HomeMy WebLinkAboutordinance/nonencroachments Orono, MN Code of Ordinances Page 1 of 8
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Sec. 78-1405. - Nonencroachments.
(a) The following shall not be considered to be encroachments on yard setback requirements:
(1) Chimneys,flues, belt courses, leaders, sills, pilasters, lintels, ornamental features,
cornices, eaves, gutters, and similar building elements, provided they do not extend
more than two feet into a required yard.
(2) Nameplate signs for one-family dwellings subject to the provisions of article X, division 4
of this chapter; lights for illuminating parking areas, loading areas or yards for safety and
security purposes, provided the direct source of light is not visible from the public right-
of-way or adjacent residential property and is located at least five feet from the front lot
line; public utility poles and overhead lines; mailboxes.
(3) Terraces, steps, uncovered porches, stoops or similar structures which do not extend
above the height of the ground floor level of the principal building and extend to a
distance of not less than two feet from any lot line.Window wells including those for fire
egress which do not extend more than five feet from the building. Sidewalks, driveways
and parking areas when constructed, located and used in compliance with other
provisions contained within chapter 78. Driveways may extend to within five feet of a side
lot line.
(4) In side or rear yards only, bays or cantilevers not to exceed a depth of two feet nor to
contain an aggregate area of more than 20 square feet,fire escapes not to exceed a
width of three feet and a depth of four feet, and open off-street parking.
(5) In rearyards only, balconies, breezeways, detached outdoor picnic shelters, laundry
drying equipment, and recreational equipment except as otherwise regulated; no
accessory structure shall be closer than five feet from a rear Iot line.
(5.1) Retaining walls, subject to the following provisions:
a. Retaining walls may be located in all required yards when all of the following
conditions are met:
1. The structure is located at least ten feet from the edge of the traveled roadway;
2. The structure is not located within a drainage, utility, or other easement, except
upon approval in writing for an encroachment agreement by the city; or similar
approval from another regulatory and/or utility agency;
3. The structure creates no impacts to drainage direction, rate or volume for
adjacent properties.
b.
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Retaining walls which do not exceed two feet in height above existing ground level,
which are located within the property and at least five feet from any property line,
and for which the amount of imported �II associated with the structure does not
exceed 20 cubic yards, do not require a building or land alteration permit.
c. Retaining walls exceeding two feet in height above existing ground level or for which
the amount of imported fill associated with the structure exceeds 20 cubic yards or
which are located less than five feet from a property line, shall require a land
alteration permit and upon recommendation of the building inspector may require
city council review or a conditional use permit per the provisions of section 78-967.
d. Retaining walls exceeding the allowed height of a fence in a given required yard shall
be located so as to meet the required accessory structure setbacks established for
that yard.
(6) In side yards only, no accessory structure shall be closer than ten feet from any side lot
line.
(7) Air conditioning or heating equipment may be located within a required yard but shall be
located within �ve feet of the building it serves; shall not be located within an existing or
required drainage and/or utility easement; and shall be located at least five feet from any
lot line.
(8) Fences erected in all zoning districts are considered as a nonencroachment when they
conform to the standards listed below. For the purposes of this section, the following
definitions shall apply:
Permanent fence.A fence that is installed in a fixed or enduring manner that is not
intended for a seasonal or temporary purpose.
Temporaryfence.A fence that is not permanently secured or anchored to the
ground by posts or affixed footings, and is installed and removed on a limited term or
seasonal basis such as: snow fences, garden fences, seasonal recreational fences such as
hockey boards; fences installed for safety or access management purposes for special
events; and fences installed for the duration of a construction project such as silt fences,
erosion control bioretention logs, and septic drainfield site protection fences.
Fence height.The measurement from the top of any part of the fence, including
posts or other structural supports, lattice, ornate top design elements, and so forth
measured to the existing ground level below the fence, as measured perpendicular to the
slope (see Drawing). Exception: Post finials extending above the top of the fence shall not
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be deemed as part of the fence for height determination purposes as long as they do not
exceed ten inches in width per finial and do not extend above the top of the fence by
more than ten percent of the allowed maximum fence height at that location.
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Drawing: Fence Height Measurement
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a. Nonlakeshore lots.
1. Fences and walls within a required front yard or side street yard shall not exceed
a height of 42 inches above existing ground level .
2. Fences and walls within a required rear or side yard shall not exceed a height of
six feet above existing ground level.
b. Lakeshore lots.
1. Fences within the required street (rear)yard or side street yard of a lakeshore lot
shall not exceed 42 inches above existing ground level. Exception: A fence not
exceeding six feet in height may be located along the street lot line of a lake
frontage lot which abuts a major thoroughfare. A major thoroughfare for
purposes of this section means any county road or state highway. If such fence
involves fill or berming, the total combined height of both fence and fill shall not
exceed six feet above the height of the crown of the major thoroughfare.
