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HomeMy WebLinkAbout1955-006 Council OrdinancesORDINANCE NO. 6 THE VILLAGE OF LINO LAKES AN ORDINANCE FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, ORDER, CONVENIENCE AND GENERAL WELFARE BY REGULAUNA THE LOCATION, SIZE AND HEIGHT OF BUILDINGS, THE ARRANGEMENT OF BUILDINGS ON LOTS, THE DENSITY OF POPULATION AND DESIGNATING THE BOUNDARIES OF DISTRICTS FOR SAID PURPOSES AND RELATING TO AND REGULATING THE CONSTRUCTION, ALTERATION, REPAIR, CONVERSION, REMOVAL, DEMOLITION, USE AND MAINTENANCE OF PLUMBING, ELECTRICAL WIRING, HEATING AND VENTILATING, SEWER AND WATER CONNECTIONS, ALL WITHIN THE LIMITS OF THE VILLAGE OF LINO LAKES. The Village Council of the Village of Lino Lakes does ordain: SECTION I. District Established. For the purposes of regulating the location of buildings, their size height and use, their arrangement on lots and the density of population, the Village of Lino Lakes is hereby divided into two districts designated as follows: (a) Residential district (b) Commercial deistrict The geographical limits of such districts and differentiation of uses within the districts being defined as follows: SECTION II. Residential. (a) Area. All of the territory within the Village of Lino Lakes, not hereinafter classified as commercial, is designated hereby as residential district (b) Uses in Residential Districts. That in said residential districts, unless otherwise in this resolution hereinafter provided, no building or premises shall be used and no building shall be hereafter erected or structurally altered except for one or more of the following uses: 1. Private dwellings. 2. Two-four family dwellings. 3. Churches and schools accessory thereto, including name plate and bulletin boards. 4. Public schools. 5. Libraries, museums, parks, playgrounds, recreation and community buildings owned and/or controlled by the town or by public school distr;_ct or other municipal authority. 6. Gardening, orchards and berry patches. 7. Nurseries and greenhouses for the propagation, cultivation and growing of plants only. 8. Golf clubs with adjoining grounds of not less than 40 acres in extent. 9. Community building. 10. Recreation field or building. 11. Home occupations engaged in by the occupant of own dwelling, includ- ing also the office on one engaged in a professional occupation, and located in his or her own dwelling; however, appearance of dwelling may not be changed and no name plate exceeding two square feet in area shall be permitted. Such name plates shall contain only the name and occupation of the occupant of the dwelling. 12. Signs not exceeding eight square feet in area pertaining to the lease, hire of sale of a building or premises; in the erection and and maintenance of which signs, the set backs herein provided for -2- shall be observed; but no advertising sign or any other character shall be permitted in a residential district; and by special use permit granted by the town board pursuant to recommendation of the town Planning and Zoning Commission, the following uses, to -wit; 13. Public or private institution on an educational, philentropic or eleemosynary nature. 14. Cemetery. 15. Public utility services including stations, distribution, plants, etc., but not including warehouses for the storage of bulky material and not including factories for manufacture of any commodity. 16. Apartment houses. 17. That in said residential districts no dwellings or building shall be erected or used upon any lot or tract of land unless the same shall have a frontage of at least 75 feet upon a street with a front yard of set back from the property line of at least 30 feet and an area of at least 11,250 square feet. No part of a dedicated road shall be included in computing area, in cases where no road as dedicated then a right-of-way of not less than 33 feet in width shall be excluded. There shall be but one dwelling upon each such lot or tract of land. 18. Plats of land duly approved and filed with the County prior to the date of adoption of this Zoning Plan and Building Code on which are shown building lots of less than 75 feet and with 11,250 square feet in area may be considered acceptable plots of ground on which to construct a dwelling upon issucance of a special use permit by the Village Building Inspector. However, no permanent dwelling may be erected on any single lot 30 feet or less in width on street front. If at the date of adoption of the zoning plan and building code, the applicant for a dwelling permit owns or controls two or more con- tiguous lots those platted width is 25 feet or more, he may be be issued a special use permit to construct a one family dwelling on two such contiguous lots. 19. That in said residential districts all dwellings and other buildings shall have a sideyard of at least 10 feet, except in the case of lots having streets on two sides in which the side yard on the street side shall be a least 25 feet and on the other side at least 10 feet and if the opposite ends of the lot abut on two streets, there shall be an open space of at least 35 feet at each end. That where there is an attached garage and porch, the side yard may be but 5 feet. Provided, however, that a public hearing and/or posted notice, if any, may, in the discretion of either the Village Zoning Board or the Village Council, be dispensed with in case of an application by a public utility. That any permit granted pursuant hereto shall specify the size, height and location of any building covered thereby. SECTION III. Commercial. (a) Area. That the following described portions of the Village of Lino Lakes are hereby created and established as commercial districts, and that no other part or portion of said town shall be used for the uses of such uistrict except as hereinafter otherwise provided, to -wit: 1. All lands in the Village of Lino Lakes that lie within three hundred (300) feet as measured at right angles from the outside boundary lines of trunk highways numbered Eight (8) and Forty Nine (49). 2. All that part of the Southwest Quarter of the Southeast Quarter (SW4 of SEA) of Section Thirty One (31),TownshipThirty One (31), ,-3- Range Twenty Two (22) that lies east of the Saint Paul Water Works Roadway. 