HomeMy WebLinkAbout10-20-2008 Planning Commission Packet PUBLIC ATTENDANCE
MEETING DATE �� o2D D g
❑ COUNCIL
�PLANNING C OMMISSION PLEASE FILL OUT THE 1NFORMATION REQUESTED
BELOW FOR OUR C1TY RECORDS. � �
❑ PARK COMMISSION
❑ OTHER
PRESENT FOR(from agenda)
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Date Application Received: 9/3/08
Application Complete: 9/15/08
60 Day Deadline: 11/14/08
To: Chair Kempf and Planning Commission Members
From: Evelyn Turner, City Planner _
Date: October 20, 2008
Subject: #08-3381 Barry Tanner, 3435 Shoreline Drive
- Conditional Use Permit for Bowling Center
-----------------------------------------------------------------------------------
Zoning District: B-1 Reta.il Sales�Business
Application Summary: The applicant requests a conditional use permit to operate a
bowling center.
Staff Recommendation: Planning Staff thinks that with limitations and conditions the
ro osed bowling center would be a ro riate.
Pertinent Zoning Ordinance Sections
78-641 through 646 B-1 Retail Sales zoning district regulations
Article V Conditional Uses .
,78-949 Specific Conditions for Commercial Recreation � .
78-1491 though 1542 Parking
List of Exhibits �
� A. September 15, 2008, PC Staff Report
B. Draft PC Minutes September, 2008
--------------------------------------------------------------------------------------
Background
The Commission held a public hearing and reviewed this request on September 15. (The
� �minutes from that meeting are elsewhere on this agenda.)
There were two issues that required further Staff investigation:
Lighting_ Staff visited the site on the evening of October 13. The three lights on the utility
poles in the lower paxking lot were on. Although these fixtures appear to comply with the
requirement that no direct source of light be visible from the public right-of-way or adjacent
land there was light spillage onto the townhouse property to the south. The lights on the rear
of the building were not on. The stairs from the lower to upper paxking area were not
illuminated. The only lighting for the upper parking lot is street lights on Shoreline Drive.
The driveway entrance to the lower level parking area is lit by the lights in Lunds' parking
lot across Kelly Avenue.
Parking: Current code would require up to 133 parking spaces. The upper level of the �
building is approximately 11,000 square feet. The code would require one space for every
150 feet less space devoted to hallways, utility rooms and storage. Rather than try to
measure the space Staff suggests the use of a standard of one space for every 200 square feet
,
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#08-3381
October 20,2008
Page 2 of 4
of total floor area. This is a commonly used industry and community standard for retain
uses. It would require 55 spaces for the upper level of the building. Orono code would
require six spaces for each lane for the bowling alley. The using these two standards the total
required parking spaces for the site would be 115 spaces. _
There is currently a paved area on the Shoreline Drive side of the building that could be
- - striped for 28 spaces. The gravel and dirt parking area on the corner of Shoreline Drive and
Kelly Avenue could accommodate an additiona131 spaces, for a total of 59 possible spaces
on the upper level. The paved area on the lower level could be striped for 44 spaces. The
total possible spaces on site would be 103, which is 121ess than required by current code. ,
It is not clear if the current code would apply. There was some suggestion that the code
requirement of six spaces per bowling lane is excessive since normally the maximum nuxnber
of bowlers per lane is four.
No additional information was received from the applicant.
• - Staff Recommendation .
Planning Staff recommends the conditional use permit for a bowling center be approved with
� the following limitations:
1. Hours of operation: 10 am to 10 pm Sunday through Thursday and 10 am to 11 pm
� Friday and Saturday. - � � - � - -
2. Video Games and Pool Tables: As an incidenta.l use, up to three amusement devices
and up to two pool tables are permitted in addition to the six bowling lanes.
3. Food Service: Food service is allowed as accessory to the bowling activities. [The
applicant needs to provide more information regarding the proposed kitchen.]
4. Live Entertainment: Live entertainment is not allowed at events open to the general
public.
5. Signage: The business will be subject to the applicable sign regulations with the
following additional restrictions:
a. Only one sign of up to 20 square feet may be placed on the exterior south wall
of the building. This sign may be illuminated only when the bowling alley is
open.
b. The only illuminated window sign allowed is an open/closed sign.
+
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#08-3381
October 20,2008
' Page 3 of 4 • .
a. The bowling alley may operate with only the 44 spaces in the lower parking
lot as long as they are adequate. If additional spaces are necessary the gravel
and dirt portion of the upper paxking area shall be paved and the stairs
„ repaired.
, b. A rack for parking bicycles should be installed.
2. Lighting: �
' a. The parking area shall be illuminated during nighttime hours when the
bowling alley is open.
3. Noise:
a. While an outside area may be designated for smoking, no outdoor eating area
may be provided.
- b. No deliveries or trash/recycling servicing may occur before 7 am�or after 6
pm.
4. Screening:
a. The existing fence along the south edge of the parking area belongs to the
. adjacent townhouse association: If this fence is removed an equivalent fence
shall be constructed on the bowling alley property.
b. A solid fence with a minimum height of 42 inches shall be constructed to
� Kelly Avenue from near the encl of the existing fence on the townhouse
property. If this existing fence is extended to the property line the two fences
shall connect.
�. c. Additional screening is provided by trees on the adjacent townhouse property.
If these trees are removed the City may require planting of similar trees on the
bowling alley property.
d. Trash and recycling containers shall be stored within the building. (This may
require modifications to the storage area to comply with building and fire
codes.)
S. Property Maintenance:
a. The south exterior wa11 of the building and the south parking area shall be
restored and maintained in good condition. Specifically the following items
, require attention:
i. Pieces missing from the wood band on the wall should be replaced.
ii. The three non-functioning, wall-mounted light fixtures should be
,
�
#08-3381
October 20,2008
- - � • Page 4 of 4
removed.
iii. The entire south wall should be painted in colors similar to the current
- �colors. ,
iv. The parking lot pavement should be patched and repaired. .
v. Weeds growing within the parking lot and around the power poles
. . should be controlled.
� vi. Trees and shrubs should be trimmed to provide a minimum of 13 feet
of cleaxance over paxking/driving areas.
� vii. Parking spaces should be striped and wheel stops provided where
required. ~
. -The Commission should consider when the property maintenance items should be completed,
. . .. and if a letter of credit or bond should be required to guarantee completion or if the
possibility of revocation of the conditional use permit(and any licenses) wou�d be sufficient.
. 't'
;
Date Application Received: 9/3/08
Application Not Yet Considered Complete
To: Chair Kempf and Planning Commission Members
From: Evelyn Turner, City Planner
Date: September 15, 2008 -
Subject: #08-3381 Barry Tanner, 3435 Shoreline Drive
- Conditional Use Permit for Bowling Center -
� - Public Hearing
-----------------------------------------------------------------------------------
Zoning District: B-1 Retail Sales Business - �
Application Summary: The applicant a conditional use permit to operate a bowling �
. center.
Pertinent Zoning Ordinance Sections ,
78-641 through 646 B-1 Retail Sales zoning district regulations
78-911. Purpose of Conditional Use Permit
78-949 Specific Conditions for Commercial Recreation
78-1491 though 1542 Paxking �
List of Exhibits
A. Application . •
B. Area Map .
C. Site Plan�
D. Pertinent Zoning Ordinance Sections
--------------------------------------------------------------------------------------
Action Requested
While Staff is not opposed to the proposed use in concept, additional information is required
before Staff can make a fornial, detailed recommendation. Staff requests the Commission
discuss these points and any other the Commission, applicant or members of the public may
have and give the Staff and the applicant direction regarding any additional information
and/or modification of the application.
Proposed Beer and Wine License:
The issuance of this permit is not regulated by the zoning code and therefore is not part of
this discussion:
Hours of ope��ation: �
This was a concern of the Planning Commission and adjacent properly owners at the time of
the public hearing on the code change. At that time the Chair proposed 10 am to 10 pm
Sunday through Thursday and 10 am to 11 pm Friday and Saturday.
Noise:
This was a concern of the adjacent property owners. No outside eating area is proposed. The
applicant should be asked if accommodation will be provided for smokers or if outside eating
.
�
#08-3381
• September 15,2008
' Page 2 of 2
is contemplated. �
Trash is commonly picked up from commercial establishments early in the morning. Staff
suggests there be no deliveries or trash servicing before 7 am or after 6 pm.
Lighting:.
- The applicant should be asked about proposed parking lot lighting. Staff was unable to visit _
" the site at night to evaluate the existing lighting. A plan should be provided that would
provide adequate lighting during business and non-business hours while not encroaching on
the residential neighbors. .
