HomeMy WebLinkAbout1983-002 Council Ordinances DRAFTZONING ORDINANCE
CITY OF LINO LAKES, MINNESOTA
December 1982
Revised March 1983
Barton-Aschman Associates, Inc.
1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421
MEMORANDUM TO: City Council
City of Lino Lakes
FROM: William Short
DATE: May 24, 1983
SUBJECT: PROPOSED ZONING ORDINANCE REVISIONS
On Friday, May 20th, I discussed the proposed Zoning Ordinance Update with Bill
Hawkins, the City Attorney. This memorandum summarizes the issues that we discussed
and our recommendations as to refinements to the ordinance. Most of the suggested
revisions are simply clarifications and refinements.
1. Section 1005.4 Subdivision 19 (page 26). We refer to Mobile Homes in this general
regulation. We need to differentiate between this Mobile Home reference and
manufactured housing in general. Therefore, we need a definition from Mobile
Homes which differs from manufactured housing. The following definition is
proposed for Mobile Homes.
Mobile Homes. - A single-family detached dwelling unit or other structure designed
for year around occupancy constructed at a factory or assembly plant and drawn to
the sight on a permanently attached undercarriage and wheels. Mobile homes
should not include all types of manufactured homes as defined herein.
2. Section 1005.04 Subdivision 34. Meets and Bounds Conveyences—Building Permits
(page 33). This general regulation requires that individuals intending to build on
lands conveyed by meets and bounds must meet certain submission and review
requirements and development standards. This provision is intended primarily to
protect the city from meets and bounds subdivisions of many lots. However, the
city has experienced a number of applications for building permits for single lot
splits of ten acres in the rural area. The provisions of this subdivision 34 are not
intended to apply to this situation. Therefore, I recommend the following be added
to the end of this subdivision on page 34.
(3) The city may waive the above requirements for lot splits of ten acres or more
which are not part of a larger planned subdivision and providing that the
city's parkland dedication requirement is satisfied and that street, utility and
drainage easements or rights -of -way are provided as necessary.
Barton-Aschman Associates, Inc.
Note:
There appears to be a slight conflict between this section and 1001.23 of the
Subdivision Regulations which prohibits conveyence of land by meets and bounds
and parcels of less than 20 acres. This should be addressed and resolved in the
subdivision regulations.
3. Section 1005.05, Sudividion 3, Amendments and Rezonings. The procedures
established for amendents and rezoning should have the following item added after
number (6).
(7) Notice for the purpose, time and place of such public hearing shall be
published in the official newspaper of the city and mailed to the appropriate
property owners at least ten days prior to the public hearing.
4. Section 1005.05, Subdivision 4, Site and Building Plan Review, (page 42). It is felt
that the city may want to have some guarantee that the applicant for site and
building plan review construct what is agreed upon in the review process. This
could be done in a number of ways. The following is recommended.
(C) The applicant or the owner of the land affected by such sight and building
plan review shall submit to the city at the time of site and building plan
review application an amount not to exceed one percent of the overall
construction value of the property. The applicant shall upon completion of
site and building plan review, submit to the city an agreement that they will
cause all improvements called for in the site and building plan review to be
completed within the time specified by the city. Performance of such
contracts shall be secured by the amount submitted at application.
5. Section 1005.05, Subdivision 5, Conditional Use Permits, (page 45). The scheduling
and notice of Public Hearing should be amended in this section to add the
following:
(F) A Public Hearing on the conditional use permits shall be held by the Planning
Commission or the City Council.
(G) Notice of the purpose, time and place of such Public Hearing shall be
published in the official newspaper of the city and mailed to property owners
within 350 feet of the property in question at least ten days prior to the
Public Hearing.
(K) Conditional Use Permits --Filing. Following approval of the Conditional Use
Permit a certified copy thereof including legal description of the property
shall be filed with the County Recorder and/or Registrar of Title.
6. Section 1005.05, Subdivision 7, Variances and Appeals, (page 47). The following
should be added to the end of this subdivision.
(C) Following approval of the variances a certified copy thereof including a legal
description of the property shall be filed with the County Recorder or
Registrar of Title.
Barton-Aschman Associates, Inc.
7. Section 1005.10, Penalty Section. It is recommended that this section not include
specific penalties but rather leave the general intent of this section and tie it into
state law. Therefore, this section should be changed to read as follows.
Whoever in any manner violates or fails to comply with any of the terms of this
ordinance shall be guilty of a misdeamor and upon conviction thereof shall be
punished according to state law and shall define together with the costs of
prosecution. Each day that a violation exists shall be considered as a separate
violation.
TABLE OF CONTENTS
1005. Zoning
Page
1
1005.01. Title 1
1005.02. Intent and Purpose 1
1005.03. Rules and Definitions 3
Subd. 1. Rules 3
Subd. 2. Definitions 3
1005.04. General Provisions 17
Subd. 1. Application of this Ordinance 17
Subd. 2. Separability 17
Subd. 3. Nonconforming Uses and Structures 17
Subd. 4. Home Occupations 18
Subd. 5. Lot Provisions 19
Subd. 6. Accessory Buildings and Structures 20
Subd. 7. Required Yards and Open Space 22
Subd. 8. Height 22
Subd. 9. Front Setbacks 23
Subd. 10. Zero Lot Lines - Side and Rear Setbacks 23
Subd. 11. Setbacks Adjacent to Residential Areas 23
Subd. 12. Setbacks Along Thoroughfares 23
Subd. 13. Permitted Encroachments 23
Subd. 14. Vacated Streets 24
Subd. 15. Residential Design Standards 24
Subd. 16. Areas without Sanitary Sewer 25
Subd. 17. Quasi -Public Structures 26
Subd. 18. Dwelling Units Prohibited 26
Subd. 19. Use and Parking of Mobile Homes, Travel
Trailers and Similar Vehicles for Business
and Industry 26
Subd. 20. Parking and Storage of Motor Homes and
Travel Trailers 26
Subd. 21. Temporary Parking of Recreational Vehicles 26
Subd. 22. Relocated Structures 26
Subd. 23. Exterior Storage 26
Subd. 24. Refuse 27
Subd. 25. Screening 27
Subd. 26. Landscaping 27
Subd. 27. Access Drives and Access 28
Subd. 28. Fences and Walls 28
Subd. 29. Tennis Courts 29
Subd. 30. Swimming Pools 30
Subd. 31. Drainage 32
Subd. 32. Land Reclamation and Land Grading 32
Subd. 33. Farming Operations 33
Subd. 34 Metes and Bounds Conveyances - Building
Permits 33
TABLE OF CONTENTS (Continued)
1005.05. Administration
Page
37
Subd. 1. Administrator 37
Subd. 2. Duties of the Zoning Official 37
Subd. 3. Amendments and Rezonings 37
Subd. 4. Site and Building Plan Review 38
Subd. 5. Conditional Use Permits 42
Subd. 6. Certificate of Occupancy 45
Subd. 7. Variances and Appeals 46
1005.06. District Provisions 49
Subd. 1. Districts 49
Subd. 2. "R" Rural District 50
Subd. 3. "AgP" Agriculture Preservation District 53
Subd. 4. "E-R" Expansion Residential District 56
Subd. 5. "R-1" Single -Family Residential District 58
Subd. 6. "R-2" Two -Family District 60
Subd. 7. "R-3" Medium Density Residential District 62
Subd. 8. "R-4" High Density Residential District 65
Subd. 9. "R-5" Planned Unit Development (PUD) District 69
Subd. 10. "R-6" Manufactured Home Park District 76
Subd. 11. "R-7" Manufactured Home Subdivision District 82
Subd. 12. "NB" Neighborhood Business District 86
Subd. 13. "LB" Limited Business District 88
Subd. 14. "SC" Shopping Center District 90
Subd. 15. "GB" General Business District 93
Subd. 16. "LI" Light Industrial District 96
Subd. 17. "GI" General Industrial District 99
Subd. 18. "PSP" Public and Semi -Public District 102
1005.07 Airport Zoning 105
1005.08. Parking for All Zoning Districts 109
1005.09. Repeal or Amendment of Prior City Ordinances 117
1005.10. Penalty Section 117
1005.11. Effective Date 117
ii
1005. Zoning
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 City of Lino Lakes and for the purpose of
promoting the public health, safety, order, convenience, prosperity and general
welfare in said city, and for said purpose, to divide the city into districts, and make
different regulations for different districts, and amending or repealing all or parts
of certain city ordinances.
The City Council of the City of Lino Lakes does ordain as follows:
1005.01. Title. This Ordinance shall be known, cited and referred to as the
CITY OF LINO LAKES ZONING ORDINANCE
except as referred to herein, where it shall be known as "this Ordinance."
1005.02. Intent and Purpose. This Ordinance is adopted for the purpose of:
(1) Protecting the public health, safety, morals, comfort,
convenience and general welfare.
(2) Dividing the City of Lino Lakes into zones and districts
restricting and regulating therein the location and use of struc-
tures and land and lot size.
(3) Promoting orderly development of the residential, business, indus-
trial, recreational and public areas.
(4) Providing adequate light, air, and convenience of access to
property.
(5) Limiting congestion in the public rights -of -way.
(6) Preventing overcrowding of land and undue concentration of
structures by regulating the use of land and buildings in relation
to the land and buildings surrounding them.
(7) Providing for the compatibility of different land uses and the
most appropriate use of land throughout the City of Lino Lakes.
(8) Protecting and guiding the development of the rural area.
(9) Conserving and developing natural resources.
(10) Fostering agriculture and other industries.
(11) Preventing a wasteful scattering of population.
(12) Securing safety from flood.
(13) Reducing waste and municipal maintenance cost from excessive
mileage of roads.
(14) Conserving the natural and scenic beauty and attractiveness of
roadsides and lakeshores.
(15) Providing for the administration of this Ordinance and amend-
ments thereto.
(16) Defining the powers and duties of the administrative officers and
bodies, as provided hereinafter.
(17) Prescribing penalties for the violation of the provisions of this
Ordinance or any amendment thereto.
... 1005.03. Rules and Definitions.
Subdivision 1. Rules. The language set forth in the text of this
Ordinance shall be interpreted in accordance with the following rules of construc-
. tion:
(1) The singular number includes the plural, and the plural the
singular.
(2) The present tense includes the past and future tenses, and the
future the present.
(3) The words "shall" and "will" are mandatory, and the word "may" is
permissive.
(4) Whenever a word or term defined hereinafter appears in the text
of this Ordinance, its meaning shall be construed as set forth in
such definition thereof.
(5) The masculine gender includes the feminine and neuter genders.
(6) All measured distances expressed in feet shall be to the nearest
tenth of a foot.
(7) In event of conflicting provisions, the more restrictive provision
shall apply.
Subd. 2. Definitions.
(1)
Accessory Structure - A structure detached from a principal
building on the same lot and customarily incidental and subordi-
nate to the principal building or use.
(2) Accessory Use - A use of land or of a building or portion thereof
customarily incidental and subordinate to the principal use of the
land or building and located on the same lot with such principal
use.
(3) Addition - A structure added to the original structure at some
time after the completion of the original.
(4) Adjoining Lot or Land - A lot or parcel of land which shares all
or part of a common lot line with another lot or parcel of land.
(5)
Aesthetic - The perception of artistic elements, or elements in
the natural or man-made environment which are pleasing to the
eye.
(6) Agricultural Farm Building. An accessory building used or
intended for use on an active commercial food producing farm
operation of more than ten (10) acres. A Minnesota Pollution
Control Agency Permit may be required.
(7)
Agriculture - The production, keeping or maintenance, for sale,
or personal use, of plants and animals useful to man, including
but not limited to: forages and sod crops; grains and seed crops;
dairy animals and dairy products, poultry and poultry products;
livestock, including beef cattle, sheep, swine, horses, ponies,
mules, or goats, or any mutations or hybrids thereof, including
the breeding and grazing of any or all of such animals; bees and
apiary products; fur animals; trees and forest products; fruits of
all kinds, including grapes, nuts and berries; vegetables; nursery,
floral, ornamental and greenhouse products; or lands devoted to
a soil conservation or forestry management program.
(8) Airport - A place where aircraft can land and take off, usually
equipped wth hangars, facilities for refueling and repair, and
various accommodations for passengers.
(9) Airport, Private Use - Airports which are intended for use by
certain individuals or associations and not to the public.
(10) Amusement Facility - An outdoor area or structure, open to the
public, which contains coin operated games, and similar enter-
tainment and amusement devices.
(11) Apartment Unit - One or more rooms with private bath and
kitchen facilities comprising an independent self-contained
dwelling unit in a building containing more than two dwelling
units.
(12) Automobile Service Station - Any building, land area or other
premises, or portion thereof, used or intended to be used for the
retail dispensing or sales of vehicular fuels; and including as an
accessory use the sale and installation of lubricants, tires,
batteries and similar accessories.
(13) Base Map - A map having sufficient points of reference, such as
state, county or municipal boundary lines, streets, easements,
and other selected physical features to allow the plotting of
other data.
(14) Basement - Any floor level below the first story in a building,
except that a floor level in a building having only one floor level
shall be classified as a basement unless such floor level qualifies
as a first story as defined herein.
(15) Bay - A part of a building projecting from the main part.
(16) Boarder - An individual other than a member of the family
occupying the dwelling unit or a part thereof who, for a
consideration, is furnished sleeping accommodations and may be
furnished meals or other services as part of the consideration.
(17) Boarding House - A dwelling or part thereof, in which lodging is
provided by the owner or operator to more than three boarders.
(18) Boarding Stable, Commercial - The business of boarding horses
for fee for persons not residing on the premises and may include
instruction, exhibition and sale of horses.
(19) Buildable Land - Land area occurring within the property lines of
a parcel or lot excluding drainageways, wetlands, water bodies,
parklands, easements, road rights -of -way, and slopes in excess of
18 percent.
(20) Building - Any structure having a roof supported by columns or
walls and intended for the shelter, housing or enclosure of any
individual, animal, process, equipment, goods or materials of any
kind or nature.
(21) Building Coverage - The horizontal area measured within the
outside of the exterior walls of the ground floor of all principal
and accessory buildings on a lot.
(22) Building Height - The vertical distance of a building measured
from the average elevation of the finished grade within twenty
feet of the structure to the highest point of the roof.
(23) Building, Principal - A building in which is conducted the
principal use of the lot on which it is located.
(24) Commercial Agriculture - The use of land for the growing and/or
production of field crops, livestock, and livestock products for
the production of income including but not limited to the
following:
(A) Field crops, including: barley, soy beans, corn, hay, oats,
potatoes, rye, sorghum, and sunflowers.
(B) Livestock, including: dairy and beef cattle, goats, horses,
sheep, hogs, poultry, game birds and other animals including
dogs, ponies, deer, rabbits and mink.
(C) Livestock products, including: milk, butter, cheese, eggs,
meat, fur and honey.
(25) Commercial Use - Activity carried out for monetary gain.
(26) Community Association - A homeowners association organized to
own, maintain, and operate common facilities and to enhance
and protect their common interests.
(27) Conditional Use - A land use or development that may not be
appropriate generally within a certain district but may be
allowed in that district with appropriate restrictions, conditions
or limitations as imposed by the City Council.
(28) Conditional Use Permit - A permit issued by the City Council in
accordance with the procedures specified within this Ordinance
as a device to enable the City Council to assign conditions to a
proposed use or development after consideration of the adjacent
land uses and the special characteristics which the proposed use
presents.
(29) Condominium - A building, or group of buildings, in which units
are owned individually, and the structure, common areas and
facilities are owned by all the owners on a proportional,
undivided basis.
(30) Condominium Association - The community association which
administers and maintains the common property and common
elements of a condominium.
(31) Construction - To construct, to build, devise, or put together
systematically. (Source: Websters New World Dictionary of the
American Language)
(32) Critical Area - An area with one or more of the following
characteristics: (1) slopes in excess of twenty percent; (2)
floodplain; (3) soils classified as having a high water table; (4)
soils classified as highly erodible, subject to erosion; (5) land
incapable of meeting percolation requirements; (6) land formerly
used for landfill operations or hazardous industrial use; (7) fault
areas; (8) stream corridors; (9) estuaries; (10) mature stands of
native vegetation; (11) aquifer recharge and discharge areas.
(33) Density - The number of families, individuals, dwelling units, or
housing structures per unit of land. In this Ordinance, it shall
mean number of dwelling units per acre of buildable land.
(34) Detached Domesticated Farm Animal Building. A one-story
accessory building used or intended for the shelter of domestic
farm animals and/or related feed or other farm animal
supportive materials. Said building shall require a Minnesota
Pollution Control Agency Feedlot Permit, and shall not exceed
one thousand (1,000) square feet in gross area on a parcel of
between two and one-half (2-1/2) and ten (10) acres.
(35) Detached Garage. A one-story accessory building used or
intended for the storage of motor driven passenger vehicles with
a maximum gross area of seven hundred sixty (760) square feet.
Access doors or other openings shall not exceed ten (10) feet in
height.
(36) Detached Outdoor Living Area - A flat surfaced seasonal outdoor
room intended for casual human use which may be screened but
may not have permanent structural walls or be covered by a
permanent roof.
(37) Detached Rural Storage Building. A one-story accessory building
used or intended for the storage of hobby tools, garden equip-
ment, workshop equipment, boats, snowmobiles, etc. The gross
area of said building shall not exceed one thousand (1,000) square
feet in gross area on a parcel between two and one-half (2-1/2)
and ten (10) acres and not more than one thousand five hundred
(1,500) square feet in gross area on a parcel greater than ten (10)
acres.
(38) Development - The division of a parcel of land into two or more
parcels; the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any structure; any
mining, excavation, landfill or land disturbance, and any use or
extension of the use of land.
(39) Dormitory - A building used as group living quarters for a
student body or religious order as an accessory use for a college,
university, boarding school, orphanage, convent, monastery or
other similar institutional use.
(40) Drainage - The removal of surface water or groundwater from
land by drains, grading or other means which include runoff
controls to minimize erosion and sedimentation during and after
construction or development, the means for preserving the water
supply and the prevention or alleviation of flooding.
(41) Drainage System - Any natural or artificial feature or structure
used for the conveyance, drainage, or storage of surface and/or
underground water, including, but not limited to, streams, rivers,
creeks, ditches, channels, conduits, gulleys, ravines, washes,
lakes or ponds and structures such as culverts, drainage tile,
dams, bridges and water storage basins.
(42) Drainageway - Any natural or artificial watercourse, trench,
ditch, swale or similar depression into which surface water
flows.
(43) Drive -In Restaurant - A building or portion thereof where food
and/or beverages are sold in a form ready for consumption and
where all or a significant portion of the consumption takes place
or is designed to take place outside the confines of the building,
often in a motor vehicle on the site.
(44) Drive -In Use - An establishment which by design, physical
facilities, service, or by packaging procedures encourages or
permits customers to receive services, obtain goods, or be
entertained while remaining in their motor vehicles.
(45) Driveway - A private roadway providing access for vehicles to a
parking space, garage, dwelling or other structure.
(46) Dwelling - A structure or portion thereof which is used exclu-
sively for human habitation.
(47) Dwelling, Efficiency - A dwelling unit consisting of not more
than one habitable room together with kitchen or kitchenette
and sanitary facilities.
(48) Dwelling, Multiple -Family - A structure containing more than
two dwelling units.
(49) Dwelling, Non -farm - A single-family dwelling located on a farm
or otherwise which is not a farm dwelling.
(50) Dwelling, Single -Family Detached - A dwelling which is designed
for and occupied by not more than one family and surrounded by
open space or yards and which is not attached to any other
dwelling by any means.
(51) Dwelling, Townhouse - A one -family dwelling in a row of at least
three such units in which each unit has its own front and rear
access to the outside, no unit is located over another unit, and
each unit is separated from any other unit by one or more
common fire resistant walls.
(52) Dwelling, Two -Family - A structure containing two dwelling
units, each of which is totally separated from the other by an
unpierced wall extending from ground to roof or an unpierced
ceiling and floor extending from exterior wall to exterior wall,
except for a common stairwell exterior to both dwelling units.
(53) Dwelling Unit - One or more rooms, designed, occupied or
intended for occupancy as separate living quarters, with cooking,
sleeping and sanitary facilities provided within the dwelling unit
for the exclusive use of a single family maintaining a household.
(See Housing Unit.)
(54) Easement - A grant of one or more of the property rights by the
property owner to and/or for the use by the public, a corporation
or another person or entity.
(55) Existing Use - The use of a lot or structure at the time of the
enactment of a zoning ordinance.
(56) Family - An individual or two or more persons related by blood
or marriage or of not more than five (5) persons (excluding
servants) who need not be related by blood or marriage living
together in a dwelling unit.
(57) Farm - Real property used for commercial agriculture or horti-
culture comprising at least 40 contiguous acres and which may
contain other contiguous or noncontiguous acreage, all of which
is owned and operated by a single family, family corporation,
individual or corporation.
(58) Farm Building - Any building or accessory structure other than a
farm or nonfarm dwelling which is used in a farming operation,
including, but not limited to, a barn, granary, silo, farm imple-
ment storage building or milk house.
(59) Farm Dwelling - A single-family dwelling located on a farm
which is used or intended for use by the farm's owner, a relative
of the owner, or a person employed thereon.
i
(60) Farm, Limited - A limited farm is a food producing use primarily
intended for the use of the residents and on parcels of from one
to ten contiguous acres in size. Limited farming uses may
include the production of crops, such as fruits, vegetables,
flowers, plants, shrubs and trees. Animals and domestic pets
may be allowed subject to the provisions of Ordinances 82 and
65.
(61) Farm Structure - Any building or structure used for agricultural
purposes.