3. Wherever in any of the commercial areas designated in paragraphs 1 and 2 above, there is a tract containing less than three hundred (300) feet of highway frontage lying between two areas now or here- after devoted to residential purposes b_y actual use then to devote such tract to commercial uses application must be made to the Village Council for a special use permit in accordance with the provisions hereinafter contained. (b) Uses. In the commercial districts unless otherwise provided in this resolution, no building or land shall be used and no building shall hereafter be erected, altered or used except for one or more of the follow- ing uses, to -wit; 1. All uses permitted in residential and open development districts. 2. Retail stores and shops. 3. Fire and police stations and postoffice. 4. Assembly rooms and lodge halls. 5. Personal service shops. 6. Retail automobile and farm implement sales rooms. 7. Restaurants and cafes. 8. Mortuaries. 9. Theaters, financial institutions and professional offices. 10. Photograph studios. 11. Automobile stations for the sale of gasoline, oil and accessories. 12. Public garages. 13. Small animal hospitals. 14. Carpenter shops, furniture repairing, bookbinding, dress making and tailoring shops, shoe repair shops, newspaper and other printing establishments, electrical shops, metal work, tin smithing. plumbing, water, gas and steamfitting shops, blacksmith shops, machine shops, but not including the production or manufacture of any material used therein. 15. Hotels. 16. And the following uses provided a special use permit is first obtained as hereinafter provided: a. Tourist camps. b. Skating rinks. c. Refreshment parlors or taverns providing such establishment has a permit to operate its business as required or as may be here- after required under any law in force in the State of Minnesota. d. Trailer camps. 17. Other business uses which in the opinion of the Village Council are of the same general character as the uses in this section :_hereinabove enumerated and which will not be obnoxious or detrimental to the commercial district in which it is located. No use shall be permitted which in the judgment of the Village Council will be offensive because of noise, vibration, smoke, gas, fumes, odors, or dust or hazardous because of fire or explosion. SECTION IV. PRESENT USES. (a) Except as otherwise provided in this section, the lawful use of any land or building existing at the time of taking effect of the resolution may be continued although such use does not conform to the regulations provided by this resolution for the district in which such land or bulding is located, provided, however, that no such non -conforming use be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this resolution; not shall any such non -conforming use -4- be moved to any other part or parcel of land upon which the same is con- ducted at the time of the adoption of this resolution, If such non -conform- ing use consists of a substantial building and ceases for a continuous period of two years, any subsequent use of said building shall be in con- formity to the regulations specified by this resolution. No non -conforming use, if one changed to a use permitted in the district, shall be changed back to non -conforming use. If, at any time, any building, exclusive of foundation, in existence or maintained at the time of the adoption of this resolution which does not conform to the regulations of this resolution provided, shall be substantially wholly destroyed by fire, earthquake, windstorm or explosion, then the said land on which such buildings were located or maintained shall from and after the date of such destruction be subject -Lb all the regulations specified by this resolution. (b) Regardless of any other provisions of this resolution, no junk yard or public dump, private dumping ground, or pig or hog farms in a res- idential district at the time of the adoption of this resolution, shall continue existing as a non -conforming use for more than one year after the adoption of this resolution. No junk yard, public dump or private dumping ground, which, after the adoption of the resolution exists as a non -con- forming use in any commercial or industrial district shall continue as herein provided for non -conforming uses unless such shall within one year after it has become a non -conforming use be completely enclosed within a building or within a continuous solid fence not less than eight feet in height and in any case, of such height as to completely screen all the operations of such. The plans of such building or fence shall first have been approved by the Zoning Board. All other applicable provisions of this resolution shall apply to any non -conforming junk yard, public dump or private dumping gounds. SECTION V. TRAILER CAMPS AND TEMPORARY HABITATION. (a) The Village Council shall exercise the authority to permit temporary habitation in accessory buildings or in partially completed homes, pro- vided, of course, that there is no objection from the owners of adjoining property. (b) If the Village Council permits the occupation of any accessory build= ing or partially completed building on a temporary basis, the applicant for such permit shall sign an agreement with said Village Council, specify- ing the time at which such occupation is to cease. (c) Trailer camps shall be located in accordance with the Lino Lakes Zoning Plan in commercial districts only. Such camps must conform to the standards set up by the Minnesota Department of Health. (d) The owner of any unimproved tract of land may place. or cause to be placed, a trailer for temporary use as a dwelling on said property by obtaining from the building inspector a special permit. (e) Should the owner of any property upon which a trailer is located re- ceive rent or payment for such use, the property shall at once be considered as a trailer camp and shall conform to Section 5-c of this code. (f) One house trailer may be parked for dwelling purposes on an ;improved piece of property temporarily by special permission of the Building Inspector. (g) In the case of any trailer being temporarily used as a dwelling, the length of time for which the permit is issued shall be specified as not to exceed ninety (90) days. Permission for 90 days extension must be pro- cured from the Building Inspector. (h) The removal of wheels from any trailer, or the remodeling of a trailer through the construction of a foundation or enclosure of the space between the base of the trailer and the ground, or thru the construction