Signs:
The applicant should be asked about proposed signage, including any awnings that might be
added to the building. A plan should be provided.
Parking lot screening:
To the south there is 10 feet between the edge of the parking lot and the property. The
adjacent townhouses have a privacy fence for most of the length of the common lot line.
� There are also a number of large trees on the townhouse property. Because they shade the y
' setback area it would be difficult to add screening trees in the setback area. The privacy
fence should be extended to the right of way of Kelly Avenue to block headlights and
discourage trespassing. The parking lot screening should be reviewed if the townhouse fence
is removed or if significant trees on townhouse property are removed.
Property maintenance:
The City Attorney indicates it would be appropriate to required property maintenance on the
portion of the property to be used by the bowling alley as a condition of the conditional use
permit: Items Staff found that needed attention are: �
1. A band of wood siding on the rear wall needs repair.
2. Holes in the parking lot pavement should be patched.
3. Weeds growing within the parking lot and around the power pole should be
controlled. �
4. Parking spaces should be striped and wheel stops provided where required.
Trash and recycling.• -
Trash and recycling containers are proposed to be kept in garage area. Interior modifications
may be required to this area to satisfy building and fire codes.
Parking spaces:
The required number of parking spaces is unclear as there appears to be a provision setting
the required number of spaces for buildings built before 1967 as the number that existed in
1967. This will require further research.
If the current code applies, the maximum number of parking spaces required would be 133 (6
for each bowling lane and one space for every 150 square feet of main level). If the existing
parking area were striped there would be 104 parking spaces. Storage areas, hallways,
restrooms and similar areas of the main level of the building can be excluded from the
parking requirement.
(��� . �
� Ap�ation# � ' ���E PC Exhibit A
Date Received•. ��
AmountPaid .
CITY OF ORONO - GENERAL LAND USE APPLICATION -
PROPERTY LOCATION
Site Address: 3423 Shoreline Drive
Type of Application to be Filed: Zoning Code Amendment �
Property Identification Number (P.I.D.) 2011723120034
APPLICANT
Name: Barry Tanner
Phone (home) 952-831-0241 Phone (work) 612-916-0223 .
Address: 144 Norman Ridge Drive - City: Bloomington Zip: 55437
OWNER (if different than applicant)
Name: Brook Investment Group LLC �
Phone (Office CA) 510-754-8226 Phone (Office MN) 612-490-9161
Address: 34321 Myrtle Lane City, Union City State: CA Zip: 94587_
Date Property Acquired: November 2007
I (do not) also own the adjacent parcels of land.
FEES - CONDITIONAL USE PERMITS - �
$600.00 Residential Accessory Use
$600.00 Institutional (church, school, etc.) � ��°•• •
� $600.00 Guest House/Guest.Apartments .
$600.00 Duplex Credit/Bldg �
X $600.00 Corrimercial/Industrial Use
� $600.00 Land Alteration + Permit
Grading and filling - designated wetland or floodplain
Grading and filling - 501 cu. yd. or more
Grading, seawall, retaining walls within 75' of lakeshore
PRD/PID - see Fee Schedule
$250.00 Renewal Fee (no change from original application)
� After-the-Fact Fee - Double Current Application Fee �
OTHER APPLICATIONS �
$600.00 Commercial Site Plan Review (+ consultant fees)
$600.00 Vacation �
$600.00 Easement Vacation
$100.00 Easement Vacation With Subdivision
$600.00 Rezoning
$600.00 Rezoning (PUD - refer to fee schedule)
$600.00 Comprehensive Plan Amendment
$100.00 Appeals
$600.00 Zoning Code Amendment
Other- see Fee Schedule
.—, �,
i ,
REQUIRED SUBMITTALS � �
1. Completed Application Form. �
2. Describe request in detail. ��
3. Certified Property Owners List of owners within 350' of the subject property, labels and
plat map. List, labels and map may be obtained from Hennepin County Department of
Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-
348-5910).
4. Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey
information. .
5. Attach legal description to application if not included on required survey.
6. , Topographic survey (existing and proposed contours) if land alteratioris involve
changes in elevation (grades).
. 7. List of the legal names (include marital status) of all persons with an interest in the
property. This would include name(s) of applicant(s) if not current owner(s).
8. Construction plan, if applicable (see staff for requirements). � �
9. As an addendum to this application, please attach a separate list of any other persons
you wish notified of this application. �
YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR
REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will
require scaled drawings of all documents, plans, etc. to be submitted.) ��
The Applicant and Property Owner must sign this application. Please remember that your
.application is not complete if the above information has not been included. �
Certification by Clerical Department that Land Use Application is complete.
Initials of Clerical Staff: - Date
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required �or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or
unusual expenses incurred in review of this application, and certifies that the information supplied
is true and correct to the best of his/her knowledge.
Applicant's signature������--' Date g���5
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorized reasonable
entry onto the property by City staff; consultants, agents, commission members, and Council _
members for purposes of investigation and verification of this request.
Owner's signature Date �'3^^O�
Applicant must have all submi als into the City offices 25 days before the Planning Commission Meeting. Planning
Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting,
please make arrangements to have an authorized agent attend in your place and advise the Building &Zoning Office
of this change prior to the meeting.
. f_` ��^•
t � ` '
Barry Tanner
144 Norman Ridge Drive
Bloomington, MN 55437
August 30th, 2008 �
Planning Commission
City Council
City of Orono . �
2750 Kelley Parkway
Orono MN 55356 � .
Dear City of Orono: � ,
Attached is my application and fee to request a Conditional Use Permit to a11ow myself to operate a
bowling alley named `Navarre Lanes Family Fun Center'.
The Navarre Lanes Family Fun Center would be a revival of the old Navarre Lanes business that
existed in the basement portion of the 3423-25 Shoreline Drive building from the 1950-1960's era
until it closed in 2003. Up until the business closed in 2003 the former bowling alley served light
food(pizzas and sandwiches) and held a 3.2 liquor license w/set-ups. (See Exhibits.) ,
The new Navarre Family Fun Center would operate a small kitchen that would provide food and -
drinks for patrons of the bowling alley. _
We would make no structural changes to the inside or outside of the building. All of our
improvements to the building would be cosmetic. (We would add new carpet, fresh paint, updated
fixtures, new seating and tables, etc.)
We would add a possible pool table or two and several arcade style video games to make the
Navarre Lanes Family Fun Center competitive and desirable to today's cliental.
The current plan is to refinish/repair the current bowling lanes to certified conditions. In addition
we would be making improvements to the gutters for children's `bumper bowling' and adding
scoring equipment/sound/lighting that would be needed to serve league bowlers and today's casual
recreational bowler.
Additional upgrades to pinsetters and mechanical equipment would be considered after we have re-
established the business. (These items are in current working order, but older models.) .
N
`r 1 ��
We would offer specials for children's birthday parties,private parties, league bowlers,holidays,
etc.
We plan to have leagues for children age 4-18;high school teams and adult leagues. (Both men &
, women.)
The business would be similar in size and operation to the current Country Club Lanes which
operates in Excelsior,MN and offers similar bowling, arcade games and a 3.2 beer/wine license.
(NOT set-ups.)
We believe in order to re-capture the adult league bowlers that supported the former lanes for many
years; we would have a desire and need to apply for a 3.2 beer/wine license as soon as the `Navarre
Lanes Family Fun Center' has a Condition Use Permit.
Sincerely, �
`����_�' - � X
Barry Tanner
`Navarre Lanes Family Fun Center'
Item#06-PC Agenda-09//S/08
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PC Exhibit D
,� ZONING R.EGULATIONS � §78-643
The.notification and public hearing procedure for Sec. 78-642. Permit application.
such amendment shall be the same as for ap-
proyal of the original RPUD.A major amendment � applications for a building permit in any
is any amendment which; B-1 retail sales business district shall be reviewed
lt by the council and may be referred to the plan-
(1) �S�Substantially alteis the location of build- �ng commission for review. .
ings, parking areas or roads• (Code 1984, § 10.40(2))
� �
(2) Inc e�ses or decreases the number of res- Sec. 78-643. Permitted uses.
. identi dwelling units; � � Within any B-1 retail`sales business district,no
� 3 Incr � _ structure or land shall be used except for one of
( ) eases the gross floor area o�'any indi the following uses or uses deemed similar by the
vidual buil�ding; council:
. . � �
(4) Increases the`xiumber of stories of any (1) Retail and service businesses. The follow-
building; ing neighborhood retail sales and service
businesses supplying commodities or per-
(5) Decreases the o t of open space or forming a service primarily for residents
. alters it in suc� way as to change its in the surrounding neighborhood:
original design or interi ed use; or a. Arts and school supplies store.
