
size, as determined by the city council. Appropriate vegetative
screening of ground cabinets shall be provided by the carrier,
subject to approval by the city council. The council at its discretion
may allow the use of non-vegetative screening methods such as
berming, fencing, etc.
11. "Stealth"-type antennas (cylindrical) vs. an array of panels, is
required if the technology is available.
12. Only monopole towers are allowed.
(7) Public service structures, provided that:
a. all buildings are located at least 50 feet from any adjacent property zoned
for residential use; and
b. the architectural design of the structure is compatible with the architectural
design of the surrounding area.
(8) Public stables and barns, provided that:
1. The public stable or barn is accessory to a residential use.
2. Such structures are located at least 150 feet from the nearest lot line.
(9) Riding academy, provided that:
1. It is accessory to a residential use.
2. It is operated by an owner or resident of the property.
3. The number of horses and farm animals may not exceed the limitations of
Section 78-419(5).
4. No instruction occurs less than 100 feet from a residence on an adjacent
property or less than 75 feet from the lot line.
(10) Stock farms, provided that:
1. Excluding wetlands and wetland buffers as defined in Sections 78-1602
and 78-1605, there are a minimum of 10 acres of land devoted to the
keeping of animals and the animal density is no more than two animal
units an acre on the land devoted to keeping the animals.
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2. No dwellings are permitted except one for the property owner or the
operator of the farm.
3. No accessory buildings or structures are permitted other than those
allowed for a residential use.
(11) Wholesale green houses, provided that:
1. All outside storage is fenced so as to screen the stored material from view
when observed from all public streets or adjoining lots.
2. Greenhouse structures are not located in a required yard area.
3. There are no dwellings on the property, except one for the owner or
operator of the wholesale greenhouse.
4. There are no accessory buildings or structures other than those allowed for
a residential use.
SECTION 25. The following language has been deleted and added to Section 78-419
(Accessory Uses) of the Orono City Code:
Sec. 78-419. Accessory uses.
Within any RR-1B one-family rural residential district, the following uses shall be
permitted accessory uses:
(1) Private garages and parking space.Buildings temporarily located for purposes of
constructing on the premises for a period not to exceed time necessary for such
constructing.
(2) Private swimming pools, tennis courts, and paddocks.Communication
reception/transmission devices as follows:
a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
that are accessory to the principal use of property are permitted accessory
uses in all zoning districts provided they meet the following conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
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2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a site
plan and structural component data for the accessory antenna,
including details of anchoring. The building official must approve
the plans before installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
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3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
(3) Home occupations, as defined in this chapter. All home occupations shall comply
with the provisions of section 78-1376, and the licensing provisions of section 26-
76, when applicable.Gardening and other horticultural uses, including aviaries and
decorative landscape features.
(4) Signs, as regulated in this chapter.Home occupations, as defined in this chapter.
All home occupations shall comply with the provisions of section 78-1376, and
the licensing provisions of section 26-76, when applicable.
(5) Buildings temporarily located for purposes of constructing on the premises for a
period not to exceed time necessary for such constructing.Keeping of farm
animals for noncommercial purposes and for the use of the occupants of premises,
provided that:
1. Where the applicant requests a conditional use permit to keep
horses, there must be at least one acre for the dwelling and two
acres of open pasture for the first horse. If the applicant requests a
conditional use permit to keep more than one horse, the property
must have one additional acre of open pasture for each additional
horse. Calculations of minimum pasture acreage shall not include
any land defined as a wetland or wetland buffer under Section 78-
1602. When horses are kept stabled and do not require pasture for
feed purposes, the minimum pasture requirement may be adjusted
at the discretion of the Council.
2. Where the applicant requests a conditional use permit to keep farm
animals other than horses, there must be at least one acre for the
dwelling and one acre for each animal unit. Calculations of
minimum acreage required shall not include any land defined as a
wetland or wetland buffer under Section 78-1602.
3. Any building or structure associated with the animals is located
more than 150 feet from the nearest adjacent residence and at least
75 feet from the nearest lot line.