2. Fences within the required side yard of a lakeshore lot shall not exceed six feet
in height, and shall not exceed 42 inches in height for any portion located
lakeward of a line drawn between the most lakeward projection of the fence
owner's principal residence structure and the most lakeward projection of the
principal residence structure on the adjacent property abutting the side yard in
which the fence is located.
3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore
lot, i.e., shall not be located within 75 feet of the shoreline for general
development lakes, 100 feet for recreational lakes, or 150 feet for natural
environment lakes.
4. When the building site of a lakeshore lot is separated from the lakeshore by a
public or private road, the following definitions will apply for fence location
purposes subject to the provisions of section 78-1405(a)(8)a.2: When the yard on
the opposite side of the building site from the lake does not abut a street, such
yard shall be considered as a standard rear yard. The yard between the building
site and the street shall be considered as a standard front yard.
c. Specialprovisions. Split rail fences of no more than three rails within a required
front, street or side street yard may have a maximum top rail height of 48 inches
above existing ground level. Board rail fences within a front, street or side street yard
for the specific purpose of enclosing permitted domestic animals may have a top rail
height of 60 inches and shall be no more than 50 percent opaque.
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d. lntersection sightline obstruction p�ohibited. No fence shall be installed so as to
obstruct a required clear view at street intersections as required by section 78-1371.
e. Fence construction and maintenance.
1. The owner of a fence shall maintain it in a condition of reasonable repair and
appearance and shall not allow it to become or remain in disrepair or in a
dangerous condition.
2. Fences shall be installed with the finished side facing neighboring properties or
the street. The term "finished side" means that side having no structural
supports.
3. Fencing materials shall consist of permanent all weather products.
4. Temporary fencing shall not be allowed to remain on the properly following final
inspection, or issuance of a certi�cate of occupancy for a permitted construction
project, or protection of property during a similar project or winter conditions.
Winter conditions shall be defined as October 15 through March 31 of the
following year.Temporary fencing associated with a special event shall be
removed within seven days of the end of such event.Temporary fencing
materials shall not be allowed to remain on a permanent basis on a parcel.
5. Existing fences that are legal nonconforming as to location, height, design or
other characteristics may be replaced in kind.
(9) Entrance monuments, defined for the purpose of this section as a nearly permanent
physical structure or object, natural or artificial, used to depict an entrance to the
property, erected in all residential zoning districts are considered nonencroachments
when they conform with the following standards:
a. Each monument,with a maximum of two per approved driveway access, shall be
limited to a single pillar with a footprint measuring no larger than 25 square feet and
no length to exceed five feet;
b. The monument must be setback a minimum of five feet from all property boundaries
and never fewer than ten feet from the edge of the paved, traveled roadway;
c. Plans and/or elevation views of the proposed monuments are required to be
submitted for approval by the planning director;
d. All signage proposed for the monuments must comply with section 78-1467:
e.
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The monuments are limited to eight feet in height including any appurtenances.Any
monument exceeding the maximum height must meet principal structure setback
requirements;
f. When more than one monument is proposed, and serving two or fewer residences, a
minimum horizontal width of 16 feet is required between them;
g. When more than one monument is proposed, and serving three or more residences,
a minimum horizontal width of 22 feet is required between them;
h. Lighting is allowed, in conformance with section 78-1573 and at the discretion of the
planning director.
i. When a gate is proposed,the following requirements must be met:
1. The gate must open into the property not outward towards the right-of-way, and
2. Gates serving two or fewer residences shall have a minimum horizontal width of
14 feet in the full open position, and
3. Gates serving three or more residences shall have a minimum horizontal width
of 20 feet in the full open position, and
4. For all properties, gate height may not exceed the height of the monument,
measured from grade, unless principal structure setbacks are met(if
monuments are not proposed then gate height shall be regulated in accordance
with the fence height regulations of section 78-1405(8), and
5. Gates must maintain an opacity level of no greater than 25 percent, and
6. For locked and/or secured gates a knox box, meeting the standards set forth by
the police and fire department, must be provided for emergency access, and
7. On major thoroughfares the monuments and gates must be located 40 feet from
the paved, traveled road to allow for vehicle stacking.A major thoroughfare for
the purposes of this section means any county road or state highway.
j. A building permit is required for installation.A survey must be submitted depicting
where the monuments will be placed, and the properry corner pins must be located
for inspection purposes.
(b) The following shall not be considered to be encroachments on structure height
requirements:
(1) Parapet walls that extend no more than three feet above the height of the building.
(2) HVAC cooling towers.
(3) Elevator penthouses.
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(Code 1984, § 10.03(15); Ord. No. 211 2nd series, §� 1-5, 11-26-2001; Ord. No. 12 3rd series, § 1,
5-24-2004; Ord. No. 30 3rd series, § 1, 11-28-2005; Ord. No. 43 3rd series, § 1, 2-25-2008; Ord. No.
106 3rd series, § 22, 6-10-2013; Ord. No. 139 3rd series, § 1, 2-23-2015; Ord. No. 140 3rd series, §
1, 3-23-2015; Ord. No. 170 3rd series, §§ 3,4, 6-13-2016)
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