(62) Fast -Food Restaurant - An establishment whose principal
business is the sale of pre -prepared or rapidly prepared food
directly to the customer in a ready -to -consume state for con-
sumption either within the restaurant building or off premises.
(63) Feedlot - A confined area or structure used for feeding,
breeding, or holding livestock for eventual sale in which animal
waste may accumulate but not including barns, pens or other
structures used in a dairy farm operation.
(64) Floor Area, Net - The total of all floor areas of a building,
excluding stairwells and elevator shafts, equipment rooms,
interior vehicular parking or loading; and all floors below the
first or ground floor, except when used or intended to be used for
human habitation or service to the public.
(65) Garage - A deck, building or structure, or part thereof, used or
intended to be used for the parking and storage of vehicles.
(66) 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 renumeration, hire or
sale.
(67) Garage, Storage - Any building or premises used for the storage
only of motor -driven vehicles, pursuant to previous arrange-
ments, not to transients, where no equipment, parts, fuel, grease
or oil are sold and vehicles are not equipped, serviced, repaired,
hired or sold.
(68) Grading Plan - Existing topography and proposed finished grades
with a contour interval of no greater than 2 feet clearly
indicating the relationship of proposed changes to existing
topography and remaining features.
(69) Green Area - Land shown on a development plan, master plan or
official map for preservation, recreation, landscaping or park.
(70) Historic Site - Structure or area of land or water of historic,
archeological, paleontological or architectural value which has
been designated as an historic site in the Federal Register of
historical landmarks, the Minnesota Historical Society, or by a
local governmental unit.
(71) Home Occupation - Any activity carried out for business
purposes by a resident conducted as an accessory use in the
resident's dwelling, and not in an accessory building and which is
clearly incidental and secondary to the residential use of the
premises, and does not change the character thereof.
(72) Homeowners Association - A community association, other than
a condominium association, which is organized in a development
in which individual owners share common interests in open space
or facilities.
(73) Horse Breeding Operation, Commercial - A business for the
purpose of breeding and raising horses and may include scheduled
events such as horse shows, sales and exhibitions.
(74) Horticulture - The use of land for the growing or production for
income of fruits, vegetables, flowers, nursery stock, including
ornamental plants and trees, and cultured sod.
(75) Hotel - A facility offering transient lodging accommodations to
the general public and providing additional services such as
restaurants, meeting rooms, and recreation facilities. (See
Boarding House; Motel; Resort and Tourist Home.)
(76) Individual Sewage Disposal System - A system for the disposal of
sanitary sewage in the ground, which is so designed and con-
structed as to treat sewage in a manner that will retain most of
the settleable solids in a septic tank and discharge the liquid
portion to an adequate disposal field.
(77) Industrial Park - A large tract of land that has been planned,
developed and operated as an integrated facility for a number of
individual industrial uses, with special attention to circulation,
parking, utility needs, aesthetics, and compatibility.
(78) Irrigation System - Any structure or equipment, mechanized or
other, used to supply water for commercial agriculture or horti-
culture, including, but not limited to, wells, pumps, motors,
pipes, culverts, gates, dams, ditches, tanks, ponds, and
reser voirs.
(79) Junkyard - Any area, lot, land, parcel, building or structure or
part thereof used for the storage, collection, processing, pur-
chase, sale or abandonment of wastepaper, rags, scrap metal or
other scrap or discarded goods, materials, machinery or two or
more unregistered, inoperable motor vehicles or other type of
junk.
(80) Livery Stable - The business of keeping horses for the purpose of
renting to the general public for unsupervised riding and/or trail
riding.
(81) Lot - A designated parcel, tract or area of land established by
plat, subdivision, or as otherwise permitted by law, to be used,
developed or built upon as a unit.
10
(82) Lot Area - The total area within the lot lines of a lot, excluding
any street rights -of -way, except for lots five (5) acres in size or
greater which may include up to ten (10) percent of their
minimum lot area in street rights -of -way.
(83) Lot Depth - The mean horizontal distance between the front and
rear lines of a lot.
(84) Lot of Record - A lot which exists as shown or described on a
plat or deed in the records of the local registry of deeds.
(85) Lot Width The horizontal distance between the side lot lines of
a lot measured at the building setback line and parallel to the
front lot line.
(86) Manufactured Home - A manufactured home means a structure,
transportable in one or more sections, which in the traveling
mode is eight body feet or more in width, or forty body feet or
more in length, or, when erected on site, is 320 or more square
feet, and which is built on a permanent chassis and designed to
be used as a dwelling with or without permanent foundation when
connected to the required utilities, and includes the plumbing,
heating, air conditioning, and electrical systems contained
therein; except that the term includes any structure which meets
all the requirements and with respect to which the manufacturer
voluntarily files a certificate required by the Secretary of the
United States Department of Housing and Urban Development
and complies with the standards established under Minnesota
Statute 327 including the Manufactured Home Building Code
adopted therein.
(87) Manufactured Home Subdivision - A subdivision designed and/or
intended for the sale of lots for residential occupancy by
manufactured homes.
(88) Manufactured Home Park - Any site, lot, field or tract of land
upon which two or more occupied manufactured homes are
located, either free of charge or for compensation, and includes
any buildings or structures used or intended for use as part of the
equipment of the manufactured home park.
(89) Manufactured Home Lot - A plot of land for placement of a
single manufactured home within a manufactured home park.
(90) Motel - An establishment providing transient accommodations
containing six or more rooms with at least 25% of all rooms
having direct access to the outside without the necessity of
passing through the main lobby of the building.
(91) Motor Fuel Station - Any building, land area or other premises,
or portion thereof, used or intended to be used for the retail
dispensing or sales of vehicular fuels; and including as an
atroesssitOp, the sale of lubricants,
batteries and similar accessories.
(92) Nonconforming Use - A use or activity which was lawful prior to
the adoption, revision or amendment of a zoning ordinance, but
which fails, by reason of such adoption, revision or amendment,
to conform to the present requirements of the zoning district.
(93) Nuisance - An interference with the enjoyment and use of
property.
(94) Office Building - A building used primarily for conducting the
affairs of a business, profession, service, industry or government,
or like activity, that may include ancillary services for office
workers such as a restaurant, coffee shop, newspaper or candy
stand.
(95) On -Street Parking Space - A temporary storage area for a motor
vehicle which is located on a dedicated street right-of-way.
(96) Open Space - Any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for
public or private use or enjoyment, or for the use and enjoyment
of owners and occupants of land adjoining or neighboring such
open space.
(97) Open Space, Private - Common open space held in private
ownership, the use of which is normally limited to the occupants
of a single dwelling or building.
(98) Open Space, Public - Open space owned by a public agency and
maintained by it for the use and enjoyment of the general public.
(99) Outdoor Storage - The keeping, in an unroofed area of any goods,
junk, material, merchandise, or vehicles in the same place for
more than twenty-four hours.
(100) Parcel - A separate area of land, including a lot, having specific w'
boundaries and capable of being conveyed and recorded.
(101) Parking Lot - An off-street, ground level area, usually surfaced
and improved, for the temporary storage of motor vehicles.
(102) Parking Space - A space for the parking of a motor vehicle —
within a public or private parking area.
(103) Party Wall - A common shared wall between two separate
structures, buildings, or dwelling units.
(104) Permitted Use - Any use allowed in a zoning district and subject
to the restrictions applicable to that zoning district.
(105) Planned Industrial Development - A planned development that
accommodates industrial uses.
(106) Planned Unit Development (PUD) - An area of a minimum
contiguous size, as specified by ordinance, to be planned and
developed as a single entity containing one or more residential
clusters or planned unit residential developments and/or one or
more public, quasi -public, commercial or industrial areas in such
ranges of ratios of nonresidential uses to residential uses as shall
be specified.
(107) Poultry Facility - A confined area or structure used intensively
for raising, feeding, breeding or holding chickens, turkeys and
other poultry for eventual sale or the production of eggs.
(108) Principal Use - The primary or predominant use of any lot.
(109) Professional Office - The office of a member of a recognized
profession maintained for the conduct of that profession.
(110) Quarter Quarter Section - The northeast, northwest, southwest
or southeast quarter of a quarter section delineated by the
United States Government system of land survey and which is
exactly or nearly 40 acres in size.
(111) Recreation Area - A parcel which may include water bodies and
incidental buildings thereto used or intended for active or
passive recreation, including, but not limited to, parks, play-
grounds, golf courses, hunting preserves, polo grounds, nature
trails, bridle paths, beaches, campsites, ski and snowmobile
trails, and canoe routes, provided that parcels on which there are
located stadiums, arenas, bowling alleys, swimming pools, and
other recreational activities conducted primarily in structures
are not recreation areas.
(112) Recreational Vehicle - A vehicular type portable structure
without permanent foundation, which can be towed, hauled or
driven and primarily designed as temporary living accommoda-
tion for recreational, camping and travel use and including but
not limited to travel trailers, truck campers, camping trailers
and self-propelled motor homes.
(113) Relative - Father, mother, brother, sister, son, daughter, son-in-
law or daughter-in-law.
(114) Restaurant - An establishment where food and drink is prepared,
served and consumed primarily within the principal building.
(115) Restrictive Covenant - A restriction on the use of land usually
set forth in the deed.
(116) Retail Services - Establishments providing services or entertain-
ment, as opposed to products, to the general public, including
eating and drinking places, hotels and motels, finance, real
estate and insurance, personal services, motion pictures, amuse-
ment and recreation services, health, educational and social
services, museums and galleries.
(117) Sanitary Land Fill - A site for solid waste disposal.
13
(118) School - Any building or part thereof which is designed, con-
structed or used for educational or instruction in any branch of
knowledge.
(119) School, Parochial - A school supported and controlled by a
church or religious organization.
(120) School, Private - Any building or group of buildings the use of
which meets state requirements for primary, secondary, or
higher education and which use does not secure the major part of
its funding of any governmental agency.
(121) Setback - The distance between the property line and the nearest
line of a building foundation.
(122) Setback Line - That line that is the required minimum distance
from the street right-of-way line or any other lot line that
establishes the area within which the principal structure must be
erected or placed.
(123) Sign - Any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institu-
tion, organization, business, product, service, event or location
by any means, including words, letters, figures, design, symbols,
fixtures, colors, illumination or projected images.
(124) Sign Area - The entire face of a sign including the advertising
surface and any framing, trim or molding, but not including the
supporting structure.
(125) Site Plan - The development plan for one or more lots on which
is shown the existing and proposed conditions of the lot
including: topography, vegetation, drainage, floodplains,
marshes and waterways; open spaces, walkways, means of ingress
and egress, utility services, landscaping, structures and signs,
lighting, and screening devices; any other information that
reasonably may be required in order that an informed decision
can be made by the approving authority.
(126) Soil Conservation Plan - A description of the soils of the site and
information on soil suitability. Also included shall be any
remedial steps taken by the developer to render the soils suitable
and any erosion and sedimentation controls indicating type and
location of control measures. The plan should provide for the
protection of soils during the construction process and/or the
long-term occupancy of the site.
(127) Specialty Shop - A retail store specializing in a specific type or
class of merchandise, such as children's clothes, gourmet foods
or cookware, antiques, etc.
(128) Storage or Tool Shed. A one-story accessory building of less
than one hundred twenty (120) square feet gross area with a
maximum roof height of ten (10) feet.
(129) Story - That portion of a building included between the upper
surface of any floor and the upper surface of the floor next
above, except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor
and the ceiling or roof above. If the finished floor level directly
above a basement or unused under -floor space is more than 6
feet above grade as defined herein for more than 50 percent of
the total perimeter or is more than 12 feet above grade as
defined herein at any point, such basement or unused under -floor
space shall be considered as a story.
(130) Story, First The lowest story in a building which qualifies as a
story, as defined herein, except that a floor level in a building
having only one floor level shall be classified as a first story,
provided such floor level is not more than 4 feet below grade, as
defined herein, for more than 50 percent of the total perimeter,
or more than 8 feet below grade, as defined herein, at any point.
(131) Street, Collector - A street which collects traffic from local
streets and connects with minor and major arterials. See city's
Function Classification System for Roadways contained in the
Comprehensive Plan.
(132) Street, Local - A street designed to provide vehicular access to
abutting property and to discourage through traffic. See city's
Function Classification System for Roadways contained in the
Comprehensive Plan.
(133) Street, Minor Arterial - A street with signals at important
intersections and stop signs on the side streets, and which
collects and distributes traffic to and from collector streets.
See city's Function Classification System for Roadways con-
tained in the Comprehensive Plan.
(134) Structural Alteration - Any change in either the supporting
members of a building, such as bearing walls, columns, beams
and girders, or in the dimensions or configurations of the roof or
exterior walls.
(135) Structure - A combination of materials to form a construction
for use, occupancy, or ornamentation whether installed on,
above, or below the surface of land or water.
(136) Substantial Improvement - Any extension, repair, reconstruction,
or other improvement of a property, the cost of which equals or
exceeds fifty percent of the fair market value of a property
either before the improvement is started or if the property has
been damaged and is being restored, before the damage
occurred.
(137) Swimming Pool - A water -filled enclosure permanently con-
structed or portable having a depth of more than 18 inches,
designed, used and maintained for swimming.
15
(138) Tavern - An establishment used primarily for the serving of
liquor by the drink to the general public and where food or
packaged liquors may be served or sold only as accessory to the
primary use.
(139) Temporary Structure - A structure without any foundation or
footings and which is removed when the designated time period,
activity, or use for which the temporary structure was erected
has ceased.
(140) Terrace - A raised flat area with sloping sides or sides held by
retaining walls, unroofed and landscaped or surfaced.
(141) Topography - The configuration of a surface area showing
relative elevations.
(142) Travel Trailer - A recreation vehicle that is towed by a car or a
truck.
(143) Trucking Terminal - An area and building where cargo is stored
and where trucks load and unload cargo on a regular basis.
(144) Variance - A modification of the strict provisions of this
Ordinance as applied to a specific piece of property in order to
provide relief for a property owner because of undue hardship
imposed upon the property by this Ordinance. A variance shall
normally be limited to height, density and yard requirements. A
modification in the allowable uses within a district shall not be
considered a variance.
(145) Wading Pool - An above -ground or inground structure containing
less than 18 inches of water.
(146) Warehouse - A building used primarily for the storage of goods
and materials.
OMNI
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(147) Warehousing - Terminal facilities for handling freight with or
without maintenance facilities.
(148) Yard - An open space that lies between the principal or
accessory building or buildings and the nearest lot line. Such
yard is unoccupied and unobstructed from the ground upward
except as may be specifically provided in the zoning ordinance.
(149) 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.
(150) 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.
(151) Zero Lot Line - The location of a building on a lot in such a
manner that one or more of the building's sides rests directly on
a lot line.
Smola
1005.04. General Provisions.
Subdivision 1. Application of this Ordinance.
(1)
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.
(2) 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, resolu-
tion, or regulation of any kind, the regulations which are more
restrictive, or which impose higher standards or requirements
shall prevail.
(3) 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) When land is proposed to be annexed to Lino Lakes, a public
hearing shall be held upon the permanent zoning of said land. The
results of the hearing, along with a recommendation, shall be
presented to the City Council. In the event of annexation
proceedings becoming final before the permanent zoning is deter-
mined, the annexed area shall be placed in the most restrictive
district and such classification shall be considered as an interim
step pending permanent classification.
Subd. 2. Separability. It is hereby declared to be the intention that the
several provisions of this Ordinance are separable in accordance with the following:
(1) 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.
(2) 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.
Subd. 3. Nonconforming Uses and Structures.
(1) 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.
(2) No structural alterations shall be made.
(3) When any lawful nonconforming use of any structure or land in
any district has been changed to a conforming use, it shall not
thereafter be changed to any nonconforming use.
17
(7)
(4) Whenever a nonconforming 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 seventy-five percent (75%) or more of its fair market
value (as estimated by City Council or its representatives), in
which case the reconstruction shall be for a use in accordance
with the provisions of this Ordinance.
(5)
Whenever a lawful, nonconforming 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.
(6) Any nonconforming use of open land, that is use of land without
buildings, 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, whereupon such noncon-
forming use shall cease.
Normal maintenance of a building or other structure containing or
related to a nonconforming use is permitted, including necessary
repairs and incidental alterations which do not extend or intensify
the nonconforming use.
(8) A lawful nonconforming use may be changed only to a use that
decreases its nonconformity.
(9)
Alterations may be made to a structure containing nonconforming
residential units when they will improve the livability thereof,
provided they will not increase the number of dwelling units or
expand the existing bulk of structure.
Subd. 4. Home Occupations. The following standards and criteria shall
apply to home occupations in the city.
(1) In All Residential Districts: The following requirements of this
section must be met for all home occupations carried on in any
residential district in the city except for provisions established in
Section (2) of this subdivision.
(A) Permitted home occupations shall not be conducted in any
building on the premises other than the principal building
which is used by the occupant as the private dwelling;
further, not more than one room may be used for such home
occupation purpose. (Applicable to ER, R-1, R-2 and
greater districts.)
(B) The home occupation shall be carried out by a member of
the family residing in the dwelling unit with not more than
one employee who is not part of the family.
(C) The use of mechanical equipment other than is usual for
purely domestic or hobby purposes shall not be permitted.
18
(D) Exterior display of signs except as such are permitted by the
sign regulations for a residential district shall not be
permitted.
(E) There shall be no exterior storage of equipment or materials
used in permitted home occupations.
(F) Permitted occuaptions shall not include any of the
following:
(i) The operation of any wholesale or retail business
unless it is conducted entirely by mail and does not
include the sale, shipment, or delivery of merchandise
on the premises. (This may include delivery services
such as UPS and Federal Express, but no common
freight carriers.)
(ii) More than one chair barber shop or more than one
chair beauty salons or dancing or music schools with
organized classes of more than one pupil at a time.
(iii) Any activity or function which by its nature and/or
effect causes a disturbance to the neighborhood, such
as noise, parking, traffic, etc.
(iv) Home occupations which create a need for more than
three (3) parking spaces at any given time in addition
to the parking spaces required by the occupants shall
not be permitted.
(2) Rural District: Home occupations carried on in the Rural District
and on lots which are ten (10) acres in size or larger may be
allowed to operate within the principal structure or permitted
accessory structure.
(3) Agriculture: Permitted agricultural uses (those in conformance
with all other provisions of this Ordinance) need not meet the
provisions of this subdivision.
Subd. 5. Lot Provisions.
(1) Any lot of record existing at the effective date of this Ordinance
may be used for the erection of a structure if it conforms with
the use regulations of the district in which it is located provided
it satisfies all other appropriate provisions of this Ordinance and
has frontage on a public right-of-way.
(2) Except in Planned Unit Developments, there shall be no more than
one (1) principal building on one lot in all residence districts.
(3) Access to any street shown as a collector or minor arterial
roadway on the City's Thoroughfare Plan shall require review and
comment by the affected agency (Anoka County Highway
Engineer or MnDOT) and City.
(4) The minimum lot size and width requirements established in this
Ordinance shall be computed excluding all roadway and public
with the following exceptions: 5- and 10-acre
lots in the Rural and Expansion Residential districts may include
roadway (to the centerline of a roadway) a s in
calculating such requirements. U ;".- ` �� L„,
Subd. 6. Accessory Buildings and Structures.
(1) Types of Accessory Buildings. Storage or tool sheds; detached
garage; detached rural storage building; detached domesticated
farm animal building; agricultural farm building. Said accessory
buildings are defined as follows:
(A) Storage or Tool Shed. A one-story accessory building of less
than one hundred twenty (120) square feet gross area with a
maximum roof height of ten (10) feet.
(B) Detached Garage. A one-story accessory building used or
intended for the storage of motor driven passenger vehicles
with a maximum gross area of seven hundred sixty (760)
square feet. Access doors or other openings shall not
exceed ten (10) feet in height.
(C) Detached Rural Storage Building. A one-story accessory
building used or intended for the storage of hobby tools,
garden equipment, workshop equipment, boats, snowmobiles,
etc. The gross area of said building shall not exceed one
thousand (1,000) square feet in gross area on a parcel
between two and one-half (2-1/2) and ten (10) acres and not
more than one thousand five hundred (1,500) square feet in
gross area on a parcel greater than ten (10) acres.
(D) Detached Domesticated Farm Animal Building. A one-story
accessory building used or intended for the shelter of
domestic farm animals and/or related feed or other farm
animal supportive materials. Said building shall require a
Minnesota Pollution Control Agency Feedlot Permit, and
shall not exceed one thousand (1,000) square feet in gross
area on a parcel of between two and one-half (2-1/2) and ten
(10) acres.
(E)
Agricultural Farm Building. An accessory building used or
intended for use on an active commercial food producing
farm operation of more than ten (10) acres. A Minnesota
Pollution Control Agency Permit may be required.
(2) One storage or tool shed as defined in this section may be placed .�
on any lot.
IMMO
(3) 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.
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.
No accessory building in an ER, R1 or greater district shall
exceed the height of the principal building except subject to
Section 1005.04 Subd. 8.
Accessory buildings in the ER, R1 or greater Residential districts
must be set back at least five (5) feet from the side lot line and
five (5) feet from the rear lot line.
Accessory buildings shall be finished in a manner that conforms
with the appearance and character of the principal building.
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 city 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, elec-
tricity, and phone shall not be extended to the houseboat.
(9) Ice fishing houses stored on parcels of land during summer months
shall be considered an accessory storage building equivalent to a
storage shed 1005.04 Subd. 6.(1)(A), but cannot be stored in
addition to a storage or tool shed. Ice fishing houses shall meet
the size limitations of Section 1005.04 Subd. 5.(1)(A) and all other
provisions of this Ordinance.