4. The use is operated in compliance with Chapter 62, Animals.
(6) Gardening and other horticultural uses, including aviaries and decorative
landscape features.One roadside stand offering for sale only farm products
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produced on the premises, provided such stand does not exceed 200 square feet in
area and is located at least 30 feet back from the public right-of-way.
(7) One roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least
30 feet back from the public right-of-way.Private garages and parking space.
(8) Communication reception/transmission devices as follows:
a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
that are accessory to the principal use of property are permitted accessory
uses in all zoning districts provided they meet the following conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a site
plan and structural component data for the accessory antenna,
including details of anchoring. The building official must approve
the plans before installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
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7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
(9)(8) The keeping of domestic animals for noncommercial purposes, including horses
for the use of the occupants of the premises. A minimum of one acre in aggregate,
exclusive of one acre for the principal building, must be available for each animal
unit, except as set forth in this subsection. A minimum of two acres of open
pasture must be available for a single horse, and one additional acre must be
available for each additional horse. When the horses are kept stabled and do not
require pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage shall not
include wetlands as defined in section 78-1602. Any person keeping such animals
must comply with the provisions of this Code.Private swimming pools, tennis
courts, and paddocks.
(10)(9)Stables and barns, private. The use of an accessory building for keeping animals
for noncommercial purposes, provided it is for the noncommercial use of the
property owner or resident and meets the available area standards outlined in
subsection (9) of this section. Further, no such structure shall be located less than
150 feet from the nearest adjacent residence and no closer than 75 feet from the
nearest lot line.Signs, as regulated in this chapter.
SECTION 26. The following language has been deleted and added to Section 78-441
(Permitted Uses) of the Orono City Code:
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Sec. 78-441. Permitted uses.
Within any RR-1B-1 one-family rural residential district, no land or structures shall be
used except for one or more of the following uses:
(1) One-family detached dwellingsCity-owned public service structures that have
been approved by the City Council after the required public hearings for public
improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned
for residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
c. If the city proposes amendment to the approved design plans or the
placement of the structure, notice of the proposed changes shall be mailed
to all property owners within 350 feet of the parcel on which the structure
is to be located. If the proposed structure is to be located within a public
right-of-way, property owners within 350 feet of the structure shall be
mailed notice of the proposed changes. Notice shall be mailed at least 14
days before the council meeting at which the amended plans will be
considered.
(2) Publicly owned parks and playgrounds.Crop farms, provided that:
a. The area is ten or more acres.
b. There are no dwellings on the land, except for one for the property owner
or the operator of the farm.
c. There are no accessory buildings or structures on the land other than those
allowed for a residential use.
(3) Municipal buildings.
(4) Nonrental guest apartments (no exterior ingress or egress). An apartment within
the principal residence structure on a lot for the sole use of the occupants of the
principal residence, including their domestic employees or nonpaying guests. The
only means of ingress or egress to the apartment shall be from within the principal
structure. Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such apartments
shall not have utilities metered separately from the principal residence utilities
and shall not have a separate street address.
(5) One-family detached dwellings.
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(4)(6) Personal wireless service antennas and towers.
a. Purpose and intent. The purpose of subsection (4) of this section is to
establish predictable, balanced regulations for the siting and screening of
wireless communications equipment in order to accommodate the growth
of wireless communication systems within the city while protecting the
public against any adverse impacts on the city's aesthetic resources and
the public welfare.
b. Personal wireless service antennas. Personal wireless service antennas
erected on a municipal water tower may be allowed as a secondary use
by administrative permit, provided they comply with the city policy
regarding the use of city-owned property for wireless telecommunication
antennas and provided they meet the following conditions:
1. The antenna shall be in compliance with the state building code
and all other applicable federal and state regulations and permits.
2. Structural design, mounting and installation of the antenna shall
be in compliance with manufacturer's specifications and shall be
verified and approved by a registered professional engineer.
3. No advertising message shall be affixed to the antenna.
4. Antennas shall not be artificially illuminated unless required by
law or by the Federal Aviation Administration (FAA) to protect
the public's health and safety.
