HomeMy WebLinkAbout1971-056 Council Ordinances TABLE OF CONTENTS
Page No.
Zoning Regulations Ordinance No. 56
Section 1. Title 1
Section 2 Intent and Purpose 2
Section 3 Rules and Definitions 2
Section 4 General Provisions 4
4.01 Application 4
4.02 Separability 5
4.03 Non-Conforming Uses and Structures 5
4.04 Lot Provisions 6
4.05 Accessory Builj�Vng and Structures 6
4.06 Required Yards .and Open Space 8
4.07 Permitted Encrpachments 8
4.08 Farming Operations 9
4.09 Vacated Streets 9
4.10 Platting 9
4.11 Dwelling Units Prohibited 10
4.12 Relocated Structures 10
4.13 Front Setbacks 10
4.14 Side and Rear Setbacks 10
4.15 Setbacks Adjacent to Residential Areas 10
4.16 Setbacks along Thoroughfares 11
4.17 Height 11
4.18 Fences and Walls 11
4.19 Home Occupations 12
4.20 Exterior Storage 12
4.21 Lake Frontage Lots 12
4.22 Stream Lots 12
4.23 Areas without Sanitary Sewer 13
4.24 Quasi-Public Structures 13
Section 5 Administration
5.01 Amendments 13
5.02 Rezonings 13
5.03 Requirements for Consideration 14
5.04 Special (Conditional) Uses General Statement 15
5.05 Variances and Appeals 17
A.
Page No.
Section 6. District Provisions
6.01 Districts 17
6.02 Agricultural "A" District 18
6.03 Residential Districts 19
6.04 Single Family (R-1) District 20
6.05 Duplex Family (R-2) District 21
6.06 All Multiple-Family District 23
6.07 Multiple-Family (R-3) District 3-24 Units 26
6.08 Multiple-Family (R-4) District 24 + Units 27
6.09 Multiple-Family (R-5) District Townhouse 29
6.10 Multiple-Family (P. U. D.) District Planned Unit
Development 30
6.11 Multi-Family (R-6) District
(Existing Ordinances 39A; 39; 6Q) Mobile Homes 31
6.12 Commercial Districts 35
6.13 General Business (GB) District 35
6.14 Limited Business (LB) District 36
6.15 Shopping Center (SC) District 37
6.16 Industrial Districts 38
6.17 Light Industrial (LI) District 39
6.18 Heavy (HI) Industrial District 41
10"IN 6.19 Public and Semi-Public District 42
6.20 Zoning District Map 43
6.21 Zoning Change Performance 43
6.22 Rehearing of Denied Zoning 43
6.23 Minimum Requirements Table 44
Section 7. Parking For All Zoning Districts
7.01 Off-Street Parking Space Requirements 45
7.02 Surfacing and Drainage 46
7.03 Location 47
7.04 General Provisions 47
7.05 Design and Maintenance of Off-Street Parking Areas 48
7.06 Truck Parking in Residential Areas 49
7.07 Reduction of Parking Areas 50
7.08 Off-Street Loading and Unloading Areas 50
7.09 Traffic Control 51
Section 8. Repeal Or Amendment Of Prior Village Ordinances 51
Section 9. Penalty Section 52
Section 10. Effective Date 52
B.
ZONING REGULATIONS
ORDINANCE NO. 56
THE ZONING ORDINANCE OF LINO LAKES, MINNESOTA RELATING TO AND REGULATING
THE LOCATION, SIZE, USE AND HEIGHTS OF BUILDINGS, THE ARRANGEMENT OF
BUILDINGS ON LOTS, AND THE DENSITY OF POPULATION IN THE VILLAGE OF
LINO LAKES AND FOR THE PURPOSE OF PROMOTING THE PUBLIC HEALTH, SAFETY,
ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE IN SAID VILLAGE,
AND FOR SAID PURPOSE, TO DIVIDE THE VILLAGE INTO DISTRICTS, AND MAKE
DIFFERENT REGULATIONS FOR DIFFERENT DISTRICTS, AND AMENDING OR
REPEALING ALL OR PARTS OF CERTAIN VILLAGE ORDINANCES.
The Village Council of the Village of Lino Lakes does ordain as follows:
Section 1. TITLE
This Ordinance shall be known, cited and referred to as the
VILLAGE OF LINO LAKES ZONING ORDINANCE
except as referred to herein, where it shall be known as "this Ordinance".
Section 2. INTENT AND PURPOSE
This Ordinance is adopted for the purpose of:
protecting the public health, safety, morals, comfort, convenience
and general welfare.
dividing the Village of Lino Lakes into zones and districts restrict-
ing and regulating therein, the location, and use of structures and land.
promoting orderly development of the residential, business industrial,
recreational and public areas.
providing adequate light, air, and convenience of access to property.
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limiting congestion in the public rights-of-way.
preventing overcrowding of land and undue concentration of structures
by regulating the use of land and buildings and the bulk of buildings
in relation to the land and buildings surrounding them.
providing for the compatibility of different land uses and the most
appropriate use of land throughout the Village of Lino Lakes.
protecting and guiding the development of rural area.
conserving and developing natural resources.
fostering agriculture and other industries.
preventing a wasteful scattering of population.
securing safety from flood.
reducing waste from excessive mileage of roads.
conserving the natural and scenic beauty and attractiveness of roadsides.
providing for the administration of this Ordinance and amendments thereto.
defining the powers and duties of the administrative officers and bodies,
as provided hereinafter.
prescribing penalties for the violation of the provisions of this
Ordinance or any amendment thereto.
Section 3. RULES AND DEFINITIONS
3.01 RULES
The language set forth in the text of this Ordinance shall be interpreted
in accordance with the following rules of construction:
(A) The singular number includes the plural and the plural the singular.
(B) The present tense includes the past and future tenses , and the
future the present.
(C) The word "shall" is mandatory,and :the word "may" is permissive.
(D) Whenever a word or term defined hereinafter appears in the text of
this Ordinance, its meaning shall be constructed as set forth in
such definition thereof.
(E) The masculine gender includes the feminine and neuter genders.
(F) All measured distances expressed in feet shall be to the nearest
tenth of a foot. In event of conflicting provisions, the more
restrictive provision shall apply.
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3.02 DEFINITIONS
The following words, and terms, whenever they occur in this Ordinance,
are defined as follows:
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, 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, sign-
board, billboard, wall, roof, frame, support, 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 housekeep-
ing unit.
Farms: Any tract of land, 5 acres or greater in area, used for agricul-
tural 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 purposes of 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.
Non-Conforming Use: A building or the use of land that does not conform
with the use or other regulations provided in this resolution for the
district in which it is situated.
Signs, Advertising: Any structure or device used for advertising, as
defined herein.
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Stoi That portion of a building between the surface of any floor and
the surface of the floor next avove it, or, if there be no floor above it,
then the space between such floor and the ceiling next above it.
Story, Half: A story under a gable, hip or gambrel roof, the wall plates
of which on at least two (2) opposite exterior walls are not more than
three (3) feet above the floor of such a story.
Street: A public or private thoroughfare which affords a primary means
of access to abutting property.
Structure: Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attachment to something
having a permanent location on the ground.
Structural Alteration: Any change in the supporting members of a building
such as bearing walls, columns, beams, or girders, floor joists or roof
joists.
Tourist Automobile Camp: One or more detached or semi-detached buildings
containing guest rooms and/or apartments with automobile storage or parking
space in connection therewith, including grocery or general merchandise
stores conducted in connection with such camp, and designed chiefly for
the use and convenience of the traveling public, and/or land used for
camping purposes by automobile transients.
Yard: An open space on the same lot with a building, unoccupied and
unobstructed from the ground upward, except as otherwise provided herein.
Yard, Front: A yard extending across the width of the lot and measured
from the front line of the lot to the nearest line of the building.
Yard, Side: A yard on each side of the building between the building
and the side line of the lot and extending from the front yard to the
rear yard.
Section 4. GENERAL PROVISIONS
4.01 APPLICATION OF THIS ORDINANCE
(A) In their interpretation and application, the provisions of this
Ordinance shall be held to be the minimum requirements for the
promotion of the public health, safety, morals, and welfare.
(B) Where the conditions imposed by any provision of this Ordinance
are either more restrictive or less restrictive than comparable
conditions imposed by any other law, ordinance, statute, reso-
lution, or regulation of any kind, the regulations which are more
restrictive, or which impose higher standards or requirements
shall prevail.
(C) Except as in this Ordinance specifically provided, no structure
shall be erected, converted, enlarged, reconstructed or altered,
and no structure or land shall be used, for any purpose nor in
any manner which is not in conformity with this Ordinance.
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(D) When land is proposed to be annexted to Lino Lakes the Planning
Commission shall hold a public hearing upon the permanent zoning
of said land. The results of the hearing, along with a recommend-
ation, shall be presented to the Village Council. In the event of
annexation proceedings becoming final before the permanent zoning
is determined, the annexed area shall be placed in the most restric-
tive district and such classification shall be considered as an
interim step pending permanent classification.
4.02 SEPARABILITY
It is hereby declared to be the intention that the several provisions of
this Ordinance are separable in accordance with the following:
(A) If any court of competent jurisdiction shall adjudge any provision
of this Ordinance to be invalid, such judgment shall not affect any
other provision of this Ordinance not specifically included in said
judgment.
(B) If any court of competent jurisdiction shall adjudge invalid the
application of any provision of this Ordinance to a particular
property, building, or structure, such judgment shall not affect
other property, buildings or structures.
4.03 NON-CONFORMING USES AND STRUCTURES
(A) Any structure or use lawfully existing upon the effective date of
this Ordinance may be continued at the size and in a manner of
operation existing upon such date except as hereinafter specified.
(B) No structural alterations shall be made.
(C) Nothing in this Ordinance shall prevent the placing of a structure
in safe condition when said structure is declared unsafe by the
Village Building Inspector or his representatives.
(D) When any lawful non-conforming use of any structure or land in
any district has been changed to a conforming use, it shall not
thereafter be changed to any non-conforming use.
(E) Whenever a non-conforming structure shall have been damaged by
fire, flood, explosion, earthquake, war, riot, or act of God, it
may be reconstructed and used as before if it be reconstructed
within twelve (12) months after such calamity, unless the damage
to the structure is fifty percent (50) or more of its fair market
value, (as estimated by VillageCouncil or its representative)
in which case the reconstruction shall be for a use in accordance
with the provisions of this Ordinance.
(F) Whenever a lawful, non-conforming use of a building or structure
or land is discontinued for a period of one (1) year any future use
of said building or structure or land shall be in conformity with
the provisions of this Ordinance.
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(G) Any non-conforming open use of land lawfully existing upon the
effective date of this Ordinance may be continued for a period of
three (3) years after the effective date of this Ordinance, where-
upon such non-conforming use shall cease.
(H) Normal maintenance of a building or other structure containing or
related to a non-conforming use is permitted, including necessary
non-structural repairs and incidental alterations which do not ex-
tend or intensify the non-conforming use.
(I) A lawful non-conforming use may be changed only to a use of the
same or more restricted classification.
(J) Alterations may be made to a structure containing non-conforming
residential units when they will improve the livability thereof,
provided they will not increase the number of dwelling units or
expend the existing bulk of structure.
4.04 LOT PROVISIONS
(A) A lot or parcel of land for which a deed or contract for deed has
been recorded in the office of the Anoka County Register of Deeds
upon or prior to, the effective date of this Ordinance shall be
deemed a buildable lot provided it has frontage on a public right-
of-way and said space requirements for the district in which it is
located can be maintained or adjusted to conform as follows: a
lot or parcel of land of record upon the effective date of this
Ordinance which is a Residential District and which does not meet
the requirements of this Ordinance as to area, width, or other
open space, may be utilized for single family detached dwelling
purposes provided the measurements of such area, width or yard
space are within sixty percent (60%) of the requirements of this
Ordinance; but said lot or parcel shall not be more intensively
developed.
(B) Except in Planned Unit Developments there shall be no more than
one (1) principal building on one lot in all residence districts.
(C) An access drive to every principal building shall be provided and
constructed according to minimum standards of the Village when
such building is 300' or more from a thoroughfare or street.
(D) Access to any street shown on the Adopted Major Thoroughfare
Plan shall require a special use permit as provided for in this
Ordinance.
4.05 ACCESSORY BUILDING AND STRUCTURES
(A) No accessory building or use shall be constructed or developed on
a lot prior to the time of construction of .the principal building
to which it is accessory.
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(B) An accessory building shall be considered as an integral part of
the principal building if it is located less than six (6) feet from
the principal building.
(C) No accessory building in a residential district shall exceed the
height of the principal building except subject to Section 4.07 (F) .
(D) Where the natural grade of a lot at the building line is eight (8)
feet or more above the established curb level, a private garage
may be erected within any yard provided one-half or more of its
height is below grade level and it is not located less than ten
(10) feet from any street line.
(E) When a private garage is oriented so as to face onto a public
right-of-way it shall not be less than thirty (30) feet from the lot
line.
(F) Accessory buildings in the Residential District may be located
within five (5) feet of the side lot line and eight feet of the rear
lot line.
(G) Houseboats are to be considered accessory structures for purposes
of applying this Ordinance. Any object that floats which has
sleeping accommodations and facilities for preparing food shall be
defined as a houseboat. All houseboats which are to be docked or
moored within the Village limits for a period of six (6) days or
more shall require an annual conditional use permit. Said permit
shall show the owner, owner's address, boat license number, whether
the boat is to be used as a seasonal residence and if so, for what
period of time during the year, type of sanitary sewage facility,
water supply, and plot plan showing method of access to public road.
Each houseboat shall have one off-street parking space within four
hundred (400) feet of the access to the docking of such houseboat.
No houseboat shall be used as a permanent residence and further,
that utilities including sanitary sewer, water, electricity, and
phone shall not be extended to the houseboat.
(H) Accessory buildings in the "Business" and "Industry" Districts
shall not be closer than 10 feet from side and rear lot lines sub-
ject to provisions for abutting residential zone provided herein.
(I) No detached garages or other accessory building shall be located
nearer the front lot line than the principal building on that lot
except as provided in (D) of this section.
(J) No accessory building in a commercial or industrial district
shall exceed the height of the principal building except by special
use permit.
(K) An accessory building may be located within the rear yard setback
provided that the lot is not a through lot and said accessory building
does not occupy more than 25% of a required rear yard.
(L) A private garage in a residential district shall not be utilized for
business service or industry. Further, that not more than one-half
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of the space may be rented for the private vehicles of persons not
resident on the premises, except that all the space in a garage of
one or two car capacity may be so rented. Such garage shall not be
used for more than one commercial vehicle. The gross weight of
such commercial vehicle shall not exceed 7,000 pounds gross weight.
4.06 REQUIRED YARDS AND OPEN SPACE
(A) No yard or other open space shall be reduced in area or dimension
so as to make such yard or other open space less than the minimum
required by this Ordinance, and if the existing yard or other open
space as existing is less than the minimum required, it shall not
be further reduced.