(10) Accessory buildings in the "Business" and "Industry" districts shall
not be closer than ten (10) feet from side and rear lot lines
subject to provisions for abutting residential zone provided herein
(see Section 1005.04 Subd. 18).
(11) No accessory building in a commercial or industrial district shall
exceed the height of the principal building except by Conditional
Use Permit.
(12) A private garage in an ER, RI or greater district shall not be
utilized for business service or industry. Further, that not more
than one-half of the space may be rented for the private vehicles
of persons not resident on the premises. Such garage shall not be
used for more than one commercial vehicle. The gross weight of
such vehicle shall not exceed %WO pounds gross weight.
//
21
(13) Roadside Stands. Seasonal, temporary roadside stands for the sale
of agricultural products shall be permitted if: 1) they are erected
at least 60 feet back from the nearest edge of the roadway
surface, 2) they are used exclusively for the sale of agricultural
products grown in the City of Lino Lakes, and 3) adequate parking
space is provided off the road right-of-way and safe vehicular
access and movements are assured.
(14) Total Number of Accessory Buildings Permitted in Residential
Districts. The following summarizes the maximum number of
accessory buildings allowed in an individual parcel according to
lot size and residential district.
(A)
(B) 2-1/2 to 10 acres
(R or ER District)
(C) Less than 2-1/2 acres
(R, ER or Other
Residential District)
10 acres or greater No requirement
(R or ER District)
One tool shed.
One detached garage (if there is
no attached garage). Maximum
size of 760 square feet.
One Rural Storage Building or
Domesticated Farm Animal
building. Maximum space: 1,000
square feet.
One tool shed.
One detached garage if there is
not an attached garage. Maxi-
mum space: 760 square feet.
Subd. 7. Required Yards and Open Space.
(1) 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.
(2) 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.
(3) In no event shall off-street parking space, structures of any type,
buildings, or other features cover more than sixty-five percent
(65%) of the lot area resulting in less than thirty-five percent
(35%) landscaped area in residential districts.
Subd. 8. Height. The height of structures used for churches, schools,
multiple -family residential structures and similar uses may extend to forty-five
(45) feet in residential districts with non -occupancy structures of greater height
requiring a Conditional 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 (1/2) the sum of the heights of the
two structures. Structures exceeding forty-five (45) feet in height shall require a
Conditional Use Permit in all districts.
22
Subd. 9. Front Setbacks. In an R-1, R-2, R-3 or greater district where
principal buildings on adjoining lots existed at the time of adoption of this
Ordinance have a lesser setback 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 four hundred (400) feet and in no case shall be less than twenty (20)
feet.
Subd. 10. Zero Lot Line - Side and Rear Setbacks. In the R-2, R-3 or
greater districts, all "B" districts and all "I" districts, the side and rear setback
requirements may be excluded provided:
(1) 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.
(2) Setback requirements on adjacent lots are increased to be at least
twice the required minimum setback. The zero lot line approach
shall be allowed only as a part of a larger planned development
where it becomes integral to the overall site plan.
Such exclusion from side and rear setbacks shall be permitted only after
issuance of a Conditional Use Permit.
Subd. 11. Setbacks Adjacent to Residential Areas. Where a business
district is adjacent to a residential district, the minimum building setback from the
lot line shall be thirty-five (35) feet. In the case of the Light Industrial district,
such minimum setback shall be seventy-five (75) feet. In the case of the General
Industrial District, such minimum setback shall be one hundred (100) feet.
Subd. 12. Setbacks Along Thoroughfares. Along streets designated as
Collector or Arterial Roadways in the 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, a one
hundred (100) foot minimum setback from the centerline of all existing thorough-
fares shall be required except in cases where the existing one-half 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.
Subd. 13. Permitted Encroachments. The following shall not be
considered as encroachments on setbacks and height requirements subject to other
conditions hereinafter provided:
(1) In any yards: Post, off-street open parking spaces, flues, belt
course, leaders, sills, pilaster, lintels, cornices, eaves, gutters,
awnings, open terraces, service station pump islands, open
canopies, steps, chimneys, flag poles, ornamental features, open
fire escapes, sidewalks, and fences, except as hereinafter
amended.
(2) In side and rear yards: Fences thirty percent (30%) open, walls
and hedges six (6) 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
23
(3)
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 wn 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.
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 (2-1/2) feet and ten (10) feet above the centerline
grades of the intersecting right-of-way lines.
(4) In rear yards: Recreational and laundry drying equipment, picnic
tables, detached outdoor living rooms, and outdoor eating facili-
ties, provided these are not less than five (5) feet from any lot
line.
(5) Height limitations shall not apply to barns, silos, and other
structures on farms, to church spires, belfries, cupolas, windmills
and solar energy devices, monuments, chimneys and smokestacks,
flag poles, public and private utility facilities, transmission
towers or commercial and private radio broadcasting stations,
television antennae, and parapet walls extending not more than
four (4) feet above the limiting height of the building except as
hereinafter provided.
(6) In any yards: Terraces, steps, exposed ramps (wheelchair),
uncovered porches, decks, 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 side or rear lot line or twenty (20) feet of any front 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 illumi-
nating authorized illuminated signs, or light standards for illumi-
nating 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.
Subd. 14. 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.
Subd. 15. Residential Design Standards. All permitted residential
dwellings in the R, ER, R-1, R-2 districts shall meet the following design criteria:
(1) All structures shall have permanent concrete or treated wood
foundations which will anchor the structure, which comply with
the Uniform Building Code as adopted in the State of Minnesota
and which are solid for the complete circumference of the house.
(2) Sixty (60) percent of a residential structure shall have a minimum
width of 20 feet. Width measurement shall not take into account
24
overhangs or other projections. Such width requirement shall be
in addition to the minimum area per dwelling requirements
established within this Ordinance.
(3) Single-family dwellings other than approved earth sheltered
homes shall have at least a 4/12 roof pitch and shall be covered
with shingles or tiles.
(4) All single-family structures must be built in conformance with
Minnesota Statute 327.31 to 327.35 or the Uniform Building Code
as adopted in the State of Minnesota.
(5) The exterior walls of all single-family residences shall be similar
in appearance to normal wood or masonry residential construc-
tion. Any metal siding upon single-family residence structures
shall have horizontal edges and overlapping sections no wider than
12 inches. Sheet metal siding shall not be permitted in such
districts.
Subd. 16. Areas Without Sanitary Sewer.
(1) In areas without public sanitary sewer, new single-family lots
shall provide at least one (1) acre of buildable land and at least
four (4) feet above the water table with a slope of less than five
percent (5%) and with soils with physical properties and percola-
tion rates suitable for construction of a dwelling and installation
of an on -site disposal system.
(2) In areas without public sanitary sewer, single-family homes may
be allowed to be constructed on existing lots of record less than
five (5) acres in size if it can be shown that said lots can provide a
minimum building area that meets the following requirements.
Buildable, well drained soils with a water table at least four (4)
feet below the surface, large enough to accommodate the single-
family home, one on -site sewage system and one back-up system
and drainfield. Determination of site suitability shall be made by
the Zoning Official or City Engineer.
(3) Two-family and multiple -family developments shall not be per-
mitted in areas without public sewer.
(4) Nonresidential land uses may be permitted in areas without
sanitary sewer only upon issuance of a Conditional Use Permit and
only upon the review and recommendation of the City Engineer
that a properly functioning on -site system can be constructed on
the property.
All subdivisions in areas without public sanitary sewer shall be
designed such that the larger non-sewered lots can be resub-
divided to provide smaller sewered lots when sewer becomes
available in the future. Homes shall be located on these lots so as
to allow for future resubdivisions.
(5)
25
Subd. 17. Quasi -Public Structures. No quasi -public structure shall be
located within the public right-of-way except by permit issued by the City 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.
Subd. 18. Dwelling Units Prohibited. No cellar, garage, tent, travel
trailer, basement with unfinished structure above, or accessory building shall at
any time be used as a dwelling unit. Manufactured homes shall be located in a
manufactured home park approved by the city and the State of Minnesota, and in
accordance with Section 1005.06 Subd. 9 (R-6) of this Ordinance, unless such
manufactured home meets the design criteria for the zoning district within which
it is to be located. No manufactured home which does not comply with the
definition contained herein shall be allowed within the City of Lino Lakes unless
same was located herein at the time of the adoption of this Ordinance.
Subd. 19. Use and Parking of Mobile Homes, Travel Trailer and Similar
Vehicles for Business or Industry. No mobile home, travel trailer, motor home,
camper, or similar vehicle may be used for office, business, industrial manufac-
turing, testing, or storage of items used with or in a business, commercial or
industrial enterprise.
Subd. 20. Parking or Storage of Motor Home or Travel Trailer. One
travel trailer, motor home, camper, or similar vehicle may be parked or stored on a
residential site when used by the family residing in the dwelling on such site. Such
vehicles or items shall have affixed thereto current registration or license plates as
required by law and shall be stored so that same shall meet all side, front and rear
yard setback requirements of the Residential section of this Ordinance and such
parking or storage shall otherwise meet all other requirements of any other city
ordinances and any state laws. None of such parked or stored vehicles or items
shall be connected to any water or sewage disposal system on said residential
property where same is so parked or stored.
Subd. 21. Temporary Parking of Recreation Vehicles. Temporary
parking and occupancy of one recreational vehicle per residential parcel shall be
allowed for nonresidents of Lino Lakes for a maximum of a 14-day period in any
one year if such parking and occupancy otherwise complies herewith. Any such
occupancy as stated in this paragraph shall be only for noncommercial use with no
fee paid to the landowner, occupant or renter.
Subd. 22. Relocated Structures. Before any house or other structure is
moved onto a vacant lot, the Planning Commission shall report to the City Council
whether the structure will be compatible with other development in the area, and
conform to all city codes and ordinances. If the City 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.
Subd. 23. Exterior Storage.
(1) In all residential districts, all personal property shall be stored
within a building or fully screened so as not to be visible from
adjoining properties and public streets, except for the following:
laundry drying and recreational equipment, home heating fuel
26
tanks, stacked firewood, construction and landscaping materials,
and equipment currently (within a period of twelve months) being
used on the premises, agricultural equipment and materials if
these are used or intended for use on the premises, off-street
parking of licensed passenger automobiles and pick-up trucks.
(2) In non-residential districts, all exterior storage shall be screened.
The exceptions are: 1) merchandise being displayed for sale; 2)
materials and equipment currently being used for construction on
the premises; and 3) merchandise located on service station pump
islands.
(3) In non-residential districts, up to three commercial vehicles such
as delivery and service trucks up to 11,075 pounds of gross weight
may be parked in non-residential districts without screening if
such vehicles relate to the principal use. Construction equipment,
trailers, and vehicles over 11,075 pounds shall require screening.
(4) In all districts, the City Council may order the owner of any
property to cease or modify open storage uses including existing
uses, provided it is found that said use constitutes a threat to the
public health, safety, convenience, morals, or general welfare.
Subd. 24. Refuse. In all districts, all waste, refuse or garbage shall be
kept in an enclosed building or properly contained in a closed container designed
for such purposes. The owner of vacant land shall be responsible for keeping such
land free of refuse and weeds.
Subd. 25. Screening. Screening shall be required in residential zones
where: (a) any off-street parking area contains more than six (6) parking spaces
and is within thirty (30) feet of an adjoining residential zone; and (b) where the
driveway to a parking area of more than six (6) parking spaces is within fifteen (15)
feet of an adjoining residential zone.
Where any business or industrial use (structure, parking or storage) is
adjacent to a property zoned residential, that business or industry shall provide
screening along the boundary of the residential property. Screening shall also be
provided where a business, parking lot or industry is across the street from a
residential zone, but not on the side of a business or industry considered to be the
front.
The screening required in this section shall consist of earth mounds,
berms or ground forms; fences and walls; landscaping (plant materials) or land-
scaped fixtures (such as timbers) used in combination or singularly so as to block
direct visual access to an object.
Subd. 26. Landscaping. Landscaping on a lot shall consist of a finish
grade and a soil retention cover such as sod, seed and mulch, or plantings to
protect the soil and aesthetic values on the lot and adjacent property.
In all districts, all developed uses shall provide landscaping from urban
curb and gutter to the road right-of-way lines. This landscaped yard shall be kept
clear of all structures, exterior storage and off-street parking.
27
Landscaping shall be provided and maintained on all required front and
side yards in all developed districts except where pavement or crushed stone is
used for walkways or driveways.
Subd. 27. Access Drives and Access. Access drives may not be placed
closer than five (5) feet to any side or rear lot line. The number, type, and setback
of access drives onto major streets may be controlled and limited in the interests
of public safety and efficient traffic flow.
Access drives onto county roads shall require a review by the County
Engineer. This review shall be acquired prior to the issuance of any building
permits. The County Engineer shall determine the appropriate location, size and
design of such access drives and may limit the number of access drives in the
interest of public safety and efficient traffic flow.
Access drives to principal structures which traverse wooded, steep or
open field areas shall be constructed and maintained to a width and base material
depth sufficient to support access by emergency vehicles. All access drives
(driveways) shall comply with the following standards.
Driveway/Accessway Standards.
(1) Maximum Slopes
(2) Minimum Width
Single Family Detached
Ten feet vertical rise
in 100 horizontal feet.
Ten feet driveway base.
Vegetation should be
cleared to 8 feet on
each side of driveway
centerline from the edge
of the roadway to the
front property line.
Commercial/Multiple Family
Eight feet vertical rise
in 100 horizontal feet.
Ten feet driveway base or
as approved by community
engineer.
(3) Minimum Surface Capable of supporting emergency fire or other heavy
Strength vehicles.
All lots or parcels shall have direct, adequate, physical access for
emergency vehicles along the frontage of the lot or parcel from either an existing
dedicated public roadway or an approved private roadway.
In addition to the required direct physical access along the frontage of
the lot or parcel to the approved public or private roadway, a lot or parcel may
have existing private easement access drives to the lot over adjacent lots or
parcels.
Subd. 28. Fences and Walls. Fences shall require a Building Permit and
shall be permitted in all yards subject to the following:
(1) Prior to issuance of a building permit for any boundary line fence,
abutting property owners shall be notified.
28
apply:
(2) Solid walls (such as masonry construction) in excess of forty-two
(42) inches in height shall be prohibited.
(3) Fences in residential districts may be located in any yard to a
height of four (4) feet, except that a fence up to six (6) feet in
height may be erected from the nearest rear corner of the
principal building to the side and/or rear lot line.
(4) 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 four (4) feet.
(5) Fences located eight (8) feet or more from the rear lot line may
be up to eight (8) feet in height, except that fences for tennis
courts may be up to twelve (12) feet in height with ten (10) foot
setback.
(6) 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.
(7) That side of the fence considered to be the face (facing as applied
to fence posts) shall face abutting property.
(8) No fence shall be permitted on public rights -of -way.
(9) Fences which are ninety percent (90%) open (barb wire, chain link,
woven wire, and other similar type fences) which are for the sole
purpose of containing non -domestic animals are not subject to the
provisions of this Ordinance and do not require a Building Permit.
(10) Fences shall be at least thirty percent (30%) open to provide
space for the passage of air.
Subd. 29. Tennis Courts. In all districts, the following standards shall
(1) A Building Permit shall be required for all tennis courts.
(2) A Conditional Use Permit shall be required for all public, semi-
public, and commercial tennis courts.
(3) An application for a Building Permit or a Conditional Use Permit
shall include a site plan showing the following along with all other
required information.
The size, shape, pavement and sub -pavement materials, the
location of the court, the location of the house, garage, fencing,
septic systems and any other structural improvements on the lot,
the location of structures on all adjacent lots, a grading plan
showing all revised drainage patterns and finished elevations at
the four corners of the court, landscaping and turf protection
around the court, location of existing and proposed wiring and
lighting facilities.
29
(4) Tennis courts shall not be located closer than ten (10) feet to any
side or rear lot line. Tennis courts shall not be located within any
required front yard.
(5) Tennis courts shall not be located over underground utility lines of
any type, nor shall any court be located within any private or
public utility, walkway, drainage or other easement.
(6) Solid tennis court practice walls shall not exceed ten (10) feet in
height. A Building Permit shall be required for said walls. Said
walls shall be set back a minimum of thirty (30) feet from any lot
line.
(7) Chain link fencing surrounding the tennis court may extend up to
twelve (12) feet in height above the tennis court surface eleva-
tion.
(8) Lighting for the tennis court shall be directed toward the tennis
court and not toward adjacent property.
Subd. 30. Swimming Pools.
(1) Single Family: The following shall apply to all pools which are
intended for the use of single-family and two-family dwellings:
(A) A Building Permit shall be required for any swimming pool
with a capacity of over five thousand (5,000) gallons or with
a depth of over three and one-half (3yz) feet of water.
(B) An application for a Building Permit shall include a site plan
showing:
The type and size of pool, location of pool, location of
house, garage, fencing and other improvements on the lot,
location of structures on all adjacent lots, location of filter
unit, pump and wiring indicating the type of such units,
location of back -flush and drainage outlets, grading plan,
finished elevations and final treatment (decking, land-
scaping, etc.) around pool, location of existing overhead or
underground wiring, utility easements, trees, similar
features, and location of any water heating unit.
(C) Pools shall not be located within twenty (20) feet of any
septic tank/drainfield nor within six (6) feet of any principal
structure or frost footing. Pools shall not be located within
any required front or side yard setbacks.
(D) The pool, filter unit, pump heating unit and any noise -
making mechanical equipment shall be located at least
thirty-five (35) feet from any adjacent or nearby residence
and not closer than ten (10) feet to any lot line.
(E) Pools shall not be located beneath overhead utility lines nor
over underground utility lines of any type.
(F) Pools shall not be located within any private or public
utility, walkway, drainage or other easement.
(G) In the case of underground pools, the necessary precautions
shall be taken during the construction to:
(i) Avoid damage, hazards or inconvenience to adjacent
or nearby property.
(ii) Assure that proper care shall be taken in stockpiling
excavated material to avoid erosion, dust or other
infringements upon adjacent property.
(H) All access for construction shall be over the owner's land
and due care shall be taken to avoid damage to public
streets and adjacent private or public property.
(I) Lighting for the pool shall be directed toward the pool and
not toward adjacent property.
(J) A structure or safety fencing of a non -climbable type at
least four (4) feet in height shall completely enclose the
pool, but shall not be located within any required yard areas.
(K) Water in the pool shall be maintained in a suitable manner
to avoid health hazards of any type. Such water shall be
subject to periodic inspection by the local health officer.
(L) All wiring, installation of heating units, grading, installation
of pipes and all other installations and construction shall be
subject to inspections.
(M) Any proposed deviation from these standards and require-
ments shall require a variance in accordance with normal
zoning procedures.
(N) Required structure or safety fencing shall be completely
installed within three (3) weeks following the installation of
the pool and before any water is allowed in the pool.
(0) Drainage of pools into public streets or other public
drainageways shall require written permission of the appro-
priate local officials.
(2) Multiple -Family, Commercial and Public Developments: For
private swimming pools which are intended for and used by the
occupants of a multiple -family dwelling and the guests of the
occupants, or for private and public clubs and organizations, the
following regulations shall be met in addition to those listed
above:
(A) No part of the water surface of the swimming pool shall be
less than fifty (50) feet from any lot line.
(B) No pumps, filter or other apparatus used in connection with
or to service a swimming pool shall be located less than
fifty (50) feet from any lot line.
(C) The pool area shall be adequately fenced to prevent
uncontrolled access from the street or adjacent property.
Adequate screening, including but not limited to land-
scaping, shall be placed between the pool area and adjacent
lot lines.
(D) All deck areas, adjacent patios, or other similar areas used
in conjunction with the swimming pool shall be located at
least thirty (30) feet from any lot line.
(E) To the extent possible, back -flush water or water from pool
drainage shall be directed onto the owner's property.
(F) The filter unit, pump, heating unit and any other noise -
making mechanical equipment shall be located at least fifty
(50) feet from any adjacent or nearby residential structure
and not closer than ten (10) feet to any lot line.
Subd. 31. Drainage. No land shall be developed or altered and no use
shall be permitted that results in surface water runoff causing unreasonable
flooding, erosion or deposit of minerals on adjacent properties or waterbodies.
Such runoff shall be properly channeled into a storm drain, a natural water course
or drainageway, a ponding area or other public facility.
The zoning official, upon inspection of any site which has created
drainage problems or could create drainage problems with proposed new develop-
ment, may require the owner of said site or contractor to complete a grading plan.
The owner or contractor of any natural drainage improvement or
alteration may be required by the zoning official to obtain recommendations from
the Minnesota Department of Natural Resources, the Soil Conservation District,
affected Watershed District(s), and/or community engineer(s).
On any slope in excess of twelve percent (12%) where, in the opinion of
the zoning official, the natural drainage pattern may be disturbed or altered, the
zoning official may require the applicant to submit both a grading plan and a soil
conservation plan prior to applying for a Building Permit.
Subd. 32. Land Reclamation and Land Grading. Within this Ordinance,
land reclamation is the reclaiming of land by depositing or moving material so as to
alter the grade. Land reclamation shall be permitted by Conditional Use Permit in
all districts. Depositing a total of more than fifty (50) cubic yards of material per
acre, either by hauling in or regrading the area, shall constitute land reclamation.
Land reclamation in floodplains shall be in accordance with the Floodplain
Ordinance. The permit shall include as a condition thereof a finished grading plan
which will not adversely affect the adjacent land and as conditions thereof shall
regulate the type of material permitted, program for rodent control, plan for fire
control, and general maintenance of the site, controls of vehicular ingress and
egress, drainage and control of material disbursed from wind or hauling of material
to or from the site.