5. When applicable, proposals to erect new antennas shall be
accompanied by any required federal, state, or local agency
licenses.
6. Transmitting, receiving, and switching equipment shall be housed
within the existing structure. If a new equipment building is
necessary for transmitting, receiving and switching equipment, it
shall be situated in the rear yard of the principal use and shall be
screened from view by landscaping.
7. All obsolete and unused antennas shall be removed within 12
months of cessation of operation at the site, unless an exemption
is granted by the city administrator or designee. The removal shall
be the responsibility of the communication provider.
8. Antennas shall utilize camouflaging techniques or shall be side-
mounted to an antenna support structure in order that such
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facilities are compatible with the character and environment of
the area in which they are located.
9. The applicant shall demonstrate by providing a
coverage/interference analysis and capacity analysis prepared by
a registered professional engineer that the location of the antenna
as proposed is necessary to meet the frequency spacing needs of
the personal wireless service system and to provide adequate
portable personal wireless service coverage and capacity to the
area.
(7) Publicly owned parks and playgrounds.
(5)(8) Study and research centers owned or operated by one or more nonprofit
charitable, scientific or educational organizations, provided no building other than
a residence shall be located within 100 feet of any lot line of an abutting lot in an
R district.
a. Open space. Not more than 15 percent of land devoted to use as a study
and research center shall be occupied by structures or buildings without a
conditional use permit allowing a greater percentage of such land use. Any
application for zoning of land as an RR-1B-1 one-family rural residential
district shall be accompanied by a map or plan showing the portion of land
within the district that may be occupied by structures or buildings, which
shall become a part of the conditions upon which such zoning is approved;
and no structure or building may be located outside of such portion
without a conditional use permit allowing the structure or building.
b. Height. No structure or building in a study and research center in any RR-
1B-1 district shall exceed 30 feet in height except as provided in section
78-1366.
c. Temporary or permanent residents. No study and research center in any
RR-1B-1 district shall at any time serve as a temporary or permanent
residence for a number of persons in excess of that determined by
multiplying by 2½ the number of acres of land devoted to use as such
study and research center without a special permit allowing a greater
number of persons in such number and for such periods of time as the
council may deem appropriate, due consideration being given to the
interests of health, safety and public welfare.
d. Use. No study and research center in an RR-1B-1 district shall at any time
permit more than 300 persons to be present by invitation upon its property
without a special permit allowing a greater number of persons in such
number and for such periods of time as the council may deem appropriate,
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due consideration being given to the interests of health, safety and public
welfare.
(4) Nonrental guest apartments (no exterior ingress or egress). An apartment within
the principal residence structure on a lot for the sole use of the occupants of the
principal residence, including their domestic employees or nonpaying guests. The
only means of ingress or egress to the apartment shall be from within the principal
structure. Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such apartments
shall not have utilities metered separately from the principal residence utilities
and shall not have a separate street address.
SECTION 27. The following language has been deleted and added to Section 78-442
(Conditional Uses) of the Orono City Code:
Sec. 78-442. Conditional uses.
Within any RR-1B-1 one-family rural 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 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.
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(4)(1) Golf courses, country clubs, tennis clubs, public swimming pools serving more
than one family, scout camps, YMCA camps, YWCA non-profit camps, and
religious church camps, or private nonprofit parks, playgrounds and other similar
uses.provided that:
a. The principal structure for any of these uses shall beAll principal buildings
are located at least 100 feet or more from any abutting lot in an R
districtadjacent property zoned for residential use.,
b. All accessory buildings and structures more than six feet in height are
located at least shall be a minimum of 50 feet from any lot lineany
adjacent property zoned for residential use.
(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 in which it is to be located and thus will promote the general
welfare. Public service structures that have been approved by the city at required
public hearings for public 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
no part of the principal use is less than 150 feet from any lot line.
(8)(2) Guest houses and nonrental guest apartments.
a. Guest houses. Guest houses, provided that: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
non-paying guests. All regular lot requirements shall be met by the guest
house.