of additions to provide extra floor space will not be considered as conforming with this -5- code in any respect, and will therefore be prohibited. (i) In order to locate railroad coaches, boxcars, etc., on any property, improved or unimproved, in the township, it will be necessary to obtain special permit from the Building Inspector in all cases, and the use of any of these structures as dwellings is prohibited. BUILDING REQUIREMENTS SECTION I. All buildings constructed for the purpose of providing human habitation, and all buildings constructed for the purpose of providing for the engaging in any commercial enterprise, excepting agricultural enterprises upon tracts devoted to agriculture in the date of the enactment of this order, shall be constructed in accordance with and of the materials specified in this ordinance, regardless of whether or not these buildings are in residential or commercial tracts. SECTION II. (a) Insulation material used for protection of a building against heat and cold shall be passed upon by the inspector. (b) Stucco on the outside of frame buildings shall be on galvanized metal lath weighing not less that 3.4 pounds per square yard, and any, other plaster base is hereby prohibited. (c) No building paper of any kind shall be used for the permanent outside finish of any building. (d) All building materials shall be of good quality, conforming to generally accepted standards. Except as otherwise provided in law, or in this code, or in duly promulgated regulations, the specifications of the American Society for Testing Materials of other generally accepted standards of equal value, shall be deemed to be generally accepted. All materials used as aggregate in the mixing of concrete shall be clean and free from loam and other foreign matter. (f) Mixtures for concrete shall be as follows: PLAIN CONCRETE - 1 part Portland Cement, 3 parts sand, 5 parts gravel. WATER CONTENT - Not more that 74 gallons of water per bag of cement. (g) Structural steel and iron shall comply with the recommendation of the American Institute of Steel Cosntruction. (h) Soft wood lumber shall meet the grading requirements of the association recognized in the trade as covering the species under whose grading rules it was produced. This requirement shall not apply to mill- work or interior finish. (i) Lumber shall be dry and well seasoned. (j) Approved built up roofing, vertical or edge grain wood shingles, mineral surfaced, asbestos, slate, or their equivalent will be accepted. (k) Nails for attaching roof covering shall be copper of hot -dipped gal- vanized nails. (1) Tar paper is hereby prohibited for use as roof covering material on roofs of all buildings, with the exception of use in built-up roofs. CONSTRUCTION (a) No building shall be constructed upon any foundation, the footing of which is less than three and one-half (32) feet below grade, unless built upon solid rock, and no footing shall rest upon filled or loose earth. (b) All buildings shall have foundation walls of brick stone or concrete of sufficient size or strength to support the weight imposed. (c) No footing under such wall shall be less than eight (8) inches thick and twelve (12) inches wide, and all such footings shall be constructed of concrete. -6- (d) Masonry basement walls for frame buildings shall not be less in thickness than twelve (12) inches. ,.1 (e) Every dwelling house hereafter erected except those constructed on a 4" reinforced concrete slab shall either have a basement or an excavated space under the entire first floor at least two (2) feet in depth, or such building shall be elevated above the ground so that there will be a clear air space of at least two (2) feet between the top of the ground and the bottom of the floor joists. Such spaces shall in all cases be enclosed but provided with ample ventilation and properly drained. (f) In all cases where basements are constructed in ground which contains water, suitable provisions shall be made to properly carry off the moisture from such soil. (g) At least two (2) foundation wall vents having a total effective area of one square foot for each fifteen lineal feet of exterior wall shall be installed in each basementless space. Vents shall be covered with 1/8" mesh noncorrodible screening. Venting is not required when basementless space is open to a ventilated basement. (h) Basement or cellar floor slabs shall not be less than three (3) inch concrete if finished monolithis; otherwise, just three (3) inch con- crete and one (1) inch topping. (i) Wood posts in basements shall bear on a cement base which shall ex- tend not less than four (4) inches above the finished floor which in turn shall rest on top of a concrete footing at least 24"x24"x8". Top of posts shall be securely fastened to the girders. (j) Beam filling will be required around all exterior openings in masonry veneer walls and all intersections of wood and masonry. (k) Basements shall be provided with means of light and ventilation of not less than two percent (2%) of the floor area. (1) An access opening of not less than 18"x24", or its equivalent, shall be provided to each basementless space under wood or metal floor construction. (m) The walls of chimneys used for stoves, ranges, fireplaces, heating furnaces or other heating appliances regardless of the type of fuel to be used shall be built of brick, concrete, stone or hollow tile of such thick- ness and construction as is hereafter specified. (n) All chimneys irrespective of which materials the walls are built of shall be lined with fire clay flue lining or with fire brick. The lining shall be made for the purpose and adapted to withstand the temperatures and the resultant gases. (o) Solid brick or concrete chimneys shall not be less than four (4) inches thick exclusive of flue lining. A standard size )brick laid flatwise shall be deemed to fulfill this requirement for brick chimneys. (p) Stone and hollow tile chimneys shall have a minimum thickness of eight (8) inches. (q) Hollow tile may be used in the construction of a chimney only where said chimney is part of an exterior wall. (r) The foundation of an exterior chimney shall start below the frost line. (s) In frame buildings the chimney shall always be built from the ground up or rest upon the basement walls. (t) Chimneys shall be built at least three (3) feet above flat roofs and two (2) feet above peaked roofs. (u) Iron