32
No water area shall be filled, partially filled, dredged, altered by
grading, mining or otherwise utilized or disturbed in any manner without first
securing a permit from the Minnesota Department of Natural Resources, the U.S.
Army Corps of Engineers, and the affected Watershed District Board. Such grading
may be reviewed and approved by the Department of Natural Resources, the
Community Engineer, the Watershed District and the Planning Commission.
Water areas shall include all lakes, ponds, swamps, streams, drainage -
ways, floodplains, floodways, natural water courses, underground water resources
and similar features involving directly or indirectly the use of water within the
community.
Subd. 33. Farming Operations. All farms in existence upon the
effective date of this Ordinance and all farms which are brought into the city by
annexation shall be a permitted 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 City Council may require any new farm
operation to secure a Conditional Use Permit in the event of the following:
(1) The farm is adjacent to or within four hundred (400) feet of any
dwelling unit and may be detrimental to living conditions by
emitting noise, odors, vibrations, hazards to safety, and the like.
(2) The farming operations are so intensive as to constitute an
industrial 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.
Subd. 34. Metes and Bounds Conveyances - Building Permits. Building
Permits. No building permit shall be issued for any parcel conveyed by a metes and
bounds description unless the following conditions have been complied with, and
unless the approval of the City Council has been obtained.
(1) The applicant shall complete an application for building permit,
on forms to be prepared by the zoning officer. The applicant shall
be required to supply the following information:
(A) The proposed legal description, unless this requirement be
waived by the zoning official.
(B) A sketch of the proposed conveyance, at a scale of not less
than one inch to 200 feet. Said sketch shall also display the
following information:
(i) An approximate contour line encompassing the area
within the proposed conveyance which lies at an
elevation at least four (4) feet above the highest water
table.
(ii) The names and addresses of the property owners with
land abutting or having any portion of a parcel lying
within one hundred fifty (150) feet of any portion of
the proposed conveyance.
33
(iii) Areas of treecover and marsh or other low areas, both
within the proposed conveyance and within three
hundred (300) feet of any proposed conveyance. Aerial
photographs may be submitted in satisfaction of this
requirement, provided that they sufficiently show the
above information.
(iv) The location of any utility easements, roadways, or
drainage ditches on or abutting any portion of the
proposed conveyance.
(v) Indication of how the parcel can be resubdivided into
urban sized lots (75-foot width and approximately
quarter -acre lots).
(vi) Indication as to where proposed buildings will be
located so as to allow for the future resubdivision.
(vii) Indication of areas of suitable soils adequate for
homesite, on -site sewage dispoal systems, and at least
one back-up drainfield.
(C) A brief statement by the owner of the residue of the parcel
of record from which the conveyance is sought, describing
the expected use of said residue, to the best of said owner's
knowledge, for a period of five years from the date of
application. If the owner has no opinion, "no opinion" shall
be an acceptable response.
(2) The completed application, together with any exhibits, shall be
submitted to the Planning Commission for review. In this review,
the Planning Commission shall have authority to require the
submission of additional data, including, but not limited to, the
following:
(A) At the applicant's expense, a registered land survey of the
proposed conveyance.
(B) At the applicant's expense, a topographic map at contour
intervals deemed appropriate by the Planning Commission,
prepared by a registered land surveyor or professional
engineer.
(C) At the applicant's expense, a recommendation of the City
Engineer relative to the probable impact of the proposed
conveyance on local drainage patterns.
No public hearing shall be required, but the Planning Commission
may, through correspondence, request input from nearby property
owners, and may, at the city's expense, conduct informal public
meetings for the purpose of obtaining additional citizen input.
Following its review, the Planning Commission shall make its
recommendation to the City Council which recommendation shall
be in written form, and shall include conditions precedent, if any,
recommended in conjunction with any approval.
The City Council shall, after receiving the recommendations of
the Planning Commission approve or deny the application. As a
condition of approval, the City Council shall require:
(A) The dedication of right-of-way for future roads, utilities or
drainage easements, whether or not lying within land owned
or controlled by the applicant as deemed necessary by the
City Council.
(B) The dedication for park purposes of up to ten percent (10%)
of the land within the parcel of record sought to be divided,
or the cash equivalent thereof.
(C) The construction of certain roadway, drainage, landscaping,
utility or cosmetic improvements by the applicant. To this
end, the city may enter into a written development agree-
ment with the applicant, and require such security for
improvements as the city deems appropriate.
If the City Council denies the application, it shall notify the
applicant in writing, making note of its reasons for denial.
,11011.
1005.05. Administration.
Subdivision 1. Administrator. The office of the Zoning Official is
hereby established; the Zoning Official shall be appointed by the government body
and serve at its pleasure.
Subd. 2. Duties of the Zoning Official. The Zoning Official shall
enforce the provisions of this Ordinance as provided herein; in addition to the
duties and powers of the Zoning Official under this Ordinance, express or implied,
he shall have the duty and power to:
(1) Issue permits required by this Ordinance.
(2) Conduct inspections of land, buildings or structures at reasonable
times, to determine compliance with and enforce the provisions of
this Ordinance. -
(3) Perform annual and/or periodic review of all conditional use
permits.
(4) Maintain all records necessary for the enforcement of this
Ordinance; including, but not limited to, all maps, amendments,
rezonings, and conditional use permits, variances, appeal notices,
certificates of occupancy, and applications therefor, noncon-
forming uses.
Receive, file and forward all appeals, notices, applications for
variances, conditional use permits, certificates of occupancy, or
other matters to the appropriate officials or boards.
(6) Institute in the name of the city any appropriate actions or
proceedings to enforce this Ordinance.
(7) Serve as ex-officio, non -voting member of the Planning
Commission.
(5)
(8) To perform all duties set forth in job description.
Subd. 3. Amendments and Rezonings. In accordance with the provi-
sions of Minnesota statutes, the City Council may from time to time amend the
Zoning Ordinance or Zoning District Map (rezoning). Amendments may be initiated
to the text by Council, Planning Commission, property owner, or resident.
The procedure for an amendment to the Zoning Ordinance or Zoning
District Map (rezone) shall be as follows:
(1) Persons wishing to initiate an amendment shall fill out a "Zoning
Form" and 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 Zoning Official.
(2) Property owners or occupants within three hundred fifty (350)
feet of any property proposed for zoning district amendment
(rezoning) shall be notified in writing, although failure by any
property owner to receive such notification shall not invalidate
the proceedings. Notification shall be by registered mail.
(3) All requests for amendments shall be referred to the Planning
Commission for review and recommendation to City Council.
(4) Site and building plans consistent with the requirements
established in 1005.05 Subd. 4 shall be provided prior to Planning
Commission review.
(5) Upon review of the application, the Planning Commission shall
make a report and recommendation to the City Council.
(6) A public hearing on the rezoning application shall be held by the
Planning Commission or Council.
(7) The City Council must take action on the application within sixty
(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. Any action should be accom-
panied with reasons for action taken.
(8) No application for rezoning which has been denied shall be
resubmitted for a period of twelve (12) months from the date of
said order of denial unless all reasons for denial, as outlined by
the City Council, have been satisfied.
Subd. 4. Site and Building Plan Review.
(1) General. All structures, except single-family dwellings, two-
family dwellings and their accessory buildings, to be constructed
in the city shall require site and building plan approval by the
Planning Commission and City Council before a building permit
may be issued by the Zoning Official.
(2) Applications. Applications for site and building plan review shall
be filed with the Zoning Official and shall be accompanied by:
An application fee in an amount equal to that required in
Ordinance No. 52.
Ten copies of site and building plans and supporting data shall be
provided. The following information shall be provided:
(A) A site plan at a suitable scale (no greater than 1" = 100' or
no less than 1/4" = 10, and indicating:
(i) Existing topography having a contour interval of no
greater than 2 feet.
(ii) Suggested plans for proposed storm water drainage
system sufficient to drain and dispose of all surface
38
water accumulation within the area, indication of
sanitary sewer, water, gas, electric, etc., easements,
and written notifications that they have been reviewed
by the City Engineer for feasibility purposes.
(iii) Clear delineation of all streams, water bodies, and
wetlands including depth of water, 100-year high
water mark and DNR classification.
(iv) Landscape plans including species and size of trees and
shrubs.
(v) Locations of all buildings, recreation areas, utility and
service areas, access drives, parking areas, storage
areas, existing and proposed utility lines, and ease-
ments.
(vi) Soil type and soil limitations for the intended use are
to be noted. If severe soil limitations for the intended
use are noted, a plan or statement indicating the soil
conservation practice or practices to be used to over-
come said limitation shall be made part of the applica-
tion. (See Restrictive Soils Ordinance)
(vii) Location and description of all other site improve-
ments including fences, walls, signs, lighting, walk-
ways, patios, decks, and barriers.
(viii) A clear delineation of all areas to be paved or
surfaced, including a description of surfacing material
to be used.
(ix) The planned use of all yards.
(B) Building plans for all structures including:
(i) The size, alignment and intended use of all structures.
(ii) Preliminary architectural plans for proposed buildings
complete with exterior finishes and including floor
plans and elevations.
(iii) These plans shall also indicate unit sizes, ratios of
dwelling unit to total lot sizes and parking spaces.
(C) The timing of the construction proposed.
(D) Any other information pertinent to the particular project
which in the opinion of the Zoning Official and/or Planning
Commission determines is necessary for the review of the
project.
(3) Review.
(A) The Zoning Official shall forward copies of the application
and site and building plans to the Planning Commission,
staff, consultants and governmental agencies for
The Planning Commission shall perform a review and
suggest such conditions as they deem necessary to the
r approval of the site and building plans. The Planning
Commission ew- will then be passed on to the City
Council for review and approval..-�. -p .>
(B) The report of the Planning Commission shall be placed on
the agenda of the City Council at its next regular meeting
following referral from the Planning Commission.
(C) The City Council must take action on the application within
60 days after receiving the report from the Planning
Commission. All development, construction and use shall be
in accordance with the approved plan, unless a revised plan
is submitted and approved. Any development contrary to
the approved plans shall constitute a violation of this
Ordinance.
(4) Design Standards. Plans which fail to meet the following stan-
dards shall not be approved.
(A) The action shall be planned, designed, constructed and
maintained to avoid substantial probabilities of:
(i) Unnecessary detraction from the appearance of the
surrounding area or the city as a whole.
(ii) Aesthetic incompatibility.
(iii) Noise incompatibility.
(iv) Traffic pattern incompatibility.
(v) Accelerated erosion.
(vi) Unnecessary loss of existing natural features (vegeta-
tion, steep slopes, wetlands, water bodies).
(vii) Increased flood potential.
(B) No development shall be allowed which will result in unusual
maintenance or repair costs of roads, parking areas or
utility lines.
(C) Development shall be permitted only in such a manner that
the maximum number of trees shall be preserved. It shall be
the duty of the person seeking approval to demonstrate that
there are no feasible or prudent alternatives to the cutting
of trees on the site.
(D) The types and density of land use proposed for the site shall
be suited to the site conditions and shall adequately correct
problems due to soil limitations, including but not limited to
bearing strength, shrink -swell potential, slope stability, high
groundwater or wetness.
(E) The proposed use shall be sited, designed, oriented, and
landscaped to produce a harmonious relationship of building
and grounds to surrounding buildings and properties and the
total neighborhood environment.
(F) The proposed use shall show sufficient landscaping to screen
undesirable features and to enhance the appearance of the
development.
(G) Building Design.
(i) The exterior architectural design, appearance, or
functional plan of such proposed structure, will not be
so at variance with, or so similar to the exterior
architectural design of any structure or structures
already constructed or in the course of construction in
the area, or so at variance with the character of the
applicable district as established by the zoning code of
the city as to cause a substantial depreciation in the
property values of the neighborhood.
(ii) Usable Materials. No building shall have a front, side,
or rear abutting a public street which contains
exterior facing materials which rapidly deteriorate, or
which for any reason are, or quickly become,
unsightly. The following are examples of such
materials: concrete masonry units, common clay
brick, concrete brick, unfinished structural clay tile,
sheet metal, other corrugated or plain, and exposed
unfinished concrete. Such materials, however, may be
used in a special arrangement or combination with
other materials of a permanent nature with good
architectural design and appeal.
(H) The proposed use shall preserve the objectives of this
Ordinance and shall be consistent with policy and plan
recommendations of the Comprehensive Plan.
(5) Performance Standards. All uses shall comply with the require-
ments of this section. In order to determine whether a proposed
use will conform to the requirements of this Ordinance, the
Planning Commission may obtain a qualified consultant to testify,
whose cost for services shall be borne by the applicant.
(A) Fire Protection. Fire prevention and fighting equipment
acceptable to the Board of Fire Underwriters and City
Council shall be readily available when any activity
involving the handling or storage of flammable or explosive
materials is carried on.
41
(B) Activities authorized by site and building plan approval shall
be initiated within six months. If such activity is not
completed within 18 months, the site approval shall no
longer be in effect, and application and approval of site and
building plans shall be required.
Subd. 5. Conditional Use Permits.
(1) General Statement. Certain uses, while generally not suitable in
a particular zoning district, may under some circumstances be
suitable. When such circumstances exist, a Conditional Use
Permit may be granted. Conditions may be applied to issuance of
the permit and an annual review of the permit shall be required.
The permit shall be granted for a particular use and not for a
particular person or firm.
Conditional Use Permits may be granted in accordance with this
section for any use or purpose for which such permits are required
or permitted by this Ordinance or as listed as a conditional use for
the zoning districts provided in Section 6 of this Ordinance.
s'' off,
In granting a Conditional Use Permit, the City Council shall
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.
(2) Standards. The Planning Commission shall recommend a Condi-
tional Use Permit and the Council shall order the issuance of such
permit only if it finds that such use at the proposed location:
(A) Will not be detrimental to or endanger the public health,
safety, morals, comfort, convenience or general welfare of
the neighborhood or the city.
(B) Will be harmonious with the general and applicable specific
plans and policies of the Comprehensive Plan of the city and
this Ordinance.
(C) Will be designed, constructed, operated, and maintained so
as to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and
will not change the essential character of that area.
(D) Will not be hazardous or disturbing to existing or future
neighboring uses.
(E) Will be served adequately by essential public facilities and
services, including streets, police and fire protection,
drainage structures, refuse disposal, water and sewer
systems, and schools; or will be served adequately by such
facilities and services provided by the persons or agencies
responsible for the establishment of the proposed use.
42
(F) Will not create excessive additional requirements at public
cost for public facilities and services and will not be
detrimental to the economic welfare of the community.
(G) Will not involve uses, activities, processes, materials, equip-
ment and conditions of operation that will be detrimental to
any persons, property, or the general welfare because of
excessive production of traffic, noise, smoke, fumes, glare,
or odors.
(H) Will have vehicular approaches to the property which are so
designed as not to create traffic congestion or an inter-
ference with traffic on surrounding public thoroughfares.
(I) Will not result in the destruction, loss, or damage of a
natural, scenic, or historic feature of major importance.
(3) Will conform to specific standards of this Ordinance
applicable to the particular use.
(3) Reasons for Action. Whether the Planning Commission
recommends denial or approval of a Conditional Use Permit or the
Council orders such denial or approval, it shall include in its
recommendations or determination findings as to the ways in
which the proposed use does or does not comply with the
standards established in this Ordinance.
(4) Conditions. In recommending or approving any Conditional Use
Permit, the Planning Commission and the Council may impose
conditions which it considers necessary to meet the standards of
this Ordinance and to protect the best interests of the surrounding
area or the city as a whole. Violation of any such condition is a
violation of this Ordinance. These conditions may include but are
not limited to the following:
(A) Ingress and egress to property and proposed structures
thereon with particular reference to vehicle and pedestrian
safety and convenience, traffic flow and control, and access
in case of fire or other catastrophe.
(B) Off-street parking and loading areas where required, with
particular attention to the items in Subd..F44)(A) and the
economic, noise, glare, or odor effects of•gihe conditional
use on nearby property.
(C)
(D)
Refuse and service areas, with
items in Subd.(4)(A) above.
Utilities, with reference to
compatibility.
particular reference to the
location, availability, and
(E) Diking, fencing, screening, landscaping or other facilities to
protect adjacent or nearby property.
43
(F) Signs, if any, and proposed exterior lighting with reference
to glare, traffic, safety, economic effect, and compatibility
and harmony with properties in the district.
(G) Required yards and other open space.
(H) General compatibility with adjacent and other property in
the district.
(5) Expiration. If construction has not begun within one year after
the date of the Conditional Use Permit, or if substantial construc-
tion has not taken place within three years after the date of
issuance of the Conditional Use Permit, the permit is void. A
Conditional Use Permit authorizes only the conditional use
specified in the permit and expires if, for any reason, the
authorized use ceases for more than one year.
(6) Time Limit. If a time limit or periodic review is included as a
condition by which a Conditional Use Permit is granted, the
Conditional Use Permit may 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 City Clerk to schedule
such public hearings and the owner of land having a Conditional
Use Permit shall not be required to pay a fee for said review.
(7) Records. The Zoning Official shall maintain a record of all
Conditional Use Permits issued including information on the use,
location, conditions imposed by the City Council, time limits,
review dates, and such other information as may be appropriate.
(8) Changes/Alterations. Any change involving structural alteration,
enlargement, intensification of use, or similar change not specifi-
cally permitted by the Conditional Use Permit issued shall require
an amended Conditional 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 automatically granted a
Conditional Use Permit shall be considered as having a Condi-
tional Use Permit which contains conditions which permits the
land use and structures as they existed on said date and any
enlargement, structural alteration, or intensification of use shall
require an amended Conditional Use Permit as provided for above.
(9) Procedure.
(A) The person applying for a Conditional Use Permit shall fill
out and submit to the Zoning Official a "Zoning Form"
together with a fee as required in Ordinance No. 52 and all
related material as requested in 1005.05 Subd. 5.(2).
(B) The Clerk shall refer the application to the Planning
Commission. Property owners within 350 feet of the
property in question shall be notified, although failure of
any property owner to receive such notification shall not
invalidate the proceedings. Notification shall be by
registered mail.
44
aft
MEW
(C) The Planning Commission shall consider the petition at its
next regular meeting, but not earlier than ten days from
date of submission to the Planning Commission.
(D) The petitioner or his representative shall appear before the
Planning Commission in order to answer questions
concerning the proposed conditional use.
(E) The report of the Planning Commission shall be placed on
the agenda of the City 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.
(F) The City Council must take action on the application within
60 days after receiving the report of the Planning Commis-
sion. If it grants the Conditional Use Permit, the City
Council may impose conditions 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.
(G) An amended Conditional Use Permit application and
requests for changes in conditions shall be administered in a
manner similar to that required for a Conditional Use
Permit.
(H) No application for a Conditional Use Permit shall be resub-
mitted for a period of twelve (12) months from the date of
said order of denial unless all reasons for denial as outlined
by the City Council have been satisfied.
Subd. 6. Certificate of Occupancy. No person may change the use of
any land except for construction of essential services and transmission lines or
occupy or utilize a new structurally altered building (except single-family detached
dwellings or their accessory buildings or private garages in any district) or change
the use of any building after the effective date of this ordinance unless he has first
obtained a Certificate of Occupancy.
Application for a Certificate of Occupancy for a new building or for an
existing building which has been so altered or the reuse of any land may be filed
with the Zoning Official any time after the application for a Building Permit. The
Certificate of Occupancy shall be issued within ten (10) days after the construction
or alteration of such building or part thereof or site has been completed in
conformity with the provisions of this Ordinance and Building Code. Pending the
issuance of said Certificate, a temporary Certificate of Occupancy may be issued,
subject to the provisions of the Building Code and Zoning Ordinance for a period
not to exceed twelve (12) months during the completion of the erection or the
alteration of such a building. The temporary Certificate shall not be construed as
in any way altering the respective rights, duties or obligations of the owners or of
the community relating to the use or occupancy of the premises or any other
matter, except under such restrictions and provisions as will adequately insure the
safety of the occupants. The use of any structure for which a Building Permit is
required or the use of any land shall be considered a violation of this Ordinance
unless a Certificate of Occupancy has been issued.
45
Application for a Certificate of Occupancy for a new use of land shall
be made to the Zoning Official before any such land shall be so used. Such
Certificate of Occupancy shall be issued within ten (10) days after this application
if the use is in conformity with the provisions of this Ordinance.
A record of all applications for and Certificates of Occupancy shall be
kept on file.
Subd. 7. Variances and Appeals. Where there are unnecessary hardships
in carrying out the strict letter of the provisions of this Ordinance, an appeal may
be made and a variance may be granted. The hardship(s) must have to do with the
characteristics of the land and not the property owner.
In considering all requests for variance of appeal and in taking
subsequent action, the city shall make a finding of fact:
(1)
That literal interpretation of the provisions of this Ordinance
would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of this Ordinance.
(2) That the special conditions and circumstances do not result from
the actions of the applicant.
(3) That granting the variance requested will not confer on the
applicant any special privilege that would be denied by this
Ordinance to other lands, structures, or buildings in the same
district.
(4) That the proposed action will not unreasonably increase the
congestion in the public street.
(5) That the proposed action will not increase the danger of fire or
endanger the public safety.
(6) That the proposed action will not unreasonably diminish or impair
established property values within the neighborhood or in any
other way be contrary to the intent of this Ordinance.
The city shall decide upon requests for variance by approving or denying
the same in part or in whole where it is alleged by the applicant that a hardship in
the reasonable use of a specific parcel of property exists. The Council may grant a
variance from the strict application of this Ordinance to release such hardships.
The procedure for granting variances is as follows:
(1) 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 to document said hardship.
(2) The application shall be referred to the Planning and Zoning
Commission which shall submit a recommendation to the City
Council.