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1. the lot is at least two times the minimum lot area required by this
section; and
2. the guest house is for the sole use of the occupants of the principle
dwelling, including their domestic employees and nonpaying
guests.
b. Nonrental guest apartments (exterior ingress and egress allowed). An
apartment within the principal residence structure on a lot for the sole us
of the occupants of the principal residence, including their domestic
employees or nonpaying guests. There shall be at least one access door to
the apartment from within the principal structure, and such door shall be
the primary access to the apartment. The apartment shall be allowed to
have a door for ingress and egress to the exterior of to the building.
Application for such a guest apartment shall address the concerns of
parking, sewage treatment, entryway and interior access method. Such
apartments shall not have utilities metered separately from the principal
residence utilities and shall not have a separate street address. Guest
apartments with exterior ingress and egress, provided that:
1. the application for a guest apartment adequately addresses the
concerns of parking, sewage treatment, exterior access method,
and interior access method;
2. there is at least one access door to the apartment from inside the
principal dwelling and this door is the primary means of accessing
the apartment;
3. the guest apartment does not have a separate address;
4. the guest apartment’s utilities are not metered separately from the
principal dwelling; and
5. the guest apartment is for the sole use of the occupants of the
principal dwelling, including their domestic employees and
nonpaying guests.
(3) Personal wireless service antennas. Personal wireless service antennas erected on
a municipal structure other than a water tower may be allowed as a conditional
use if they meet the following criteria:
a. Such antennas must be in compliance with the city policy regarding the
use of city-owned property for wireless telecommunication antennas;
b. Such antennas must meet the conditions listed for personal wireless
service antennas as a permitted use in the LR-1C zoning district.
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c. Such antennas may be located in the following locations:
1. Co-located on an existing city emergency warning siren tower.
2. Co-located on a replacement city emergency warning siren tower,
with a height not to exceed 75 feet.
3. Co-located on a new city emergency warning siren tower, at a
location that meets the city's emergency warning needs, with a
height not to exceed 75 feet.
d. Such antennas shall meet the following performance standards:
1. The antennas must be located on the existing emergency warning
sirens poles, unless the height of the existing pole, or the capacity
of the existing pole to support both the siren and the antenna(s) is
inadequate to minimally meet the needs of the carrier. In this case,
the carrier may be allowed to install a replacement tower that will
accommodate both the emergency warning siren and the
telecommunications antenna(s). The existing emergency siren
towers can be replaced with towers with a maximum height of 75
feet, with the condition that the tower accommodates both the
emergency warning siren and the telecommunications antenna(s).
The city may also require the tower to have the capability of
accommodating one additional carrier's antenna(s).
2. A new emergency warning siren tower location, selected by the
city to meet its emergency warning needs, could also be used as a
telecommunications antenna site through co-location of the
warning siren and antenna. The standards set out in 1. above also
apply to a siren tower in a new location.
3. The height of a tower can be no higher than the minimum height
required to address a gap in coverage.
4. The setback of a tower from a property line must, at minimum, be
equal to the height of the tower, except where an existing
emergency warning siren is located on a site that does not enable
this setback too be provided.
5. A carrier must demonstrate through an engineering analysis that
there is a gap in coverage.
6. At the city's discretion, a tower must be designed to structurally
enable co-location by another carrier, and the carrier must agree to
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allow co-location.
7. The carrier must provide computer-generated photos showing the
views (as selected by the city) with an without the tower.
8. All consultant analysis and legal analysis related to the towers and
the lease of the towers shall be paid by the carrier.
9. The carrier is required to provide coverage maps to demonstrate
the specific gap in coverage and need for an additional tower and
antenna(s), and to demonstrate there are no existing tower options
within a radius of two miles that could accommodate the carrier's
antenna needs.
10. The size of the cabinets on the ground needed to house the support
equipment for the antennas is limited to the minimum necessary
size, as determined by the city council. Appropriate vegetative
screening of ground cabinets shall be provided by the carrier,
subject to approval by the city council. The council at its discretion
may allow the use of non-vegetative screening methods such as
berming, fencing, etc.