brackets or stirrups attached to wooden construction shall not be used to support chimneys. (v) ALL SPACES between chimneys and wooden joists and beams shall be filled with some porous incombustible material. (w) Chimneys shall not rest upon wooden floors, beams or brackets or be hung from wooden rafters in any building (x) All chimneys shall be properly capped with an approved material. -7- (y) Corbeled chimneys must be supported by a wall with a minimum thickness of twelve (12) inches. (z) All corbeling shall not project more than six (6) inches from the face of ny wall. (aa) Corbeling shall consist of at least five (5) courses of brick. (bb) No smoke pipe shall be within twelve (12) inches of any woodwork or any wooden lath or plaster partition or ceiling unless the surface above the pipe be protected by metal lath and Portland Cement plaster. (cc) Where smoke pipes pass through a wooden lath and plaster partition then shall be guarded by galvanized iron ventilated thimbles at least twelve (12) inches larger in diameter than the pipes, or by galvanized iron thimbles built in at least eight (8) inches of brick work or other incom- bustible material. (dd) No smoke pipe shall pass through any floor or a roof having wooden framework or covering. (ee) The use of a smoke pipe rather than a chimney shall be prohibited. (ff) No wooden beams, joist or rafters shall be placed within two inches (2") of the outside face of a chimney whether it be for smoke, air or for any other purpose. (gg) No woodwork shall be placed within four (4) inches of the back wall of any fireplace. (hh) The ends of all wood joists and beams supported by brick walls shall be fire cut. (ii) The floor construction of all dwelling houses shall be built to sustain a live load of not less than forty (40) pounds per square foot. (jj) All floor joists shall have a bearing of not less than four (4) inches at each end on the wall or beam supporting same and no wood floor joists shall be less in size than 2"x8", or spaced more than sixteen (16) inches on center. (kk) All wood floor joists'shall be provided with well nailed cross bridging and the distance between each row of cross bridging shall not exceed eight (8) feet. (11) All sub -floor shall be laid diagonal. (mm) All wood joists shall bear on 2"x4" plates, single plates for first floor and double plates for the second floor. (nn) The size of studding used for any bearing -partition or wall shall not be less than 2"x4" and such studding shall not be spaced more than sixteen (16) inches on centers. (oo) All stud partitions shall have 2"x4" plates at top and bottom to serve as a fire stop, except bearing partitions shall have double plates at top. (pp) At least one doorway serving as an exit shall have a width of not less than Thirty Two (32) inches. (qq) No stairway serving as an exit shall have a width less that Thirty- six (36) inches. (rr) The total glass area of required window in any habitable room shall not be less than ten percent (1000 of the floor area of the room. (ss) One-half of the area of windows opening upon an open porch may be used in figuring the required glass in the room in which they occur. (tt) The total area of the ventilating portions of required windows in any habitable room shall not be less than four percent (40) of the floor area of the room, except where a mechanical air change is provided. (uu) A minimum height of 7'6" will be acceptable on any floor level .-� except the first floor, which will be a minimum of eight (8) feet. (vv) Where 2"x6" material is used the space may be twenty-four (24) inch on centers. Collar beams shall be provided on forty-eight (48) inch centers. (ww) Composition shingles or ready roofing shall be laid so that there is not less than two (2) thicknesses at any point. (xx) Stucco shall be limited to cement stucco and shall be applied in -8- three (3) coats with a reasonable drying period of time between each coat. (yy) At least 6"x8" solid beam or equivalent will be provided for floor support. (zz) Roofs of buildings which are more than thirty-five (35) feet in height, or thirty five hundred (3500) square feet in area, shall be covered with hard incombustable materials of standard quality, such roofing, however, shall rank not lower than Underwriters Laboratories Class "B", farm out- buildings excepted. (aaa) Roofs of all dwellings and all buildings not exceeding three (3) stories, or thirty-five (35) feet in height, or thirty-five hundred (3500) square feet in area, and not used for factories, warehouses or mercantile purposes may be covered with composition shingles or ready roofings a grade ranking not lower than Underwriters Laboratories Class "C". (bbb) Debris occuring in the building area shall be removed. (ccc) The garage, terrace and porch floors, walks and driveways, where of concrete construction, shall have a minimum thickness of four (4) inches. The slabs shall be laid on a bed of gravel, cinders or other approved material not less than four (4) inches thick. Bed may be omitted if slab is properly reinforced. (ddd) An expansion joint shall be provided between driveway concrete apron at garage door and in driveways at intervals of more than thirty (30) feet. (eee) Concrete shall not be poured in freezing weather unless proper precautions are taken. (fff) The type, construction and location of wells shall be in accordance with the recommendations of the Minnesota State Board of Health as outlined in their bulletins, "Water Supply Sanitation," published in 1948, Section V or Section VII published in 1941, revised 1946 (ggg) The type, construction and location of septic tanks or cesspools and tiled disposal fields shall be in accordance with the recommendations of the Minnesota Department of Health as outlined in their bulletin, "Small Sewage Systems," published in April, 1946. (hhh) The effluent from a septic tank must discharge into an approved absorption field, a cesspool or sewer line. It shall never be discharged directly into a stream or open ditch. (iii) The minimum standards and requirements as outlined in the Minnesota Plumbing Code, dated July 20, 1937, as amended January 14, 1947, shall apply in the construction of every dwelling. (jjj) Electric wiring shall conform to the requirements of the agency furnishing the power and shall be inspected before being concealed. (kkk) The construction of public buildings such as