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HomeMy WebLinkAboutLots of Record Municode Page 1 of 3 r Sec. 78-72. Lots of record. (a) A lot of record is 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. (b) A lot of record located within an R (Residential) or RR (Rural Residential) district but not within the Shoreland Overlay district, RS Seasonal Recreational district, or any of the LR- Lakeshore Residential districts, which does not meet the requirements of this chapter as to area or width may be utilized for a single-family detached dwelling purpose, provided that in the judgment of the council or administrative approval by the planning director, such use does not adversely affect public health or safety and the following requirements are met: (1) In R districts of one acre or less and served by public sanitary sewer. A lot of record existing upon January 1, 1975, in any R district of the city of up to and including one acre, which lot is serviced by public sanitary sewer and which does not meet the requirements of this chapter as to area or width only, may be utilized for single-family detached dwelling purposes without council approval if all other requirements of the underlying zoning district are met, including but not limited to required yards, setbacks, lot coverage by structures, hardcover, etc. However, the lot of record shall not be more intensely developed unless combined with one or more abutting lots or portions so as to create a lot meeting the requirements of this chapter. (2) In R or RR districts of greater than one acre and served by public sanitary sewer.A lot of record in any R or RR district in the city in excess of one acre which does not meet the requirements of this chapter as to area or width only may be utilized for single- family detached dwelling purposes by administrative approval if the planning director finds that the following conditions are met: a• It is at least one acre in size, and the average width of the lot is at least 100 feet; b. It is served by public sanitary sewer; and C. It otherwise meets the requirements of this chapter or other applicable Code provisions. (3) In R or RR districts not served by public sanitary sewer. A lot of record in any R or RR district in the city not served by public sanitary sewer must meet the area and width requirements of this chapter and shall not be utilized for single-family detached dwelling purposes without council approval.Administrative approval may be granted for a lot of record not meeting the lot area and width requirements if the planning director finds that the following conditions are met: a• The lot area and lot width each meet at least 50 percent of the district standard. b. Suitable primary and alternate septic sites are identified on the property and are protected from future development by execution of a covenant. C. All other zoning ordinance requirements must be met, including but not limited to the following: 1• Setbacks. 2. Hardcover. Lot coverageby structures. 4. Accessory structure requirements. (c) A lot of record located in any shoreland district, including the Shoreland Overlay district, RS Seasonal Recreational district, and any of the LR- Lakeshore Residential districts, that does http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2f... 4/30/2014 Municode Page 2 of 3 not meet the requirements of this chapter for lot size or lot width shall be subject to the following regulations: (1) A nonconforming single lot of record may be allowed as a building site without variances from lot size and width requirements, provided that: a• All setback requirements can be met; b. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and C. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. d• All other zoning district standards can be met. (2) In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: a• The lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; b• The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls; and C. Impervious surface coverage must meet all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover must not exceed 25 percent of the entire lot area; and d. Development of the lot must be consistent with the comprehensive plan. (3) A lot subject to either subsections-78-72(c)(1) or(2) remains subject to the hardcover restrictions of this chapter, as follows: a• Where the hardcover square footage allotment as calculated based on the assigned tier exceeds 25 percent of the entire lot area, hardcover shall be limited to 25 percent of the entire lot area. b• No portion of the impervious surface square footage allowed shall be placed within in 75 feet of a lake OHWL or tributary bank, except for those items normally allowed in such location as regulated elsewhere in this chapter. (4) A lot subject to subsection 78-72(c)(2) not meeting the requirements of subsection 78- 72(c)(2) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (5) Notwithstanding subsection 78-72(c)(2), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minn. Stat. § 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer. (6) In all variance requests, zoning and building permit applications or conditional use requests, the property owner shall address, when determined as appropriate by the city engineer or city staff, stormwater runoff management, reduction of impervious surfaces, setback increases, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. A porti—on-of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. http://library.municode.com/print.aspx?h=&clientID=13 094&HTMReque st=http%3 a%2 f... 4/30/2014 Municode Page 3 of 3 F ° (Code 1984, § 10.03(6)(A);Ord. No. 9 3rd series,§ 1, 5-24-2004,Ord. No. 92 3rd series, §1, 3-26-2012,Ord. No. 95 3rd series, §1, 10-8-2012;Ord. No. 108 3rd series, § 1, 