11. "Stealth"-type antennas (cylindrical) vs. an array of panels, is
required if the technology is available.
12. Only monopole towers are allowed.
(4) Places of worship, provided that all buildings and structures, except columbaria,
are located at least 50 feet from any adjacent property zoned for residential use.
(9)(5) Planned Residential Development, limited to detached single-family dwellings
only and subject to the limitations of division 10 of this article.
(10) Apiaries.
(11) Farms (stock), provided the area is ten or more acres.
(12) Stables and barns, public. The use of accessory buildings or land for the storage or
rearing of animals not owned by the property owner or resident. Such use must
meet the requirement of section 78-74. Further, no such structure shall be located
less than 150 feet from the nearest lot line.
(13) Riding academy. Any such instruction maintained as an accessory use and
conducted by the owner shall meet the requirements of subsection (12) of this
section, and no such instruction shall occur less than 100 feet from an adjacent
residence or less than 75 feet from the nearest lot line.
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(14) Hospitals for human care, sanitariums, rest homes, nursing homes, provided that
all buildings are located 100 feet or more from the lot line of any abutting lot in
an R district. The site shall contain not less than 600 square feet of lot area for
each person to be accommodated.
(15) Nonprofit libraries, provided that all buildings are located 50 feet or more from
the lot line of any abutting lot in an R district. Screening and signage
requirements shall be determined with each individual conditional use permit.
(16) Personal wireless service antennas. Personal wireless service antennas erected on
a municipal structure other than a water tower may be allowed as a conditional
use if they meet the following criteria:
a. Such antennas must be in compliance with the city policy regarding the
use of city-owned property for wireless telecommunication antennas;
b. Such antennas must meet the conditions listed for personal wireless
service antennas as a permitted use in the LR-1C zoning district.
c. Such antennas may be located in the following locations:
1. Co-located on an existing city emergency warning siren tower.
2. Co-located on a replacement city emergency warning siren tower,
with a height not to exceed 75 feet.
3. Co-located on a new city emergency warning siren tower, at a
location that meets the city's emergency warning needs, with a
height not to exceed 75 feet.
d. Such antennas shall meet the following performance standards:
1. The antennas must be located on the existing emergency warning
sirens poles, unless the height of the existing pole, or the capacity
of the existing pole to support both the siren and the antenna(s) is
inadequate to minimally meet the needs of the carrier. In this case,
the carrier may be allowed to install a replacement tower that will
accommodate both the emergency warning siren and the
telecommunications antenna(s). The existing emergency siren
towers can be replaced with towers with a maximum height of 75
feet, with the condition that the tower accommodates both the
emergency warning siren and the telecommunications antenna(s).
The city may also require the tower to have the capability of
accommodating one additional carrier's antenna(s).
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2. A new emergency warning siren tower location, selected by the
city to meet its emergency warning needs, could also be used as a
telecommunications antenna site through co-location of the
warning siren and antenna. The standards set out in 1. above also
apply to a siren tower in a new location.
3. The height of a tower can be no higher than the minimum height
required to address a gap in coverage.
4. The setback of a tower from a property line must, at minimum, be
equal to the height of the tower, except where an existing
emergency warning siren is located on a site that does not enable
this setback too be provided.
5. A carrier must demonstrate through an engineering analysis that
there is a gap in coverage.
6. At the city's discretion, a tower must be designed to structurally
enable co-location by another carrier, and the carrier must agree to
allow co-location.
7. The carrier must provide computer-generated photos showing the
views (as selected by the city) with an without the tower.
8. All consultant analysis and legal analysis related to the towers and
the lease of the towers shall be paid by the carrier.
9. The carrier is required to provide coverage maps to demonstrate
the specific gap in coverage and need for an additional tower and
antenna(s), and to demonstrate there are no existing tower options
within a radius of two miles that could accommodate the carrier's
antenna needs.