(6) Creates n,o�compliance wi any special b• Banks and insurance companies.
conditio .�attached to the ap�roval of the c. Barbershops and beauty shops.
master evelopment plan. d. Bicycle sales and repair.
� Any other amendment may be made th�rough e. �Books, magazines, record shop.
� review and approval by a simple majority vo�e of f. Drugs, candy,ice cream, soft drinks,
. the council. ti.,
, .cosmetics and other usual drugstore
(Ord./1Vo. 202 2nd series, §.1(8), 2-26-2001) merchandise.
f � g. Dry cleaning and laundry pickup
�Secs. 78-630-78-640. R.eserved. stations, including incidental press-
ing and repair.
DIVISION 12. B-1 RETAIL SALES BUSINESS h• Garden supplies, florist shop.
DISTRICT* i. Gift or antique shops.
j. Hardware store, paint store.
. Sec. 78-641. Purpose. k. Hobby shops, camera and photo-
graphic supply stores.
The B-1 retail sales business district is in- �
tended to provide a district for businesses that 1. Jewelry shops and repair.
supply commodities or perform a service prima- m. Laundromats. `
rily for residents in the surrounding neighbor- n. Locksmith.
hood. The district may adjoin residential districts
or other business districts �which are subject to o. Music,radio,TV,appliance sales and
more restrictive controls. The district shall have repair stores.
immediate access to adequate highways and pub- p. Newsstands.
lic sanitary sewer. q. Office supply store, office machine
(Code 1984, § 10.40(1)) store.
"Cross reference—Businesses,ch.26. r. Pet shop.
CD78:123
. �
§78-643 ORONO CITY CODE ,
s. Pipe and tobacco shops. majority of customers order and are served
t. Plumbing, electrical, .heating, their food to be consumed at a counter in
housewares, furniture, carpet store. packages prepared to leave the premises;
or a drive-in where most customers con-
u. Postal substation. , sume their food in an automobile regard-
' v Real estate sales. • less of how it is served, or restaurants �
w. Retail food of all varieties and home which serve intoxicating liquor or have
supplies. live entertainment. .
...g. .._ Sewing center and yard goods. - (5) Off-street parki.ng when the principal site
y. Sporting goods store. of the off-street parking abuts on a lot
which is another B or l district and is in
z. Tailor shops. ' the same ownership as the land in the B
� aa. Temporary sales, such as Chxistmas or l district and subject to those condi-.
tree lots. . tions as set forth in article X,division 5,of
this chapter and such other conditions as
bb. �avel bureau. found necessary by the council.
cc. Variety store. �
(6) Public service structures, including but
dd.� Wearing apparel store, shoestore. not li.mited to electric transmission lines , .
� ee. Off-sale liquor store. and buildings, such as telephone eg-
ff: Home and garden equipment rental. change stations, booster or pressure sta-
tions, elevated tanks, lift stations and
(2) Municipal buildings.,Municipal buildings electric power substations.Personal wire-
where the use conducted is customarily - less service and commercial broadcasting
. considered to be an office use. antennas and towers shall not be consid- �' '
� (Code 1984, § 10.40(3); Ord. No. 152 2nd se�es, ered public service structures.
§ 1, 10-28-1996) j;r�•����,y�'���� (7) Day nurseries, provided not less than 50 .
• ly �`����.�i square feet of outside play area per pupil
Sec. 78-644. Conditional uses. is available and fenced.
Within the B-1 retail sales business district,no
structure or land shall be used for one of the �8� Professional office and offices of a general
following uses without a conditional use permit: � nature. �
(Code 1984,.§ 1a.40(4); Ord. No. 161 2nd series,
(1) Garages for the servicing and repair of § 8, 6-7-1997; Ord. No. 183 2nd series, §§ 1, 2,
automobiles,provided repair functions are 2-22-1999)
totally enclosed in a building. �
(2) Motor fuel stations subject to the provi- Sec. 78-645. Accessory uses.
sions set forth in section 78-1373. Within any B-1 retail sales business district,
(3) Restaurant(class I),in which food is served the following uses shall be permitted accessory
to customers while seated at counter or uses:
table, or cafeteria, in which food is se- . (1) Private garages, off-street parking and
lected by a customer while going through loading spaces, as regulated in this chap-
a line and taken to a table for consump- ter.
tion. Neither live entertainment nor in-
toxicating liquor sales axe permitted in (2) Signs, as regulated in this chapter.
class I restaurants. (3) Buildings temporarily located for pur-
(4) Restaurant (class II), i.e., a fast food, poses of construction on the premises for a
convenience, drive-in, or liquor store res- period not to egceed time necessary to
taurant, which is a restaurant where a complete the construction.
CD78:124
ZOrTING REGULATIONS §7&645 � ��
(4) Decorative landscape features. 5. Building permits. A building
� (5) Fences, as regulated in this chapter. Permit shall be required for the
installation of any accessory an-
(6) Any incidental repair or processing neces- tenna requiring a conditional
sary to conduct a permitted principal use, use permit.Building permit ap-
provided that the incidental use shall not � plications shall be accompa-• �
exceed 30 percent of the floor space of the nied by a site plan and struc-
principal building. tural component data for the
accessory antenna,including de-
(7) Public telephone booths. tails of anchoring.The building
(8) Communication reception/transmission de- off'icial must approve the plans
vices. before in.stallation.
6. Lighting protection.Each acces-
' a. Accessory ant�nnas.Accessory anten- • sory antenna shall be grounded
nas shall be limited to radio and. to protect against natural light-
television receiving antennas, satel-
lite dishes, TVRO's, and amateur �g strikes in conformance with
� shortwave radio transmitting and . the National Electrical Code as
- _ receiving antennas.Accessory anten- adopted by the city.
nas that are accessory to the princi- 7• Electrical code. Accessory an-
� pal use of the property are permitted tenna electrical equipment and
accessory uses in all zoni.ng districts, connections shall be designed
provided they meet the following con- and installed in conformance
- ' ' ditions: with the National Electrical
!� Code as adopted by the city.
; 1. Height. A ground mounted ac- •
' - ' cessory antenna shall not eg- $• Color/content.Accessory anten- '
ceed 20 feet in height from nas shall be of a neutral color
` ground level. � - . and shall not be used as signage.
_ 2. Yards.Accessory antennas shall b. Amateur shortwave radio antennas
not be located within the re- and towers. Amateur shortwave ra-
quired front yard setback, cor- dio antennas and fowlers which do .
ner side yard setback or side not meet the conditions for accessory
yard setback abutting a street. antennas, may be allowed with a
. 3. Roofs. If vegetation or obstruo- conditional use permit in all zoning
tions interfere with satellite sig- �stricts provided they meet the fol-
nals at a location in any allow- lowing conditions:
able placement area, the 1. Height.When an amateur short-
accessory antenna may be wave radio antenna is mounted
.. . . placed on the roof of any autho- on an antenna tower, the total
rized structure on the premises. height of the antenna and tower
4. Setback. Accessory antennas
shall not egceed 65 feet.
shall not be located within a 2. Yards. Amateur shortwave ra-
required yard or setback area dio antennas and towers shall
or within drainage or utility not be located within a front,
easements. Antenna towers corner side or side yard.
shall be set back from adjacent 3. Setbacks. Amateur shortwave
property lines a horizontal dis- radio antennas and towers shall
tance no less than the ma�- not be located within any re-
;
. mum height of the antenna. quired setback area and shall
CD78:125 •
§78-645 . ORONO CITY CODE _.
be located no less than the c. Specially designed precast concrete
height of the antenna and tower units if the surfaces have been in.te-
from the property line. . . _, � grally treated with an applied deco-
(Code 1984, § 10.40(5); Ord. No. 161 2nd series, rative material or texture;
§ 8, 6-7-1997; Ord. No. 183 2nd series, § 3, �
2-22-1999) � d. Factory fabricated and finished metal � '
framed panel construction, if the
Sec. 78-646. Area,height,lot width, setback Panel materials are of any of those
requirements and design re- , noted in subsections(g)(1)a--c ofthis
� quirements. section; or
(a) Ared. In any B-1 district, the minimum lot e. Other materials as may be approved
size shall be 20,000 squaze feet. by the council. Combinations of such _ .
. materials shall be permitted.
(b) Lot width. The m;n;mum lot width shall be
100 feet. (2) All subsequent additions and outbuild-
� ings constructed after the erection of an
(c) Front yards. The m;n;m�front yard shall original building or liuildings shall be
be 20 feet. constructed of materials comparable to
� those used in the original construction
(d) Rear y¢rds. The minimum rear yard shall and shall be designed in a manner con-
be 30 feet, a side yard adjacent to any R district forming with the original azchitectural
shall be 15 feet, and a side yard adjacent to a design and general appearance.
street shall be ten feet. " ,
�-.