7-8-2013) http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2f... 4/30/2014 §78-46 ORONO CITY CODE for any person to proceed thereafter with such uses, and to specify those requirements, work or use without having obtained a new cer- circumstances and conditions under which tificate. nonconforming structures and uses will (c) Application for occupancy certificate. Every be operated and maintained. The Zoning application for a building permit to erect a new Code establishes zoning districts and spe- building or to make a major alteration shall be cific uses which are permitted within each deemed to be an application for an occupancy district. It is necessary and consistent certificate. Every application for an occupancy with the establishment of these districts certificate for a use of land where no building that nonconforming structures and uses permit is required shall be made directly to the not be permitted to continue without re- zoning administrator. striction. (2) Effective date. Any structure or use law- (d) Issuance of occupancy certificate. An occu- fully existing upon the effective date of panty certificate shall be approved within ten this section shall not be, enlarged, ex- days after construction has been completed, the panded, extended, or altered in any man- premises inspected and certified to be in confor- ner which increases its nonconformity, mance with the provisions of this chapter. Where but may be continued at the size and in vacant land or change in the use of occupancy of the manner of operation existing upon an existing building, or for change in a noncon- such date except as hereinafter specified forming use is involved, the certificate of occu- or, subsequently amended. Any land or panty shall be approved as soon as the zoning buildings which were actually and legally administrator has examined the premises and devoted to a nonconforming use on Janu- determined that the requirements of this chapter ary 1, 1975, and which were thereafter will be met. specifically allowed to continue said non- e) Occupancy certificate required for noncon- conforming use under the terms of a con- forming use. Application for such occupancy cer- ditional use permit issued by the city tificate for all lawful nonconforming uses or build- council, shall be allowed to continue un- ings created by the adoption of this chapter shall der the terms of said conditional use per- be filed with the zoning administrator by the mit• owner or lessee by January 1, 1976. The zoning (3) Safety repairs.Nothing in the Zoning Code administrator shall approve a certificate of occu- shall prevent the placing of a structure in pancy for a nonconforming use. Failure to apply safe condition when said structure is de- for such occupancy certificate will be prima facie clared unsafe by the building official. evidence that such nonconforming use was either illegal or did not lawfully exist on January 1, (b) Nonconforming uses. 1975. (Code 1984, § 10.07(1 -(5)) (1) Change to conforming use.When any law- ful nonconforming use of any structure or land in any district has been changed to a Secs. 78-47-78-70. Reserved. conforming use, it shall not thereafter be changed to any nonconforming use. DIVISION 2. NONCONFORMING USES AND (2) Change to new nonconforming use. An RELATED MATTERS existing nonconforming use may not be changed to another nonconforming use. Sec. 78-71. Nonconforming structures and uses. (3) Relocation of nonconforming use. (a) General provisions. a. No nonconforming use shall be moved to another lot or to any other part of (1) Purpose. It is the purpose of this section to the parcel of land upon which the regulate nonconforming structures and same was conducted at the time of Supp.No.9 CD78:28 ZONING REGULATIONS §78-71 this section's adoption unless such remains discontinued for a period of 12 movement shall bring the nonconfor- months, any future use of said structure mance into compliance with the re- or land shall be in conformity with the quirements of this section. provisions of the Zoning Code. b. Nonconforming non-structural hard- (6) Normal maintenance. Normal mainte- cover may be relocated, including nance of a building or other structure full replacement,to any other part of containing or related to a lawful noncon- the parcel of land upon which the forming use is permitted, including inci- same was conducted at the time of dental alterations which do not physically this section's adoption,provided that: extend or intensify the nonconforming use. 1. The hardcover is nonconform- (7) Alterations to lawful nonconforming units. ing only by reason of the per- Alterations may be made to a conforming centage of land devoted to the building containing lawful nonconforming use or the square footage of the units, provided they will not increase the use. number of units or the nonconformity. 2. The relocation does not physi- cally enlarge the size of the (8) Expansion of nonconforming uses. Non- nonconforming use. conforming uses may not be expanded or enlarged. However, a lawful nonconform- 3. The relocation does not substan- ing gun club may apply to the city council tially change the character of to modify its hours of operation or to the nonconforming use. expand its operations within the existing 4. The relocation does not create a defined parameters of the property. new nonconformity with re- spect to size or placement by (c) Nonconforming structures. relocating to a different hard- (1) Involuntary damage or destruction.When- cover zone as such zones are ever a lawful nonconforming structure defined in section 78-1288. shall have been damaged by fire, flood, 5. The relocation complies with explosion, earthquake,war, riot, or act of all applicable setback require- God,it may be reconstructed and used as ments for