(3) The petitioner or representative shall appear before the Planning
and Zoning Commission in order to answer questions.
46
(4) The City Council may grant the variance if it has been established
that a hardship exists. The City Council shall, on all variance
applications whether granted or denied, record a finding of fact.
Such findings shall be recorded in writing and shall state the City
Council's reasons for such action.
47
r
V
1005.06. District Provisions.
Subd. 1. 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, convenience, 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 nonresidential uses, protecting against the danger of fire
conflagration, and other purposes of a similar nature.
For the purpose of the Ordinance, the City of Lino Lakes is hereby
divided into the following Zoning Districts.
SYMBOL NAME
Rural
R Rural
AgP Agriculture Preservation
Single -Family Residential
ER Expansion Residential
- R-1 Single -Family Residential
Multiple -Family Residential
R-2 Two -Family Residential
R-3 Medium Density Residential
R-4 High Density Residential
R-5 Planned Unit Development (P.U.D.)
Manufactured Housing
R-6 Manufactured Home Park
R-7 Manufactured Home Subdivision
- Commercial
NB Neighborhood Business
LB Limited Business
SC Shopping Center
GB General Business
Industrial
LI Light Industry
GI General Industry
Public and Semi -Public
—. PSP Public and Semi -Public
Subd. 2. "R" Rural District.
(1) Purpose. This district is designed and intended to aid in guiding
development toward fulfillment of the Comprehensive Plan and to
serve the following functions.
(A) To preserve productive land for agricultural use.
(B) To maintain "open space" within and near to urban areas.
(C) To help guide development of urban and rural areas along an
orderly design to preserve continuity and efficiency of
service.
(D) 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.
(E) To reduce the possibilities ,or rural -urban conflicts in
establishing 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.
(2) Lot and Yard Requirements.
(A) Minimum lot size: 10 acres
(B) Minimum lot width: 330 feet
(C) Setbacks:
(i) Front yard: 30 feet
(ii) Rear yard: 30 feet
(iii) Side yard (interior lot line): 10 feet
(iv) Side yard (carport or garage to interior lot line: 5 feet
(3) Floor Area Requirements. The minimum outside dimension, floor
area for single-family dwellings shall be as follows.
Rambler (3 bedroom)
Rambler (2 bedroom)
1 Y2 Story
Split Foyer (foyer, stairs)
2 Story
960 square feet
912 square feet
912 square feet
912 square feet
850 square feet
All basementless dwellings in this district shall be required to
provide an additional 100 square feet of floor area to house
utilities.
50
dmi
(4) Height Regulations. No building shall be erected or structurally
altered to exceed thirty (30) feet. These regulations shall not
apply to barns, silos, or other farm buildings.
(5) Permitted Uses. In the Rural (R) 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. Also, no
person shall change the use of any land or occupy or utilize a
newly constructed or altered building except a single-family
dwelling and its accessory buildings without first having obtained
a Certificate of Occupancy and satisfied the requirements of
1005.05 Subdivisions 4 and 6.
(A) Single-family detached dwellings
(B) Public parks
(C) Golf courses
(D) Agriculture, gardening and sod farming
(E) Temporary stands for the sale of agricultural products
produced on the premises (see 1005.04. Subd. 5.(13).
(F) Stock raising, dairying, and stables in accordance with Lino
Lakes Ordinance No. 82, Hobby Farms.
(G) Commercial greenhouses and nursuries
(H) Home occupations as provided in 1005.04 Subd. 4.
(6) Conditional Uses. The following are conditional uses in the "R"
District (requires a Conditional Use Permit based upon the
procedures set forth in and regulated by 1005.05 Subd. 4. Condi-
tional Use Permits) and Certificate of Occupancy as provided by
1005.05 Subd. 6.
(A) Airports
(B) Cemeteries
(C) Wild game farms
(D) Gun clubs
(E) Commercial riding stables
(F) Elementary schools
(G) Churches
(H) Dog kennels (see Ordinance No. 37 Licensing and Regulating
of Dog Kennels, and Ordinance No. 65 Licensing, Regulating
and Keeping of Dogs)
(I) Feedlots
(3) Public buildings
(K) Transmission towers/radio, television, etc.
(L) Airports, private
(M) Commercial horse breeding operation
(N) Commercial boarding stables
(0) Livery stables
(P) Horse arena
(7) Accessory Buildings (see 1005.04 Subd. 6. Accessory Buildings).
52
MONO
Subd. 3. "AgP" Agriculture Preservation District.
(1)
Purpose. This district is intended to provide for those areas of
Lino Lakes where it is necessary and desirable, because of the
high quality of the soils, availability of water, and/or highly
productive agricultural capability, and where consistent with the
city's plans for urbanization, to preserve, promote, maintain, and
enhance the use of the land for agricultural purposes and to
protect such land from encroachment by non-agricultural uses,
structures or activities.
(2) Lot and Yard Requirements and Structure Spacings.
(A) Minimum lot size: 10 acres
(B) Minimum lot width: 330 feet
(C) Setbacks:
(i)
)
Front yard setback: 30 feet
Rear yard setback: 30 feet
(iii) Side yard setback: 10 feet
(D) Structures spacing: Non -farm uses shall be separated at
least 500 feet from the nearest farm building.
(3) Maximum Density: One unit per quarter quarter (40 acres)
(4) Permitted Uses. In the Agriculture Preservation District, no
building or land shall be used or no building erected, converted or
structurally altered unless otherwise provided herein except for
one or more of the following uses. Also, all appropriate regula-
tions and standards in Section 1005.05 Subd. 4 (Site and Building
Plan Review) and Subd. 6 (Certificate of Occupancy) must be
satisfied.
(A) Commercial agriculture and horticulture
(B) Farm buildings
(C) Farm drainage and irrigation systems
(D) Forestry
(E) Single-family dwelling at a rate of one per farm
(F) One non -farm dwelling per each quarter quarter section not
already containing a farm or non -farm dwelling provided:
(i) The dwelling unit shall be located on a separately
owned parcel of at least 10 acres in size and must be
the only dwelling unit on that quarter quarter.
(ii) The parcel on which the dwelling unit is located must
have at least 100 feet of frontage along a road which
was in use before the effective date of this Ordinance.
(iii) The driveway serving the parcel shall be separated
from adjacent driveways on the same side of the road
by the following distances depending upon road types.
(a) Local road: 100 feet
(b) Collector road: 300 feet
(c) Minor arterial: 500 feet
(d) Minimum distance from intersection of two or
more of the above: 100 feet
(iv) The dwelling shall be separated at least 500 feet from
the nearest farm building.
(G) Historic sites
(5) Permitted Accessory Uses and Structures. The following acces-
sory uses and structures shall be permitted.
(A) Uses and structures which are customarily accessory and
clearly incidental and subordinate to permitted uses and
structures, including:
(i) Private garages
(ii) Playhouses, swimming pools and storage buildings
appurtenant to single-family dwellings
(iii) Landscaping items
(6) Conditional Uses. The following are conditional uses in the
Agriculture Preservation District and may be approved provided
that the provisions and requirements of Section 1005.05 Subd. 5
(Conditional Use Permits) of this Ordinance are fulfilled and
Certificate of Occupancy as provided by 1005.05 Subd. 6.
(A) Outdoor recreation areas
(B) Churches, cemeteries, airports, schools, local government
buildings and facilities and government owned facilities for
the maintenance of roads and highways
(C) A second farm dwelling in the quarter quarter section
containing the farm dwelling, provided that it meets the
requirements of Section (4) (F) of this subdivision.
(D) Agricultural service establishments primarily engaged in
performing agricultural animal husbandry or horticultural
services on a fee or contract basis including corn shelling;
hay bailing and thrashing, sorting, grading and packing fruits
and vegetables for the grower; agricultural produce milling
and processing; horticultural services; crop dusting; fruit
picking; grain cleaning; land grading; harvesting and
plowing; farm equipment service and repair; veterinary
services; boarding and training of horses; commercial
hunting and trapping; the operation of game reservations;
roadside stands for the sale of agricultural produce grown on
the site.
(E) Public utility and public service structures including electric
transmission and distribution lines, substations, gas
regulator stations, communications equipment buildings,
pumping stations and reservoirs.
(F) Feedlots and poultry facilities
(7) Standards for Granting Conditional Use Permits. No conditional
use permit shall be issued unless following review and written
findings it determines that the proposed use satisfies the
following conditions and the conditions set by Section 1005.05
Subd. 5 of this Ordinance.
(A) Non -farm structures shall be sited on a separately surveyed
and described parcel.
(B) The use shall not be one to which the noise, odor, dust, or
chemical residues of commercial agriculture or horticulture
might result in creation or establishment of a nuisance or
trespass.
(C) All agricultural service establishments shall be located at
least 300 feet from any driveway affording access to a farm
dwelling or field and at least 50 feet from any single-family
dwelling.
(D) All agricultural service establishments may be required to
be screened on the perimeter of the establishment by a solid
fence, wall or natural vegetation of not less than 6 feet in
height.
(E) An agricultural service establishment shall be incidental and
necessary to the conduct of agriculture within the district.
(F) Public utility and service structures shall be located and
constructed at such places and in such manner that they will
not segment land or any one farm, and will not interfere
with the conduct of agriculture by limiting or interfering
with the access to fields or the effectiveness and efficiency
of the farmer and farm equipment including crop spraying
aircraft.
(8) Prohibited Uses and Structures. All other uses and structures
which are not specifically permitted by right or by conditional use
permit shall be prohibited in the Agricultural Preservation
District.
Subd. 4. "E-R" Expansion Residential District.
(1) Purpose. The purpose of this district is to allow for large lot,
single-family residential development with on -site sewage
disposal systems in areas which are planned to receive sewer
sometime after 1990. Development will be encouraged to occur
in such a manner as to not make it difficult to extend sewer into
the area in the future. This transitional district is intended to
provide limited opportunities for a low density, semi -rural, resi-
dential lifestyle for those who are willing to accept a lower level
of urban and community service. Developments which do occur in
this district prior to the availability of sewer will be designed for
future resubdivision so as to permit economical installation of
sewer at a later date.
(2) Lot and Yard Requirements.
(A) Minimum lot size: 5 acres
(B) Minimum lot width: 330 feet
(C) Setbacks:
(i) Front yard: 30 feet
(ii) Rear yard: 30 feet
(iii) Rear yard (accessory building): 5 feet
(iv) Side yard (interior lot line): 10 feet
(v) Side yard (carport or garage to interior lot line): 5
feet
(vi) Side yard (corner lot): 30 feet
(3) Floor Area Requirements. The minimum outside dimension, floor
area for single-family dwellings shall be as follows.
(4)
Rambler (3 bedroom)
Rambler (2 bedroom)
1Y2 Story
Split Foyer (foyer, stairs)
2 Story
960 square feet
912 square feet
912 square feet
912 square feet
850 square feet
All basementless dwellings in this district shall be required to
provide an additional 100 square feet of floor area to house
utilities.
Height Regulations. No building shall be erected or structurally
altered to exceed thirty (30) feet. These regulations shall not
apply to barns, silos, or other farm buildings.
(5) Resubdivision Requirement. Any lot built on in this district and
without sanitary sewer shall be planned for resubdivision.
Buildings shall be located on such lot in a manner that easily
allows for future resubdivision. Prior to issuing a building permit,
the Zoning Official shall review building locations to ensure
compliance wih this requirement.
(6) Permitted Uses. In this "E-R" 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 of the
following uses. Also, all appropriate regulations and standards in
Section 1005.05 Subd. 4 (Site and Building Plan Review) and Subd.
6 (Certificate of Occupancy) must be satisfied.
(A) Single-family detached dwellings
(B) Farm, limited
(C) Public parks
(D) Golf courses
(E) Home occupations as provided in 1005.04 Subd.
„26-
(7) Conditional Uses. The following are conditional uses in the "R"
District and require a Conditional Use Permit based upon the
procedures set forth in and regulated by 1005.05 Subd. 5. Condi-
tional Use Permits) and Certificate of Occupancy as provided by
1005.05 Subd. 6.
(A) Stock raising (not feedlots or confined feeding operations)
(B) Commercial greenhouses or nurseries
(C) Cemeteries
(D) Commercial riding stables
(E) Dog kennels (see Ordinance No. 37, Licensing and Regula-
tion of Dog Kennels, and Ordinance No. 65, Licensing,
Regulating and Keeping of Dogs)
(F) Public buildings
(G) Day care nurseries
(H) Churches
(I) Elementary schools
(3) Airports, private and public
57
Subd. 5. "R-1" Single -Family Residential District.
(1) Purpose. This district is intended to provide a residential
atmosphere for those persons desiring a single-family neighbor-
hood with a suburban density. The area is intended for develop-
ment of single-family detached homes on lots with public sewer
and water.
(2) Lot and Yard Requirements.
(A) Minimum lot size: 11,250 square feet
(B) Minimum lot width: 75 feet
(C) Setbacks:
(i) Front yard: 30 feet
(ii) Rear yard: 30 feet
(iii) Rear yard (accessory building): 5 feet
(iv) Side yard (interior lot line): 10 feet
(v) Side yard (corner lot - all structures): 30 feet
(vi) Side yard (interior lot line - carport, garage or
accessory building): 5 feet
(3) Maximum Density. The maximum number of dwelling units
allowed per buildable acre shall be: 3.2 units/buildable acre.
(4) Floor Area Requirements. The minimum outside dimension, floor
area for single-family dwellings shall be as follows.
Rambler (3 bedroom)
Rambler (2 bedroom)
1 Story
Split Foyer (foyer, stairs)
2 Story
960 square feet
912 square feet
912 square feet
912 square feet
850 square feet
All basementless dwellings in this district shall be required to
provide an additional 100 square feet of floor area to house
utilities.
(5) Height Regulations. ,No building shall be erected or structurally
altered to exceed 30 feet.
(6) Permitted Uses. In the "R-1" 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 of the
following uses. Also, all appropriate regulations and standards in
Section 1005.05 Subd. 4 (Site and Building Plan Review) and Subd.
6 (Certificate of Occupancy) must be satisfied.
58
(A) Single-family detached dwellings
(B) Home occupations as provided in 1005.04 Subd. 4
(7) Conditional Uses. The following are conditional uses in the R-1"
District and require a Conditional Use Permit based upon the
procedures set forth in and regulated by 1005.05 Subd. 5.
Conditional Use Permits and Certificate of Occupancy as
provided by Section 1005.05 Subd. 6.
(A) Churches
(B) Elementary schools
(C) Cemeteries
(D) Day care group nurseries
(E) Public parks
(F) Golf courses
(8) Sanitary Sewer. No construction shall be permitted in this
district without public sanitary sewer and water.
Subd. 6. "R-2" Two -Family District.
(1) Purpose. This district is intended to provide a residential
atmosphere for those persons desiring a two-family dwelling with
a more urban, but limited, density. Two-family dwellings will not
be allowed in areas without sanitary sewer.
(2) Lot and Yard Requirements.
(A) Minimum lot size (two-family): 15,000 square feet
Minimum lot size (single-family): 11,250 square feet
(B) Minimum lot width (two-family): 100 feet
Minimum lot width (single-family): 75 feet
(C) Setbacks:
(i) Front setback: 30 feet
(ii) Rear setback: 30 feet
(iii) Rear setback (accessory building): 5 feet
(iv) Side yard setback (interior lot): 10 feet
(v) Side yard setback (accessory building at interior lot):
5 feet
(vi) Side yard setback (carport or garage): 5 feet
(vii) Side yard setback (corner lot): 30 feet
(3) Zero Lot Line. 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.
(4) Churches and Schools. 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.
(5) Maximum Density. The maximum number of dwelling units
allowed per buildable acre shall be: 4.5 units/buildable acre.
(6) Height Regulations. No two-family dwelling shall hereafter be
erected or structurally altered 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.
(7) Minimum Building Size.
(A) Floor Area Requirements. The minimum outside dimension,
floor area for single-family dwellings shall be as follows.
Rambler (3 bedroom)
Rambler (2 bedroom)
1 Yz Story
Split Foyer (foyer, stairs)
2 Story
960 square feet
912 square feet
912 square feet
912 square feet
850 square feet
All basementless dwellings in this district shall be required
to provide an additional 100 square feet of floor area to
house utilities.
(B) Two-family Dwellings. Each living quarter shall have 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.
(8) 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. Also, all appropriate regula-
tions and standards in Section 1005.05 Subd. 4 (Site and Building
Plan Review) and Subd. 6 (Certificate of Occupancy) must be
satisfied.
(A) Single-family detached dwellings
(B) Two-family dwellings
(C) Home occupations as provided in 1005.04 Subd. 4.
(9) Conditional Uses. The following are conditional uses in the R-2"
District and require a Conditional Use Permit based upon the
procedures set forth in and regulated by 1005.05 Subd. 5. Condi-
tional Use Permits and Certificate of Occupancy as provided by
Section 1005.05 Subd. 6.
(A) Clinics, nursing homes
(B) Philanthropic and charitable institutions
(C) Public parks
(D) Churches
(E) Elementary schools
(F) Golf courses
(10) Sanitary Sewer. No construction shall be permitted in this
district without public sanitary sewer and water.
61
Subd. 7. "R-3" Medium Density Residential District.
(1) Purpose. The purpose of the R-3 Medium Density Residential
District is to provide settings for multiple -family structures up to
eight dwelling units per building in areas having good thoroughfare
access, are properly located to other uses and are accessible to
major activity centers, recreation areas and shopping areas.
(2) Lot and Yard Requirements.
(A) Minimum district size: The minimum land area for any R-3
district shall be at least one (1) acre in size.
(B) Minimum lot size: 10,000 square feet
(C) Minimum lot width: 125 feet
(D) Setbacks:
(i) Front yard: 30 feet
(ii) Rear yard (principal structure): 30 feet
(iii) Rear yard (accessory building or parking lot): 5 feet
(iv) Side yard (interior lot line): 30 feet
(v) Side yard (interior lot line - accessory building or
parking lot): 5 feet
(vi) Side yard (corner lot - all structures): 30 feet
(3) Maximum Density. The maximum number of dwelling units
allowed per acre of buildable land shall be: 8 units/buildable acre.
(4) Structure Land Coverage. The area covered by any structures
shall not exceed 35 percent of the total land area.
(5) Green Area. At least 35 percent of the site shall be retained for
and devoted to green grass, open space or landscaped area.
(6) Height Regulation. No multiple -family dwelling in the R-3
district shall exceed the height of thirty-six (36) feet from grade
level measured from front or side of such building.
(7) Two or More Multiple -Family Dwelling Structures on One Site.
Where two or more multiple -family dwelling structures are to be
erected on a single site, the following requirements shall apply.
No building shall be closer than twenty (20) feet to the other
building.
(8) Floor Area. The minimum livable floor area for each multiple -
family dwelling shall have at least:
62
Efficiency Unit
One -Bedroom Unit
Two -Bedroom Unit
Three -Bedroom Unit
Four -Bedroom Unit
680 square feet
800 square feet
920 square feet
1040 square feet
1160 square feet
For each additional bedroom, the floor space shall be increased by
150 square feet per unit.
(9) Credits and Exceptions. The density and minimum lot size
standards established above may be reduced where a development
offers some extraordinary site or design improvements. The
following summarizes credits to density and lot size requirements
which will be allowed.
(A) Underground Parking. The total required minimum land
area for any specific type or size of multiple dwelling may
be decreased by three hundred (300) square feet per dwelling
unit for each parking space that is provided under the
principal use structure, or in some other manner under-
ground, 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 one
hundred (100) square feet where thirty-five percent (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, usable for active recrea-
tion.
(C) Landscaping. The total minimum land area requirement for
any specific size or type of multiple dwelling structure may
be decreased by one hundred (100) square feet per dwelling
where one (1) percent of the dwelling unit construction cost
(not including land cost) is allocated to the planting of trees.
This does not apply to sodding or seeding of green areas.
(10) Exterior Wall Construction. All multiple -family units shall be
designed and constructed to have the equivalent of a front on
each exterior surface.
(11) Disposal of Refuse and Garbage. All refuse, rubbish and garbage
containers 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.
63
(12) Indoor Storage Space. A minimum of one hundred twenty (120)
cubic feet of miscellaneous storage space shall 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 dweling unit; however, it may be in the
dwelling unit itself and so identified.
(13) Sanitary Sewer. No multiple dwelling shall be built unless served
by sanitary sewer.
(14) Permitted Uses. In all multiple -family districts unless otherwise
provided in this code, no building or land shall hereafter be
erected, or structurally altered except for one or more of the
following uses. Also, all appropriate regulations and standards in
Section 1005.05 Subd. 4 (Site and Building Plan Review) and Subd.
6 (Certificate of Occupancy) must be satisfied.
(A) Two-family dwellings
(B) Multiple dwellings containing eight units or less
(C) Clubs, lodges, fraternity and sorority houses which do not
offer public accommodations
(D) Public parks, playground
(E) Golf courses
(F) Churches
(G) Schools, public and parochial
(15) Conditional Uses. The following uses pursuant to Conditional Use
Permit granted by the City Council on application and hearing as
provided in this code, and Certificate of Occupancy as provided
by 1005.05 Subd. 6.
(A) All conditional uses listed in the R-1 District
(B) Philanthropic and charitable institutions
(C) Nursing homes
(D) Hospitals
(E) Nursery schools
(F) Funeral homes
(G) Business in multiple dwelling structures shall be limited to
such business use as the Council may authorize at the time
of approval of construction plans and specifications.
(H) Agricultural use
Subd. 8. "R-4" High Density Residential District.