schools, theaters, libraries, churches, etc., shall conform with the provisions of the Abridged Building Code, Building Conference of America, Inc., adopted September 16, 1948. (111) The construction of all business and industrial buildings having a floor area of more than two thousand (2,000) square feet shall conform to the provisions of the Abridged Building Code, Buildings Officials Conference of America, Inc., adopted September 16, 1948. (mmm) If any clause shall be of similar meaning in this Code and the Abridged Building Code, Building Officials Conference of America Inc., adopted September 16, 1948, shall prevail. (nnn) Where a phase of construction is not covered in this code, the Abridged Building Code, Building Officials Conference of America, Inc., adopted September 16, 1948, shall be a guide. (000) In the construction of any public building, and any private building constructed, designated or converted to a use incidental to which the public is invited or expected to enter into such building, no combustible accustical tile shall be used. -9- BUILDING SIZE AND LOCATION (a) In every dwelling house hereafter erected there should be at least three livable rooms and the overall dimensions shall contain an area of not less than 768 square feet or any building less than two full stories, and an area of 672 square feet on the first floor for all buildings contain- ing two full stories, To constitute a full second story the second floor of the building must have a ceiling of seventy-six (76) inches. No liviable room, excepting the kitchen, shall contain less than ninety (90) square feet. (b) Any structure used for human habitation shall have not less than two exits located as far apart as practicable. (c) No building shall hereafter be placed upon a single lot so that there shall be a dwelling in the rear of another with the same frontage. (d) Garages and/or accessory buildings shall be so located on the property as to conform with the side yard specificaction of the Lino Lakes Zoning Plan, in the particular classification for which the property is zoned. Farm buildings are excepted. (e) No private garage shall be located so that its doors when open project over public property. (f) No detached private garage and/or accessory buildings shall be located closer to any dwelling on the adjoining property than ten (10) feet unless the owner of such dwelling agrees in writing to allow such garage and/or accessory buildings to be erected closer. (g) No dwelling or other structure shall be built upon frozen ground. (h) No dwelling or other structures shall be placed upon filled ground until the inspector has been satisfied that the fill has compacted sufficiently to support the contemplated load. (i) Each property upon which the construction of a building is contemplated shall have adequate or immediate access to a public street or way, or to a private way protected by a permanent easement which shall be of width and construction suitable to the traffic requirements of the neighborhood in which the property is located. This shall not be construed to include alleys or service ways. (j) It shall be mandatory upon the owner of any property that he construct any dwelling or accessory buildings to conform to the established grade of adjacent highway or street. (k) The construction of concrete driveways will not be permitted unless the grade thereof meets an established grade of the adjacent street. (1) Outside toilets shall not be closer than thirty (30) feet to the dwelling to which they are accessory, and must also not be closer than ten (10) feet to any side lot lines. (m) Outside toilets or cesspools shall not be closer to wells from which drinking water is obtained than fifty (50) feet. (n) Outside toilets shall be located in the rear of the dwelling to which they are accessible. (o) Every floor of a multiple dwelling and every floor area enclosed by fire and/or exterior walls shall have not less than two (2) exits. (p) When a floor has two or more exits they shall be placed as far apart as practicable. (q) In computing yard dimensions, measurements shall be taken from the nearest point of the building, or the nearest point of an enclosed portion of the building to the street or lot line. In any residential destrict where twenty-five percent (25%) or more of the lots in any block located in the same district, exclusive of the frontage along the side of a corner lot, have been improved with buildings at the time of the passage of this resolution, which buildings are of a character permitted in said districts, and the front yard on such lots vary in depth to an extent not greater than ten (10) feet, then the required front yard depth for such district shall -10- ,••'1 be disregarded in such block and in lieu thereof, the front yard required on each lot in said block shall be of a depth of the front yard on the lots on which are located such existing buildings. (r) That all buildings hereafter erected in such districts which have a flat roof, if closer to another building than ten (10) feet, shall have a fire wall of at least two (2) feet above the roof. ADMINISTRATION SECTION I. BUILDING INSPECTOR The Village Council shall appoint a Building Inspector hereinafter referred to as "Inspector". This inspector shall be bonded to the Village in the amount of $2,000.00 for the full and faithful performance of his duties. (a) The inspector shall be given the authority and the responsibility to enforce all of the provisions of this code under the direction of the Village Council. (b) Any person, or persons, who shall interefer with the inspector in the execution of his duties as defined in this code, shall upon con- viction thereof be subject to the penalties provided herein. (c) The inspector is hereby given the authority to call upon the constables for assistance in enforcing any of the provisions of this code. (d) The Village Council, may, whenever it becomes necessary through the various types of construction to be encountered, employ such technical or expert consultants as to insure proper construction and public safety. (e) The term of office for the appointed inspector shall be indefinite and shall terminate at the pleasure of the Village Council. (f) The inspector shall be charged with the responsibility to impose regulations, carrying out the true intent of public health and safety as to materials used, location, dimensions and construction