the district in which before if within 12 months after such it is located. calamity the property owner applies for a 6. No relocation,in whole or part, building permit to replace the structure. is made within 75 feet of the If no permit is applied for within the time ordinary high water level of any period then the whole structure shall be lake or tributary. demolished, and any construction there- after shall be in full compliance and ac- (4) Decrease in nonconforming use. A lawful cordance with the provisions of the Zon- nonconforming use of a structure or par- ing Code. cel of land may be changed to decrease the (2) Remodeling and reconstruction. This sub- nonconformity of use. Once the noncon- section is intended to apply to the volun- forming use of such structure or parcel of land has been so changed, said use shall �"Y and intentional removal of all or not thereafter be altered to so as to in- Portions of a lawful nonconforming struc- crease the nonconformity from its de- tore. Whenever a lawful nonconforming creased state. structure shall be destroyed by means other than fire, flood, explosion, earth- (5) Discontinuation of nonconforming use. quake, war, riot, or act of God, to any Whenever a lawful nonconforming use of extent then such structure may be re- a structure or land is discontinued and stored only if a building permit is applied Supp.No.9 CD78:29 s ' §78-71 ORONO CITY CODE for within 180 days of the commencement plies with all height, setback, of the destruction. If no permit is applied and hardcover and lot coverage for in the 180 days then the structure requirements of the district in shall be built in full compliance and ac- which it is located. cordance with the provisions of the Zon- ing Code. 2. That if the accessory structure is nonconforming only with re- (3) Expansion of nonconforming structures. spect to substandard lot area or No expansion of nonconforming strut- width for the district in which tures shall be permitted except as specif- itis located,the expansion shall ically listed and allowed herein: meet all height, setback, hard- a. Expansion of nonconforming single cover and lot coverage require- family residence structures. Lawful, ments of the district in which it nonconforming single family residen- is located. tial structures may be expanded,pro- vided: 3. That in cases where an acces- 1. That the expansion does not sory structure encroaches upon increase the nonconformity,and the lot line setback, the city complies with all height, set- will require at a minimum that back, hardcover and lot cover- the existing accessory struc- age requirements of the district ture shall be modified so that it in which it is located. becomes completely conform- 2. That if the structure is noncon- ing with respect to setbacks. forming only with respect to (4) Relocation. No nonconforming structure substandard lot area or width shall be moved to another lot or to any for the district in which it is other part of the parcel of land upon located, the expansion shall which the same was constructed at the meet all height, setback, hard- time of this section's adoption unless such cover and lot coverage require- movement shall bring the nonconfor- ments of the district in which it mance into compliance with the require- is located. ments of the Zoning Code. 3. That in cases where the lot line setback of a structure is less (5) Prior permit.Any proposed structure which than 50 percent of the required will, under this section, become noncon- setback for that zoning district, forming but for which a building permit f the city will require at a mini- has been lawfully granted not more than mum that applicant shall make six months prior to the effective date of up the discrepancy by enlarg- this section, may be completed in accor- ing the opposite required yard dance with the approved plans; provided depth to result in an aggregate construction is started within six months yard depth equivalent to the of the effective date of this section, and combined required yard. continues to completion within two years. b. Expansion of residential accessory Such structure shall thereafter be a le- structures. Lawful, nonconforming gally existing nonconforming structure. residential accessory buildings may (Ord.No.33 3rd series,§1,2-27-2006;Ord.No.85 be expanded provided: 3rd series, § 1, 2-14-2011) Editor's note—Ord.No.33 3rd series, § 1,adopted Feb. 1. That the expansion does not 27, 2006, repealed the former § 78-71, and enacted a new increase the nonconformity of § 78-71 as set out herein. The former § 78-71 pertained to the accessory building,and com- nonconforming uses and derived from Code 1984,§10.03(5). Supp.No.9 CD78:30 Hennepin County GIS - Printable Map Page 1 of 1 Hennetmn r • • • r ` �y � T - ,•ti , t y 31q' f ' i V +,. ,�: . ala•-'•�`.4r .• , t _ , ze 77 ' r � �� .,' •"-:j�`�."A,,..Vag '`" f .�.:•. .� ' � �..! •_ tit �. ''�' .� • ' _•�� it � • . ��'j?I • a!i T i•s 1 � � . f y 4 Parcel 07-117-23-32-0050 A-T-B: Torrens iMap Scale: 1"=50 ft. N ID' Print Date:4/30/2014 Owner Market Midwest Porperties Llc $92,000 �� Name: Total Parcel 4680 North Shore Dr Tax $1,051.48 Lo� of Address: Orono, MN 55364 Total: (Payable:2014) 0 Property Residential Sale $110,000 � l `TyPe PTma iscompilation of data from various sources and is furnished"AS IS"with no Home- Sale representation or warranty expressed or stead- Non-Homestead Date: 07/2013 implied,including fitness of any particular purpose,merchantability,or the accuracy and completeness of the information shown. Parcel 0.61 acres Sale warranty Deed COPYRIGHT©HENNEPIN COUNTY 2014 Area: 26,435 sq ft Code: _-- � A ThinK Green! - AtrL Ct �/a/ X A, C-a t'7C �aG,i ah Ce http://gis.co.hennepin.mn.us/Property/print/default.aspx?C=449322.1993 7865226,497815 8... 4/30/2014