(B) No required yard or other open space allocated to a building or
dwelling group shall be used to satisfy minimum lot area require-
ments for any other building.
4.07 PERMITTED ENCROACHMENTS
The following shall not be considered as encroachments on setbacks and
height requirements subject to other conditions hereinafter provided:
(A) In any yards: Posts, off-street open parking spaces, flues, belt
course, leaders, sills, pilasters, lintels, cornices, eaves, gutters,
awnings, open terraces, service station pump islands, open canopies ,
steps, chimneys, flag
p y g poles, ornamental features, open fire escapes,
sidewalks, and fences, except as hereinafter amended.
(B) In side and rear yards: Fences 30 per cent open, walls and hedges
six feet in height or less, bays not to exceed a depth of three (3)
feet or contain an area of more than thirty (30) square feet, fire
escapes not to exceed a width of three (3) feet; balconies eight (8)
feet above grade may extend into the yards to within five (5) feet
of a lot line provided said balconies do not extend over driveways.
Breezeways, detached outdoor picnic shelters, open arbors, trellises
and detached outdoor living rooms may extend to within five (5)
feet of a side or rear lot line except that no such structures shall
exceed five hundred (500) square feet. Covered porches may extend
twenty (20) feet into the rear yard but not closer than ten (10)
feet from the rear lot line.
(C) On a corner lot, nothing shall be placed or allowed to grow in such
a manner as materially to impede vision between a height of two and
one-half feet and ten feet above the centerline grades of the inter-
secting right-of-way lines.
(D) In no event shall off-street parking space, structures of any type,
buildings, or other features cover more than 75% of the lot area
resulting in less than 25% landscaped area in Residential Districts.
(E) In rear yards: Recreational and Laundry drying equipment, picnic
tables, detached outdoor living rooms, and outdoor eating facilities,
provided these are not less than five (5) feet from any lot line.
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(F) Height limitations shall not apply to barns, silos, and other struc-
tures on farms, to church spires, belfries, cupolas and domes,
/004� monuments, chimneys and smokestacks, flag poles, public and private
utility facilities, transmission towers of commercial and private
radio broadcasting stations, television antennae, and parapet walls
extending not more than four feet above the limiting height of the
building except as hereinafter provided.
(G) In any yards: Terraces, steps, exposed ramps (wheelchair) , un-
covered porches, stoops, or similar features provided they do not
extend above the height of the ground floor level of the principal
structure or to a distance less than five (5) feet from any lot line
nor less than one (1) foot from any existing or proposed access drive.
Yard lights and name plate signs in Residential Districts, trees,
shrubs, plants, floodlights, or other sources of light illuminating
authorized illuminated signs, or light standards for illuminating
parking areas, loading areas or yards for safety and security reasons,
provided the direct source of light is not visible from the public
right-of-way or adjacent residential property.
4.08 FARMING OPERATIONS
All farms in existence upon the effective date of this Ordinance and all
farms which are brought into the Village by annexation shall be a per-
mitted use. All dwelling units and structures for processing of farm
goods shall require a building permit and conform to all requirements of
the building code. The Village_ Counci]may require any new farm operation :
to secure a Special Use-Permit- in_ the event of the following:
(A) The farm is adjacent to or within 400 feet of any dwelling unit and
may be detrimental to living conditions by emitting noise, odors ,
vibrations,hazards to safety, and the like.
(B) The farming operations are so intensive as to constitute an in-
dustrial type use consisting of the compounding, processing, and
packaging of products for wholesale or retail trade and further
that such operations may tend to become a permanent industrial
type operation that cannot be terminated as can a normal farming
operation.
4.09 VACATED STREETS
Whenever any street, alley, easement, or public way is vacated by
official action the zoning district abutting the centerline of the said
vacated area shall not be affected by such proceeding.
4.10 PLATTING
All buildings hereafter erected upon unplatted land shall be so placed
-� that they will not obstruct proper street extensions or other features of
proper subdivision and land planning. Any lot or lots of five acres or
less, or less than 300 feet in width, created by any means for purposes
of erecting a structure must be as approved by the Village Council. The
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plan for such subdivision shall be reviewed by the Planning Commission
which shall submit a report to the Village Council.
4.11 DWELLING UNITS PROHIBITED
No cellar, garage, tent, travel trailer, basement with unfinished struc-
ture above, or accessory building shall at any time be used as a dwelling
unit. Mobile homes shall be located in a mobile home park approved by
the Village, the State of Minnesota, and in accordance with Section 6
(R-6) .
4.12 RELOCATED STRUCTURES
Before any house or other structure is moved onto a vacant lot, the
Planning Commission shall report to theVillage Council whether the
structure will be compatible with other development in the area, and
conform to all Village codes and ordinances. If the Village Council
concurs with the decision of the Planning Commission that a structure
would depreciate the area into which it is to be moved, it may withhold
issuance of a permit for such relocation.
The applicant shall submit photographs taken from two or more angles
of the structure to be moved and photos of the lot on which the struc-
ture is to be located together with adjacent lots and structures . These
requirements do not apply to construction sheds or other temporary
structures to be located on a lot for 18 months or less.
4.13 FRONT SETBACKS
In a R-1, R-2, R-3 or greater district where adjoining principal build-
ings existing at the time of adoption of this ordinance have a lesser set-
back from that required, the required front yard of a new structure
shall not be less than the average front yard of the buildings on each
side lot for 400 feet and in no case shall be less than twenty (20) feet.
4.14 SIDE AND REAR SETBACKS
In the R-3 or greater, all "B" Districts and all "I" Districts, the side
and rear setback requirements may be excluded provided party walls are
used; party wall being defined as a wall which divides two adjoining
properties and in which each of the owners of the adjoining properties
has rights of enjoyment. Such exclusionrom side and rear setbacks
shall be permitted only after issuance of a special use permit.
4.15 SETBACKS ADJACENT TO RESIDENTIAL AREAS
Where a business district is adjacent to a residential district, the mini-
mum building setback from the lot line shall be thirty-five (35) feet.
In the case of industrial districts, such minimum setback shall be
seventy-five (75) feet.
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4.16 SETBACKS ALONG THOROUGHFARES
Along streets designated as "thoroughfare" in the Adopted Comprehensive
Plan, the minimum setback from the thoroughfare for all buildings shall
be forty (40) feet from the planned right-of-way line. Where the right-
of-way width has not been established on the Thoroughfare Plan a one
hundred (100) foot minimum setback from the center line of all existing
thoroughfares shall be required except in cases where the existing 1i
right-of-way exceeds sixty (60) feet, in which case a setback of forty
(40) feet shall be maintained from the right-of-way line.
4.17 HEIGHT
The height of structures used for churches, schools, multiple and simi-
lar uses may extend to 45 feet in residential districts with non-occupancy
structures of greater height requiring a special use permit. The required
setback from any residential lot shall be at least equal to the height,
and the distance between any two detached principal buildings shall be
no less than one-half (�) the sum of the heights of the two structures ,
except that any structure exceeding 45 feet in height shall require a
special use permit in all districts.
4.18 FENCES AND WALLS
Fences shall be permitted in all yards subject to the following:
(A) Solid walls in excess of 42 inches in height shall be prohibited.
(B) Fences in residential districts may be located in any yard to a
height of three and one-half (3�) feet, except that a fence up to
six (6) feet in height may be erected on the lot line from the
nearest rear corner of the principal building.
(C) Should the rear lot line of a lot be common with the side lot line
of an abutting lot, that portion of the rear lot line equal to the
required front yard of the abutting lot shall not be fenced to a
height of more than three and one-half (311) feet.
(D) Fences located within eight feet or more from the rear lot line
may be up to eight (8) feet in height.
(E) Fences in Business and Industrial Districts may be erected on the
lot line to a height of six (6) -feet; to a height of eight (8)=.feet
with a security arm for barbed wire subject to conditional use permit.
(F) Fences shall be at least 30% open (space for the passage of air
and/or light) .
(G) Prior to issuance of a building permit for any boundary line fence,
abutting property owners shall be notified.
(H) That side of the fence considered to be the face (facing as applied
to fence posts) shall face abutting property.
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(I) Fences which are 90% open (barb wire, cyclone woven wire, and
other similar type fences) which are for the sole purpose of con-
taining non-domestic animals are not subject to the provisions of
this Ordinance and do not require a building permit.
4.19 HOME OCCUPATIONS
Home occupation uses may include professional offices, minor repair
services , photo or art studio, dressmaking, or teaching limited to
three (3) students at any one time and similar uses; however, a home
occupation shall not be interpreted to include barber shops, beauty
shops, tourist homes, restaurarkts, or similar uses . Home occupations
which create a need for more than three parking spaces at any given
time in addition to the parking spaces required by the occupants shall
not be permitted. Hoare occupations shall not be permitted in any
accessory building.
4.20 EXTERIOR STORAGE
In all districts, the Village Councilmay order the owner of any property
to apply for a special use permit to conduct an open storage use includ-
ing existing uses, provided it is found that said use constitutes a threat
to the public health, safety, convenience, morals, or general welfare.
4.21 LAKE FRONTAGE LOTS
All lots having frontage on a lake shall be governed in the following
manner:
(A) No principal building shall be located within seventy-five (75)
feet of the normal waterline nor within twenty-five (25) feet of
the ordinary high water line; said lines shall be as established
by the village engineer referenced to sea level datum by means
of a permanent bench mark.
(B) Waterfront uses shall be maintained in a safe, orderly, and effi-
cient manner that presents a good appearance from the water; the
Village Council may require lakeshore lot to secure a special use
permit if deemed necessary to protect lake frontage from adverse
conditions affecting the public.
(C) To the extent feasible and practicable, shorelines shall be maintained
so as to present a natural or landscaped appearance.
4.22 STREAM LOTS
All lots which are adjacent to a drainage way (flowing stream that flows
on an average of at least 30 continuous days the average year) shall be
subject to flood plain zoning. In any event, theVillage Council may
require added building setback from the stream and may also require
dedication of a drainage easement. If additional land is desired for
public access, a building permit' shall not be issued for at least 90
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days during which time a public body may act to secure the necessary land.
4.23 AREAS WITHOUT SANITARY SEWER
In areas without public water and sanitary sewer, single and two-family
homes shall have a minumum lot area of one (1) acre; smaller lots may
be permitted by the Village Councilonly if it can be demonstrated by
percolation tests or other means that said smaller lots will not result
in ground water, soil, or other contamination which might endanger the
public health; likewise, larger lots may be required on the basis of
percolation or other tests.
Non-residential land uses may be permitted in areas without sanitary
sewer only if a special use permit is issued; said special use permit
shall not be granted if the Village Councildetermines that a satisfac-
tory waste disposal method and system is not available.
4.24 QUASI-PUBLIC STRUCTURES
No quasi-public structure shall be located within the public right-of-
way except by permit issued by the Village Council,such structure
shall include but not be limited to trash containers, bicycle racks ,
benches, planting boxes, awnings, flag poles, light standards, stairs,
stoops, light wells, loading wells, signs, and others.
Section 5. ADMINISTRATION
5.01 AMENDMENTS
In accordance with the provisions of Minnesota statutes, the Village
Council may from time to time, adopt amendments. Amendments may be
initiated to the text by Council, Planning Commission, property owner,
or resident. All proposed amendments shall be referred to the
Planning Commission prior to adoption. The Planning Commission or
Council shall hold a public hearing on the proposed amendment.
5.02 REZONINGS
The procedure forchanging zoning district boundaries (rezoning) shall
be as follows:
(A) The Planning Commission, the Village Counci3, or property owner may
initiate a rezoning. Persons wishing to initiate a rezoning of
property shall fill out a "Zoning Form". The zoning form shall be
accompanied by a fee as required in Ordinance No. 52 to be used for
the costs of processing the application. The zoning form shall be
filed with the village clerk.
(B) Property owners or occupants within 300 feet of the property in
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question shall be notified in writing, although f ailure by any
property owner to receive such notification shall not invalidate
the proceedings. Notification shall be by registere d mail.
(C) A public hearing on the rezoning application may be held by the
Planning Commission or Council at its first regular meeting after
the rezoning request has been received.
(D) The Planning Commission may make its report to the Village Council
on or before the next regular meeting of the Village Council
following the date of the hearing.
(E) TheVillage Council must take action on the application within
60 days following referral by the Planning Commission. The person
making the application shall be notified of the action taken.
Such action may consist of approval, denial, or referral back to
the Planning Commission.
(F) No application for rezoning which has been denied wholly or in
part shall be resubmitted for a period of twelve (12) months from
the date of said order of denial.
5.03 REQUIREMENTS FOR CONSIDERATION
Prior to the consideration of any proposal to build or rezone in any
category other than Agricultural (A) , single family (R-1) , and duplex
residences (R-2) , the following data must be furnished to the Village:
(A) Site and Building Plans
1. Details of the proposed site development on topographical
survey, including existing and proposed topography (Minimum
scale shall be 1" = 50'-0" preferred plus a filmed depiction
of existing site conditions) location of all buildings, recre-
ation areas, driveways, parking spaces, dimensions of the
parking spaces, dimensions of the lot area and minimum set-
backs drawn in and clearly defined.
2. Plans for proposed sidewalks to service parking, recreation
and service areas within the proposed development at same
scale as (A) 1. above.
3. Suggested plans for proposed storm water drainage system
sufficient to drain and dispose of all surface water accumu-
lation within the area, indication of sanitary sewer, water,
gas, electric, etc. , easements, and written notification that
they have been reviewed by the Village Engineer for feasibil-
ity purposes.
4. Landscape plans including species, size of trees and shrubs
proposed plus budget allowance at same scale as (A) 1. above .
5. Preliminary architectural plans for the proposed buildings
complete with exterior wall finishes. These plans shall also
indicate unit sizes, ratios of dwelling units to total lot size
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and parking spaces.
6. Ten (10) sets of plans shall be submitted to the Village Clerk-
Treasurer at least ten (10) calendar days prior to a Board of
Zoning meeting for the purpose of distributing the plans to the
Village Engineer, Planning Consultant, and Board of Zoning
members so they may review the plans and site, if not known to
them, prior to the first meeting.
7. Any additional information which may be requested by the
Village Council or Board of Zoning due to conditions peculiar
to any particular site.
(B) Certification of Plans Required
1. All buildings and site plans shall be designed and certified by
a registered architect or engineer. The site plans may be
prepared by a professional site planner but a registered archi-
tect must verify that he has personally reviewed the site and
designed the proposed buildings in accordance with the site
plans, the terrain and neighboring conditions, and in accord-
ance with the Building Code, as adopted and amended by the
Village of Lino Lakes.