10. The size of the cabinets on the ground needed to house the support
equipment for the antennas is limited to the minimum necessary
size, as determined by the city council. Appropriate vegetative
screening of ground cabinets shall be provided by the carrier,
subject to approval by the city council. The council at its discretion
may allow the use of non-vegetative screening methods such as
berming, fencing, etc.
11. "Stealth"-type antennas (cylindrical) vs. an array of panels, is
required if the technology is available.
12. Only monopole towers are allowed.
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(17)(6) The pProvision of a bathtub or shower in an accessory building. Approval shall be
conditioned on provision of municipal sanitary sewer or a conforming sewage
treatment system designed to handle the anticipated flows from the building
plumbing. Approval shall be granted only when the following criteria are met:
a. The council finds that the proposed use of the accessory structure with a
bathtub or shower will not be detrimental to the residential character of the
neighborhood.
b. The council finds that the plumbing fixtures proposed are in keeping with
the intended use of the accessory building.
c. The accessory building is conforming in location, size and height.
d. The property owner agrees to the filing of a covenant in the title of the
property providing that the accessory building will not be:
1. Used for a home occupation unless specifically approved by the
city or if allowed by this Code.
2. Used as a dwelling unless a guest house conditional use permit is
obtained.
3. Rented, leased or otherwise provided for use as a dwelling under
any circumstances.
(7) Public service structures, provided that:
a. all buildings are located at least 50 feet from any adjacent property zoned
for residential use; and
b. the architectural design of the structure is compatible with the architectural
design of the surrounding area.
(8) Public stables and barns, provided that:
1. The public stable or barn is accessory to a residential use.
2. Such structures are located at least 150 feet from the nearest lot line.
(9) Riding academy, provided that:
1. It is accessory to a residential use.
2. It is operated by an owner or resident of the property.
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3. The number of horses and farm animals may not exceed the limitations of
Section 78-443(5).
4. No instruction occurs less than 100 feet from a residence on an adjacent
property or less than 75 feet from the lot line.
(10) Stock farms, provided that:
1. Excluding wetlands and wetland buffers as defined in Sections 78-1602
and 78-1605, there are a minimum of 10 acres of land devoted to the
keeping of animals and the animal density is no more than two animal
units an acre on the land devoted to keeping the animals.
2. No dwellings are permitted except one for the property owner or the
operator of the farm.
3. No accessory buildings or structures are permitted other than those
allowed for a residential use.
(11) Wholesale green houses, provided that:
1. All outside storage is fenced so as to screen the stored material from view
when observed from all public streets or adjoining lots.
2. Greenhouse structures are not located in a required yard area.
3. There are no dwellings on the property, except one for the owner or
operator of the wholesale greenhouse.
4. There are no accessory buildings or structures other than those allowed for
a residential use.
SECTION 28. The following language has been deleted and added to Section 78-443
(Accessory Uses) of the Orono City Code:
Sec. 78-443. Accessory uses.
Within any RR-1B-1 one-family rural residential district, the following uses shall be a
permitted accessory uses:
(1) Private garages and parking space.Buildings temporarily located for purposes of
constructing on the premises for a period not to exceed time necessary for such
constructing.
(2) Private swimming pools, tennis courts, and paddocks.Communication
reception/transmission devices as follows:
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a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
that are accessory to the principal use of property are permitted accessory
uses in all zoning districts provided they meet the following conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a site
plan and structural component data for the accessory antenna,
including details of anchoring. The building official must approve
the plans before installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
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antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
(3) Home occupations, as defined in this chapter. All home occupations shall comply
with the provisions of section 78-1376, and the licensing provisions of section 26-
76, when applicable.Gardening and other horticultural uses, including aviaries and
decorative landscape features.
(4) Signs, as regulated in this chapter.Home occupations, as defined in this chapter.
All home occupations shall comply with the provisions of section 78-1376, and
the licensing provisions of section 26-76, when applicable.