(1) Purpose. The purpose of the R-4 High Density Residential
District is to provide settings for multiple -family housing in areas
having good thoroughfare access, proper relationship to other uses
and are accessible to major activity centers, recreation areas and
shopping areas.
(2) Lot and Yard Requirements.
(A) Minimum district size: The minimum land area for any R-3
district shall be at least two (2) acres in size.
(B) Minimum lot size: 25,000 square feet
(C) Minimum lot width: 150 feet
(D) Setbacks:
(i) Front yard: 30 feet
(ii) Rear yard (principal building): 30 feet
(iii) Rear yard (accessory building or parking lot): 5 feet
(iv) Side yard (interior lot line): 20 feet
(v) Side yard (corner lot - all structures): 30 feet
(vi) Side yard (accessory building - interior lot line): 5
feet
(3) Maximum Density. The maximum number of dwelling units
allowed per acre of buildable land shall be 15.
(4) Structure Land Coverage. The area covered by any structures
shall not exceed 35 percent of the total land area.
(5) Green Area. At least 35 percent of the site shall be retained for
and devoted to green grass, open space or landscaped area.
(6) Height Regulation. No R-4 multiple -family dwelling building shall
exceed a height of four (4) stories or forty-five (45) feet,
whichever is greater, measured from the street side of such
building.
(7) Floor Area. The minimum livable floor area for each multiple -
family dwelling shall have at least:
Efficiency Unit
One -Bedroom Unit
Two -Bedroom Unit
Three -Bedroom Unit
Four -Bedroom Unit
680 square feet
800 square feet
920 square feet
1040 square feet
1160 square feet
65
For each additional bedroom, the floor space shall be increased by
150 square feet per unit.
(8) Credits and Exceptions. The density and minimum lot size
standards established above may be reduced where a development
offers some extraordinary site or design improvements. The
following summarizes credits to density and lot size requirements
which will be allowed.
(A) Underground Parking. The total required minimum land
area for any specific type or size of multiple dwelling may
be decreased by three hundred (300) square feet per dwelling
unit for each parking space that is provided under the
principal use structure, or in some other manner under-
ground, 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 one
hundred (100) square feet where thirty-five percent (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, usable for active recrea-
tion.
(C) Landscaping. The total minimum land area requirement for
any specific size or type of multiple dwelling structure may
be decreased by one hundred (100) square feet per dwelling
where one (1) percent of the dwelling unit construction cost
(not including land cost) is allocated to the planting of trees.
This does not apply to sodding or seeding of green areas.
(9)
(10) Disposal of Refuse and Garbage. All refuse, rubbish and garbage
containers 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.
(11) Indoor Storage Space. A minimum of one hundred twenty (120)
cubic feet of miscellaneous storage space shall 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 dweling unit; however, it may be in the
dwelling unit itself and so identified.
Exterior Wall Construction. All multiple -family units shall be
designed and constructed to have the equivalent of a front on
each exterior surface.
66
(12) Sanitary Sewer. No multiple dwelling shall be built unless served
by sanitary sewer.
(13) 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 exceeding thirty-six (36) feet in height.
(A) No building shall be closer to the other building than twice
the vertical height of the tallest building up to a maximum
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 require-
ment may be reduced by one-third (1/3). Example: 44' high
buildings - B. 40' of separation.
(14) Permitted Uses. In all multiple -family districts unless otherwise
provided in this code, no building or land shall hereafter be
erected, or structurally altered except for one or more of the
following uses. Also, all appropriate regulations and standards in
Section 1005.05 Subd. 4 (Site and Building Plan Review) and Subd.
6 (Certificate of Occupancy) must be satisfied.
(A) Two-family dwellings
(B) Multiple -family dwellings
(C) Public parks, playground
(D) Golf courses
(E) Churches
(15) Conditional Uses. The following uses pursuant to Conditional Use
Permit granted by the City Council on application and hearing as
provided in this code, and Certificate of Occupancy as provided
by 1005.05 Subd. 6.
(A) All conditional uses listed in the R-1 District
(B) Philanthropic and charitable institutions
(C) Nursing homes
(D) Hospitals
(E) Nursery schools
(F) Funeral homes
Business in multiple dwelling structures shall be limited to
such business use as the Council may authorize at the time
of approval of construction plans and specifications.
Multiple -family dwellings greater than four (4) stories or
forty-five (45) feet in height.
Agricultural use
Clubs, lodges, fraternity and
offer public accommodations
Elementary schools, public and
sorority houses which do not
parochial
Subd. 9. "R-5" Planned Unit Development (P.U.D.) District.
(1)
Purpose. The intent of the PUD district is to permit greater
flexibility and, consequently, more creative and imaginative
design for the development of residential, commercial or indus-
trial areas than are generally possible under conventional zoning
regulations. It is further intended to promote more economical
and efficient use of the land while providing a harmonious variety
of housing choices, a higher level of urban amenities, and preser-
vation of natural scenic qualities of open space.
(2) Permitted Uses. Any use permitted in the existing district where
the PUD is proposed shall be permitted in a PUD subject to the
criteria established in 1005.05 Subd. 4 of this ordinance. Addi-
tional or accessory uses may be allowed upon conditions adopted
by the review authority. However, no use shall be permitted
except in conformity with a specific and precise Final Develop-
ment Plan pursuant to the procedural and regulatory provisions
hereinafter set forth."
(3) Procedures for Application and Review.
(A) Preapplication Conference. It is the responsibility of each
applicant to confer with the zoning official and interested
staff members in connection with the preparation of the
planned unit development application. It shall be the
responsibility of the zoning official to contact and invite the
department heads or appropriate persons to a joint meeting.
The general outlines of the proposal, evidenced schemati-
cally by sketch plans, are to be considered before submission
of the planned unit development application. Thereafter,
the zoning official shall furnish the applicant with his
written comments regarding such conference, including
appropriate recommendations to inform and assist the appli-
cant prior to his preparing the components of the planned
unit development application.
(B) Preliminary Development Plan. The developer shall be
required to submit ten (10) copies of the following exhibits,
written information, maps and plans to the city:
(i) A legal description of the total site proposed for
development, including a statement of present and
proposed ownership and present and proposed zoning.
(ii) A statement of planning objectives to be achieved by
the PUD through the particular approach proposed by
the applicant. This statement should include a des-
cription of the character of the proposed development
and the rationale behind the assumptions and choices
made by the applicant.
(iii) A development schedule indicating the approximate
date when construction of the PUD or stages of the
PUD can be expected to begin and be completed.
(iv) A statement of the applicant's intentions with regard
to the future selling or leasing of all or portions of the
PUD, such as land areas, dwelling units, etc.
(v) Quantitative data for the following: total number and
type of dwelling units; parcel size; proposed lot
coverage of buildings and structures; approximate
gross and net residential densities; total amount of
open space (including a separate figure for usable open
space); total amount of nonresidential construction
(including a separate figure for commercial or institu-
tional facilities); economic feasibility studies or
market analysis where necessary; and other studies as
required by the review authority.
(vi) The existing site conditions including contours at 2-
foot intervals, water course, floodplains, unique
natural features, forest cover, and all trees over 8
inch caliper measured one foot above the ground.
(vii) Proposed lot lines and plot designs.
(viii) The approximate location and floor area size of all
existing and proposed buildings, structures, and other
improvements including maximum heights, types of
dwelling units, density per type, and nonresidential
structures, including commercial facilities. Archi-
tectural renderings of typical structures and improve-
ments sufficient to relay the basic architectural intent
of the proposed improvements.
(ix) The approximate location and size in acres or square
feet of all areas to be conveyed, dedicated, or
reserved as common open spaces, public parks, recrea-
tional areas, school sites, and similar public and semi-
public uses.
(x) The existing and proposed circulation system of
arterial, collector, and local streets including off-
street parking areas, service areas, loading areas, and
major points of access to public rights -of -way
(including major points of ingress and egress to the
development). Notations of proposed ownership --
public or private —should be included where appro-
priate.
(xi) The existing and proposed pedestrian circulation
system, including its interrelationships with the
vehicular circulation system, indicating proposed
treatments of points of conflict.
(xii) The existing and proposed utility systems including
sanitary sewers, storm sewers, and water, electric,
gas, and telephone lines.
(xiii) A general landscape and grading plan including general
site improvements and plants (in schematic form).
(xiv) Enough information on land areas adjacent to the
proposed PUD to indicate the relationships between
the proposed development and existing and proposed
adjacent areas, including land uses, zoning classifica-
tions, densities, circulation systems, public facilities,
and unique natural features of the landscape.
(xv) The proposed treatment of the perimeter of the PUD,
including materials and techniques used such as
screens, fences, and walls.
(xvi) Proposed Homeowners Association Agreement and
restrictive covenants to cover maintenance of
buildings, grounds, parking areas, non-public streets
and other facilities as well as standards by which to
review.
(xvii) Any additional information as required by the review
authority necesary to evaluate the character and
impact of the proposed PUD."
(C) Preliminary Development Plan Approval. Based on the
above information and staff recommendations, the Planning
Commission will take formal action, approving the plan with
certain modifications or disapproving it. The findings of the
Planning Commission are then submitted to the City Council
for action at the next regularly scheduled meeting.
(D) Public Hearing. A public hearing on the Preliminary
Development Plan shall be held by the Planning Commission
or City Council.
(E) City Council Action. The City Council must take action on
the application within sixty (60) days following referral by
the Planning Commission
(F) Final Development Plan. This stage finalizes the design
specifics of the preliminary development plan and allows
review of any additional items. The plan should be sub-
mitted for final review before the Planning Commission
through the Zoning Official who has reviewed the plan to
ensure that it conforms with the ordinance and to make sure
that it does not vary significantly from the preliminary
development plan. The Planning Commission will take
formal action on the plan and send it on to the City Council.
Following approval of the Preliminary Development Plan, if
given, the applicant shall submit ten (10) copies of the Final
Development Plan consisting of the following:
(i) Proposed name of the development (which shall not
duplicate nor be similar in pronunciation to the name
of any plat theretofore recorded in the county).
(ii) The precise location, size, use and arrangement
including height in stories and feet and total square
feet of ground area coverage and floor area of
proposed buildings, including existing buildings which
will remain, if any.
(iii) Precise location, dimensions of all driveways,
entrances, curb cuts, parking stalls, loading spaces and
access aisles, and all other circulation elements
including bike and pedestrian; and the total site
coverage of all circulation elements.
(iv) Location, designation and total area of all common
open space.
(v) Proposed lots and blocks, if any, and numbering
system.
(vi) Detailed sketches and provisions of proposed land-
scaping.
(vii) Grading and drainage plans for the developed P.U.D.
(viii) Any other information that may have been required by
the Planning Commission or Council in conjunction
with the approval of the general concept plan.
(ix) A final tabulation indicating the number of residential
dwelling units and expected population.
(x) A tabulation indicating the gross square footage, if
any, of commercial and industrial floor space by type
of activity (e.g., drug store, dry cleaning, super-
market).
(xi) Preliminary architectural "typical" plans indicating
use, floor plan, elevations and exterior wall finishes of
proposed building.
(xii) A detailed site plan, suitable for recording, showing
the physical layout, design and purpose of all streets,
easements, rights -of -way, utility lines and facilities,
lots, block, public and common open space, general
landscaping plan, structure, including mobile homes,
and uses.
(xiii) A Soil Erosion Control Plan acceptable to watershed
district, Department of Natural Resources, or any
other agency with review authority clearly illustrating
erosion control measures to be used during construc-
tion and as permanent measures.
(G) Processing Fees. At the time of formal application for a
PUD, the developer must pay a filing fee to help defray the
cost of review.
(H) Ownership. A tract of land to be developed as a planned
unit development shall be under the control of:
(i) A single owner; or
(ii) A group of landowners, acting through a corporation,
where each owner agrees in advance to be bound by
the conditions and regulations which will be effective
within the district and to record such covenants,
easements, and other provisions with the county
registrar of deeds.
(I) Enforcement. If no construction has begun in the PUD
within 12 months from the approval of the PUD and
recording of documents, said approval shall lapse and be of
no further effect. The Planning Commission, upon showing
of good cause by the developer, may extend for period(s) of
12 months, the time for beginning construction.
(4) Substantive Criteria for Review and Approval.
(A) Density. The average density of the PUD shall not be
greater than that which applies to the existing zone where
the PUD is proposed as established in this ordinance.
(B) Minimum Parcel Size. The area of the land to be developed
shall not be less than 5 acres.
(C) Open Space. A minimum of 10 percent of the total project
area shall be reserved for active recreation (areas large
enough to be suitable for active play).
(i) A minimum of 35 percent of the total project area
shall be reserved as open space (green area). (Active
recreational areas may be used in meeting open space
requirements.)
(ii) All common open space, at the election of the city,
shall be:
Conveyed to the city or conveyed to a not -for -profit
corporation or entity established for the purpose of
benefiting the owners and residents of the planned
development or adjoining property owners or any one
or more of them; or
73
Guaranteed by a restrictive covenant describing the
open space and its maintenance and improvement,
running with the land for the benefit of residents of
the planned development or adjoining property owners
and/or both.
(D) Height, Setback, and Lot Coverage Regulations. All such
restrictions shall be waived in development of a PUD except
along the perimeter of the development as long as the
project is in compliance with average density and open
space provisions of this ordinance. PUD perimeters can be
established by applying the setback requirements of the
surrounding district or can be related to the height of the
buildings within the PUD.
(E) Environmental Design. Environmental design considerations
shall be incorporated into the PUD process by requiring
existing natural amenities and landscaping and a proposed
landscaping plan to be submitted during the review process.
The general landscaping plan submitted during the Prelimi-
nary Development Plan phase shall be followed by a detailed
landscaping plan, showing the spacing, sizes, and specific
types of landscaping material.
(F) Traffic Circulation. Principal vehicular access points shall
be designed to permit smooth traffic flow with controlled
turning movements and minimum hazards to vehicular or
pedestrian traffic. Minor streets within PUDs shall not be
connected to streets outside the development in such a way
as to encourage their use by through traffic.
The proposed PUD district shall be located with regard to
major thoroughfares and uses outside the district so that
traffic congestion will not be created by the proposed
development or will be obviated by presently projected
improvements and that uses adjacent to such thoroughfares
will not be adversely affected.
(G) Parking Standards. Parking standards for PUDs are the
same as for other similar uses as provided in the off-street
parking section of this ordinance. Variances may be applied
for where combined land uses warrant a deviation from
established requirements.
(H) Public Services.
(i) A PUD shall not create a demand for public service
which exceeds that which is normally provided in the
zoning district of the proposed PUD.
(ii) Public facilities and improvements, including water,
sewer and street facilities, made necessary as a result
of the planned development shall be provided by the
developer of the PUD. These improvements shall be
constructed in advance of the approval of the final
plan, or, at the election of the city, escrow deposits,
irrevocable letters of credit in a form approved by the
city, or performance bonds shall be delivered to
guarantee construction of the required improvements.
(I) Nonresidential Structures. Nonresidential uses, limited to
those specifically approved by the Planning Commission, are
permitted in a Planned Unit Development provided that such
uses primarily are for the service and convenience of the
residents of the development.
Subd. 10. "R-6" Manufactured Home Park District.
(1) Purpose. The purpose of the Manufactured Home Park District is
to provide opportunities for manufactured housing in a planned
community. This district is intended to provide opportunities for
almost all types of manufactured homes including those which
may not be able to meet the design standards established in other
residential districts. All manufactured home parks are required
to conform to the provisions of this section and other appropriate
sections of this code.
(2) Permitted Uses. In the Manufactured Home Park district, unless
otherwise provided in this code, no building or land shall hereafter
be erected, or structurally altered except for one or more of the
following uses.
(A) Manufactured homes
(B) Community/recreation building
(C) Buildings or structures intended for use as a part and which
are subordinate to the function of the manufactured home
park.
(3) Conditional Uses. The following use pursuant to Conditional Use
Permit granted by the City Council on application and hearing as
provided in Section 1005.05 Subd. 5, and all appropriate regula-
tions and standards in Section 1005.05 Subd. 4 (Site and Building
Plan Review) and Subd. 6 (Certificate of Occupancy) must be
satisfied: manufactured home sales
(4) Review and Approval Procedures. No person shall establish,
develop, extend or enlarge a manufactured home park within the
City of Lino Lakes without first obtaining site plan approval from
the City Council with review by the Planning Commission.
Approval shall be granted only upon compliance with all of the
following.
(A) Planning Commission Review. The Planning Commission
shall review all applications for manufactured home parks
and may hold hearings as deemed necessary or proper. The
findings and recommendations of the Planning Commission
shall be forwarded to the City Council for action.
(B) Approval or Denial. The City Council shall consider and act
on the application for site plan approval. Approval shall be
granted only upon compliance with all of the procedures and
requirements established in this section.
(C) Submission Requirements. Submission for manufactured
home approval shall include the following.
(i) Ten (10) copies of the Manufactured Home Park Plan
showing the following.
(a) The extent and area proposed for manufactured
home park purposes
(b) Locations for roads and driveways
(c) Location of sites or lots for manufactured homes
(d) Proposed disposition of surface drainage
(e) Proposed street surfacing and lighting
(f) Off-street parking
(g) Patios
(h) Location of community building
(i) Location of recreation facilities
(j) Location of sidewalks
(k) Location of setback lines
(1) Location of screening, planting, green areas, etc.
(m) Any other information requested by the City
Council
(ii) Ten (10) copies of detailed plans for construction and
site improvements in detail adequate to assure proper
review of all site requirements established in this
Ordinance.
(iii) Proof of Agency Review. The applicant shall
provide proof that the plans submitted have been
approved by the State of Minnesota Department of
Health, and have satisfied all other federal, state,
county, city and watershed district laws and regula-
tions.
(D) Compliance with Ordinance. The Zoning Official is hereby
authorized and directed to make such inspections as are
necessary to determine satisfactory compliance with this
Ordinance, including the power to enter at reasonable times
upon any private or public property for said purposes.
(E) Access. It shall be the duty of the park owner to give the
building inspector free access to all lots at reasonable times
for the purpose of inspection.
(5) Manufactured Home Park Site Requirements. Manufactured home
parks shall comply with the following site requirements and design
standards.
(A) Every manufactured home park 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.
(B) Minimum Area. Minimum total park area shall be five (5)
acres.
(C) Each lot or site shall Dave "gteisig area of not less than 6,000
square feet.0_2,4 ram,
, p
(D) Each lot or site shall have a minimum width of sixty (60)
feet measured at right angles to its side lines.
(E) Front setback of the manufactured home shall be no less
than fifteen (15) feet from the curb but no less than ten (10)
feet from a sidewalk.:.,
(F) There shall be not less than five (5) feet between a
manufactured home and any side or rear line of a lot. Side
yard setback for interior lot lines may be reduced to zero, if
it is part of an overall park plan to m ximize private yard
space for each unit. This zertttac1 allowance will only
be permitted if the distance to the nearest manufactured
home is at least thirty (30) feet.
(G) There shall be not less than twenty (20) feet of space
between manufactured homes in all directions.
(H) Cluster Development. Cluster development shall be
encouraged; in such cases, the Planning Commission and
City Council may vary or dify the strict application and
requirements of Sections (5) (C), (D) as applied herein to
more readily accommodate this development concept.
(I) Average Density. Notwithstanding the type of development
concept used, the maximum density shall be seven manufac-
tured homes per acre.
(J) Individual Walks. All manufactured homes shall be
connected to common walks, to paved streets, or to paved
driveways or parking spaces connecting to a paved street.
Such individual walks shall have a minimum width of 2 feet.
(K) Skirt. All manufactured homes shall have skirts around the
entire unit made of metal, plastic, fiberglass or comparable,
non-combustible material approved by the r
and shall be finished to be harmonious with the manufac-
tured home so that it will enhance the general appearance
thereof.
78
(L) A patio may be constructed on the ground beside each
manufactured home parking space; this patio shall be not
less than 150 square feet in area and constructed of
concrete with a minimum thickness of four (4) inches or
approved equal.
At least one (1) shade tree (minimum diameter two (2)
inches at time of planting) shall be placed and maintained on
each site or lot.
(M)
(N)
(0)
(P)
(Q)
(R)
(S)
(T)
(U)
(V)
Except for the areas used for the manufactured home, patio,
sidewalk and off-street parking space, the entire site or lot
shall be sodded, seeded or adequately landscaped.
Each unit shall abut on and have access to a street. This
street shall be constructed according to standards approved
by the city.
A concrete curb and gutter shall be constructed on each side
of the street and the face of its curb shall be at least
fifteen (15) feet from the centerline of said street; the
design shall be of a type approved by the city.
There shall be an unused area not less than thirty (30) feet
in depth along each public street or way and this area shall
be sodded and planted.
�•
Where a manufactured home park site abuts upon a rest en-
tial area, there shall be a setback of at least ten feet
and this area shall be landscaped and screened with trees
and bushes` 2 C�'� �� a Lr
The parking of more than one (1) manufactured home on any
single lot shall not be permitted.
Water facilities, sewage disposal and street lighting shall be
installed and maintained by the owner of the manufactured
home park, oLi',( Clio, ats € e r -..,c r �� 1 f i,/ _r'=
Fire protection shall be in accordance with Minnesota
Health Department Rule 187 Fire Protection Regulations.
Accessory Buildings. One accessory building (for outside
storage of equipment and refuse is required and may be
provided by either the owner of the manufactured home
park or the owner of the manufactured home. The acces-
sory building shall be a minimum size of six (6) feet by eight
(8) feet by six (6) feet high. They shall be constructed of
weather resistant material and be finished in a manner
conforming with the appearance of the principal dwelling
and shall be consistent in appearance with the other acces-
sory buildings in the manufactured home park.