5.04 SPECIAL (CONDITIONAL) USES GENERAL STATEMENT
(A) Special Use Permits may be granted or denied in any district by
action of the Village Council. In granting a special use permit the
Village Councils all consider the advice and recommendations of the
Planning Commission and the effect of the proposed use upon the
health, safety, morals, convenience, and general welfare of occupants
of surrounding lands, existing and anticipated traffic conditions
including parking facilities on adjacent streets and land; the effect
on utility and school capacities, the effect on property values of
property in the surrounding area, and the effect of the proposed use
on the Comprehensive Plan. If it shall determine that the proposed
use will not be detrimental to the health, safety, convenience, morals,
or general welfare of the community nor will cause serious traffic
congestion nor hazards, nor will seriously depreciate surrounding
property values, and that said use is in harmony with the general
purpose and intent of this Ordinance and the comprehensive plan, the
Village Council may grant such permits .
The village clerk shall maintain a record of all special use permits
issued including information on the use, location, conditions imposed
by theVillage Council, time limits, review dates, and such other
information as may be appropriate.
Any change involving structural alteration, enlargement, intensifi-
cation of use, or similar change not specifically permitted by the
special use permit issued shall require an amended special use permit
and all procedures shall apply as if a new permit were being issued.
All uses existing at the time of adoption of this ordinance and auto-
matically granted a special use permit shall be considered as having
a special use permit which contains conditions which permits the land
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use and structures as they existed on said date and any enlargement,
structural alteration, or intensification of use shall require an
100
1 amended special use permit as provided for above.
Certain uses, while generally not suitable in a particular zoning
district, may, under some circumstances be suitable. When such
circumstances exist, a special use permit may be granted. Conditions
may be applied to issuance of the permit and a periodic review of the
permit may be required. The permit shall be granted for a particular
use and not for a particular person or firm. The cancellation of a
special use permit shall be considered administratively equivalent to
a rezoning, and the same requirements and procedures shall apply.
(B) Procedure
1. The person applying for a special use permit shall fill out and
submit to the Clerk a "Zoning Form" together with a fee as required
in Ordinance No. 52 and all related material as requested in
Section 5.03.
2. The Clerk shall refer the application to the Planning Commission.
Property owners within 300 feet of the property in question shall
be notified, although failure of any property owner to receive
such notification shall not invalidate the proceedings.
3. The Planning Commission shall consider the petition at its next
regular meeting, but not earlier than ten days from date of sub-
mission to the Planning Commission and in accordance with
Section 5.03.
4. The petitioner or his representative shall appear before the
Planning Commission in order to answer questions concerning
the proposed special use.
5. The report of the Planning Commission shall be placed on the
agenda of theVillage Council at its next regular meeting following
referral from the Planning Commission but not later than 90 days
after the applicant has submitted the application.
6. TheVillage Council must take action on the application within 60
days after receiving the report of the Planning Commission. If
it grants the special use permit the Village Council may impose
conditions (including time limits) it considers necessary to
protect the public health, safety and welfare, and such conditions
may include a time limit for the use to exist or operate.
7. An amended special use permit application shall be administered
in a manner similar to that required for a new special use permit
except that the fee shall be five dollars ($5.00) ; amended
special use permits shall include re-applications for permits
that have been denied, requests for changes in conditions, and
as otherwise described in this ordinance.
,-� 8. No application for a special use permit shall be re-submitted for
a period of twelve (12) months from the date of said order of denial.
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9. If a time limit or periodic review is included as a condition by
which a special use permit is granted, the special use permit
�.y shall be reviewed at a public hearing with notice of said hearing
published at least ten (10) days prior to the review; it shall
be the responsibility of the Clerk to schedule such public hear-
ings and the owner of land having a special use permit shall not
be required to pay a fee for said review.
5.05 VARIANCES AND APPEALS
Where there are practical difficulties or unnecessary hardships in any
way of carrying out the strict letter of the provisions of this ordinance,
an appeal may be made and a variance may be granted. The hardships or
difficulties must have to do with the characteristics of the land and
not the property owner. The procedure for granting variances is as
follows:
(A) A person desiring a variance shall fill out and submit to the Clerk
a "Zoning Form" , together with a fee as required in Ordinance No. 52
and all related material as requested in Section 5.03.
(B) The application shall be referred to the Planning Commission which
shall submit a report to the Village Council. _
(C) The petitioner shall appear before the Planning Commission in order
to answer questions.
(D) The Village Councilmay grant the variance if it finds that a hard-
ship has been created by the shape or condition of the parcel in
question, granting the variance is necessary to the reasonable use
of the land and granting the variance will not adversely affect the
existing or potential use of adjacent land.
Section 6. DISTRICT PROVISIONS
6.01 DISTRICTS
The zoning districts are so designed as to assist in carrying out the
intents and purposes of the Comprehensive Plan and to control residential
densities in such a manner as to adequately provide public services and
utilities. The zoning districts are based upon the Comprehensive Plan
which has the purpose of protecting the public health, safety, conven-
ience, and general welfare by controlling the needs for public utilities,
protecting against traffic congestion and accident hazards, protecting
the public health from adverse influences generated by non-residential
uses, protecting against the danger of fire conflagration, and other
purposes of a similar nature.
For the purposes of this Ordinance the Village of Lino Lakes is hereby
divided into the following Zoning Districts.
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Symbol Name
A Agriculture
RESIDENTIAL
R-1 Single-Family Residence
(Low Density)
R-2 Duplex-Family Residence
(Low Density)
R-3 Multiple-Family Residence
(3 or more Apartments up to 24 Units)
R-4 Multiple-Family Residence
(24 or more Apartment Units)
R-5 Multiple-Family Residence
(Townhouse)
P.U.D. Planned Unit Development
R-6 Multiple-Family Residence
(Mobile Home)
COMMERCIAL
GB General Business
LB Limited Business
SC Shopping Center
INDUSTRIAL
LI Light Industry
HI Heavy Industry
PUBLIC
PSP Public & Semi-Public
6.02 AGRICULTURAL "A" DISTRICT
This district is designed and intended to aid in guiding development
toward fulfillment of the Comprehensive Plan and to serve the follow-
ing functions:
To preserve productive land for agricultural use.
r� To maintain "open space" within and near to urban areas.
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To help guide development of urban and rural areas along an
orderly design to preserve continuity and efficiency of service.
To provide a method by which the urban farm can be guided so as
to control urban sprawl and still conserve land in an economic
status until such time as the need is present for an amendment
to the Comprehensive Plan.
To reduce the possibilities of rural-urban conflicts in estab-
lishing types and levels of service, methods of financing the
services and needs. (To maintain an acceptable per capita cost
for such services as sanitary sewer, water, police, fire, road
maintenance, school transportation, and others is a necessity.)
The minimum land area for any (A) District shall have at least
five (5) acres of land and the minimum lot width at the street
shall be at least three hundred (300) feet.
Permitted Uses-In an Agricultural (A) District, no building or land
shall be used or divided and no building shall be erected, converted,
or structurally altered, unless otherwise provided herein, except for
one or more of the following uses:
(A) Any use permitted in the R-1 Residence District.
(B) General Farming, gardening or sod farms.
(C) Commercial greenhouses and nurseries.
(D) Permanent stands for the sale of agricultural products produced
on the premises. (These stands are to be constructed according
to set-back rules and regulations.)
(E) Stock raising and dairying. (Hog raising and handling shall be
in accordance with rules and regulations established by the
Village Council.
(F) Golf Courses.
(G) Airports, cemeteries, wild game farms, and gun clubs, any of
which shall require a special use permit to be issued by the
Village Council.
6.03 RESIDENTIAL DISTRICTS
These districts are designed and intended to aid in guiding development
towards fulfillment of the Comprehensive Plan and to serve the follow-
ing functions:;
To provide within the community a variety of lot sizes.
To provide a choice of physical sites on which to develop a home-
101 stead and thus to permit individuals to have a choice as to density
desired.
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To permit the community to plan and develop areas with appropriate
service facilities at a scale commensurate with the anticipated
^, population.
To aid orderly development.
To help in maintaining property values.
To commit the land in such proportions as to provide reasonable
residential development areas.
6.04 SINGLE FAMILY (R-1) DISTRICT
This district is intended to provide a residential atmosphere for those
persons desiring a single-family neighborhood with a suburban density.
The area may be transitional ones set aside for various lot sizes to
assure a wide selection of building sites and re-sub-division at a later
date. A density as proposed may permit the economical installation
of sewer and water at a later date.
Permitted Uses-In this R-1, Residence District, no building or land
shall be used, and no building shall be erected, converted, or struc-
turally altered, unless otherwise provided herein, except for one or
more of the following uses:
(A) One-family dwellings, and their accessory buildings, provided
that there shall not be any plant nurseries or greenhouses,
farms or truck gardens, retail stands for the display of or sale
of agricultural products nor any other commercial structure.
Also, there shall not be any stock raising, dairying, keeping or
handling of hogs, poultry, or animals causing a nuisance. Nor
shall any commercial vehicle or heavy equipment be parked or stored
on the premises unless such vehicle is parked or stored in the
residential garage.
(B) Public parks, playgrounds, and golf courses.
(C) Churches, public, parochial, and private schools, (or other
schools by special permit from the lawful governing body)including
nameplates and signs, pertaining to the same, placed in accordance
with setback rules and regulations as defined in Sign Ordinance.
(D) Offices of professional persons when located in the dwelling of
that professional person or persons, and when authorized by the
Village Council.
(E) Art studio, photography studio or other artistic pursuits con-
ducted in the residence or accessory building, but only upon the
securing of a permit to be issued by the Village Council.
Height Regulations-No building shall be erected or structurally altered
to exceed 30 feet, or 21 stories in height except structures mentioned
in paragraph (C) above.
Area Regulations very building designed and erected for the housing of
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one family, together with its accessory buildings, shall be located on a
building site of not less than 11,250 square feet in area. The width of
the lot at the street shall not be less than 75 feet. No existing lot
shall be subdivided unless all the resulting lots comply in size with the
provisions hereof.
Front Yard Requirements-Each lot shall be a front yard of not less than
thirty (30) feet in depth facing any street or road. If at the time this
ordinance becomes effective 50 percent or more of the then existing
dwellings having frontages on the same street or road have a predominant
front yard setback different from that specified herein, then all buildings
thereafter erected, altered or moved shall conform to that predominant
front yard depth as a minimum, unless a different setback is approved in
writing by not less than fifty-one percent (51%) of all of the owners of
the then existing buildings within two hundred (200) feet of the proposed
building location.
Side Yard Requirements-Each lot shall have two side yards, one on each
side of the building. For every building erected or structurally altered,
each side yard shall have a width of not less than ten (10) feet. "Side
yard" shall mean the distance from the side lot line to the nearest por-
tion of the building. The foregoing requirement for side yards shall be
subject to the following modifications:
(A) On a corner lot, the side yard on the street side of such corner
lot shall have a width of not less than thirty (30) feet.
(B) A church, public, parochial, or private school shall have a side
yard of not less than fifty (50) feet on each side adjoining other
property.
(C) When two or more adjoining lots are used as a single building site
the side yard requirements shall apply only to the outside lot lines.
Rear Yard Requirements-
(A) The rear yard for each lot shall have a depth equal to, or greater
than, twenty percent (20%) of the depth of the lot.
(B) The setback for dwelling accessory buildings shall not be less
than five (5) feet from the rear lot line where no alleys are
plotted and not less than four (4) feet where alleys are plotted.
(C) Where a garage is located in the rear of the lot, not less than
twenty (20) feet behind the dwelling, such garage may be built so
that no portion thereof is less than five (5) feet from the side
lot line, except that on a corner lot a thirty (30) foot setback
from the street shall be the minimum.
6.05 DUPLEX FAMILY (R-2) DISTRICT
This district is intended to provide a residential atmosphere for those
persons desiring a duplex-family neighborhood with a more urban, but
limited, density. A density as proposed may permit the economical
installation of sewer and water at a later date.
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Permitted Uses-In the R-2 Residence District, no building or land shall
be used, and no building shall be erected, converted, or structurally
altered, unless otherwise provided herein, except for one or more of
the following uses:
(A) Any use permitted in R-1, Residence District (Single Dwelling)
and no other.
(B) Double dwellings, either one or two stories, double bungalows
with court or patio, each living quarter having a minimum of
eight hundred (800) square feet of floor area. Each must have a
private front and rear entrance. Duplexes must have a minimum
of sixteen hundred (1600) square feet of floor area.
Height Regulations-No duplex shall hereafter be erected or structurally
altered hereafter to exceed thirty (30) feet in height measured from
the front or street side grade of the site. Other buildings under this
classification are limited to the same height of thirty (30) feet unless
variation is authorized by the Council.
Area Regulations-No duplex or double bungalow shall be built or struc-
turally altered hereafter on a site less than fifteen thousand (15,000)
square feet in area. The width of the lot at the street shall not be less
than one hundred (100) feet. No existing lot shall be sub-divided unless
all of the resulting lots comply in size with the provisions hereof.
Front Yard Requirements-Each lot shall have a front yard of not less
than thirty (30) feet in depth facing any street or road. If, at the time
this ordinance becomes effective, fifty (50) percent or more of the then
existing dwellings having frontages on the same street or road have a
predominant front yard setback different from that specified herein,
then all buildings thereafter erected, altered, or moved shall conform
to that predominant front yard depth, unless a different setback is ap-
proved in writing by owners of not less than fifty-one (51) percent of
all the then existing buildings within two hundred (200) feet of the
proposed building location.
Side Yard Requirements-Each lot shall have two side yards, one on each
side of the building. For every building erected or structurally altered,
each side yard shall have a width of not less than ten (10) feet. The
foregoing requirements for side yards shall be subject to the following
modifications:
(A) On a corner lot the side yard on the street side of such corner
lot shall have a width of not less than thirty (30) feet.
(B) A church, public, parochial, or private school shall have a side
yard of not less than fifty (50) feet on each side adjoining other
property.
(C) When two or more adjoining lots are used as a single building
site the side yard requirements shall apply only to the outside
lot lines.
Rear Yard Requirements-
(A) The rear yard for each lot shall have a depth equal to or greater
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than twenty (20) percent of the depth of the lot.
(B) The setback for dwelling accessory buildings shall be not less
than five (5) feet from the rear lot line where no alleys are
plotted and not less than four (4) feet where alleys are plotted.
(C) Where a garage is located in the rear of the lot, not less than
twenty (20) feet behind the dwelling, such garage may be built so
that no portion thereof is less than one (1) foot from the side
lot line, except that on a corner lot a thirty (30) foot setback
from the street side shall be the minimum.
6.06 ALL MULTIPLE-FAMILY DISTRICT
This district is intended to provide a variety of settings for multiple-
family housing in areas which have good access to major thoroughfares,
are properly related to other uses and are accessible to major activity
centers, recreation areas, public transit and convenient shopping
facilities. No construction shall be permitted in this district without
public sanitary sewer and water.