(5) Buildings temporarily located for purposes of constructing on the premises for a
period not to exceed time necessary for such constructing.Keeping of farm
animals for noncommercial purposes and for the use of the occupants of premises,
provided that:
1. Where the applicant requests a conditional use permit to keep
horses, there must be at least one acre for the dwelling and two
acres of open pasture for the first horse. If the applicant requests a
conditional use permit to keep more than one horse, the property
must have one additional acre of open pasture for each additional
horse. Calculations of minimum pasture acreage shall not include
any land defined as a wetland or wetland buffer under Section 78-
1602. When horses are kept stabled and do not require pasture for
feed purposes, the minimum pasture requirement may be adjusted
at the discretion of the Council.
2. Where the applicant requests a conditional use permit to keep farm
animals other than horses, there must be at least one acre for the
dwelling and one acre for each animal unit. Calculations of
minimum acreage required shall not include any land defined as a
wetland or wetland buffer under Section 78-1602.
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3. Any building or structure associated with the animals is located
more than 150 feet from the nearest adjacent residence and at least
75 feet from the nearest lot line.
4. The use is operated in compliance with Chapter 62, Animals.
(6) Gardening and other horticultural uses, including aviaries and decorative
landscape features.One roadside stand offering for sale only farm products
produced on the premises, provided such stand does not exceed 200 square feet in
area and is located at least 30 feet back from the public right-of-way.
(7) One roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least
30 feet back from the public right-of-way.Private garages and parking space.
(8) Communication reception/transmission devices as follows:
a. Accessory antennas. Accessory antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, and amateur
shortwave radio transmitting and receiving antennas. Accessory antennas
that are accessory to the principal use of property are permitted accessory
uses in all zoning districts provided they meet the following conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback
abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals
at a location in any allowable placement area, the accessory
antenna may be placed on the roof of any authorized structure on
the premises.
4. Location. Accessory antennas shall not be located within a
required yard or setback area or within drainage or utility
easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum
height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
permit. Building permit applications shall be accompanied by a site
plan and structural component data for the accessory antenna,
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including details of anchoring. The building official must approve
the plans before installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with
the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio
antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning
districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on
an antenna tower, the total height of the antenna and tower shall
not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not
be located within any required setback area and shall be located no
less than the height of the antenna and tower from the property
line.
(9)(8) The keeping of domestic animals for noncommercial purposes, including horses
for the use of the occupants of the premises. A minimum of one acre in aggregate,
exclusive of one acre for the principal building, must be available for each animal
unit, except as set forth in this subsection. A minimum of two acres of open
pasture must be available for a single horse, and one additional acre must be
available for each additional horse. When the horses are kept stabled and do not
require pasture for feed purposes, the minimum pasture requirement may be
adjusted at the discretion of the council. Such minimum pasture acreage shall not
include wetlands as defined in section 78-1602. Any person keeping such animals
must comply with the provisions of this Code.Private swimming pools, tennis
courts, and paddocks.
(9) Signs, as regulated in this chapter.
(10) Reserved.
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153661v1 129
(11) Stables and barns, private. The use of an accessory building for keeping animals
for noncommercial purposes, provided it is for the noncommercial use of the
property owner or resident and meets the available area standards outlined in
subsection (9) of this section. Further, no such structure shall be located less than
150 feet from the nearest adjacent residence and no closer than 75 feet from the
nearest lot line.
SECTION 29. Effective date. This ordinance shall be effective upon adoption and publication
according to law.
ADOPTED this ____ day of ___________________, 2010 by the Orono City Council.