of any building not specifically covered by this code but which is used or intended to be used, either permanent or temporary, for the support, habitation, amusement or shelter of people, animals or chattels and in any manner contribute to danger or safety of life and property. (g) The inspector so far as it may become necessary for the performance of his duties, shall have the right to enter any buildings or structure upon showing his badge of office. (h) It shall be the duty of the inspector to stop the construction, repair, alteration, renewal or demolishing of any building or structure when any work done thereon is carried on in violation of this code or in a reckless, careless, unsafe or improper manner. (i) When any work shall have neen stopped by the Inspector for any reason whatsoever it shall not again be resumed until the building inspector shall have been satisfied that the reason for work stoppage has been com- pletely removed. (j) It shall be the duty of the inspector to pass upon all questions relating to the strength and durability of buildings or structures. (k) The inspector shall examine all buildings or structures for which application has been made for a permit to enlarge, remove or alter such building or structure, to determine whether or not such permit may be granted. SECTION II. PERMITS (a) Before proceeding with the construction, enlargement, alteration, repair or removal of any building or structure, the owner or his agent shall first obtain a permit for such purpose from the building inspector and shall pay the fees described herein; excepting, builidngs for agri- cultural purposes may be erected upon any farm consisting of more than twenty (20) acres, without a permit, but any building constructed for the ,11" purpose of providing habitation for human beings shall conform to this ordinance even though built pursuant to an agrigultural purpose and without permit. (b) Applications for permits shall be made in writing upon printed blanks or forms furnished by the inspector for such purpose. (c) Application for permit shall be accompanied by two copies of the plans and specifications clearly illustrating and specifying the work to be done, and such plans shall be so complete so as fully illustrate the character of the proposed work. Buildings of fifty thousand (50,000) or more cubic feet content shall bave plans and specifications, prepared by a practicing architect, registered and licensed in the State of Minnesota. (d) Each application for permit shall show the correct legal description of the property. (e) Application for permit shall be accompanied by two copies of the lot plan showing the correct location of the proposed building with respect to the lot lines and also the correct location of all the other buildings either on or proposed to be constructed on the lot. The plan shall also show the proposed location of water supply, sanitary facilites and proposed disposal of surface water, and a Certificate of Survey shall be furnished if deemed necessary by the Building Inspector. (f) The inspector shall examine and approve all plans and specifications before permits are issued. (g) If an examination of the application, plans and specifications indicate that the provisions of this code and zoning plans are complied with, the inspector shall issue a permit therefore. (h) One set of plans for the proposed construction, together with the specifications therefore, shall be returned to the applicant and shall be kept at the place where work is being done until its completion. (i) One set of plans for the proposed construction, together with the specifications therefore, shall remain with the inspector and be open for public inspection. (j) One copy of the lot plan shall be returned to the applicant and be kept at the place where the work is being done until its completion. (k) The second copy of the lot plan shall remain with the inspector and be open for public inspection. (1) It shall be the duty of the building inspector, when permits are issued, to ascertain by an examination of the plan of the proposed building that the cost as shown by the applicant is correct, and to note such cost on the application, with such other information as he may require, and a fee of One and 50/100 dollars ($1.50) per one thousand dollars )$1,000.00) or fractional part thereof, of such cost, shall be made payable to the. Treasurer of the Village of Lino Lakes at the time of issuance of the permit for any building or structure, except as provided in the following section. (m) Permits shall not be required for construction, repairs or maintenance or for minor alterations made in accordance with this code, provided that the cost of such construction, repairs or minor alterations shall not exceed three hundred fifty dollars ($350.00). (n) The inspector will be required to collect a minimum fee of One Dollar ($1.00) not specifically covered in Section 2-13. (o) It shall be the duty of the inspector to sign or cause to be signed all permits, certificates and notices required to be used by this code. (p) The inspector shall refuse to approve any application or to issue a permit unless the plans and specifications and other data which accompany such application shall indicate that the proposed work is in all respects in accordance with the provisions of this code. (q) The inspector shall refuse to issue a permit for the construction -.12- of any building which construction or necessary grading incidental thereto shall obstruct any natural drainage waterway open in a manner satisfactory to the County Engineer. "'"'1 (r) It shall be the duty of the inspector to refuse the issuance of a permit in any case where the relative elevations of the proposed building grade and the established road grade shall conflict in such a manner as to cause damage throught drainage conditions. (s) No permit shall be issued covering the construction of more than one private garage for each dwelling to be constructed on any property, except by special permit. (t) The inspector may deny a permit for the construction of a dwelling upon ground which according to the information furnished by the applicant is too low for proper drainage. (u) It shall be mandatory that every building constructed after the issuance of a permit be inspected at least once during the period of the construction. In the case of buildings costing One Thousand Dollars (1,000.00) or more, a minimum of three (3) inspections will be required. The first of these required inspections shall be made when the foundations are complete. The second shall be made at such time as the entire rough work of the structure is in place. The third shall be made when the building is complete. The owner., or builder, shall notify the inspector at such times as the construct- ion approaches the above mentioned conditions. While it is the intention of this paragraph to establish the minimum required number of inspections, it shall not be construed as relieving the inspector from the responsibility of making any or all inspections which are necessary to insure proper construction. (v) All permits issued shall expire ninety (90) days after the date thereof, and all fees shall be forfeited unless the work contemplated and authorized thereby is in actual progress. (w) The owner or builder shall have the right of appeal to the Village Council from any decision made by the inspector. This appeal must be made in writing and directed to the Village Council. SECTION III CONDEMNATION (a) The inspector is hereby given authority to make such tests or order such tests to be made as he may deem necessary to determine the safety of the condition of any structure, building or part thereof, material or machinery which it becomes his duty under the provisions of this code to inspect. (b) If in the opinion of the Inspector any building or structure shall from any casue whatsoever be in a dangerous condition to persons or pro- perty, it shall be his duty to notify the owner of such a condition in writing. (c) The Inspector shall have the authority to cause the repair or reconstruction of any building or structure which is dangerous or unsafe to persons or property. (d) The Inspector shall, in writing, notify the owner of any building which might be unsafe, to make the necessary repairs or reconstruction within a specified time. (e) The Inspector is empowered to recommend proceedings in any build- ing or structure after proper notices have been delivered to the owner. (f) In cases of condemnation, the Inspector shall post notices upon the property affected. (g) The Inspector shall then have authority, thirty (30) days after such condemnation has been imposed, to enter upon said premises and to fence in, prop up or tear down and remove such unsafe or dangerous building or structure and do all things which in his opinion may be necessary for the protection of life and adjoining property. 13- (h) The amount of the expense caused by condemnation may be recovered by the Village from the owners, or owner, of the lot or parcel of land. (i) A statement of the expense of any work incidental to the condemnat- ^ion of a structure or building shall be filed by the building inspector -in the office of the County Auditor. (j) The expense involved due to condemnation as shown in the report of the Inspector shall become a lien in favor of the Village upon the lot or parcel of land. (k) Any lein which has been established against any property as a result of condemnation and expenses incidental thereto may be enforced in a civil action in any court of jurisdiction. (1) After the removal or destruction of any building, the Inspector shall notify the owner or his agent in writing to clean up all debris and also to fill any old foundations or pits, old wells, cisterns and/or cesspools. (m) If the work of cleaning up debris and filling is as above specified has not been started within thirty (30) days from the time of the Inspector's written notice to the owner or agent, the Inspector shall have authority to enter upon the premises and to perform such work. (n) Should it become necessary for the Inspector after due notice as set forth in this code, to perform work which causes expenses to the Village, the amount of this expense may be placed as a lien against said property. (o) No condemned building shall be occupied by any person or chattel or used for any purpose whatsoever. SECTION IV. SPECIAL USE PERMITS Petitions for the construction or use of any building or property in the Village for a purpose not specifically provided for under the terms of this resolution shall be addressed to the Village Council of the Village of Lino Lakes setting forth the description of the property proposed to be so used, the nature of the proposed use, and the names of all persons in- terested in said proposed use. Upon receipt of such a petition, said Village Council shall refer the same to the Board of Zoning who shall set a time and place for a public hearing before said Village Council. Said Board shall cause a notice of the time and place and purpose of said hearing to be posted by the Building Inspector in a conspicuous place on the premises described in the petition and shall cause such a notice to be posted in three (3) public places in said Village. At such hearing the petitioner shall show: (a) That there are special circumstances or conditions affecting the land, building or use referred to in the petition, and, (b) That the granting of the permit to so use the property is necessary for the preservation and enjoyment of substantial property rights, and, (c) That the use of property in the manner proposed in said petition will not materially affect adversely the health or safety of persons residing or working in the neighborhood of said property and will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood. Said Board in its discretion may adjourn its hearings on said petition from time to time. After the completion of said hearing on said petition, said Board shall make a written statement of the findings of fact and shall thereupon hand the same to the Village Council together with its recommendat- ion as to whether or not, in its opinion permission should be granted to the ^petitioner to use the property as set forth in the petition. Said Board may also submit its recommendation as to such conditions in connection therewith as will substantially secure the objects of this resolution. Upon receipt by the Village Council of said findings of fact and recommendations, said Council shall, by resolution, either grant or refuse to grant a permit for the use of the premises as set forth in the petition. If said Council shall grant permission to so use the premises, it may attach such conditions to such permit as it, in its discretion, deems necessary to