� � (3) No building or structure of a temporary ;
(e) Setback requirements. No building shall be character,trailer,basement,tent or shack .
nearer than 35 feet to any front lot line, 35 feet shall be constructed, placed or main-
from any rear lot line, 15 feet from any side lot tained upon the property egcept as acces- •- -•�•-- �
line, or 35 feet to a side lot line adjacent to a sory to and during the construction of
street; except abutting or across the street from permanent buildings.
an R district,no building shall be less than 3.5 feet
from such lot line.
(h) Drainage. No land shall be developed and �
(f� Fencing. Wherever a B-1 retail sales busi- no use shall be permitted that results in water �
ness district abuts an R district, along the side or �off causing floods, erosion or deposits on adja- .
rear lot line, a fence or compact evergreen hedge cent properties. Site and drainage plans shall be
no less than 50 percent opaque nor less than six submitted by the applicant in such detail as
feet in height shall be erected along the abutting required by the council, and those plans shall be
lines egcept within the required front yard. reviewed by the city engineer before submission
to the planning commission and council for ap-
(g) Building design dnd construction. In addi- proval. Such runoff may be required to be prop-
tion to other restrictions of this chapter, the use, erly channeled into a natural watercourse, pond-
construction, alteration or enlargements to any ing area, storm drain or other public facilities.
building or structure within the district shall Any change in grade affecting water runoff,
meet the following standards: whether onto�djacent property or otherwise,must
be in compliance with the surface water manage-
(1) All egterior wall finishes on any building ment plan and shall be consistent with other
shall be: _ applicable regulations or provisions of this Code
a. Face brick; and subject to the approval of other agencies
having jurisdiction over the area affected by the
b. Natural stone; drainage.
CD78:126 -
. 1'�C �kh�b�� �"L
ARTICLE V. CONDITIONAL:USES
DIVISION 1. GENERALLY �
Secs. 78-886--78-910. Reserved. �
DIVISION 2. PERMIT* �
� *State law references: Conditional use permits, Minn. Stat. § 462.3595. �
Sec. 78-911. Purpose.
In order to give the district use regulation the flexibility necessary to achieve the objectives of
this chapter, in certain districts, conditional uses are pernutted, subject to the granting of a use
_ permit. Conditional uses include those uses generally not suitable in a particular zoning district,
but which may under some circumstances be suitable. When such circumstances exist, a -
conditional use permit may be granted. Conditions may be applied to issuance of the pernut, and
a periodic review of the permit may be required.The permit shall be issued for a particular use
and not for a particular person. Because of their unusual characteristics, conditional uses require
consideration so they may be located properly with respect to the objectives of this chapter and
the comprehensive municipal plan and with respect to their effects on surrounding properties. In
. order to achieve these purposes, the council is empowered to grant and to deny applications for .
conditional use pernuts and to impose reasonable conditions upon the granting of these permits.
(Code 1984, § 10.09(1)) ,
Sec. 78-912. Reference to planning commission. .
Before the council may grant conditional use permits for such conditional uses as prescribed in
the district regulations of this chapter, the request shall be referred to the planning commission
for study concerning the effect of the proposed use on the ordinance and on the character and
development of the neighborhood and for recommendation in regard to granting such conditional
use and its conditions, if any, or for the denial of such conditional use. The council may by
unanimous action waive reference to the planning commission. '
(Code 1984, § 10.09(2)) � �
Sec. 78-913. Application.
Whenever this chapter requires a conditional use permit, an application in writing may be filed
with the zoning administrator,together with such filing fee as may be established by the council
and shall be accompanied by a site plan and such information and showing as may be necessary
or desirable, including but not limited to the following:
(1) Site plan drawn at scale dimensions with setbacks noted.
(2) Location of all buildings, heights and square footage.
(3) Curb cuts, driveways, paxking spaces.
(4) Off-street loading areas.
(5) Drainage plan. -
(6) Type of business, proposed number of employees by shift.
(7) Proposed floor plan with use indicated and building elevations.
. (8) Sanitary sewer and water plan with estimated use per day.
(9) A lighting plan showing the lighting of parking area,walks, security lighting and
driveway entrance light. �
(10) A landscape plan with a schedule of the plantings. .
' (11) An abstractor's certified property certificate showing the property owners within
350 feet of the outer boundaries of the property in question.
.• � - (Code 1984, § 10.09(3)) .
� Sec. 78-914. Failure of planning commission to act.
If no recommendation is transmitted by the planning commission within 60 days after referral of
the application for conditional use to the commission, the council may take action without
further awaiting such recommendation.
(Code 1984, § 10.09(4))
� Sec. 78-915. Hearings and notice.
The planning commission or council may hold a public hearing on each application for a
conditional use pernut.Notice of the public hearing shall be given not less than ten days or more
� than 30 days prior to the date of the hearing by publication in the official newspaper for the city.
Such notice shall contain the description of the land and the proposed conditional use and the .
time and place of the hearing. At least ten da.ys before the heaxing, the city clerk shall ma.il an
identical notice to the owner and to each of the property owners within 350 feet of the outside
boundaxies of the land in question. For the purpose of giving mailed notice,the person
responsible for mailing the notice may use any appropriate records to determine the names and
addresses of owners. A copy of the notice and a list of the owners and addresses to�which the
notice was sent shall be attested to by the responsible person and shall be made a part of the
records of the proceedings. The failure to give mailed notice to individual properiy owners or
defects in the notice shall not invalidate the proceedings,provided a bona fide attempt to comply
with this section has been made. At the public hearing the planning commission�or the council
sha11 review the application and the sta.tements and drawings submitted with the application and
shall receive pertinent evidence concerning the proposed use and the proposed cont�itions under
which it would be operated or maintained. Any party may appear at the hearing in person or by
agent or attorney. Subject to such limitations as may be imposed by the council, the planning
commission or the council may adopt rules for the conduct of proceedings before it. Such rules
may include provisions for the giving of oaths to witnesses and the filing of written briefs by the
parties. The city shall provide for a record of the proceedings, which shall include the minutes of
the meetings,the fmdings, and the action taken on each matter heard, including the final action.
(Code 1984, § 10.09(5))
State law references: Conditional use permit hearings, Minn. Stat. § 462.3595, subd. 2.
� � ' � Sec. 78-916. Granting of pernut. �
(a) The planning commission may recommend and the council may grant a conditional use
permit as the use permit was applied for or in modified form, if on the basis of the application
and the evidence submitted the city makes the following findings:
(1) That the proposed location of the conditional use is in accord with the objectives of
this chapter and the purposes of the district in which the site is located and the
comprehensive municipal plan; •
(2) That the proposed location of the conditional use and the proposed condition under
which it would be operated or maintained would not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the vicinity;
and �
(3) That the proposed conditional use will comply with each of the applicable provisions
of this chapter.
(b) A conditional use permit may be revocable,may be granted for a limited time, or
may be granted subject to such conditions as fhe council may prescribe.
(c) A conditional use permit shall remain in effect as long as the conditions agreed upon
are observed, but nothing in this section shall prevent the city from enacting or amending
official controls to change the status of conditional uses.
(d) A certified copy of any conditional use permit shall be filed with the county recorder
or registrar of titles. The conditional use pernut shall include the legal description of the
property included.
(Code 1984, § 10.09(6)) .
Sec. 78-917. Denial of permit. -
The council shall set forth contemporaneously in writing and in detail all the reasons for the
denial of the conditional use permit application.No application for a conditional use permit
which has been denied wholly or in part shall be resubmitted for a period of six months from the
date of denial, except on grounds of new evidence or proof of changes of conditions found to be
valid by the planning commission.
(Code 1984, § 10.09(7)) �
Sec. 78-918. Lapse of permit. ,
A conditional use permit shall lapse one year following the date on which it became effective
unless prior to that time a building permit is issued by the building inspector and construction is �
commenced and pursued toward completion on the site which was the subject of the conditional
use permit application. A conditional use permit may be renewed for an additional period of one .
year provided the request is filed prior to the expiration of one year from the date when the use
permit is filed with the zoning administrator. The council may grant or deny an application for
renewal of a conditional use permit.
(Code 1984, § 10.09(8))
Sec. 78-919. Lapse of use. � -
Should a conditional use permit lapse or cease for a period of six months, future use shall be in
conformance with the terms of this chapter unless such lapse or cessation is deternuned to be due
to illness, natural disaster or acts of war.
(Code 1984, � 10.09(9))
State law references: Conditional use permit duration, Minn. Stat. § 462.3595, subd. 3.
, Sec. 78-920. Conditional use permits for nonconforxning uses.