Structure Land Coverage- The area covered by any structure, or
structures, shall not exceed 35% of the
total land area.
Green Area - At least 35% of the site area shall be
retained for and devoted to green grass,
open space, or landscaped area.
Permitted Uses-In all Multiple-Family district unless otherwise pro-
vided in this code, no building or land shall hereafter be erected, or
structurally altered except for one or more of the following uses:
(A) All uses permitted in R-1 and R-2, except single family dwellings,
duplexes or double bungalows unless specifically authorized by
the Village Council.
(B) Multiple dwellings as set forth in Sections R-3, R-4, R-5 and
P.U.D. , setting forth the classifications of such dwelling by size
and by type. Any privilege to conduct business in multiple dwell-
ing structures shall be limited to such business use as the Council
may authorize at the time of approval of construction plans and
specifications.
(C) Clubs, lodges, fraternity and sorority houses which do not offer
public accommodations.
(D) The following uses pursuant to special use permit granted by the
Council on application and hearing as provided in this code:
1. Hospitals, clinics, nursing homes and other buildings
used for treatment of human ailments.
2. Philanthropic and charitable institutions.
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3. Any other use enumerated or specified in Special Use Permits.
Certification of Plans Required in all Multiple-Family Districts.
(A) All buildings and site plans shall be designed and certified by a
registered architect or engineer. The site plans may be prepared
by a professional site planner but a registered architect must
verify that he has personally reviewed the site and designed the
proposed buildings in accordance with the site plans, the terrain
and neighboring conditions, and in accordance with the Building
Code, as adopted and amended by the Village of Lino Lakes .
(B) All structural, electrical and mechanical systems shall be de-
signed and certified by a registered engineer.
(C) The plans and specifications submitted to the Village Council
shall conform to the plans and specifications that were submitted
to the Village Planning Commission. Any variations from said plans
and specifications shall require prior approval of the Planning
Commission. A set of plans (stamped approved) shall be retained
by the Owner and Village for conformity to the approved submission.
(D) Any additional information which may be requested by the Village
Council or Planning Commission due to conditions peculiar to any
particular site.
Credits and Exceptions to Density Requirements-All Multiple-Family
structures are subject to density standards of land area per dwelling
unit as set forth in sections of this code relating to specific sizes and
types of such multiple dwelling structures. The following credits to
such density standards elsewhere set forth shall be allowed as follows:
(A) Underground Parking-The total required minimum land area for
any specific type or size of multiple dwelling may be decreased
by 300 square feet per dwelling unit for each parking space that
is provided under the principal use structure, or in some other
manner underground, which will thereby permit use of the grade
level outside the building, or above such underground space, for
other building, parking, open yard or recreation space.
(B) Open Space-The total minimum land area for any specific size or
type of multiple dwelling may be decreased by 100 square feet
where 35% of the entire site area is reserved in one area for
recreation space including swimming pool, tennis court, hard
surface or other play area, or for open land, water or ponding
areas subject to approval by the Village Council after considera-
tion by the Planning Commission.
(C) Landscaping-The total minimum land area requirement for any spec-
ific size or type of multiple dwelling structure may be decreased
by 100 square feet per dwelling unit where one (1) percent of the
dwelling unit construction cost (not including land cost) is al-
located to the planting of trees. This does not apply to sodding
or seeding of green areas.
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Exterior Wall Construction—
(A) All Multiple-Family units shall be designed and constructed to
have the equivalent of a front on each exterior surface.
(B) All accessory or ancillary buildings including garages, carports ,
shall be designed and constructed to have substantially the same
exterior surface as the principal use building.
Acoustical Controls-In all multiple-family units the following standards
of acoustical control shall apply:
(A) All plumbing serving each unit shall be separated from other
units by a room, closet, corridor or sound barrier.
(B) Party partitions and floor systems shall be of a type sufficient
to accomplish a loss in sound transmission of not less than 50
decibels determined by averaging the loss at frequencies of 125,
250, 350, 500, 700, 1000, 2000 and 4000 cycles. Corridor part-
itions shall be capable of accomplishing a loss in sound trans-
missions of not less than 45 decibels similarly determined.
Disposal of Refuse and Garbage-All refuse, rubbish and garbage con-
tainers shall be placed at the rear of the premises. In no event shall
such containers be placed next to the street or curb, nor shall they be
placed so as to interfere with use of adjoining property or cause a
nuisance or annoyance to adjoining property occupants. Such containers
shall be covered and contained so as to be inaccessible to insects,
vermin or animals and shall be screened so as not to be visible from
eye-level height.
Indoor Storage Space-A minimum of one hundred twenty (120) cubic feet
of miscellaneous storage space be made available for each dwelling
unit within the same building as such dwelling unit is located. Such
storage shall be in addition to the normal closet space that is in the
dwelling unit; however it may be in the dwelling unit itself is so
identified.
Certificate of Occupancy-Before any multiple dwelling building may be
occupied by tenants the Owner or contractor shall first obtain from the
Building Inspector of the Village a Certificate of Occupancy; and
such document shall certify that all requirements, specifications, special
treatments, screening, landscaping or any other pre-requisite ordered
or required by the Planning Commission and/or the Council have been
fully provided or complied with and that all work is complete. Any un-
authorized deviation or omission from Village approved plans shall
prevent the issuance of such certificate and thereby prevent the occupancy
of the structure or structures by any tenants or residents.
Sanitary Sewer Required-No multiple dwelling shall be built unless
sanitary sewer is available and the determination of availability shall
be made by the Village Engineer pursuant to demand requirement
available. This requirement may be waived if permission is granted
from the State of Minnesota and a Special Use Permit is issued by the
Village Council.
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6.07 MULTIPLE FAMILY (R-3) DISTRICT
All Multiple Units having 3 or more up to 24 units are designated as
R-3 Multiple Family Units and are required to conform to the provi-
sions of Sections 6.06, 6.07 and 7 of this code.
Density Requirements-Except as otherwise modified or specified by
terms of this Code or because of variances properly considered and
allowed, the building site for any R-3 multiple family unit shall consist
of an area of 15,000 square feet for the first unit plus the following
area for each additional unit.
Lot Area Lot Width Lot Depth
Efficiency Unit 1500 Sq. Ft. 125 Ft. 125 Ft.
One-Bedroom Unit 1500 Sq. Ft. 125 Ft. 125 Ft.
Two-Bedroom Unit 2000 Sq. Ft. 125 Ft. 125 Ft.
Three or More Bedroom Units-increase by 500 Ft. per Bedroom unit.
The minimum land area for any R-3 District shall have at least one (1)
acre of land and the minimum building lot width shall be at least one
hundred twenty-five (125) feet.
Floor Area-The minimum floor area for each multiple dwelling shall
have at least:
500 Square Feet per Efficiency Unit
650 Square Feet per One-Bedroom Unit
880 Square Feet per Two-Bedroom Unit
for each additional bedroom the floor space shall be increased by 150
square feet per unit.
Front Yard Requirement- Each multiple dwelling shall have a front yard
of not less than 30 feet in depth facing any road or street. This
setback shall apply to both streets sides where the building is located
on a corner lot.
Side and Rear Yard Requirements-The side and rear yard space shall
be no less than fifteen (15) feet for multiple dwelling units and no less
than five (5) feet for any parking space, garage, carport, swimming
pool or like structure.
Height Regulation-No multiple dwelling shall hereafter be erected or
structurally altered to exceed height of thirty-six (36) feet from grade
level measured from front or street side of such building.
Two or more Structures on One Site-Wheretwo or more multiple dwelling
structures are to be erected on a single site, the following special
requirements shall apply to such buildings thirty-six(36) feet in height
or less.
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C
Bld .
B
A
(A) No building shall be closer to the other building than twice
the vertical height of the tallest building up to a maximum
of seventy-two (72) feet measured from grade.
(B) No building shall be closer to the other building than thirty-
six (36) feet measured from grade. Where both building ele-
vations are windowless this requirement may be reduced by
one-third (1/3) .
(C) No building shall be closer to the other building than twenty
(20) feet measured from grade.
r� 6.08 MULTIPLE FAMILY (R-4) DISTRICT
All Multiple Units having more than 24 units within one structure are
designated as R-4 Multiple Unit and are required to conform to the
provisions of Sections 6.06, 6.08 and 7 of this code.
Density Requirements-Except as otherwise modified, or specified by
terms of this Code, or because of variances properly considered and
allowed, the building site for any R-4 multiple dwelling shall consist
of an area of 15,000 square feet for the first unit plus the following
area for each additional unit.
Lot Area Lot Width Lot Depth
Efficiency Unit 1500 Sq. Ft. 150 Ft. 150 Ft.
One-Bedroom Unit 1500 Sq. Ft. 150 Ft. 150 Ft.
Two-Bedroom Unit 2000 Sq. Ft. 150 Ft. 150 Ft.
Three or More Bedroom Units-increase by 500 feet per bedroom unit.
Minimum Floor Area-The minimum floor area for each multiple
dwelling shall have at least:
500 square feet per Efficiency Unit
650 square feet per One-Bedroom Unit
880 square feet per Two Bedroom Unit
for each additional bedroom the floor space shall be increased by 150
square feet per unit.
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Minimum Land Area-The minimum land area for any R-4 multiple
dwelling shall have at least two (2) acres and the building lot width at
the street shall have no less than one hundred fifty (150) feet.
Front and Side Yard Requirements-The front and side yard requirements
shall be the same as those set forth in Section 6.07, except that for
each foot of height increase above thirty-six (36) feet these setbacks
shall be increased by one (1) foot to a maximum of one hundred (100)
feet front yard setback and a maximum of seventy-five (75) feet side
yard setback, regardless of height.
Rear Yard Requirements-The rear yard setback shall be the same as
provided in Section 6.07 (R-3) except that for height above thirty-six
(36) feet the setback shall be treated the same as the side yard set-
back in paragraph above.
Height Regulation-No R-4 multiple unit shall hereafter be erected or
structurally altered to exceed a height of four (4) stories, or forty-
five (45) feet, whichever is greater, measured from front or street side
of such building, unless granted a special use permit by the Village
Council.
NOTE: Exception & Credit (High Rise)-The total minimum land area for
R-4 multiple dwelling structures may be decreased by one hundred (100)
square feet per dwelling unit for each story over three (3) in those
cases where a permit for three (3) or more stories is issued. In
order to qualify for this credit all floors must have elevator service.
If this credit when combined with others available in above three (3)
paragraphs of this section result in a reduction of yard or parking
space otherwise required by reason of the dimensions and number of
dwelling units in the structure, then this credit shall not be allowed.
Two or more Multiple Dwelling Structures on One Site-Where two or
more multiple dwelling structures are to be erected on a single site,
the following special requirements shall apply to such buildings exceed-
ing thirty-six (36) feet in height:
C
B
Bld .
B
C
A
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(A) No building shall be closer to the other building than twice
the vertical height of the tallest building up to a maximum
100111\ of one hundred (100) feet measured from grade.
(B) No building shall be closer to the other building than thirty-
six (36) feet and shall increase by one (1) foot for each two (2)
feet of height and shall not be required to exceed seventy-five
(75) feet of separation, measured from grade. Where both
building elevations are windowless this requirement may be
reduced by one-third. Example: 44' high buildings - B = 40'
of separation.
(C) No building shall be closer to the other building than twenty
(20) feet and shall increase by one (1) foot for each four (4)
feet of height in excess of thirty-six (36) feet and shall not be
required to exceed forty (40) feet of separation measured from
grade. Example: 44' high buildings - C = 22' of separation.
6.09 MULTIPLE FAMILY (R-5) DISTRICT
TOWNHOUSES-All multiple dwelling structures which contain three (3)
or more units contiguous to each other only by the sharing of one
common wall between two (2) units with each unit having a front and
rear entrance at grade are townhouses, and they are subject to the
provisions of Sections 6.06, 6.09 and 7, except as otherwise herein
provided.
Area and Fire Requirements-No townhouse structure shall be constructed
on an area of land less than 4000 square feet per dwelling unit; and
no more than eight (8) dwelling units shall be included in a single
structure with separation of each unit by at least a one-hour fire rated
material with every second dividing wall being constructed of at least
a 2 hour fire rated material that extends two (2)) feet above the roof
and two (2) feet out from the front and back walls.
Minimum land area for any R-5 District shall have at least one (1) acre
of land and the minimum building lot width at the street shall have no
less than one hundred fifty (150) feet.
Floor Area-No townhouse multiple dwelling structure shall have less
than 1150 square feet per dwelling unit for a two-bedroom unit, plus
150 square feet for each additional bedroom.
Common Use Area-Where more than one principal use structure is con-
structed on the same or contiguous lots, yard areas planned for common
use by occupants of all dwelling units may be counted in computing
required lot space per unit for townhouses.
Height Regulation-Height regulation set forth in Sections 6.07 and 6.08
apply to all townhouses unless varied by special use permit.
Front Yard Requirements-Similar to Sections 6.07 and 6.08 except this
shall refer to the total site development requirements and each dwelling
unit may be up to its particular property line with a garage, or carport
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abutting a private, not public road.
Side Yard Requirements
(A) Similar to Sections 6.07 and 6.08 except this shall refer to
the total site development requirements and each dwelling unit
shall have a required fire rated party wall.
(B) where two or more buildings of 8 units occur on one lot
the wide yards between buildings shall be a minimum of twenty
(20) feet apart.
Rear Yard Requirements
(A) Similar to Sections 6.07 (R-3) and 6.08 (R-4) .
(B) Where two or more buildings occur on one lot their combined total
rear yards shall be no less than fifty (50) feet from building to
building.
6.10= MULTIPLE FAMILY (P U D PLANNED UNIT DEVELOPMENT) DISTRICT
Planned Unit Development shall be a development having two (2) or
more principal uses or structures on a single parcel of land and may
include townhouse, apartment projects involving more than one build-
ing, multi-use structures such as an apartment building with retail at
ground-floor level, commercial, and similar projects. Such develop-
ments may be excluded from certain requirements of this ordinance
providing:
(A) In accordance with Section 5.03 (Ordinance 21-C) , a preliminary
plan in detail to permit appropriate evaluation of the design
concepts of the proposed project shall be submitted to the
planning commission which shall review the proposed approval of
the project. Any approval shall be preliminary and subject to
further approval of a complete detailed plan.
(B) A complete detailed plan shall be submitted to the planning com-
mission showing the location of all proposed structures, drive-
ways, landscaping, parking, screening, sidewalks, access drives,
land uses, and any other information requested by the commission
and as applied to Village Ordinance 21-C.
It is the intention of this Section to provide a means to allow flexibility
by substantial variances from the provisions of this ordinance, including
uses, setbacks, height, and other regulations. Variances may be granted
for Planned Unit Developments, provided certain regulations contained
in this Ordinance do not realistically apply to the proposed develop-
ment because of the unique nature of the proposed development.