(W) Refuse Handling. The storage, collection and disposal of
refuse in the manufactured home park shall be so conducted
as to create no health hazards, rodent harborage, insect
breeding, accident or fire hazards or air pollution.
Manufactured home parks shall be kept free of litter,
rubbish and other flammable material.
(X)
Storage Areas. Storage areas shall be so maintained as to
prevent rodent harborage; lumber, pipe and other building
material shall be stored at least one foot above ground.
(Y) There shall be a separate area of storage provided for boats,
boat trailers, travel trailers, etc. The area shall be located
away from any public road and shall be screened from view
of public road and adjacent properties.
(Z) Fire Extinguisher. Each occupied manufactured home shall
be equipped with a fire-marshall-approved type extinguisher
in usable condition. The occupant of a manufactured home
shall be responsible for providing such extinguisher.
(AA) Speed Limit. Speed limit signs shall be clearly posted
throughout the manufactured home park. Ten (10) miles per
hour shall be the maximum speed posted.
(BB) Support and Tie -Down Systems. The Minnesota Department
of Administration Building Code Division Rules for Manu-
factured Home Support and Tie -Down Systems, authorized
by Minnesota Statutes Section 327.31 to 327.34 are hereby
adopted by reference and made a part of this Ordinance as
if fully set forth herein. All new and relocated manufac-
tured homes shall be equipped with an anchoring and support
system as defined and approved by state rules.
(CC) All construction materials not currently in use for construc-
tion shall be stored indoors, or totally screened from the
eye -level view from public streets and adjacent properties.
(DD) All manufactured home parks may have a central
community building with laundry drying areas and washing
machines.
(EE) Parking.
(i) Each manufactured hAme site shall have off-street
parking space s*rtaced"with concrete, bituminous, Go
y fq\two (2) automobiles.
(ii) Each manufactured home park shall maintain a hard
surfaced off-street parking lot for guests of occupants
of at least one (1) space for each five (5) sites.
(iii) Access drives off roads to all parking spaces and
manufactured home lots shall be surfaced with
concrete,
(FF) Utilities.
bituminous, or
�- (i) All manufactured homes shall be served by a central
water and sanitary sewer system.
(ii) All utilities shall be underground. There shall be no
overhead wires or supporting poles except those essen-
tial for street or other lighting purposes.
(iii) Access in the skirting shall be provided to allow the
inspection of plumbing, electrical facilities and
related manufactured home equipment.
(GG) The park shall have a street lighting plan approved by the
city.
(HH) All manufactured home parks shall have at least ten percent
(1O%) of the land area developed for recreational use (tennis
courts, children's play equipment, swimming pool, golf
green, etc.) developed and maintained at the owner's
expense.
(6) Manufactured Home Park Inspection - Permits. No manufactured
home shall be occupied as a dwelling unless a Certificate of
Occupancy has been issued by the Zoning Official.
(A) Installation Permit. No manufactured home shall be
installed without having first applied for, acquired and
received an Installation Permit from the Zoning Official.
(B) Certificate of Occupancy. Upon receipt of an application
for occupancy, the Zoning Official will promptly inspect the
installation to assure conformance with all requirements of
the Minnesota State Uniform Building Code and all other
appropriate requirements.
(C) Permit Issuance. Upon approval, the Zoning Official shall
issue a Certificate of Occupancy to the installer,
y permit shall state the date of issuance and shall precisely
describe the location of the manufactured home.
(D) Fees. Fees for inspection shall be set by the City Council.
81
Subd. 11. "R-7" Manufactured Home Subdivision District.
(1)
Purpose. The purpose of this district is to provide for manufac-
tured housing in subdivided developments, in safe, attractive
residential neighborhoods with all urban services and desired
amenities.
(2) Minimum Land Area. The minimum land area for any R-7
Manufactured Housing Subdivisions shall have at least itwee137
acres of land, and the minimum 106, width shall be at least three
hundred (300) feet.
(3)
Lot, Structure, and Yard Requirements. In the case of a
development in which a parcel is to be divided into individual
platted lots to be sold individually, the following minimum
requirements shall be observed.
(A) Minimum lot area: 9000 square feet
(B) Minimum lot width: 70 feet
(C) Setbacks:
(i) Front yard setback: 25 feet
(ii) Side yard setback from dwelling: 10 feet
(iii) Side yard setback from attached or detached private
garage or accessory building: 5 feet
(iv) Rear yard setback: 20 feet
(D) Maximum structure height: 30 feet PIP
,
(E) Buffer/screen boundary between 'L- and collector and
arterial roadways: 20 feet
(4) Permitted Uses. No structures or land shall be used except for
one of the following uses. Also, all appropriate regulations and
standards in Section 1005.05 Subd. 4 (Site and Building Plan
Review) and Subd. 6 (Certificate of Occupancy) must be satisfied.
(A) Single-family detached manufactured home
(B) Public parks and playgrounds
(C) Public utilities
(D) Municipal buildings and structures
(5) Conditional Uses. There are no uses permitted by conditional use
permit except for the following:
(A) None
a
(6) Permitted Accessory - `. No accessory eture-or e of --i-a d
shall be permitted except for the following: ;, is r
(A) Private garage
(B) Storage or tool shed
(C) Tool she and garage, shall be constructed and finished in a
manner which is consistent with the principal structure.
(7) Permit Procedures. No person shall erect, establish, extend or
enlarge a manufactured housing development within the limits of
the City of Lino Lakes without first obtaining site ptqcap,proval
from the City Council with- the advice ' of the Planning
Commission. Approval shall be granted only upon compliance
with all of the following:
(A) The application and review process for a manufactured
housing development, and all site improvements, shall
conform to all of the requirements of the city for subdivi-
sions set forth in the City Code, except as herein modified.
This shall include the requirement that the developer enter
into a contract with the community, requiring the developer
to furnish and construct such improvements as detailed in
the subdivision regulations. A detailed landscape plan shall
also be submitted and approved.
(B) The site plan and landscape plan shall meet all development
standards and lot requirements of this Zoning Ordinance.
(C) The proposed development must be located within the city's
urban service area as shown in the Comprehensive Plan, and
must be served by all public utilities.
(D) The proposed site plan must meet all applicable require-
ments of Minnesota Statutes regarding manufactured homes,
and any applicable rules and regulations of the Minnesota
Department of Health.
(8) Building Standards. All permitted residential structures in the
R-7 district shall meet the following design criteria:
(A) All istructures shall have permanent concrete or treated
wood foundations which will anchor the structure, which
comply with the Uniform Building Code as adopted in the
State of Minnesota and which are solid for the complete
circumference of the house.
(B) Sixty (60) percent of each residential structure shall have a
width of not less than 20 feet. Width measurement shall not
take into account overhangs.
(C) Single-family dwellings °tite,t,„ a pr ved-ear e4 ej ed
s shall have at least a 3/ r of pitch and shall be
covered with shingles or tiles.
(D) The minimum size or floor area for manufactured dwellings
in the R-7 district shall be 900 square feet.
(E) Any metal siding upon single-family residence structures
shall have horizontal edges and overlapping sections no
wider than 12 inches. Sheet metal siding shall not be
permitted in such districts.
(9) Building Placement. The side of the home with the longest
dimension or the side determined by the city to be the most
attractive shall be placed facing the street.
(10) Landscaping.
(A) Except for the areas used for dwellings, sidewalks, parking
or accessory structures, the entire area of each homesite
shall be sodded or seeded with grass or other suitable ground
cover.
(B) At least one shade tree shall be planted at each homesite.
Such tree shall be a minimum of 2" caliper size.
(C) Every manufactured housing development shall provide for a
buffer to adtaret pecties, consisting of a vacant strip of
land 20 feet in width along all boundaries of the site. Such
buffer will be landscaped with a screen of deciduous and/or
evergreen trees, shrubs and bushes and berms so as to form
a screen to adjoining properties and streets. Plans for
plantings shall be approved by the Council and included in
any bond required as a part of the development process.
The buffer area may be placed under the control of a
homeowners' association, or be included in individual platted
lots. Deed restrictions requiring the permanent reservation
of these areas as open space and the maintenance of plant
materials and berms shall be recorded prior to the issuance
of any building permits.
(D) All signs, mailboxes and accessory lighting shall be uniform
in materials and design and be approved as part of a
landscape plan.
(11) Exterior Storage. _If a separate area for exterior storage of boats,
travel trailers or any other items is to be provided, such area shall
be located away from any public street and shall be densely
screened and fenced in an approved manner.
(12) Parks and Recreation. Each Manufactured Housing Subdivision
platted in the city shall hereafter dedicate to the city an area
equal to 10 percent of the total proposed area to be subdivided.
Such area shall consist of developable and usable land. As an
alternative, the subdivider may be allowed to contribute an
amount in cash equivalent to the market value of the land
required to be dedicated by the subdivision.
(13) Parking and Street Standards.
(A) Each dwelling unit shall h e a concrete or asphalt paved
off-street parking area for two (2) vehicles. Such parking
area shall not be less than ten (10) feet from any street
right-of-way, - _t,,. • .,env cttgaim,
(B) Streets in this district shall have a right-of-way width of not
less than fifty (50) feet, and a roadway width not less than
thirty-two (32) feet.
(14) Parkland Dedication. Each manufactured housing development in
the city shall hereafter dedicate to the city for park and
recreation purposes an area equal to 10 percent of the total
proposed area to be subdivided. Such area shall consist of
developable and usable land. As an alternative, the city may
require the development to contribute an amount in cash equiva-
lent to the market value of the land required to be dedicated by
the subdivision.
85
Subd. 12. "NB" Neighborhood Business District.
(1) Purpose. The purpose of the NB Neighborhood Commercial
District is to provide for the establishment of local businesses for
convenient, limited office, retail or service outlets which deal
directly with the daily requirements of the immediate neighbor-
hood and which are located along a collector or arterial roadway.
These businesses are not intended to draw customers from the
entire community.
(2) Lot and Yard Requirements.
(A) Minimum lot size: 11,250 square feet (in a sewered area),
1 acre (unsewered area)
(B) Minimum lot width: 75 feet
(C) Setbacks:
(i) Front yard: 30 feet
(ii) Rear yard: 30 feet
(iii) Side yard (interior lot line): 15 feet
(iv) Side yard (corner lot): 30 feet
(v) Side and rear yard (accessory building): 5 feet
(3) Height Regulations. No building in the NB District shall be
erected or structurally altered to exceed thirty (30) feet.
(4) Building Coverage. The maximum amount of a site which may be
covered by buildings is 35 percent.
(5) Green Area. The minimum site area to be left to open space,
yard, and/or landscaped area: 35 percent.
(6) Permitted Uses. In the NB District, unless otherwise provided in
this code, no building or land shall hereafter be erected, or
structurally altered except for one or more of the following uses.
Also, all appropriate regulations and standards in Section 1005.05
Subd. 4 (Site and Building Plan Review) and Subd. 6 (Certificate of
Occupancy) must be satisfied.
(A) Convenience grocery store (not supermarket)
(B) Barber shop
(C) Beauty parlor
(D) Bakery
(E) Laundromat (self-service)
(F) Specialty and consignment shops
(7) Conditional Uses. The following uses pursuant to Conditional Use
Permit granted by the City Council on application and hearing as
provided in this code, and Certificate of Occupancy as provided
by 1005.05 Subd. 6.
(A) Professional offices
(B) Motor fuel station
(C) Public utility buildings
(D) Small engine repair (i.e., lawn mowers, snowblowers and
other small engines)
87
Subd. 13. "LB" Limited Business District.
(1) Purpose. 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. This may include
high quality commercial areas such as an "office park" develop-
ment. Also, the "LB" District can be used as a transitional
district or buffer between noncompatible uses such as intense
commercial ("GB") and residential uses.
(2) Lot and Yard Requirements.
(A) Minimum lot size: 15,000 square feet (sewered area)
(B) Minimum lot width: 100 feet
(C) Setbacks:
(i) Front yard: 30 feet
(ii) Rear yard: 30 feet
(iii) Side yard (interior lot line): 10 feet
(iv) Side yard (corner lot): 30 feet
(v) Side and rear yard (accessory building parking lot or
driveway): 10 feet
(3) Height Regulations. No building in the LB district shall exceed a
height of three stories or 36 feet, whichever is higher.
(4) Building Coverage. The maximum amount of a site which may be
covered by buildings is 35 percent.
(5) Green Area. The minimum site area to be left to open space,
yard, and/or landscaped area: 35 percent.
(6) 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. Also, all appropriate
regulations and standards in Section 1005.05 Subd. 4 (Site and
Building Plan Review) and Subd. 6 (Certificate of Occupancy)
must be satisfied.
(A) Professional and personal business offices
(B) Financial institution
(C) Funeral chapel or mortuary
(D) Churches
(E) Veterinary clinic or offices (not kennels) (Out patient only -
no animals kept overnight)
(F) Medical and dental clinics
(G) Resthome, nursing home
(H) Photo and art studio
(7) Conditional Uses. The following use pursuant to Conditional Use
Permit granted by the City Council on application and hearing as
provided in Section 1005.05 Subd. 5, and all appropriate regula-
tions and standards in Section 1005.05 Subd. 4 (Site and Building
Plan Review) and Subd. 6 (Certificate of Occupancy) must be
satisfied.
(A) Private lodges and clubs
(B) Motor fuel station
(C) Multiple -family dwelling
(D) Public utility buildings
(E) Carry out and/or delivery restaurants
(F) Apartment for business owner
(G) Restaurants
(H) Apartment for one family in combination with business use
(I) Tourist, rooming or boarding house
(J) Music, dance or business school
89
Subd. 14. "SC" Shopping Center District.
(1) Purpose. This zoning classification is reserved for modern retail
shopping facilities of integrated design in appropriate locations.
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. This will allow potential
developers greater freedom in site selection and reduce the
possibility of under- of over -zoning for commercial development.
(A) There may be more than one site suited for commercial
activity, and public policy states that only one may be
developed.
(B) To provide a flexible means to zone land for commercial
development at a later date when there is justification.
(2) District Lot and Yard Requirements.
(A) Minimum district size: 3 acres
(B) Minimum lot size: none
(C) Minimum lot width: none
(D) Setbacks:
(i) Front: 50 feet
(ii) Rear: 30 feet
(iii) Side (interior lot line): 10 feet
(iv) Side (corner): 30 feet
(v) Side and rear (accessory building): 10 feet
(vi) Side and rear (parking lots): 5 feet
(3) Height Regulations. No building in the SC district shall exceed a
height of 45 feet.
(4) Building Coverage. The area covered by any structure or struc-
tures shall not exceed forty percent (40%) of the total land area.
(5) Green Area. The minimum site area to be left to open space,
yard, and/or landscaped area: 10 percent.
(6) Considerations for Rezoning. 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.
WIMP
(A) Thoroughfare Access. The area will be located adjacent to
a thoroughfare or collector street as shown on the Compre-
hensive Plan
4
(B) Site and Building Plans. Submission of a plot plan showing
structures, parking, driveways, landscaping, and screening in
accordance with Section 1005.05 Subd. 4.
(C) Intersections. In the event that a corner of any major road
intersection or interchange is zoned SC, no further SC
zoning shall be designated in the area unless designated by
the City Council.
(D) Market Feasibility Study. A market feasibility study shall
be submitted to indicate need, size and future requirements.
(7) Permitted Uses. In the 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. Also, all appropriate regulations and
standards in Section 1005.05 Subd. 4 (Site and Building Plan
Review) and Subd. 6 (Certificate of Occupancy) must be satisfied.
(A) Retail shopping center*
(B) Personal and professional office
(C) Retail sales and services to include grocery, drugs, hard-
ware, appliances, furniture, office supplies
(D) Restaurant*, cafe*
(E) Personal services, beauty and barber shop, clothes cleaning,
dress maker, etc.
(F) Radio and television repair
(G) Liquor, off -sale
(8) Conditional Uses. The following uses pursuant to Conditional Use
Permit granted by the City Council on application and hearing as
provided in Section 1005.05 Subd. 5, and all appropriate regula-
tions and standards in Section 1005.05 Subd. 4 (Site and Building
Plan Review) and Subd. 6 (Certificate of Occupancy) must be
satisfied.
(A) Automobile service station
(B) Theaters
(C) Car wash
(D) Open sales lot
(E) Motor fuel station
(F) Private lodges or clubs
(G) Drive-in or fast food restaurant
(H) Amusement facility
(I) Liquor on -sale, bars, taverns
Subd. 15. "GB" General Business District.
(1)
Purpose. There are areas containing a wide variety of business
uses including retail, service, and semi -industrial uses. As such,
they may contain businesses which tend to serve other business
and industry as well as those catering to shoppers' needs.
(2) Lot and Yard Requirements.
(A) Minimum lot size: 20,000 square feet (in a sewered area),
1 acre (unsewered area)
(B) Minimum lot width: 100 feet
(C) Setbacks:
(i) Front: 30 feet
(ii) Rear: 30 feet
(iii) Side (interior lot line): 10 feet
(iv) Side (corner lot): 30 feet
(v) Side and rear (accessory buildings, parking lots -except
corner lots): 10 feet
(vi) From residential district: 35 feet
(3) Height Regulations. No building in the GB District shall be
erected or structurally altered to exceed forty-five (45) feet.
(4) Building Coverage. The maximum amount of a site which may be
covered by buildings is 35 percent.
(5) Green Area. The minimum site area to be left to open space,
yard, and/or landscaped area: 25 percent.
(6) Permitted Uses. Permitted uses in the GB 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. Also, all appropriate regula-
tions and standards in Section 1005.05 Subd. 4 (Site and Building
Plan Review) and Subd. 6 (Certificate of Occupancy) must be
satisfied.
(A) Equipment rental and repair (home, garden, and other small
uses)
(B) Auto sales and used car lot
(C) Restaurants
93
(D) Wholesale distributors and warehousing related to it
(E) Bakery or confectionary shop for the production of articles
to be sold at retail on the premises
(F) Farm, boat, airplane, auto equipment sales
(G) Open sales lot and seasonal business
(H) Newpaper publishing and job printing establishments
(I) Bowling alleys and recreational entertainment
(3) Electrical, radio and television repair
(K) Carpeting or woodworking shops
(L) Greenhouses
(M) Hotel and motel
(N) Financial institutions
(0) Funeral chapel or mortuary with caretaker apartment
(P) Church
(Q) Music, dance or business/trade school
(R) Personal and professional offices
(S) Tile, carpentry, and woodworking shops and showrooms
(T) Retail sales of: sporting equipment including boats and
snowmobiles (inside storage only)
(U) Plumbing, office, shop and retail sales
(V) Liquor, off -sale bottle shop
(7) Conditional Uses. The following uses pursuant to Conditional Use
Permit granted by the City Council on application and hearing as
provided in Section 1005.05 Subd. 5, and all appropriate regula-
tions and standards in Section 1005.05 Subd. 4 (Site and Building
Plan Review) and Subd. 6 (Certificate of Occupancy) must be
satisfied.
(A) Hospitals and clinics
(B) Automobile service station
(C) Motor fuel station
(D) Bus and transit service
(E) Public utility buildings
(F) Theaters and drive-in theaters
(G) Apartment for business owner
(H) Veterinary clinic or office (with kennels)
(I) Private clubs and lodges
(J) Drive-in restaurants
(K) Automobile and truck repair
(L) Offices and shops for small contractors (no exterior storage)
(M) Sporting equipment - exterior storage
(N) Small engine and boat repair
(0) Open seasonal storage for permitted GB uses
(P) Amusement facility
(Q) Zero lot line developments (see 1005.04 Subd. 10)
(R) Liquor, on -sale
Subd. 16. "LI' Light Industrial District.
(1) Purpose. These areas have the prerequisites for industrial
development, but because 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 whole-
sale, service and light industries which are dependent upon raw
materials refined elsewhere.
(2) Lot and Yard Requirements.
(A) Minimum district size: 3 acres
(B) Minimum lot size: 1 acre
(C) Minimum lot width: 150 feet
(D) Setbacks:
(i) Front: 50 feet
(ii) Rear: 15 feet
(iii) Side (interior lot line): 10 feet
(iv) Side (corner lot): 50 feet
(v) Side and rear (accessory building except corner lot):
10 feet
(vi) From residential district: 75 feet
(vii) Side and rear (parking lots): 5 feet
(3) Height Regulations. No building in the LI District shall be
erected or structurally altered to exceed 45 feet.
(4) Building Coverage. The maximum amount of a site which may be
covered by buildings is 40 percent.
(5) Green Area. The minimum site area to be left to open space,
yard, and/or landscaped area: 10 percent.
(6) Buffer. Where a side or rear lot line in an L-I District coincides
with an adjacent Residential or Commercial District, or public
road right-of-way, a landscape buffer area shall be provided along
such side or rear lot line not less than 40 feet in depth and shall
contain landscaping, planting, berming or other effective
screening suitable to provide an effective 50 percent screen.
96
(7) Permitted Uses. In the Light Industrial (LI) District, no building
or land shall be used and no building shall be erected, converted or
structurally altered except for one or more of the following uses.
(A) Any use permitted in a Commercial District that will not
interfere with proper development of a Light Industrial
District.
(B) Shops and offices for contractors including: plumbing,
heating, glazing, painting, paperhanging, roofing, ventila-
ting, electrical, carpentry, welding, landscaping, excavating,
and general contracting but not storage yards.