All nonconforming uses actually and legally existing on December 1, 1974, shall be issued a
conditional use pernut upon application not later than January 1, 1976. Such conditional use
pernut shall allow the continua.tion of the nonconforming use to the same extent and degree as
then existing on December l, 1974. Such permits shall be granted without application fee, and
the council shall be limited in such permits to the full and accurate sta.tements of the conditions
- . " perta.ining to the existing uses. Such permits shall not be subject to periodic review. �" '
(Code 1984, § 10.09(10))
' Sec. 78-921. Review upon neighbors' petition.
Conditional use permits shall not be subject to periodic council review for the purpose of change �
or revocation unless such a review is one of the conditions of the original permit or unless the
actual land use is determined to be in violation of the terms of the permit; however, upon petition
of 75 percent or more of the adjacent property owners (defined here as those whose property lies
within 1,000 feet of the property subject to the conditional use permit), the council shall hold a
public hearing on the continuation of the permit. The council shall determine, after such public
hearing, whether the continuation of the conditional use in question is consistent with the health, �
. . � safety and general welfare of the residents of the city. The council may, after such petition and
. hearing, continue the conditional use permit unchanged; approve a new permit with such
additional conditions as may be necessary to protect health, safety or general welfare; or
terminate the existing conditional use permit. Upon termination of a conditional use pernut,the
council may allow the former conditional use pernut to continue for such period not in excess of
one year as may be required to provide time to move or otherwise relocate in a zone where such
use is pernutted. �
(Code 1984, § 10.09(11))
Sec. 78-922. Unlawful act.
It is unlawful to violate any condition of a conditional use permit.
(Code 1984, § 10.09(12))
. �C E�h t b� �-
�-3
Sec. 78-947. Mining.
The commercial extraction of sand, gravel or other material from the land..-ari��their
removal from the site without processing shall be mining. In all districts, th�c.on�i c of mining
shall be peirnitted only upon issuance of a conditional use permit. Such��rmrt shall include, as a
condition, a plan for�.a finished grade which will not adversely affe'ct the surrounding land or
development of the site on v�hich the mining is being conducted,�and the route of trucks moving
• to and from the sites. A bond wi11�b:.,,required for res or�fion. � .
�.
Sec. 78-948. Soil processing. ��
The operation of processin- of sand, gravel orpother material mined from the land shall be
permitted only by condit��1 use permit. Such conditional��use permit shall include a site plan
where the processin i-s to be done, showing the location of the plant, disposal of water, route of
trucks moving�to and from the site in removing processed material from the site, the condition in
which th ite is intended to be left upon completion, hour of operation; and suc'h permit shall not
b�r�ed for a period of longer than 12 months.
Sec. 78-949. Commercial Recreation.
A conditional use permit is required for commercial recreation uses The council shall
�rant a conditional use permit onlv after the applicant demonstrates that nublic safetv health and
welfare will not be ne�ativelv a£fected bv the use in particular the use will not create traffic
con�estion, interfere with the operation of adiacent uses and create an unreasonable demand for
public safetv services. If a commercial use is part of a multi-tenant buildin� anv exterior
alteration shall be compatible with the architectural stvle of the buildin� Such conditional use
• permit mav include conditions to miti ate potential adverse effects on adjacent uses includin�
but not limited to restricting the hours of operation and total floor area of the use
� SECTION S. This ordinance shall be effective upon its approval and publication.
ADOPTED by the City Council of the City of Orono this day of
2008, by a vote of_ ayes and_nayes.
� CITY OF ORONO � ,
. James White, Mayor
ATTEST:
Linda S. Vee, City Clerk
139943 j
�t C L-LCh�b� k- .
, l7- 4; `
§78-1468 � ORONO CITY CODE • .
� D^I�• lU°. 3�,��.��c� :
Sec. 7�1468. Signs in B and I districts. Secs. 7&1469-78-1490. Reserved.
Within the B and I districts, wall and monu-
ment signs are permitted subject to the following DIVISION 5. OFF-STREET PARKING AND
regulations: LOADING* •
(1) B-I,�B-2 and B-4:size. Within the B-1,B-2
and B-4 clistricts, the aggregate square Subdivision I. In General
footage_ of sign�space per lot shall not
egceed the sum of one square foot for each Sec. 78-1491. Generally. ,
front foot of building,plus one square foot
for each front foot of lot not occu�ied by a (a) Purpose of off-street parking and loading �
building. No individual sign shall egceed requirements.-Regulation of off-street parking and
50 square feet. loading spaces in this division is to alleviate or �
t
(2) B-3: size. Within the B-3 ddstrict, the Prevent congestion of the public right-of-way and .
aggregate square footage of s'gn space per so to promote the safety and general welfare of
lot shall not egceed the sum�f four square the public by_establishing minimum require-
feet per front foot of building, plus one ments for off-street parking, loading and unload-
square foot per fi;ont foot�f property not �g from motor vehicles in accordance with the
occupied by a builciing.N� individual sign utilization of various parcels of land and struc-
surface shall exceed 100,�square feet. tures.All applications for an occupancy certificate
�, � in all districts shall be accompanied by a site plan
(3) I:size.Within any I distr�.ct,the aggregate �awn to scale and dimensioned in.dicating the
square footage of sigri�space per lot shall location of off-street parl�ng and loading spaces
. not exceed the sum of four square feet per � compliance with requirements of this division. �^
front foot of building,plus one squaxe foot
per front foot of property not occupied by a (b) Application of parking rules in all districts.
. building.No individual si'gn surface shall In addition to the regulations and requirements
exceed 100 squar�feet. set forth elsewhere in this chapter,the provisions
(4) B-I, B-2 dnd B- : height. Within the B-1 of this division regardin.g off-street parking shall
B-2 and B-4 dis: 'cts,no sign�shall extend apply to the required and nonrequired off-street
in height mor th�a two fee�t above the parking facilities in all use districts.
highest outs� e wall or parape t of any
principal building, nor shall any sign be (c) Parking requirements waived for buildings
� located closer than ten feet from any prop- under construction on September 14, 1967. Struc-
erty line• except that any sign o�er ten tures or uses for which a building permit has been
square fee�t may project two feet in`to any issued prior to September 14, 1967,but for which
required�yard area from the principal work has not been completed shall be egempt
building. � from the parl�ng requirements of this divisiori if
� the structure is started within six months after
(5) B-3 dn•d I: height. Within any B-3 or I
district, no sign shall extend in height - September 16, 1967,and continues to completion.
moref than six feet in height above the
high�st outside wall or parapet of any (d) Existing parking not to be reduced. Off-
/ • street parking spaces and loading spaces e�sting
principal building. No sign shall be lo-
cated closer than ten feet from an ro on September 14, 1967, shall not be reduced in
y p p number unless the number egceeds the require-
e�ty line, except that any sign exceeding t ments set forth in this division for a similar new .
tren square feet may project only two feet �
�into the yard area from any building. use.
(Code 1984, § 10.61(3); Ord. No. 6 3rd series, § 2, �Cross referenc�-Stopping,standing and parki.ng gen-
4-26-2004) erally,§66-76 et seq. '
Supp.No. 2 ' CD78:222
�,,.._.
, ZONTNG REGULATIONS ._ §78-1512
i •
(e) Floor ared. The term "floor area" for the rage stalls accessory to residential struc-
purpose of calculating the number of off-street tures may be located anywhere on the lot
parking spaces shall mean the net usable floor other than a required yard area, except
area of the various floors, devoted to retail sales, � that such garages may be located to within
' services,office spaces,processing and fabrication, ten feet of an interior side lot line and to
� egclusive of hallways, utility space and storage within ten feet of a rear lot line subject to
areas other than warehousing. this chapter. Open parking spaces on lots
. (fl Seating facilities. In stadiums, churches must have a location other than a re-
and other.places of public assembly in which q�'ed yard, except that such parl�ng
patrons or spectators occupy benches, pews or may be located in a rear yard to within
other similar seating facilities, each 22 inches of ten feet of an interior side lot line and to
such seating facility shall be counted as one seat .. �thin ten feet of a rear lot line.
� for the purpose of determining required parking. (2) B districts. Within the B-2 district park-
ing may not be allowed in any required
(g) Size of pdrking spdces. Each parking space y�d or landscaping area.Within the B-1,
. shall be not less than nine feet wide and 20 feet B_3 and B-4 districts,parl�ng spaces and/or
long, and each space shall be served adequately g�ages shall be located in areas other
� by access drives.For purposes of calculating park- than a required yard; except that parking
ing space requirements,one parking space for one may be located in a rear yard to within-
vehicle shall equa1300 square feet of storage and three feet of the rear or side lot line unless
maneuvering area, including access drives. the rear or side lot line is in common with
(h) Commercial vehicle pdrking.Off-street park- an R district; in which case the setback
ing accessory to residential use shall be subject to distance shall be the same as required for
. I the provisions of section 78-1577. Additionally, the R district.