Variances, if granted, should be fully consistent with the general intent
and purpose of this Ordinance; the Planned Unit Development would pro-
10"N duce urban development and an urban environment of equal or superior
quality to that which would result from strict adherence to the provisions
of this Ordinance; the variances will not constitute a threat to the
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property values, safety, health, or general welfare of the owners or
occupants of adjacent or nearby land nor be detrimental to the health,
safety, morals, or general welfare of the people; the proposed develop-
ment is of such a unique nature as to require consideration under con-
ditions of a Planned Unit Development; it shall be determined that the
variances are required for reasonable and practicable physical develop-
ment according to a plan and are not required solely on the basis of
financial considerations.
(A) The Village Council,upon review and recommendations of the
planning commission, shall find that the proposed development is
fully consistent with the purposes of this Ordinance.
(B) The development shall conform to the plan as filed with the
Village of Lino Lakes and any variations from the plan shall
require prior approval of the planning board.
6.11 MULTI-FAMILY (R-6) DISTRICT (Existing Ordinance 39A; 39; 6Q)
All mobile homes, trailer parks or similar units having one or more
units are designated as R-6 Multiple Units, and are required to conform
to the provisions of Sections 5.03, 6.06 as applicable, and 6.11 of
this code.
Definitions. Whenever used in this Ordinance, unless a different
meaning appears in the context.
A "trailer" or "mobile home" means an automobile trailer, trailer
coach or any vehicle or structure so designed and constructed in
in such manner as will permit occupancy thereof as living quarters
for one or more persons, and so designed that it is or may be
mounted on wheels and used as a conveyance on highways or streets,
propelled or drawn by its own or other motive power.
Minimum land area for any R-6 Mobile Home Park shall have at
least three (3) acres of land and the minimum building lot width
at the main entrance street shall have no less than three hundred
(300) feet.
Minimum size of each trailer is to be as follows:
(A) Ninety percent of the total parked trailers shall have a minimum
of 600 square feet of floor area (12' x 50' = 600 square feet) .
(B) Ten percent of the total parked trailers shall be a minimum of
45 feet in length and 10 feet in width, inside measurements (450
square feet) .
(C) The word "person" shall be construed to include persons, partner-
ship, firm, company, corporation, tenant, owner, lessee, or
licensee, their agents, heirs or assigns.
(D) The words "trailer camp" shall be construed to mean any site, lot,
field or tract of land upon which two or more occupied trailers are
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harbored, either free of charge or for revenue purposes, and shall
include any building, structure, tent, vehicle or enclosure used
or intended for use as part of the equipment of such trailer camp.
Fees. Each application shall be required to pay a fee of
$75.00 at the time that such application is filed with the
Village Clerk. This money shall be used by the Village to
defray the expense of processing said application.
Bond. The Village Council may in its discretion require such
applicant to file a bond in such form and amount as shall be
satisfactory to the Council to assure the compliance by the
applicant with the plans and specifications before the issuance
of such special construction permit.
Certificate of Ownership. Each application for such permit
shall be accompanied by a certificate of ownership of property
within the Village and within 300 feet of any boundary line of
the proposed trailer camp.
Codes. The construction of a trailer camp shall comply with all
the provisions of the Village Building Code applicable thereto.
It shall be the obligation of the holder of the construction
permit to secure the approval of the Department of Health of the
State of Minnesota, and to provide satisfactory evidence to the
Village that all of the requirements of the State of Minnesota
and of the State Law, are being complied with, and have been
complied with before such trailer camp shall be occupied for use.
Drainage. Every trailer shall be located on a well drained area
and the premises shall be properly graded so as to prevent the
accumulation of storm or other waters.
Minimum size.
(A) Each plot shall have a minimum dimension of 60 feet, front and rear,
have a minimum of 100 feet in depth on both side lines, and a gross
area of not less than 6000 square feet.
(B) There shall be a minimum setback distance of 10 feet between any
portion of any trailer and any line of the plot on which any trailer
is located, except that on any street side there shall be a minimum
setback distance of 20 feet between any portion of any trailer and
the plot line or lines on any street side of the plot on which any
trailer is located; and all trailers shall be parked at a 10 degree
angle to the street on which same face. If located on a Village,
State or County Road, setback requirements of the Village for resident
homes and of the State or County shall be followed. Where any trailer
camp abuts on a public street or residential area, the setback area
shall be planted to provide adequate and pleasing screening and
landscaping.
(C) A concrete slab or patio may be constructed on the ground beside
each trailer parking space; this slab shall be not less than ten
(10) feet wide, twenty-five (25) feet long, and four (4) inches thick.
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(D) At least one (11 shade tree (minimum diameter of three (3) to
three and one-half (31�) inches at time of planting) shall be
placed and maintained on each plot, all dead trees to be re-
placed within ninety (90) days, or a reasonable time, such
additional landscaping shall be included as may have been ap-
proved or required by the Village Council.
(E) Except for the areas used for the trailer, patio, sidewalk and
off street parking space, the entire plot shall be sodded and
maintained with grass.
(F) Each plot shall abut on and have access to a street which shall
be at least 30 feet wide between gutters. This street shall be
stabilized to provide a firm base and the surface shall be main-
tained so as to be smooth and dust free to conform to Village
requirements.
(G) A curb shall be constructed on each side of the street and the
outside street side face of this curb shall be at least 15 feet
from the centerline of said street. The curb shall be of a
standard approved by the Village Council by resolution.
(H) The parking of more than one (1) trailer on any single plot shall
not be permitted.
(I) No trailer may be inhabited by a greater number of occupants
than that for which it was designed.
(J) Water shall be supplied to the entire area through a central water
supply system constructed in accordance with the laws of the
Village of Lino Lakes and State of Minnesota and the recommenda-
tions of the State Health Department.
(K) Fire hydrants shall be placed throughout the area in such a way as
to satisfy the district fire marshall that adequate fire protection
is achieved.
(L) There shall be provided a separate area in addition to the plots
designed for use by the trailers upon which there shall be stored
all boats, boat trailers, travel trailers, etc., the area to be
located away from any public road and shall be densely screened
by landscaping.
(M) All trailer parks shall contain a recreation area or park area or
areas, to be established and adequately maintained within the
trailer park site by the owner of the trailer park, unless same are
accepted for maintenance by the Village, of not less than 10 percent
of the trailer park area in one concentrated area. The foregoing
may be varied, if considered reasonable in any given instance,
by unanimous vote of the Village Council.
(N) No "on street" parking of motor vehicles shall be allowed for more
than 4 hours in duration per 24 hour period, and each trailer park
shall be designed to provide off street parking areas with a mini-
mum area thereof to adequately accommodate at least 2 motor vehicles
per house trailer in the trailer park.
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(0) Each trailer unit shall be provided, by the trailer park owner, with
a utility building, of a minimum size of 4 feet by 8 feet, by 6 feet
high, or other size to be determined by resolution by the Village
Council, the construction and exterior thereof to be acceptable to
the Village Council, each such utility building to be used only for
the storage of such items as boats, snowmobiles, boat motors, lawn
mowers, and such other miscellaneous items, as need such storage and
as owned by the occupants of such trailer unit, and not for washing
facilities, the purpose thereof to be to avoid the exterior storage
of such items.
Registration. That every person operating within this Village
a trailer camp shall provide and keep thereat a suitable guest
register for the registration of all persons provided with accom-
modations thereat; and each such person shall be registered therein.
Upon arrival of every such person the operator of such park shall
require him to enter in such register, or enter for him therein,
in separate columns provided in such register, the name and address
of such person and every other person, if any, with him as a member
of his party; and the make of any motor vehicle and trailer, and
the registration number and other identifying letters or characters
appearing on the official number plate including the name of the
state issuing such official plate for any motor vehicle or trailer.
Such registration shall be kept accessible for inspection by
Village authorities. It shall be unlawful for any person to make
any false statement or false entry as to any matter required to
be recorded in such register. Every person, upon arriving at such
trailer camp and applying for accommodations therein shall furnish
to the operator or other attendant in charge of such park the
registration information necessary to corrp lete his registration in
accordance with the requirements of this section and shall not be
provided with accommodatations unless and until such information
be furnished.
Fire Extinguisher. Each trailer in a licensed trailer camp shall
be equipped with a fire-marshall-approved type extinguisher in
useable condition. The occupant of a trailer shall be responsible
for providing such extinguisher for the trailer he occupies.
Speed Limit. It shall be unlawful for any type vehicle to travel
at a rate in excess of ten (10) miles per hour while within the
limits of the trailer camp.
Wheels. The wheels and running gear of every trailer located
within a trailer camp shall be left on the trailer.
Skirts. where enclosures or skirts are used around the base of
any trailer, they shall be of a standardized type conforming in
appearance and design with enclosures used by adjacent trailers
within the park, which enclosures are subject to approval by the
Village Council. In a like manner steps and Utility Enclosure
shall be standardized and approved by the Council. Any enclos-
ure or steps that the Council shall have disapproved shall be
removed, but the owner or trailer occupant shall be entitled to
a hearing before the Council before any prosecution shall be
instituted. Awnings or shades of cloth, canvas or other similar
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fabric, which are readily collapsible and removable in case of
windstorm, fire, or flood or other emergency, may be used.
Foundation. It shall be unlawful to construct, erect, attach or
cause to be constructed, erected or attached any foundation, wall,
embankment or other structure under, around or near any trailer
in any trailer camp in this Village, or to otherwise impede the
free movement or removal of such trailer. This section shall not
be deemed to prohibit the use of skirtings around the wheels and
running gear of such trailer coach if such skirting is readily
removable and will not tend to obstruct the movement of such
trailer in case of emergency.
Maintenance. Trailer camps shall be maintained by the owner or
operator so as not to become littered or unsightly with respect
to unauthorized pieces of equipment, containers, junk, trash,
ashes, or any other unsightly or unsanitary condition. No animal
washing, car-washing or other slop creating practices shall be
carried on in any building, structure, or other place not desig-
nated for such purposes, in any trailer camp. No pets or domesti-
cated animals shall be allowed to enter the buildings containing
the sanitary or washing facilities for the trailer camp; nor
shall they be allowed to run at large, but must be attached to a
leash at all times when out of doors, or kept within a fenced
area or otherwise controlled.
6.12 COMMERCIAL DISTRICTS
These districts are designed and intended to aid in guiding development
towards fulfillment of the Comprehensive Plan and to serve the following
functions:
To provide the community with properly located commercial areas.
To aid compatible and efficient development of commercial areas.
To relate commercial locations with the thoroughfare system.
To encourage nucleated commercial areas.
To permit the community to plan and develop the services necessary.
To accommodate commercial centers.
Area and Design Requirements-A complete plot plan showing the building
or buildings and surrounding land areas of the entire project must be
submitted to the Village Council for approval and in accordance with
Section 5.03 (Ordinance No. 21-C) . Area and design requirements must
be such as to establish a commercial district which will best serve the
general welfare and benefit of the entire Village.
6.13 GENERAL BUSINESS (GB) DISTRICT
These are areas containing a wide variety of business uses including
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retail, service, and semi-industrial uses. As such they may contain
business which tend to serve other business and industry as well as
those catering to shopper needs.
Permitted Uses-In the General Business (GB) District, no building or
land shall be used, and no building shall be erected, converted or struc-
turally altered unless otherwise provided herein, except for one or more
of the following uses:
(A) Motor Fuel Station and/or Garage.
(B) Auto Sales, Services, Used Car Lot and Car Washes.
(C) Drive-in Restaurants.
(D) Wholesale Distributors and Warehousing Related to It.
(E) Bakery or Confectionery Shop for the production of articles to be
sold at retail on the premises.
(F) Farm, Boat, Airplane, Auto Equipment Sales.
(G) Theatres and Drive-In Theatres. (Outdoor Theatres by Special Use
Permit Only. )
(H) Open Sales lot and seasonal business.
(I) Newspaper publishing and job printing establishments.
(J) Bowling Alleys and Recreational Entertainment.
(K) Veterinary Clinic or Office (not Kennels) .
(L) Electrical, Radio and Television Repair.
(M) Carpeting or Woodworking Shops.
(N) P.U.D.-Planned Unit Developments.
6.14 LIMITED BUSINESS (LB) DISTRICT
There may be some areas which are suitable only for commercial uses of a
limited (less intense) nature. This may be due to the close proximity of
residential uses. There may be a demand for high quality commercial areas
such as an "office park" development; this could be considered as an "LB"
use. Also, the "LB" District can be used as a transitional district or
buffer between non-compatible uses such as intense commercial ("GB") and
low density residential uses.
Permitted Uses-In the Limited Business (LB) District, no building or land
shall be used, and no building shall be erected, converted or structurally
altered unless otherwise provided herein, except for one or more of the
following uses:
(A) Professional and Personal Business Offices.
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(B) Hotel, Motel, Tourist, Rooming or Boarding House.
(C) Apartment for one family in combination with business use.
(D) :Financial Institution.
(E) Funeral Chapel or Mortuary with Caretaker Apartment.
(F) Churches.
(G) Music, Dance or Business School.
(H) Veterinary Clinic or Offices (Not Kennels) .
(I) P.U.D.-Planned Unit Developments.
6.15 SHOPPING CENTER (SC) DISTRICT
This zoning classification is reserved for modern retail shopping facilities
of integrated design in appropriate locations. Normally this zoning class-
ification will not be given to specific undeveloped land parcels; rather,
the general location of potential shopping center sites will be indicated
on the ,Canprehensve Plan and an "SC" symbol on the Zoning District Map.
This will allow potential developers greater freedom in site selection and
reduce the possibility of under or over zoning for commercial development.
Potential shopping center sites should be zoned after there is actual need
shown and construction of the center can be expected within two years
following such zoning.
Any new structures in a Shopping Center District must be shown to fit into
an overall plan for the shopping center. Before any new area is zoned into
Shopping Centers the following conditions must be met:
(A) The area will be located adjacent to a thoroughfare or collector
street as shown on the comprehensive plan or as indicated as a
potential shopping center site on such Plan.
(B) Submission of a plot plan showing structures, parking, driveways,
landscaping, and screening in accordance with Section 5.03 (Ordinance 21-C) -
(C) The area zones shall have at least three (3) acres, although there is
no minimum lot size for individual business located within a Shopping
Center, and at least ten (10) percent of the land area shall be green
grass, open land or landscaped.
Any area noted on the Zoning District Map as "SC" with no definite boundary
shall be administered as follows:
(A) Any landowner within 500 feet may apply for "SC" zoning.
(B) The land area shall consist of at least three (3) contiguous acres
and be located in accordance with the Comprehensive Plan.
(C) Only one corner of any major road intersection may be zoned for
retail business.
(D) The area covered by any structure or structures shall not exceed
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forty (40) percent of the total land area.
(E) The Village Council may grant or deny the request for business
zoning based upon the plans submitted.
