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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. -1- 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. -2- 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. -3- 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. -4- (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. -5- (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. -6- (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 -7- 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. -8- (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 -9- - 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. -10- 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. -11- (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 -12- 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 -13- 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 -14- 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 -15- 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. -16- 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. -17- 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. -18- 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. -19- 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 -20- 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. -21- 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 -22- 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. -23- 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. -24- 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. -25- 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. -26- 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. -27 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 -28- (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 -29- 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 -30- 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 -31- 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. -32- (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. -33- (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 -34- 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 -35- 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. -36- (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 -37- 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. -38- 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.