.. vehicles in excess of 14,000 pounds GVW shall be (3) I districts. Within I districts, off-street
subject to the provisions of section 78-1577(3)b. p��ng spaces shall be not less than 20
and no trailer in excess of 10,000 pounds GVW feet from an.y street right-of-way line nor �
shall be parked or stored in a residential district less than five feet from any interior side
except when loading, unloading or rendering a lot line or rear lot line,except when a side
service. or rear lot line is abutting an R district;in
(i) Locdtion ofparking.Required off-street park- that case, off-street parking shall be not
� ing in the R districts shall be on the same lot as less than ten feet from said lot lines. 2
the principal buildin.g. . (Code 1984, § 10.61(5)) h� �`p:3 f �
(Code 1984, § 10.61(4); Ord. No. 4 3rd series, § 1, � �, Q3 r��(,
11-11-2003) Sec. 78-1512. Joint parl�ng. � ,a
�� ' Required parking facilities serving two or more
Secs. 78-1492-78-1510. Reserved. ,�.L3�uses in the B or l districts may be located on the
�p• same lot,provided that the total number of park-
Subdivision IL Parking ��. �(p ing spaces so furnished shall be not less than the
�,p,9. �� sum total of the separate requixements for each
Sec. 7&1511. Setbacks for parking. I� •1��� use ancl provided:
Required off-street parking in all districts shall (1) The proposed joint parking space is within
meet the following setback requirements: 30 feet of the use it will serve;
(1) R districts. Within all R districts, all ve- (2) The applicants shall show that there is no
hicles normally owned or kept by the substantial conflict in the principal oper-
occupants on the premises must have a ating hours of the two or more buildings
� garage stall or open paxki.ng space on the or uses for which joint use of off-street
same lot as the principal use served. Ga- parking facilities is proposed; and
Supp.No.2 CD78223
§78-1512 ORONO CITY CODE
!
(3) A properly drawn legal instrument ap- (d) Surfacing. All of the area intended to be
proved by the city attorney and egecuted utilized for parking space and driveways for four
by the parties concerned for joint use of or more vehicles shall be surfaced with material
off-street parking facilities shall be filed to control dust and drainage.
with the city clerk. This instrument may • • -
be a three or more party agreement, in- (e) Zighting. If lighting is provided, it shall be
cluding the city. accomplished in such a manner as to have no
(Code 1984, § 10.61(6)) direct source of light visible from the public right-
.. - of-way or adjacent land.
Sec. 78-1513. Control of parl�ng facilities. (fl Curbing. All open off-street parking areas
When required accessory off-street parking fa- designed to have head-in parking along any lot
cilities are provided elsewhere than on the lot on line shall provide a tire bumper or curb of ade-
which the principal use served is located,written quate height and properly located to ensure that
authority for using such property for off-street no part of an.y car will project beyond the required
parking shall be filed with the city so as to setbacks.
maintain the required number of off-street park- (Code 1984, § 10.61(9))
ing spaces during the egistence of the principal �
use.No such parking facilities at its closest point ec. 78-1516. Require off-street parking.
shall be located more than 100 feet from the ��• No,3L� 3'�,� �zr�a �-a7—o,6
premises nor more than 300 feet from the princi- �ere the principal use of the structure served
pal use or building served. is as listed,the minimum parking facilities (open
(Code 1984, § 10.61(7)) or enclosed) shall be as shown.
(1) Single-family dwelling, two per dwelling ;'� �
Sec. 7&1514. Storage prohibited. �t, f
,
Required off-street paxking space in all dis- (2) Multiple dwelling, two per dwelling unit. .
tricts shall.not be utilized for open storage of.
goods or for the storage of vehicles which are (3) Motel, motor hotel, motor court or hotel,
inoperable; for lease, rent or sale. four,plus at least one for each guest room
(Code 1984, § 10.61(8)) provided in the d"esign of the building.
Sec. 78-1515. Design and maintenaace of �4) School, high school through college, at
least one for each seven students based on
parking areas. design capacity, plus one for each three
(a) Access. Parking axeas shall be designed so classrooms.
as to provide an adequate means of access to a (5) Churches, auditoriums, undertaking es-
public alley or street. This driveway access shall tablishments, at least one for each four
not exceed 30 feet in. width at the public walk
centerline and shall be so located as to cause the seats based on the design capacity of the
main assembly hall.
least interference with traffic movement. All off- .
street parking spaces shall have access off drive- �6) Theater, athletic field, at least one for
ways and not directly off a public street. each sig seats of design capacity.
(b) Fractional spaces. When the dete�-►n�n;ng (7) Community center, post office, YMCA, �
of the number of required off-street parking spaces YWCA,physical cultural studio,pool halls,
results in a fraction, each fraction of one-half or libraries,private clubs,lodges, museums,
more shall constitute another space. ten, plus one for each 300 square feet of
(c) Signs. Signs located in any parking area floor area in egcess of 2,000 square feet of
necessary for orderly operation of traffic move- floor space in the principal structure.
ment shall be in addition to accessory signs oth- (8) Hospital, at least one for each three hos-
erwise permitted. pital beds.
Supp.No.2 CD78:224
i
ZONIIVG REGULATIONS §78-1539
(9) Golf courses, country clubs, tennis clubs, (20) Manufacturing, fabrication or processing
public swimming pools, 20, plus one for of a product or material,at least four,plus
each 300 square feet in egcess of 1,000 � one for each 800 square feet of building.
square feet of floor space in the principal _ , _ One additional off-street parking space
structure. shall be provided for each 2,500 square . -
(10) Day nurseries,four,plus one for each 500 feet or fraction thereof of land devoted to �
square feet in egcess of 1,000 square feet outside storage.
of floor space in the principal structure. (Code 1984, § 10.61(10))
(11) Office buildings and professional offices, Secs. 78-1517-78-1535. Reserved.
banks, savings institutions, at least one
for each 200 square feet of floor area. Subdivision III. Loading
(12) Drive-in establishments, at least one for
each 15 square feet of floor area in the Sec. 78-1536. Application of loading rules to
building. ,, all dist 'cts.
/�ee(,is.��v ;�, 3,���� 3�a 7–d�
(13) Bowling alley, at least sig for each alley. The regulations and requirements regarding
� (14) Motor service stations,at least three,plus off-street loading and unloadi.ng shall apply to the .
two additional off-street paxking spaces required and nonrequired loadirig and unloading
for each service stall. facilities in all the districts.If in the application of .
these requirements a fractional number is ob- �:
(15) Retail sales and service establishments, tained, one loading space shall be provided for a
� at least one for each 150 square feet of net fraction of one-ha}f or more, and no loading space
�� - floor area. shall be required for a fraction of less than one-
'` • half. .
(16) Restaurants, cafes, bars, taverns, night- ' (Code 1984, § 10.61(11))
clubs, at least one for each 80 square feet
of public f].00r area. ' Sec. 78-1537. Location of loading berths.
(17) Furniture store, appliance store, ware- �loading berths shall be 25 feet or more from
house under 15,000 square feet of floor .
area,auto sales,grainhouses,kennels and the intersection of two street right-of-way lines.
studios,�at least one for each 500 square � Loading berths shall not occupy any yard require-
. feet i.n egcess of the first 500 square feet of inent bordering a street.
. floor area in the principal structure. (Code 1984, § 10.61(12))
(18) Auto repair, major, bus terminals, ta� Sec. 78-1538. Size of loading berths.
terminals,boat and marine sales and ser- .
vice, bottling companies, shop for trade Unless otherwise specified, the first berth re-
(employing sig people or less), garden Q�'ed shall not be less than 12 feet in width and
supply stores,building materials sales, at 25 feet in length. Additional berths shall be as
least eight, plus one for each 800 square specified,but not less than 12 feet in width and 25
feet of floor area over 1,000 feet,including feet in length.All loading berths shall maintai.n a
warehousing and all outside sales and height of 14 feet or more.
storage area related to the sales and ser- (Code 1984, § 10.61(13))
vice functions.
Sec. 78-1539. Access to loading berths. �
(19) Skating rinks,ski areas,dance halls,pub-
lic auction houses, and similar recre- Each loadi.ng berth shall be located with appro-
ational uses, at least 15,plus one for each priate means of access to a public street or alley in
' 300 square feet of floor area over 1,000 a manner which will ieast interfere with traffic.
square feet. (Code 1984, § 10.61(14))
Supp.No.2 CD78225
§ 78-1540 ORONO CITY CODE •
Sec. 78-1540. Surfacing of loading berths. that half or more of the total number of
All loadi.ng berths and accessways shall be berths required shall be 50 feet in length.
improved with a durable material. (4) For other uses, there shall be provided
•(Code 1984, § 10.61(15)) adequate off-street loading space in con-
� nection with all structures which require .