(F) In the event that a corner of any major road intersection or inter-
change is zoned for commercial use based upon the presence of an "SC"
symbol, no further commercial zoning shall be intended except when
the Village Council shall provide another "SC" symbol in the vicinity.
(G) A market feasibility study shall be submitted to indicate need, size
and future size.
The purpose of this provision is to encourage more than one land owner to
submit plans for commercial zoning in any area where:
(A) There may be more than one site suited for commercial activity, and
public policy states that only one may be developed; and
(B) To provide a flexible means to zone land for commercial development
at a later date when there is justification.
Permitted Uses-In the Shopping Center (SC) District no building or land
shall be used, and no building shall be erected, converted or structurally
altered unless otherwise provided herein, except for one or more of the
following uses:
(A) Retail Shopping Centers.
(B) Sales of a commodity, Grocery, Drugs, Hardware, Appliances, Furniture.
(C) Restaurants, Cafes, Bars, Taverns.
(D) Auto Sales and Servicing.
(E) Theatres. (Outdoor Theatres by Special Use Permit Only.)
(F) Funeral Chapel or Mortuary.
(G) Personal Services, Beauty and Barber Shop, Clothes Cleaning, Dress
Maker, etc.
(H) Radio and Television Repair.
(I) P.U.D.-Planned Unit Developments.
6.16 INDUSTRIAL DISTRICTS
These districts are designed and intended to aid in guiding towards ful-
fillment of the Comprehensive Plan and to serve the following functions:
To appropriately locate employment and production centers in relation to
physical factors such as:
Vehicular access to thoroughfares.
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Suitability of terrain and building conditions.
Relationship to related and abutting land use.
Availability of railroads.
Availability of other services.
Area and Design Regulation-A complete plot plan showing the building or
buildings and surrounding land areas of the entire project must be sub-
mitted to the Village Council for approval and in accordance with Section
5.03 (Ordinance 21-C) .
Area, design and setback requirements must be such as to establish a
Light and Heavy Industrial District which will best serve the general
welfare and benefit of the entire Village are as follows:
Percentage for Structure-The area covered by the industrial building
shall not exceed 40% of the site area and the minimum depth lot
shall not be less than one hundred fifty (150) feet.
Front Yard Requirement-Each industrial building shall have a front
yard of not less than 50 feet in depth facing any road or street.
This setback shall apply to both street sides where the building
is located on a corner lot.
Side and Rear Yard Requirements-Each industrial building shall have
a side and rear yard of not less than fifteen (15) feet for the
building and no less than five (5) feet for any parking space.
See Parking Ordinance.
Height Regulation-No industrial building shall have a height in
excess of forty-five (45) feet from grade level unless specifically
granted by the Council.
6.17 LIGHT INDUSTRIAL (LI) DISTRICT
These areas have the prerequisites for industrial development, but be-
cause of proximity to residential areas or the need to protect certain
areas or uses from adverse influences, high development standards will
be necessary. "LI" uses include service industries and industries which
manufacture, fabricate, assemble or store, where the process is not likely
to create offensive noise, vibrations, dust, heat, smoke, odor, glare, or
other objectionable influences. Generally, these include wholesale, ser-
vice and light industries which are dependent upon raw materials refined
elsewhere. An industrial "park" which maintains high development standards
would be zoned "LI".
Minimum land area for any Light Industrial (LI) District shall have at
least three (3) acres of land, and the minimum building lot width at the
street shall have not less than one hundred fifty (150) feet.
Permitted Uses-In the Light Industrial (LI) District no building or land
shall be used and no building shall be erected, converted or structurally
-39-
altered unless otherwise provided herein, except for one or more of the
r� following uses:
(A) Any use permitted in the Commercial Districts and if the Council
is satisfied that such use will not interfere with proper develop-
ment of the Light Industrial District, but not otherwise.
(B) Wholesale business establishments.
(C) Custom shop for making articles or products sold at retail in the
premises.
(D) Plumbing, heating, glazing, painting, paperhanging, roofing, venti-
lating, electrical and general contractors, carpentry, soldering and
welding shop and office, but not storage yards.
(E) Bottling establishment.
(F) Manufacturing as follows:
1. Canvas and canvas products.
2. Clothing and other textile products, not including manufacture
of textiles.
3. Electrical equipment, appliances, and supplies, manufacture and
assembly of, not including heavy electrical machinery.
4. Food products, combining or processing of, not including meat
and fish.
5. Jewelry, clocks, watches.
6. Leather products including luggage and shoes.
7. Medical, dental, drafting equipment, optical goods.
8. Musical instruments.
9. Perfumers, pharmaceutical products, compounding of rubber products
and synthetic treated fabrics, not including rubber and synthetic
processing.
10. Small products from the following previously prepared materials:
cork, feathers, felt, fur, glass, hair, horn, paper, plastics, shells.
11. Tool, die and pattern-making, and similar small machine shops.
12. Wood products, including furniture and boxes.
(G) Carpet and rug cleaning.
'*-N (H) Laundry, dry cleaning, or dyeing plant.
(I) Laboratory, research, experimental and testing.
-40-
(J) Any use of the same general character as any of the above permitted
10**N uses when authorized as a special exception by the Village Council.
(K) Accessory use on the same lot with and customarily incidental to
any of the above permitted uses.
Restricted Use-No building may be erected, altered, or used, and no lot
or premises may be used in/or within two hundred (200) feet of a Residence
District within the Village, except as authorized by special permit to be
issued by the Village Council.
6.18 HEAVY (HI) INDUSTRIAL DISTRICT
These are areas which, because of availability to thoroughfares, railroads,
suitable topography, and isolation, are appropriate for industrial uses of
____a more intense nature and ones which may have certain nuisance characteristics.
Such uses include concrete products manufacture, junk yards, trucking term-
inals, distilleries, grain milling, millwork, petroleum bulk plant, etc.
Minimum land area for any Heavy Industrial (HI) District shall have at
least five (5) acres of land and the minimum building lot width at the
street shall have no less than two hundred (200) feet.
Permitted Uses-In the Heavy Industrial (HI) District no building or land
shall be used and no building shall be erected, converted or structurally
altered unless otherwise provided herein, except for one or more of the
following uses:
(A) Any use permitted in the Commercial District and Light Industrial
District and if the Council is satisfied that such use will not inter-
fere with proper development of the Heavy Industrial District, but
not otherwise.
(B) Junk yard, salvage or wrecking yard, or the baling of rags, cars or
junk, except when enclosed within a building.
(C) Manufacture of:
1. Asphalt or asphalt products, including refining thereof.
2. Explosives, fireworks, including storage thereof.
3. Fertilizer, when manufactured from organic materials.
4. Gypsum, cement, plaster or plaster of paris.
5. Rubber, caoutchouc, or gutta-percha.
6. Sulphuros, sulphuric, nitric, picric or hydrochloric or other
offensive or corrosive acids.
r� (D) Wood pulp and fiber, reduction and processing thereof.
(E) No noxious or hazardous use shall be permitted unless adequate pro-
vision is made to reduce and minimize such objectionable elements in
accordance with (MPC) Minnesota Pollution Control Agency.
-41-
(F) Storage, or warehouse; packing and crating, express, carting or
hauling stations; trucking yard or terminal.
(G) Storage yards for contractors, bidding materials, coal, fuel oil, etc.
(H) Public utilities and essential service buildings and storage.
Restricted Use-No building may be erected, altered, or used, and no lot
or premises may be used in, or within three hundred (300) feet of, a
Residence District within the Village, except as authorized by permit to
be issued by the Village Council.
6.19 PUBLIC AND SEMI-PUBLIC DISTRICT
This district is designed and intended to aid in guiding development towards
fulfillment of the Comprehensive Plan to serve the following functions:
To provide the community with properly located schools, colleges,
and health institutions.
To provide the community with properly located Public Services and
Utilities.
To provide the community with properly located open green space,
parks, playgrounds and recreational facilities.
To relate public and semi-public locations with the thoroughfare
system.
Minimum land area for any Public and Semi-Public (PSP) District shall have
at least one (1) acre of land, and the minimum building lot width at the
street shall have no less than one hundred fifty (150) feet.
Structure Land Coverage-The area covered by any structure or structures
shall not exceed 35% of the total land area.
Green Area-At least 35% of the site shall be retained for and devoted to
green grass, open space, or landscaped area.
Permitted Uses-In this Public and Semi-Public (PSP) District no building or
land shall be used, and no building shall be erected, converted or struc-
turally altered unless otherwise provided herein, except for one or more of
the following uses:
(A) Schools- Elementary, Junior High, High School, College, Graduate
College or Learning Institution.
(B) Hospital, Major Clinics, Sanitariums, Rest Homes, Nursing Home or
Institutions and Churches.
(C) All Public Buildings for Municipal Government, such as Village Hall,
/-4N Water Works, Sewage Plant, Police, Fire, etc.
(D) Parks and Recreation Facilities, Golf Courses.
CE) P.U.D.-Planned Unit Developments.
-42-
6.20 ZONING DISTRICT MAP
The boundaries of the Districts as established by this Ordinance are as
shown on the map published herewith and made part of this Ordinance which
is designated as the "Zoning District Map", which map is properly approved
and filed with the Village Clerk. The district boundary lines on said map
are intended to follow street right-of-way lines, street centerlines, or
lot lines unless such boundary line is otherwise indicated on the map.
In the case of unsubdivided property or in any case where street or lot
lines are not used as boundaries, the district boundary lines shall be
determined by use of dimensions or the scale appearing on the map.
All of the notations, references, and other information shown thereon
shall have the same force and effect as if fully set forth herein and are
hereby made a part of this Ordinance by reference and incorporated herein
as fully as if set forth herein at length.
6.21 ZONING CHANGE PERFORMANCE
When a zoning change has been granted or a Special Use Permit issued for
any zoning district it shall be incumbent upon the owner, developer, con-
tractor or whatever to begin construction within twelve (12) months (1
year) after Village Council action on the proposal and to substantially
complete the project within three (3) years from the construction start;
if said construction has not begun within twelve (12) months, the rezoning
shall be void and revert to its original zoning prior to the rezoning.
If the project is not 50% constructed within three (3) years, any further
development of any type shall require a Special Use Permit and the
Planning Commission and Council may move to initiate a rezoning back to
the original zoning.
6.22 REHEARING OF DENIED ZONING
No person, firm or corporation shall be entitled to present any petition
of the rezoning of land within twelve (12) months from the receipt of
petition seeking substantially the same rezoning where such original
petition has been acted upon and denied. This provision shall not affect
any right to present a petition where a former petition has been with-
drawn; except the new or withdrawn petition shall conform to any new or
amended ordinance.
1"'\
-43-
6:23 MINIMUM REQUIREMENTS TABLE U
N
N Z F
X Fr
U .•� .] ta: , N :n y W .: 7K .0 F Z S 3: 4- n >. :n ►� t
M < 0 ►-t _l r+ F F z •� •.fd W �-, ., .. a F - > > ...
ace zs A. ttz� tr z � m zn x � cz ; o -C mx
D a:
V .A S JtV
ZONING DISTRICT CLASSIFICATION A I R1 JR2 R 1 R4 RS R 6 GB LB SC Lr HI PSP
MINIMUM LAND AREA SA 11250 15000 IA 2A IA 2A 3A 3A 3A 5A IA
Lot Area/Dwelling Unit (Sq.Ft. )
Family Home 11250 15000 15000 15000 6000
Apt-Efficiency 1.500 1500 15o0 6000' 150o 1000 }
One Bedroom 1500 1500 4000 i5on 6000 i50o 1000 I
Two Bedroom 2000 2000 4000 2000 6000 2000 1500
Three Bedroom 00 2 2 00 4�0� �(
l l S S 250y� ?500 2!lOn
Four Bedroom
3000 3000 4000 )Qot) iI
Floor Area/Dwelling Unit (Sq.Ft. )
Family Home - 800 800 Boo
Apt-Efficiency 500 500 500 450
j One Bedroom 650 650 500 450
Two Bedroom
880 890 1200 1200 000
1 Three Bedroom 1040 1040 1100 1100
Four Bedroom 1190 1190 1450 1450
Lot Width • Front Setback Line (Ft.) 300 75 100 125 150 150 ISO 00, 100 100 :50 150 200 150
Lot Depth (Ft. ) 300 125 125 125 150 150 150 100 110 140 50 150 150 liO
Front Yard Setback (Ft. ) 50 30 30 30 30. 30 30' 20 30 30 50 50 50 50
Side Yard Setback From Str at (Ft.) I 0 30 30 . 30 304 0 0+ 20 1O 330 33O S0 0 550
Carport or Garage (Ft.1 �0 5 5 5 5• 30+ 30• 10 10 10 10 I5 5 15
Interior Lot Line (Ft . ) 30 10 10 15 15• 15• ly 10 10 10 10 15 15 30
Rear Yard Setback (Ft. ) 30 5 15 Ir 15' 15. 10 10 30 30 15 15 30
i
Height (Max. Ft. Permitted) 30 30 30 36 45' 30 45' 20 36 36 45 45 45 45
building Coverage (Max. % Permitted 35 35 35 35 35 35 35 35 35 35 40 40 40 35
i
Breen Area Min. Perms tted 10 10 10 to 10
KOTZ: An Acres
Ft- rest
Sq.Ft- Square Feet
♦- A werriAble condition way exist
1
Section 7. PARKING FOR ALL ZONING DISTRICTS
7.01 OFF-STREET PARKING SPACE REQUIREMENTS
In all Districts, off-street automobile parking space shall be provided
as an accessory use in accordance with the following provisions at the
time any building or structure is erected, enlarged or expanded in
height or ground coverage.
Agricultural District No requirements.
Residential District
(R-1) Single Family Two (2) spaces per dwelling unit.
(R-2) Duplex Family Two (2) spaces per dwelling unit.
(R-3) Multiple Family Two (2) spaces per dwelling unit-
or greater One (1) of which must be enclosed.
(See R-3 Credits and Exceptions.)
Commercial District
(GB) General Business One (1) space for each 3 seats or for
each five feet of bench length. Based
upon maximum design capacity
or
Bowling Alley Five (5) spaces for each alley plus
additional spaces for related uses
such as a restaurant
or
Drive-in Food One (1) space for each 15 square feet
of gross floor space
or
Motor Fuel Station Four (4) spaces plus two (2) spaces
for each service stall.
(LB) Limited Business One (1) space for each 250 square feet
of gross floor area
or
Dental-Medical Three (3) spaces per doctor
or
Hotel-Motel One (1) space per unit plus one (1)
additional space for each eight (8) units
or
Mortuary Five (5) spaces for each chapel or
parlor plus one (1) space for each
funeral vehicle maintained on the pre-
mises. Funeral procession makeup
space shall be provided off-street also.