(C) Bottling establishments to include beverages such as soft
drinks, milk, etc., but not including hazardous or toxic
materials
(D) Light manufacturing including the following:
Canvas and canvas products
Clothing and other textile products not including
manufacturing of textiles
Manufacturing and assembly of electrical equipment,
appliances and supplies, manufacturing and assembly
of, but not to include heavy electrical machinery
(iv) Jewelry, clocks, watches
(v) Leather products including luggage and shoes
(vi) Medical and dental appliances and furniture
(vii) Drafting equipment
(viii) Optical goods
(ix) Musical instruments
(x) Small products from the following previously prepared
materials: cork, feathers, felt, fur, glass, hair, horn,
paper, plastics, shells
(xi) Tool, die and pattern -making and similar small
machine shops
(xii) Custom wood products
(xiii) Bicycles and toys
(xiv) Ceramic products
(xv) Candy and tobacco products
(xvi) Sporting equipment
97
(E) Building material sales
(F) Carpet and rug cleaning
(G) Laundry, dry cleaning or dying plant
(H) Feed and seed sales
(I) Greenhouses, nurseries
(3) Machine shops and metal products manufacture when not
equipped with heavy (exceeding 50 ton pressure) punch
presses, drop forges, riveting and grinding machines or any
equipment which may create noise, vibration, smoke, odors,
heat, or glare, etc., disturbing to adjacent property occu-
pants
(K) Medical appliance and equipment manufacture
(L) Rope, cord and twine manufacture
(M) Warehousing, storage and distribution facilities but not
motor freight terminals
(N) Accessory uses on the same lot with and customarily inci-
dental to any of the above permitted uses or of the same
general character
(0) Contractor storage of equipment and building materials if
enclosed within a building
(8) Conditional Uses. The following conditional uses may be allowed
in the I-1 District subject to the provisions of Section 1005.05 of
this ordinance.
(A) Open storage of materials and equipment when fenced and
screened relating to the principal use
(B) Radio and television transmissions, towers, when fenced
(C) Laboratory, research, experimental and testing
(D) Soap manufacture
(E) Paper converting
(F) Automobile service stations
(G) Automobile and truck repair
(H) Zero lot line developments (see 1005.04 Subd. 10)
(I) Combining and/or processing of food products excluding
meat, fish and poultry
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11.1.0
98
Subd. 17. "GI" General Industrial District.
(1)
Purpose. These are areas which, because of availability to
thoroughfares, suitable topography, and isolation, are appropriate
for industrial uses of a more intense nature and ones which may
have certain nuisance characteristics.
(2) District, Lot and Yard Requirements.
(A) Minimum district size: 10 acres
(B) Minimum lot size: 3 acres
(C) Minimum lot width: 200 feet
(D) Setbacks:
(i) Front: 50 feet
(ii) Rear: 15 feet
(iii) Side (interior lot): 10 feet
(iv) Side (corner lot): 50 feet
(v) Side and rear (accessory building except corner lot):
10 feet
(vi) Side and rear (parking lot): 5 feet
(vii) From residential district: 100 feet
(3) Height Regulations. No building in the GI District shall be
erected or structurally altered to exceed 45 feet.
(4) Building Coverage. The maximum amount of a site which may be
covered by buildings is 40 percent.
(5) Green Area. The minimum site area to be left to open space,
yard, and/or landscaped area: 10 percent.
(6) Buffer. Where a side or rear lot line in an GI District coincides
with an adjacent Residential or Commercial District, or public
road right-of-way, a landscape buffer area shall be provided along
such side or rear lot line not less than 40 feet in depth and shall
contain landscaping, planting, berming or other screening suitable
to provide an effective visual screen.
(7) Permitted Uses. In the General Industrial (GI) 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:
99
(A) Any use'permitted in the Commercial District and Light
Industrial District that will not interfere with the proper
development of the Ueavy,Industrial District.
k�k
(B) Wood pulp and fiber, reduction and processing thereof
(C) Brick and structural clay products manufacture
(D) Concrete mixing plants
(E) Concrete products manufacture
(F) Electroplating
(G) Grain storage and processing
(H) Graphite products manufacture
(I) LitiOleura t a e
(3) Machine shop
(K) Metal stamping
(L) Plastics manufacture
(M) Automobile and truck repair
(8) Conditional Uses. The following Conditional Uses may be allowed
in the GI District, subject to the provisions of Section 1005.05
Subd. 5 of this Ordinance.
(A) Junkyards and auto salvage yards when screened
(B) Refuse and garbage hauling business but not disposal or
storage
(C) Petroleum or other liquid storage tanks
(D) Manufacture of:
(i) Asphalt or asphalt products
(ii) Explosives, fireworks, including storage thereof
(iii) Fertilizer, when manufactured from organic materials
(iv) Gypsum, cement, plaster or plaster of paris
(v) Rubber
(vi) Sulphurous, sulphuric, nitric, or other offensive or
corrosive acids
(vii) Linoleum
(viii) Petroleum and chemical products
(E) Automobile service stations
(F) Metal reduction and refinement
(G) Paint products manufacture
(H) Exterior storage for contractors, when screened
(I) Zero lot line developments (see 1005.04 Subd. 10)
(3) Motor freight terminals
101
Subd. 18. "PSP" Public and Semi -Public District.
(1) Purpose. This district is designed and intended to aid in guiding
development towards fulfillment of the Comprehensive Plan to
serve the following functions.
(A) To provide the community with properly located schools,
colleges, and health institutions.
(B) To provide the community with properly located public
services and utilities.
(C) To provide the community with properly located open green
space, parks, playgrounds and recreational facilities.
(D) To relate public and semi-public locations with thoroughfare
system.
(2) Lot and Yard Requirements.
(A) Minimum lot size: 1 acre
(B) Minimum lot width: 150 feet
(C) Setbacks:
(i) Front: 50 feet
(ii) Rear: 30 feet
(iii) Side (interior lot line): 30 feet
(iv) Side (corner lot): 10 feet
(v) Side and rear (accessory building): 10 feet
(vi) Side and rear (parking lot): 5 feet
(3) Height Regulations. No building in the PSP District shall be
erected or structurally altered to exceed 45 feet.
(4) Building Coverage. The maximum amount of a site which may be
covered by buildings is 35 percent.
(5) Green Area. The minimum site area to be left to open space,
yard, and/or landscaped area: 35 percent.
(6) 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 structurally altered unless otherwise provided
herein, except for one of more of the following uses.
(A) Schools - elementary
102
(B) Clinics, rest homes, nursing homes
(C) All public buildings for municipal government, such as city
hall, water works, sewage plant, police, fire, etc.
(D) Parks and recreation facilities, golf courses
(E) Cemeteries
(7) Conditional Uses.
(A) Junior high, high school, college
(B) Hospitals
103
1005.07. Airport Zoning.
Subdivision 1. Airspace Obstruction Zoning.
(1)
Airspace Zones. In order to carry out the purpose of this
Ordinance as set forth above, the following airspace zones are
hereby established: Primary Zone, Horizontal Zone, Conical
Zone, Approach Zone, and Transitional Zone, and whose locations
and dimensions are as follows:
(,2i (X Primary Zone. All that land which lies directly under an
imaginary primary surface longitudinally centered on a runway
and:
Extending 200 feet beyond each end of the runway. The
elevation of any point on the primary surface is the same as
the elevation of the nearest point on the runway centerline.
The width of the primary surface is 250 feet.
Horizontal �i . All that land which lies directly under an
imaginary horizontal surface 150 feet above the established
airport elevation, the perimeter of which is constructed by
swinging arcs of specified radii from the center of each end
of the primary surface of each runway and connecting the
adjacent arcs by lines tangent to those arcs. The radius of
each arc is 6,000 feet.
(C) Conical Zone. All that land which lies directly under an
imaginary conical surface extending upward and outward
from the periphery of the horizontal surface at a slope of 20
to 1 for a horizontal distance of 4,000 feet as measured
radially outward from the periphery of the horizontal
surface.
(D) Approach Zone. All that land which lies directly under an
imaginary approach surface longitudinally centered on the
extended centerline at each end of a runway. The inner
edge of the approach surface is at the same width and
elevation as, and coincides with, the end of the primary
surface. The approach surface inclines upward and outward
at a slope of 20:1.
The approach surface expands uniformly to a width of 2,500
feet at a distance of 10,000 feet to the periphery of the
conical surface.
Height Restrictions. Except as otherwise provided in this
Ordinance, and except as necessary and incidental to airport
operations, no structure or tree shall be constructed, altered,
maintained, or allowed to grow in any airspace zone so as to
project aboveb'�ny of the imaginary airspace surfaces described in
said (1) hereof. Where an area is covered by more than
one height limitation, the more restrictive limitations shall
prevail.
105
Boundary Limitations. The municipality may regulate the loca-
tion, size and use of building and the density of population in that
portion of an airport ha and area under the approach zones for a
distance not exceeding iwo miles from the airport boundary and
may regulate height restriction zoning for a distance not to
exceed one and one-half miles beyond the perimeter of the airport
boundary.
Subd. 2. Land Use Safety Zoning.
(1) Safety Zone Boundaries. In order to carry out the purpose of this
Ordinance, as set forth above and also in order to restrict those
uses which may e hazardous to the operational safety of aircraft
operating to and from the Benson Airport, and furthermore to
limit population and building density in the runway approach
areas, thereby creating sufficient open space so as to protect life
and property in case of an accident, there are herby created and
established the following land use safety zones:
(A) Safety Zone A. All land in that ortion of the approach
zones of a runway, as defined in S S 'o n--A of Airspace
Obstruction Zoning hereof, which extends outward from the
end of primary surface a distance equal to two-thirds of the
planned length of the runway.
(B) Safety Zone B. All land in that portion of the approach
zones of a runway, as defined in Subsection A of Airspace
Obstruction Zoning hereof, which extends out -ward from
Safety Zone A a distance equal to one-third of the planned
length of the runway.
(C) Safety Zone C. All that land which is enclosed within the
perimeter of the horizontal zone, as defined in Subsection A
of Airspace Obstruction Zoning hereof, and which is not
included in Zone A or Zone B.
(2) Use Restrictions.
(A) General. Subject at all times to the height restrictions set
forth in Subsection (2) (Airspace Obstruction Zoning), no use
shall be made of any land in any of the safety zones defined
in Subsection (1) (Airspace Obstruction Zoning), which
creates or causes interference with the operations of radio
or electoronic facilities on the airport or with radio ro
electoronic communications between airport and aircraft,
makes it difficult for pilots to distinguish between airport
lights and other lights, results in glare in the eyes of pilots
using the airport, impairs visibility in the vicinity of the
airport, or otherwise endangers the landing, taking off, or
maneuvering of aircraft.
(B) Zone A. u ct at all times to the height restrictions set
forth in S e an (2) 1t Airspace Obstruction Zoning, and
to the general restrictions contained in Airspace Obstruc-
106
tion Zoning, areas designated as Zone A shall contain no
buildings, temporary structures, exposed transmission lines,
or other similar above -ground land use structural hazards,
and shall be restricted to those uses which will not create,
attract, or bring together an assembly of persons thereon.
Permitted uses may include, but are not limited to, such
uses as agriculture (seasonal crops), horticulture, animal
husbandry, raising of livestock, wildlife habitat, light
outdoor recreation (nonspectator), cemeteries, vehicle
parking lots, and single-family dwellings.
(C) Zone B. Subject at all times to the height restrictions set
forth in Subsection (2) of Airspace Obstruction Zoning, areas
designated as Zone B shall be restricted in use as follows:
(i) Each use shall be on a site whose area shall not be less
than one acre.
(ii) The following uses are specifically prohibited in Zone
B: Churches, hospitals, schools, theaters, stadiums,
hotels and motels, campgrounds, and other places of
frequent public or semipublic assembly.
(D) Zone C. Zone C is subject only to height restrictions set
forth in Subsection B of Airspace Obstruction Zoning, and to
the general restrictions contained in Subsection B I.
W.
1005.08. Parking for All Zoning Districts.
(1) 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.
(A) Rural District. All parking shall be provided on the
premises.
(B) Residential Districts.
(i) Expansion Residential. Two (2) spaces per dwelling
unit.
(ii) Urban Residential (R-1, R-2). Two (2) spaces per
dwelling unit.
(iii) Multiple -Family (R-3, R-4, R-5). Two (2) spaces per
dwelling unit, one (1) of which must be enclosed. (See
1005.06 Subd. 7 (8).)
(iv) Manufactured Homes (R-6, R-7). Two (2) spaces per
dwelling unit.
(C) Commercial Districts.
(i) Neighborhood Business.
(a) Convenience Grocery Store. One (1) space for
each 80 square feet of retail space.
(b) Barber Shop/Beauty Parlor. Four (4) spaces for
each barber chair.
(c) Laundromat. Six (6) spaces per 1000 square feet
of gross floor area.
(d) Bakery. Six (6) spaces per 1000 square feet of
gross floor area.
(e) Specialty Shop. Six (6) spaces per 1000 square
feet of gross floor area.
(ii) Limited Business.
(a) Professional Offices. One (1) space for every
150 square feet.
(b) Financial Institution. Four (4) spaces for every
1000 square feet.
109
(c) Funeral Chapel or Mortuary. Five (5) spaces for
each chapel plus one for each funeral vehicle.
Funeral procession make-up space shall be
provided off-street.
(d) Churches. One (1) space for each four seats
based on the design capacity of main assembly
area.
(e) Veterinary Clinic. Four (4) spaces per 1000
square feet of gross floor area.
(iii) General Business.
(a) Motor Fuel Station. Four (4) spaces plus two (2)
spaces for each service stall.
(b) Retail Sales and Service. One (1) space per each
200 square feet of gross floor area.
(c) Auto Sales/Car Lot. Four (4) spaces per 1000
square feet gross floor area plus one space per
each 2000 square feet of gross land area.
(d) Car Wash. Spaces equal to five times the
capacity of the operation plus one space for each
employee.
(e) Restaurant. Ten spaces for each 1000 square
feet of dining room plus one space for each
employee of the maximum working shift.
(f) Bakery/Confection Shop. Six (6) spaces per 1000
square feet of gross floor area.
(g) Auto, Farm, Boat Equipment Sales. Six (6)
spaces per 1000 square feet of gross floor area.
(h) Open Sales Lot. Ten (10) spaces or one per 2000
square feet gross land area whichever is larger.
(i) Printing Establishments. One (1) space for each
employee plus one space for each 1000 square
feet gross floor area.
(j) Bowling Alley. Five (5) spaces for each alley
plus additional spaces for related uses.
(k) Electrical and Television Repair. Six (6) spaces
per 1000 square feet gross floor area.
(1) Woodworking Shop. One (1) space for each
employee plus one space for each 1000 square
feet of gross floor area.
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(m) Hotel and Motel. One space for each rental unit
plus one space for each eight rental units plus
one space for each employee on the maximum
working shift.
(n) Hospital. Two (2) spaces for each bed.
(o) Drive -In Restaurant. Thirty (30) spaces for each
1000 square feet of gross floor area.
(p) Fast Food Restaurant. Thirty (30) spaces per
1000 square feet of gross floor area.
(q) Retail Sales including Grocery, Drug, Hardware
Stores. Six (6) spaces per 1000 square feet of
gross floor area.
(r) Taverns. Ten (10) spaces per 1000 square feet of
gross floor area.
(s) Theaters. One (1) space per 1000 square feet
gross floor area.
(D) Industrial Districts.
(i) Contractors' Offices, Shops and Yards. Two (2) spaces
for each employee.
(ii) Light Manufacturing. One (1) space for each two
employees or one space for each 2000 square feet of
gross floor area, whichever is greater.
(E) Public and Semi -Public District.
(i) Schools, Elementary and Junior High. One (1) space
for each classroom plus one additional space for each
300 student capacity plus one space for each employee
plus one space for each four seats in auditorium.
(ii) High Schools and Colleges. One (1) space for each
classroom plus one additional space for each seven
students based upon maximum design capacity.
(iii) Hospitals. One (1) space for each three hospital beds,
plus one space for each four employees other than
doctors, plus one space for each resident and regular
staff doctor.
(iv) Rest Home, Nursing Home, or Institution. One (1)
space for each six beds based upon maximum design
capacity, plus one space for each two employees.
(F) Districts or Uses not Specifically Noted. Parking spaces as
determined by City Council following review by Planning
and Zoning Commission.
(2) Parking Location Requirements. 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 and 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.
(D) No off-street parking space within fifteen feet of any street
right-of-way.
(E) No off-street open parking area containing more than four
parking spaces shall be located closer than five feet from an
adjacent lot zoned or used for residential purposes.
(3) General Parking Provisions.
(A) Existing off-street parking spaces and loading spaces upon
the effective date of this Ordinance shall not be reduced in
number unless said number exceeds the requirements set
forth herein for a similar new use.
(B) 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 a change in use
or 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 changed
accordingly.
(C) Floor Area. For purposes of determining the floor area
requirements, it shall not include areas used primarily as
building utility rooms, toilets or rest rooms, dressing, fitting
or alteration rooms, coolers, window displays, or lobbies.
(D) Hospital Bassinets. In hospitals, bassinets shall not be
counted as beds.
(E) 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 22 inches of such seating
facilities shall be counted as one seat for the purpose of
determining requirements for off-street parking facilities
under this Ordinance.
(F) 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.
(G) 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
exceed 11,075 pounds gross tC ae?* for each dwelling.
Under no circumstances shall required parking facilities
accessory to residential structures be used for the storage
of commercial vehicles or for the parking of automobiles
belonging to the employees, owners, tenants or customers of
nearby business or manufacturing establishments.
(H) Joint Parking Facilities. Off-street parking facilities for a
combination of mixed buildings, structures, or uses may be
provided collectively 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 parking periods.
(I) Control of Off -Street Parking Facilities. When required,
accessory off-street parking facilities are provided else-
where 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 principal use
shall file a recordable document with the city 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.
(3) 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.
(4) Design and Setback Requirements for Off -Street Areas.
(A) Parking areas shall be designed so as to provide adequate
means of access to a public alley or street. Such driveway
access shall not exceed 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 (Y2) or more shall constitute another
space.
(C) Surfacing and Drainage. All off-street parking areas except
permitted uses in the R and ER districts shall be improved
113
l n,
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. D ai�u vuaucaa �i�riac-c-n-ra
in ._ te; or -•ether, as
approved by„th Engineer.
Permitted uses in the Rural district and ER district shall be
allowed to surface driveway with crushed rock and similar
durable and dustless surface.
(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 off-street parking areas
designed to have head -in parking along the property line
shall have a curb, wheel stop or bumper guard not less than
five (5) feet from the side property line.
(F) When a parking area is for six (6) spaces or more, a curb or
fence not over four (4) feet in height shall be erected along
the front yard setback line and grass or planting shall
occupy the space between the roadway and curb or fence.
(The Planning Commission may recommend continuous
coniferous planting in lieu of fencing.) See Section 1005.04
Subd. 25 Screening of this Ordinance for further require-
ments.
(G) Parking Space for Six (6) or More Cars. When an off-street
parking area for six (6) cars or more is located adjacent to a
Residential district, a screening shall be erected between
the Residential district property line and parking area.
(H) Maintenance of Off -Street Parking Space. It shall be the
joint responsibility of the operator and owner of the princi-
pal use, uses and/or buildings to maintain, in a neat and
adequate manner, the parking space, accessways, land-
scaping and required screening.
(I)
Access. All off-street parking spaces shall have access off
driveways and not directly off the public street.
(5) Motor Vehicle Parki Residential Areas. No motor vehicle
exceeding a gross of 11,075 pounds shall be parked or
stored in a residential district except when loading, unloading or
rendering a service.
(6) 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 25
feet from the intersection of two street rights -of -way nor
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less than 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 12 feet in
width, 25 feet in length exclusive of aisle and maneuvering
space unless stated otherwise below.
(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 bituminous or concrete or other material
approved by the City 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 to 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, any 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 deter-
mined to be an audible nuisance in a residential district, the
City Council may limit the hours of operation.
(H) Required Loading Berths.
(i) Retail Sales, Office, Public Administration Buildings,
Hospitals, Schools, Hotels, and Similar Uses for such a
building having 5,000 to 10,000 square feet of floor
area, one off-street loading berth.
(ii) Manufacturing, Fabrication, Warehousing, Storing,
Servicing and Similar Establishments for such a
building having 2,000 to 30,000 square feet of floor
area, one loading berth 55 feet in length.
(iii) Nonresidential uses having 5,000 square feet of floor
area or more, not included as part of (i) or (ii) above,
4,000 to 20,000 square feet of floor area, one loading
berth; for each additional 10,000 square feet of floor
area or fraction thereof above one-fourth, one addi-
tional loading berth.
(iv) Manufacturing, Fabrication, Processing and Ware-
housing - for buildings having over 30,000 square feet,
loading facilities shall be provided at the ratio of one
loading berth 55 feet in length for each 50,000 addi-
tional square feet plus one loading berth 25 feet in
length for each 100,000 square feet. Buildings having
2,000 to 15,000 square feet shall have one loading
berth; 15,000 to 30,000, one loading berth plus one 55-
foot loading berth.
(7) 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 thorough-
fare, shall in all cases be forward moving with no backing into
streets.
On corner lots (including Rural 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 (2Y2) and ten (10) feet
above the centerline grades of the intersecting streets within
fifteen (15) feet of the intersecting 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.
1005.09. Repeal or Amendment of Prior City Ordinances.
(List of ordinances to be amended - to be added.)
1005.10. 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 Five Hundred and Dollars ($500.00), or by imprisonment for not more than
ninety (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.
1005.11. Effective Date. This Ordinance shall be effective upon adoption
and publication as provided by law.
Passed by the City Council of Lino Lakes, Anoka County, Minnesota, this
day of , 1983.
ATTEST:
(SEAL)
SIGNED
Edna L. Sarner, Clerk -Treasurer
Benjamin G. Benson, Mayor
Published in the City's Legal Paper on , 1983.
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