Sec. 78-1541. Storage prohihited. receipt or distribution of materials by.
vehicles.
Any area allocated as a required loadi.ng berth (Code 1984, § 10.61(17)) . _ _ .
or access drive, so as to comply with the terms of '
this division, shall not be used for the storage of Secs. 78-1543-78-1565. Reserved.
� goods or inoperable vehicles nor be included as a
part of the area necessary to meet the off-street DIVISION 6. PERFORMANCE STANDARDS* � �
parking area.
(Code 1984, § 10.61(16)) Sec. 78-1566. Standards for all districts.
Sec. 78-1542. Required loading berths. The guiding of rural and suburban develop-
ment so as to develop a compatible relationship of
Where the pri.ncipal use of the structure served uses to achieve the purposes and guiding princi-
is as listed, the minim� number of loading ples established by this chapter depends upon
berths shall be as shown: certain standards being maintai.ned.Uses permit-
(1) Auditoriums,convention hall,public build- ted in the various districts;conditional and acces-
ing, hospital, school, hotel, sports arena, sory uses; and any use authorized by special
. at least one loading berth 25 feet in length Permit, variance, the application of any credit,
for each building having 1,000 to 10,000 formula or special planning procedure, such as �
square feet of floor area. For buildings �'�s or PIDs or other provisions of this chapter,
. having 10,000 to 100,000 square feet of shall conform to the standards of this division.
� floor area,one additional loading berth 50 These standards shall apply in all districts.
feet in length. (Cocle 1.984, § 10.60(1))
(2) Retail sales and service stores, offices, at Sec. 78-1567. Density. .
� least one loadi.ng berth 25 feet in length permitted uses or application of the various
for each building having 6,000 square feet provisions of this chapter or other laws,including
of floor area or more, plus one additional provisions relating to conditional and accessory
loading berth 50 feet in length for biuld- use, uses authorized by special permit, variance,
ings over 25,000 square feet up to 100,000 the application of any credit, formula, or special
square feet. �
planning procedure, whether singly or in combi-
(3) Manufacturing,fabrication,processing and nation, shall not result in a density greater than
warehousing, at least one loading berth four dwelling units per acre of dry buildable land
25 feet in length for each building having or air space used for construction in any zoning
3,000 square feet or fraction thereof, plus district.
one loading berth 50 feet in length for (Code 1984, § 10.60(2))
each 25,000 square feet of floor area up to
100,000 square feet,plus one loading berth Sec. 78-1568. Noise.
for each 50,000 square feet of floor area p�y use established shall be so operated that
over the first 100,000 square feet of floor
area. The operator of the business shall no noise resulting from that use is perceptible
have the option to declaxe the length of beyond the boundaries of the plat line of the site
the berths required for buildings above �Cross references—Businesses,ch.26;environment,ch.
100,000 square feet of floor area, except 58.
Supp.No.2 CD78:226
r �Y'
To: Chair Kempf and Planning Commission Members
From: Evelyn Turner, City Planner
Date: Qctober 20,2008 ' �
Subject: #08-3384 Zoning Code Amendment—Sections 78-1435 and 78-1440(new)
Exterior Materials and Design of Accessory Buildings
-Public Hearing
Application 5ummary: This code change would require the design and exterior
materials of certain accessory sfiructures be consistent with those of the principal
siructure. •
Staf Recommendation: Planning De artment Staffrecommends approval.
, List of Exhibits � � .
A. Proposed Ordinance
B. Orono Ciiy Code Chapter 78 Article X Division 3 Accessory Buildings
Background
The construction �f a garage with metal siding and roofing in a neighborhood of half-acre or less lots
highlighted the fact that Orono zoning regulations do not require the exterior materials of accessory
buildings ma.tch those of the house. This is a common requirement in other comm.unities.
T12e proposed ordinance change was discussed by the Commission at work sessions on June 4 and
September 3, 2008. At the June session the Corrunission viewed photographs of accessory
siructures. It appears that on most properties accessory build'uigs, especially detached garages,match
the house. The Commission also noted that on lakeshore Iots a detached garage may be Iocated very
close to the street.In an area of narrow lots this creates a sireetscape of garages,some rather plai.n..
At the September session the Commission reviewed langua.ge from other�communifies. They aiso
discussed regulating wall height or reducing the maxi3num height or stories of accessory structures.
The consensus was that barn or carriage house type structures are attractive and contribute to the
desire image of the City. $ut the Commission thought it appropriate to have a higher design standard
for detached garages located within the required street yard of lakeshore lots.
Based on these discussions Staff dra$ed the attached ordinance. It would apply only to lots less than
� two acres,as does the struciural coverage limitation. The largest accessory struciure allowed on these
lots is 1,000 square feet. Detached garages on lakeshore lots that are wifihin the required street
setback would be requixed to match the house and have windows and/or decorative features in the wall
facing fihe sixeet. Small buildings such as resin buildings,metal sheds and playhouses would also be
exempt from these requirements.
. ,
�
#48-33 84
� October 20,2008
Page Z of 2 �
Also included is the deletion of two paragraphs from Section 78-1435 that relate not to accessory �
stxuctures but to the lakeshore setback for principal structures. Lakeshore setback for all structuxes is
' regulated in the shoreland regulations. .
Issaes for Consideration -
Are there any issues or concerns with this proposal? . .
Staff Recommendation
Plauniiig Staff recommends approval.
�� �x��� �
ORDINANCE NO. ,TFIiRD SERIES
AN ORDINANCE AM��IVDING
CHAPTER 78 OF THE ORONO MUNICLPAL CODE
- � .._ , BY AMENDING SECTION 78-1435,
LOCATION OF ACCESSORY STRUCTURES
. . AND �� .. � .
ADDING S�CTION 78-1440,
. REGULATING THE APPEARANCE�OF ACCESSORY STRUCTURES
The City Council of Orono,Minnes�ta.ordains as follows:
SECTION 1. Municipal�Zoning Code Section 78-1435 Location,is hereby amended as
follows:• . � � . �
Sec. 78-1435. Location, . . � � �� .
No detached garage�or ot�ier accessory building shall be located nearer the front or street
Iot line tha�the pr'iricipal building on th�.t lot excep�on lots which have frontage on a lake and
rear yard;�acijacent to a..street,accessory buildirigs located within the street or rear yards of such _
lots are�:subject to the setback requi�ements of section 78-305(b), section 78-330(b) and section
7�-350(li);,except that detaehed garag�s may be located ten feet from the street or rear Iot line
when doors face away from t�ie street anc�a turnaround is provided on the site.This section shall
not apply to lakesh4re lots divided by roadways or corner lots.
l�—�o��e�-�e,��:��e-i�i�F��g�e-�1� .
SECTION 2. Municipal Zoning Code Section 78-1440. Exterior Materials. is hexeby added as
follows:
. �
�
Sec. 78-1440 Exterior Materials:
Accessorv buildings in all districts shall have extei�ior buildin�materials tliat are
� cansistent with the exterior buildin�materials used on the principal buildin�. Accessory
structures less than 120 square feet in area or on lots 2.0 acres or lar�er are exempt from this
requirement.
Regardless of the size of the lot,the architectural character of detached�ges located
within the required street or rear vard of lakeshore lots as allowed bv Section 78-1435 shali be
consistent with the principal buildin�. Tlie same sidin�and roofin�materials shall be used as on
the principal buildin�.The wall facin�the street sha11 contain windows and/or other ornaxnental
fea.tures. �
SECTION 3. This Ordinance sha1l be effective upon approval and publication.
Adopted by the City Council of Orono on this day of ; 20_by a vote of
ayes and nays. � �
� . � . James M. White,Mayor
AT1'EST: � � �
Linda S. Vee,City Clerk �
l�'G �xh�b��,�
DIVISION 3. ACCESSORY BUILDINGS
� Sec. 78-143'I. Accessory buildings and structures on through lots.
, All accessory buildings and structures on through lots located in R districts shall meet
the following rsquirements: �
(1) l'he building or structure shall meet the principal building setbacks that are established
under sections 78-230, 78-255, 78-305, 78-330, 78-35�,�78-370, 78-395, 78-420, 78-444.
(2) No negative irnpacts to adjacent neighbors or public right-of-way result in the placement of
the building or structure, determined at the discretion of the pianning director.