(SC) Shopping Center One (1) space for each 150 square feet
of gross floor area
or
-45-
Restaurants, Bars, etc. One (1) space for each three (3) seats
based upon maximum design capacity
or
Furniture Store,
Wholesale, Auto Sales,
Repair Shop Three (3) spaces for each 1000 square
feet of gross floor area. Open sales
lot shall provide two (2) spaces for
each 5000 square feet of lot area, but
not less than three (3) spaces.
Industrial District
(LI) Light and
(HI) Heavy Industrial One (1)space for each two employees
or one (1) space for each 2000 square
feet of gross floor area, whichever
is the larger.
Public & Semi-Public District
Schools, Elementary
and Junior High One (1) space for each classroom plus
one (1) additional space for each 300
student capacity.
Schools, High School
and College One (1) space for each classroom plus
one (1) additional space for each seven
students based upon maximum design capacity.
Hospitals One (1) space for each three hospital
beds, plus one (1) space for each four
employees other than doctors, plus one
(1) space for each resident and
regular staff doctor.
Sanitarium, Rest Home,
Nursing Home, or
Institution One (1) space for each six beds based
upon maximum design capacity, plus
one (1) space for each two employees.
Districts or Uses not
Specifically Noted Parking spaces as determined by
Village Council following review by
Planning & Zoning Commission.
7.02 SURFACING AND DRAINAGE
Off-street parking areas shall be improved with a durable and dustless
'^ surface. Such areas shall be so graded and drained as to dispose of all
surface water accumulation within the area. These requirements shall also
apply to open sales lots. Durable and dustless surface may include crushed
rock and similar treatment for parking accessory to one, two, three, and
-46- -
four unit residential structures; all other uses shall utilize asphalt,
concrete, or other surface (water sealed) as approved by the Engineer or
00011.1 Building Inspector.
No land shall be developed and no use shall be permitted that results in
water run-off causing flooding, erosion, or deposit of minerals on adjacent
properties. Such run-off shall be properly channedled into a storm drain,
water course, ponding area, or other public facilities. Any change in
grade affecting water run-off onto adjacent property must be as approved
by the Village Council.
7.03 LOCATION
All accessory off-street parking facilities required herein shall be
located as follows:
(A) Spaces accessory to one and two-family dwellings on the same lot
as the principal use served.
(B) Spaces accessory to multiple-family dwellings on the same lot as
the principal use served or within 200 feet of the main entrance
to the principal building served.
(C) Spaces accessory to uses located in a Business, Industrial, or
Public and Semi-Public District, within 800 feet of a main entrance
to the principal building served.
n
(D) There shall be no off-street parking space within fifteen (15) feet
of any street right-of-way.
(E) No off-street open parking area containing more than four (4)
parking spaces shall be located closer than five (5) feet from an
adjacent lot zoned or used for residential purposes.
7.04 GENERAL PROVISIONS
(A) Building or structures for which a permit has been issued prior to
the effective date of this Ordinance but for which work has not been
completed shall be exempt from the hereinafter stated parking require-
ments if the structure or building is completed within six (6) months
after the effective date of this Ordinance.
(B) Existing off-street parking spaces and loading spaces upon the effec-
tive date of this Ordinance shall not be reduced in number unless said
number exceeds the requirements set forth herein for a similar new use.
(C) Should a building, structure, or use in existence upon the effective
date of this Ordinance be damaged or destroyed by fire or other cause,
it may be re-established except that in so doing any off-street parking
or loading which existed must be retained but should plans propose an
enlargement of the floor area, seating capacity or other facilities
which would affect the parking or loading requirements, the parking
or loading spaces shall be enlarged accordingly.
-47-
(D) Floor Area-The term "Floor Area" shall mean the sum of all floor
area in a building as calculated from the outside dimensions of the
building. It shall not include areas used primarily as building utility
rooms, toilets or rest rooms, dressing, fitting or alteration roans,
coolers, window displays, or lobbies.
(E) Hospital Bassinets-In hospitals, bassinets shall not be counted as beds.
(F) Benches in places of public assembly-in stadiums, sport arenas,
churches, and other places of public assembly in which patrons or
spectators occupy benches, pews, or other similar seating facilities,
each twenty-two (22) inches of such seating facilities shall be
counted as one (1) seat for the purpose of determining requirements
for off-street parking facilities under this Ordinance.
(G) Parking spaces-each parking space shall be not less than nine (9)
feet wide and twenty (20) feet in length exclusive of an adequately
designed system of access drives.
(H) Use of parking facilities-off street parking facilities accessory to
residential use shall be utilized solely for the parking of passenger
automobiles and/or one truck not to exdeed seven thousand (7000) pounds
gross capacity for each dwelling. Under no circumstances shall re-
quired parking facilities accessory to residential structures be used
for the storage of commercial vehicles or for the parking of auto-
mobiles belonging to the employees, owners, tenants or customers of
nearby business or manufacturing establishments.
(I) Spaces accessory to one and two-family dwellings on the same lot
as the principal use served.
(J) Joint parking facilities-off-street parking facilities for a combi-
nation of mixed buildings, structures, or uses may be provided col-
lectively in any "District" (except Residential Districts) in which
separate parking facilities for each separate building, structure
or use would be required, provided that the total number of spaces
provided shall equal the sum of the separate requirements of each
use during any peak hour parking period.
(K) Control of off-street parking facilities-when required accessory
off-street parking facilities are provided elsewhere than on the lot
in which the principal use served is located, they shall be in the
same ownership or control either by deed or long-term lease, as the
property occupied by such principal use, and the owner of the prin-
cipal use shall file a recordable document with the Village requiring
the owner and his or her heirs and assigns to maintain the required
number of off-street spaces during the existence of said principal use.
(L) Use of parking area-required off-street parking space in any District
shall not be utilized for open storage of goods or for the storage of
vehicles which are inoperable or for sale or for rent.
7.05 DESIGN AND MAINTENANCE OF OFF-STREET PARKING AREAS
(A) Parking areas-shall be designed so as to provide adequate means of
-48-
access to a public alley or street. Such driveway access shall not
exceed twenty-six (26) feet in width and shall be so located as to
cause the least interference with traffic movement.
(B) Calculating space-when determining the number of off-street parking
spaces required results in a fraction, each fraction of one-half
N or more shall constitute another space.
(C) Surfacing and drainage-off-street parking areas shall be improved
with a durable and dustless surface. Such areas shall be so graded
and drained as to dispose of,:all surface water accumulation within
the area. These requirements shall also apply to open sales lots.
Durable and dustless surface may include crushed rock and similar
treatment for parking accessory to one, two, three, and four-unit
residential structures; all other uses shall utilize asphalt, con-
crete, or other surface, (water sealed) as approved by the Engineer
or Building Inspector.
(D) Lighting-any lighting used to illuminate an off-street parking area
shall be arranged as to reflect the light away from the adjoining
property.
(E) Curbing and landscaping-all open off-street parking area designed to
have head-in parking along the property line shall have a guard of
normal bumper height not less than five (5) feet from the side property
line. When said area is for six (6) spaces or more, a curb or fence
not over six (6) feet in height shall be erected along the front yard
set-back line and grass or planting shall occupy the space between
the sidewalk and curb or fence. (The Planning & Zoning Commission may
recommend continuous coniferous planting in lieu of fencing.)
(F) Parking space for six (6) or more cars-when a required off-street
parking space for six (6) cars or more is located adjacent to a
Residential District, a fence of adequate and approved design, not
over six (6) feet in height nor less than five (5) feet in height
shall be erected along the Residential District property line. (The
Planning & Zoning Commission may recommend continuous coniferous
planting in lieu of fencing.)
(G) Maintenance of off-street parking space-it shall be the joint resp-
onsibility of the operator and owner of the principal use, uses and/
or building to maintain, in a neat and adequate manner, the parking
space, accessways, landscaping and required fences.
(H) Access-all off-street parking spaces shall have access off driveways
and not directly off the public street.
7.06 TRUCK PARKING IN RESIDENTIAL AREAS
No motor vehicle exceeding a gross capacity of 7000 pounds shall be
parked or stored in a residential district except when loading, unloading,
or rendering a service.
-49-
7.07 REDUCTION OF PARKING AREAS
r Off-street parking spaces shall not be reduced in number unless said
number exceeds the requirement set forth herein.
7.08 OFF-STREET LOADING AND UNLOADING AREAS
(A) Location-all required loading berths shall be off-street and shall
be located on the same lot as the building or use to be served. A
loading berth shall not be located less than twenty-five (25) feet
from the intersection of two (2) street rights-of-way nor less than
fifty (50) feet from a residential district unless within a building.
Loading berths shall not occupy the required front yard space.
(B) Size-unless otherwise specified in this Ordinance a required loading
berth shall be not less than twelve (12) feet in width, twenty-five
(25) feet in length, unless stated as fifty-five (55) feet, and
fourteen (14) feet in height, exclusive of aisle and maneuvering space.
(C) Access-each required loading berth shall be located with appropriate
means of vehicular access to a street or public alley in a manner
which will least interfere with traffic.
(D) Surfacing-all loading berths and accessways shall be improved with a
durable material to control the dust and drainage according to a
plan approved by the Village Engineer.
(E) Accessory Use-any space allocated as a loading berth or maneuvering
area so as to comply with the terms of this Ordinance shall not be
used for the storage of goods, inoperable vehicles or be included as
a part of the space requirements necessary to meet the off-street
parking area.
(F) In connection with any structure which is to be erected or substantially
altered, and which requires the receipt or distribution of materials
or merchandise by trucks or similar vehicles, there shall be provided
off-street loading space.
(G) where noise from loading or unloading activity is audible in a resi-
dential district, the activity shall terminate between the hours of
7:00 p.m. and 7:00 a.m.
(H) Required Loading Berths.
1. Non-residential uses having 5000 square feet of floor space or
more, not included as part of (2) or (3) below-four thousand
(4000) to twenty thousand (20,000) square feet floor area, one
loading berth; for each additional ten thousand (10,000) square
feet of floor area or fraction thereof above one-fourth W one
(1) additional loading berth.
2. Retail Sales, Office, Public Administration Buildings, Hospitals,
Schools, Hotels, and Similar Uses-For such a building having five
thousand (5,000) to ten thousand (10,000) square feet of floor
area one (1) off-street loading berth.
-50-
3. Manufacturing, Fabrication, Warehousing, Storing, Servicing
and Similar Establishments-For such a building having two
r thousand (2,000) to thirty thousand (30,000) square feet of floor
area, one (1) loading berth fifty-five (55) feet in length.
4. Manufacturing, Fabrication, Processing and Warehousing-For
buildings having over thirty thousand (30,000) square feet,
loading facilities shall be provided at the ratio of one (1)
loading berth fifty-five (55) feet in length for each fifty
thousand (50,000) additional square feet plus one (1) loading
berth twenty-five (25) feet in length for each one hundred
thousand (100,000) square feet. Buildings having two thousand
(2,000) to fifteen thousand (15,000) square feet shall have one
(1) loading berth, fifteen thousand (15,000) to thirty thousand
(30,000) one (1) loading berth plus one (1) fifty-five (55)foot
loading berth.
7.09 TRAFFIC CONTROL
The traffic generated by any use shall be channelized and controlled in
a manner that it will minimize: (a) congestion on the public streets;
(b) traffic hazards; and (c) excessive traffic through residential areas,
particularly truck traffic. Internal traffic shall be so regulated as to
ensure its safe and orderly flow. Traffic into and out of business and
industrial areas, and all traffic from residential lots adjacent to a
thoroughfare, shall in all cases be forward moving with no backing into
s tre a is.
On corner lots (including Agricultural Districts) , nothing shall be placed
or allowed to grow in such a manner as materially to impede vision between
a height of two and one-half (2' ) and ten (10) feet above the centerline
grades of the intersecting streets within fifteen (15) feet of the inter-
secting street right-of-way lines. This restriction shall also apply to
the planting of crops and to yard grades that result in elevations that
impede vision within fifteen (15) feet of any intersecting street right-
of-way lines.
Section 8. REPEAL OR AMENDMENT OF PRIOR VILLAGE ORDINANCES
Any previously adopted Village Ordinances contrary to the provisions of
this Ordinance are hereby repealed or amended, either entirely or in part,
as the case may be, which Ordinances include the following:
Ordinance No. 6, passed by the Village Council on July 18, 1955;
Ordinance No. 39, passed by the Village Council on August 24, 1964;
Ordinance No. 39A, passed by the Village Council on July 28, 1969;
Ordinance No. 6-0, passed by the Village Council on July 14, 1969;
Ordinance No. 6Q, passed by the Village Council on January 12, 1970;
Ordinance No. 21C, passed by the Village Council February 23, 1970.
-51-
Section 9. PENALTY SECTION
Whoever in any manner violates or fails to comply with any of the terms
of this Ordinance shall be punished by a fine of not more than $300.00,
or by imprisonment for not more than 90 days, or both, together with the
costs of prosecution in either case; each day that a violation exists
shall be considered as a separate violation.
Section 10. EFFECTIVE DATE
This Ordinance shall be effective upon adoption and publication as provided
by law.
Passed by the Village Council of Lino Lakes , Anoka County, Minnesota,
this 26th day of July ► •l
SIGNED /s/ alph M. 'Allier
Ralph M. L'Allier, Mayor
.,,
ATTEST: Lk/ June L.`Emerton
June L. Emerton, Clerk-Treasurer
Published in the Forest Lake Times on .August 5 19"71.
-52-
BABCOCK, LOCKER, NEILSON & MANNELLA
ATTORNEYS AT LAW
118 EAST MAIN STREET
ANOKA. MINNESOTA 55303
EDMUND P. BABCOCK TEL.: (612) 421-5151
LANDOL J. LOCHER NORTHTOWN OFFICE
JAMES M. NEILSON NORTHTOWN CENTER
FELIX A. MANNELLA 117 NORTHTOWN DRIVE
JOHN R. SPEAKMAN BLAINE. MN. 55434
RICHARD BEENS TEL.. (612) 784.0250
ROBERT F. MANNELLA
JOHN M. BURKE
WILLIAM O. HAWKINS
RONALD B. PETERSON
LAWRENCE R. JOHNSON
ALLEN W. ELLERAAS
July 21, 1977
Edna L. Sarner, Clerk
1189 Main Street
Lino Lakes, MN 55014
I am enclosing Notice of Public Hearing re minimum lot width
and area and a copy of my letter to the Forest Lake Times.
Yours very truly,
Land J. Locher
ms
enc.
'IA
I
i
July 10, 1977
Forest Lake Tinies
120 North Lake
Forest Lake, 11innesota 55025
Re: Notice of Public Hearing
)Please publish the enclosed notice of Public i:earing on Thursday, ( .
July 21, 1977. Please send three affidavit of publication to me
and the Dill acid two affidavits of publication to Edna L. Sarner,
Clerk-Treasurer, 1189 ilain Street., Lino Lakes, Minnesota 55014 .
Than]: you.