CITY OF ORONO
___________________________
James M. White, Mayor
ATTEST:
___________________________
Linda S. Vee, City Clerk
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VFW Display Request [Page 1 of 6]
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VFW Display Request [Page 6 of 6]
Item #11 - CC Agenda - 11/22/2010
Continued Participation in Metropolitan Livable Communities Program
[Page 1 of 8]
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Continued Participation in Metropolitan Livable Communities Program
[Page 2 of 8]
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Continued Participation in Metropolitan Livable Communities Program
[Page 3 of 8]
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Continued Participation in Metropolitan Livable Communities Program
[Page 4 of 8]
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Continued Participation in Metropolitan Livable Communities Program
[Page 5 of 8]
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Continued Participation in Metropolitan Livable Communities Program
[Page 6 of 8]
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Continued Participation in Metropolitan Livable Communities Program
[Page 7 of 8]
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Continued Participation in Metropolitan Livable Communities Program
[Page 8 of 8]
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Vacancy on City Council [Page 1 of 5]
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Vacancy on City Council [Page 2 of 5]
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Vacancy on City Council [Page 3 of 5]
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Vacancy on City Council [Page 4 of 5]
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Vacancy on City Council [Page 5 of 5]
Item #13 - CC Agenda - 11/22/2010
Adopt Fund Balance Policy [Page 1 of 9]
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Adopt Fund Balance Policy [Page 2 of 9]
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Adopt Fund Balance Policy [Page 3 of 9]
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Adopt Fund Balance Policy [Page 4 of 9]
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Adopt Fund Balance Policy [Page 5 of 9]
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Adopt Fund Balance Policy [Page 6 of 9]
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Adopt Fund Balance Policy [Page 7 of 9]
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Adopt Fund Balance Policy [Page 8 of 9]
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Adopt Fund Balance Policy [Page 9 of 9]
Item #14 - CC Agenda - 11/22/2010
Amend Municipal Code Section 2-173 and Close Fund 229 Community Investment Fund
[Page 1 of 5]
Item #14 - CC Agenda - 11/22/2010
Amend Municipal Code Section 2-173 and Close Fund 229 Community Investment Fund
[Page 2 of 5]
Item #14 - CC Agenda - 11/22/2010
Amend Municipal Code Section 2-173 and Close Fund 229 Community Investment Fund
[Page 3 of 5]
Item #14 - CC Agenda - 11/22/2010
Amend Municipal Code Section 2-173 and Close Fund 229 Community Investment Fund
[Page 4 of 5]
Item #14 - CC Agenda - 11/22/2010
Amend Municipal Code Section 2-173 and Close Fund 229 Community Investment Fund
[Page 5 of 5]
Item #15 - CC Agenda - 11/22/2010
Close Fund 227 Improvement Equipment Outlay Fund
[Page 1 of 2]
Item #15 - CC Agenda - 11/22/2010
Close Fund 227 Improvement Equipment Outlay Fund
[Page 2 of 2]
Item #16 - CC Agenda - 11/22/2010
Liquidation of Forfeited Vehicle [Page 1 of 4]
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Liquidation of Forfeited Vehicle [Page 2 of 4]
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Liquidation of Forfeited Vehicle [Page 3 of 4]
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Liquidation of Forfeited Vehicle [Page 4 of 4]
Item #17 - CC Agenda - 11/22/2010
Liquidation of Kustom Radar Trailer [Page 1 of 1]
Item #18 - CC Agenda 11/22/2010
Authorization to Purchase Kustom Signal Radar Trailer [Page 1 of 7]
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Authorization to Purchase Kustom Signal Radar Trailer [Page 2 of 7]
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Authorization to Purchase Kustom Signal Radar Trailer [Page 3 of 7]
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Authorization to Purchase Kustom Signal Radar Trailer [Page 4 of 7]
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Authorization to Purchase Kustom Signal Radar Trailer [Page 5 of 7]
Item #18 - CC Agenda 11/22/2010
Authorization to Purchase Kustom Signal Radar Trailer [Page 6 of 7]
Item #18 - CC Agenda 11/22/2010
Authorization to Purchase Kustom Signal Radar Trailer [Page 7 of 7]
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Licenses & Permits [Page 1 of 7]
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Licenses & Permits [Page 2 of 7]
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Licenses & Permits [Page 3 of 7]
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Licenses & Permits [Page 4 of 7]
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Licenses & Permits [Page 5 of 7]
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Licenses & Permits [Page 6 of 7]
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Licenses & Permits [Page 7 of 7]
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Bills [Page 1 of 7]
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Bills [Page 2 of 7]
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Bills [Page 3 of 7]
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Bills [Page 4 of 7]
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Bills [Page 5 of 7]
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Bills [Page 6 of 7]
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Bills [Page 7 of 7]