Should the planning director determine that item (2) above cannot ba met an accessory ,
structure or building may be permitted by condi�ional use permit if the planning comrnission �
determines no negative impacts result in the placement of the building or structure. The
planning commission may apply reasonable conditions as part of tha approval.
(Code 9984,.§ 10.03(10); Ord. No. 15 3rc!series, § 1, 6-28-20Q4)
Sec. 78-1432. Time of construction. .
No accessory building or structure sha(l be constructed on any lot prior fa the time of �
. construction of the principal building to which it is accessory. At the time of demolition of the .
principal building, all nonconforming accessory structures must be removed. Accessory .
structures, which comply with this title, are allowed to remain contingent on a signed agreement �
stating the following: . �
(1) Applicants agree to obtain a building permit for construction of the replacement residence
within 60 days of demolition; to begin construction on the new residence within '[20 days of
demolition; and to complete all exterior work within one year of building permit issuance and
interior work within two years of builc{ing permit issuance. �
(2) In the e�ent that any activity described in itern (1} has not been accomplished within the
defined timeframe, the applicants shall remove the accessory structures at the applicants'
, , expense, or the applicants shall apply for an extension of this agreement.
(3) If one of the item (1) e�ents occurs and the applicants fail to perform their removal
obligations per item (2}, the applicants hereby agree as follows:
a. The city may enter upon the property and remove the accessory building(s).
b. The city may assess the costs of removal to the property.
(4) The agreement shall be binding upon current and future owners of the property, and shall
be filed within the chain of titfe af the property.
(5) Fee owner(s) of the property, if not the applicants, consent to the execution of the
agreement and to its terms, as shown by his/her/their signature(s) upon the document.
(6) Applicants shall indemnify and hold harmless fhe city, the city council, and the agents and
employees of the city from and against all cfaims, damages, Iosses or expenses, including
attomey fees, which the city, city council and agents and employees of the city may suffer or for
which it may be held liable, arising out ofi or resulting from the assertion against them of any
clairns, debts or obligafions in cansequence of the pertormance of the terms of this agreement.
(Code 1984, § 10.03(9)(A); Ord. No. 93 3rd series, § 1, 5-24-2004) �' '
Sec. 78-1433. Heigh#restrictions.
No accessory building in an R district shal! exceed the height of the princlpal building,
nor shall an accessory buifding exceed 30 feet in height.
(Code 1984, § 10.03(9)(B))
Sec. 78-1434, Area restrictions, .
In all R distric�s, no accessory building shall exceed 1,000 square feet of footprint area;
except that accessory structures in excess of 1,000 square feet will be allowed under the
following conditions:
' (1) Not more fhan one oversized accessory structure (OAS) shall be permitted on any
property. An oversized accessory structure is de�ned as an accessory s#ructure of footprint area
in excess of 1,000 square feet, except that the following nonroofed accessory structures which
exceed 1,000 square feet footprint area are not considered as oversize accessory structures,
but are subject to the special setback restrictions of section 78-1404:
a. Tennis courts. . �
b. Pools, when pool basin structure {excluding nonencroachment-type patios} is greater than
1,000 square feet. •
c. Paddocks or arenas. �
(2) Oversized accessory structures are regulated by the following table:
TABLE INSET:
� Maximum
_ . Maximum Allowed
Individual � Total of All
��� Accessory Accessory
Structure Structure
(acres) Footprint Footprint
Area Areas* on a
(square feet) Propez�ty �
, _ (squaxe feet)
0--1.99 1,000 2,000 .
2.00--3.04 " 1,200 , 2,400 _ . �
3.01--3.54 1,400 2,800
3.51--4.00 1,600 3,200
4.01--4.50 1,80Q 3,600
4.51--5.00 2,000 4,000
5.01--6.00 2,200 4,400
6.01-7.00 - 2,400 4,800
7.01-8.00 2,600..� 5,200
8.01--9.00 2,800 5,600
9.01 or more 3,000 6,000
* Excluding nonroofed tennis courts, pools, paddocks, arenas.
{3) Any aversize accessory structure shall be subject to the following conditions:
a. Na such accessory strucfure shall be located within a required yard area (principal structure
setbacks must be met). Further, no such structure shall be nearer the frant lot line than the front
line of the principal residence on the property, and no such accessory structure shall be located
less than 30 feet from the side or rear lot line regardless whether less strict principal structure
setbacks apply. .
b. The rnaximum height for such accessory structure shall be.30 feet or the clefined height of
. the principal residence structure on the proper�y,whichever is less. -
c. Such structure shall be allowed only when the property owner agrees and covenants in �
writing with the city as follows: .
1. No future subdivision will be approved that places the structure within a lot that has no �
principal strucfure, except that the city in its subdivision approval may grant a finite time period
in which the oversized accessory structure may remain without a principal structure, in order - � .
that a principal structure may be constructed. At #he end of this time period, the oversized
access�ry structure must be removed if no principal structure has been constructed. ��
2. If the property is subrsivided, the oversize accessory structure and principal sfructure will be
located together within a lot that meets the minimum lot arEa requirement for the given size of
� accessory building.
3. {n subdivision approva[, the setback required for the oversize accessory structure shall
remain. �
Such covenant shall be binding on current and future property owners and shail be filed in the
chain of title of the property.
. - -. . � (Code 1984, § 10.03(9)(C)) '
Sec. 7$-1435. Location.
No detached garages or other accessory building shall be located nearer the front or
street lot line than the principal building on that lot except on Iots which have frontage on a lake
and rear yard adjacent to a street, accessory buildings located within the street or rear yards of
such lots are subject to the setback requirements of section 78-305(b), section 78-330(b) and
section 78-350{b}; except that detached garages may be located ten feet from the street or rear
lot line when doors face away from the street and a turnaround is provided on the site. This -
section shall not apply to lakeshore lots divided by roadways or corner lots. "
(1} Locafion of�p"rincipal building fo lakeshore. No principal building shall be located closer '
than 75 feet to the natural ordinary high water mark of a lake abutting the property. This
lakeshore setback shall be determined as the mean horizontal distance between the natural
ordinary high water mark on th�lalceshore and the allowable building line.
(2) Variance from lakeshore setback Any application for a variance from the requirements of
subsection ('i) of this section shall be referred to the Minnehaha Creek Watershed District for its
approval before finaf action�by the�coun�if.
(Code 1984, § 10.03(9)(D)}
Sec. 78-'1436. Setbacks. . �
Accessory structures in excess of 750 square feet foatprint area but not exceeding 1,000
square feet footprint area shalf be located at least 15 feet from any lot line.
(Code '1984, § 10.03(9)(E)) , .
Sec. 78-1437. Plumbing. - '
Because the provision of=-plumbing fixtures and wastewater plumbing in accessory
buildings has the potential to allow such buildings to be used as dwelling units, and because it is
the policy of the city to limit residential devefopment density to the allowed densities within the
respective zoning districts, plumbing in accessory buildings shall be regulated as fo[lows:
� .. � _ _ . y ': . �s._c _ - _ _ .. : . � . • ' , _ _ . . • . . � . _ - _ ' . '
(1) The provision of outside sillcocks and indoor water supp[y shall be allowed in any
accessory building that is conforming in location, size and height.
(2) Installation of any combination of fixtures requiring wastewater plumbing that does not
� include a toilet, shower or bathtub shall be allowed in any accessory building that is conforming
in location, size and height with, subject to provision of municipal sanitary sewer or a conforming
sewage treatment system designed to handle the anticipated flows from such �xtures, and
subject to the property owner's executing a covenant providing that the accessory building will
not be:
a. Used for a home occupation unless specifically approved by the cify or if allowed by this
Code. �
b. Used as a dwel(ing unless a guest house conditional use permit is obfained. .
c. Rented, leased or otherwise provided for use as a dwelling under any circumstances.
(3} Installation of any combination of fixtures requiring wastewater plumbing that includes a
toilet, shower or bafhtub shall be allowed only in an accessory building that is conforming in
locafion, size and h�eight and which meets one of the following criteria:
a. The accessory building has been approved for a guest house conditional use permit; or
b. The accessory building has been approved for a plumbing in accessory building condifional
use permit.
(Ord. No. 179 2nd series, § 1, �0-12-1998) � �
� Sec. 78-1438. Crowding principal building. � -
No accessory building or structure, unless an integral part of the principal building, shail � • • -�
be erected, altered or moved within ten feet of the principal building, nor within ten feet of
another accessory structure.
(Code 1984, § 10.d3(12))
Sec. 78-1439. Garages.
_ Accessory buildings which are for the sforage of automobiles shall have the doors 30
feet or more from the property line when the doors face on a public alley or street.
(Code 1984, § 10.03(13))
Secs. 7&1440--78-1465. Reserved.