Yours very truly,
Landol J. Locher
do
Lnc.
t.
r
NOTICE OF PUBLIC HEARING
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
TO WHOM IT MAY CONCERN :
The City Council of the City of Lino Lakes, Anoka County,
Minnesota, will hold a public hearing, as required by Minnesota
Statutes Section 462. 357 , Subd. 3 , on Monday, August 8 , 1977 , at
8 :45 o' clock P.M. , at the City Hall, to consider the amendment of the
Zoning Ordinance of the City of Lino Lakes passed by the City Council
on July 26 , 1971, being Ordinance No. 56 , by amending the minimum
lot width required at the required front set back line and the minimum
lot area in the Urban Service District and in the Rural Residential
area; amending the minimum land area for tracts of land used for
agricultural purposes to be classified as "FARMS"" and adding a
section requiring a LAND USE PERMIT for any construction, change,
remodeling or improvement of any land or structure in the City of
Lino Lakes .
The City Council shall also, at said public hearing, at said
time and place, consider an Ordinance to amend said Ordinance No. 56
and any other effective City Ordinance by requiring that wherever a
minimal acreage or footage area requirement is listed that same shall
be computed excluding all roadway and public utility easements.
The City Council shall also, at said public hearing, at
said time and place, consider an Ordinance relative to and cc.�ntrolling
construction on restrictive soils.
The City Council shall also, at said public hearing, at
said time and place, consider an Ordinance, to amend Ordinance No. 53 ,
of the City, passed by the City Council on August 10, 1970, which
Ordinance will regulate the licensing of and require reporting by
Sewage Tank Cleaners and imposing minimal standards upon the operation
of individual sewage disposal systems.
All of said proposed Ordinances are on file in the office
of the City Clerk-Treasurer and available for inspection by any
interested person during regular office hours.
At said hearing all interested parties shall be heard.
Edna L. Sarner, Clerk-Treasurer
City of Lino Lakes
Lino Lakes, Minnesota
4.Industrial uses requiring the hulk storage of chemicals will not be allowed on
very wet soils.
b. The certification of plans and specifications as adequate to overcon.,� the
restrictive condition(s) by a professional engineer, registered in the Slate of
Minnesota and experienced and knowledgeable in soils and soils mechanics,shall
be required as evidence with regard to the City of Lino Lakes and the applicant's
meeting of requirements a.1 and a.3 above.
66.8 Special Conditions
A ppermit may be approved subject to compliance with reasonable conditions
whicli are specifically set forth in the permit and are necessary to insure com-
pliance with the requirements contained in this Ordinance.Such conditions may,
among other matters, limit the size,kind or character of the proposed develop-
local,require the construction of other structures,including special foundations
and soil stabilization structures, establish required monitoring procedures,
require such alterations of the site as may be necessary,require the provision of a
performance bond,and/or require the conveyance to the City of Lino Lakes or
other public entity of certain lands or interests therein.
The dimensional and area requirements of the underlying restrictive soils types
and soil district(s) may be modified in furtherance of the purposes of this Or-
durance.
6(0 Time of Permit.-Extensions;Renewals
All timing,extensions and renewals are to be consistant with the building permit
procedures.
56.10 Responsibility;Effect
a Responsibility. Neither the issuance of a permit nor compliance with the
conditions thereof, not, with the provisions of this Ordinance shall relieve any
person from any responsibility otherwise imposed by law fa-damage to persons or
property; nor shall the issuance of any permit hereunder serve to impose any
liability on the City of Lino Lakes or its officers or employees for injury or damage
to persons or,property.A permit ussed pursuant to this Ordinance shall not relieve
the permitlee of the responsibility for complying with any other requirements
established by law,ordinance or regulation.
ORDINANCE N0.66 b. Penally.Any person who violates the provisions of this Ordinance shall be
CITY LINO LAKES subject to such penalty as is authorized by Section 9 of Ordinance No.56 of the City
C of Linn Lakes.
OUNTY OF ANOKA
c.Sever ability, if any part of(his Ordinance is held to l unconstitutional or
STATE OFMINNESOTA
otherwise illegal,the remainder of this Ordinance shall he dee emed and held to be
AN ORDINANCE RELATIVE TO CONSTRUCTION ON RESTRICTIVE SOILS, valid and remain in force and effect as if such portion had no( been included
The City Council of the City of Lino Lakes,Anoka County,Minnesota ordains: herein.If this Ordinance or any provision herein is held to be inapplicable to any
66.1 Legislative Findings and Purpose person,properly or work,such holding shall not affect the applicability hereof to
a.The city of Lino Lakes finds that areas within the City of Lino Lakes aye any other person's property or work.
characterized by certain soil types, slopes, and water levels which, without d.Variance.The City Council may authorize in specific cases,following appeal
proper corrective action, are unsuitable for devleoprnenl; inapproppriate and hearing,a variance from the provisions of this Ordinance where the literal
development in these areas increases soil erosion and sedinio nlalioh, tine In
application of this Ordinance would result in a substantial inequitable hardship to
lroduclion of toxic materials into ground water, encourages pollution, destroys an applicant property owner.In assessing hardship,the City Council shall balance
ecological and natural resources, and requires expenditures of Ipublic. funds In the severity of the physical,social and economic effects of(he literal application
correct deficiencies; thereby acting to the deirimenl of the health, safety, and against the interests of the City of Lino Lakes in effecting the purposes of(lie lhis
welfare of the citizens of the City of Lino Lakes 'Therefore,the purposes of this Ordinance as expressed above Economic consideralions alone shall not constitute
Ordinance,are: a hardship if a reasonable use for the property exists under the terms of this Or-
b.To provide for the regulation of development on restrictive soils in such a way dinance.No variance may he granted which would allow any use that is prohibited
as to minimize the risk of environmental dama�c and to protect private or the znr,ing district in which l:he subject property is lasted A Variance=hall be
homeowners and governmental units from incurring high maintenance and capital pranlcd in writing accompanied by specific findings of fact as to the necessity for
costs resulting from the necessityy to correct(leticiencies encountered is a resultof t}ne granling of theyar)ance indl its specific provisions.
development on poorly suited soils. 66.l I APPL:NDIXA.
66.2 District Boundaries The Following data,descriptions and definitions shall be known as"APPENDIX
This Ordinance shall apply to restritaive soils types as described and defined in A,,of this Ordinanrn
Appendix A herein and which soils districts are as a guideline. specifically I.Soils With Very Severe'Limitations
delineated on the off ual Sail Resource Guidvof the City of Linn I akrs prepared hp
the Anoka Soil and Water Conservation District.For purposes of determining the A.Very Wet ,,)its
application of this Ordinance to any particular parcel of land said Sol Resource IKA 971
Guide shall be on fill, in the office of the Oily Clerk-Treasurer mid shall be Uhoto Photo
n-ailable fur inspu(un area copvirig during regular office hours of such Clerk- Rase lkvie hnmec
Treasurer; however, rI reasonable fee for copies mane by the Clerk I rcrwurer 20 Af M xeel Alluvial land freq.
shall he charged,which fee shall beset by the Council by resolution from time to I luod,d
time 53 Me Marsh
66.3 Definitions 75 Lg - Ln:miy wetand
a.Development-(he construction,his,ta flat ion or alteration of any structure,(lie 540 p ,Se of �dvilie muck
extraction,clearing or offer alternation of terrestrial or aqu itrc vegetation,land 541 Rf Rnflo murky peal
or the course current or cross section of any water body or water course or the 543 Ma Markey muck
division of land into two or more parcels. 544 Cb C301ITmuck
b. Dimensional Requirement - minimum and maximum setbacks, yard 545 Ru Rondcau muck
requirements, or structure height or size restriclinns established in zoning or 551 Mk Millerville mucky peat
dinance No.56,and any amendments thereto 161 Iw Isanlifinesandyloam
c.Person-any individual,firm,corporation,partnership,association or other 13 Very Slow Permeability
privateorgovernmhentalentit.v 551 Mk Millerville mucky peat
d.Structure anything manufactured,cotslrucled or erected which is normally C.Soils With High Shrink-Swell Potential
attached to or positioned on land,including portable sti uctures. 540 Sc Seeleyvillemuck
e. Very wet soils - soils located where the water table is permanently or 541 Rf Rlflemuckypeat
seasonably three feel or Tess from the ground surface,including those listed at LA 545 Ru Rondcau muck
in Appendix A hereof. 551 Mk Millerville mucky peat
f-Wet soils-soils located where the water table is permanently or seasonably 3- D.Soils With High Frost Action Potential
5 feel from the ground surface including those listed at ILA in Appendix A hereof, 53 Me Marsh
g.Soils with very slow permeability-soils which have a permeability rate below 540 Se Seeleyville muck
120 minutes per inch,including those listed at LB in Appendix A hereof. 541 Mk Millerville mucky peat
h Soils with slow permeabilit}--soils which have a permeabihl}rate between 60 543 Ma Markey muck
and 120 minutes per ouch,including those listed at ILB in Appendix A lher eof, 545 Ru Rondeau muck
i.Soils with high shrink-swell potential-soils which are susceptible to changes in 551 Mk Millerville mucky petit
Physical volume when moistened including those soils listed at 1 C'in Appendix A E.Very Steep Slopes—All soils grouped in the Anoka County Soil Survey in the
hereof. slope classes D,E,and F.
j.Soils with high frost action potential-soils which are susceptible to changes in 11.Soils with Marginal Limitations
volume during periods of frost including those soils listed at i.D in Appendix A A.Wet Soils
hereof. 1975
k.Ver stee slo es-slo es of over 18% includin all soils rou ed in Anoka Cla Class-
County y P P P g grouped Class- Class-
County Soil Survey Slope Classes D,E,F. ification ificalioh Name
1.Sleep slopes-slopes between 12 and 18%including all soils grouped in Anoka 85 Lh Lake beach
County Soil Survey Slope Class C. 113 W'b Webster loam
an,Soils with high side seepage potential-Souls of the fragipan nature including III Ge Glencoe loam
those soils listed at ILD in Appendix A hereof. 123 Du Dundus loam
66.4 Restrictive Soils Permit 161H Kir Kratka loamy fine sand
a.Except as hereinafter provided in Lhis Ordinance,no person shall perform any 162 Ln Lino loamy fine sand
development in a Very Severe Limitation Soils District without first having ob 170 Bar Blomfordloamvfinesand
tained a RESTRICTIVE SOILS PERMIT (hereinafter called permit) from the 185 I'll Lake beachesloaniy
City of Lino Lakes 224 No Nowern sandy loam
b.Any person intending to perform any developpment in a Marginal Limitation B.Slow Permeability
Soils District shall be advised of this problem at llie time that the person appplies 113 WI) Webster loam
for a Building Permit A stamp indicating the potential soils problei will h,at- 123 Du Dpndnaloam
Cached to the building permit as a warning to and agreement by the land owner, 152 Kin Kingsley fine sandy loam
c The person performing the development shall present soil borings, i percolation C.Soils with High Frost Action Potential
test,and depth to water table determination by a professional engineer, egistered 544 Cb Calhro muck
in the State of iylinne.sota and knowledgeable in soils and boil mechanicv for review D.Soils with High Side Seepage Potential
and recommendation of special provisions to overcome soil hrnilahons.Any other 152 Kin Kingsley fine sandy loam
qualified person or firn knowledgeable with Slate of Minnesota Department of 170 Bin Blonifordloamysand
Health codes and;or regulations regarding percolation data and depth of water 179 I.g Langola Inamysand
fable may perform such tests Such engineer or person or firm so qualified shall E Sleep Slopes
prepare his or its findings and recommendalinns in writing,which shall be su6-
mitled by the applicant to the City Clerk Treasurer.The provisions of this sub- All soils grouped in the Anoka County Soil Survey in the
section shall apply to both subsections a. and b, above. The results of the tests slope class"C
required by this subsection shall be recorded upon forms to be approved by the 66A2 EFFECTIVE DATE.
City Council,which fornhs shall be sugFlied by the CityClerk-Treasurer and when This Ordinance shall be in full force and effect from and after its adoption and
completed such forms shall be filed",it fill,,City Clerk-Treasurer.. publication as provided fly law,
665 Exceptions Passed by the City council of the City of Lino Lakes,Anoka County,Minnesota
The permit requirements established h)thm Ordinance shall not apply to: this 8thdayof August,1977
n
] Emergency work necessary to presec life or property. When ATTEST
emergency isi Edna L.Sarner /s/William t.Bohjanen
work Is performed under this section, the person performing It shall report the
pertinent facts relating In the work In the engincer (or City Building Inspector) Edna L.Sarner,Clerk-Treasurer William I.Bohjanen,Mayor
prior to the commencement of the work.The City Engineer or City Building III- _i('iTY SEAL.)
speclor shall review the facts and determine whether or not an emergency exists
and shall, by written memorandum, authorize the commencement of the iPublishedin[lie ForesLLakeTinhes August 11.19771
cmergenry exec plinn_The person commencing emergency work shall, ithin ten ,
days fnllowing t ie commencement of that activity,apply for the issuanc e of a
estrictive soils development permit and on the issuance thereof maybe required
to perform such work as is determined to be reasonably necessary to fulfill the
purposes of this Ordinance.
2.Development consisting of the corrective alteration,repair or maintenance of
any lawful use of land existing on the date of adoptionof this Ordiance
66.6 Application for and Processing o[Permit
a.A separate application fora permit shall be made to the City of Lino Lakes-for
each development for which a permit is required except that only one application
need be made for two or more such acts which are to be done contem ioraneously
on the same parcel The application shall include a map of the site and delineation
of the soils round in the site along with a plan and cost estimate of the proposed
development and such other engineering data surveys and other information and
material as the City may require in order to determine the effects of such
development on the affected land and the suitability of the soils for said develop-
ment When proposed development includes construction or alterations of
structures,two sets of plans and specifications for such work shall be submitted
with the application along with detailed drawings of any special foundation
structures and/or special provisions for onsite sewage disposal.
b The permit application shall be processed in accordance with the procedures
specified for the processing of conditional or special use permits as set forth in
Section 5.04 of Ordinance No 56,of the City of Lino Lakes,and the permit may be
processed at the same lime and in connection with an application for a ouuoing
permit or any other required permit to be granted by ordinance of the('try of Lino
Lakes District Zoning Code,Ordinance No.56.
66.7 Permit Standards.
a-No permit shall be Issued unless the CSLy of Lino Lakes finds and determines
that the proposed development complies with the following requirements:
1 No on-site sewage disposal systems shall be permitted on very wet soils,soils
with very slow permeability unless the permit ap fica'nt proves that a con-
ventional soil system will be successfully modified, installed and maintained
such that the restrictive conditions will be overcome
2. No commercial or industrial development shall be permitted on very steep
slopes.
3.No residential development shall be permitted on very wet soils,soils with
high shrink-swell or frost potential or very sleep slope unless the applicant proves
the construction techniques capable of overcoming the restrictive condition will
be utilized.