substantially /"lsecure the objects of this resolution and may require such guarantees as to may deem necessary to assure the fulfillment of such conditions. Upon the granting by the Village Council of permission to use the premises described in any such petiion for a purpose not specifically provided for by this resolution, the Building Inspector shall issue a "Use Permit." Such "Use Permit" shall contain a statement of the conditions, if any, under which it issued. SECTION V. CHANGE IN ZONING AREAS. Changes in the boundary districts establised by this oridnance will be made by the Village Council only after a public hearing held on a date and at a place for which two weeks published and posted notice has been give. Such changes may be intitated by the resolution of the Village Council called for such hearing and such hearing will be called by the Village Council on the petition of any land owner praying a change in the zoning for lands owned by the petitioner which petition shows thereon the written assent of the owners of two-thirds (2/3) of the area of land lying within three hundred (300) feet of all parts of the tract for which rezoning is desired. The notice of hearing, to be posted and published shall state the nature of the authority of the Village Council to amend this ordinance as hereinafter provided. SECTION VI. AMENDMENTS. This ordinance may be amended by the Village Council after a public hearing on such amendment, such public hearing shall not be held until posted and published notice has been given for a two (2) week period. Proceedings for such amendment may be initiated by the Village Council or the Board of Zoning. BOARD OF ZONING. There is hereby establised a Board of Zoning vested with such authority and with such duties as were hereinbefore provided, and, such as may from time to time be assigned to the Board by the Village Council. This Board shall consist of five (5) citizens, residents of the Village of Lino Lakes and free holders in the Village of Lino Lakes. Their term of office shall be set by the. Village Council and no bond shall be required. This Board shall act in an advisory capacity to the Village Council with respect to all decisions on administration or amendment of this code when requested by the Village Council. The Board of Zoning shall elect its own chairman and shall elect a secretary and meetings of the Board of Zoning will be called by the Village Council or by the Chairman of the Board. Three (3) members of the Board of Zoning shall constitute a quorum to do business. SUBDIVISION DEVELOPMENT Regardless of any provisions hereinbefore contained, the owners of unbuilt on or unplatted lands may submit to the Village Council a complete development plan for an area showing proposed streets, building lines, parks and other open spaces, together with a proposed development plan for single family residences, two family residences, and areas for three or four family residences with local stores and services for the area proposed -15- to be developed and with such utilities as may be required to make the land usable for human habitation together with a plan or arrangement of buildings on lots, and if such plan meets with the approval of the Board of Zoning and . with the approval of the Village Council, the acceptance of this plan shall be construed to modify and supplement this ordinance as relating to the land included in the subdivision the use thereof and the building restrictions thereon. The conditions and limitations of such a plan shall constitute a contract between the developer and the Village, and on the violation of any part or term of such contract, the building inspector shall refuse building permits requested under such development. VIOLATION Any person who shall violate the provisions of this code shall be guilty of a misdemeanor and shall be punishable by a fine of not less than Five Dollars ($5.00), and not more than One Hundred Dollars ($100.00), or by imprisonemnt of not less that five (5) days, nor more than ninety (90) days for such offense. The application of the above penalty shall not be held to prevent the endorsed removal of prohibited conditions. DEFINITIONS. For the purpose of this plan, certain words and terms are defined as follows: Words used in the present tense include the future - words in the singular number include the plural - words in the plural number include the singular -the werd "building" includes the word "structure" - and the ^word "shall" is mandatory and not directory. Accessory Use: A use customarily incidental and accessory to the principal use of a lot or of a building located upon the same lot. Advertising: Any writing, printing, painting, display, any emblem, drawing sign, or other device designated, used or intended for advertising, or any type of publicity or propaganda, whether placed on the ground, rocks, trees, tree stumps, or other natural objects, or on a building, signboard, billboard, wall, roof, frame. siipPort, fence, or other man made structure. BOARDING, ROOMING OR LODGING HOUSE: A building other than a hotel where lodging or meals for five (5) or more persons is or are provided for compensation. BUILDING: A structure having a roof supported by columns or walls. DWELLING, ONE FAMILY. TWO FAMILY: a detached building designated for, or occupied by, not more than one or two families respectively. Family: Any number of individuals living together as a single house- keeping unit. Farms: Any tract of land, five (5) acres or greater in area, used for agricultural purposes. Farm Buildings: Any building when erected upon and used in connection with a tract of land actually devoted to agricultural purposes. Garage, Public: A garage other than a private garage, used for the housing or care of motor vehicles, or where such vehicles are equipped for operation repairs, or kept for remuneration, hire, or sale. Highway: The entire width between property lines of every way or place of whatever nature, other than an alley when any part thereof is open to the use of the public, as a matter of right, for the purpose of a vehicular traffic. Hotel: A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals for compensation and in which there are more than ten (10) sleeping rooms usually occupied singly, and in which no provision is made for cooking in any individual apartment. Passed and published by the Lino Lakes Village Council., Aug., 1955.